Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1366

Introduced by Assembly Member Allen

February 22, 2013

An act to begin delete amend Section 5411 end delete begin insert add and repeal Section 5353.1 end insert of the Public Utilities Code, relating to charter-party carriers begin insert of passengers end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1366, as amended, Allen. Charter-party begin delete carriers. end delete begin insert carriers of passengers: report by Pu end insert begin insert blic Utilities Commission. end insert

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, and imposes various other requirements. Existing law begin delete imposes certain penalties for violation of the act end delete begin insert establishes various exclusions to the act. Pursuant to existing law, the commission has opened Rulemaking 12-12-011 to assess public safety risks and to ensure that the safety of the public is not compromised in the operation of transportation services utilizing new transportation business models end insert .

This bill would begin delete make a nonsubstantive change to these provisions end delete begin insert require the commission, by January 1, 2014, to report to the Legislature summarizing the results and conclusions of the commission in Rulemaking 12-12-011, including any recommendations to the Legislature of proposed statutory changes. The bill would repeal this requirement on January 1, 2018 end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 5353.1 is added to the end insert begin insert Public Utilities
Code end insert begin insert , to read: end insert

begin insert

begin insert 5353.1. end insert   

(a) Not later than January 1, 2014, the commission
shall report to the Legislature summarizing the results and
conclusions of the commission in Rulemaking 12-12-011, Order
Instituting Rulemaking on Regulations Relating to Passenger
Carriers, Ridesharing, and New Online-Enabled Transportation
Services, Filed December 20, 2012, including any
recommendations to the Legislature of proposed statutory changes.

(b) (1) The report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2018.

end insert

begin delete

SECTION 1.  

Section 5411 of the Public Utilities Code is
amended to read:

5411.  

Every charter-party carrier of passengers and every
officer, director, agent, or employee of any charter-party carrier
of passengers who violates or who fails to comply with, or who
procures, aids, or abets any violation by any charter-party carrier
of passengers of any provision of this chapter, or who fails to obey,
observe, or comply with any order, decision, rule, regulation,
direction, demand, or requirement of the commission, or of any
operating permit or certificate issued to any charter-party carrier
of passengers, or who procures, aids, or abets any charter-party
carrier of passengers in its failure to obey, observe, or comply with
the order, decision, rule, regulation, direction, demand,
requirement, or operating permit or certificate, is guilty of a
misdemeanor and is punishable by a fine of not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000) or by imprisonment in a county jail for not more than
three months, or by both that fine and imprisonment.

end delete