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AB-14 Unmanned aircraft: identification requirements.(2015-2016)

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AB14:v96#DOCUMENT

Amended  IN  Assembly  January 04, 2016
Amended  IN  Assembly  March 26, 2015
Amended  IN  Assembly  February 12, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 14


Introduced by Assembly Member Waldron
(Coauthors: Assembly Members Brown and Maienschein)(Coauthor: Senator Nielsen)

December 01, 2014


An act to add and repeal Title 24 (commencing with Section 110050) of the Government Code, Division 16.8 (commencing with Section 39100) to the Vehicle Code, relating to unmanned aircraft systems. aircraft.


LEGISLATIVE COUNSEL'S DIGEST


AB 14, as amended, Waldron. Unmanned aircraft systems: task force. aircraft: identification requirements.
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law generally requires an aircraft to be registered with the Federal Aviation Administration (FAA), prohibits a person from operating a United States registered aircraft unless that aircraft displays specified nationality and registration marks, and, unless authorized by the FAA, prohibits a person from placing on any aircraft a design, mark, or symbol that modifies or confuses those nationality and registration marks.
This bill would require, beginning January 1, 2017, a person or public or private entity that owns or operates an unmanned aircraft, as defined, to place specified identifying information or digitally store identifying information on that unmanned aircraft. The bill would exempt model aircraft, as defined, from that requirement. The bill would make a person or entity that violates that provision liable for a civil fine not to exceed $2,500. The bill would authorize the Attorney General, a district attorney, county counsel, or a city attorney to bring an action to recover that fine, as specified.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.

This bill would create the Unmanned Aircraft Systems Task Force, comprised of 10 members, as provided. The bill would require the task force to research, develop, and formulate a comprehensive policy for unmanned aircraft systems. The task force would be required to submit, among other things, a policy draft and suggested legislation pertaining to unmanned aircraft systems to the Legislature and the Governor throughout the term of the task force, on or before January 1, 2018. The bill would provide that these provisions are repealed on January 1, 2022.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Division 16.8 (commencing with Section 39100) is added to the Vehicle Code, to read:

DIVISION 16.8 Unmanned Aircraft

39100.
 For the purposes of this division, both of the following definitions shall apply:
(a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(b) “Model aircraft” means an unmanned aircraft that is all of the following:
(1) Capable of sustained flight in the atmosphere.
(2) Flown within visual line of sight of the person operating the aircraft.
(3) Flown strictly for hobby or recreational purposes.
(4) Does not weigh more than 55 pounds.

39101.
 (a) Beginning January 1, 2017, a person or public or private entity that owns or operates an unmanned aircraft that is not a model aircraft within this state shall do any of the following:
(1) Legibly and permanently affix, stamp, or mark on the unmanned aircraft, in a size that can be read by the naked eye without the use of magnification, identifying information that indicates each of the following:
(A) The name of the owner of the unmanned aircraft.
(B) The residential or business address of the owner of the unmanned aircraft.
(C) The telephone number of the owner of the unmanned aircraft.
(2) Store the information specified in paragraph (1) in a digital format on the unmanned aircraft. The digital information shall be stored in a manner that is readily accessible and retrievable.
(3) Legibly and permanently affix, stamp, or mark on the unmanned aircraft, in a size that can be read by the naked eye without the use of magnification, an address for an active Internet Web site that lists the information specified in paragraph (1).
(b) If a person or public or private entity that owns or operates an unmanned aircraft affixes, stamps, or marks on the unmanned aircraft pursuant to paragraph (1) of subdivision (a), the person or public or private entity shall do so in a way that does not modify or confuse the nationality or registration marks required by the Federal Aviation Administration.

39102.
 A person or public or private entity that violates the provisions of Section 39101 shall be liable for a civil fine not to exceed two thousand five hundred dollars ($2,500). A proceeding to recover the civil fines specified in this section may be brought in any court of competent jurisdiction by the Attorney General, a district attorney, county counsel, or a city attorney. Revenue from any fines collected pursuant to this section shall be deposited into the general fund for the city, county, or city and county, that brought the case, or, if brought by the Attorney General, the General Fund of this state.

39103.
 This division is not intended to conflict with or supersede federal law, including rules and regulations of the Federal Aviation Administration.

SECTION 1.Title 24 (commencing with Section 110050) is added to the Government Code, to read:
24.Unmanned Aircraft Systems Task Force
110050.

(a)The Legislature finds and declares that there is a need for California to have in place a comprehensive policy for the operation of unmanned aircraft systems, and a desire to work with the Federal Aviation Administration (FAA) in the development of and within the guidelines of the FAA as they are put in place.

(b)It is the intent of the Legislature in enacting this title that a task force be created to advise the Governor, the Governor’s Office of Business and Economic Development, and the Legislature in formulating a comprehensive policy for the state regarding unmanned aircraft systems, including, but not limited to, operating as an ongoing working group reporting ongoing activity, commenting on FAA policy development, and anticipating and recognizing California’s unique needs for high technology, aerospace, commercial, agricultural and public safety uses.

110051.

(a)There is hereby created the Unmanned Aircraft Systems Task Force which shall operate for two years, until January 1, 2018.

(b)The task force shall take all actions necessary to research, develop, and formulate a comprehensive policy for unmanned aircraft systems, to promote aviation, aerospace, agricultural, public safety and technology industry uses throughout the state, through the commercialization of aviation, aerospace, and technology products and ideas, including, but not limited to, all of the following:

(1)Review regulations and guidance from the FAA regarding unmanned aircraft systems and incorporate them into a state policy draft and advise the Governor, the Governor’s Office of Business and Economic Development, and the Legislature on an on-going basis regarding FAA policy development, task force activities, and public comment regarding the development of the FAA guidelines to coincide with the needs of California.

(2)Provide written recommendations, together with suggested legislation, for a comprehensive state policy for unmanned aircraft systems that allows the use of unmanned aircraft systems for public and private applications.

(3)Study the private use of unmanned aircraft systems to encourage development of the unmanned aircraft systems industry in the private sector.

(4)Evaluate complaints and concerns that are expressed to the task force regarding the use of unmanned aircraft systems.

(5)Study and make recommendations with respect to ensuring that unmanned aircraft systems users comply with applicable laws, and assess implementation plans and results.

(6)Encourage communication and resource sharing among individuals and organizations involved in the aviation, aerospace, agriculture, government, and technology industry, including business, the military, and academia.

110052.

(a)Any written recommendations, suggested legislation, or other drafts or documents required to be prepared pursuant to Section 110051 shall be submitted to the Legislature and the Governor throughout the term of the task force, or before January 1, 2018.

(b)The materials described in subdivision (a) shall be submitted in compliance with Section 9795.

110053.

The task force shall consist of 10 members, as follows, who shall serve a two-year term:

(a)The Adjutant General of the Military Department, or his or her designee, shall be an ex officio member of the task force.

(b)Three members appointed by the Governor:

(1)A member representing the California University System.

(2)A member representing agriculture.

(3)A member from the Governor’s economic development group.

(c)Three members appointed by the Senate Committee on Rules:

(1)A member representing the aerospace industry.

(2)A member representing the Academy of Model Aeronautics.

(3)A member representing law enforcement.

(d)Three members appointed by the Speaker of the Assembly:

(1)A member representing business and industry.

(2)Two public members who have participated in the unmanned aircraft system industry and who have experience operating unmanned aircraft systems.

110054.

(a)The task force may meet as frequently as necessary to carry out its responsibilities.

(b)The members of the task force shall serve without compensation, but shall receive a per diem of one hundred dollars ($100) and reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.

110055.

The task force may appoint an executive director, who may employ staff upon approval by the task force.

110056.

The task force shall be funded by an appropriation in the annual Budget Act.

110067.

This title shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.