BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2572
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2572 (Bradford) - As Amended:  May 5, 2010 

          Policy Committee:                               
          UtilitiesVote:15-0
                        Transportation                        12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill modifies several provisions related to regulation of  
          charter-party carriers of passengers.  Specifically, this bill:

          1)Expands the definition of a "charter-party carrier of  
            passengers" (charter-party carrier) to include any person or  
            entity engaged in providing either a hired driver service when  
            a rented motor vehicle is operated by a hired driver.

          2)Exempts charter-party carriers defined in (1) from certain,  
            non-applicable operating requirements because they do not own  
            the charter-party carrier vehicles.

          3)Increases the cost of new permits and Class B and C  
            certificates from $500 to $1,000 and decreases the cost of all  
            renewal permits and certificates from $500 to $100.

          4)Authorizes the Public Utilities Commission (PUC) to cancel,  
            revoke, or suspend any charter-party carrier operating permit  
            or certificate for failure of a permit or certificate holder  
            or its employees to follow any order, decision, rule,  
            regulation, direction, demand, ordinance, or other requirement  
            established by the governing body of an airport, including  
            solicitation practices.

          5)Deletes a provision limiting a police officer's authority to  
            impound a vehicle used by a charter-party carrier operating in  
            violation of the law only where that person is within 100 feet  
            of a public airport or within two miles of the international  
            border between the United States and Mexico.  








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          6)Requires the return of an impounded vehicle to the owner after  
            all impoundment fees are paid when the vehicle is seized due  
            to a violation of a person other than the owner of the  
            vehicle.

          7)States legislative intent that:

             a)   The PUC have access to real-time information drivers of  
               charter-party carriers from the DMV's Employer Pull Notice  
               Program.

             b)   The PUC create an online renewal process for  
               charter-party carriers.

             c)   The PUC implement procedures to have an approved drug  
               and alcohol testing provider submit to the commission  
               information on licensed charter-party carriers that have  
               contracted with providers for compliance with commission  
               rules.

           FISCAL EFFECT 

          Based on 2009 applications and renewals of charter party  
          licenses and certificates, the change in fees from this bill  
          would result in additional special fund revenue of about  
          $235,000. Any costs associated with implementing legislative  
          intent and enforcing the new requirements will be covered by the  
          additional revenue.

           COMMENTS  

           Purpose  .  Charter-party carriers are rented as an entire vehicle  
          and transport passengers on a prearranged basis.  Some examples  
          include limousines and chartered buses for tours or events.   
          Charter-party carriers are permitted and regulated by the PUC.   
          According to the author, this bill is intended to increase  
          public safety and consumer protections by providing the PUC with  
          greater authority to enforce charter-party carrier laws.  

          In addition, Avis, a well-known rental car company, would like  
          to implement a program in California where it hires drivers to  
          drive Avis cars as a limousine-for-hire service.  Avis has  
          successfully tested this business model on the East Coast and  
          would like to expand that service California.  The author would  








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          like to ensure the state's rigorous charter-party carrier laws  
          capture this new business arrangement.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081