AB955:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 15, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 955
Introduced by Assembly Member Petrie-Norris
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February 14, 2023 |
An act to add Chapter 12.9 (commencing with Section 7080) to Division 2 of Title 1 of the Government Code, relating to state government. An act to add Section 11351.7 to the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 955, as amended, Petrie-Norris.
State government: unmanned aircraft systems. Controlled substances.
Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years.
This bill would make the sale of fentanyl on a social media platform, as defined, in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the
state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing federal law prohibits recipients of federal funding awards from using or procuring certain covered equipment, systems, or services, as specified. Federal law also requires aircraft, including unmanned aircraft, to be registered as a condition of operation. Federal law also requires persons operating unmanned aircraft for governmental purposes to comply with registration requirements that are applicable to persons operating unmanned aircraft for commercial purposes, or to obtain a certificate of waiver or authorization for a public operator for a specific unmanned aircraft activity, typically granted only to government agencies or other agencies that use unmanned aircraft as part of their routine public operations.
Existing law authorizes contracting between state agencies and private contractors, and sets forth requirements for the
procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies.
This bill would, on and after January 1, 2025, prohibit state and local agencies, including law enforcement agencies, from purchasing, acquiring, or otherwise using an unmanned aircraft or unmanned aircraft system produced by a manufacturer of covered equipment, systems, or services pursuant to specified federal law.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NOYES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11351.7 is added to the Health and Safety Code, to read:11351.7.
(a) Except as otherwise provided in this division, every person who sells fentanyl on a social media platform in California shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of three, six, or nine years.(b) For the purposes of this section and Section 11351.9, “social media platform” means a public-facing internet website, internet application, or mobile internet application, such as a social network, search engine, or email service, with at least 30,000,000 active monthly users in the United States.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SECTION 1.Chapter 12.9 (commencing with Section 7080) is added to Division 2 of Title 1 of the Government Code, to read:12.9.Acquisition and Use of Unmanned Aircraft 7080.(a)On and after January 1, 2025, no state or local agency, including any law enforcement agency, shall purchase, acquire, or otherwise use an unmanned aircraft or unmanned aircraft system produced by a manufacturer of covered equipment, systems, or services pursuant to Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).
(b)For purposes of this section, the following terms have the following meanings:
(1)“Local agency” has the same meaning as in Section 53510.
(2)“State agency” has the same meaning as in subdivision (a) of Section 11000.
(3)“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft, a remote piloted aircraft, or drone.
(4)“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.