Aisha Wahab

Existing law generally regulates classes of insurance, including residential property insurance. Existing law requires an insurer to send various notices to a policyholder at specified intervals. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person.

This bill would require a residential property insurer to notify a policyholder at least 30 days in advance of the day that a remotely operated unmanned aircraft will be used to take aerial images of the insured property, as specified, unless a claim has been submitted or is pending on the property and the images will be used only for evaluating the claim. The bill would require the insurer to provide the aerial images upon request, and would require the notice to include instructions regarding how a policyholder may make that request. The bill would, if a residential property insurer gathered sufficient evidence for the termination of a residential property insurance contract during an inspection of a policyholder's property that was conducted by the use of a remotely operated unmanned aircraft, require the company to provide written notice to the policyholder of specified information, including the reason for the potential termination of the contract and what the policyholder is required to do to comply with the provisions of the contract, and to provide copies of the evidence gathered during the inspection. The bill would require the insurer to give the policyholder 120 days to remedy the issue, and would prohibit the insurer from canceling the contract if the policyholder provides documentation that indicates that the work was completed to comply with the contract, as specified. The bill would require an insurer to destroy any evidence that is in their possession that was collected from or generated by a remotely operated unmanned aircraft no later than 90 days after the data has been collected or generated, subject to specified exceptions.

Existing law makes it a misdemeanor to enter or remain upon any property that is posted against trespassing and loitering, as specified, without the written permission of the owner, tenant, or occupant in legal possession or control of the property. Existing law makes it a misdemeanor to operate an unmanned aerial vehicle at the scene of an emergency for the purpose of viewing the scene or the activities of emergency responders, as specified.

This bill would make it an infraction to intentionally or knowingly operate an unmanned aircraft over or to come within either a specified distance or a distance that would interfere with the operations of a critical infrastructure facility, as defined, with specified exceptions, including that the operator is a governmental entity acting in their capacity as a regulator or the operator has the written consent of the owner or operator of the facility. The bill would make it an infraction to intentionally or knowingly operate an unmanned aircraft over or to come within either a specified distance or a distance that would interfere with the operations of specified property in the City of Sacramento in which the State Capitol is located, with specified exceptions, including if a person is acting with the express authorization of the Joint Rules Committee of the Legislature, and would require the Joint Rules Committee to establish related policies in consultation with the Department of the California Highway Patrol. By creating new crimes, this bill would impose a state-mandated local program.

Existing law makes it a misdemeanor for a person to enter into a school building or upon school grounds, or on public property adjacent to the school, and interfere with or disrupt the activities of the school by remaining on or reentering the property after being asked to leave, or creating a disruption with the intent to threaten the safety of a pupil, as specified.

This bill would additionally make it a misdemeanor to use an unmanned aircraft on or above a school building or upon school grounds with the intent to surveil, closely monitor, record, or threaten the safety of any person, as specified. By creating a new crime, this bill would impose a state-mandated local program.

Existing law makes it an infraction, punishable by a fine of $500, for a person to operate an unmanned aircraft on or above the grounds of a penal institution, as specified.

This bill would increase that penalty to $1,000.

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.