California 2015-2016 Regular Session Status: Passed Senate

SB 868 — State Remote Piloted Aircraft Act.

Last action — June 21 set for first hearing. Failed passage in committee. (Ayes 3. Noes 4.) Reconsideration granted.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil 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. The State Aeronautics Act governs various matters relative to aviation in the state, including, among other things, fostering and promoting safety in aeronautics and establishing only those regulations that are essential and clearly within the scope of the authority granted to the Department of Transportation by the Legislature, in order that persons may engage in every phase of aeronautics with the least possible restriction consistent with the safety and the rights of others. A violation of the act is a crime punishable by a fine of not more than $1,000 or by imprisonment of not more than 6 months, or both. Existing law establishes the Office of Emergency Services in the office of the Governor and makes the Office of Emergency Services responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would enact the State Remote Piloted Aircraft Act. The bill would establish conditions for operating remote piloted aircraft, including maintaining liability insurance or proof of financial responsibility. The bill would authorize the department to adopt rules and regulations governing the conditions under which remote piloted aircraft may be operated for the purpose of protecting and ensuring the general public interest and safety and the safety of persons operating remote piloted aircraft. The bill would prohibit the operation of remote piloted aircraft within 500 feet of critical infrastructure and in other specified areas, subject to exceptions, and would prohibit certain ways of operating remote piloted aircraft. The bill would authorize the department to make and amend general or special rules, orders, and procedures, and establish minimum standards consistent with the act as it deems necessary, to assist political subdivisions and their law enforcement agencies, and to enter into any contracts necessary to the execution of its powers pursuant to the act, as specified. The bill would provide that an officer or employee designated by the Director of Transportation to exercise certain powers of arrest, as specified, and any state or peace officer charged with the enforcement of state and local laws or ordinances may enforce and assist in the enforcement of the act, any rules or orders issued under the act, and all other state laws applicable to remote piloted aircraft or unmanned aircraft systems. The bill would provide that remedies provided by the act are cumulative with any other remedies available under law. The bill would provide that the provisions of the act are severable. The bill would make a violation of any provision of the act or any rule or order issued pursuant to the act punishable as an infraction with a fine not exceeding $250, or as a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. Because the bill would create new crimes, the 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.

Bill Text

Action History

  1. June 21 set for first hearing. Failed passage in committee. (Ayes 3. Noes 4.) Reconsideration granted.

  2. Referred to Coms. on P. & C.P. and TRANS.

  3. In Assembly. Read first time. Held at Desk.

  4. Read third time. Passed. (Ayes 25. Noes 12. Page 4084.) Ordered to the Assembly.

  5. Read second time and amended. Ordered to third reading.

  6. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3998.) (May 27).

  7. Set for hearing May 27.

  8. May 16 hearing: Placed on APPR. suspense file.

  9. Set for hearing May 16.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3612.) (April 19).

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  13. Set for hearing April 19.

  14. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 2. Page 3396.) (April 5). Re-referred to Com. on PUB. S.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  16. Set for hearing April 5.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  18. Referred to Coms. on T. & H. and PUB. S.

  19. From printer. May be acted upon on or after February 12.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Jackson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading

Passed 25 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231103
Democratic 2100
Total 251203
% of votes cast 63%30%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hertzberg — Yea
Huff — Nay
Liu — Yea
Pan — Yea
Cannella — Nay
Runner — Not Voting
Galgiani — Not Voting
Hall — Yea
Hancock — Yea
Hueso — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Hernandez — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Wolk — Yea
Fuller — Nay
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Mendoza — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Lara — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety transportation technology
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Frequently asked questions

What does SB 868 do?
Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil 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. The State Aeronautics Act governs various matters relative to aviation in the state, including, among other things, fostering and promoting safety in aeronautics and establishing only those regulations that are essential and clearly within the scope of the authority granted to the Department of Transportation by the Legislature, in order that persons may engage in every phase of aeronautics with the least possible restriction consistent with the safety and the rights of others. A violation of the act is a crime punishable by a fine of not more than $1,000 or by imprisonment of not more than 6 months, or both. Existing law establishes the Office of Emergency Services in the office of the Governor and makes the Office of Emergency Services responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would enact the State Remote Piloted Aircraft Act. The bill would establish conditions for operating remote piloted aircraft, including maintaining liability insurance or proof of financial responsibility. The bill would authorize the department to adopt rules and regulations governing the conditions under which remote piloted aircraft may be operated for the purpose of protecting and ensuring the general public interest and safety and the safety of persons operating remote piloted aircraft. The bill would prohibit the operation of remote piloted aircraft within 500 feet of critical infrastructure and in other specified areas, subject to exceptions, and would prohibit certain ways of operating remote piloted aircraft. The bill would authorize the department to make and amend general or special rules, orders, and procedures, and establish minimum standards consistent with the act as it deems necessary, to assist political subdivisions and their law enforcement agencies, and to enter into any contracts necessary to the execution of its powers pursuant to the act, as specified. The bill would provide that an officer or employee designated by the Director of Transportation to exercise certain powers of arrest, as specified, and any state or peace officer charged with the enforcement of state and local laws or ordinances may enforce and assist in the enforcement of the act, any rules or orders issued under the act, and all other state laws applicable to remote piloted aircraft or unmanned aircraft systems. The bill would provide that remedies provided by the act are cumulative with any other remedies available under law. The bill would provide that the provisions of the act are severable. The bill would make a violation of any provision of the act or any rule or order issued pursuant to the act punishable as an infraction with a fine not exceeding $250, or as a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. Because the bill would create new crimes, the 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.
Who sponsors SB 868?
SB 868 is sponsored by Jackson.
What is the current status of SB 868?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 868?
Track SB 868 free on One Click Politics — get push/email alerts when it moves.

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