Supporters hailed the bill as a common-sense protection of property and privacy rights, and it was sent back to the Senate for final approval on a bipartisan, 56-13 vote.
“It makes no sense that a drone can look into your window, and the operator not be guilty of trespass,” said Assemblyman Mike Gatto, D-Glendale. “These are people who are up to no good, flying over your property.”
SB 142, by Sen. Hannah-Beth Jackson, D-Santa Barbara, would establish a property right for the air space above private property from ground level up to 350 feet. All air space above 400 feet is controlled by the Federal Aviation Administration.
Gatto said the 50-foot zone between private property and federally controlled airspace could potentially be used as a corridor for commercial drones performing such functions as delivering packages.
Jackson has described the bill as elegantly simple, extending common law principles of trespassing to new territory. “You cannot invade the private property of others without their consent,” she said. “This sets the basic parameter.”
The bill is opposed by technology groups, including TechNet, the Consumer Electronics Association and the Association for Unmanned Vehicle Systems International.
The industry’s objections were echoed by opponents on the Assembly floor on Monday.
“The UAV industry is rapidly growing and creating jobs,” said Assemblyman Mike Gipson, D-Caron. “The last thing we need to do is limit the ability to create jobs.”
“We don’t want to regulate this industry out of business before it even starts,” argued Assemblywoman Shannon Grove, R-Bakersfield.
The measure was supported by all three Assembly members who represent portions of Ventura County — Jacqui Irwin, D-Thousand Oaks; Scott Wilk, R-Santa Clarita; and Das Williams, D-Carpinteria.
Opposition and support came from both sides of the aisle.
Assemblyman Brian Dahle, R-Bieber, said the bill is simply about protecting private property rights. “This is about making sure someone is not looking in your back window,” he said.
The bill now goes back to the Senate for concurrence in Assembly amendments. It passed the Senate 24-9 in its original form in May.
©2015 Ventura County Star (Camarillo, Calif.) Distributed by Tribune Content Agency, LLC.
