BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1885| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1885 Author: Hill (D) Amended: 6/29/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/22/10 AYES: Leno, Cedillo, Hancock, Steinberg, Wright NOES: Cogdill, Huff SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 53-15, 4/29/10 - See last page for vote SUBJECT : Airport limousines: regulation SOURCE : San Francisco International Airport DIGEST : This bill allows an airport, such as San Francisco International Airport, that is not located in the county where the owning entity is located, to enforce state laws requiring limousine operators to transport passengers only through prior arrangement and to obtain consent to operate at the airport. ANALYSIS : Existing law provides that every person who enters or remains on airport property owned by a city, county, or city and county but located in another county, and sells, peddles, or offers for sale any goods or services to the public, including transportation, other than charter limousines licensed by the Public Utilities CONTINUED AB 1885 Page 2 Commission (PUC), on or from the airport property, without express written consent of the airport governing board, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to six months, a fine of up to $1,000, or both. The local governing entity may regulate sale or offering for sale of any goods or services. (Pen. Code 602.4.) Existing law prohibits the governing body of any airport from imposing vehicle safety, vehicle licensing, or insurance requirements on charter-party carriers operating limousines that are more burdensome than those imposed by the PUC. However, the governing board of any airport may require a charter-party carrier operating limousines to obtain an airport permit for operating authority at the airport. A city, county, or city and county may impose reasonable rules for the inspection of waybills of charter-party carriers of passengers operating within the jurisdiction of the city, county, or city and county, for purposes of verifying valid prearranged travel. (Pub. Util. Code 5371.4, subds. (b) and (h).) Existing law defines "limousine" as any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within California. (Pub. Util. Code 5371.4, subd. (i).) Existing law provides, as specified, that every charter-party carrier and every officer, director, agent, or employee of any charter-party carrier who violates or who fails to comply with any order, decision or requirement of the PUC or of any operating permit or certificate issued to any charter-party carrier, or who procures, aids, or abets any charter-party carrier in its failure to obey, observe, or comply with any such order, decision, rule, requirement, or operating permit or certificate, is guilty of a misdemeanor and is punishable by a fine of not less than $1,000 and not more than $5,000 or by imprisonment in the county jail for not more than three months, or both. Persons arrested for operating a charter-party carrier without a valid certificate or permit at a public airport or within 100 feet of a public airport may have their CONTINUED AB 1885 Page 3 vehicle impounded. (Pub. Util. Code 5411 and 5411.5.) Existing law provides that the court shall, when sentencing a defendant for a conviction of operating a charter-party carrier without a valid certificate or permit, impose a mandatory fine not exceeding $10,000 for a first conviction, or $25,000 for a subsequent conviction. The fine shall be conditioned on the defendant's ability to pay and shall be imposed in addition to any other penalty. (Pub. Util. Code 5412.2, subd. (b).) Existing law provides that whenever the PUC, after hearing, finds that any person or corporation that is operating as a charter-party carrier, including a charter-party carrier operating a limousine, without a valid certificate or permit, or fails to include in any public advertisement the number or permit or required identifying symbol, the PUC may impose a fine of not more than $7,500 for each violation. The PUC may assess the person or the corporation in an amount sufficient to cover the reasonable expense of investigation incurred by the PUC. The PUC may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited a least once a month in the General Fund. (Pub. Util. Code 5413.5.) This bill removes the exception in the offense for charter limousines licensed by the Public Utilities Commission. The bill instead provides that if a charter-party carrier licensed by the Public Utilities Commission operates at an airport on a prearranged basis, as specified, that operation would not constitute the sale, peddling, or offering of goods, merchandise, property, or services, for purposes of those existing law provisions. Background The author has provided this additional background information: Due to a 1973 exemption, officers of the San Francisco Police Department (SFPD) do not have enforce laws prohibiting unauthorized limousine drivers from CONTINUED AB 1885 Page 4 illegally soliciting business on the grounds of San Francisco International Airport (SFO). SFO is owned and operated by the City and County of San Francisco. San Francisco Police officers patrol SFO. However, the airport is located in San Mateo County. Consequently, San Francisco Police officers at the airport cannot arrest the drivers or impound their vehicles based on San Francisco police powers because those powers do not extend to San Mateo County, the location of SFO. This bill would allow SFO and San Francisco Police to use Penal Code Section 602.4, which provides the police with legal authority to arrest any person who comes onto airport property and sells or offers to sell goods and services to members of the public in violation of the rules and regulations or the airport governing board. Unfortunately, however, while Section 602.4 applies generally to transportation services, charter limousines are specifically exempt from this provision. Therefore, SFPD cannot protect the public at SFO from pirate limousine owners and drivers by arresting such drivers and impounding their vehicles. Illegal soliciting by limousine drivers is a long-standing problem at SFO. I was recently offered a ride by an unauthorized limo driver at SFO. I have experience with this and know this type of illegal soliciting is happening and can be dangerous to those passengers that get roped in by these rogue limo drivers. Because the restriction in Section 602.4 only applies to SFO and Ontario Airport, other airports do not have a comparable problem with illegal limousine operators. AB 1885 provides law enforcement the necessary tools to reduce the prevalence of limousine drivers that illegally solicit business at SFO. Unauthorized limousine drivers not only take away business from legitimate drivers, they endanger passengers because they do not have to undergo criminal background checks and their vehicles are not inspected by the appropriate authorities. CONTINUED AB 1885 Page 5 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/3/10) San Francisco International Airport (source) ARGUMENTS IN SUPPORT : According to the author's office: I was recently offered a ride by an unauthorized limo driver at San Francisco International (SFO) Airport. I have experience with this and know this type of illegal soliciting is happening and can be dangerous to those passengers that get roped in by these rogue limo drivers. AB 1885 provides law enforcement the necessary tools to reduce the prevalence of unauthorized limousine drivers that are illegally soliciting business at San Francisco International Airport. Due to a 1973 exemption, SFO police officers do not have adequate enforcement authority to monitor unauthorized limousine drivers. AB 1885 would change the Penal Code to give them this much needed authority. Unauthorized limousine drivers not only take away business from legitimate drivers, they endanger passengers because they do not have to undergo criminal background checks and their vehicles are not inspected by the appropriate authorities. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Beall, Tom Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Carter, Chesbro, Cook, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Hagman, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Lieu, Ma, Mendoza, Miller, Monning, Nava, Nestande, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Swanson, Torlakson, Torres, Tran, Yamada, John A. Perez NOES: Anderson, Blakeslee, Conway, DeVore, Fuller, Gaines, CONTINUED AB 1885 Page 6 Gilmore, Harkey, Knight, Logue, Niello, Nielsen, Norby, Silva, Audra Strickland NO VOTE RECORDED: Bass, Bill Berryhill, Caballero, Charles Calderon, Emmerson, Garrick, Jeffries, Jones, Bonnie Lowenthal, Torrico, Villines, Vacancy RJG:nl 8/4/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED