Today's Law As Amended


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AB-1190 Unmanned aircraft: state and local regulation: limitations.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that the intent of this act is to accomplish the following goals:
(a) To foster and promote public safety in the use of unmanned aircraft systems.
(b) To explore the development of a balanced approach to a consistent state regulatory framework for unmanned aircraft systems that can work for industry, recreational users, local government, and law enforcement.
(c) To facilitate the use of drones for recreational and hobby, commercial, and governmental purposes.
(d) To protect persons and entities from invasion of their privacy and to prevent harassment of persons and entities in their public activities.
(e) To protect sensitive governmental and private facilities and operations from interference or unauthorized surveillance, including facilities and operations addressing emergency events, such as earthquakes, fires, and flooding.

SEC. 2.

 Section 831.7.2 is added to the Government Code, immediately following Section 831.7, to read:

831.7.2.
 (a) A public entity that owns or operates a small unmanned aircraft systems recreational area shall not be held liable for injury or death of any person or property damage resulting solely from the actions of an operator of a small unmanned aircraft system in that recreational area, if the public entity posts signs at each entrance to the recreational area notifying the public that unmanned aircraft may be operating in the area.
(b) “Public entity” has the same meaning as in Section 811.2, and includes, but is not limited to, cities, counties, cities and counties, and special districts.

SEC. 4. SEC. 3.

 Section 853.5 of the Government Code is amended to read:

853.5.
 The following definitions shall apply to this chapter:
(a) ”Public unmanned aircraft system” means an unmanned aircraft system that is owned or operated by a local or state government entity.
(b) “Small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds.
(a) (c)  “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(b) (d)  “Unmanned aircraft system” means 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.

SEC. 4.

 Chapter 12.97 (commencing with Section 7105) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER  12.97. Unmanned Aircraft Regulation
7105.
 (a) No state or local agency shall adopt any law or regulation that bans the operation of an unmanned aircraft system.
(b) An operator of a small unmanned aircraft system shall register pursuant to federal regulations and an operator shall not operate an unmanned aircraft system required to be registered by federal law or federal regulations without valid paper or electronic evidence of registration and proof of passage of the Federal Aviation Administration’s aeronautical and safety test, if required by the Federal Aviation Administration.
(c) A local agency, or its legislative body may adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered pursuant to federal law and regulations.
(d) Any peace officer authorized to enforce local laws is authorized to demand evidence of registration from a person operating an unmanned aircraft system.
(e) Failure to show proof of Federal Aviation Administration mandated registration will be a correctable violation for first-time offenders.
(f) If an operator fails to correct the violation within the applicable time period, the state or local agency may take additional enforcement actions as provided by law.
(g) Notwithstanding any other provision of law, a local agency may require an unmanned aircraft operator to provide proof of federal, state, or local registration to licensing or enforcement officials. An operator who fails to show proof of registration shall correct the violation within the time period as provided by law. If an operator fails to correct the violation within the applicable time period, the local agency may take additional enforcement actions as provided by law.
(h) A local agency may designate recreational areas for the operation of small unmanned aircraft. The local agency shall cause signage to be posted at each entrance to the recreational area notifying the public that unmanned aircraft may be operating in the area. If a public entity has designated a recreational area, then the public entity may restrict or prohibit recreational use of small unmanned aircraft system in other recreational areas within its jurisdiction.
(i) Every unmanned aircraft shall be operated in strict compliance with federal law and regulations.
(j) (1) A local agency or its legislative body may do both of the following:
(A) Adopt an ordinance that enforces federal law and regulations.
(B) Adopt an ordinance that prohibits the willful launch or landing of an unmanned aircraft system from or on public property that the local agency has deemed off limits for other activities, such as sports and kite flying, for reasonable and demonstrable public safety concerns.
(2) Nothing in this section preempts a local public entity from enacting local ordinances pursuant to its police power that relate to the use of unmanned aircraft systems so long as those laws or ordinances are not specifically written to ban the all operation of unmanned aircraft systems in the jurisdiction.
(k) An operator’s compliance with the provisions of this section shall not be a defense to liability for a violation of Section 1708.8 of the Civil Code.
(l) It is unlawful for any person to operate an Unmanned Aircraft System in the air, on the ground, or on the water in any of the following ways:
(1) In a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging operation of an Unmanned Aircraft System in violation of this paragraph, the court in determining whether the operation was careless or reckless may consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing Unmanned Aircraft Systems, including a community-based organization’s safety guidelines, as defined in subsection (h) of Section 44809 of Title 49 of the United States Code.
(2) In violation of any flight restriction, temporary or permanent, issued by the Federal Aviation Administration.
(3) In violation of any restriction issued by the Federal Aviation Administration applicable to the unmanned aircraft systems.
(4) Knowingly or recklessly interfering with law enforcement, firefighting, or any government emergency operations.
(5) Weaponizing a drone or operating a weaponized drone.
(m) For purposes of this section, the terms “public unmanned aircraft system,” “small unmanned aircraft,” “unmanned aircraft,” and “unmanned aircraft system,” have the same meanings as those terms are defined in Section 853.5.