BILL ANALYSIS Ó
SB 168
Page 1
(Without Reference to File)
SENATE THIRD READING
SB
168 (Gaines and Jackson)
As Amended September 10, 2015
2/3 vote. Urgency
SENATE VOTE: 39-0
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|Committee |Votes|Ayes |Noes |
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|Privacy |10-0 |Gatto, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Chau, Dababneh, | |
| | |Dahle, Gordon, Low | |
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SUMMARY: Increases fines for unmanned aircraft system (UAS)
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interference with firefighting activities and grants civil
immunity to public entities, public employees, and unpaid
volunteers and private entities acting within the scope of
delegated authority who damage a UAS in the course of providing
a variety of emergency services. Specifically, this bill:
1)Specifies in the Civil Code that an emergency responder is not
liable for damage to a UAS if the damage was caused while the
emergency responder was providing, and the unmanned aircraft
system was interfering with, the operation, support, or
enabling of any of the following emergency services:
a) Emergency medical services or ambulance transport
services, including, but not limited to, air ambulance
services;
b) Firefighting or firefighting-related services,
including, but not limited to, air services related to
firefighting or firefighting-related services; and
c) Search and rescue services, including, but not limited
to, air search and rescue services.
2)Defines the term "emergency responder," for purposes of the
Civil Code, to mean either of the following, if acting within
the scope of authority implicitly or expressly provided by a
public entity or a public employee to provide emergency
services:
a) A paid or unpaid volunteer; or
b) A private entity.
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3)Specifies in the Government Code that a public entity or
public employee is not liable for any damage to a UAS if the
damage was caused while the public entity or public employee
was providing, and the unmanned aircraft system was
interfering with, the operation, support, or enabling of any
of the following emergency services:
a) Emergency medical services or ambulance transport
services, including, but not limited to, air ambulance
services;
b) Firefighting or firefighting-related services,
including, but not limited to, air services related to
firefighting or firefighting-related services; and
c) Search and rescue services, including, but not limited
to, air search and rescue services.
4)Makes it a misdemeanor to knowingly, intentionally, or
recklessly operate an unmanned aircraft or unmanned aircraft
system in a manner that prevents or delays the extinguishment
of a fire, or in any way interferes with the efforts of
firefighters to control, contain, or extinguish a fire,
including, but not limited to, efforts to control, contain, or
extinguish the fire from the air. Makes a violation
punishable by imprisonment in a county jail not to exceed six
months, a fine not to exceed $5,000, or both.
5)Defines "unmanned aircraft" as an aircraft that is operated
without the possibility of direct human intervention from
within or on the aircraft, and defines "unmanned aircraft
system" as an unmanned aircraft and all of the associated
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elements, including, but not limited to, communication links
and the components that control the unmanned aircraft that are
required for the pilot in command to operate safely and
efficiently.
6)Defines "recklessly" as a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or
her act will prevent or delay the extinguishment of a fire, or
in any way interfere with the efforts of firefighters to
control, contain, or extinguish a fire, including, but not
limited to, efforts to control, contain, or extinguish the
fire from the air. The risk shall be of such nature and
degree that disregard of that risk constitutes a gross
deviation from the standard of conduct that a reasonable
person would observe in the situation. A person who creates
such a risk but is unaware of that risk solely by reason of
voluntary intoxication also acts recklessly for these
purposes.
7)Declares that no reimbursement is required because the only
costs that may be incurred by a local agency or school
district will be incurred because this bill creates a new
crime or infraction, eliminates a crime or infraction, changes
the penalty for a crime or infraction, or changes the
definition of a crime.
8)Declares that this bill is an urgency measure and shall go
into effect immediately.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: This bill is intended to stop civilian UAS from
interfering with firefighting and other emergency response
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activities by increasing the fines specifically for drone
interference with firefighting activities and granting civil
immunity to first responders for damaging a drone in the line of
duty. This bill is sponsored by the League of California Cities
and the California Police Chiefs Association.
More specifically, this bill would make it a misdemeanor,
carrying a penalty of up to six months jail time and up to
$5,000 in fines, to use a UAS in a way that interferes with
firefighting. This bill would also grant immunity from civil
liability to public and private sector emergency responders,
including emergency medical service and ambulance transport
providers, for damage caused to drones that interfere with
emergency response services (such as conducting firefighting,
air ambulance, and search-and-rescue operations).
Analysis Prepared by:
Jennie Bretschneider / P. & C.P. / (916) 319-2200 FN: 0002399