Legislative Update: California Drone Legislation
This year, California legislators have introduced a number of bills related to drone use. The following is a brief update on legislative action taken on these proposals.
SB 142, introduced by Senator Jackson, would prohibit the use of drones over private property without permission. The proposal passed out of the Senate Committee on Judiciary with amendments to clarify that the bill applies to flying drones over real property. The bill moved to the Senate Floor for a third reading which precedes a floor vote.
SB 262, introduced by Senators Galgiani and Anderson, would condition law enforcement use of drones on compliance with State and Federal Constitutional protections against unreasonable searches and seizures and with California law related to the use of surveillance technology. The bill passed out of the Senate Committee on Public Safety and was re-referred to the Committee on Judiciary.
SB 271, introduced by Senator Gaines, would prohibit the use of drones over school grounds. The bill passed out of the Senate Committee on Public Safety and was re-referred to the Committee on Appropriations. Before passage, the bill was amended to provide an exception for drones used after school hours and with the permission of the school principal or other relevant authority. Additionally, the amended proposal provides that it is an infraction to use a drone to take photographs or other images of public school grounds during school hours and without the permission of the school principal. The bill was also amended to reduce the punishment for an infraction.
AB 14, introduced by Assembly Members Waldron, Brown, and Maienschein, and Senator Nielsen, would create a task force to advise the Governor in the creation of a comprehensive state policy related to drone use. The bill failed to pass out of the Assembly Committee on Transportation but the Committee granted reconsideration of the action. A number of amendments were made to the bill including the addition of provisions highlighting California’s unique position and need for drone use related to aviation, aerospace, high technology, agriculture, and public safety. The protection of privacy was also stricken from the specific objectives of a comprehensive state policy.
AB 56, introduced by Assembly Members Quirk and Campos, would limit the use of drones by law enforcement and public agencies. The proposal passed out of the Assembly Committee on Public Safety and was re-referred to the Committee on Privacy and Consumer Protection. This bill is very similar to AB 1327 which was passed by the Legislature and vetoed by the Governor in the last legislative session. AB 56 was amended to require that notice or guidelines must be made available to the public prior to the use of drones by law enforcement agencies. The amended bill also provides that police are permitted to use drones over public lands, highways, and open spaces without first obtaining a warrant.