BILL NUMBER: AB 838	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 17, 2011

   An act to amend Section  308   5381.5 
of the Public Utilities Code, relating to  the Public
Utilities Commission   charter-party carriers of
passengers  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 838, as amended, Hill.  Public Utilities Commission:
public safety.  Charter-party carriers of passengers:
reports.  
   The Passenger Charter-party Carriers' Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission. Existing law
requires the commission to ensure that every charter-party carrier of
passengers includes on a waybill or trip report certain information,
including the name of at least one passenger in the traveling party.
 
   This bill would state that a waybill or trip report may be kept in
electronic or hardcopy format and when requested by a public safety
official, the waybill or trip report may be provided in either
electronic or hardcopy format.  
   The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities, as defined.
The California Constitution grants the commission certain general
powers over all public utilities, subject to control by the
Legislature, and authorizes the Legislature, unlimited by the other
provisions of the Constitution, to confer additional authority and
jurisdiction upon the commission, that is cognate and germane to the
regulation of public utilities. Existing law requires the commission
to appoint an executive director to hold office at the pleasure of
the commission. Existing law requires the executive director to be
responsible for the commission's executive and administrative duties,
as specified.  
   This bill would require the commission to appoint an assistant
executive director for public safety to hold office at the pleasure
of the commission. The bill would require the assistant executive
director for public safety to coordinate all actions of all divisions
of the commission to ensure public safety is a primary goal in all
proceedings held by the commission. The bill would require the
assistant executive director for public safety to advise the
commission and each commissioner, when requested, in regard to all
matters that may affect public safety. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5381.5 of the   Public
Utilities Code   is amended to read: 
   5381.5.   (a)    The commission shall, by rule
or other appropriate procedure, ensure that every charter-party
carrier of passengers operates on a prearranged basis within the
state, consistent with Section 5360.5. The commission shall require
every charter-party carrier of passengers to include on a waybill or
trip report at least all of the following: 
   (a) 
    (1) The name of at least one passenger in the traveling
party, or identifying information of the traveling party's
affiliation, along with the point of origin and destination of the
passenger or traveling party. 
   (b) 
    (2)  Information as to whether the transportation was
arranged by telephone or written contract. 
   (b) A waybill or trip report may be kept in electronic or hardcopy
format. When requested by a public safety official, the waybill or
trip report may be provided in either electronic or hardcopy format.
 
  SECTION 1.    Section 308 of the Public Utilities
Code is amended to read:
   308.  (a) The commission shall appoint an executive director, who
shall hold office during its pleasure. The executive director shall
be responsible for the commission's executive and administrative
duties and shall organize, coordinate, supervise, and direct the
operations and affairs of the commission and expedite all matters
within the commission's jurisdiction.
   (b) (1) The executive director shall keep a full and true record
of all proceedings of the commission, issue all necessary process,
writs, warrants, and notices, and perform such other duties as the
president, or vote of the commission, prescribes. The president may
authorize the executive director to dismiss complaints or
applications when all parties are in agreement thereto, in accordance
with rules that the commission may prescribe.
   (2) The commission shall appoint an assistant executive director
for public safety, who shall hold office at the pleasure of the
commission. The assistant executive director for public safety shall
coordinate all actions of all divisions of the commission to ensure
public safety is a primary goal in all proceedings held by the
commission. The assistant executive director for public safety shall
advise the commission and each commissioner, when requested, in
regard to all matters that may affect public safety.
   (c) The commission may appoint assistant executive directors who
may serve warrants and other process in any county or city and county
of this state.