BILL ANALYSIS Ó SB 807 Page 1 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 | | | | | | | |----------------+-----+----------------------+--------------------| SB 807 Page 2 |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 SB 807 Page 3 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 SB 807 Page 4 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. SB 807 Page 5 "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