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 abegin insert localend insert public entity or a public employeebegin insert of a local public entityend insert to provide emergency services, for damage 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 abegin delete “public entity”end deletebegin insert “public entity,” “local public entityend insertbegin insert,”end insert 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 abegin insert localend insert public entity or public employeebegin insert of a local public entityend insert for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while thebegin insert localend insert public entity or public employeebegin insert of a local public entityend insert was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. The bill would specify that this immunity is in addition to any other immunity provided to abegin insert localend insert public entity or public employeebegin insert of a local public entityend insert under law.
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 43.101 is added to the Civil Code, to
2read:
(a) An emergency responder shall not be liable for
4any damage to an unmanned aircraft or unmanned aircraft system,
5if that damage was caused while the emergency responder was
6providing, and the unmanned aircraft or unmanned aircraft system
7was interfering with, the operation, support, or enabling of the
8emergency services listed in Section 853 of the Government Code.
9(b) (1) For purposes of this section, “emergency responder”
10means either of the following, if acting within the scope of
11authority implicitly or expressly provided by abegin insert localend insert
public entity
12or a public employeebegin insert of a local public entityend insert to provide emergency
13services:
14(A) A paid or an unpaid volunteer.
P3 1(B) A private entity.
2(2) All of the following terms shall have the same meaning as
3the terms as used in Chapter 4.5 (commencing with Section 853)
4of Part 2 of Division 3.6 of Title 1 of the Government Code:
5(A) begin deletePublic employee. end deletebegin insertLocal public entity.end insert
6(B) begin deletePublic entity. end deletebegin insertPublic employee of a local public entity.end insert
7(C) Unmanned aircraft.
8(D) Unmanned aircraft system.
Chapter 4.5 (commencing with Section 853) is added
10to Part 2 of Division 3.6 of Title 1 of the Government Code, to
11read:
12
Abegin insert localend insert public entity or public employeebegin insert of a local public
16entityend insert shall not be liable for any damage to an unmanned aircraft
17or unmanned aircraft system, if the damage was caused while the
18begin insert localend insert public entity or public employeebegin insert of a local public entityend insert was
19providing, and the unmanned aircraft or unmanned aircraft system
20was interfering
with, the operation, support, or enabling of any of
21the following emergency services:
22(a) Emergency medical services or ambulance transport services,
23including, but not limited to, air ambulance services.
24(b) Firefighting or firefighting-related services, including, but
25not limited to, air services related to firefighting or
26firefighting-related services.
27(c) Search and rescue services, including, but not limited to, air
28search and rescue services.
The immunity provided by this chapter is in addition to
30any other immunity provided to abegin insert localend insert public entity or public
31employeebegin insert of a local public entityend insert under law.
The following definitions shall apply to this chapter:
33(a) “Unmanned aircraft” means an aircraft that is operated
34without the possibility of direct human intervention from within
35or on the aircraft.
36(b) “Unmanned aircraft system” means an unmanned aircraft
37and associated elements, including, but not limited to,
38communication links and the components that control the
P4 1unmanned aircraft that are required for the pilot in command to
2operate safely and efficiently in the national airspace system.
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