Amended in Senate April 11, 2016

Senate BillNo. 1399


Introduced by Senator Hueso

February 19, 2016


An act to amend Sectionbegin delete 5386.5 of the Public Utilities Code, relating to transportation.end deletebegin insert 4853 of the Vehicle Code, relating to vehicles.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1399, as amended, Hueso. begin deleteCharter-party carriers of passengers: advertisement as taxicabs. end deletebegin insertDepartment of Motor Vehicles: license plate alternatives pilot program. end insert

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Existing law requires the Department of Motor Vehicles to issue license plates for vehicles, as specified, and authorizes the department to issue one or more stickers, tabs, or other suitable devices in lieu of the license plates, as specified. Existing law also authorizes the department to establish a pilot program, to be completed no later than January 1, 2017, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards, subject to certain requirements, and to report the results of the pilot program, as specified, to the Legislature no later than July 1, 2018.

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This bill would instead require the department to complete any pilot program established pursuant to those provisions no later than January 1, 2018, and to report the results of the pilot program to the Legislature by July 1, 2019.

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The Passenger Charter-party Carriers Act requires a charter-party carrier of passengers, as defined, to obtain a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, and to operate within the state on a prearranged basis. The act prohibits a charter-party carrier of passengers from advertising or otherwise representing their services to the public, as a taxicab or taxi service, and defines “advertise” to include, among other things, any business card, stationery, or printed or published paid advertisement in any media form. A violation of the act is a crime.

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This bill would specifically include the use of any Internet Web site or any online-enabled application or platform within this prohibition.

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To the extent the bill would expand the taxi advertisement prohibition, the bill would impose a state-mandated local program by expanding the application of an existing crime.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4853 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

4853.  

(a) The department may issue one or more stickers, tabs,
4or other suitable devices in lieu of the license plates provided for
5under this code. Except where the physical differences between
6the stickers, tabs, or devices and license plates by their nature
7render the provisions of this code inapplicable, all provisions of
8this code relating to license plates may apply to stickers, tabs, or
9devices.

10(b) The department may establish a pilot program to evaluate
11the use of alternatives to the stickers, tabs, license plates, and
12registration cards authorized by this code, subject to all of the
13following requirements:

14(1) The alternative products shall be approved by the Department
15of the California Highway Patrol.

16(2) The pilot program shall be limited to no more than 0.5
17percent of registered vehicles for the purpose of road testing and
18evaluation.

19(3) The alternative products to be evaluated shall be provided
20at no cost to the state.

P3    1(4) Any pilot program established by the department pursuant
2to this subdivision shall be completed no later than January 1,
3
begin delete 2017.end deletebegin insert 2018.end insert

4(5) Any pilot program established by the department pursuant
5to this subdivision shall be limited to vehicle owners who have
6voluntarily chosen to participate in the pilot program.

7(c) In the conduct of any pilot program pursuant to this section,
8any data exchanged between the department and any electronic
9device or the provider of any electronic device shall be limited to
10that data necessary to display evidence of registration compliance.
11The department shall not receive or retain any information
12generated during the pilot program regarding the movement,
13location, or use of a vehicle participating in the pilot program.

14(d) If the department conducts a pilot program authorized in
15subdivision (b), the department shall, no later than July 1,begin delete 2018,end delete
16begin insert 2019,end insert submit a report of the results of the pilot program to the
17Legislature, in compliance with Section 9795 of the Government
18 Code, to include, but not be limited to, the following:

19(1) An evaluation of the cost effectiveness of the alternatives
20used in the pilot program when compared to the department’s
21current use of stickers, tabs, license plates, and registration cards.

22(2) A review of all products evaluated in the pilot program and
23of the features of those products. The report shall note if the devices
24evaluated in the pilot program are available with the ability to
25transmit and retain information relating to the movement, location,
26or use of a vehicle, and if a product contains that feature, the report
27shall also note if the product includes any security features to
28protect against unauthorized access to information.

29(3) Recommendations for subsequent actions, if any, that should
30be taken with regard to alternatives evaluated in the pilot program.

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31

SECTION 1.  

Section 5386.5 of the Public Utilities Code is
32amended to read:

33

5386.5.  

A charter-party carrier of passengers shall not advertise
34its services, or in any manner represent its services, as being a
35taxicab or taxi service. For purposes of this section, “advertise”
36includes the use of any business card, stationery, brochure, flyer,
37circular, newsletter, fax form, printed or published paid
38advertisement in any media form, telephone book listing, Internet
39Web site, or online-enabled application (App) or platform.

P4    1

SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.

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