BILL ANALYSIS
AB 1885
Page 1
ASSEMBLY THIRD READING
AB 1885 (Hill)
As Amended April 14, 2010
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, |
| |Portantino, Skinner | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, Nava, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Removes the exemption currently given to charter-party
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, on or from the airport property, without the
express written consent of the governing board of the airport
property, or its duly authorized representative. Any charter party
carrier licensed by the PUC at an airport operating under a
prearranged basis, as specified in the PUC, shall not constitute the
sale, peddling or offering of goods, merchandise property or
services.
EXISTING LAW :
1)Provides that every person who enters or remains on airport
property owned by a city, county, or city and county but located in
another county, and sells, peddles, or offers for sale any goods,
merchandise, property, or services of any kind whatsoever, to
members of the public, including transportation services, other
than charter limousines licensed by the PUC, on or from the airport
property, without the express written consent of the governing
board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor. This provision does
not limit the power of a county, city, or city and county to
regulate the sale, peddling or offering for sale of goods,
merchandise, property, or services.
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2)States that except in cases where a different punishment is
prescribed by any law of this state, every offense declared to be a
misdemeanor is punishable by imprisonment in the county jail not
exceeding six months, or by fine not exceeding $1,000, or by both.
3)Prohibits the governing body of any airport from imposing vehicle
safety, vehicle licensing, or insurance requirements on
charter-party carriers operating limousines that are more
burdensome than those imposed by the PUC. However, the governing
board of any airport may require a charter-party carrier operating
limousines to obtain an airport permit for operating authority at
the airport. A city, county, or city and county may impose
reasonable rules for the inspection of waybills of charter-party
carriers of passengers operating within the jurisdiction of the
city, county, or city and county, for purposes of verifying valid
prearranged travel.
4)Defines "limousine" as any sedan or sport utility vehicle, of
either standard or extended length, with a seating capacity of not
more than 10 passengers including the driver, used in the
transportation of passengers for hire on a prearranged basis within
California.
5)Provides that 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 who fails to obey, observe, or comply with any order,
decision, rule, regulation, direction, demand, or requirement of
the PUC, 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 any such order, decision, rule,
regulation, direction, demand, requirement, or operating permit or
certificate, is guilty of a misdemeanor and is punishable by fine
of not less than $1,000 and not more than $5,000 or by imprisonment
in the county jail for not more than three months, or both. Persons
arrested for operating a charter-party carrier of passengers
without a valid certificate or permit at a public airport or within
100 feet of a public airport may have their vehicle impounded and
possession retained.
6)Prescribes persons convicted of operating a charter-party carrier
of passengers without a valid certificate or permit, in addition
AB 1885
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to any other penalties provided by law, if the court determines the
operator has the ability to pay, the court shall impose a mandatory
fine not exceeding $10,000 for a first conviction, or $25,000 for a
subsequent conviction.
7)Provides that whenever the PUC, after hearing, finds that any
person or corporation is operating as a charter-party carrier of
passengers, including a charter-party carrier operating a
limousine, without a valid certificate or permit, or fails to
include in any public advertisement the number or permit or
required identifying symbol, the PUC may impose a fine of not more
than $7,500 for each violation. The PUC may assess the person or
the corporation in an amount sufficient to cover the reasonable
expense of investigation incurred by the PUC. The PUC may assess
interest on any fine or assessment imposed, to commence on the day
the payment of the fine or assessment becomes delinquent. All
fines, assessments, and interest collected shall be deposited a
least once a month in the General Fund.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
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 : According to the author of this bill, "I was recently
offered a ride by an unauthorized limo driver at San Francisco
International (SFO) Airport. I have experience with this and know
this type of illegal soliciting is happening and can be dangerous to
those passengers that get roped in by these rogue limo drivers.
"AB 1885, provides law enforcement the necessary tools to reduce the
prevalence of unauthorized limousine drivers that are illegally
soliciting business at San Francisco International Airport. Due to a
1973 exemption, SFO police officers do not have adequate enforcement
authority to monitor unauthorized limousine drivers. AB 1885 would
change the Penal Code to give them this much needed authority.
Unauthorized limousine drivers not only take away business from
legitimate drivers, they endanger passengers because they do not have
to undergo criminal background checks and their vehicles are not
inspected by the appropriate authorities."
Please see the policy committee for a full discussion of this bill.
AB 1885
Page 4
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744
FN: 0004012