BILL ANALYSIS
AB 1885
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1885 (Hill) - As Amended: April 14, 2010
Policy Committee: Public
SafetyVote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable:
SUMMARY
This bill removes the exemption currently granted to charter
carrier limousines licensed by the Public Utilities Commission
(PUC) to enter or remain on airport property owned by a city,
county, or city and county but located in another county to
offer transportation services, without the consent of the
airport governing board. Violation is a misdemeanor. (The bill
does not apply to a pre-arranged PUC-licensed carrier
pickup/drop.)
This bill appears to apply only to San Francisco International
in San Mateo County (SFO) and LA/Ontario International in San
Bernardino County (ONT)),
FISCAL EFFECT
Unknown, likely minor non-state reimbursable local law
enforcement/incarceration costs, offset to a degree by increased
fine revenue to the extent removing this exemption facilitates
additional misdemeanor charges and convictions for offering
transportation services at SFO or ONT.
COMMENTS
1)Rationale . The author and sponsor, SFO, contend current law is
insufficient to correct the illegal transportation
solicitation problem at SFO because while SFO police may
arrest someone under the Public Utilities Code for engaging in
a violation of PUC regulations, a defense attorney may argue
that Penal Code 602.4 explicitly states that the same conduct
(solicitation) at SFO is not criminal conduct because the
AB 1885
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Penal Code allows it as long as the operator is licensed by
the PUC.
As a result the San Mateo D.A. is not inclined to prosecute
when the Penal Code exempts licensed PUC operators from
misdemeanor solicitation of transportation services. According
to the author and SFO, the San Mateo D.A. considers the Public
Utilities Code to be a general provision relating to PUC
regulations, and considers Penal Code 602.4 the controlling
section as it is more specific.
2)Current law specifies that every person who enters or remains
on airport property owned by a city, county, or city and
county but located in another county, who offers for sale any
goods or services of any kind, other than charter limousines
licensed by the PUC, on or from airport property, without
written consent of the governing board of the airport
property, or its duly authorized representative, is guilty of
a misdemeanor (Penal Code 602.4).
Current law also provides that every charter carrier or
employee of any charter carrier who fails to comply with any
PUC regulation or requirement, as specified, is guilty of a
misdemeanor. Persons arrested for operating a charter carrier
without a valid certificate or permit at a public airport may
have their vehicle impounded and retained. (Public Utilities
Code 5411, 5411.5, 5412.2)
3)Support . According to SFO, the sponsor of this bill, "This
bill is necessary because SFO has a long-standing and onerous
problem with 'pirate' limousine drivers who solicit customers
at SFO in violation of SFO's rules and regulations. AB 1885
will benefit public safety at SFO by enabling the San
Francisco Police Department (SFPD) to exercise its police
powers at SFO in order to protect customers who are illegally
solicited by pirate limousine operators and who are
unwittingly exposed to risks associated with pirate
limousines."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081