BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 807|
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                                   THIRD READING 


          Bill No:  SB 807
          Author:   Gaines (R), et al.
          Amended:  3/17/16  
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 3/29/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Unmanned aircraft systems


          SOURCE:    California Police Chiefs Association
                     League of California Cities 


          DIGEST:  This bill seeks to provide public entities and public  
          employees with immunity from civil liability 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 system was interfering  
          with, the operation, support, or enabling of specified emergency  
          services.  This bill applies the same immunity protection for  
          public entities and employees, above, to emergency responders  
          who are private entities or paid or unpaid volunteers, if those  
          emergency responders are acting within the scope of authority  
          implicitly or expressly provided by a public entity or a public  
          employee.   


          ANALYSIS:  








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          Existing law: 


          1)Provides, under the Civil Code, that besides the personal  
            rights mentioned or recognized in the Government Code, every  
            person has, subject to the qualifications and restrictions  
            provided by law, the right of protection from bodily restraint  
            or harm, from personal insult, from defamation, and from  
            injury to his personal relations.  


          2)Provides that every person is bound, without contract, to  
            abstain from injuring the person or property of another, or  
            infringing upon any of his or her rights. 


          3)Provides that everyone is responsible, not only for the result  
            of his or her willful acts, but also for an injury to another  
            caused by his or her lack of ordinary care or skill in the  
            management of his or her property or person, except so far as  
            the latter has, willfully or from lack of ordinary care,  
            brought the injury upon himself or herself.  


          4)Specifies, under the Government Tort Claims Act (Act), rules  
            of civil liability that apply to public entities and public  
            employees in California.  The Act generally provides that all  
            public entities, state and local, are liable in tort to the  
            extent declared by statute, subject to stated immunities and  
            defenses.  Public employees are liable to the same extent as  
            private persons, subject to various immunities and defenses.  


          5)Defines a "public entity" to include the state, the Regents of  
            the University of California, the Trustees of the California  
            State University and the California State University, a  
            county, city, district, public authority, public agency, and  
            any other political subdivision or public corporation in the  
            state.  Defines a "public employee" to mean an employee of a  
            public entity.  









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          6)Governs the liability of public entities and public employees  
            with regard to fire protection.  Provides, generally, that  
            neither a public agency nor public employee acting in the  
            scope of his employment is liable for any injury resulting  
            from the condition of fire protection or firefighting  
            equipment or facilities, or for any injury caused fighting  
            fires.  


          This bill: 


          1)Adds to the Act to provide that 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 emergency responder was providing, and the unmanned  
            aircraft system was interfering with, the operation, support,  
            or enabling of any of the following emergency services:

                 Ambulance services, including, but not limited to, air  
               ambulance services;

                 Firefighting or firefighting-related services,  
               including, but not limited to, air services related to  
               firefighting or firefighting-related services; or

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


          1)Adds to the Civil Code that an emergency responder shall not  
            be liable for any damage to an unmanned aircraft or unmanned  
            aircraft system, 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 emergency services listed above.  


          2)Defines "emergency responder" for these purposes to include  
            either of the following, if acting within the scope of  
            authority implicitly or expressly provided by a public entity  
            or a public employee, as specified, to provide emergency  
            services:








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                 A paid or unpaid volunteer; or

                 A private entity.


          1)Defines: 

                 "Unmanned aircraft" to mean an aircraft that is operated  
               without the possibility of direct human intervention from  
               within or on the aircraft.  

                 "Unmanned aircraft system" to mean 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.


          Background


          As with most new technologies, the possibility of having  
          potentially thousands of commercial and private unmanned aerial  
          vehicles or "drones" take to California's skies in the coming  
          years has called into question how well state law is prepared to  
          incorporate these vehicles - and the policy issues associated  
          with their operation - into California's legal landscape.  At  
          present, the commercial use of drones in the skies over  
          California is fairly restricted; however, the recreational or  
          hobbyist use of drones remains largely unregulated.


          Of particular import to this bill are both the practical safety  
          considerations and the legal implications posed by drones and  
          their users when occupying the same space as emergency response  
          aircraft.  To this end, news reports in the last year have  
          focused on instances where drones have interfered with the  
          ability of emergency responders to perform their jobs, such as  
          firefighting.  As noted in a CNN article last August: 


            Of all the elements they must battle in a wildfire,  
            firefighters face a new foe: drones operated by enthusiasts  







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            who presumably take close-up video of the disaster.


            Five such "unmanned aircraft systems" prevented California  
            firefighters from dispatching helicopters with water buckets  
            for up to 20 minutes over a wildfire that roared Friday onto a  
            Los Angeles area freeway that leads to Las Vegas.


            Helicopters couldn't drop water because five drones hovered  
            over the blaze, creating hazards in smoky winds for a deadly  
            midair disaster, officials said. (Martinez, Vercammen &  
            Brumfield, Above spectacular wildfire on freeway rises new  
            scourge: drones, CNN (Jul. 19, 2015)  
             
                                                                    Page  6


          specified.  SB 168 was ultimately vetoed by Governor Jerry Brown  
          due to concern that the bill criminalizes conduct that is  
          already proscribed, thereby complicating matters without any  
          commensurate benefit. Notably, this bill does not contain the  
          Penal Code provisions of SB 168 that appear to have been of  
          concern to the Governor.


          This bill now provides emergency responders (including public  
          entities, public employees, as well as specified private  
          entities, and paid and unpaid volunteers) with immunity from  
          civil liability for any damage to an unmanned aircraft system,  
          if the damage was caused while the public entity, public  
          employee, or other emergency responder was providing certain  
          emergency services and the unmanned aircraft system interfered  
          with, the operation, support, or enabling of those emergency  
          services.  


          Comments


          As stated by the author: 


            Throughout last year's drought-heightened fire season,  
            private- unauthorized drones repeatedly halted firefighting  
            efforts.  The simple presence of these drones forced  
            firefighters to ground mission-critical tanker aircraft,  
            unnecessarily putting pilots, firefighters, civilians and  
            property at risk.  Additionally, these rogue drones have  
            interfered with other lifesaving missions, such as air  
            ambulance services. 


            Senate Bill 807 will help ensure that emergency responders can  
            do their job of protecting the public without worrying about  
            frivolous lawsuits. As drones become more accessible to the  
            public, their presence in the sky is quickly increasing. It is  
            essential that lifesaving services provided by emergency  
            responders be free to continue despite someone's misplaced  
            desire to capture images for YouTube and the like.  









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            [Specifically, c]urrent law does not provide explicit immunity  
            for emergency responders who damage a drone that is  
            interfering with the emergency services. This bill will  
            clearly state that there is civil immunity in these  
            situations. Impeding one tanker drop could be the difference  
            between life and death of an individual or the loss of an  
            entire neighborhood in flames.  Senate Bill 807 is a critical  
            piece of legislation to keep rogue drones from interfering  
            with the most effective response to time-sensitive crises. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified4/13/16)


          California Police Chiefs Association (co-source)
          League of California Cities (co-source)
          Association for Los Angeles Deputy Sheriffs
          California Ambulance Association
          California Association of Code Enforcement Officers  
          California College and University Police Chiefs Association
          California Fire Chiefs Association
          California Narcotic Officers Association
          California Professional Firefighters
          California Special Districts Association
          California State Association of Counties
          California State Sheriffs' Association
          California Statewide Law Enforcement Association
          City of San Bernardino
          Civil Justice Association of California
          County of San Bernardino
          CSAC Excess Insurance Authority 
          DJI Technology
          Fire Districts Association of California
          LIUNA Local 792
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Orange County Professional Firefighters Association, Local 3631
          Riverside Sheriffs Association









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          OPPOSITION:   (Verified4/13/16)


          None received






          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          4/13/16 15:49:26


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