BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 807


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          SENATE THIRD READING


          SB  
          807 (Gaines)


          As Amended  June 21, 2016


          Majority vote


          SENATE VOTE:  37-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Privacy         |11-0 |Chau, Wilk, Baker,    |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Cooper, Dababneh,     |                    |
          |                |     |Gatto, Gordon, Low,   |                    |
          |                |     |Olsen                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |10-0 |Mark Stone, Wagner,   |                    |
          |                |     |Alejo, Chau, Chiu,    |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Maienschein,  |                    |
          |                |     |Ting                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|








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          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |Chau                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Grants civil immunity to public entities, public  
          employees, and unpaid volunteers and private entities acting  
          within the scope of delegated authority that damage an unmanned  
          aircraft system (UAS) in the course of providing emergency  
          services.  Specifically, this bill:  


          1)Specifies 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 UAS 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










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


          2)Specifies that the term "emergency responder" includes paid or  
            unpaid volunteers and private entities if they are acting  
            within the scope of authority implicitly or expressly provided  
            by a public entity or a public employee to provide emergency  
            services.


          3)Specifies 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  
            UAS was interfering with, the operation, support, or enabling  
            of any of the above listed emergency services.


          4)Clarifies that the immunity provided by this bill is in  
            addition to any other immunity provided to a public entity or  
            public employee under law.


          5)Defines the terms "unmanned aircraft" and "unmanned aircraft  
            system" consistent with federal law.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible fiscal impact.


          COMMENTS:  This bill is intended to prevent civilian UAS from  
          interfering with firefighting and other emergency response  
          activities by granting immunity from lawsuits to public  
          entities, public employees, and unpaid volunteers and private  
          entities acting within the scope of delegated authority who  
          damage a drone in the line of duty (such as conducting  
          firefighting, air ambulance, and search-and-rescue operations).   
          This bill is sponsored by the League of California Cities and  








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          the California Police Chiefs Association. 


          This bill would provide immunity from civil liability for damage  
          caused to UAS that interfere with emergency services more  
          broadly, including ambulance services, services related to  
          firefighting, and search and rescue operations - whether air,  
          land or water-based - and whether public or private sector  
          emergency responders are involved.


          The bill applies to forms of emergency response beyond  
          firefighting, including ambulance services and search and rescue  
          services and defines "emergency responder" to include not just  
          public entities and public employees, but also unpaid volunteers  
          and private entities who are acting within the scope of  
          authority implicitly or expressly provided by a public entity or  
          public employee to respond to an emergency situation. 


          In 2015, an approved bill containing similar immunity  
          provisions, SB 168 (Gaines), received unanimous approval from  
          the Legislature, but Governor Brown vetoed it along with several  
          other bills that created new crimes.  Governor Brown's veto  
          message reads as follows:  


                "Each of these bills creates a new crime - usually by  
               finding a novel way to characterize and criminalize conduct  
               that is already proscribed.  This multiplication and  
               particularization of criminal behavior creates increasing  
               complexity without commensurate benefit.


               "Over the last several decades, California's criminal code  
               has grown to more than 5,000 separate provisions, covering  
               almost every conceivable form of human misbehavior.  During  
               the same period, our jail and prison populations have  
               exploded. 








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               "Before we keep going down this road, I think we should  
               pause and reflect on how our system of criminal justice  
               could be made more human, more just and more  
               cost-effective." 


          The criminal penalty provisions that were contained in last  
          year's vetoed bill, SB 168, are not included in this bill. 




          Analysis Prepared by:                                             
                          Jennie Bretschneider / P. & C.P. / (916)  
                          319-2200                                         
          FN: 0003935