Amended in Assembly June 21, 2016

Amended in Assembly May 27, 2016

Amended in Senate March 17, 2016

Senate Bill No. 807

Introduced by Senator Gaines

(Principal coauthor: Assembly Member Gatto)

(Coauthors: Senators Anderson, Bates, Berryhill, Cannella, Fuller, Leno, and Roth)

(Coauthors: Assembly Members Baker, Brough, Chang, Lackey, Obernolte, and Steinorth)

January 4, 2016

An act to add Section 43.101 to the Civil Code, and to add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

SB 807, as amended, Gaines. Unmanned aircraft systems.

(1) Existing law provides certain individuals with immunity from civil liability under specific circumstances, including, among others, limiting the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified.

This bill would further limit the exposure to civil liability of an emergency responder, defined as a paid or an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services, for begin delete damages end delete begin insert damage end insert to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services.

(2) The Government Claims Act sets forth the general procedure for the presentation of a claim as a prerequisite to the commencement of an action for money or damages against a “public entity” or a “public employee,” and defines those terms for its purposes. The act prohibits liability against a public entity or public employee for, among other things, certain acts relating to the provision of fire protection and police and correctional activities, as specified.

This bill would further limit the exposure to civil liability of a public entity or public employee for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. begin insert The bill would specify that this immunity is in addition to any other immunity provided to a public entity or public employee under law. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 43.101 is added to the Civil Code, to
read:

43.101.  

(a) An emergency responder shall not be liable for
any damage to an unmanned aircraft or unmanned aircraft system,
if that damage was caused while the emergency responder was
providing, and the unmanned aircraft or unmanned aircraft system
was interfering with, the operation, support, or enabling of the
emergency services listed in Section 853 of the Government Code.

(b) (1) For purposes of this section, “emergency responder”
means 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 an unpaid volunteer.

(B) A private entity.

(2) All of the following terms shall have the same meaning as
the terms as used in Chapter 4.5 (commencing with Section 853)
of Part 2 of Division 3.6 of Title 1 of the Government Code:

(A) Public employee.

(B) Public entity.

(C) Unmanned aircraft.

(D) Unmanned aircraft system.

SEC. 2.  

Chapter 4.5 (commencing with Section 853) is added
to Part 2 of Division 3.6 of Title 1 of the Government Code, to
read:

 

Chapter  4.5. Unmanned Aircraft

 

853.  

A public entity or public employee shall not be liable for
any damage to an unmanned aircraft or unmanned aircraft system,
if the damage was caused while the public entity or public
employee was providing, and the unmanned aircraft or 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.

(c) Search and rescue services, including, but not limited to, air
search and rescue services.

begin insert

begin insert 853.1. end insert   

The immunity provided by this chapter is in addition to
any other immunity provided to a public entity or public employee
under law.

end insert

853.5.  

The following definitions shall apply to this chapter:

(a) “Unmanned aircraft” means an aircraft that is operated
without the possibility of direct human intervention from within
or on the aircraft.

(b) “Unmanned aircraft system” means an unmanned aircraft
and associated 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 in the national airspace system.