BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1662


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          GOVERNOR'S VETO


          AB  
          1662 (Chau)


          As Enrolled  September 9, 2016


          2/3 vote


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          Original Committee Reference:  P. & C.P.


          SUMMARY:  Protects people from "hit and run" unmanned aircraft  
          system (UAS) accidents by requiring hobbyist UAS operators to  
          provide their name and address along with valid identification  
          to the victim and police at the scene of a UAS accident.  










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          The Senate amendments: 


          1)Reduce the penalty provision from a misdemeanor to either an  
            infraction or a misdemeanor, and require a violation to be  
            committed "knowingly" for the penalty to apply.


          2)Clarify that the exemption for commercial UAS applies to all  
            commercial UAS operators who operate according to a Federal  
            Aviation Administration (FAA) commercial operator  
            authorization or an FAA commercial operator rule.


          3)Require commercial operators who are not operating according  
            to an FAA commercial operator authorization or an FAA  
            commercial operator rule to comply with the bill by providing  
            the name and address of the employer or place of business.


          4)Require law enforcement to comply with the notice requirements  
            in the bill unless doing so would put individuals at risk of  
            further injury or property at risk of further damage.


          5)Specify that a hobbyist UAS operator who is participating in  
            an organized sport, league or club must comply with the bill  
            if a UAS accident results in personal injury, damage to  
            property (other than UAS involved in the sport), or damage to  
            other property not owned or controlled by a participant or  
            organizer of the sport, league or club. 


          EXISTING LAW: 


          1)Requires, under the federal FAA Modernization and Reform Act  
            of 2012 (Act), the FAA to integrate safely UAS operation into  
            the national airspace system and to develop and implement  








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            certification requirements for the operation of UAS in the  
            national airspace system.  (Public Law 112-95)   


           2)Requires, under the Act, commercial operators to obtain a  
            special Certificate of Waiver or Authorization (COA) to fly  
            until the FAA promulgates rules governing commercial UAS  
            flight.  UAS COAs typically require reporting to the FAA  
            within 24 hours of UAS accidents involving injury or property  
            damage.  (Public Law 112-95, Sections 333 and 334)


          3)Allows, under the new FAA Small Unmanned Aircraft Rule (Part  
            107) for commercial UAS operators, as of August 29, 2016,  
            commercial operators to operate UAS over unpopulated areas and  
            requires accidents involving serious injury, loss of  
            consciousness or property damage of $500 to be reported to the  
            FAA within 10 days.  (14 Code of Federal Regulations (CFR)  
            Part 107)


          4)Requires, under FAA rules for hobbyist UAS operators, as of  
            February 19, 2016, federal registration of a UAS before first  
            flight outdoors, for any UAS weighing more than 0.55 pounds  
            (250 grams) and less than 55 pounds (approx. 25 kilos),  
            including payloads such as on-board cameras, and requires UAS  
            owners to be at least 13 years old to register and to provide  
            name, address, and email.  Upon registration, UAS owners  
            receive a Certificate of Aircraft Registration/Proof of  
            Ownership along with a unique identification number, which  
            must be marked or affixed to the UAS.  (14 CFR Parts 1, 45,  
            47, 48, 91, and 375)  


           5)Requires the driver of any vehicle involved in an accident  
            resulting in personal injury to stop at the scene of the  
            accident and provide to the injured person and police:  a)  
            driver's name and address; b) name and address of any injured  
            passenger; c) registration number of the vehicle; d) name and  








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            address of the vehicle owner (if different from the driver);  
            and e) valid identification, if requested.  (Vehicle Code (VC)  
            Sections 20001, 20003, 20004)  


           6)Requires the driver of any vehicle involved in an accident  
            resulting only in property damage to stop and:  a) locate and  
            notify the owner of the property; b) provide name and address;  
            c) and present identification, if requested.  If the property  
            owner cannot be found, then the driver must leave a note on  
            the damaged property with name and address along with a  
            statement of the circumstances of the accident and notify the  
            police.  (VC 20002)  


           FISCAL EFFECT:  According to the Senate Rule 28.8, any  
          additional state costs are not significant and do not and will  
          not require the appropriation of additional state funds, and the  
          bill will cause no significant reduction in revenues. 


          COMMENTS:  This bill seeks to protect people who are injured or  
          whose property is damaged in a UAS (or "drone") accident by  
          requiring hobbyist UAS operators to provide - at the scene of  
          the accident - their name and address along with valid  
          identification to the victim and to the police.  Similar to  
          California's vehicular "hit and run" law, if the accident  
          involves property damage and the owner cannot be found, the bill  
          requires UAS operators to leave their contact information on the  
          damaged property.  This bill is designed to help victims and  
          local law enforcement resolve injury and damage accidents that  
          occur when a hobbyist UAS hits a person or a person's property.   
          The FAA has previously stated that laws traditionally related to  
          state and local police power - including land use, zoning,  
          privacy, trespass, and law enforcement operations - generally  
          are not subject to federal regulation or preemption.  


          GOVERNOR'S VETO MESSAGE:  








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          I am returning Assembly Bill 1662 without my signature.

          This bill requires hobbyist drone operators to provide, at the  
          scene of an accident caused by their drone, their name and home  
          address along with valid identification.

          Rather than creating a new misdemeanor crime, I believe it would  
          be fairer and more effective to explore a more comprehensive  
          approach that takes into account federal regulations on this  
          subject.  Piecemeal is not the way to go.



          Analysis Prepared by:                                             
                          Jennie Bretschneider / P. & C.P. / (916)  
                          319-2200                                         
          FN: 0005123