BILL ANALYSIS
AB 1885
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1885 (Hill)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: |53-15|(April 29, |SENATE: |29-6 |(August 24, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Removes the exemption currently given to charter-party
carrier limousines licensed by the California 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.
The Senate amendments make non-substantive, technical changes.
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.
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
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$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 to any other penalties provided by law, if the
court determines the operator has the ability to pay, the
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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.
AS PASSED BY THE ASSEMBLY , this bill removed the exemption
currently given to charter-party carrier limousines licensed by
the 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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
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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.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN:
0006549