AB 650: Taxicab transportation services.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-02
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified.
This bill would make those provisions inapplicable to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of a state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. The bill would require taxicab transportation services and taxicab drivers to be subject to rules or regulations adopted by cities and counties as they existed on July 1, 2016, except for requirements specified in the bill that would apply to cities and counties, including charter cities and counties, other than the City and County of San Francisco. By imposing new duties on local governments, this bill would impose a state-mandated local program. The bill would declare that its provisions are a matter of statewide concern and not a municipal affair. The bill would declare the intent of the Legislature that, among other things, regulation of taxicab transportation services shall be modernized and moved to one state agency.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified.
This bill would make those provisions inapplicable to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of a state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. The bill would require taxicab transportation services and taxicab drivers to be subject to rules or regulations adopted by cities and counties as they existed on July 1, 2016, except for requirements specified in the bill that would apply to cities and counties, including charter cities and counties, other than the City and County of San Francisco. By imposing new duties on local governments, this bill would impose a state-mandated local program. The bill would declare that its provisions are a matter of statewide concern and not a municipal affair. The bill would declare the intent of the Legislature that, among other things, regulation of taxicab transportation services shall be modernized and moved to one state agency.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide, effective January 1, 2018, for the statewide regulation of taxicab transportation services by the commission, except taxicab transportation services originating in the City and County of San Francisco, which would continue to be locally regulated but would be subject to a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission elsewhere in the state to taxicab carriers authorizing carriers to operate. The bill would specify the requirements that taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters relating to taxicab carriers in commission jurisdiction. The bill would require the commission to require the disclosure of fares, fees and rates, as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The bill would specify certain fees to be imposed by the commission on taxicab carriers.
The bill would repeal provisions providing for city and county regulation of taxicab services on January 1, 2018, but would authorize cities and counties, at their option, to elect to issue curbside operation permits to taxicab carriers under commission jurisdiction as of that date, granting exclusive authority to provide certain types of taxicab transportation services within their respective jurisdictions, including responding to street hails, sitting at taxi stands, and picking up at airports. The bill would authorize cities and counties issuing curbside operation permits to limit the number of taxicabs that may operate under that authority, would limit the local regulatory fees that those cities and counties may charge to $50 per taxicab, and would prohibit the imposition of taxicab carrier and taxicab driver fees, requirements, and standards beyond those required by the commission. The bill would also authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2017, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide, effective July, 1, 2017, January 1, 2018, for the statewide regulation of taxicab transportation services by the commission, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport Francisco, which would continue to be locally regulated but would be subject to a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission elsewhere in the state to taxicab carriers authorizing carriers to operate. The bill would specify the requirements that taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters relating to taxicab carriers in commission jurisdiction. The bill would require the commission to require the disclosure of fares, fees and rates, as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The bill would specify certain fees to be imposed by the commission on taxicab carriers.
The bill would repeal provisions providing for city and county regulation of taxicab services on January 1, 2018, but would authorize cities and counties, at their option, to elect to issue curbside operation permits to taxicab carriers under commission jurisdiction as of July 1, 2017, that date, granting exclusive authority to provide certain types of taxicab transportation services within their respective jurisdictions, including responding to street hails, sitting at taxi stands, and picking up at airports. The bill would authorize cities and counties issuing curbside operation permits to limit the number of taxicabs that may operate under that authority, would limit the local regulatory fees that those cities and counties may charge to $50 per taxicab, and would prohibit the imposition of taxicab carrier and taxicab driver fees, requirements, and standards beyond those required by the commission. The bill would also authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of June 30, 2017, December 31, 2017, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
The bill would also authorize the Public Utilities Commission to collect trip data for the purposes of transportation and environmental planning from any entity regulated by the commission that provides any form of for-hire passenger transportation, as specified.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide provide, effective July, 1, 2017, for the statewide regulation of taxicab transportation services by the commission, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, Airport which would continue to be locally regulated, regulated but would be subject to a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission elsewhere in the state to taxicab carriers authorizing carriers to operate. The bill would specify the requirements that taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters relating to taxicab carriers in commission jurisdiction. The bill would require the commission to require the disclosure of fares, fees and rates, as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The The bill would specify certain fees to be imposed by the commission on taxicab carriers.
The bill would repeal provisions providing for city and county regulation of taxicab services, services but would authorize cities and counties, at their option, to elect to issue curbside operation permits to taxicab carriers under commission jurisdiction as of July 1, 2017, granting exclusive authority to provide certain types of taxicab transportation services within their respective jurisdictions, including responding to street hails, sitting at taxi stands, and picking up at airports. The bill would authorize cities and counties issuing curbside operation permits to limit the number of taxicabs that may operate under that authority, would limit the local regulatory fees that those cities and counties may charge to $50 per taxicab, and would prohibit the imposition of taxicab carrier standards beyond those required by the commission. The bill would also authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, June 30, 2017, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
The bill would also authorize the Public Utilities Commission to collect trip data for the purposes of transportation and environmental planning from any entity regulated by the commission that provides any form of for-hire passenger transportation, as specified.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide for the statewide regulation of taxicab transportation services by the commission, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, which would continue to be locally regulated, but would be subject to a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission elsewhere in the state to taxicab carriers authorizing carriers to operate. The bill would specify the requirements that taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters relating to taxicab carriers in commission jurisdiction. The bill would authorize require the commission to require the disclosure of fares and fees, fares, fees and rates, as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The bill would repeal provisions providing for city and county regulation of taxicab services, but would authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide for the statewide regulation of taxicab transportation services by the commission as a matter of statewide concern, commission, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, which would continue to be locally regulated, but would be subject to certain requirements, including insurance and monitoring of a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission in all other areas of elsewhere in the state to taxicab carriers authorizing carriers to operate in one or more of 6 designated regions in the state. operate. The bill would require drivers of taxicabs in those areas to obtain a taxicab driver permit from the commission, and would specify the requirements that an applicant taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters. matters relating to taxicab carriers in commission jurisdiction. The bill would exempt fares or fees charged by taxicab carriers from commission regulation, but would authorize the commission to require the disclosure of fares and fees, as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The bill would repeal provisions providing for city and county regulation of taxicab services, but would authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide for the regulation of taxicab transportation services by the commission as a matter of statewide concern. concern, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, which would continue to be locally regulated, but would be subject to certain requirements, including insurance and monitoring of taxicab drivers. The bill would provide for issuance of permits by the commission in all other areas of the state to taxicab carriers authorizing carriers to operate in one or more of 7 6 designated regions in the state. The bill would require drivers of taxicabs in those areas to obtain a taxi taxicab driver permit from the commission, and would specify the requirements that an applicant must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters. The bill would exempt fares or fees charged by taxicab carriers from commission regulation, but would authorize the commission to require the disclosure of fares and fees, as specified. The bill would prohibit entities from providing taxicab transportation services without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would repeal provisions providing for city and county regulation of taxicab services, but would authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.
This bill would enact the Taxicab Transportation Services Act and provide for the regulation of taxicab transportation services by the commission as a matter of statewide concern. The bill would provide for issuance of permits by the commission to taxicab carriers authorizing carriers to operate in one or more of 7 designated regions in the state. The bill would require drivers of taxicabs to obtain a taxi driver permit from the commission, and would specify the requirements that an applicant must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters. The bill would exempt fares or fees charged by taxicab carriers from commission regulation, but would authorize the commission to require the disclosure of fares and fees, as specified. The bill would prohibit entities from providing taxicab transportation services without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would repeal provisions providing for city and county regulation of taxicab services, but would authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The Horse Racing Law requires, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern zone, that an amount not to exceed 1.25% of the total amount handled by all of those satellite wagering facilities be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners premiums and instead distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen, to administer a fund to provide reimbursement for offsite stabling at California Horse Racing Board-approved auxiliary training facilities for additional stalls beyond the number of usable stalls the association or fair is required to make available and maintain, and for the vanning of starters from these additional stalls on racing days for thoroughbred horses.
This bill would increase the amount that is required to be deducted to an amount not to exceed 2% and would provide that this amount, if adjusted by the board, may be a different percentage of the handle for different associations and fairs but only if all the associations and fairs agree to the differing percentages. The bill would establish an auxiliary offsite stabling and training facility and vanning program for thoroughbred races in the northern zone. The bill would revise and recast the provisions governing the organization formed and operated to administer the fund to include, among other things, a 50-50 percentage allocation of specified voting interests on the board of the organization, the use of funds to pay the organizations expenses and compensate the provider of a board-approved auxiliary facility for offsite stabling and training of thoroughbred horses in the northern zone, and the requirement that the organization submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year.
The bill would also require that the funds be used to cover all or part of the cost of vanning thoroughbred horses in the northern zone from a board-approved auxiliary offsite stabling and training facility and would authorize the organization to enter into multiyear contracts for auxiliary facilities in the northern zone subject to specified conditions. The bill would authorize the organization to use the funds to pay back commissions, purses, and owners premiums to the extent that the deductions made exceed in any year the amount of the funds necessary to achieve the objectives of the organization. The bill would also authorize a thoroughbred racing association or fair in the northern zone to opt out of the auxiliary offsite stabling and training facility and vanning program, as specified. The bill would provide that the board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling, training, or vanning, as specified.
(2)By expanding the provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program.
(3)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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
(1)The Horse Racing Law requires, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern zone, that an amount not to exceed 1.25% of the total amount handled by all of those satellite wagering facilities be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners premiums and instead distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen, to administer a fund to provide reimbursement for offsite stabling at California Horse Racing Board-approved auxiliary training facilities for additional stalls beyond the number of usable stalls the association or fair is required to make available and maintain, and for the vanning of starters from these additional stalls on racing days for thoroughbred horses.
This bill would increase the amount that is required to be deducted to an amount not to exceed 2% and would provide that this amount, if adjusted by the board, may be a different percentage of the handle for different associations and fairs but only if all the associations and fairs agree to the differing percentages. The bill would establish an auxiliary offsite stabling and training facility and vanning program for thoroughbred races in the northern zone. The bill would revise and recast the provisions governing the organization formed and operated to administer the fund to include, among other things, a 50-50 percentage allocation of specified voting interests on the board of the organization, the use of funds to pay the organizations expenses and compensate the provider of a board-approved auxiliary facility for offsite stabling and training of thoroughbred horses in the northern zone, and the requirement that the organization submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year.
The bill would also require that the funds be used to cover all or part of the cost of vanning thoroughbred horses in the northern zone from a board-approved auxiliary offsite stabling and training facility and would authorize the organization to enter into multiyear contracts for auxiliary facilities in the northern zone subject to specified conditions. The bill would authorize the organization to use the funds to pay back commissions, purses, and owners premiums to the extent that the deductions made exceed in any year the amount of the funds necessary to achieve the objectives of the organization. The bill would also authorize a thoroughbred racing association or fair in the northern zone to opt out of the auxiliary offsite stabling and training facility and vanning program, as specified. The bill would provide that the board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling, training, or vanning, as specified.
(2)By expanding the provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program.
(3)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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races, including races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap, or the Haskell Invitational.
This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes.
The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races, including races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap, or the Haskell Invitational.
This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes.
(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
(b)Each city or county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a drivers permit.
(B)The drivers permit shall become void upon termination of employment.
(C)The drivers permit shall state the name of the employer.
(D)The employer shall notify the city or county upon termination of employment.
(E)The driver shall return the permit to the city or county upon termination of employment.
(2)The establishment or registration of rates for the provision of taxicab transportation service.
(3)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California drivers license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.
(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.
(e)For purposes of this section, employment includes self-employment as an independent driver.
(f)This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization.
SEC. 2.Section 53075.71 is added to the Government Code, to read:53075.71.(a)Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows:
(1)Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created.
(2)Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually.
(3)A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab.
(4)A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails.
(5)A city or county may set a maximum fare structure for taxicab transportation services, subject to the following:
(A)The maximum fares shall not be lower than the fares that existed on July 1, 2016.
(B)A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure.
(6)A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
(7)Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a citys or countys jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect.
(b)Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco.
SEC. 3.Section 53075.72 is added to the Government Code, to read:53075.72.It is the intent of the Legislature that:
(a)Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation.
(b)Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governors reorganization of transportation.
(c)Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation.
(d)The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation.
(e)Conforming changes shall be made to this code and other codes.
(f)A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation.
SEC. 4.The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties.
SEC. 5.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique medallion system of the City and County of San Francisco.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
(b)Each city or county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a drivers permit.
(B)The drivers permit shall become void upon termination of employment.
(C)The drivers permit shall state the name of the employer.
(D)The employer shall notify the city or county upon termination of employment.
(E)The driver shall return the permit to the city or county upon termination of employment.
(2)The establishment or registration of rates for the provision of taxicab transportation service.
(3)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California drivers license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.
(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.
(e)For purposes of this section, employment includes self-employment as an independent driver.
(f)This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization.
SEC. 2.Section 53075.71 is added to the Government Code, to read:53075.71.(a)Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows:
(1)Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created.
(2)Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually.
(3)A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab.
(4)A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails.
(5)A city or county may set a maximum fare structure for taxicab transportation services, subject to the following:
(A)The maximum fares shall not be lower than the fares that existed on July 1, 2016.
(B)A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure.
(6)A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
(7)Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a citys or countys jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect.
(b)Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco.
SEC. 3.Section 53075.72 is added to the Government Code, to read:53075.72.It is the intent of the Legislature that:
(a)Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation.
(b)Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governors reorganization of transportation.
(c)Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation.
(d)The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation.
(e)Conforming changes shall be made to this code and other codes.
(f)A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation.
SEC. 4.The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties.
SEC. 5.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique medallion system of the City and County of San Francisco.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
All matter omitted in this version of the bill appears in the bill as introduced|amended in the Senate, August 19, 2016. (JR11)It is the intent of the Legislature that all of the following shall apply:
(a)When the state reorganizes the regulation of for-hire passenger transportation services, taxi transportation services should be included within that reorganization.
(b)The state agency that is selected to regulate other models of for-hire passenger transportation services should also regulate taxicab transportation services.
(c)The jurisdiction of the state agency referenced in subdivision (b) should extend to all aspects of regulation of taxicab transportation services, including permitting of taxicab carriers, regulation of taxicab drivers, vehicle inspections, insurance, trade dress, naming rights, and enforcement.
SECTION 1.SEC. 2.Section 85 of the Code of Civil Procedure is amended to read:85.An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 53075.6 of the Government Code.
(16)Section 53075.61 of the Government Code.
(17)Section 5411.5 of the Public Utilities Code.
(18)Section 9872.1 of the Vehicle Code.
(19)Section 10751 of the Vehicle Code.
(20)Section 14607.6 of the Vehicle Code.
(21)Section 40230 of the Vehicle Code.
(22)Section 40256 of the Vehicle Code.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 2.SEC. 3.Section 85 is added to the Code of Civil Procedure, to read:85.An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
(d)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 3.SEC. 4.Section 53075.5 of the Government Code is amended to read:53075.5.(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
(b)Each city or county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a drivers permit.
(B)The drivers permit shall become void upon termination of employment.
(C)The drivers permit shall state the name of the employer.
(D)The employer shall notify the city or county upon termination of employment.
(E)The driver shall return the permit to the city or county upon termination of employment.
(2)The establishment or registration of rates for the provision of taxicab transportation service.
(3)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California drivers license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.
(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.
(e)For purposes of this section, employment includes self-employment as an independent driver.
(f)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(f)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 4.SEC. 5.Section 53075.5 is added to the Government Code, to read:53075.5.(a)The Public Utilities Commission, pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, shall issue permits to entities to operate taxicab transportation services as taxicab carriers. The statewide taxicab carrier permit issued by the commission pursuant to Section 5452.2 of the Public Utilities Code authorizes a taxicab carrier to operate anywhere in the state, except as otherwise provided by Section 5451.3 of the Public Utilities Code with respect to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport. Francisco. The statewide permit authorizes the taxicab carrier to carry any dispatched fare, whether the order comes in through telephone dispatch, an Internet Web site, an online-enabled mobile application, or other online-enabled means.
(b)(1) Notwithstanding subdivision (a) or Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, a city or county, other than the City and County of San Francisco, that regulates taxicab transportation services within its jurisdiction as of June 30, 2017, December 31, 2017, may grant exclusive authority to a taxicab carrier under commission jurisdiction on and after July 1, 2017, January 1, 2018, to provide certain types of taxicab transportation services, as specified in paragraph (2), within the jurisdiction of the city or county through the issuance of a curbside operation permit. The city or county may impose a cap on the total number of taxicabs that may be operated by taxicab carriers pursuant to curbside operation permits. However, a city or county shall not in any way limit or prohibit a taxicab carrier with a statewide taxicab carrier permit, that has not been issued a curbside operation permit, from carrying any dispatched fare, whether the order comes in through telephone dispatch, an Internet Web site, an online-enabled mobile application, or other online-enabled means.
(2)A taxicab carrier that is issued a curbside operation permit by a city or county pursuant to paragraph (1) may do all of the following within the jurisdiction of the city or county:
(A)Respond to street hails.
(B)Sit at taxicab stands.
(C)Pick up passengers at airports.
(c)A taxicab carrier with a statewide taxicab carrier permit, that has not been issued a curbside operation permit by a local agency pursuant to paragraph (1) of subdivision (b), is prohibited from providing the types of taxicab transportation services described in paragraph (2) of subdivision (b) within the jurisdiction of a city or county that issues curbside operation permits, but may provide those specified taxicab transportation services at all other locations covered by the statewide permit.
(d) A city or county that issues curbside operation permits pursuant to subdivision (b) shall provide a window sticker for each taxicab covered by the permit, which shall be affixed to each covered taxicab. The city or county may charge a fee to cover its regulatory costs related to issuance of the permit, not to exceed fifty dollars ($50) annually per taxicab covered by the permit.
(e)A Except as otherwise specifically authorized pursuant to this section, a city or county that issues curbside operation permits pursuant to subdivision (b) may not impose fees, requirements, or standards on taxicab carriers or taxicab drivers beyond the standards those required under Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code.
(f)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 5.SEC. 6.Section 53075.6 of the Government Code is amended to read:53075.6.Whenever a peace officer or public officer or employee, when authorized by ordinance and as defined in Section 836.5 of the Penal Code, arrests any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, and the offense occurred at a public airport, within 100 feet of a public airport, or within two miles of the international border between the United States and Mexico, the officer or employee may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 6.SEC. 7.Section 53075.61 of the Government Code is amended to read:53075.61.A transportation inspector, authorized by a local government to cite any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 7.SEC. 8.Section 53075.7 of the Government Code is amended to read:53075.7.(a)Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the local agency shall investigate any business that advertises or operates taxicab transportation service for hire. The local agency shall, by ordinance, resolution, or other appropriate procedure, adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the local agency shall do all of the following:
(1)Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by ordinance, but do not have that valid authority to operate.
(2)Inform any business not having valid authority to operate that it is in violation of law.
(3)Within 60 days of informing the business pursuant to paragraph (2), institute civil or criminal proceedings, or both, pursuant to the governing municipal code or other authority of jurisdiction.
(b)For purposes of this section:
(1)Advertises means any action described in subdivision (b) of Section 53075.9.
(2)Local agency means the local entity responsible for the regulation, including, but not limited to, the certification, licensing, or permitting of, and enforcement of rules, regulations, or ordinances governing, taxicabs within the local jurisdiction.
(c)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 8.SEC. 9.Section 53075.8 of the Government Code is amended to read:53075.8.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a taxicab transportation service to obtain business and conduct intrastate passenger transportation services. Unlawful advertisements by taxicabs operating without a valid taxicab certificate, license, or permit required by any ordinance has resulted in properly certificated, licensed, and permitted taxicab operators competing with these taxicabs operating without a proper taxicab certificate, license, or permit using unfair business practices. Taxicabs operating without a proper taxicab certificate, license, or permit have also exposed passengers to unscrupulous persons who portray themselves as lawful operators. Many of these taxicabs operating without a proper taxicab certificate, license, or permit have been found to have also been operating without insurance, or in an unsafe manner, thereby placing their passengers at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by taxicabs operating without proper authority is essential to ensure the public safety and welfare. Therefore, local agencies should take enforcement action, as specified in this section, to disconnect telephone service of unauthorized taxicab operators who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by a unauthorized taxicab operator shall provide the local agency, or an authorized officer or employee of the local agency, upon demand, and the order of a magistrate, access to this information. A magistrate may only issue an order for the purposes of this subdivision, if the magistrate has made the findings required by paragraph (2) of subdivision (f).
(c)(1)In addition to any other remedies that may be available by law, if a local agency determines that a taxicab transportation service has operated within the local agencys jurisdiction in violation of the local agencys ordinance adopted under Section 53075.5, the local agency may notify the taxicab operator that the local agency intends to seek termination of the operators telephone service. The notice shall be sent by certified mail to the operator at the operators last known mailing address. If the local agency is unable to determine the operators mailing address, the local agency shall post the notice for at least 10 calendar days.
(2)The notice shall contain sufficient information to identify the taxicab transportation service, to inform the taxicab operator of the alleged violations of the local agencys ordinance, and the procedures for protesting the allegations contained in the notice.
(d)The taxicab operator, within 10 calendar days of the date of the notice, may contest the allegations contained in the notice by filing a written protest with the local agency. The local agency shall schedule a hearing on the protest within 21 calendar days of receiving the protest.
(e)The governing body of the local agency, or any person or persons as may be designated by the governing body, shall hear the protest. The local agency shall have both the burden of providing that the use made, or to be made, of the telephone service is to hold out to the public to perform, or to assist in performing, services as a taxicab transportation service, and that the telephone service is being, or is to be, used as an instrumentality, directly or indirectly, to violate, or assist in violating, the local agencys applicable ordinance. The taxicab operator, or his or her designated representative, shall be allowed to present evidence to answer or refute any allegations presented to the hearing body by the local agency. The hearing body may continue the hearing from time to time. Within 10 calendar days of the close of the hearing, the hearing body shall issue a written decision to uphold or reject, in whole or in part, the allegations contained in the notice. If the hearing body upholds the allegations in whole or in part, the written decision shall state either that the allegations are sufficient to justify seeking termination of the taxicab operators telephone service, or that the allegations are not sufficient.
(f)(1)If the local agency does not receive a timely protest, or, after a protest hearing held pursuant to subdivision (d), the hearing body has determined that the allegations are sufficient to justify seeking termination of the telephone operators telephone service, the local agency may seek termination of the taxicab operators telephone service as provided in this section.
(2)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber only after it is shown that other available enforcement remedies of the local agency have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from any authorized officer or employee of the local agency of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising or holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab operator to have valid operating authority. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the subject telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance.
(g)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with paragraph (2) of subdivision (f), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of a local agency and the writing of a magistrate, and shall include a copy of this section, a copy of the writing of the magistrate, and a statement that the customer of the subscriber may request information from the local agency concerning any provision of this section and the manner in which a complaint may be filed.
(h)The provisions of this section are an implied term of every contract for telephone service and a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service, have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(i)As used in this section, the terms person, customer, and subscriber include the subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(j)As used in this section, the following terms have the following meanings:
(1)Authorized officer or employee of the local agency includes any employee of the local agency designated by the local agencys governing body.
(2)Local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
(3)Telegraph corporation has the same meaning as specified in Section 236 of the Public Utilities Code.
(4)Telephone corporation has the same meaning as specified in Section 234 of the Public Utilities Code.
(k)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(k)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 9.SEC. 10.Section 53075.9 of the Government Code is amended to read:53075.9.(a)Every taxicab transportation service shall include the number of its certificate, license, or permit in every written or oral advertisement of the services it offers.
(b)For purposes of this subdivision, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
(c)Whenever the local agency, after a hearing, finds that any person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit or fails to include in any written or oral advertisement the number required by subdivision (a), the local agency may impose a fine of not more than five thousand dollars ($5,000) for each violation. The local agency may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the local agency. The local agency 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 at least once each month in a fund established for the purpose of enforcing this section.
(d)For purposes of this section, local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
(e)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(e)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 10.SEC. 11.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 11.Section 23 is added to the Public Utilities Code, to read:23.(a)The commission may collect trip data for the purposes of transportation and environmental planning from any entity regulated by the commission that provides any form of for-hire passenger transportation.
(b)The commission shall commence a proceeding to determine how data collected from providers of for-hire passenger transportation may best be shared with transportation planning agencies and other local agencies for the purposes of transportation and environmental planning.
(c)Trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that are contained in the information provided to the commission pursuant to this section shall be treated as confidential. The data contained in the information may only be disclosed by the commission upon the authorization of the entity providing the information to the commission, except that the commission may disclose data in aggregate form in a manner that does not violate the confidentiality of any trade secrets.
SEC. 12.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation service licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver or, on and after July 1, 2017, January 1, 2018, taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 13.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of an ordinance or resolution of a city, county, or city and county, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
(g)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(g)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 14.Section 5411.5 is added to the Public Utilities Code, to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, Francisco, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
(g)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 15.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab 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 court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 16.Section 5412.2 is added to the Public Utilities Code, to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, Francisco, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
(d)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 17.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid certificate or permit in violation of an ordinance or resolution of a city, county, or city and county, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(c)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 18.Section 5413.5 is added to the Public Utilities Code, to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451) or a local ordinance of the City and County of San Francisco or its airport authority, Francisco, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(c)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 19.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.1.The commission may delegate to its executive director or designee of the executive director the authority to issue, renew, or authorize the transfer of taxicab carrier permits under this chapter and to otherwise implement this chapter.
5451.2.Notwithstanding any other provision of law, and except as otherwise provided in Section 5451.3, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter.
5451.3.This chapter shall not apply to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport, Francisco, including taxicab carriers associated with those services. Those taxicab transportation services shall remain under the regulation of the City and County of San Francisco or its airport authority, as the case may be. Francisco.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a licensed driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, and that are permitted to serve passengers via street hail, including curbside pickups, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate.
5451.7.This chapter shall become operative on July 1, 2017. January 1, 2018.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services subject to regulation under this chapter without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall may issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): One thousand five hundred dollars ($1,500).
(2)Permits (renewal): One hundred dollars ($100).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It has a disabled access education and training program to instruct its taxicab drivers on compliance with the Americans with Disabilities Act of 1990 and Californias disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.
(G)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(H)It equips each motor vehicle used in taxicab transportation services to accept credit cards for payment of taxicab fares.
(I)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(J)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.4.
(2)With respect to subparagraphs (B) and (G) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)The commission, as a precondition to the issuance of a permit under this article, may require the procurement of a performance bond by the applicant sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that may be taken against the applicant.
(c)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.11.No taxicab carrier shall prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical handicap, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of one thousand five hundred dollars ($1,500) shall accompany all applications for that authorization.
5452.20.(a)The commission shall, by rule or other appropriate procedure, require a taxicab carrier, while operating on a prearranged basis, to include on a waybill or trip report the following information:
(1)The point of origin and destination of the passenger.
(2)Information as to whether the transportation was arranged by telephone, written contract, or electronic communication.
(b)The waybill or trip report shall be kept in electronic format.
(c)The commission shall, by rule or other appropriate procedure, require a taxicab carrier, while operating on a demand basis, to retain electronically-collected GPS coordinates for each trip.
(d)Upon request of the commission pursuant to Section 5453.7, a taxicab carrier shall produce in its office an electronic record of any waybill or trip report, or electronically-collected GPS coordinates, as applicable.
(e)As used in this section, prearranged basis means that the transportation of the prospective passenger was arranged with the taxicab carrier by the passenger, or a representative of the passenger, either by telephone, written contract, or electronic communication. As used in this section, demand basis means that the transportation of the passenger resulted from other than a prearranged basis, such as a street hail.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, file with the commission one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file with the commission the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.7.(a)The commission may at any time have access to the land, buildings, or equipment of a taxicab carrier in connection with the operation of the carriers business and may inspect the accounts, books, papers, and documents of the carrier. Any inspection by the commission may include reproduction of documents either at the premises of the carrier or the offices of the commission, at the option of the carrier. The commission shall reimburse the carrier for any reproduction expenses incurred by the carrier at the direction of the commission.
(b)Subdivision (a) also applies to access to property and inspections of accounts, books, papers, and documents of any entity that is a subsidiary or affiliate of, or that holds a controlling interest in, a taxicab carrier with respect to any transaction between the carrier and the other entity.
(c)Subdivisions (a) and (b) also apply to any entity engaged in the transportation of persons by motor vehicle for compensation upon a determination by the commission that the entity is advertising or holding itself out as providing services that may reasonably be considered to be taxicab transportation services.
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
5453.10.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a an entity providing taxicab transportation services to obtain business. Unlawful advertisements by unlicensed taxicabs have resulted in properly-permitted taxicab carriers competing with unlicensed taxicabs using unfair business practices. Unlicensed taxicabs have also exposed residents of the state to unscrupulous persons who portray themselves as properly licensed, qualified, and insured taxicabs. Many of these unlicensed taxicabs have been found to have operated their vehicles without insurance, or in an unsafe manner, placing residents of the state at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by unlicensed taxicabs is essential to ensure the public safety and welfare. Therefore, the commission should take enforcement action as specified in this section to disconnect telephone service of entities operating unlicensed taxicab transportation services who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by an unlicensed operator of taxicab transportation services shall provide the commission, upon the order of a magistrate and the demand of the commission, access to this information. A magistrate may only issue an order for the purposes of this subdivision if the magistrate has made the findings required by subdivision (c).
(c)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber under this section only after it is shown that other available enforcement remedies of the commission have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from the commission of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising, or holding itself out to the public to perform, taxicab transportation services without a permit of the commission, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab carrier to have a permit from the commission. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the applicable telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform or in performing taxicab transportation services in violation of this chapter and that, in the absence of immediate and summary action, a danger to the public welfare and safety will result.
(d)Any person aggrieved by any action taken pursuant to this section shall have the right to file a complaint with the commission and may include in the complaint a request for interim relief. The commission shall schedule a public hearing on the complaint to be held within 21 calendar days of the filing and assignment of a docket number to the complaint. The remedy provided by this section shall be exclusive. No other action at law or in equity shall accrue against any telephone or telegraph corporation because of, or as a result of, any matter or thing done or threatened to be done pursuant to this section.
(e)At any hearing held on a complaint filed with the commission pursuant to subdivision (d), the commission staff shall have the right to participate, including the right to present evidence and argument and to present and cross-examine witnesses. The commission staff shall have both the burden of proving that the use made or to be made of the telephone service is to hold out to the public to perform, or to assist in performing, taxicab transportation services, or that the telephone service is being or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the permitting requirements applicable to taxicab carriers and that the character of the acts are such that, absent immediate and summary action, a danger to public welfare or safety will result, and the burden of persuading the commission that the telephone services should be refused or should not be restored.
(f)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with subdivision (c), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of the commission and the writing of a magistrate, and shall include with the notice a copy of this section, a copy of the writing of the magistrate, and a statement that the customer or subscriber may request information from the commission at its San Francisco or Los Angeles office concerning any provision of this section and the manner in which a complaint may be filed.
(g)The provisions of this section are an implied term of every contract for telephone service. The provisions of this section are a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(h)As used in this section, the terms person, customer, and subscriber include a subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, as defined in Section 204, a person as defined in Section 205, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(i)(1)As used in this section, telephone corporation is defined as provided in Section 234.
(2)As used in this section, telegraph corporation is defined as provided in Section 236.
(j)As used in this section, commission includes the employees of the commission as provided in Section 5451.1, unless the context otherwise requires.
5453.12.In order to facilitate enforcement by peace officers of taxicab laws pursuant to this chapter and associated regulations adopted by the commission, both of the following shall apply:
(a)The commission shall adopt a general order containing its rules pertaining to taxicab carriers.
(b)Peace officers may enforce this chapter and the commissions rules in the general order pertaining to taxicab carriers.
4.Trade Dress5454.A taxicab carrier subject to regulation under this chapter shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating on June 30, December 31, 2017, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress as soon as practicable on or after July 1, 2017. January 1, 2018. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before July 1, 2017. January 1, 2018.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city or county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on June 30, December 31, 2017, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. This section shall not apply to the taxicab transportation services exempted from this chapter pursuant to Section 5451.3. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, insurance against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, insurance against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and insurance against damage or destruction of property. The insurance requirements shall be satisfied through commercial liability insurance coverage applicable 24 hours per day and seven days per week that is no less than one hundred thousand dollars ($100,000) for death and personal injury per person, three hundred thousand dollars ($300,000) for death and personal injury per incident, and fifty thousand dollars ($50,000) for property damage. The commission may require higher amounts of insurance coverage.
5455.2.The insurance coverage required under Section 5455 shall cover each motor vehicle used or to be used under a taxicab carriers permit. The policy of insurance shall be issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.8.The insurance policy shall be filed with the commission. With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate the type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission shall adopt rules requiring taxicab carriers to disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. Any rules shall allow a taxicab carrier to disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, all of the following:
(a)Evidence of, at a minimum, a valid Class C California drivers license.
(b)A valid permit issued by the commission to a taxicab carrier.
(c)Evidence of the taxicab carriers liability insurance in compliance with Article 5 (commencing with Section 5455).
5457.2.A taxicab driver shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.4.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab drivers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(3)Ensure that a taxicab driver employed or contracted by the carrier meets all of the following requirements:
(A)Is a minimum of 18 years of age.
(B)Possesses Possesses, at a minimum, a valid Class C California drivers license.
(C)Is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(D)Passes a background check through the Department of Justices live scan system. The Department of Justice, with respect to each background check for a potential taxicab driver submitted by a taxicab carrier, shall provide the results of the background check to the commission, and the commission shall notify the taxicab carrier as to whether the person is eligible to be employed or contracted as a taxicab driver.
(4)Provide each taxicab driver employed or contracted by the taxicab carrier with documentation necessary for the driver to comply with subdivisions (b) and (c) of Section 5457.
(b)A taxicab carrier may require a taxicab driver to submit a medical report and obtain a valid medical certificate if the carrier believes that the driver has a physical or mental affliction.
(c)Taxicab drivers hired or contracted by a taxicab carrier on or after July 1, 2017, January 1, 2018, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before July 1, 2017, January 1, 2018, shall complete a drug and alcohol test before July 1, 2018. January 1, 2019.
5457.6.(a)A taxicab carrier regulated pursuant to this chapter shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat, or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear-view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article, in Section 5451.3, and in Section 53075.5 of the Government Code, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers and taxicab transportation services in this state. In that regard, a local agency may not otherwise require a license, or otherwise impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who is in violation of Section 5457 or 5457.2 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 six months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid taxicab carrier permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid taxicab carrier permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 20.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 21.Section 120269 is added to the Public Utilities Code, to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.4 of this code, or Section 34520 of the Vehicle Code and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on June 30, 2017. December 31, 2017.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(d)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 22.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
(n)Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation services as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code.
(o)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(o)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 23.Section 1808.1 is added to the Vehicle Code, to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C drivers license with any endorsement issued pursuant to Section 15278, a class C drivers license issued pursuant to Section 12814.7, a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (b) of Section 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
(n)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 24.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Section 21100. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
(h)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(h)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 25.Section 12523.6 is added to the Vehicle Code, to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
(h)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 26.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.
(c)Regulating traffic by means of traffic officers.
(d)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(e)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n)Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(o)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
(q)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(q)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 27.Section 21100 is added to the Vehicle Code, to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating the operation of taxicabs through the issuance of a curbside operations permit, pursuant to Section 53075.5 of the Government Code, in a manner consistent with Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, or licensing and regulating the operation of taxicabs originating in the City and County of San Francisco or at the San Francisco International Airport, Francisco, as provided in Section 5451.3 of the Public Utilities Code.
(c)Regulating traffic by means of traffic officers.
(d)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(e)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n)Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(o)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
(q)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 28.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer or a designated local transportation officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of licensing requirements adopted by a local authority under subdivision (b) of Section 21100 shall issue a warrant or order authorizing the peace officer or designated local transportation officer to immediately seize and cause the removal of the vehicle. As used in this section, designated local transportation officer means any local public officer employed by a local authority to investigate and enforce local taxicab and vehicle for hire laws and regulations.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid license to operate the vehicle under the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer or designated local transportation officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators license that is in compliance with the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the licenses presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
(i)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(i)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 29.Section 21100.4 is added to the Vehicle Code, to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of a local ordinance adopted by a local authority under subdivision (b) of Section 21100 shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, and, as applicable, Francisco, presentation of a curbside operation permit issued by a local agency pursuant to Section 53075 of the Government Code, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer or designated local transportation officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, Francisco, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
(i)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 30.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the agency regulating the operation of the taxicab provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the agency regulating the operation of the taxicab.
(2)The name, address, and telephone number of the firm licensed or controlled by the agency regulating the operation of the taxicab.
(b)In the event more than one local regulatory agency has jurisdiction over the operation of the taxicab, the notice required by paragraph (1) of subdivision (a) shall provide the name, address, and telephone number of the agency having jurisdiction in the area where the taxicab operator conducts its greatest volume of business; or, if this cannot readily be ascertained, the agency having jurisdiction in the area where the taxicab operator maintains its offices or primary place of business, provided that the operator conducts a substantial volume of business in such area; or, if neither of the foregoing provisions apply, any agency having jurisdiction of an area where the taxicab operator conducts a substantial volume of business.
(c)As used in this section, taxicab means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 31.Section 27908 is added to the Vehicle Code, to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than six inches by four inches, or such other size as the Public Utilities Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
(c)This section shall become operative on July 1, 2017. January 1, 2018.
SEC. 32.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
SEC. 2.Section 53075.5 of the Government Code is repealed.SEC. 3.Section 53075.6 of the Government Code is repealed.SEC. 4.Section 53075.61 of the Government Code is repealed.SEC. 5.Section 53075.7 of the Government Code is repealed.SEC. 6.Section 53075.8 of the Government Code is repealed.SEC. 7.Section 53075.9 of the Government Code is repealed.SECTION 1.Section 85 of the Code of Civil Procedure is amended to read:85.An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 53075.6 of the Government Code.
(16)Section 53075.61 of the Government Code.
(17)Section 5411.5 of the Public Utilities Code.
(18)Section 9872.1 of the Vehicle Code.
(19)Section 10751 of the Vehicle Code.
(20)Section 14607.6 of the Vehicle Code.
(21)Section 40230 of the Vehicle Code.
(22)Section 40256 of the Vehicle Code.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 85 is added to the Code of Civil Procedure, to read:85.An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
(d)This section shall become operative on July 1, 2017.
SEC. 3.Section 53075.5 of the Government Code is amended to read:53075.5.(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
(b)Each city or county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a drivers permit.
(B)The drivers permit shall become void upon termination of employment.
(C)The drivers permit shall state the name of the employer.
(D)The employer shall notify the city or county upon termination of employment.
(E)The driver shall return the permit to the city or county upon termination of employment.
(2)The establishment or registration of rates for the provision of taxicab transportation service.
(3)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California drivers license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.
(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.
(e)For purposes of this section, employment includes self-employment as an independent driver.
(f)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 53075.5 is added to the Government Code, to read:53075.5.(a)The Public Utilities Commission, pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, shall issue permits to entities to operate taxicab transportation services as taxicab carriers. The statewide taxicab carrier permit issued by the commission pursuant to Section 5452.2 of the Public Utilities Code authorizes a taxicab carrier to operate anywhere in the state, except as otherwise provided by Section 5451.3 of the Public Utilities Code with respect to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport. The statewide permit authorizes the taxicab carrier to carry any dispatched fare, whether the order comes in through telephone dispatch, an Internet Web site, an online-enabled mobile application, or other online-enabled means.
(b)(1) Notwithstanding subdivision (a) or Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, a city or county, other than the City and County of San Francisco, that regulates taxicab transportation services within its jurisdiction as of June 30, 2017, may grant exclusive authority to a taxicab carrier under commission jurisdiction on and after July 1, 2017, to provide certain types of taxicab transportation services, as specified in paragraph (2), within the jurisdiction of the city or county through the issuance of a curbside operation permit. The city or county may impose a cap on the total number of taxicabs that may be operated by taxicab carriers pursuant to curbside operation permits. However, a city or county shall not in any way limit or prohibit a taxicab carrier with a statewide taxicab carrier permit, that has not been issued a curbside operation permit, from carrying any dispatched fare, whether the order comes in through telephone dispatch, an Internet Web site, an online-enabled mobile application, or other online-enabled means.
(2)A taxicab carrier that is issued a curbside operation permit by a city or county pursuant to paragraph (1) may do all of the following within the jurisdiction of the city or county:
(A)Respond to street hails.
(B)Sit at taxicab stands.
(C)Pick up passengers at airports.
(c)A taxicab carrier with a statewide taxicab carrier permit, that has not been issued a curbside operation permit by a local agency pursuant to paragraph (1) of subdivision (b), is prohibited from providing the types of taxicab transportation services described in paragraph (2) of subdivision (b) within the jurisdiction of a city or county that issues curbside operation permits, but may provide those specified taxicab transportation services at all other locations covered by the statewide permit.
(d) A city or county that issues curbside operation permits pursuant to subdivision (b) shall provide a window sticker for each taxicab covered by the permit, which shall be affixed to each covered taxicab. The city or county may charge a fee to cover its regulatory costs related to issuance of the permit, not to exceed fifty dollars ($50) annually per taxicab covered by the permit.
(e)A city or county that issues curbside operation permits pursuant to subdivision (b) may not impose standards on taxicab carriers beyond the standards required under Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code.
(f)This section shall become operative on July 1, 2017.
SEC. 5.Section 53075.6 of the Government Code is amended to read:53075.6.Whenever a peace officer or public officer or employee, when authorized by ordinance and as defined in Section 836.5 of the Penal Code, arrests any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, and the offense occurred at a public airport, within 100 feet of a public airport, or within two miles of the international border between the United States and Mexico, the officer or employee may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 53075.61 of the Government Code is amended to read:53075.61.A transportation inspector, authorized by a local government to cite any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.Section 53075.7 of the Government Code is amended to read:53075.7.(a)Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the local agency shall investigate any business that advertises or operates taxicab transportation service for hire. The local agency shall, by ordinance, resolution, or other appropriate procedure, adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the local agency shall do all of the following:
(1)Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by ordinance, but do not have that valid authority to operate.
(2)Inform any business not having valid authority to operate that it is in violation of law.
(3)Within 60 days of informing the business pursuant to paragraph (2), institute civil or criminal proceedings, or both, pursuant to the governing municipal code or other authority of jurisdiction.
(b)For purposes of this section:
(1)Advertises means any action described in subdivision (b) of Section 53075.9.
(2)Local agency means the local entity responsible for the regulation, including, but not limited to, the certification, licensing, or permitting of, and enforcement of rules, regulations, or ordinances governing, taxicabs within the local jurisdiction.
(c)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.Section 53075.8 of the Government Code is amended to read:53075.8.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a taxicab transportation service to obtain business and conduct intrastate passenger transportation services. Unlawful advertisements by taxicabs operating without a valid taxicab certificate, license, or permit required by any ordinance has resulted in properly certificated, licensed, and permitted taxicab operators competing with these taxicabs operating without a proper taxicab certificate, license, or permit using unfair business practices. Taxicabs operating without a proper taxicab certificate, license, or permit have also exposed passengers to unscrupulous persons who portray themselves as lawful operators. Many of these taxicabs operating without a proper taxicab certificate, license, or permit have been found to have also been operating without insurance, or in an unsafe manner, thereby placing their passengers at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by taxicabs operating without proper authority is essential to ensure the public safety and welfare. Therefore, local agencies should take enforcement action, as specified in this section, to disconnect telephone service of unauthorized taxicab operators who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by a unauthorized taxicab operator shall provide the local agency, or an authorized officer or employee of the local agency, upon demand, and the order of a magistrate, access to this information. A magistrate may only issue an order for the purposes of this subdivision, if the magistrate has made the findings required by paragraph (2) of subdivision (f).
(c)(1)In addition to any other remedies that may be available by law, if a local agency determines that a taxicab transportation service has operated within the local agencys jurisdiction in violation of the local agencys ordinance adopted under Section 53075.5, the local agency may notify the taxicab operator that the local agency intends to seek termination of the operators telephone service. The notice shall be sent by certified mail to the operator at the operators last known mailing address. If the local agency is unable to determine the operators mailing address, the local agency shall post the notice for at least 10 calendar days.
(2)The notice shall contain sufficient information to identify the taxicab transportation service, to inform the taxicab operator of the alleged violations of the local agencys ordinance, and the procedures for protesting the allegations contained in the notice.
(d)The taxicab operator, within 10 calendar days of the date of the notice, may contest the allegations contained in the notice by filing a written protest with the local agency. The local agency shall schedule a hearing on the protest within 21 calendar days of receiving the protest.
(e)The governing body of the local agency, or any person or persons as may be designated by the governing body, shall hear the protest. The local agency shall have both the burden of providing that the use made, or to be made, of the telephone service is to hold out to the public to perform, or to assist in performing, services as a taxicab transportation service, and that the telephone service is being, or is to be, used as an instrumentality, directly or indirectly, to violate, or assist in violating, the local agencys applicable ordinance. The taxicab operator, or his or her designated representative, shall be allowed to present evidence to answer or refute any allegations presented to the hearing body by the local agency. The hearing body may continue the hearing from time to time. Within 10 calendar days of the close of the hearing, the hearing body shall issue a written decision to uphold or reject, in whole or in part, the allegations contained in the notice. If the hearing body upholds the allegations in whole or in part, the written decision shall state either that the allegations are sufficient to justify seeking termination of the taxicab operators telephone service, or that the allegations are not sufficient.
(f)(1)If the local agency does not receive a timely protest, or, after a protest hearing held pursuant to subdivision (d), the hearing body has determined that the allegations are sufficient to justify seeking termination of the telephone operators telephone service, the local agency may seek termination of the taxicab operators telephone service as provided in this section.
(2)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber only after it is shown that other available enforcement remedies of the local agency have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from any authorized officer or employee of the local agency of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising or holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab operator to have valid operating authority. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the subject telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance.
(g)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with paragraph (2) of subdivision (f), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of a local agency and the writing of a magistrate, and shall include a copy of this section, a copy of the writing of the magistrate, and a statement that the customer of the subscriber may request information from the local agency concerning any provision of this section and the manner in which a complaint may be filed.
(h)The provisions of this section are an implied term of every contract for telephone service and a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service, have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(i)As used in this section, the terms person, customer, and subscriber include the subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(j)As used in this section, the following terms have the following meanings:
(1)Authorized officer or employee of the local agency includes any employee of the local agency designated by the local agencys governing body.
(2)Local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
(3)Telegraph corporation has the same meaning as specified in Section 236 of the Public Utilities Code.
(4)Telephone corporation has the same meaning as specified in Section 234 of the Public Utilities Code.
(k)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 9.Section 53075.9 of the Government Code is amended to read:53075.9.(a)Every taxicab transportation service shall include the number of its certificate, license, or permit in every written or oral advertisement of the services it offers.
(b)For purposes of this subdivision, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
(c)Whenever the local agency, after a hearing, finds that any person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit or fails to include in any written or oral advertisement the number required by subdivision (a), the local agency may impose a fine of not more than five thousand dollars ($5,000) for each violation. The local agency may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the local agency. The local agency 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 at least once each month in a fund established for the purpose of enforcing this section.
(d)For purposes of this section, local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
(e)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.SEC. 10.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.SEC. 9.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 10.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
SEC. 11.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
SEC. 12.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451) or a local ordinance of the City and County of San Francisco or its airport authority, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 11.Section 23 is added to the Public Utilities Code, to read:23.(a)The commission may collect trip data for the purposes of transportation and environmental planning from any entity regulated by the commission that provides any form of for-hire passenger transportation.
(b)The commission shall commence a proceeding to determine how data collected from providers of for-hire passenger transportation may best be shared with transportation planning agencies and other local agencies for the purposes of transportation and environmental planning.
(c)Trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that are contained in the information provided to the commission pursuant to this section shall be treated as confidential. The data contained in the information may only be disclosed by the commission upon the authorization of the entity providing the information to the commission, except that the commission may disclose data in aggregate form in a manner that does not violate the confidentiality of any trade secrets.
SEC. 12.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation service licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver. driver or, on and after July 1, 2017, taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 13.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of an ordinance or resolution of a city, county, or city and county, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
(g)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.Section 5411.5 is added to the Public Utilities Code, to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
(g)This section shall become operative on July 1, 2017.
SEC. 15.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab 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 court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 16.Section 5412.2 is added to the Public Utilities Code, to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
(d)This section shall become operative on July 1, 2017.
SEC. 17.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid certificate or permit in violation of an ordinance or resolution of a city, county, or city and county, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(c)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 18.Section 5413.5 is added to the Public Utilities Code, to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451) or a local ordinance of the City and County of San Francisco or its airport authority, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(c)This section shall become operative on July 1, 2017.
SEC. 13.SEC. 19.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.1.The commission may delegate to its executive director or designee of the executive director the authority to issue, renew, or authorize the transfer of taxicab carrier permits under this chapter and to otherwise implement this chapter.
5451.2.Notwithstanding any other provision of law, and except as otherwise provided in Section 5451.3, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter.
5451.3.This chapter shall not apply to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport, including taxicab carriers associated with those services. Those taxicab transportation services shall remain under the regulation of the City and County of San Francisco or its airport authority, as the case may be.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a licensed driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, and that are permitted to serve passengers via street hail, including curbside pickups, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate.
5451.7.This chapter shall become operative on July 1, 2017.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services subject to regulation under this chapter without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): ____ One thousand five hundred dollars ($____). ($1,500).
(2)Permits (renewal): ____ One hundred dollars ($____). ($100).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It has a disabled access education and training program to instruct its taxicab drivers on compliance with the Americans with Disabilities Act of 1990 and Californias disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.
(G)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(H)It equips each motor vehicle used in taxicab transportation services to accept credit cards for payment of taxicab fares.
(H)
(I)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(I)
(J)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.4.
(2)With respect to subparagraphs (B) and (G) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)The commission, as a precondition to the issuance of a permit under this article, may require the procurement of a performance bond by the applicant sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that may be taken against the applicant.
(c)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.11.No taxicab carrier shall prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical handicap, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of ____ one thousand five hundred dollars ($____) ($1,500) shall accompany all applications for that authorization.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.7.(a)The commission may at any time have access to the land, buildings, or equipment of a taxicab carrier in connection with the operation of the carriers business and may inspect the accounts, books, papers, and documents of the carrier. Any inspection by the commission may include reproduction of documents either at the premises of the carrier or the offices of the commission, at the option of the carrier. The commission shall reimburse the carrier for any reproduction expenses incurred by the carrier at the direction of the commission.
(b)Subdivision (a) also applies to access to property and inspections of accounts, books, papers, and documents of any entity that is a subsidiary or affiliate of, or that holds a controlling interest in, a taxicab carrier with respect to any transaction between the carrier and the other entity.
(c)Subdivisions (a) and (b) also apply to any entity engaged in the transportation of persons by motor vehicle for compensation upon a determination by the commission that the entity is advertising or holding itself out as providing services that may reasonably be considered to be taxicab transportation services.
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
5453.10.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a an entity providing taxicab transportation services to obtain business. Unlawful advertisements by unlicensed taxicabs have resulted in properly-permitted taxicab carriers competing with unlicensed taxicabs using unfair business practices. Unlicensed taxicabs have also exposed residents of the state to unscrupulous persons who portray themselves as properly licensed, qualified, and insured taxicabs. Many of these unlicensed taxicabs have been found to have operated their vehicles without insurance, or in an unsafe manner, placing residents of the state at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by unlicensed taxicabs is essential to ensure the public safety and welfare. Therefore, the commission should take enforcement action as specified in this section to disconnect telephone service of entities operating unlicensed taxicab transportation services who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by an unlicensed operator of taxicab transportation services shall provide the commission, upon the order of a magistrate and the demand of the commission, access to this information. A magistrate may only issue an order for the purposes of this subdivision if the magistrate has made the findings required by subdivision (c).
(c)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber under this section only after it is shown that other available enforcement remedies of the commission have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from the commission of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising, or holding itself out to the public to perform, taxicab transportation services without a permit of the commission, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab carrier to have a permit from the commission. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the applicable telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform or in performing taxicab transportation services in violation of this chapter and that, in the absence of immediate and summary action, a danger to the public welfare and safety will result.
(d)Any person aggrieved by any action taken pursuant to this section shall have the right to file a complaint with the commission and may include in the complaint a request for interim relief. The commission shall schedule a public hearing on the complaint to be held within 21 calendar days of the filing and assignment of a docket number to the complaint. The remedy provided by this section shall be exclusive. No other action at law or in equity shall accrue against any telephone or telegraph corporation because of, or as a result of, any matter or thing done or threatened to be done pursuant to this section.
(e)At any hearing held on a complaint filed with the commission pursuant to subdivision (d), the commission staff shall have the right to participate, including the right to present evidence and argument and to present and cross-examine witnesses. The commission staff shall have both the burden of proving that the use made or to be made of the telephone service is to hold out to the public to perform, or to assist in performing, taxicab transportation services, or that the telephone service is being or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the permitting requirements applicable to taxicab carriers and that the character of the acts are such that, absent immediate and summary action, a danger to public welfare or safety will result, and the burden of persuading the commission that the telephone services should be refused or should not be restored.
(f)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with subdivision (c), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of the commission and the writing of a magistrate, and shall include with the notice a copy of this section, a copy of the writing of the magistrate, and a statement that the customer or subscriber may request information from the commission at its San Francisco or Los Angeles office concerning any provision of this section and the manner in which a complaint may be filed.
(g)The provisions of this section are an implied term of every contract for telephone service. The provisions of this section are a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(h)As used in this section, the terms person, customer, and subscriber include a subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, as defined in Section 204, a person as defined in Section 205, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(i)(1)As used in this section, telephone corporation is defined as provided in Section 234.
(2)As used in this section, telegraph corporation is defined as provided in Section 236.
(j)As used in this section, commission includes the employees of the commission as provided in Section 5451.1, unless the context otherwise requires.
5453.12.In order to facilitate enforcement by peace officers of taxicab laws pursuant to this chapter and associated regulations adopted by the commission, both of the following shall apply:
(a)The commission shall adopt a general order containing its rules pertaining to taxicab carriers.
(b)Peace officers may enforce this chapter and the commissions rules in the general order pertaining to taxicab carriers.
4.Trade Dress5454.A taxicab carrier subject to regulation under this chapter shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating on December 31, 2016, June 30, 2017, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress as soon as practicable on or after January July 1, 2017. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before January July 1, 2017.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city or county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on December 31, 2016, June 30, 2017, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. This section shall not apply to the taxicab transportation services exempted from this chapter pursuant to Section 5451.3. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, insurance against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, insurance against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and insurance against damage or destruction of property. The insurance requirements shall be satisfied through commercial liability insurance coverage applicable 24 hours per day and seven days per week that is no less than one hundred thousand dollars ($100,000) for death and personal injury per person, three hundred thousand dollars ($300,000) for death and personal injury per incident, and fifty thousand dollars ($50,000) for property damage. The commission may require higher amounts of insurance coverage.
5455.2.The insurance coverage required under Section 5455 shall cover each motor vehicle used or to be used under a taxicab carriers permit. The policy of insurance shall be issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.8.The insurance policy shall be filed with the commission. With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate the type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission shall adopt rules requiring taxicab carriers to disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. Any rules shall allow a taxicab carrier to disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, all of the following:
(a)Evidence of of, at a minimum, a valid Class C California drivers license.
(b)A valid permit issued by the commission to a taxicab carrier.
(c)Evidence of the taxicab carriers liability insurance in compliance with Article 5 (commencing with Section 5455).
5457.2.A taxicab driver shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.4.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab drivers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(3)Ensure that a taxicab driver employed or contracted by the carrier meets all of the following requirements:
(A)Is a minimum of 18 years of age.
(B)Possesses a valid Class C California drivers license.
(C)Is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(D)Passes a background check through the Department of Justices live scan system. The Department of Justice, with respect to each background check for a potential taxicab driver submitted by a taxicab carrier, shall provide the results of the background check to the commission, and the commission shall notify the taxicab carrier as to whether the person is eligible to be employed or contracted as a taxicab driver.
(4)Provide each taxicab driver employed or contracted by the taxicab carrier with documentation necessary for the driver to comply with subdivisions (b) and (c) of Section 5457.
(b)A taxicab carrier may require a taxicab driver to submit a medical report and obtain a valid medical certificate if the carrier believes that the driver has a physical or mental affliction.
(c)Taxicab drivers hired or contracted by a taxicab carrier on or after January July 1, 2017, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before January July 1, 2017, shall complete a drug and alcohol test before January July 1, 2018.
5457.6.(a)A taxicab carrier regulated pursuant to this chapter shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat, or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear-view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article and article, in Section 5451.3, and in Section 53075.5 of the Government Code, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers and taxicab transportation services in this state. In that regard, a local agency may not otherwise require a license, or otherwise impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who is in violation of Section 5457 or 5457.2 is guilty of a misdemeanor and is punishable by a fine of not less than ____ one thousand dollars ($____) ($1,000) and not more than ____ five thousand dollars ($____) ($5,000) or by imprisonment in a county jail for not more than ____ six months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid taxicab carrier permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid taxicab carrier permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 14.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.22 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on December 31, 2016.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
SEC. 15.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (b) of Section 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
SEC. 16.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as a driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
SEC. 17.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating traffic by means of traffic officers.
(c)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(d)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(e)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(f)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(g)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(h)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(i)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(j)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(k)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(l)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(n)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
SEC. 18.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of an ordinance of the City and County of San Francisco or its airport authority shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
SEC. 19.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the Public Utilities Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
SEC. 20.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 21.Section 120269 is added to the Public Utilities Code, to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.4 of this code, or Section 34520 of the Vehicle Code and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on June 30, 2017.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(d)This section shall become operative on July 1, 2017.
SEC. 22.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
(n)Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation services as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code.
(o)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 23.Section 1808.1 is added to the Vehicle Code, to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C drivers license with any endorsement issued pursuant to Section 15278, a class C drivers license issued pursuant to Section 12814.7, a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (b) of Section 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
(n)This section shall become operative on July 1, 2017.
SEC. 24.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Section 21100. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
(h)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 25.Section 12523.6 is added to the Vehicle Code, to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
(h)This section shall become operative on July 1, 2017.
SEC. 26.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.
(c)Regulating traffic by means of traffic officers.
(d)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(e)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n)Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(o)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
(q)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 27.Section 21100 is added to the Vehicle Code, to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating the operation of taxicabs through the issuance of a curbside operations permit, pursuant to Section 53075.5 of the Government Code, in a manner consistent with Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, or licensing and regulating the operation of taxicabs originating in the City and County of San Francisco or at the San Francisco International Airport, as provided in Section 5451.3 of the Public Utilities Code.
(c)Regulating traffic by means of traffic officers.
(d)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(e)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n)Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(o)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
(q)This section shall become operative on July 1, 2017.
SEC. 28.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer or a designated local transportation officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of licensing requirements adopted by a local authority under subdivision (b) of Section 21100 shall issue a warrant or order authorizing the peace officer or designated local transportation officer to immediately seize and cause the removal of the vehicle. As used in this section, designated local transportation officer means any local public officer employed by a local authority to investigate and enforce local taxicab and vehicle for hire laws and regulations.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid license to operate the vehicle under the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer or designated local transportation officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators license that is in compliance with the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the licenses presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
(i)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 29.Section 21100.4 is added to the Vehicle Code, to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of a local ordinance adopted by a local authority under subdivision (b) of Section 21100 shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, and, as applicable, presentation of a curbside operation permit issued by a local agency pursuant to Section 53075 of the Government Code, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer or designated local transportation officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
(i)This section shall become operative on July 1, 2017.
SEC. 30.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the agency regulating the operation of the taxicab provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the agency regulating the operation of the taxicab.
(2)The name, address, and telephone number of the firm licensed or controlled by the agency regulating the operation of the taxicab.
(b)In the event more than one local regulatory agency has jurisdiction over the operation of the taxicab, the notice required by paragraph (1) of subdivision (a) shall provide the name, address, and telephone number of the agency having jurisdiction in the area where the taxicab operator conducts its greatest volume of business; or, if this cannot readily be ascertained, the agency having jurisdiction in the area where the taxicab operator maintains its offices or primary place of business, provided that the operator conducts a substantial volume of business in such area; or, if neither of the foregoing provisions apply, any agency having jurisdiction of an area where the taxicab operator conducts a substantial volume of business.
(c)As used in this section, taxicab means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.
(d)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 31.Section 27908 is added to the Vehicle Code, to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than six inches by four inches, or such other size as the Public Utilities Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
(c)This section shall become operative on July 1, 2017.
SEC. 20.SEC. 32.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
SEC. 2.Section 53075.5 of the Government Code is repealed.SEC. 3.Section 53075.6 of the Government Code is repealed.SEC. 4.Section 53075.61 of the Government Code is repealed.SEC. 5.Section 53075.7 of the Government Code is repealed.SEC. 6.Section 53075.8 of the Government Code is repealed.SEC. 7.Section 53075.9 of the Government Code is repealed.SEC. 8.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 9.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 10.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
SEC. 11.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
SEC. 12.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451) or a local ordinance of the City and County of San Francisco or its airport authority, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 13.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.1.The commission may delegate to its executive director or designee of the executive director the authority to issue, renew, or authorize the transfer of taxicab carrier permits under this chapter and to otherwise implement this chapter.
5451.2.Notwithstanding any other provision of law, and except as otherwise provided in Section 5451.3, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter.
5451.3.This chapter shall not apply to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport, including taxicab carriers associated with those services. Those taxicab transportation services shall remain under the regulation of the City and County of San Francisco or its airport authority, as the case may be.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a licensed driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, and that are permitted to serve passengers via street hail, including curbside pickups, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services subject to regulation under this chapter without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): ____ dollars ($____).
(2)Permits (renewal): ____ dollars ($____).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It has a disabled access education and training program to instruct its taxicab drivers on compliance with the Americans with Disabilities Act of 1990 and Californias disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.
(F)
(G)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(G)
(H)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(H)
(I)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.4.
(2)With respect to subparagraphs (B) and (F) (G) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)The commission, as a precondition to the issuance of a permit under this article, may require the procurement of a performance bond by the applicant sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that may be taken against the applicant.
(c)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.11.No taxicab carrier shall prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical handicap, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of ____ dollars ($____) shall accompany all applications for that authorization.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.7.(a)The commission may at any time have access to the land, buildings, or equipment of a taxicab carrier in connection with the operation of the carriers business and may inspect the accounts, books, papers, and documents of the carrier. Any inspection by the commission may include reproduction of documents either at the premises of the carrier or the offices of the commission, at the option of the carrier. The commission shall reimburse the carrier for any reproduction expenses incurred by the carrier at the direction of the commission.
(b)Subdivision (a) also applies to access to property and inspections of accounts, books, papers, and documents of any entity that is a subsidiary or affiliate of, or that holds a controlling interest in, a taxicab carrier with respect to any transaction between the carrier and the other entity.
(c)Subdivisions (a) and (b) also apply to any entity engaged in the transportation of persons by motor vehicle for compensation upon a determination by the commission that the entity is advertising or holding itself out as providing services that may reasonably be considered to be taxicab transportation services.
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
5453.10.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a an entity providing taxicab transportation services to obtain business. Unlawful advertisements by unlicensed taxicabs have resulted in properly-permitted taxicab carriers competing with unlicensed taxicabs using unfair business practices. Unlicensed taxicabs have also exposed residents of the state to unscrupulous persons who portray themselves as properly licensed, qualified, and insured taxicabs. Many of these unlicensed taxicabs have been found to have operated their vehicles without insurance, or in an unsafe manner, placing residents of the state at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by unlicensed taxicabs is essential to ensure the public safety and welfare. Therefore, the commission should take enforcement action as specified in this section to disconnect telephone service of entities operating unlicensed taxicab transportation services who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by an unlicensed operator of taxicab transportation services shall provide the commission, upon the order of a magistrate and the demand of the commission, access to this information. A magistrate may only issue an order for the purposes of this subdivision if the magistrate has made the findings required by subdivision (c).
(c)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber under this section only after it is shown that other available enforcement remedies of the commission have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from the commission of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising, or holding itself out to the public to perform, taxicab transportation services without a permit of the commission, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab carrier to have a permit from the commission. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the applicable telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform or in performing taxicab transportation services in violation of this chapter and that, in the absence of immediate and summary action, a danger to the public welfare and safety will result.
(d)Any person aggrieved by any action taken pursuant to this section shall have the right to file a complaint with the commission and may include in the complaint a request for interim relief. The commission shall schedule a public hearing on the complaint to be held within 21 calendar days of the filing and assignment of a docket number to the complaint. The remedy provided by this section shall be exclusive. No other action at law or in equity shall accrue against any telephone or telegraph corporation because of, or as a result of, any matter or thing done or threatened to be done pursuant to this section.
(e)At any hearing held on a complaint filed with the commission pursuant to subdivision (d), the commission staff shall have the right to participate, including the right to present evidence and argument and to present and cross-examine witnesses. The commission staff shall have both the burden of proving that the use made or to be made of the telephone service is to hold out to the public to perform, or to assist in performing, taxicab transportation services, or that the telephone service is being or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the permitting requirements applicable to taxicab carriers and that the character of the acts are such that, absent immediate and summary action, a danger to public welfare or safety will result, and the burden of persuading the commission that the telephone services should be refused or should not be restored.
(f)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with subdivision (c), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of the commission and the writing of a magistrate, and shall include with the notice a copy of this section, a copy of the writing of the magistrate, and a statement that the customer or subscriber may request information from the commission at its San Francisco or Los Angeles office concerning any provision of this section and the manner in which a complaint may be filed.
(g)The provisions of this section are an implied term of every contract for telephone service. The provisions of this section are a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(h)As used in this section, the terms person, customer, and subscriber include a subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, as defined in Section 204, a person as defined in Section 205, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(i)(1)As used in this section, telephone corporation is defined as provided in Section 234.
(2)As used in this section, telegraph corporation is defined as provided in Section 236.
(j)As used in this section, commission includes the employees of the commission as provided in Section 5451.1, unless the context otherwise requires.
5453.12.In order to facilitate enforcement by peace officers of taxicab laws pursuant to this chapter and associated regulations adopted by the commission, both of the following shall apply:
(a)The commission shall adopt a general order containing its rules pertaining to taxicab carriers.
(b)Peace officers may enforce this chapter and the commissions rules in the general order pertaining to taxicab carriers.
4.Trade Dress5454.A taxicab carrier subject to regulation under this chapter shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating on December 31, 2016, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress as soon as practicable on or after January 1, 2017. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before January 1, 2017.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city or county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on December 31, 2016, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. This section shall not apply to the taxicab transportation services exempted from this chapter pursuant to Section 5451.3. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, insurance against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, insurance against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and insurance against damage or destruction of property. The insurance requirements shall be satisfied through commercial liability insurance coverage applicable 24 hours per day and seven days per week that is no less than one hundred thousand dollars ($100,000) for death and personal injury per person, three hundred thousand dollars ($300,000) for death and personal injury per incident, and fifty thousand dollars ($50,000) for property damage. The commission may require higher amounts of insurance coverage.
5455.2.The insurance coverage required under Section 5455 shall cover each motor vehicle used or to be used under a taxicab carriers permit. The policy of insurance shall be issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.8.The insurance policy shall be filed with the commission. With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate the type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission may shall adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicab transportation services. or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. Any rules shall allow a taxicab carrier to disclose fares, fees, or other pricing structures rates on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, all of the following:
(a)Evidence of a valid Class C California drivers license.
(b)A valid permit issued by the commission to a taxicab carrier.
(c)Evidence of the taxicab carriers liability insurance in compliance with Article 5 (commencing with Section 5455).
5457.2.A taxicab driver shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.4.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab drivers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(3)Ensure that a taxicab driver employed or contracted by the carrier meets all of the following requirements:
(A)Is a minimum of 18 years of age.
(B)Possesses a valid Class C California drivers license.
(C)Is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(D)Passes a background check through the Department of Justices live scan system.
(4)Provide each taxicab driver employed or contracted by the taxicab carrier with documentation necessary for the driver to comply with subdivisions (b) and (c) of Section 5457.
(b)A taxicab carrier may require a taxicab driver to submit a medical report and obtain a valid medical certificate if the carrier believes that the driver has a physical or mental affliction.
(c)Taxicab drivers hired or contracted by a taxicab carrier on or after January 1, 2017, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before January 1, 2017, shall complete a drug and alcohol test before January 1, 2018.
5457.6.(a)A taxicab carrier regulated pursuant to this chapter shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat, or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear-view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article and in Section 5451.3, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers and taxicab transportation services in this state. In that regard, a local agency may not require a license, or impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who is in violation of Section 5457 or 5457.2 is guilty of a misdemeanor and is punishable by a fine of not less than ____ dollars ($____) and not more than ____ dollars ($____) or by imprisonment in a county jail for not more than ____ months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid taxicab carrier permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid taxicab carrier permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 14.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.22 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on December 31, 2016.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
SEC. 15.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (b) of Section 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
SEC. 16.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as a driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
SEC. 17.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating traffic by means of traffic officers.
(c)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(d)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(e)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(f)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(g)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(h)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(i)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(j)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(k)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(l)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(n)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
SEC. 18.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of an ordinance of the City and County of San Francisco or its airport authority shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
SEC. 19.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the Public Utilities Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
SEC. 2.Section 53075.5 of the Government Code is repealed.SEC. 3.Section 53075.6 of the Government Code is repealed.SEC. 4.Section 53075.61 of the Government Code is repealed.SEC. 5.Section 53075.7 of the Government Code is repealed.SEC. 6.Section 53075.8 of the Government Code is repealed.SEC. 7.Section 53075.9 of the Government Code is repealed.SEC. 8.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 9.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 10.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
SEC. 11.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
SEC. 12.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451) or a local ordinance of the City and County of San Francisco or its airport authority, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 13.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.1.The commission may delegate to its executive director or designee of the executive director the authority to issue, renew, or authorize the transfer of taxicab carrier permits under this chapter and to otherwise implement this chapter.
5451.2.Notwithstanding any other provision of law, and except as otherwise provided in Section 5451.3, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter. The Legislature finds and declares that regulation of taxicab transportation services throughout the state constitutes a matter of statewide concern.
5451.3.This chapter shall not apply to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport, including taxicab carriers and taxicab drivers associated with those services. Those taxicab transportation services shall remain under the regulation of the City and County of San Francisco or its airport authority, as the case may be.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a permitted licensed driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, and that are permitted to serve passengers via street hail, including curbside pickups, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
(i)Region means one of the regions identified pursuant to Section 5451.6.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate in one or more of the following regions: operate.
(a)Region 1 shall include the Counties of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama, Plumas, Glenn, Butte, Lake, Colusa, Yuba, Sierra, Nevada, Yolo, Sutter, Placer, Sacramento, and El Dorado.
(b)Region 2 shall include the Counties of Sonoma, Napa, Marin, Solano, Contra Costa, San Mateo, Alameda, and Santa Clara. Region 2 shall exclude taxicab transportation services originating at the San Francisco International Airport in the County of San Mateo.
(c)Region 3 shall include the Counties of San Joaquin, Amador, Alpine, Stanislaus, Calaveras, Tuolumne, Mono, Merced, Mariposa, San Benito, Madera, Fresno, Inyo, Kings, Tulare, and Kern.
(d)Region 4 shall include the Counties of Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, and Ventura.
(e)Region 5 shall include the Counties of Los Angeles, San Bernardino, Orange, and Riverside.
(f)Region 6 shall include the Counties of San Diego and Imperial.
5451.7.A taxicab carrier regulated by the City and County of San Francisco or its airport authority and not subject to regulation by the commission shall not be authorized to apply for a permit to operate taxicab transportation services originating within any of the regions regulated by the commission pursuant to Section 5451.6.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services subject to regulation under this chapter without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter. Each permit shall specify the region of the state in which the taxicab carrier is authorized to operate. Nothing in this chapter shall preclude a taxicab carrier from holding permits to operate in multiple regions.
5452.4.A taxicab carrier holding a permit for a region shall not be restricted as to point of origin or destination within that region.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): ____ dollars ($____).
(2)Permits (renewal): ____ dollars ($____).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(G)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(H)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.22. 5457.4.
(2)With respect to subparagraphs (B) and (F) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)The commission, as a precondition to the issuance of a permit under this article, may require the procurement of a performance bond by the applicant sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that may be taken against the applicant.
(b)
(c)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer, if the taxicab carriers accident liability protection is provided by a policy of insurance. insurer.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of ____ dollars ($____) shall accompany all applications for that authorization.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.7.(a)The commission may at any time have access to the land, buildings, or equipment of a taxicab carrier in connection with the operation of the carriers business and may inspect the accounts, books, papers, and documents of the carrier. Any inspection by the commission may include reproduction of documents either at the premises of the carrier or the offices of the commission, at the option of the carrier. The commission shall reimburse the carrier for any reproduction expenses incurred by the carrier at the direction of the commission.
(b)Subdivision (a) also applies to access to property and inspections of accounts, books, papers, and documents of any entity that is a subsidiary or affiliate of, or that holds a controlling interest in, a taxicab carrier with respect to any transaction between the carrier and the other entity.
(c)Subdivisions (a) and (b) also apply to any entity engaged in the transportation of persons by motor vehicle for compensation upon a determination by the commission that the entity is advertising or holding itself out as providing services that may reasonably be considered to be taxicab transportation services.
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
5453.10.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a an entity providing taxicab transportation services to obtain business. Unlawful advertisements by unlicensed taxicabs have resulted in properly-permitted taxicab carriers competing with unlicensed taxicabs using unfair business practices. Unlicensed taxicabs have also exposed residents of the state to unscrupulous persons who portray themselves as properly licensed, qualified, and insured taxicabs. Many of these unlicensed taxicabs have been found to have operated their vehicles without insurance, or in an unsafe manner, placing residents of the state at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by unlicensed taxicabs is essential to ensure the public safety and welfare. Therefore, the commission should take enforcement action as specified in this section to disconnect telephone service of entities operating unlicensed taxicab transportation services who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by an unlicensed operator of taxicab transportation services shall provide the commission, upon the order of a magistrate and the demand of the commission, access to this information. A magistrate may only issue an order for the purposes of this subdivision if the magistrate has made the findings required by subdivision (c).
(c)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber under this section only after it is shown that other available enforcement remedies of the commission have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from the commission of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising, or holding itself out to the public to perform, taxicab transportation services without a permit of the commission, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab carrier to have a permit from the commission. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the applicable telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform or in performing taxicab transportation services in violation of this chapter and that, in the absence of immediate and summary action, a danger to the public welfare and safety will result.
(d)Any person aggrieved by any action taken pursuant to this section shall have the right to file a complaint with the commission and may include in the complaint a request for interim relief. The commission shall schedule a public hearing on the complaint to be held within 21 calendar days of the filing and assignment of a docket number to the complaint. The remedy provided by this section shall be exclusive. No other action at law or in equity shall accrue against any telephone or telegraph corporation because of, or as a result of, any matter or thing done or threatened to be done pursuant to this section.
(e)At any hearing held on a complaint filed with the commission pursuant to subdivision (d), the commission staff shall have the right to participate, including the right to present evidence and argument and to present and cross-examine witnesses. The commission staff shall have both the burden of proving that the use made or to be made of the telephone service is to hold out to the public to perform, or to assist in performing, taxicab transportation services, or that the telephone service is being or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the permitting requirements applicable to taxicab carriers and that the character of the acts are such that, absent immediate and summary action, a danger to public welfare or safety will result, and the burden of persuading the commission that the telephone services should be refused or should not be restored.
(f)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with subdivision (c), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of the commission and the writing of a magistrate, and shall include with the notice a copy of this section, a copy of the writing of the magistrate, and a statement that the customer or subscriber may request information from the commission at its San Francisco or Los Angeles office concerning any provision of this section and the manner in which a complaint may be filed.
(g)The provisions of this section are an implied term of every contract for telephone service. The provisions of this section are a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(h)As used in this section, the terms person, customer, and subscriber include a subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, as defined in Section 204, a person as defined in Section 205, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(i)(1)As used in this section, telephone corporation is defined as provided in Section 234.
(2)As used in this section, telegraph corporation is defined as provided in Section 236.
(j)As used in this section, commission includes the employees of the commission as provided in Section 5451.1, unless the context otherwise requires.
5453.12.In order to facilitate enforcement by peace officers of taxicab laws pursuant to this chapter and associated regulations adopted by the commission, both of the following shall apply:
(a)The commission shall adopt a general order containing its rules pertaining to taxicab carriers.
(b)Peace officers may enforce this chapter and the commissions rules in the general order pertaining to taxicab carriers.
4.Trade Dress5454.A taxicab carrier subject to regulation under this chapter shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress within each region for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating within each region on December 31, 2016, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress in each region. The commission may assign the same or similar trade name and trade dress in different regions of the state in a manner that minimizes public confusion to consumers of taxicab transportation services. dress.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress in each region as soon as practicable on or after January 1, 2017. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before January 1, 2017.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city or county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on December 31, 2016, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. This section shall not apply to the taxicab transportation services exempted from this chapter pursuant to Section 5451.3. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5454.10.The commission may adopt an alternate process for awarding trade name and trade dress within each region subsequent to the initial award outlined in Section 5454.2, provided that the alternate process shall seek to minimize public confusion to consumers of taxicab transportation services in each region.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, protection insurance against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, protection insurance against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and protection insurance against damage or destruction of property. The maximum insurance requirements for these assurances of protection against liability shall be satisfied through commercial liability insurance coverage applicable 24 hours per day and seven days per week that is no more less than one hundred thousand dollars ($100,000) for death and personal injury per person, three hundred thousand dollars ($300,000) for death and personal injury per incident, and fifty thousand dollars ($50,000) for property damage. The commission may require higher amounts of insurance coverage.
5455.2.The protection insurance coverage required under Section 5455 shall be evidenced by the deposit of any of the following with the commission covering cover each motor vehicle used or to be used under the permit applied for:
(a)A a taxicab carriers permit. The policy of insurance, insurance shall be issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
(b)A bond of a surety company licensed to write surety bonds in this state.
(c)Evidence of the qualification of the taxicab carrier as a self-insurer as may be authorized by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.6.The insurance requirements specified in this article shall only be applicable to motor vehicles while providing taxicab transportation services. When not providing those services, the insurance requirements for those vehicles shall be the minimum amounts otherwise applicable to motor vehicles not providing taxicab transportation services.
5455.8.The insurance policy shall be filed with the commission. With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate either of the following with respect to provision of taxicab transportation services:
(a)Fares or fees charged by taxicab carriers, including, but not limited to, meter rates, gate fees, or any other charge to the consumer related to the hiring of a taxicab.
(b)The regulate the type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission may adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicab transportation services. Any rules shall allow a taxicab carrier to disclose fares, fees, or other pricing structures on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.An individual shall not be a driver providing taxicab transportation service regulated by this chapter without first obtaining a taxicab driver permit from the commission pursuant to this article.
5457.2.A taxicab driver permit issued pursuant to this article shall be valid in any region in this state.
5457.4.The commission shall issue a taxicab driver permit to an applicant if the applicant meets all of the following requirements:
(a)The applicant submits to the commission a written application for a taxicab driver permit.
(b)The applicant pays a taxicab driver permit fee as determined by the commission.
(c)The applicant is a minimum of 18 years of age.
(d)The applicant possesses a current class C California drivers license.
(e)The applicant is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(f)The applicant passes a written exam as prescribed by the commission.
(g)The applicant passes a background check through the Department of Justices live scan system.
5457.6.An applicant may be required to submit a medical report and obtain a valid medical certificate if the application, or observation by the commission, indicates a physical or mental affliction. In that situation, the applicant may be granted a temporary taxicab driver permit for 30 days pending receipt of a valid medical certificate. Upon submittal of the valid medical certificate and its acceptance by the commission, a regular taxicab driver permit shall be issued to the applicant.
5457.8.An applicant shall be denied a taxicab driver permit if any portion of the application is found to be falsified. If the falsification is deemed to be willful and intentional, the applicant shall not be allowed to reapply for a taxicab driver permit for a one-year period from the time the falsification is first discovered. Should a repeat offense of falsification occur, the applicant shall not be allowed to reapply for a taxicab driver permit for a seven-year period from the time the additional falsification is discovered.
5457.10.An applicant who has willfully and intentionally attempted to cheat in the taxicab driver permit exam process shall be immediately disqualified from the exam. First-time offenders shall be ineligible to retake the exam for a 180-day period. Repeat offenders shall be ineligible to retake the exam for a seven-year period. Test misconduct shall include, but not be limited to, using notes or other materials that have been prohibited, looking at other applicant test papers, talking to other applicants during the exam, failing to stop as requested at the end of the exam period, or in any way coercing others for exam information.
5457.12.5457.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, both all of the following:
(a)A Evidence of a valid Class C California drivers license.
(b)A valid taxicab driver permit issued by the commission. commission to a taxicab carrier.
(c)Evidence of the taxicab carriers liability insurance in compliance with Article 5 (commencing with Section 5455).
5457.14.5457.2.A holder of a taxicab driver permit shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.16.A taxicab driver shall properly display his or her valid taxicab driver permit in the taxicab in a manner as prescribed by the commission.
5457.18.A taxicab driver shall not do any of the following:
(a)Knowingly allow another individual to use his or her taxicab driver permit.
(b)Duplicate a taxicab driver permit.
(c)Use another persons taxicab driver permit.
(d)Apply for, or possess, more than one taxicab driver permit issued by the commission.
5457.20.A holder of a taxicab driver permit that becomes invalid shall destroy the permit.
5457.22.5457.4.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab drivers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(3)Ensure that a taxicab driver employed or contracted by the carrier meets all of the following requirements:
(A)Is a minimum of 18 years of age.
(B)Possesses a valid Class C California drivers license.
(C)Is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(D)Passes a background check through the Department of Justices live scan system.
(4)Provide each taxicab driver employed or contracted by the taxicab carrier with documentation necessary for the driver to comply with subdivisions (b) and (c) of Section 5457.
(b)A taxicab carrier may require a taxicab driver to submit a medical report and obtain a valid medical certificate if the carrier believes that the driver has a physical or mental affliction.
(b)
(c)Taxicab drivers hired or contracted by a taxicab carrier on or after January 1, 2017, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before January 1, 2017, shall complete a drug and alcohol test before January 1, 2018.
5457.24.5457.6.(a)A taxicab carrier regulated pursuant to this chapter shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat, or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall inspect each of its motor vehicles used for taxicab transportation services, or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear-view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article and in Section 5451.3, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers, taxicab drivers, carriers and taxicab transportation services in this state and preempts all other regulation. state. In that regard, a local agency may not require a license, or impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport. However, the governing body of an airport may not impose a fee on taxicab carriers that is based on the gross receipts of the carrier, and may not impose vehicle safety, vehicle licensing, or insurance requirements on taxicab carriers that are more burdensome than those imposed by this chapter or by commission regulation pursuant to this chapter.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who does not possess a valid taxicab driver permit is in violation of Section 5457 or 5457.2 is guilty of a misdemeanor and is punishable by a fine of not less than ____ dollars ($____) and not more than ____ dollars ($____) or by imprisonment in a county jail for not more than ____ months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid taxicab carrier permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid taxicab carrier permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 14.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.22 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on December 31, 2016.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
SEC. 15.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (b) of Section 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
SEC. 16.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as a driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
SEC. 17.Section 16500 of the Vehicle Code is amended to read:16500.Every owner of a vehicle used in the transportation of passengers for hire, when the operation of the vehicle is not subject to regulation by the Public Utilities Commission, shall maintain, whenever he or she may be engaged in conducting those operations, proof of financial responsibility resulting from the ownership or operation of the vehicle and arising by reason of personal injury to, or death of, any one person, of at least fifteen thousand dollars ($15,000), and, subject to the limit of fifteen thousand dollars ($15,000) for each person injured or killed, of at least thirty thousand dollars ($30,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least five thousand dollars ($5,000) resulting from any one accident. Proof of financial responsibility may be maintained by either:
(a)Being insured under a motor vehicle liability policy against that liability.
(b)Obtaining a bond of the same kind, and containing the same provisions, as those bonds specified in Section 16434.
(c)By depositing with the department thirty-five thousand dollars ($35,000), which amount shall be deposited in a special deposit account with the Controller for the purpose of this section.
(d)Qualifying as a self-insurer under Section 16053.
The department shall return the deposit to the person entitled thereto when he or she is no longer required to maintain proof of financial responsibility as required by this section or upon his or her death.
A taxicab carrier regulated by the City and County of San Francisco or its airport authority shall comply with the insurance requirements of Section 5455 of the Public Utilities Code.
SEC. 18.SEC. 17.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating traffic by means of traffic officers.
(c)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(d)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(e)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(f)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(g)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(h)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(i)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(j)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(k)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(l)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(n)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
SEC. 19.SEC. 18.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of an ordinance of the City and County of San Francisco or its airport authority shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or an ordinance of the City and County of San Francisco or its airport authority, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
SEC. 20.SEC. 19.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the Public Utilities Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).
SEC. 21.SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 5411.5 of the Public Utilities Code.
(16)Section 5460.12 of the Public Utilities Code.
(17)Section 9872.1 of the Vehicle Code.
(18)Section 10751 of the Vehicle Code.
(19)Section 14607.6 of the Vehicle Code.
(20)Section 40230 of the Vehicle Code.
(21)Section 40256 of the Vehicle Code.
SEC. 2.Section 53075.5 of the Government Code is repealed.SEC. 3.Section 53075.6 of the Government Code is repealed.SEC. 4.Section 53075.61 of the Government Code is repealed.SEC. 5.Section 53075.7 of the Government Code is repealed.SEC. 6.Section 53075.8 of the Government Code is repealed.SEC. 7.Section 53075.9 of the Government Code is repealed.SEC. 8.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 8.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 9.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451). 5451) or exempt from regulation under that chapter pursuant to Section 5451.3.
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 10.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of Chapter 8.5 (commencing with Section 5451) 5451) or in violation of a local ordinance of the City and County of San Francisco or its airport authority, the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
SEC. 11.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid permit required pursuant to Chapter 8.5 (commencing with Section 5451), 5451) or pursuant to a local ordinance of the City and County of San Francisco or its airport authority, in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab shall have the meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
SEC. 12.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid permit in violation of Chapter 8.5 (commencing with Section 5451), 5451) or a local ordinance of the City and County of San Francisco or its airport authority, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 13.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.2.Notwithstanding any other provision of law, and except as otherwise provided in Section 5451.3, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter. The Legislature finds and declares that uniform regulation of taxicab transportation services throughout the state constitutes a matter of statewide concern.
5451.3.This chapter shall not apply to taxicab transportation services originating in the jurisdiction of the City and County of San Francisco or at the San Francisco International Airport, including taxicab carriers and taxicab drivers associated with those services. Those taxicab transportation services shall remain under the regulation of the City and County of San Francisco or its airport authority, as the case may be.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a permitted driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
(i)Region means one of the regions identified pursuant to Section 5451.6.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate in one or more of the following regions:
(a)Region 1 shall include the Counties of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama, Plumas, Glenn, Butte, Lake, Colusa, Yuba, Sierra, Nevada, Yolo, Sutter, Placer, Sacramento, and El Dorado.
(b)Region 2 shall include the Counties of Sonoma, Napa, Marin, Solano, Contra Costa, San Mateo, Alameda, and Santa Clara. Region 2 shall exclude taxicab transportation services originating at the San Francisco International Airport in the County of San Mateo.
(c)Region 3 shall include the City and County of San Francisco.
(d)
(c)Region 4 3 shall include the Counties of San Joaquin, Amador, Alpine, Stanislaus, Calaveras, Tuolumne, Mono, Merced, Mariposa, San Benito, Madera, Fresno, Inyo, Kings, Tulare, and Kern.
(e)
(d)Region 5 4 shall include the Counties of Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, and Ventura.
(f)
(e)Region 6 5 shall include the Counties of Los Angeles, San Bernardino, Orange, and Riverside.
(g)
(f)Region 7 6 shall include the Counties of San Diego and Imperial.
5451.7.A taxicab carrier regulated by the City and County of San Francisco or its airport authority and not subject to regulation by the commission shall not be authorized to apply for a permit to operate taxicab transportation services originating within any of the regions regulated by the commission pursuant to Section 5451.6.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services subject to regulation under this chapter without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter. Each permit shall specify the region of the state in which the taxicab carrier is authorized to operate. Nothing in this chapter shall preclude a taxicab carrier from holding permits to operate in multiple regions.
5452.4.A taxicab carrier holding a permit for a region shall not be restricted as to point of origin or destination within that region.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): ____ dollars ($____).
(2)Permits (renewal): ____ dollars ($____).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(G)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(H)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.22.
(2)With respect to subparagraphs (B) and (F) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer, if the taxicab carriers accident liability protection is provided by a policy of insurance.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of ____ dollars ($____) shall accompany all applications for that authorization.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
4.Trade Dress5454.A taxicab carrier subject to regulation under this chapter shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress within each region for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating within each region on December 31, 2016, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress in each region. The commission may assign the same or similar trade name and trade dress in different regions of the state in a manner that minimizes public confusion to consumers of taxicab transportation services.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress in each region as soon as practicable on or after January 1, 2017. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before January 1, 2017.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city, county, or city and city or county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on December 31, 2016, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. This section shall not apply to the taxicab transportation services exempted from this chapter pursuant to Section 5451.3. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5454.10.The commission may adopt an alternate process for awarding trade name and trade dress within each region subsequent to the initial award outlined in Section 5454.2, provided that the alternate process shall seek to minimize public confusion to consumers of taxicab transportation services in each region.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, protection against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, protection against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and protection against damage or destruction of property. The maximum requirements for these assurances of protection against liability shall be no more than fifty one hundred thousand dollars ($50,000) ($100,000) for death and personal injury per person, one three hundred thousand dollars ($100,000) ($300,000) for death and personal injury per incident, and thirty fifty thousand dollars ($30,000) ($50,000) for property damage.
5455.2.The protection required under Section 5455 shall be evidenced by the deposit of any of the following with the commission covering each motor vehicle used or to be used under the permit applied for:
(a)A policy of insurance, issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
(b)A bond of a surety company licensed to write surety bonds in this state.
(c)Evidence of the qualification of the taxicab carrier as a self-insurer as may be authorized by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.6.The insurance requirements specified in this article shall only be applicable to motor vehicles while providing taxicab transportation services. When not providing those services, the insurance requirements for those vehicles shall be the minimum amounts otherwise applicable to motor vehicles not providing taxicab transportation services.
5455.8.With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate either of the following with respect to provision of taxicab transportation services:
(a)Fares or fees charged by taxicab carriers, including, but not limited to, meter rates, gate fees, or any other charge to the consumer related to the hiring of a taxicab.
(b)The type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission may adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicab transportation services. Any rules shall allow a taxicab carrier to disclose fares, fees, or other pricing structures on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.An individual shall not be a driver providing taxicab transportation service regulated by this chapter without first obtaining a taxicab driver permit from the commission pursuant to this article.
5457.2.A taxicab driver permit issued pursuant to this article shall be valid in any region in this state.
5457.4.The commission shall issue a taxicab driver permit to an applicant if the applicant meets all of the following requirements:
(a)The applicant submits to the commission a written application for a taxicab driver permit.
(b)The applicant pays a taxicab driver permit fee as determined by the commission.
(c)The applicant is a minimum of 18 years of age.
(d)The applicant possesses a current class C California drivers license.
(e)The applicant is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(f)The applicant passes a written exam as prescribed by the commission.
(g)The applicant passes a background check through the Department of Justices live scan system.
5457.6.An applicant may be required to submit a medical report and obtain a valid medical certificate if the application, or observation by the commission, indicates a physical or mental affliction. In that situation, the applicant may be granted a temporary taxicab driver permit for 30 days pending receipt of a valid medical certificate. Upon submittal of the valid medical certificate and its acceptance by the commission, a regular taxicab driver permit shall be issued to the applicant.
5457.8.An applicant shall be denied a taxicab driver permit if any portion of the application is found to be falsified. If the falsification is deemed to be willful and intentional, the applicant shall not be allowed to reapply for a taxicab driver permit for a one-year period from the time the falsification is first discovered. Should a repeat offense of falsification occur, the applicant shall not be allowed to reapply for a taxicab driver permit for a seven-year period from the time the additional falsification is discovered.
5457.10.An applicant who has willfully and intentionally attempted to cheat in the taxicab driver permit exam process shall be immediately disqualified from the exam. First-time offenders shall be ineligible to retake the exam for a 180-day period. Repeat offenders shall be ineligible to retake the exam for a seven-year period. Test misconduct shall include, but not be limited to, using notes or other materials that have been prohibited, looking at other applicant test papers, talking to other applicants during the exam, failing to stop as requested at the end of the exam period, or in any way coercing others for exam information.
5457.12.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, both of the following:
(a)A valid California drivers license.
(b)A valid taxicab driver permit issued by the commission.
5457.14.A holder of a taxicab driver permit shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.16.A taxicab driver shall properly display his or her valid taxicab driver permit in the taxicab in a manner as prescribed by the commission.
5457.18.A taxicab driver shall not do any of the following:
(a)Knowingly allow another individual to use his or her taxicab driver permit.
(b)Duplicate a taxicab driver permit.
(c)Use another persons taxicab driver permit.
(d)Apply for, or possess, more than one taxicab driver permit issued by the commission.
5457.20.A holder of a taxicab driver permit that becomes invalid shall destroy the permit.
5457.22.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab divers drivers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(b)Taxicab drivers hired or contracted by a taxicab carrier on or after January 1, 2017, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before January 1, 2017, shall complete a drug and alcohol test before January 1, 2018.
5457.24.(a)A taxicab carrier regulated pursuant to this chapter shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat threat, or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall inspect each of its motor vehicles used for taxicab transportation services, or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear view rear-view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article, article and in Section 5451.3, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers, taxicab drivers, and taxicab transportation services in this state and preempts all other regulation. In that regard, a local agency may not require a license, or impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport. However, the governing body of an airport may not impose a fee on taxicab carriers that is based on the gross receipts of the carrier, and may not impose vehicle safety, vehicle licensing, or insurance requirements on taxicab carriers that are more burdensome than those imposed by this chapter or by commission regulation pursuant to this chapter.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who does not possess a valid taxicab driver permit is guilty of a misdemeanor and is punishable by a fine of not less than ____ dollars ($____) and not more than ____ dollars ($____) or by imprisonment in a county jail for not more than ____ months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 14.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, Section 1032.1 or 5457.22 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, as that paragraph read on December 31, 2016.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
SEC. 15.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission, or a taxicab as defined in subdivision (d) (b) of Section 545.14 of the Public Utilities Code. 27908.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
SEC. 16.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as a driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
SEC. 17.Section 16500 of the Vehicle Code is amended to read:16500.Every owner of a vehicle used in the transportation of passengers for hire, when the operation of the vehicle is not subject to regulation by the Public Utilities Commission, shall maintain, whenever he or she may be engaged in conducting those operations, proof of financial responsibility resulting from the ownership or operation of the vehicle and arising by reason of personal injury to, or death of, any one person, of at least fifteen thousand dollars ($15,000), and, subject to the limit of fifteen thousand dollars ($15,000) for each person injured or killed, of at least thirty thousand dollars ($30,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least five thousand dollars ($5,000) resulting from any one accident. Proof of financial responsibility may be maintained by either:
(a)Being insured under a motor vehicle liability policy against that liability.
(b)Obtaining a bond of the same kind, and containing the same provisions, as those bonds specified in Section 16434.
(c)By depositing with the department thirty-five thousand dollars ($35,000), which amount shall be deposited in a special deposit account with the Controller for the purpose of this section.
(d)Qualifying as a self-insurer under Section 16053.
The department shall return the deposit to the person entitled thereto when he or she is no longer required to maintain proof of financial responsibility as required by this section or upon his or her death.
A taxicab carrier regulated by the City and County of San Francisco or its airport authority shall comply with the insurance requirements of Section 5455 of the Public Utilities Code.
SEC. 18.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Regulating traffic by means of traffic officers.
(c)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(d)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(e)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(f)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(g)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(h)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(i)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(j)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(k)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(l)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(n)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
SEC. 19.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code or in violation of an ordinance of the City and County of San Francisco or its airport authority shall issue a warrant or order authorizing the peace officer to immediately seize and cause the removal of the vehicle.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid permit to operate the vehicle under the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, Code or an ordinance of the City and County of San Francisco or its airport authority, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators permit that is in compliance with the requirements of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, Code or an ordinance of the City and County of San Francisco or its airport authority, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
SEC. 20.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the Public Utilities Commission Commission, or other regulating agency pursuant to Section 5451.3 of the Public Utilities Code, provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the applicable unit of the Public Utilities Commission or other regulating agency that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the taxicab carrier that has been issued a permit to provide taxicab transportation services by the Public Utilities Commission. Commission or other regulating agency.
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. Code or by another regulating agency pursuant to Section 5451.3 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.) Code).
SEC. 21.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:
(a)The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, amount in controversy means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys fees, interest, and costs.
(b)The relief sought is a type that may be granted in a limited civil case.
(c)The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:
(1)Section 798.61 or 798.88 of the Civil Code.
(2)Section 1719 of the Civil Code.
(3)Section 3342.5 of the Civil Code.
(4)Section 86.
(5)Section 86.1.
(6)Section 1710.20.
(7)Section 7581 of the Food and Agricultural Code.
(8)Section 12647 of the Food and Agricultural Code.
(9)Section 27601 of the Food and Agricultural Code.
(10)Section 31503 of the Food and Agricultural Code.
(11)Section 31621 of the Food and Agricultural Code.
(12)Section 52514 of the Food and Agricultural Code.
(13)Section 53564 of the Food and Agricultural Code.
(14)Section 53069.4 of the Government Code.
(15)Section 53075.6 5411.5 of the Government Public Utilities Code.
(16)Section 53075.61 5460.12 of the Government Public Utilities Code.
(17)Section 5411.5 of the Public Utilities Code.
(18)
(17)Section 9872.1 of the Vehicle Code.
(19)
(18)Section 10751 of the Vehicle Code.
(20)
(19)Section 14607.6 of the Vehicle Code.
(21)
(20)Section 40230 of the Vehicle Code.
(22)
(21)Section 40256 of the Vehicle Code.
SEC. 2.Section 53075.5 of the Government Code is repealed.53075.5.(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
(b)Each city or county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a drivers permit.
(B)The drivers permit shall become void upon termination of employment.
(C)The drivers permit shall state the name of the employer.
(D)The employer shall notify the city or county upon termination of employment.
(E)The driver shall return the permit to the city or county upon termination of employment.
(2)The establishment or registration of rates for the provision of taxicab transportation service.
(3)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California drivers license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.
(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.
(e)For purposes of this section, employment includes self-employment as an independent driver.
SEC. 3.Section 53075.6 of the Government Code is repealed.53075.6.Whenever a peace officer or public officer or employee, when authorized by ordinance and as defined in Section 836.5 of the Penal Code, arrests any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, and the offense occurred at a public airport, within 100 feet of a public airport, or within two miles of the international border between the United States and Mexico, the officer or employee may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
SEC. 4.Section 53075.61 of the Government Code is repealed.53075.61.A transportation inspector, authorized by a local government to cite any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, may impound and retain possession of any vehicle used in a violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of the criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services.
SEC. 5.Section 53075.7 of the Government Code is repealed.53075.7.(a)Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the local agency shall investigate any business that advertises or operates taxicab transportation service for hire. The local agency shall, by ordinance, resolution, or other appropriate procedure, adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the local agency shall do all of the following:
(1)Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by ordinance, but do not have that valid authority to operate.
(2)Inform any business not having valid authority to operate that it is in violation of law.
(3)Within 60 days of informing the business pursuant to paragraph (2), institute civil or criminal proceedings, or both, pursuant to the governing municipal code or other authority of jurisdiction.
(b)For purposes of this section:
(1)Advertises means any action described in subdivision (b) of Section 53075.9.
(2)Local agency means the local entity responsible for the regulation, including, but not limited to, the certification, licensing, or permitting of, and enforcement of rules, regulations, or ordinances governing, taxicabs within the local jurisdiction.
SEC. 6.Section 53075.8 of the Government Code is repealed.53075.8.(a)The Legislature finds and declares that advertising and use of telephone service is essential for a taxicab transportation service to obtain business and conduct intrastate passenger transportation services. Unlawful advertisements by taxicabs operating without a valid taxicab certificate, license, or permit required by any ordinance has resulted in properly certificated, licensed, and permitted taxicab operators competing with these taxicabs operating without a proper taxicab certificate, license, or permit using unfair business practices. Taxicabs operating without a proper taxicab certificate, license, or permit have also exposed passengers to unscrupulous persons who portray themselves as lawful operators. Many of these taxicabs operating without a proper taxicab certificate, license, or permit have been found to have also been operating without insurance, or in an unsafe manner, thereby placing their passengers at risk.
(b)(1)The Legislature further finds and declares that the termination of telephone service utilized by taxicabs operating without proper authority is essential to ensure the public safety and welfare. Therefore, local agencies should take enforcement action, as specified in this section, to disconnect telephone service of unauthorized taxicab operators who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2)For purposes of this section, a telephone corporation or telegraph corporation, or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by a unauthorized taxicab operator shall provide the local agency, or an authorized officer or employee of the local agency, upon demand, and the order of a magistrate, access to this information. A magistrate may only issue an order for the purposes of this subdivision, if the magistrate has made the findings required by paragraph (2) of subdivision (f).
(c)(1)In addition to any other remedies that may be available by law, if a local agency determines that a taxicab transportation service has operated within the local agencys jurisdiction in violation of the local agencys ordinance adopted under Section 53075.5, the local agency may notify the taxicab operator that the local agency intends to seek termination of the operators telephone service. The notice shall be sent by certified mail to the operator at the operators last known mailing address. If the local agency is unable to determine the operators mailing address, the local agency shall post the notice for at least 10 calendar days.
(2)The notice shall contain sufficient information to identify the taxicab transportation service, to inform the taxicab operator of the alleged violations of the local agencys ordinance, and the procedures for protesting the allegations contained in the notice.
(d)The taxicab operator, within 10 calendar days of the date of the notice, may contest the allegations contained in the notice by filing a written protest with the local agency. The local agency shall schedule a hearing on the protest within 21 calendar days of receiving the protest.
(e)The governing body of the local agency, or any person or persons as may be designated by the governing body, shall hear the protest. The local agency shall have both the burden of providing that the use made, or to be made, of the telephone service is to hold out to the public to perform, or to assist in performing, services as a taxicab transportation service, and that the telephone service is being, or is to be, used as an instrumentality, directly or indirectly, to violate, or assist in violating, the local agencys applicable ordinance. The taxicab operator, or his or her designated representative, shall be allowed to present evidence to answer or refute any allegations presented to the hearing body by the local agency. The hearing body may continue the hearing from time to time. Within 10 calendar days of the close of the hearing, the hearing body shall issue a written decision to uphold or reject, in whole or in part, the allegations contained in the notice. If the hearing body upholds the allegations in whole or in part, the written decision shall state either that the allegations are sufficient to justify seeking termination of the taxicab operators telephone service, or that the allegations are not sufficient.
(f)(1)If the local agency does not receive a timely protest, or, after a protest hearing held pursuant to subdivision (d), the hearing body has determined that the allegations are sufficient to justify seeking termination of the telephone operators telephone service, the local agency may seek termination of the taxicab operators telephone service as provided in this section.
(2)A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber only after it is shown that other available enforcement remedies of the local agency have failed to terminate unlawful activities detrimental to the public welfare and safety, and upon receipt from any authorized officer or employee of the local agency of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising or holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance, or that the telephone service otherwise is being used or is to be used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab operator to have valid operating authority. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the subject telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform taxicab transportation services in violation of the local agencys applicable ordinance.
(g)The telephone or telegraph corporation, immediately upon refusal or disconnection of service in accordance with paragraph (2) of subdivision (f), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of a local agency and the writing of a magistrate, and shall include a copy of this section, a copy of the writing of the magistrate, and a statement that the customer of the subscriber may request information from the local agency concerning any provision of this section and the manner in which a complaint may be filed.
(h)The provisions of this section are an implied term of every contract for telephone service and a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service, have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service.
(i)As used in this section, the terms person, customer, and subscriber include the subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a corporation, a limited liability company, a partnership, an association, and includes their lessees and assigns.
(j)As used in this section, the following terms have the following meanings:
(1)Authorized officer or employee of the local agency includes any employee of the local agency designated by the local agencys governing body.
(2)Local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
(3)Telegraph corporation has the same meaning as specified in Section 236 of the Public Utilities Code.
(4)Telephone corporation has the same meaning as specified in Section 234 of the Public Utilities Code.
SEC. 7.Section 53075.9 of the Government Code is repealed.53075.9.(a)Every taxicab transportation service shall include the number of its certificate, license, or permit in every written or oral advertisement of the services it offers.
(b)For purposes of this subdivision, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
(c)Whenever the local agency, after a hearing, finds that any person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit or fails to include in any written or oral advertisement the number required by subdivision (a), the local agency may impose a fine of not more than five thousand dollars ($5,000) for each violation. The local agency may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the local agency. The local agency 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 at least once each month in a fund established for the purpose of enforcing this section.
(d)For purposes of this section, local agency has the same meaning as specified in subdivision (b) of Section 53075.7.
SEC. 8.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)
(h)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)
(i)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
SEC. 9.Section 5353 of the Public Utilities Code is amended to read:5353.This chapter does not apply to any of the following:
(a)Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(b)Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
(c)Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
(d)Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
(e)Transportation service rendered by a publicly owned transit system.
(f)Passenger vehicles carrying passengers on a noncommercial enterprise basis.
(g)Taxicab transportation service licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver. services subject to regulation pursuant to Chapter 8.5 (commencing with Section 5451).
(h)Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California Highway Patrol. The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. Profit, as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(i)Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(j)Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
(k)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(l)Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(m)(1)Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original takeoff site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
(A)Does not fly more than a total of 30 passenger rides for compensation annually.
(B)Does not provide any preflight ground transportation services in their vehicles.
(C)In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
(D)Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
(2)Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
(n)(1)Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(2)Any transportation service described in paragraph (1) shall comply with all of the following requirements:
(A)Register as a private carrier with the commission pursuant to Section 4005.
(B)Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
(C)Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
(D)Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
(i)A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
(ii)A minimum of one million dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
(iii)A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
SEC. 10.Section 5411.5 of the Public Utilities Code is amended to read:5411.5.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of an ordinance or resolution of a city, county, or city and county, Chapter 8.5 (commencing with Section 5451), the peace officer may impound and retain possession of the vehicle.
(c)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d)The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f)No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
SEC. 11.Section 5412.2 of the Public Utilities Code is amended to read:5412.2.(a)When a person is convicted of the offense of operating a taxicab without a valid certificate or permit, permit required pursuant to Chapter 8.5 (commencing with Section 5451), in addition 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 two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b)When a person is convicted of the offense 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 court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c)As used in this section, taxicab means a passenger vehicle designed for carrying not more than eight persons, excluding shall have the driver, and used to carry passengers for hire. meaning as defined in subdivision (d) of Section 5451.4. Taxicab shall not include a charter-party carrier of passengers within the meaning of this chapter.
SEC. 12.Section 5413.5 of the Public Utilities Code is amended to read:5413.5.(a)Whenever the commission, 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 written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
(b)Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid certificate or permit in violation of an ordinance or resolution of a city, county, or city and county, Chapter 8.5 (commencing with Section 5451), the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 13.Chapter 8.5 (commencing with Section 5451) is added to Division 2 of the Public Utilities Code, to read:8.5.Taxicab Transportation Services Act1.General Provisions and Definitions5451.This chapter shall be known, and may be cited, as the Taxicab Transportation Services Act.
5451.2.Notwithstanding any other provision of law, this chapter shall apply to taxicab transportation services provided throughout the state. The commission shall regulate taxicab transportation services and enforce the requirements of this chapter, and may adopt regulations to further the objectives of this chapter. The Legislature finds and declares that uniform regulation of taxicab transportation services throughout the state constitutes a matter of statewide concern.
5451.4.For the purposes of this chapter, the following terms have the following meanings:
(a)Entity includes a corporation, company, association, joint stock association, firm, partnership, individual, or any other form of business organization.
(b)Public highway includes every public street, road, or highway in this state.
(c)Motor vehicle means a vehicle used on public highways that is self-propelled.
(d)Taxicab means a passenger motor vehicle designed for carrying not more than eight passengers, excluding the driver, and used to carry passengers for hire as part of taxicab transportation services.
(e)Taxicab carrier means an entity that is a permitted provider of taxicab transportation services to passengers under this chapter.
(f)Taxicab driver means an individual who is a permitted driver of a taxicab under this chapter.
(g)Taxicab transportation services means the provision of transportation services for compensation using motor vehicles designed for carrying not more than eight passengers, excluding the driver, but excludes transportation services provided by a charter-party carrier of passengers regulated by Chapter 8 (commencing with Section 5351).
(h)With respect to a motor vehicle used in taxicab transportation services by a taxicab carrier, owner means the entity that is registered with the Department of Motor Vehicles as the owner of the motor vehicle, or that has a legal right to possession of the motor vehicle pursuant to a lease or rental agreement.
(i)Region means one of the regions identified pursuant to Section 5451.6.
5451.6.The commission shall issue permits pursuant to this chapter authorizing taxicab carriers to operate in one or more of the following regions:
(a)Region 1 shall include the Counties of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama, Plumas, Glenn, Butte, Lake, Colusa, Yuba, Sierra, Nevada, Yolo, Sutter, Placer, Sacramento, and El Dorado.
(b)Region 2 shall include the Counties of Sonoma, Napa, Marin, Solano, Contra Costa, San Mateo, Alameda, and Santa Clara.
(c)Region 3 shall include the City and County of San Francisco.
(d)Region 4 shall include the Counties of San Joaquin, Amador, Alpine, Stanislaus, Calaveras, Tuolumne, Mono, Merced, Mariposa, San Benito, Madera, Fresno, Inyo, Kings, Tulare, and Kern.
(e)Region 5 shall include the Counties of Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, and Ventura.
(f)Region 6 shall include the Counties of Los Angeles, San Bernardino, Orange, and Riverside.
(g)Region 7 shall include the Counties of San Diego and Imperial.
2.Authorization to Operate as a Taxicab Carrier5452.An entity shall not engage in taxicab transportation services without first having obtained a taxicab carrier permit issued by the commission pursuant to this chapter.
5452.2.The commission shall issue permits to entities to operate taxicab transportation services as a taxicab carrier if otherwise qualified under this chapter. Each permit shall specify the region of the state in which the taxicab carrier is authorized to operate. Nothing in this chapter shall preclude a taxicab carrier from holding permits to operate in multiple regions.
5452.4.A taxicab carrier holding a permit for a region shall not be restricted as to point of origin or destination within that region.
5452.6.A taxicab carrier shall include the number of its permit in every written, oral, or electronic advertisement of the services it offers and shall comply with the signing requirements of Section 27908 of the Vehicle Code. For the purposes of this section, advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
5452.8.(a)Applications for taxicab carrier permits shall be in writing and verified under oath, and shall be in the form and contain the information required by the commission.
(b)An application for a taxicab carrier permit shall be accompanied by a filing fee as follows:
(1)Permits (new): ____ dollars ($____).
(2)Permits (renewal): ____ dollars ($____).
5452.10.(a)(1) Before a permit is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing taxicab transportation services. The commission shall not issue or renew a permit pursuant to this chapter unless the applicant meets all of the following requirements:
(A)It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol relating to the safe operation of vehicles on the public highways.
(B)It is committed to observing the hours of service regulations of state and, where applicable, federal law for all taxicab drivers, whether employees or contractors.
(C)It has an inspection program in effect for its motor vehicles used to provide taxicab transportation services that conforms to Article 8 (commencing with Section 5458).
(D)It participates in the pull notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors.
(E)It has a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(F)It will maintain its motor vehicles used in taxicab transportation services in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.
(G)It has provided to the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission or the Department of the California Highway Patrol.
(H)It provides for a mandatory controlled substance and alcohol testing certification program pursuant to Section 5457.22.
(2)With respect to subparagraphs (B) and (F) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply.
(b)In addition to the requirements in subdivision (a), taxicab carriers shall meet all other state and, where applicable, federal regulations as prescribed.
5452.12.(a)Every taxicab carrier shall furnish to the commission a list, prepared under oath, of all motor vehicles used by the carrier in taxicab transportation services during the period since the last inspection. The commission shall furnish a copy of the list to the taxicab carriers insurer, if the taxicab carriers accident liability protection is provided by a policy of insurance.
(b)If the taxicab carriers insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carriers permit or impose a fine, or both, and, for a second or subsequent occurrence, suspend or revoke the permit or impose a fine, or both.
5452.14.The commission may, with or without hearing, issue a permit under this chapter. If the commission finds that the applicant possesses satisfactory fitness and financial responsibility to initiate and conduct the proposed taxicab transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit.
5452.16.A permit, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
5452.18.No permit issued pursuant to this chapter, or rights to conduct any of the services authorized by the permit, shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of ____ dollars ($____) shall accompany all applications for that authorization.
3.Enforcement5453.Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any entity that advertises or holds itself out as providing services that may be reasonably considered to be taxicab transportation services but that does not have a permit required by this chapter. The commission, in a rulemaking or other appropriate procedure, shall adopt criteria that establish the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(a)Determine which entities, if any, are required to obtain a taxicab carrier permit pursuant to Article 2 (commencing with Section 5452) but that do not have the required permit.
(b)Inform any entity identified in subdivision (a) that the failure to obtain a permit is in violation of the law.
(c)Within 60 days of informing the entity pursuant to subdivision (b), institute civil or criminal proceedings, or both, if the entity continues to be in noncompliance with this chapter.
5453.2.The commission shall not issue, renew, or authorize the transfer of a taxicab carrier permit under this chapter to any entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
5453.4.(a)The commission may cancel, suspend, or revoke a taxicab carrier permit issued pursuant to this chapter upon any of the following grounds:
(1)The violation by the permitholder of any of the provisions of this chapter, or of the terms of a permit issued under this chapter.
(2)The violation by the permitholder of any order, decision, rule, regulation, direction, demand, or requirement of the commission pursuant to this chapter.
(3)The conviction of a taxicab carrier of any misdemeanor under this chapter while holding a taxicab carrier permit issued by the commission or the conviction of the carrier or its officers of a felony while holding a permit issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)The rendition of a judgment against the taxicab carrier for any penalty imposed under this chapter.
(5)The failure of a taxicab carrier to pay any fee imposed on the carrier within the time required by the commission.
(6)On request of the taxicab carrier.
(7)The failure of a taxicab carrier to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety by employees of the taxicab carrier that support an inference of unsafe operation or willful neglect of the public safety by the carrier.
(8)Consistent failure of the taxicab carrier to maintain its vehicles in a safe operating condition pursuant to Article 8 (commencing with Section 5458) and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the carrier.
(9)Failure of a taxicab carrier, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices, providing the requirements are consistent with subdivision (b) of Section 5459.
(b)The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon a taxicab carrier for any of the violations specified in subdivision (a), as an alternative to canceling, revoking, or suspending the carriers permit. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.
5453.6.(a)A taxicab carrier shall have and shall make available for inspection by the commission, upon request, one of the following:
(1)A certificate of workers compensation coverage for its employees issued by an admitted insurer.
(2)A certification of consent to self-insure issued by the Director of Industrial Relations.
(3)A statement under penalty of perjury, stating that, in its operations as a taxicab carrier, it does not employ any person in any manner so as to become subject to the workers compensation laws of this state.
(b)The workers compensation coverage certified to under paragraph (1) of subdivision (a) shall be in the form of a policy that remains effective until canceled. Cancellation of the policy shall require 30 days advance notice.
(c)If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
5453.8.The commission may, on a complaint alleging that an entity is operating taxicab transportation services without a valid taxicab carrier permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the entity so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
4.Trade Dress5454.A taxicab carrier shall not operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission. The identifying symbol shall not be displayed on any vehicle until a permit under this chapter has been issued to the carrier.
5454.2.The commission shall assign both trade name and trade dress within each region for taxicab transportation services. In doing so, the commission shall take into account taxicab carriers operating within each region on December 31, 2016, and shall minimize public confusion to consumers of taxicab transportation services in awarding trade name and trade dress in each region. The commission may assign the same or similar trade name and trade dress in different regions of the state in a manner that minimizes public confusion to consumers of taxicab transportation services.
5454.4.A taxicab carrier shall remove all markings required by the commission from a motor vehicle when the motor vehicle is permanently withdrawn from service as a taxicab.
5454.6.The commission shall award initial trade name and trade dress in each region as soon as practicable on or after January 1, 2017. In doing so, the commission shall consider all of the following:
(a)Historic trade name and trade dress granted to licensees by cities, counties, cities and counties, or any subdivision thereof as submitted to the commission pursuant to Section 5454.8.
(b)The geographic service boundaries of the provision of taxicab services before January 1, 2017.
(c)The cost to taxicab carriers of changing trade name or trade dress in accordance with the commissions order.
5454.8.Any city, county, or city and county, or any subdivision thereof, that regulates or oversees the licensure of taxicab transportation services within its jurisdiction on December 31, 2016, shall forward to the commission licensure information for each taxicab transportation service licensee within its jurisdiction. The information shall include, but need not be limited to, the following:
(a)The name of the licensee, including the approved doing business as name granted to a licensee.
(b)Information related to trade dress or exterior markings granted to each licensee within the jurisdiction.
(c)The geographical boundaries, if any, granted to a licensee in the provision of taxicab transportation services.
(d)Any other information the commission may require to carry out the purposes of this chapter.
5454.10.The commission may adopt an alternate process for awarding trade name and trade dress within each region subsequent to the initial award outlined in Section 5454.2, provided that the alternate process shall seek to minimize public confusion to consumers of taxicab transportation services in each region.
5.Insurance5455.The commission, in granting a permit to a taxicab carrier pursuant to this chapter, shall require the taxicab carrier to procure, and to continue in effect during the life of the permit, protection against liability imposed by law upon the taxicab carrier for the payment of damages for personal bodily injuries, including death resulting therefrom, protection against a total liability of the taxicab carrier on account of bodily injuries to, or death of, more than one person as a result of any one accident, and protection against damage or destruction of property. The maximum requirements for these assurances of protection against liability shall be no more than fifty thousand dollars ($50,000) for death and personal injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and thirty thousand dollars ($30,000) for property damage.
5455.2.The protection required under Section 5455 shall be evidenced by the deposit of any of the following with the commission covering each motor vehicle used or to be used under the permit applied for:
(a)A policy of insurance, issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
(b)A bond of a surety company licensed to write surety bonds in this state.
(c)Evidence of the qualification of the taxicab carrier as a self-insurer as may be authorized by the commission.
5455.4.No entity holding a valid taxicab carrier permit issued by the commission pursuant to this chapter shall be required by a city, county, city and county, or any other local agency to provide insurance in a manner different from that required by this article.
5455.6.The insurance requirements specified in this article shall only be applicable to motor vehicles while providing taxicab transportation services. When not providing those services, the insurance requirements for those vehicles shall be the minimum amounts otherwise applicable to motor vehicles not providing taxicab transportation services.
5455.8.With the consent of the commission, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photocopy thereof, or an electronic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
6.Pricing and GPS Metering5456.The commission shall not regulate either of the following with respect to provision of taxicab transportation services:
(a)Fares or fees charged by taxicab carriers, including, but not limited to, meter rates, gate fees, or any other charge to the consumer related to the hiring of a taxicab.
(b)The type of device used by taxicab carriers to calculate fares, including the use of global positioning system metering as a form of calculating fares.
5456.2.The commission may adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicab transportation services. Any rules shall allow a taxicab carrier to disclose fares, fees, or other pricing structures on its Internet Web site or cellular telephone application.
7.Taxicab Drivers5457.An individual shall not be a driver providing taxicab transportation service without first obtaining a taxicab driver permit from the commission pursuant to this article.
5457.2.A taxicab driver permit issued pursuant to this article shall be valid in any region in this state.
5457.4.The commission shall issue a taxicab driver permit to an applicant if the applicant meets all of the following requirements:
(a)The applicant submits to the commission a written application for a taxicab driver permit.
(b)The applicant pays a taxicab driver permit fee as determined by the commission.
(c)The applicant is a minimum of 18 years of age.
(d)The applicant possesses a current class C California drivers license.
(e)The applicant is not afflicted with either a physical or mental incapacity that would preclude the individual from safely operating a taxicab and performing the duties normally associated with the profession.
(f)The applicant passes a written exam as prescribed by the commission.
(g)The applicant passes a background check through the Department of Justices live scan system.
5457.6.An applicant may be required to submit a medical report and obtain a valid medical certificate if the application, or observation by the commission, indicates a physical or mental affliction. In that situation, the applicant may be granted a temporary taxicab driver permit for 30 days pending receipt of a valid medical certificate. Upon submittal of the valid medical certificate and its acceptance by the commission, a regular taxicab driver permit shall be issued to the applicant.
5457.8.An applicant shall be denied a taxicab driver permit if any portion of the application is found to be falsified. If the falsification is deemed to be willful and intentional, the applicant shall not be allowed to reapply for a taxicab driver permit for a one-year period from the time the falsification is first discovered. Should a repeat offense of falsification occur, the applicant shall not be allowed to reapply for a taxicab driver permit for a seven-year period from the time the additional falsification is discovered.
5457.10.An applicant who has willfully and intentionally attempted to cheat in the taxicab driver permit exam process shall be immediately disqualified from the exam. First-time offenders shall be ineligible to retake the exam for a 180-day period. Repeat offenders shall be ineligible to retake the exam for a seven-year period. Test misconduct shall include, but not be limited to, using notes or other materials that have been prohibited, looking at other applicant test papers, talking to other applicants during the exam, failing to stop as requested at the end of the exam period, or in any way coercing others for exam information.
5457.12.While providing taxicab transportation services, a taxicab driver shall have in his or her immediate possession, and shall present, upon request, to a law enforcement officer, a representative of the commission, or a customer, both of the following:
(a)A valid California drivers license.
(b)A valid taxicab driver permit issued by the commission.
5457.14.A holder of a taxicab driver permit shall not drive a taxicab while his or her drivers license is expired, suspended, or revoked.
5457.16.A taxicab driver shall properly display his or her valid taxicab driver permit in the taxicab in a manner as prescribed by the commission.
5457.18.A taxicab driver shall not do any of the following:
(a)Knowingly allow another individual to use his or her taxicab driver permit.
(b)Duplicate a taxicab driver permit.
(c)Use another persons taxicab driver permit.
(d)Apply for, or possess, more than one taxicab driver permit issued by the commission.
5457.20.A holder of a taxicab driver permit that becomes invalid shall destroy the permit.
5457.22.(a)A taxicab carrier shall do all of the following:
(1)Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers employed or contracted by the carrier.
(2)Provide for a mandatory controlled substance and alcohol testing certification program for taxicab divers employed or contracted by the carrier, as required by the commission. The program shall not be more strict than the program adopted by the commission pursuant to Section 1032.1 for transportation network company drivers.
(b)Taxicab drivers hired or contracted by a taxicab carrier on or after January 1, 2017, shall be subject to mandatory drug and alcohol testing prior to employment or contracting. Drivers hired or contracted by a taxicab carrier before January 1, 2017, shall complete a drug and alcohol test before January 1, 2018.
5457.24.(a)A taxicab carrier shall not employ, or contract with, any of the following persons as a taxicab driver:
(1)A person convicted, during the preceding seven years, of any offense relating to the use, sale, possession, or transportation of narcotics, controlled substances, or addictive or dangerous drugs, or of any act involving force, violence, threat or intimidation against persons, or of any sexual offense, or of any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, or of any felony offense, or of any offense involving the possession of a firearm or dangerous weapon, or of any offense involving the solicitation or agreement to engage in or engagement in any act of prostitution, or of any act of resisting, delaying, or obstructing a peace officer, public officer, or emergency medical technician, or of theft in either degree. For the purposes of this paragraph, a subsequent change of plea or vacation of verdict and dismissal of charges pursuant to Section 1203.4 of the Penal Code does not release the applicant from the penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)A person required to register as a sex offender under Section 290 of the Penal Code or a person convicted of a felony involving any type of sexual offense; the manufacture, possession for sale, transportation, or distribution of narcotics, controlled substances, or addictive or dangerous drugs; force, violence, threat, or intimidation against persons; kidnaping; forgery, fraud, larceny, extortion, burglary, robbery, or theft; credit card fraud; possession of a firearm or dangerous weapon; resisting or obstructing a peace officer, public officer, or emergency medical technician; or use of a vehicle for hire in the commission of a felony.
(3)A person convicted of any violation of Section 20001, 20003, 20004, 23104, or 23153 of the Vehicle Code.
(b)For purposes of subdivision (a), out-of-state convictions for equivalent violations shall be given the same effect as in-state convictions.
8.Vehicle Inspection5458.Upon initial placement into service and annually thereafter, a taxicab carrier shall inspect each of its motor vehicles used for taxicab transportation services, or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and shall maintain complete documentation of each inspection. The inspection shall cover all of the following components, and each component shall, at a minimum, be in satisfactory condition before a vehicle may be used in providing taxicab transportation services:
(a)Foot brakes.
(b)Emergency brakes.
(c)Steering mechanism.
(d)Windshield.
(e)Rear window and other glass.
(f)Windshield wipers.
(g)Headlights.
(h)Tail lights.
(i)Turn indicator lights.
(j)Stop lights.
(k)Front seat adjustment mechanism.
(l)Doors, including opening, closing, and locking.
(m)Horn.
(n)Speedometer.
(o)Bumpers.
(p)Muffler and exhaust system.
(q)Tires.
(r)Interior and exterior rear view mirrors.
(s)Safety belts for the driver and passengers.
9.Local Agencies and Airports5459.(a)Except as otherwise specifically provided in this article, and notwithstanding any other provision of law, this chapter constitutes the exclusive regulation of taxicab carriers, taxicab drivers, and taxicab transportation services in this state and preempts all other regulation. In that regard, a local agency may not require a license, or impose a tax or fee, for the conduct of taxicab transportation services subject to regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local agency from designating taxicab stands on public highways under its jurisdiction pursuant to Section 21112 of the Vehicle Code for use by taxicabs, or from designating other locations for taxicabs to stop pursuant to Section 22500 of the Vehicle Code.
(c)Nothing in this chapter shall be construed to prevent the governing body of an airport from adopting and enforcing reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of highways, parking, traffic control, passenger transfers and occupancy, passenger solicitation practices, and the use of buildings and facilities, that are applicable to taxicab carriers operating on airport property. In that regard, the governing body of an airport may require a taxicab carrier to obtain an airport permit in order to operate taxicab transportation services to or from the airport. However, the governing body of an airport may not impose a fee on taxicab carriers that is based on the gross receipts of the carrier, and may not impose vehicle safety, vehicle licensing, or insurance requirements on taxicab carriers that are more burdensome than those imposed by this chapter or by commission regulation pursuant to this chapter.
(d)Nothing in this chapter shall be construed to prohibit any agreement entered into between a taxicab carrier and the governing board of an airport pursuant to Article 4.5 (commencing with Section 21690.5) of Chapter 4 of Part 1 of Division 9.
10.Violations5460.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, 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.
5460.2.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, 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.
5460.4.Every taxicab carrier and every officer, director, agent, employee, or contractor of any taxicab carrier who violates or fails to comply with, or who procures, aids, or abets any violation by any taxicab carrier 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 with any permit issued under this chapter, or who procures, aids, or abets any taxicab carrier in its failure to comply with the order, decision, rule, regulation, direction, demand, requirement, or permit, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.6.Every person other than a taxicab carrier who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a person other than a taxicab carrier, who violates 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 who procures, aids, or abets any taxicab carrier in its violation of this chapter, or in its failure to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement, is subject to a civil penalty of not more than two thousand dollars ($2,000) for each offense.
5460.8.Every person who drives a taxicab in conjunction with providing taxicab transportation services subject to regulation under this chapter and who does not possess a valid taxicab driver permit is guilty of a misdemeanor and is punishable by a fine of not less than ____ dollars ($____) and not more than ____ dollars ($____) or by imprisonment in a county jail for not more than ____ months, or by both that fine and imprisonment.
5460.10.Every violation of this chapter or of any order, decision, rule, regulation, direction, demand, or requirement of the commission by any person is a separate and distinct offense and, in case of a continuing violation, each days continuance thereof is a separate and distinct offense.
5460.12.(a)Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for the operation of a taxicab without a valid permit, the peace officer may impound and retain possession of the vehicle.
(b)If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(c)The vehicle shall immediately be returned to the owner if the violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5460.8 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(d)At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
5460.14.When a person is convicted of the offense of operating a taxicab without a valid permit, in addition to any other penalties provided by law, if the court determines the person has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
5460.16.Whenever the commission, after hearing, finds that any entity is operating as a taxicab carrier without a valid permit in violation of this chapter, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the entity an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission 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 at least once each month in the General Fund.
SEC. 14.Section 120269 of the Public Utilities Code is amended to read:120269.(a)If the board licenses or regulates any transportation service, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 1032.1 or 5457.22 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b)The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code. Code, as that paragraph read on December 31, 2016.
(c)Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
SEC. 15.Section 1808.1 of the Vehicle Code is amended to read:1808.1.(a)The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the drivers current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employers place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(b)The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, drivers license suspensions, drivers license revocations, or any other actions taken against the driving privilege or certificate, added to the drivers record while the employers notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code.
(c)The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employees drivers license has not been suspended or revoked, the employees traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employers principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours.
(d)Upon the termination of a drivers employment, the employer shall notify the department to discontinue the drivers enrollment in the pull-notice system.
(e)For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee.
(f)An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required drivers certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine.
(g)As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section.
(h)(1)A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employers participation in the notification services.
(2)A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision.
(3)The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision.
(i)The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests.
(j)(1)The employer of a driver who is employed as a casual driver is not required to enter that drivers name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the drivers current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver.
(2)For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. Casual driver does not include a driver who operates a vehicle that requires a passenger transportation endorsement.
(k)This section applies to a vehicle for the operation of which the driver is required to have a class A or class B drivers license, a class C license with any endorsement issued pursuant to Section 15278, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission. Commission, or a taxicab as defined in subdivision (d) of Section 545.14 of the Public Utilities Code.
(l)This section shall not be construed to change the definition of employer, employee, or independent contractor for any purpose.
(m)A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.
(n)Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation services as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code.
SEC. 16.Section 12523.6 of the Vehicle Code is amended to read:12523.6.(a)(1)On and after March 1, 1998, no person who is employed primarily as a driver of a motor vehicle that is used for the transportation of persons with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, shall operate that motor vehicle unless that person has in his or her possession a valid drivers license of the appropriate class and a valid special driver certificate issued by the department.
(2)This subdivision only applies to a person who is employed by a business, a nonprofit organization, or a state or local public agency.
(b)The special driver certificate shall be issued only to an applicant who has cleared a criminal history background check by the Department of Justice and, if applicable, by the Federal Bureau of Investigation.
(1)In order to determine the applicants suitability as the driver of a vehicle used for the transportation of persons with developmental disabilities, the Department of the California Highway Patrol shall require the applicant to furnish to that department, on a form provided or approved by that department for submission to the Department of Justice, a full set of fingerprints sufficient to enable a criminal background investigation.
(2)Except as provided in paragraph (3), an applicant shall furnish to the Department of the California Highway Patrol evidence of having resided in this state for seven consecutive years immediately prior to the date of application for the certificate.
(3)If an applicant is unable to furnish the evidence required under paragraph (2), the Department of the California Highway Patrol shall require the applicant to furnish an additional full set of fingerprints. That department shall submit those fingerprint cards to the Department of Justice. The Department of Justice shall, in turn, submit the additional full set of fingerprints required under this paragraph to the Federal Bureau of Investigation for a national criminal history record check.
(4)Applicant fingerprint forms shall be processed and returned to the area office of the Department of the California Highway Patrol from which they originated not later than 15 working days from the date on which the fingerprint forms were received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days.
(5)The applicant shall pay, in addition to the fees authorized in Section 2427, a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol.
(c)A certificate issued under this section shall not be deemed a certification to operate a particular vehicle that otherwise requires a drivers license or endorsement for a particular class under this code.
(d)On or after March 1, 1998, no person who operates a business or a nonprofit organization or agency shall employ a person who is employed primarily as a driver of a motor vehicle for hire that is used for the transportation of persons with developmental disabilities unless the employed person operates the motor vehicle in compliance with subdivision (a).
(e)Nothing in this section precludes an employer of persons who are occasionally used as drivers of motor vehicles for the transportation of persons with developmental disabilities from requiring those persons, as a condition of employment, to obtain a special driver certificate pursuant to this section or precludes any volunteer driver from applying for a special driver certificate.
(f)As used in this section, a person is employed primarily as driver if that person performs at least 50 percent of his or her time worked including, but not limited to, time spent assisting persons onto and out of the vehicle, or at least 20 hours a week, whichever is less, as a compensated driver of a motor vehicle for hire for the transportation of persons with developmental disabilities.
(g)This section does not apply to any person who has successfully completed a background investigation prescribed by law, including, but not limited to, health care transport vehicle operators, or to the operator of a taxicab regulated pursuant to Chapter 8.5 (commencing with Section 21100. 5451) of Division 2 of the Public Utilities Code. This section does not apply to a person who holds a valid certificate, other than a farm labor vehicle driver certificate, issued under Section 12517.4 or 12527. This section does not apply to a driver who provides transportation on a noncommercial basis to persons with developmental disabilities.
SEC. 17.Section 16500 of the Vehicle Code is amended to read:16500.Every owner of a vehicle used in the transportation of passengers for hire, including taxicabs, when the operation of the vehicle is not subject to regulation by the Public Utilities Commission, shall maintain, whenever he or she may be engaged in conducting those operations, proof of financial responsibility resulting from the ownership or operation of the vehicle and arising by reason of personal injury to, or death of, any one person, of at least fifteen thousand dollars ($15,000), and, subject to the limit of fifteen thousand dollars ($15,000) for each person injured or killed, of at least thirty thousand dollars ($30,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least five thousand dollars ($5,000) resulting from any one accident. Proof of financial responsibility may be maintained by either:
(a)Being insured under a motor vehicle liability policy against that liability.
(b)Obtaining a bond of the same kind, and containing the same provisions, as those bonds specified in Section 16434.
(c)By depositing with the department thirty-five thousand dollars ($35,000), which amount shall be deposited in a special deposit account with the Controller for the purpose of this section.
(d)Qualifying as a self-insurer under Section 16053.
The department shall return the deposit to the person entitled thereto when he or she is no longer required to maintain proof of financial responsibility as required by this section or upon his or her death.
SEC. 18.Section 21100 of the Vehicle Code is amended to read:21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters:
(a)Regulating or prohibiting processions or assemblages on the highways.
(b)Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire.
(c)
(b)Regulating traffic by means of traffic officers.
(d)
(c)Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400.
(e)
(d)(1)Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow.
(2)A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f)
(e)Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g)
(f)(1)Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcements limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h)
(g)Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i)
(h)Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)
(i)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k)
(j)(1)Regulating cruising.
(2)The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3)A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A)That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B)The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l)
(k)Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m)
(l)Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n)
(m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1)A valid California drivers license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California drivers license examination administered by the department. The department shall administer, without charging a fee, the original drivers license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the persons name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a drivers license. The department is not required to enter the results of the examination into the computerized record of the persons identification card or otherwise retain a record of the examination or results.
(o)
(n)(1)This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2)This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p)
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2)Paragraph (1) does not apply to any of the following:
(A)Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3)As used in paragraph (2), permanently affixed means any of the following:
(A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
(C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
SEC. 19.Section 21100.4 of the Vehicle Code is amended to read:21100.4.(a)(1)A magistrate presented with the affidavit of a peace officer or a designated local transportation officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of licensing requirements adopted by a local authority under subdivision (b) of Section 21100 Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code shall issue a warrant or order authorizing the peace officer or designated local transportation officer to immediately seize and cause the removal of the vehicle. As used in this section, designated local transportation officer means any local public officer employed by a local authority to investigate and enforce local taxicab and vehicle for hire laws and regulations.
(2)The warrant or court order may be entered into a computerized database.
(3)A vehicle so impounded may be impounded for a period not to exceed 30 days.
(4)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(C)When the vehicle is a rental car.
(2)A vehicle may not be released under this subdivision, except upon presentation of the registered owners or agents currently valid license permit to operate the vehicle under the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency.
(5)Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer or designated local transportation officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents.
(B)The legal owner or the legal owners agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents.
(C)All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
(D)An administrative cost authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or any agents of the registered owner until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid drivers license or valid temporary drivers license, and an operators license permit that is in compliance with the licensing requirements adopted by the local authority under subdivision (b) of Section 21100, of Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code, to the legal owner or the legal owners agent. The legal owner or the legal owners agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the licenses license and permit presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a civil penalty in the amount of two thousand dollars ($2,000).
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(h)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent if the release complies with this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
SEC. 20.Section 27908 of the Vehicle Code is amended to read:27908.(a)In every taxicab operated in this state there shall be a sign of heavy material, not smaller than 6 inches by 4 inches, or such other size as the agency regulating the operation of the taxicab Public Utilities Commission provides for other notices or signs required to be in every taxicab, securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:
(1)The name, address, and telephone number of the agency regulating applicable unit of the Public Utilities Commission that regulates the operation of the taxicab.
(2)The name, address, and telephone number of the firm licensed or controlled taxicab carrier that has been issued a permit to provide taxicab transportation services by the agency regulating the operation of the taxicab. Public Utilities Commission.
(b)In the event more than one local regulatory agency has jurisdiction over the operation of the taxicab, the notice required by paragraph (1) of subdivision (a) shall provide the name, address, and telephone number of the agency having jurisdiction in the area where the taxicab operator conducts its greatest volume of business; or, if this cannot readily be ascertained, the agency having jurisdiction in the area where the taxicab operator maintains its offices or primary place of business, provided that the operator conducts a substantial volume of business in such area; or, if neither of the foregoing provisions apply, any agency having jurisdiction of an area where the taxicab operator conducts a substantial volume of business.
(c)
(b)As used in this section, taxicab means a passenger motor vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. hire as part of taxicab transportation services regulated pursuant to Chapter 8.5 (commencing with Section 5451) of Division 2 of the Public Utilities Code. Taxicab shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers Act, Chapter Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. Code.)
SEC. 21.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 19607.2 of the Business and Professions Code is amended to read:19607.2.Notwithstanding Section 19605.8, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern zone, an amount not to exceed 2 percent of the total amount handled by all of those satellite wagering facilities, shall be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners premiums and instead distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen and horsewomen, for use pursuant to Section 19607.3. A vote of the organization representing thoroughbred horsemen and horsewomen shall constitute 50 percent of all voting interests on the board of the organization formed and operated to administer the fund. The other 50 percent of all voting interests shall be allocated among thoroughbred racing associations and fairs conducting thoroughbred racing in a manner that provides meaningful representation on the governing board of the organization for thoroughbred racing associations and fairs conducting thoroughbred racing, except as provided in subdivision (h) of Section 19607.3.
SEC. 2.Section 19607.3 of the Business and Professions Code is amended to read:19607.3.(a)Notwithstanding Section 19535, the funds distributed to the organization formed pursuant to Section 19607.2 shall be used to pay the organizations expenses and compensate the provider of a board-approved auxiliary offsite facility for stabling, training, and vanning of thoroughbred horses in the northern zone. The organization administering the auxiliary offsite stabling and training facility and vanning program shall submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year. Neither the organization administering the auxiliary offsite stabling and training facility and vanning program nor any of the entities forming and operating the organization, except the entity operating the auxiliary offsite stabling and training facility where the injury occurred, shall be liable for any injury to any jockey, exercise person, owner, trainer, or any employee or agent thereof, or any horse occurring at any auxiliary offsite stabling and training facility.
(b)The funds shall also be used to cover all or part of the cost of vanning thoroughbred horses from a board-approved auxiliary offsite stabling and training facility to the track to start in a thoroughbred race at a thoroughbred or fair racing meeting in the northern zone. The organization shall determine the extent of and manner in which compensation will be paid for thoroughbred horses that are vanned from the auxiliary facility to the track or the fair conducting the thoroughbred or fair racing meeting. Neither the organization administering the auxiliary offsite stabling and training facility and vanning program nor any of the entities forming and operating the organization, except an entity actually engaged in vanning horses, is liable for any injury occurring to any individual or horse during vanning from an offsite stabling and training facility.
(c)The auxiliary offsite stabling and training facilities and the amenities provided for offsite stabling and training purposes shall be substantially equivalent in character to those provided by the thoroughbred racing association or fair conducting the racing meeting.
(d)In order to ensure the long-term availability of facilities for offsite stabling and training, the organization may enter into multiyear contracts for auxiliary facilities in the northern zone. The organization shall submit to the board for its approval the multiyear contracts that it enters into with providers of auxiliary facilities for offsite stabling and training. Contracts not disapproved by the board within 60 days of submittal to the board shall be deemed to have been approved by the board.
(e)At the request of the board, the organization shall submit a report detailing all of its receipts and expenditures over the prior two fiscal years and, upon request of any party within the organization, those receipts and expenditures shall be audited by the board.
(f)In addition to the uses of the funds described in subdivisions (a) and (b), the organization may use the funds for both of the following:
(1)Maintain a reserve fund of up to 10 percent of the total estimated annual vanning and auxiliary offsite stabling and training facility costs. In addition to the reserve fund, if the funds generated for the auxiliary offsite stabling and training facilities and vanning are insufficient to fully cover the expenses incurred, the organization may, in the future, accumulate sufficient funds to fully cover those expenses.
(2)Pay back commissions, purses, and owners premiums to the extent the deductions made pursuant to Section 19607.2 exceed in any year the amount of funds necessary to achieve the objectives of the organization.
(g)The amount initially deducted and distributed to the organization pursuant to Section 19607.2 may, at the request of the organization, be adjusted by the board, in its discretion. However, the adjusted amount may not exceed 2 percent of the total amount handled by satellite wagering facilities. The amount deducted and distributed to the organization as adjusted by the board may be a different percentage of the handle for different associations and fairs conducting thoroughbred racing meetings in the northern zone, but only if all the associations and fairs agree to the differing percentages.
(h)A thoroughbred racing association or fair in the northern zone that is able to provide the minimum number of stalls required by its racing meeting license without the use of any auxiliary offsite stabling and training facility and vanning program may opt out of that program, in which case the deduction described in Section 19607.2 shall not apply during the live racing meeting conducted by the association or fair until such time as the association or fair opts back into the auxiliary offsite stabling and training facility and vanning program. Any thoroughbred racing association or fair in the northern zone that opts out of the auxiliary offsite stabling and training facility and vanning program shall not have any voting interest therein until such time as the association or fair opts back into the program. The organization shall establish reasonable procedures and timelines for the giving of notice to the organization by a thoroughbred racing association or fair that elects to opt out of the auxiliary offsite stabling and training facility and vanning program.
(i)The board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling, training, or vanning. Notwithstanding any other law, the board shall maintain all powers necessary and proper to ensure that offsite stabling, training, and vanning, as provided for in this article, is conducted in a manner that protects the public and serves the best interests of horse racing.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
At current levels, there are insufficient funds to maintain an auxiliary offsite stabling and training facility and vanning program at racing meetings of thoroughbred horses conducted by thoroughbred racing associations or fairs. Therefore, in order to raise sufficient funds before the winter thoroughbred horse racing season begins, it is necessary that this act take effect immediately.
Notwithstanding Section 19605.8, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern zone, an amount not to exceed 1.25 2 percent of the total amount handled by all of those satellite wagering facilities, shall be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners premiums and instead distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen, with each party having meaningful representation horsemen and horsewomen, for use pursuant to Section 19607.3. A vote of the organization representing thoroughbred horsemen and horsewomen shall constitute 50 percent of all voting interests on the board of the organization, to administer, pursuant organization formed and operated to supervision of administer the board, a fund to provide reimbursement for offsite stabling at board-approved auxiliary training facilities of fund. The other 50 percent of all voting interests shall be allocated among thoroughbred racing associations or and fairs for additional stalls beyond the number of usable stalls the association is required to make available and maintain pursuant to Section 19535, conducting thoroughbred racing in a manner that provides meaningful representation on the governing board of the organization for starter fees thoroughbred racing associations and for the vanning of starters from these additional stalls on race days for thoroughbred horses. fairs conducting thoroughbred racing, except as provided in subdivision (h) of Section 19607.3.
SEC. 2.Section 19607.3 of the Business and Professions Code is amended to read:19607.3.(a)The Notwithstanding Section 19535, the funds distributed to the organization formed pursuant to Section 19607.2 shall be used to reimburse racing associations that are operating offsite stabling providing additional stalls pay the organizations expenses and compensate the provider of a board-approved auxiliary offsite facility for stabling, training, and vanning of thoroughbred horses in the northern zone. The organization administering the auxiliary offsite stabling and training facility and vanning program shall submit its proposed financial and operational plans for the incremental increase in operating costs directly resulting from providing the stabling. upcoming calendar year to the board for review no later than November 1 of the preceding year. Neither the organization administering the auxiliary offsite stabling and training facility and vanning program nor any of the entities forming and operating the organization, except the entity operating the auxiliary offsite stabling and training facility where the injury occurred, shall be liable for any injury to any jockey, exercise person, owner, trainer, or any employee or agent thereof, or any horse occurring at any auxiliary offsite stabling and training facility.
(b)The funds shall also be used to reimburse horsemen for cover all or part of the cost of vanning starting thoroughbred horses from a board-approved auxiliary training facility operated by a racing association or fair offsite stabling and training facility to the track conducting the racing meeting. Horsemen may use carriers of their own choice, except that to start in a thoroughbred race at a thoroughbred or fair racing meeting in the amount northern zone. The organization shall determine the extent of reimbursement to horsemen is limited to the amount and manner in which compensation will be paid for thoroughbred horses that the organization determines is generally charged by carriers for vanning are vanned from the auxiliary training facility to the track or the fair conducting the thoroughbred or fair racing meeting. Neither the organization administering the auxiliary offsite stabling and training facility and vanning program nor any of the entities forming and operating the organization, except the an entity actually engaged in vanning horses, is liable for any injury occurring to any individual or horse during vanning from an offsite stabling and training facility.
(c)The training auxiliary offsite stabling and training facilities and the amenities provided for offsite stabling and training purposes shall be substantially equivalent in character to those provided during by the thoroughbred racing meetings of association or fair conducting the association. racing meeting.
(d)In order to ensure the long-term availability of facilities for offsite stabling and training, the organization may enter into multiyear contracts for auxiliary facilities in the northern zone. The organization shall submit to the board for its approval the multiyear contracts that it enters into with providers of auxiliary facilities for offsite stabling and training. Contracts not disapproved by the board within 60 days of submittal to the board shall be deemed to have been approved by the board.
(e)At the request of the board, the organization shall submit a report detailing all of its receipts and expenditures over the prior two fiscal years and, upon request of any party within the organization, those receipts and expenditures shall be audited by the board.
(d)Upon the request of any party within the organization, the board shall adjudicate any dispute regarding costs, or other matters relating
(f)In addition to the furnishing uses of offsite stabling or vanning. The board may, if necessary, appoint an independent auditor to assist the funds described in the resolution of disputes. The auditor shall be reimbursed from the subdivisions (a) and (b), the organization may use the funds for both of the organization. following:
(e)The organization may maintain
(1)Maintain a reserve fund of up to 10 percent of the total estimated annual vanning and auxiliary offsite stabling and training facility costs. In addition to the reserve fund, if the funds generated for the auxiliary offsite stabling and training facilities and vanning are insufficient to fully reimburse racing associations or fairs for expenses incurred during cover the offsite vanning and stabling program, expenses incurred, the organization may may, in the future, accumulate sufficient funds to fully reimburse cover those associations or fairs for those expenses.
(2)Pay back commissions, purses, and owners premiums to the extent the deductions made pursuant to Section 19607.2 exceed in any year the amount of funds necessary to achieve the objectives of the organization.
(f)
(g)The amount initially deducted and distributed to the organization shall be 0.5 percent of the total amount handled by satellite wagering facilities authorized under this article in the northern zone on thoroughbred racing, but that allocation may pursuant to Section 19607.2 may, at the request of the organization, be adjusted by the board, in its discretion. However, the adjusted amount may not exceed 1.25 2 percent of the total amount handled by satellite wagering facilities, facilities. The amount deducted and distributed to pay expenses the organization as adjusted by the board may be a different percentage of the handle for different associations and maintain fairs conducting thoroughbred racing meetings in the reserve fund for northern zone, but only if all the continuing support of associations and fairs agree to the program. differing percentages.
(h)A thoroughbred racing association or fair in the northern zone that is able to provide the minimum number of stalls required by its racing meeting license without the use of any auxiliary offsite stabling and training facility and vanning program may opt out of that program, in which case the deduction described in Section 19607.2 shall not apply during the live racing meeting conducted by the association or fair until such time as the association or fair opts back into the auxiliary offsite stabling and training facility and vanning program. Any thoroughbred racing association or fair in the northern zone that opts out of the auxiliary offsite stabling and training facility and vanning program shall not have any voting interest therein until such time as the association or fair opts back into the program. The organization shall establish reasonable procedures and timelines for the giving of notice to the organization by a thoroughbred racing association or fair that elects to opt out of the auxiliary offsite stabling and training facility and vanning program.
(i)The board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling, training, or vanning. Notwithstanding any other law, the board shall maintain all powers necessary and proper to ensure that offsite stabling, training, and vanning, as provided for in this article, is conducted in a manner that protects the public and serves the best interests of horse racing.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
At current levels, there are insufficient funds to maintain an auxiliary offsite stabling and training facility and vanning program at racing meetings of thoroughbred horses conducted by thoroughbred racing associations or fairs. Therefore, in order to raise sufficient funds before the winter thoroughbred horse racing season begins, it is necessary that this act take effect immediately.
SECTION 1.Section 19596.2 of the Business and Professions Code is amended to read:19596.2.(a)Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:
(1)Races imported for wagering purposes pursuant to subdivision (c).
(2)Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.
(3)Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.
(4)Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.
(b)Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.
(c)No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in Orange or Sacramento Counties.
(a)Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:
(1)Races imported for wagering purposes pursuant to subdivision (c).
(2)Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.
(3)Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.
(4)Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.
(b)Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.
(c)No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in Orange or Sacramento Counties.
|
Date
|
Status
|
|---|---|
| Aug 31, 2016 | From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 2.) (August 31). |
| Aug 1, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 28). |
| Aug 2, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 8, 2016 | Referred to APPR. suspense file. |
| Aug 11, 2016 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 11). |
| Aug 15, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 23, 2016 | Re-referred to Com. on RLS. |
| Aug 31, 2016 | (Ayes 39. Noes 0. Page 5580.) |
| Aug 31, 2016 | Assembly Rule 63 suspended. |
| Aug 31, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| Jun 23, 2016 | Read second time and amended. Re-referred to Com. on T. & H. |
| Aug 31, 2016 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 31, 2016 | Joint Rule 62(a), file notice suspended. |
| Aug 31, 2016 | Ordered to third reading. |
| Aug 31, 2016 | Re-referred to Com. on TRANS. pursuant to Assembly Rule 77.2. |
| Aug 31, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 31, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 7. Page 5588.). |
| Aug 31, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 31, 2016 | Senate Rule 29.3 (b) suspended. |
| Aug 31, 2016 | Senate Rule 29.3(b) suspended. (Ayes 39. Noes 0. Page 5563.) |
| Aug 31, 2016 | Withdrawn from committee. |
| Sep 9, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Sep 2, 2015 | From inactive file. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
| Mar 9, 2015 | Referred to Com. on G.O. |
| May 7, 2015 | From committee: Do pass. (Ayes 18. Noes 0.) (May 6). |
| May 11, 2015 | Read second time. Ordered to third reading. |
| May 14, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1442.) |
| May 28, 2015 | Referred to Com. on G.O. |
| Jun 9, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (June 9). |
| Jun 10, 2015 | Read second time. Ordered to Consent Calendar. |
| Jun 11, 2015 | Ordered to inactive file at the request of Senator Hall. |
| Feb 24, 2015 | Read first time. To print. |
| Sep 2, 2015 | Ordered to second reading. |
| Sep 3, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 8, 2015 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c) . |
| Sep 8, 2015 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c) . |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Apr 14, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| Apr 28, 2016 | Re-referred to Coms. on E., U., & C. and T. & H. |
| May 27, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C. |
| Jun 22, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on T. & H. (Ayes 9. Noes 0.) (June 13). |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2016 | AB 650 LOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2016 | W/O REF. TO FILE AB650 Low By Cannella | Senate Floor |
Passed |
|
| Aug 31, 2016 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Transportation |
Passed |
|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 8, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jun 13, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Transportation and Housing] | Senate Standing Committee on Energy, Utilities and Communications |
Passed |
|
| Jun 9, 2015 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 14, 2015 | AB 650 PEREA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 6, 2015 | Do pass. | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aaron Read & Associates | * Support | Jun 28, 2016 |
| American Cab | ** Support | Aug 31, 2016 |
| An individual | ** Against | Aug 31, 2016 |
| Beverly Hills Cab | * Against Unless Amend | Jun 28, 2016 |
| Cab Driver | * Support | Jun 13, 2016 |
| California Authority Of Racing Fairs | ** Support | Jun 13, 2016 |
| California regional council of the Taxi Workers Alliance | ** Against | Jun 28, 2016 |
| California Regional Council Taxi Workers Alliance | ** Against | Aug 31, 2016 |
| City and County of San Francisco | * Indeterminate | Jun 13, 2016 |
| CityWide | ** Support | Aug 31, 2016 |
| Fiesta Taxi | ** Support | Aug 31, 2016 |
| Flywheel Taxi | ** Against | Jun 28, 2016 |
| Green Cab of San Jose | ** Against | Jun 28, 2016 |
| LA Yellow Taxi Cab | * Support | Jun 28, 2016 |
| League Of California Cities | ** Against | Aug 31, 2016 |
| Monterey Peninsula Taxi Workers Association | * Against | Jun 28, 2016 |
| Sacramento Taxicab Driver | * Support | Jun 13, 2016 |
| Sacramento, County Of | * Against Unless Amend | Jun 28, 2016 |
| San Francisco Cab Driver | * Against | Jun 13, 2016 |
| San Francisco Municipal Transportation Agency | * Indeterminate | Jun 28, 2016 |
| San Francisco Taxi Cab Driver | * Support | Jun 13, 2016 |
| San Francisco Taxi Cab Driver | * Against | Jun 13, 2016 |
| San Francisco Taxi Workers Alliance | * Against Unless Amend | Jun 28, 2016 |
| San Francisco Yellow Cab | * Against | Jun 28, 2016 |
| Santa Clara Taxi Cab Driver | * Support | Jun 13, 2016 |
| Silicon Valley Cab Company, Inc. | ** Support | Aug 31, 2016 |
| SouthBay Yellow Cab Co-Op | ** Support | Jun 28, 2016 |
| taxi cab operator | * Against | Jun 13, 2016 |
| Taxi Paratransit Association of California | ** Support | Aug 31, 2016 |
| Taxi Workers Alliance of Silicon Valley | ** Against | Jun 28, 2016 |
| Taxicab Paratransit Association | * Support | Jun 28, 2016 |
| Taxicab Paratransit Association of California | ** Support | Aug 31, 2016 |
| USA Cab LTD | ** Against | Aug 31, 2016 |
| Yellow Cab of Los Angeles | ** Support | Aug 31, 2016 |
| Yellow Cab Sacramento | * Against Unless Amend | Jun 28, 2016 |
| Yellow Checker and Cab Company, Inc. | ** Support | Jun 13, 2016 |
| Yellow Checker Cab Company | * Support | Jun 13, 2016 |
GOVERNOR'S VETO
GV Bill Id:AB 650
Author:(Low)
As Enrolled Ver:September 9, 2016
2/3 vote
ASSEMBLY: |
| (May 14, 2015) | SENATE: | 27-7 | (August 31, 2016) |
(vote not relevant)
COMMITTEE VOTE: | 9-2 | (August 31, 2016) | RECOMMENDATION: | concur |
(Trans.)
ASSEMBLY: | 57-12 | (August 31, 2016) |
Original Committee Reference: G.O.
SUMMARY: Prohibits cities and counties from creating additional rules and regulations on taxicab transportation services, as specified, and states the intent of the Legislature that the regulation of taxicab transportation services and taxicab drivers be consolidated with other modes of for-hire transportation regulated by the state.
The Senate amendments delete the Assembly version of the bill and instead:
- Sunset the existing authority of every city and county, except for the city and county of San Francisco, to regulate taxicab transportation services operated within the jurisdiction of the city or county upon notification from the Directory of Finance to the Speaker of the Assembly and the President Pro Tem of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission (CPUC) to other agencies, if taxicab transportation services are included in that reorganization.
- Provide that taxicab transportation services and taxicab drivers shall be subject to rules and regulations adopted by a city or a county as those rules and regulations existed on July 1, 2016, except for in the city and county of San Francisco, with the following exceptions:
- Prohibit service charges, fees, or assessments levied on a taxicab company from exceeding the amount annually required per taxi vehicle as of July 1, 2016, and prohibits new or additional service charges, fees, or assessments from being created.
- Prohibit fees for the issuance of taxi driver permits from exceeding $75 annually.
- Prohibit a city or county from limiting or prohibiting prearranged trips, originated through dispatch, an Internet Web site, or online application, by licensed taxicabs.
- Authorize a city or county to limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails.
- Authorize a city or county to set a maximum fare structure for taxicab transportation services, with maximum fares not lower than the fares existing on July 1, 2016, and the ability for a taxicab transportation service to offer fares lower than the maximum fare structure.
- Prohibit a city or county from regulating the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering, require taxicab companies to disclose fares, fees, or rates to the customer before the customer accepts the ride, and authorize a taxicab company to disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
- Require local rules and regulations adopted prior to July 1, 2016, ensuring adequate service levels to all areas of a city or county's jurisdiction and promoting the use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 to remain in effect.
- State the intent of the Legislature as the following: that the regulation of taxicab transportation services be modernized in order for taxicabs to better compete with all for-hire modes of transportation; that taxicab regulation be moved from local authorities to one state agency coinciding with the Governor's reorganization of transportation; that duties and responsibilities for the regulation of taxicab transportation services be established by state departments that handle all other modes of for-hire transportation; that the Governor propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation; that conforming changes be made in existing law; and that a city or county not impose any rule or regulation governing taxicab transportation service that are inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation.
- Make findings and declarations relating to the relative levels of regulation between taxicab transportation services and other modes of for-hire transportation.
EXISTING LAW:
- Requires every city or county to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation services rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
- States that each city or county is required to provide for, but is not limited to providing for, all of the following:
- A policy for entry into the business of providing taxicab transportation service, as specified;
- The establishment or registration of rates for the provision of taxicab transportation service; and,
- A mandatory controlled substance and alcohol testing certification program.
- Authorizes each city or county to levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services.
- Authorizes each city or county to adopt additional requirements for a taxicab to operate in its jurisdiction.
- Generally vests the CPUC with regulatory authority over specified modes of for-hire transportation, including passenger stage corporations, transportation network companies (TNCs) and other charter-party carriers.
AS PASSED BY THE ASSEMBLY, this bill added the "Blue Grass Stakes" to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
FISCAL EFFECT: Unknown
COMMENTS: Existing law requires local governments to regulate taxicab transportation services. Under this requirement, cities and counties can tailor their local rules and regulations to the specific needs and conditions of their particular jurisdictions. By contrast, other forms of for-hire transportation that provide generally similar services, such as TNCs, are regulated at the state level by the CPUC. This results in uniform standards statewide for those carriers and irregular standards for taxicabs that vary from local jurisdiction to local jurisdiction.
In response to what the author characterizes as a "severe competitive disadvantage" inflicted upon taxicabs by "patchwork" local regulation, this bill would sunset the authority of cities and counties to regulate taxicab transportation services and freeze those regulations as they exist on taxicabs today. Under this bill, fees for the issuance of taxi driver permits would be capped, and local authorities would be prohibited from regulating the pickup and drop off of prearranged taxicab trips, consistent with the treatment of other forms of for-hire transportation regulated at the state level. Cities and counties would still be allowed to enforce existing local requirements on ensuring adequate service levels to all areas in their jurisdictions and to individuals covered under the Americans with Disabilities Act.
This prohibition on local regulation would not apply to the city and county of San Francisco, due to the infringement on the property rights associated with their unique taxi medallion system.
In June of 2016, the Governor announced his intention to transfer functions relating to the regulation of for-hire transportation from the CPUC to the California State Transportation Agency (CalSTA) and its constituent departments, including the Department of Motor Vehicles (DMV) and the California Highway Patrol (CHP), through the Governor's Reorganization Plan process (GRP). This bill would state the intent of the Legislature that the regulation of taxicab transportation services be included in the GRP and that taxicabs be regulated by the same state agency that regulates all other forms of for-hire transportation. Details relating to the GRP have yet to be announced, although the process is expected to begin in early 2017.
Due to the uncertainty relating to the timeline of the GRP process, it is unclear when CalSTA will be vested with the authority and requirement to regulate for-hire transportation services. If the Governor chooses to include the transfer of taxicab regulation to the state level in the GRP and its subsequent policy changes, as stated in the declaration of the Legislature's intent of this bill, CalSTA and its departments would then have to evaluate the myriad existing local regulations and requirements and adapt them into a statewide regulatory scheme, while also adopting the necessary regulations needed to transfer CPUC's regulatory framework to CHP and DMV, as initially proposed by the Governor. This process could be a lengthy one. Between awaiting the completion of the GRP process and the implementation of all subsequent, conforming legislative and regulatory changes, the time for which taxicabs would be subject only to the local regulations that existed as of July 1, 2016, and the exceptions set forth in this bill – with no possibility of further local regulation – could be months or even years.
While the period in which taxicab regulations would be frozen may be long, it may be worth it to level the playing field between taxis and other modes of for-hire transportation.
The League of California Cities has expressed strong opposition to limiting taxicab transportation service regulation by local authorities, as such an action restricts the ability of cities and counties to address local transportation needs and cover the cost of enforcement. Additionally, while the Taxicab Paratransit Association of California supports this bill, some elements of the taxicab industry believe easing the geographic requirements on the origin of trips will give certain taxicab companies unfair advantages over others.
I am returning Assembly Bill 650 without my signature.
This bill removes significant regulation of taxicabs by cities and counties and declares the intent of the Legislature to transfer the regulation of taxicabs to the state.
This bill fundamentally alters the long-standing regulation of taxicabs by cities and counties and makes the determination that this responsibility should be shifted to the state. I do not believe that such a massive change is justified.
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0005127
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 650
:
PRIOR VOTES NOT RELEVANT
SENATE ENERGY, U. & C. COMMITTEE: 9-0, 6/13/16
AYES: Hueso, Morrell, Cannella, Gaines, Hertzberg, Hill, Lara, Leyva, McGuire
NO VOTE RECORDED: Pavley, Wolk
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Leyva, McGuire
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SUBJECT: transportation services
SOURCE: Taxicab Paratransit Association of California
DIGEST: This bill removes some regulation of taxis, freezes local taxi permitting fees, and allows licensed taxis to pick up prearranged fares in any city.
ANALYSIS: Existing law requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service and establishes minimum rules for drivers, including testing for controlled substances.
This bill:
- Makes the above requirements inapplicable when the Director of the Department of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the California Public Utilities Commission (CPUC) to other agencies, if taxicabs are included in that reorganization.
- Establishes rules regarding regulation of taxicabs by local governments:
- The charges, fees and assessments levied on taxicab companies may not exceed those in effect on July 1, 2016. No new charges may be created.
- Fees for the issuance of taxi driver permits shall not exceed $75 annually.
- Cities or counties may not limit prearranged trips by licensed taxicabs.
- Cities or counties may limit the number of taxicab companies that use taxi stands, pick up passengers at airports, or pick up street hails.
- Cities or counties may establish maximum fare structures. The maximum fares shall not be lower than the fares that existed on July 1, 2016. Cities and counties may not limit the ability of a taxicab to offer fares lower than the maximum.
- Cities or counties may not regulate the type of device used by taxicabs to calculate fares.
- Exempts the City and County of San Francisco from all the bill’s provisions.
- Establishes legislative intent that:
- The regulation of taxicabs should be modernized and moved to one state agency that has responsibility for all modes of for-hire transportation,
- The Governor propose specific budget and statutory changes to effect this intent, and
- Local governments not impose any regulations inconsistent with or in addition to the requirements established by the state agency that handles all other modes of for-hire transportation.
Comments
- CPUC. The CPUC has the responsibility for regulating transportation companies including Transportation Network Companies (TNCs), such as Lyft and Uber, but excluding taxis. Over the summer the Governor and legislators announced their intention of moving the regulation of TNCs to the State Transportation Agency, leading to uncertainty as to the regulatory home for taxis. In the meantime, the taxi industry is suffering from substantial competitive losses to TNCs, with some estimates of revenue losses in excess of 40%.
- Regulatory flexibility. This bill provides taxis with pricing flexibility, subject to a maximum fare that can’t be lower than that in effect on July 1, 2016. It also limits the fees that cities can charge taxis, freezing them at levels in effect on July 1, 2016, and specifically limiting the annual fee for issuing a taxi driver permit at $75.
- Deadheading. The bill addresses the issue of deadheading, the circumstance where a taxi takes a fare to another city but cannot pick up a return fare, by requiring cities to allow all prearranged trips by licensed taxis.
- Concerns. The City of Los Angeles has raised concerns with prior versions of the bill that established specified dollar limits for certain fees because it would limit their ability to fund taxi regulation enforcement programs. This version of the bill freezes most city taxi fees at levels of July 1, 2016, which may mitigate this problem. The city is also concerned that the bill would hurt low income communities, which it believes receive poorer service than other parts of the city. That concern may be misplaced because this bill provides that local rules ensuring adequate service levels to all parts of a city, or that promote the use of taxicab service by individuals covered under the Americans with Disabilities Act, remain in effect.
The League of California Cities opposes the bill. They believe the cap on taxi fees and charges is arbitrary and unnecessary, as these fees are already restricted to the cost of providing the service. They are also concerned about the future loss of regulatory authority as taxi regulation is eventually transferred to a state entity.
The Sacramento Yellow Cab Co. has raised concerns with earlier versions of the deadheading provisions of the bill. They support language which permits taxis to take prearranged return fares to the city in which the trip originated. The language in this bill is broader, permitting taxis to take any prearranged fares irrespective of the origin of the trip.
The California Airports Council was opposed to an earlier version of the bill which deleted the requirement for Department of Justice live scan background checks for taxi drivers. That concern should no longer be relevant as the bill does not impact the current local government rules requiring background checks for taxi drivers.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Taxicab Paratransit Association of California (source)
OPPOSITION: (Verified 8/31/16)
League of California Cities
8/31/16 17:31:00
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 650
:
PRIOR VOTES NOT RELEVANT
SENATE ENERGY, U. & C. COMMITTEE: 9-0, 6/13/16
AYES: Hueso, Morrell, Cannella, Gaines, Hertzberg, Hill, Lara, Leyva, McGuire
NO VOTE RECORDED: Pavley, Wolk
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Leyva, McGuire
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SUBJECT: transportation services
SOURCE: Taxicab Paratransit Association of California
DIGEST: This bill removes some regulation of taxis, freezes local taxi permitting fees, and allows licensed taxis to pick up prearranged fares in any city.
ANALYSIS: Existing law requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service and establishes minimum rules for drivers, including testing for controlled substances.
This bill:
- Makes the above requirements inapplicable when the Director of the Department of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the California Public Utilities Commission (CPUC) to other agencies, if taxicabs are included in that reorganization.
- Establishes rules regarding regulation of taxicabs by local governments:
- The charges, fees and assessments levied on taxicab companies may not exceed those in effect on July 1, 2016. No new charges may be created.
- Fees for the issuance of taxi driver permits shall not exceed $75 annually.
- Cities or counties may not limit prearranged trips by licensed taxicabs.
- Cities or counties may limit the number of taxicab companies that use taxi stands, pick up passengers at airports, or pick up street hails.
- Cities or counties may establish maximum fare structures. The maximum fares shall not be lower than the fares that existed on July 1, 2016. Cities and counties may not limit the ability of a taxicab to offer fares lower than the maximum.
- Cities or counties may not regulate the type of device used by taxicabs to calculate fares.
- Exempts the City and County of San Francisco from all the bill’s provisions.
- Establishes legislative intent that:
- The regulation of taxicabs should be modernized and moved to one state agency that has responsibility for all modes of for-hire transportation,
- The Governor propose specific budget and statutory changes to effect this intent, and
- Local governments not impose any regulations inconsistent with or in addition to the requirements established by the state agency that handles all other modes of for-hire transportation.
Comments
- CPUC. The CPUC has the responsibility for regulating transportation companies including Transportation Network Companies (TNCs), such as Lyft and Uber, but excluding taxis. Over the summer the Governor and legislators announced their intention of moving the regulation of TNCs to the State Transportation Agency, leading to uncertainty as to the regulatory home for taxis. In the meantime, the taxi industry is suffering from substantial competitive losses to TNCs, with some estimates of revenue losses in excess of 40%.
- Regulatory flexibility. This bill provides taxis with pricing flexibility, subject to a maximum fare that can’t be lower than that in effect on July 1, 2016. It also limits the fees that cities can charge taxis, freezing them at levels in effect on July 1, 2016, and specifically limiting the annual fee for issuing a taxi driver permit at $75.
- Deadheading. The bill addresses the issue of deadheading, the circumstance where a taxi takes a fare to another city but cannot pick up a return fare, by requiring cities to allow all prearranged trips by licensed taxis.
- Concerns. The City of Los Angeles has raised concerns with prior versions of the bill that established specified dollar limits for certain fees because it would limit their ability to fund taxi regulation enforcement programs. This version of the bill freezes most city taxi fees at levels of July 1, 2016, which may mitigate this problem. The city is also concerned that the bill would hurt low income communities, which it believes receive poorer service than other parts of the city. That concern may be misplaced because this bill provides that local rules ensuring adequate service levels to all parts of a city, or that promote the use of taxicab service by individuals covered under the Americans with Disabilities Act, remain in effect.
The League of California Cities opposes the bill. They believe the cap on taxi fees and charges is arbitrary and unnecessary, as these fees are already restricted to the cost of providing the service. They are also concerned about the future loss of regulatory authority as taxi regulation is eventually transferred to a state entity.
The Sacramento Yellow Cab Co. has raised concerns with earlier versions of the deadheading provisions of the bill. They support language which permits taxis to take prearranged return fares to the city in which the trip originated. The language in this bill is broader, permitting taxis to take any prearranged fares irrespective of the origin of the trip.
The California Airports Council was opposed to an earlier version of the bill which deleted the requirement for Department of Justice live scan background checks for taxi drivers. That concern should no longer be relevant as the bill does not impact the current local government rules requiring background checks for taxi drivers.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Taxicab Paratransit Association of California (source)
OPPOSITION: (Verified 8/31/16)
League of California Cities
8/31/16 20:33:24
**** END ****
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 650
Author:(Low)
As Amended Ver:August 31, 2016
Majority vote
ASSEMBLY: |
|
| SENATE: | 27-7 | (August 31, 2016) |
(vote not relevant)
COMMITTEE VOTE: | 9-2 | (August 31, 2016) | RECOMMENDATION: | concur |
Trans.
Original Committee Reference: G.O.
SUMMARY: Prohibits cities and counties from creating additional rules and regulations on taxicab transportation services, as specified, and states the intent of the Legislature that the regulation of taxicab transportation services and taxicab drivers be consolidated with other modes of for-hire transportation regulated by the state.
The Senate amendments delete the Assembly version of the bill and instead:
- Sunset the existing authority of every city and county, except for the city and county of San Francisco, to regulate taxicab transportation services operated within the jurisdiction of the city or county upon notification from the Directory of Finance to the Speaker of the Assembly and the President Pro Tem of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission (CPUC) to other agencies, if taxicab transportation services are included in that reorganization.
- Provide that taxicab transportation services and taxicab drivers shall be subject to rules and regulations adopted by a city or a county as those rules and regulations existed on July 1, 2016, except for in the city and county of San Francisco, with the following exceptions:
- Prohibit service charges, fees, or assessments levied on a taxicab company from exceeding the amount annually required per taxi vehicle as of July 1, 2016, and prohibits new or additional service charges, fees, or assessments from being created.
- Prohibit fees for the issuance of taxi driver permits from exceeding $75 annually.
- Prohibit a city or county from limiting or prohibiting prearranged trips, originated through dispatch, an Internet Web site, or online application, by licensed taxicabs.
- Authorize a city or county to limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails.
- Authorize a city or county to set a maximum fare structure for taxicab transportation services, with maximum fares not lower than the fares existing on July 1, 2016, and the ability for a taxicab transportation service to offer fares lower than the maximum fare structure.
- Prohibit a city or county from regulating the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering, require taxicab companies to disclose fares, fees, or rates to the customer before the customer accepts the ride, and authorize a taxicab company to disclose fares, fees, or rates on its Internet Web site or cellular telephone application.
- Require local rules and regulations adopted prior to July 1, 2016, ensuring adequate service levels to all areas of a city or county's jurisdiction and promoting the use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 to remain in effect.
- State the intent of the Legislature as the following: that the regulation of taxicab transportation services be modernized in order for taxicabs to better compete with all for-hire modes of transportation; that taxicab regulation be moved from local authorities to one state agency coinciding with the Governor's reorganization of transportation; that duties and responsibilities for the regulation of taxicab transportation services be established by state departments that handle all other modes of for-hire transportation; that the Governor propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation; that conforming changes be made in existing law; and that a city or county not impose any rule or regulation governing taxicab transportation service that are inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation.
- Make findings and declarations relating to the relative levels of regulation between taxicab transportation services and other modes of for-hire transportation.
EXISTING LAW:
- Requires every city or county to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation services rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county.
- States that each city or county is required to provide for, but is not limited to providing for, all of the following:
- A policy for entry into the business of providing taxicab transportation service, as specified;
- The establishment or registration of rates for the provision of taxicab transportation service; and,
- A mandatory controlled substance and alcohol testing certification program.
- Authorizes each city or county to levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services.
- Authorizes each city or county to adopt additional requirements for a taxicab to operate in its jurisdiction.
- Generally vests the CPUC with regulatory authority over specified modes of for-hire transportation, including passenger stage corporations, transportation network companies (TNCs) and other charter-party carriers.
AS PASSED BY THE ASSEMBLY, this bill added the "Blue Grass Stakes" to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
FISCAL EFFECT: Unknown
COMMENTS: Existing law requires local governments to regulate taxicab transportation services. Under this requirement, cities and counties can tailor their local rules and regulations to the specific needs and conditions of their particular jurisdictions. By contrast, other forms of for-hire transportation that provide generally similar services, such as TNCs, are regulated at the state level by the CPUC. This results in uniform standards statewide for those carriers and irregular standards for taxicabs that vary from local jurisdiction to local jurisdiction.
In response to what the author characterizes as a "severe competitive disadvantage" inflicted upon taxicabs by "patchwork" local regulation, this bill would sunset the authority of cities and counties to regulate taxicab transportation services and freeze those regulations as they exist on taxicabs today. Under this bill, fees for the issuance of taxi driver permits would be capped, and local authorities would be prohibited from regulating the pickup and drop off of prearranged taxicab trips, consistent with the treatment of other forms of for-hire transportation regulated at the state level. Cities and counties would still be allowed to enforce existing local requirements on ensuring adequate service levels to all areas in their jurisdictions and to individuals covered under the Americans with Disabilities Act.
This prohibition on local regulation would not apply to the city and county of San Francisco, due to the infringement on the property rights associated with their unique taxi medallion system.
In June of 2016, the Governor announced his intention to transfer functions relating to the regulation of for-hire transportation from the CPUC to the California State Transportation Agency (CalSTA) and its constituent departments, including the Department of Motor Vehicles (DMV) and the California Highway Patrol (CHP), through the Governor's Reorganization Plan process (GRP). This bill would state the intent of the Legislature that the regulation of taxicab transportation services be included in the GRP and that taxicabs be regulated by the same state agency that regulates all other forms of for-hire transportation. Details relating to the GRP have yet to be announced, although the process is expected to begin in early 2017.
Due to the uncertainty relating to the timeline of the GRP process, it is unclear when CalSTA will be vested with the authority and requirement to regulate for-hire transportation services. If the Governor chooses to include the transfer of taxicab regulation to the state level in the GRP and its subsequent policy changes, as stated in the declaration of the Legislature's intent of this bill, CalSTA and its departments would then have to evaluate the myriad existing local regulations and requirements and adapt them into a statewide regulatory scheme, while also adopting the necessary regulations needed to transfer CPUC's regulatory framework to CHP and DMV, as initially proposed by the Governor. This process could be a lengthy one. Between awaiting the completion of the GRP process and the implementation of all subsequent, conforming legislative and regulatory changes, the time for which taxicabs would be subject only to the local regulations that existed as of July 1, 2016, and the exceptions set forth in this bill – with no possibility of further local regulation – could be months or even years.
While the period in which taxicab regulations would be frozen may be long, it may be worth it to level the playing field between taxis and other modes of for-hire transportation.
The League of California Cities has expressed strong opposition to limiting taxicab transportation service regulation by local authorities, as such an action restricts the ability of cities and counties to address local transportation needs and cover the cost of enforcement. Additionally, while the Taxicab Paratransit Association of California supports this bill, some elements of the taxicab industry believe easing the geographic requirements on the origin of trips will give certain taxicab companies unfair advantages over others.
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0005044
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 650
:
PRIOR VOTES NOT RELEVANT
SENATE ENERGY, U. & C. COMMITTEE: 9-0, 6/13/16
AYES: Hueso, Morrell, Cannella, Gaines, Hertzberg, Hill, Lara, Leyva, McGuire
NO VOTE RECORDED: Pavley, Wolk
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Leyva, McGuire
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SOURCE: Taxi Paratransit Association of California
DIGEST: This bill enacts the Taxicab Transportation Services Act and by January 1, 2018, largely transfers most regulatory oversight of taxicab transportation services from local governments to the California Public Utilities Commission (CPUC), except taxicab transportation services originating in the City and County of San Francisco which would continue to be locally regulated or curbside pickup permits in cities or counties that choose to permit these taxi services. This bill enacts various provisions relating to background checks, insurance, vehicle inspections, requirements of taxicab drivers and carriers, services for disabled population, enforcement, and other matters, and make conforming changes to related provisions.
Senate Floor Amendments of 8/19/16 delay implementation of the taxicab permitting by six months, to January 1, 2018; delete the requirement on taxicab drivers to adhere to a LiveScan fingerprint Department of Justice criminal background check; and make other clarifying changes.
Existing law:
- Provides that the CPUC may fix rates and establish rules for the transportation of passengers and property by transportation companies, prohibit discrimination, and award reparation for the exaction of unreasonable, excessive, or discriminatory charges. (Article XII, §4 of the California Constitution)
- Establishes the CPUC’s authority to regulate, require license or permit to operate, require insurance and workers compensation, take appropriate enforcement action and other provisions related to passenger stage corporations (Public Utilities Code §1031, et seq.) and transportation charter-party carriers of passengers (Public Utilities Code §5351), including transportation network companies. (Public Utilities Code §5431)
- Requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service provided in vehicles, designed for carrying not more than nine people with the driver, which is operated within the city or county. Establishes minimum rules for drivers, including testing for controlled substances. (Government Code §53075.5) (Vehicle Code §21100)
- Requires taxicabs to maintain proof of financial responsibility of at least $15,000 for each person injured or killed, of at least $30,000 for the injury to, or the death of, two or more persons in any one accident, and for damages to property of $5,000 and obtaining a bond of a specified amount. (Vehicle Code §16500)
This bill:
- Establishes Taxicab Transportation Services Act and places taxicabs under the regulatory authority of the CPUC. Authorizes the CPUC to issue permits or renewals for dispatched service, whether requested by phone or internet or online-enabled application.
- Exempts taxicab transportation services originating in the City and County of San Francisco from most of the provisions of this act.
- Authorizes cities or counties that choose to oversee curbside pickups to regulate these through the issues of curbside operating permits, including the ability to limit the number of vehicles permitted.
- Prohibits cities or counties from instituting requirements, fees or standards beyond those required by the CPUC and limits cities and counties from charging more than $50 to cover the regulatory costs related to the issuance of a permit.
- Maintains the current requirement on taxicab services to include the number of its permit every written, oral, or electronic advertisement of the services it offers and requires it complies with signing requirements in the Vehicle Code.
- Requires the CPUC to ensure all applicants meet specified requirements prior to issuing a taxicab service permit to an entity, including: ensuring the financial and organizational capacity of the entity, compliance with the rules and regulations of the Department of the California Highway Patrol relating to safe operating vehicles, commitment to observe hours of service regulations of state and federal law, establishment of an inspection program in effect for its motor vehicles, participation in the pull notice program, establishment of a safety education and training program for all drivers, establishment of a mandatory controlled substance and alcohol testing certification program, and others.
- Requires every taxicab carrier to furnish a list to the CPUC of all motor vehicles used by the carrier in taxicab services since the last inspection.
- Authorizes the CPUC to suspend or revoke the carrier’s permit and/or impose a fine if the carrier’s insurer informs the CPUC that the carrier has failed to obtain insurance coverage for any vehicle on the list.
- Requires the CPUC to investigate any entity that advertises or holds itself as providing services that may be considered to be taxicab transportation services without the required permit and issue civil or criminal proceedings as warranted.
- Establishes grounds by which the CPUC may cancel, suspend, or revoke a taxicab carrier permit, including conviction of a misdemeanor or felony for specified actions, failure to operate and perform reasonable service and other violations and authorizes the CPUC levy a civil penalty of up to $7,500.
- Requires a taxicab carrier to file a certificate of workers compensation coverage, a consent to self-insure issued by the Department of Industrial Relations or a statement under penalty of perjury, with the CPUC.
- Requires a taxicab carrier to operate a motor vehicle with the CPUC required trade dress.
- Requires the CPUC to require the taxicab carrier to procure liability insurance capped at no more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property damage, and provides that these requirements shall only apply to motor vehicles while providing taxicab services.
- Authorizes the CPUC to adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicabs.
- Requires a taxicab carrier, in addition to the above requirements, to:
- Participate in the pull-notice system
- Provide for a mandatory controlled substance and alcohol testing certification program equivalent to that required by the CPUC of transportation network companies
- Ensure that taxi drivers meet specified criteria, including: they are 18 years or older, have a Class C driver’s license.
- Prohibits a taxicab carrier from employing or contracting drivers who have been convicted during the preceding seven years of any offense relating to use, sale, possession, or transportation of narcotics, any act involving violence, any sexual offense, fraud, or felony offense, or offense involving possession of a firearm, and other actions.
- Requires taxicab carriers to inspect each of its motor vehicles or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair and requires the inspection to cover 19 specified components of the vehicle.
- Preempts most regulation of taxicab transportation services by local agencies, except allows cities to choose to oversee permitting of curbside pickups, and repeals a number of sections of the Government Code that provide local agencies specified authorities related to taxicab services, as specified.
Background
Purpose. Passenger transportation had long been a highly-regulated service provided by professional drivers with a strong emphasis on driver and vehicle safety and regulated prices. The recent emergence of transportation network companies (TNCs), including Lyft and Uber, has flipped that perspective. The public now seems comfortable with passenger transportation as something nearly anyone can do. Drivers don’t need to be professional; they don’t even need to own a car. This puts the highly-regulated, professional taxi industry at a big competitive disadvantage to their lightly regulated TNC competitors. This bill represents the response of the taxi industry to that disadvantage.
CPUC oversight of transportation. Since its inception in 1911 (then as the Railroad Commission), the CPUC has regulated private companies and individuals that own, operate, control or manage transportation of people and property. However, taxicabs have been regulated by local cities or counties for most of the CPUC’s one hundred year history. An essential distinction of a taxicab from other transportation services is the ability to have the service hailed from the street. Currently, the CPUC’s remaining authority over on-the-road transportation services is limited to non-rail for-hire passenger carriers and household goods movers. Under state law, the CPUC is required to license carriers, and investigate and enforce safety and consumer protection laws for the following surface transportation carriers: passenger stage corporations (PSCs), such as airport shuttles; transportation charter-party carriers (TCPs) such as tour buses, limousines, and TNCs, (including Uber, Lyft); private carriers of passengers (PCPs) such as church buses; and household goods carriers – moving truck companies.
Regulatory authority. By transferring regulatory responsibility for taxis from cities and counties to the CPUC, this bill significantly alters the regulatory oversight of taxi services. Local government regulation often requires a taxi company to be permitted in each city or county and be subject to city/county-specific rules, in some cities that includes restricting the number of taxis that can operate. Under this bill, the taxi company applies for a statewide license from the CPUC, which gives the taxi company the authority to pick up and drop off dispatched requested services anywhere. This bill exempts services originating in San Francisco and also allows local governments that choose so to oversee permits for curbside pickups. Absent these exceptions, this bill results in a single license fee, background check, and set of rules for taxi carriers. Another benefit of state jurisdiction is that the CPUC will now have all forms of for-hire passenger transportation under its purview. Theoretically, this will give the CPUC the perspective to ensure regulatory fairness and competitive outcomes that benefit passengers. However, as was shared earlier this year at an oversight hearing of this committee, experts warned on the importance of a fingerprint criminal background check for street hails to ensure public safety. This bill would prohibit fingerprint criminal background checks and, thus, undermine public safety.
San Francisco – an island. This bill exempts taxicab service originating in the City and County of San Francisco from CPUC regulations, and preserves local authority. San Francisco maintains the only medallion system for taxicab service in the state, whereby a medallion is owned as property with the ability to lease the service to other drivers. Due to the issues related to handling property rights and values, while not ideal, it seems reasonable that San Francisco merits this proposed separate treatment.
Removing entry caps. Currently, many cities manage the number of taxicab permits that are distributed within their jurisdiction. The local cities and counties often manage the supply of taxicabs in order to mitigate against the failures of market oversupply which in previous efforts to deregulate taxi service have resulted in driver confrontations, poor service and undermined public safety. On the other hand, TNCs receive licenses at the CPUC with no restriction on the number of vehicles and drivers they can place on the roads and no limitations to operate in a given city or county. This bill largely mimics the current licensing of TNCs for dispatched service, a request that is phoned or requested via internet application. However, cities that choose to can continue to oversee permitting of curbside pickups, including establishing entry caps on taxicabs to enter the market. However, no local government would be able to regulate other permitting functions overseen by the CPUC or charge more than $50 for these permits.
Is the CPUC the right agency? The sponsors of this bill attempt to level the playing field among the competing transportation for-hire services by shifting regulatory licensing and enforcement from local cities and counties to the CPUC. In light of the many areas of oversight the CPUC oversees – electric and natural gas investor-owned utilities, telephone services, water agencies, and others – and the identified shortcomings of the agency’s existing oversight of the transportation for-hire program, as noted in a recent State Auditor’s report, the question must be raised whether the CPUC is the appropriate agency to also handle taxicab services. Unfortunately, these are all compelling reasons to not include taxicab services under the regulatory umbrella of the CPUC. However, an argument for including taxicab services may be to better align the existing transportation for-hire services and better respond to the lack of regulatory fairness among the services.
Sort of the same but still different. While this bill starts to level the regulatory playing field between taxis and TNCs, important differences remain. TNCs serve customers with smart phones, good credit, and high rankings from drivers. From a financial perspective, these are the best customers. Customers without credit, without a smart phone, or who have been ranked poorly can only be served by taxis.
Handcuffing local cities/counties. This bill prevents local cities and counties from instituting rules beyond those adopted by the CPUC. While such action may be beneficial to leveling the playing field for carriers, such handcuffing could jeopardize public safety by prohibiting locals from taking necessary action, including increasing fees to cover their costs, instituting the expert recommended criminal background checks, or placing necessary rules to address local needs appropriately.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- One-time costs of approximately $200,000 (Transportation Reimbursement Account) to the CPUC for information technology updates.
- Ongoing costs of approximately $2.8 million annually (Transportation Reimbursement Account) for staff to implement the program. Some or all of these costs will be offset by permit application fees.
- Unknown increase in penalty and application fee revenue.
Taxi Paratransit Association of California (source)
American Cab
CityWide
Fiesta Taxi
Silicon Valley Cab Company, Inc.
Yellow Cab of Los Angeles
Yellow Checker Cab Company, Inc.
17 Individuals
OPPOSITION: (Verified 8/12/16)
California Regional Council Taxi Workers Alliance (AFL-CIO)
League of California Cities
USA Cab LTD
An Individual
ARGUMENTS IN SUPPORT: According to the author, “California’s current taxi regulation process is antiquated and extremely onerous. Taxis are the only for-hire transportation model that is fully regulated at the local level, while other for-hire transportation models have one set of statewide requirements governing their operation. This disparity places taxis at a severe competitive disadvantage. The laws and regulations governing the provision of transportation services are many decades old and have evolved slowly. As with many new technologies, the rapid growth of TNCs has created a disruption in the taxi’s archaic model of transportation. While this change has created many benefits to transportation customers, it has also created an unfair disadvantage for taxis to compete in the market. In order to compete in the changing for-hire transportation ecosystem, taxis should be regulated by one statewide set of standards because the current system restricts competition by setting different, more onerous rules for taxis.”
ARGUMENTS IN OPPOSITION: The League of Cities in opposing this bill states “the regulation of taxis has been a municipal affair for nearly a century, yet the emergence of new business models has challenged the traditional structure of for-hire transportation services and regulations… this measure [AB 650] strips their [cities] authority and reverses their advancements.” They raise a number of concerns, many of which the author has attempted to address in recent amendments. However, it is unclear if the issues have been addressed to the satisfaction of the League.
The Taxi Workers Alliance argues “it would be a grave mistake to place taxi regulation in the hands of the CPUC, an agency that doesn’t want it and even more importantly lacks the resources to assume it. Such deregulation of the industry will create a race to the bottom to the detriment of the public as well as taxi drivers.” They argue that taxi regulation should be transferred to the county level which would eliminate the need for permits for each city but not ignore legitimate local concerns.
ASSEMBLY FLOOR: 80-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
8/22/16 20:38:08
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 650
:
PRIOR VOTES NOT RELEVANT
SENATE ENERGY, U. & C. COMMITTEE: 9-0, 6/13/16
AYES: Hueso, Morrell, Cannella, Gaines, Hertzberg, Hill, Lara, Leyva, McGuire
NO VOTE RECORDED: Pavley, Wolk
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Leyva, McGuire
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SOURCE: Taxi Paratransit Association of California
DIGEST: This bill enacts the Taxicab Transportation Services Act and by July 1, 2017, largely transfers most regulatory oversight of taxicab transportation services from local governments to the California Public Utilities Commission (CPUC), except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport which would continue to be locally regulated or curbside pickup permits in cities or counties that choose to permit these taxi services. This bill enacts various provisions relating to insurance, vehicle inspections, requirements of taxicab drivers and carriers, services for disabled population, enforcement, and other matters, and make conforming changes to related provisions.
Existing law:
- Provides that the CPUC may fix rates and establish rules for the transportation of passengers and property by transportation companies, prohibit discrimination, and award reparation for the exaction of unreasonable, excessive, or discriminatory charges. (Article XII, §4 of the California Constitution)
- Establishes the CPUC’s authority to regulate, require license or permit to operate, require insurance and workers compensation, take appropriate enforcement action and other provisions related to passenger stage corporations (Public Utilities Code §1031, et seq.) and transportation charter-party carriers of passengers (Public Utilities Code §5351), including transportation network companies. (Public Utilities Code §5431)
- Exempts from the CPUC regulatory oversight of charter-party carriers of passengers provisions taxicab transportation services which are licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver. (Public Utilities Code §5353)
- Requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service provided in vehicles, designed for carrying not more than nine people with the driver, which is operated within the city or county. Establishes minimum rules for drivers, including testing for controlled substances. (Government Code §53075.5) (Vehicle Code §21100)
- Authorizes a peace officer and local agency to take enforcement actions regarding vehicles that are operated as taxicabs without the required permits. (Government Code §§§§§53075.6, 53075.6, 53075.7, 53075.8, 53075.9) (Public Utilities Code §§§5411.5, 5412.2, 5413.5) (Vehicle Code §21100.4)
- Requires taxicabs to maintain proof of financial responsibility of at least $15,000 for each person injured or killed, of at least $30,000 for the injury to, or the death of, two or more persons in any one accident, and for damages to property of $5,000 and obtaining a bond of a specified amount. (Vehicle Code §16500)
- Classifies certain actions related to existing Vehicle Code requirements of taxicab activities as limited civil cases, under specified conditions, including a limit of $25,000 in damages. (Code of Civil Procedure Code §85)
- Requires specified signage requirements to be placed on all taxicabs. (Vehicle Code §§27900 and 27908)
This bill:
- Establishes Taxicab Transportation Services Act and places taxicabs under the regulatory authority of the CPUC. Authorizes the CPUC to issue permits or renewals that are effective for three years to entities to operate taxicab transportation services as taxicab carriers throughout the state.
- Exempts taxicab transportation services originating in the City and County of San Francisco or at the San Francisco International Airport from most of the provisions of this act.
- Authorizes cities or counties that choose to oversee curbside pickups to regulate these activities, including providing the ability to limit the number of vehicles, but prohibits cities or counties from limiting any dispatched, via phone or internet, taxi services.
- Maintains the current requirement on taxicab services to include the number of its permit every written, oral, or electronic advertisement of the services it offers and requires it complies with signing requirements in the Vehicle Code.
- Requires the CPUC to ensure all applicants meet specified requirements prior to issuing a taxicab service permit to an entity, including: ensuring the financial and organizational capacity of the entity, compliance with the rules and regulations of the Department of the California Highway Patrol relating to safe operating vehicles, commitment to observe hours of service regulations of state and federal law, establishment of an inspection program in effect for its motor vehicles, participation in the pull notice program, establishment of a safety education and training program for all drivers, establishment of a mandatory controlled substance and alcohol testing certification program, and others.
- Requires every taxicab carrier to furnish a list to the CPUC of all motor vehicles used by the carrier in taxicab services since the last inspection.
- Authorizes the CPUC to suspend or revoke the carrier’s permit and/or impose a fine if the carrier’s insurer informs the CPUC that the carrier has failed to obtain insurance coverage for any vehicle on the list.
- Requires the CPUC to investigate any entity that advertises or holds itself as providing services that may be considered to be taxicab transportation services without the required permit and issue civil or criminal proceedings as warranted.
- Establishes grounds by which the CPUC may cancel, suspend, or revoke a taxicab carrier permit, including conviction of a misdemeanor or felony for specified actions, failure to operate and perform reasonable service and other violations and authorizes the CPUC levy a civil penalty of up to $7,500.
- Requires a taxicab carrier to make available for inspection by the CPUC, upon request, a certificate of workers compensation coverage, a consent to self-insure issued by the Department of Industrial Relations or a statement under penalty of perjury.
- Requires a taxicab carrier to operate a motor vehicle with the CPUC required trade dress.
- Requires the CPUC to require the taxicab carrier to procure liability insurance capped at no more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property damage, and provides that these requirements shall only apply to motor vehicles while providing taxicab services.
- Authorizes the CPUC to adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicabs.
- Requires a taxicab carrier, in addition to the above requirements, to:
- Participate in the pull-notice system
- Provide for a mandatory controlled substance and alcohol testing certification program equivalent to that required by the CPUC of transportation network companies
- Ensure that taxi drivers meet specified criteria, including: they are 18 years or older, have a Class C driver’s license, and adhere to a fingerprint background check through the Department of Justice’s live scan system.
- Prohibits a taxicab carrier from employing or contracting drivers who have been convicted during the preceding seven years of any offense relating to use, sale, possession, or transportation of narcotics, any act involving violence, any sexual offense, fraud, or felony offense, or offense involving possession of a firearm, and other actions.
- Requires taxicab carriers to inspect each of its motor vehicles or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair and requires the inspection to cover 19 specified components of the vehicle.
- Preempts most regulation of taxicab transportation services by local agencies, except allows cities to choose to oversee permitting of curbside pickups and requires the CPUC to initiate proceeding to share data with cities for purpose of environmental and transportation planning.
- Repeals a number of sections of the Government Code that provide local agencies specified authorities related to taxicab services, as specified.
Background
Purpose. Passenger transportation had long been a highly-regulated service provided by professional drivers with a strong emphasis on driver and vehicle safety and regulated prices. The recent emergence of transportation network companies (TNCs), including Lyft and Uber, has flipped that perspective. The public now seems comfortable with passenger transportation as something nearly anyone can do. Drivers don’t need to be professional; they don’t even need to own a car. This puts the highly-regulated, professional taxi industry at a big competitive disadvantage to their lightly regulated TNC competitors. This bill represents the response of the taxi industry to that disadvantage.
CPUC oversight of transportation. Since its inception in 1911 (then as the Railroad Commission), the CPUC has regulated private companies and individuals that own, operate, control or manage transportation of people and property. However, taxicabs have been regulated by local cities or counties for most of the CPUC’s one hundred year history. An essential distinction of a taxicab from other transportation services is the ability to have the service hailed from the street. Currently, the CPUC’s remaining authority over on-the-road transportation services is limited to non-rail for-hire passenger carriers and household goods movers. Under state law, the CPUC is required to license carriers, and investigate and enforce safety and consumer protection laws for the following surface transportation carriers: passenger stage corporations (PSCs), such as airport shuttles; transportation charter-party carriers (TCPs) such as tour buses, limousines, and TNCs, (including Uber, Lyft); private carriers of passengers (PCPs) such as church buses; and household goods carriers – moving truck companies.
Regulatory authority. By transferring regulatory responsibility for taxis from cities and counties to the CPUC, this bill significantly alters the regulatory oversight of taxi services. Local government regulation often requires a taxi company to be permitted in each city or county and be subject to city/county-specific rules, in some cities that includes restricting the number of taxis that can operate. Under this bill, the taxi company applies for a statewide license from the CPUC, which gives the taxi company the authority to pick up and drop off dispatched requested services anywhere. This bill exempts services originating in San Francisco or San Francisco Airport and also allows local governments that choose so to oversee permits for curbside pickups. Absent these exceptions, this bill results in a single license fee, background check, and set of rules for taxi carriers. Another benefit of state jurisdiction is that the CPUC will now have all forms of for-hire passenger transportation under its purview. Theoretically, this will give the CPUC the perspective to ensure regulatory fairness and competitive outcomes that benefit passengers.
San Francisco – an island. This bill exempts taxicab service originating in the City and County of San Francisco and San Francisco Airport from CPUC regulations, and preserves local authority. San Francisco maintains the only medallion system for taxicab service in the state, whereby a medallion is owned as property with the ability to lease the service to other drivers. Due to the issues related to handling property rights and values, while not ideal, it seems reasonable that San Francisco merits this proposed separate treatment.
Removing entry caps. Currently, many cities manage the number of taxicab permits that are distributed within their jurisdiction. The local cities and counties often manage the supply of taxicabs in order to mitigate against the failures of market oversupply which in previous efforts to deregulate taxi service have resulted in driver confrontations, poor service and undermined public safety. On the other hand, TNCs receive licenses at the CPUC with no restriction on the number of vehicles and drivers they can place on the roads and no limitations to operate in a given city or county. This bill largely mimics the current licensing of TNCs for dispatched service, a request that is phoned or requested via internet application. However, cities that choose to can continue to oversee permitting of curbside pickups, including establishing entry caps on taxicabs to enter the market. However, no local government would be able to regulate other permitting functions overseen by the CPUC.
Is the CPUC the right agency? The sponsors of this bill attempt to level the playing field among the competing transportation for-hire services by shifting regulatory licensing and enforcement from local cities and counties to the CPUC. In light of the many areas of oversight the CPUC oversees – electric and natural gas investor-owned utilities, telephone services, water agencies, and others – and the identified shortcomings of the agency’s existing oversight of the transportation for-hire program, as noted in a recent State Auditor’s report, the question must be raised whether the CPUC is the appropriate agency to also handle taxicab services. Unfortunately, these are all compelling reasons to not include taxicab services under the regulatory umbrella of the CPUC. However, an argument for including taxicab services may be to better align the existing transportation for-hire services and better respond to the lack of regulatory fairness among the services.
Sort of the same but still different. While this bill starts to level the regulatory playing field between taxis and TNCs, important differences remain. TNCs serve customers with smart phones, good credit, and high rankings from drivers. From a financial perspective, these are the best customers. Customers without credit, without a smart phone, or who have been ranked poorly can only be served by taxis.
Prior/Related Legislation
SB 541 (Hill, Chapter 718, Statutes of 2015) proposed a suite of requirements of the CPUC in an effort to strengthen the agency’s overall program and enforcement of for-hire transportation carriers. The bill also expanded enforcement authority to other peace officers in addition to the California Highway Patrol for bus and limousine licensing activities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- One-time costs of approximately $200,000 (Transportation Reimbursement Account) to the CPUC for information technology updates.
- Ongoing costs of approximately $2.8 million annually (Transportation Reimbursement Account) for staff to implement the program. Some or all of these costs will be offset by permit application fees.
- Unknown increase in penalty and application fee revenue.
Taxi Paratransit Association of California (source)
American Cab
CityWide
Fiesta Taxi
Silicon Valley Cab Company, Inc.
Yellow Cab of Los Angeles
Yellow Checker Cab Company, Inc.
17 Individuals
OPPOSITION: (Verified 8/12/16)
California Regional Council Taxi Workers Alliance (AFL-CIO)
League of California Cities
USA Cab LTD
An Individual
ARGUMENTS IN SUPPORT: According to the author, “California’s current taxi regulation process is antiquated and extremely onerous. Taxis are the only for-hire transportation model that is fully regulated at the local level, while other for-hire transportation models have one set of statewide requirements governing their operation. This disparity places taxis at a severe competitive disadvantage. The laws and regulations governing the provision of transportation services are many decades old and have evolved slowly. As with many new technologies, the rapid growth of TNCs has created a disruption in the taxi’s archaic model of transportation. While this change has created many benefits to transportation customers, it has also created an unfair disadvantage for taxis to compete in the market. In order to compete in the changing for-hire transportation ecosystem, taxis should be regulated by one statewide set of standards because the current system restricts competition by setting different, more onerous rules for taxis.”
ARGUMENTS IN OPPOSITION: The League of Cities in opposing this bill states “the regulation of taxis has been a municipal affair for nearly a century, yet the emergence of new business models has challenged the traditional structure of for-hire transportation services and regulations… this measure [AB 650] strips their [cities] authority and reverses their advancements.” They raise a number of concerns, many of which the author has attempted to address in recent amendments. However, it is unclear if the issues have been addressed to the satisfaction of the League.
The Taxi Workers Alliance argues “it would be a grave mistake to place taxi regulation in the hands of the CPUC, an agency that doesn’t want it and even more importantly lacks the resources to assume it. Such deregulation of the industry will create a race to the bottom to the detriment of the public as well as taxi drivers.” They argue that taxi regulation should be transferred to the county level which would eliminate the need for permits for each city but not ignore legitimate local concerns.
ASSEMBLY FLOOR: 80-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
8/15/16 19:36:03
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 650 (Low) - Public Utilities Commission: regulation of taxicabs
Version: August 2, 2016 | Policy Vote: G.O. 13 - 0, E., U., & C. 9 - 0, T. & H. 9 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 11, 2016 | Consultant: Narisha Bonakdar |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill Summary:
AB 650 transfers regulatory oversight of taxicabs from local governments to the California Public Utilities Commission (CPUC) and generally provides for more flexibility in taxicab operations.
Fiscal Impact:
- One-time costs of approximately $200,000 (Transportation Reimbursement Account) to the CPUC for information technology updates.
- Ongoing costs of approximately $2.8 million annually (Transportation Reimbursement Account) for staff to implement the program. Some or all of these costs will be offset by permit application fees.
- Unknown increase in penalty and application fee revenue.
Author Amendments:
The amendments:
- Add the CPUC permit fee amounts and penalty amounts.
- Allow cities to limit the number of taxis that are authorized to use the taxi stands or pick up street hails.
- Make the CPUC the public agency to receive the driver background check results
- Allow data sharing with cities for transportation and environmental planning purposes.
- Require cabs to take credit card transactions.
- Delay bill implementation to July 1, 2017
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 650 (Low) - Public Utilities Commission: regulation of taxicabs
Version: June 23, 2016 | Policy Vote: G.O. 13 - 0, E., U., & C. 9 - 0, T. & H. 9 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 8, 2016 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 650 transfers regulatory oversight of taxicabs from local governments to the California Public Utilities Commission (CPUC) and generally provides for more flexibility in taxicab operations.
Fiscal Impact:
- One-time costs of approximately $200,000 (Transportation Reimbursement Account) to the CPUC for information technology updates.
- Ongoing cost of approximately $2.8 million annually (Transportation Reimbursement Account) for staff to implement the program. Some or all of this cost will be offset by permit application fees.
- Unknown increase in penalty revenue.
Background:
Since its inception in 1911 (then as the Railroad Commission), the CPUC has regulated private companies and individuals that own, operate, control, or manage transportation of people and property. However, taxicabs have been regulated by local cities or counties for most of the CPUC’s one hundred year history. Currently, the CPUC’s remaining authority is limited to non-rail passenger carriers and household goods movers. Under state law, the CPUC is required to license carriers, and investigate and enforce safety and consumer protection laws for the following surface transportation carriers:
- Passenger Stage Corporations (PSCs) – For-hire carriers transporting passengers over public highways on an individual-fare basis (e.g., airport shuttles).
- Transportation Charter-Party Carriers (TCPs) – Operate under the direction and control of their chartering party that arranges the transportation, on a prearranged basis (e.g., tour buses, limousines, and transportation network companies).
- Private Carriers of Passengers (PCPs) – Not-for-hire motor carrier transporting passengers in buses (vehicles seating 10 or more) that are required to obtain a “CA number” from CHP.
- Household Goods Carriers – For-hire moving companies.
The rapid growth of a new transportation for-hire service, known as transportation network companies (TNCs), has raised questions about the fairness of the disparity between existing regulations of taxicabs compared to competitors in TNCs which have far fewer requirements. This is one of many proposals over the past few years to resolve this disparity.
Proposed Law:
- This bill:
- Establishes the Taxicab Transportation Services Act and places taxicabs under the regulatory authority of the CPUC, except in the City of San Francisco.
- Requires the CPUC to issue permits, or renewals that are effective for three years.
- Maintains the current requirement on taxicab services to include the number of its permit in every written, oral, or electronic advertisement of the services it offers and requires compliance with the signing requirements in the Vehicle Code.
- Requires the CPUC to ensure all applicants meet the following requirements prior to issuing a taxicab service permit:
- Ensuring the financial and organizational capacity of the entity.
- Compliance with the rules and regulations of the Department of the California Highway Patrol relating to safe operating vehicles.
- Commitment to observe hours of service regulations of state and federal law.
- Establishment of an inspection program in effect for its motor vehicles.
- Participation in the pull-notice program.
- Establishment of a safety education and training program for all drivers.
- Establishment of a mandatory controlled substance and alcohol testing certification program.
- Establishment of a disabled access education program.
- Prohibits rates structures that provide difference costs based on race, national origin, religion, color, ancestry, physical handicap, medical condition, occupation, marital status or change in marital status, sex, or any other characteristic.
- Requires every taxicab carrier to furnish a list to the CPUC of all motor vehicles used by the carrier in taxicab services since the last inspection.
- Authorizes the CPUC to suspend or revoke the carrier’s permit and/or impose a fine if the carrier’s insurer informs the CPUC that the carrier has failed to obtain insurance coverage for any vehicle on the list.
- Requires the CPUC to investigate any entity that advertises as a taxi transportation service without the required permit.
- Establishes grounds by which the CPUC may cancel, suspend, or revoke a taxicab carrier permit, and authorizes the CPUC to levy a civil penalty of up to $7,500.
- Requires a taxicab carrier to make a certificate of workers’ compensation coverage, a consent to self-insure issued by the Department of Industrial Relations, or a statement under penalty of perjury available for CPUC inspection, upon request.
- Requires a taxicab carrier to operate a motor vehicle with the CPUC required identifying markings.
- Requires every city or county to forward to the CPUC licensure information for each taxicab transportation service licensee within its jurisdiction by December 31, 2016.
- Requires taxicab carrier to procure liability insurance capped at no more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property damage. The CPUC may increase these levels.
- Authorizes the CPUC to adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicabs.
- Requires an individual who wishes to be a driver providing taxicab services to first obtain a taxicab driver’s permit from the CPUC. The permit shall be valid statewide, except in San Francisco. In order to obtain the permit the driver must be 18 years or older, possess a Class C driver’s license, pass a CPUC prescribed written exam, and pass a background check through the Department of Justice’s Live Scan system.
- Requires a taxicab carrier to participate in the pull-notice system, and provide for a mandatory controlled-substance and alcohol testing certification program equivalent to that required by the CPUC of transportation network companies.
- Prohibits a taxicab carrier from employing or contracting drivers who have been convicted during the preceding seven years of any offense relating to the use, sale, possession, or transportation of narcotics; any act involving violence; any sexual offense, fraud, felony offense, or offense involving possession of a firearm; and other actions.
- Requires a taxicab carrier to inspect each of its motor vehicles or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and requires the inspection to cover 19 specified components of the vehicle.
- Preempts all other regulation of taxicab transportation services, including those by local agencies.
Related Legislation:
AB 1289 (Cooper, 2016) requires a transportation network company (TNC) to conduct comprehensive criminal background checks for each participating driver. The background check must include a multistate, multijurisdictional criminal records locator and a search of the US Department of Justice National Sex Offender Public Website (public website). The bill also prohibits a TNC from retaining a driver who is registered on the sex offender website or has been convicted of any violent felony, sexual offense, or a driving under the influence (within the past seven years). This bill is on the Senate Floor.
Staff Comments: According to the author, “California’s current taxi regulation process is antiquated and extremely onerous. Taxis are the only for-hire transportation model that is fully regulated at the local level, while other for-hire transportation models have one set of statewide requirements governing their operation. This disparity places taxis at a severe competitive disadvantage. The laws and regulations governing the provision of transportation services are many decades old and have evolved slowly. As with many new technologies, the rapid growth of TNCs has created a disruption in the taxi’s archaic model of transportation. While this change has created many benefits to transportation customers, it has also created an unfair disadvantage for taxis to compete in the market. In order to compete in the changing for-hire transportation ecosystem, taxis should be regulated by one statewide set of standards because the current system restricts competition by setting different, more onerous rules for taxis.”
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 650 Hearing Date: 6/28/2016
Author: | Low | ||
Version: | 6/23/2016 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT: Public Utilities Commission: regulation of taxicabs
DIGEST: This bill transfers regulatory oversight of taxicabs from local governments to the California Public Utilities Commission (CPUC) and generally provides for more flexibility in taxicab operations.
ANALYSIS:
Existing law:
- Provides the CPUC with constitutional authority to fix rates and establish rules for the transportation of passengers and property by transportation companies, prohibit discrimination; and award reparation for the exaction of unreasonable, excessive, or discriminatory charges.
- Establishes the CPUC’s statutory authority to regulate categories of transportation companies including passenger-stage corporations (e.g., SuperShuttles), charter-party carriers of passengers (e.g., limousines), and transportation network companies (e.g., Lyft and Uber).
- Exempts taxis from CPUC regulatory oversight.
- Requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service provided in vehicles, designed for carrying not more than nine people with the driver, which is operated within the city or county. Establishes minimum rules for drivers, including testing for controlled substances.
This bill:
- Establishes the Taxicab Transportation Services Act and places taxicabs under the regulatory authority of the CPUC, except in the City of San Francisco.
- Requires the CPUC to issue permits, or renewals that are effective for three years.
- Maintains the current requirement on taxicab services to include the number of its permit in every written, oral, or electronic advertisement of the services it offers and requires compliance with the signing requirements in the Vehicle Code.
- Requires the CPUC to ensure all applicants meet specified requirements prior to issuing a taxicab service permit to an entity, including:
- Ensuring the financial and organizational capacity of the entity
- Compliance with the rules and regulations of the Department of the California Highway Patrol relating to safe operating vehicles
- Commitment to observe hours of service regulations of state and federal law
- Establishment of an inspection program in effect for its motor vehicles
- Participation in the pull-notice program
- Establishment of a safety education and training program for all drivers
- Establishment of a mandatory controlled substance and alcohol testing certification program.
- Requires every taxicab carrier to furnish a list to the CPUC of all motor vehicles used by the carrier in taxicab services since the last inspection.
- Authorizes the CPUC to suspend or revoke the carrier’s permit and/or impose a fine if the carrier’s insurer informs the CPUC that the carrier has failed to obtain insurance coverage for any vehicle on the list.
- Requires the CPUC to investigate any entity that advertises as a taxi transportation service without the required permit.
- Establishes grounds by which the CPUC may cancel, suspend, or revoke a taxicab carrier permit, including conviction of a misdemeanor or felony for specified actions, failure to operate and perform reasonable service, and other violations, and authorizes the CPUC to levy a civil penalty of up to $7,500.
- Requires a taxicab carrier to make available for inspection by the CPUC, upon request, a certificate of workers’ compensation coverage, a consent to self-insure issued by the Department of Industrial Relations, or a statement under penalty of perjury.
- Requires a taxicab carrier to operate a motor vehicle with the CPUC required identifying markings.
- Requires every city or county to forward to the CPUC licensure information for each taxicab transportation service licensee within its jurisdiction by December 31, 2016.
- Requires taxicab carrier to procure liability insurance capped at no more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property damage. The CPUC may increase these levels.
- Authorizes the CPUC to adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicabs.
- Requires an individual who wishes to be a driver providing taxicab services to first obtain a taxicab driver’s permit from the CPUC. The permit shall be valid statewide, except in San Francisco. In order to obtain the permit the driver must be 18 years or older, possess a Class C driver’s license, pass a CPUC prescribed written exam, and pass a background check through the Department of Justice’s Live Scan system.
- Requires a taxicab carrier to participate in the pull-notice system, and provide for a mandatory controlled-substance and alcohol testing certification program equivalent to that required by the CPUC of transportation network companies.
- Prohibits a taxicab carrier from employing or contracting drivers who have been convicted during the preceding seven years of any offense relating to the use, sale, possession, or transportation of narcotics: any act involving violence; any sexual offense, fraud, felony offense, or offense involving possession of a firearm; and other actions.
- Requires a taxicab carrier to inspect each of its motor vehicles or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair, and requires the inspection to cover 19 specified components of the vehicle.
- Preempts all other regulation of taxicab transportation services, including those by local agencies.
COMMENTS:
- Purpose. According to the author, California’s current taxi regulation process is antiquated and extremely onerous. Taxis are the only for-hire transportation model that is fully regulated at the local level, while other for-hire transportation models have one set of statewide requirements governing their operation. This disparity places taxis at a severe competitive disadvantage. In order to compete in the changing for-hire transportation ecosystem, taxis should be regulated by one statewide set of standards because the current system restricts competition by setting different, more onerous rules for taxis, according to the author.
- Flipping the script. Passenger transportation had long been a highly-regulated service provided by professional drivers with a strong emphasis on driver and vehicle safety and regulated prices. The recent emergence of Lyft and Uber has flipped that perspective. The public now seems comfortable with passenger transportation as something nearly anyone can do. Drivers don’t need to be professional; they don’t even need to own a car. (The lodging industry has been similarly transformed with the emergence of AirBNB.) This puts the highly-regulated, professional taxi industry at a big competitive advantage to their lightly regulated TNC competitors. This bill represents the response of the taxi industry to that disadvantage.
- History of taxi deregulation. Taxicabs have been regulated since the 1930s. This regulation was in response to conditions which the Washington Post characterized in a 1933 editorial as chaotic: “Cut-throat competition in a business of this kind always produces chaos. Drivers are working as long as sixteen hours per day, in their desperate efforts to eke out a living. Cabs are allowed to go unrepaired … Together with the rise in the accident rate there has been a sharp decline in the financial responsibility of taxicab operators. Too frequently the victims of taxicab accidents must bear the loss because the operator has no financial resources of his own and no liability insurance.”
Beginning in the 1970s, some cities deregulated taxis. An academic review of these efforts found them to be failures, so unsatisfactory that every city jettisoned deregulation in favor of resumed economic regulation.[1] A study in 1993 by Price Waterhouse reached similar conclusions, finding that in many cities that deregulated, the supply of taxicabs increased, fares increased, service quality declined and there were more trip refusals, lower vehicle quality, and aggressive solicitation of customers. As a result, many cities have since re-regulated.
Why repeat this effort if the history is so poor? Because competition from TNCs like Lyft and Uber makes the existing taxicab model of local regulation, restricted pick-up rules, regulated fares, and duplicative regulators untenable. As this Committee heard in the February 17, 2016, informational hearing on the for-hire transportation market, taxi trips and revenues have declined 20%-30% in San Francisco and Los Angeles, even though the demand for for-hire transportation services increased. Taxi drivers testified that their incomes are off as much as 40%. Crafting a new regulatory structure for the taxi industry is essential to providing it a fair chance to compete against the new competition. But in crafting those regulations, avoiding the failures of past deregulation efforts must be kept in mind.
- Criteria for change. In the Committee’s informational hearing, the Transportation Research Board of the National Academies of Science, Engineering and Medicine presented its findings on the regulation of taxis and TNCs. Its recommendations for fair competition are below:
- Entry controls/pricing: Examine minimum regulation necessary
- Regulatory Authority: Balance the benefits of uniformity responsiveness to local needs; ensure on-the-ground regulatory enforcement
- Driver background checks/insurance requirements: Be consistent across each type of service, gauged to risk
- Wheelchair-accessible service: Ensure access through regulation, incentives, mandates and/or subsidies; apply across each type of service
Entry Controls/Pricing. Cities typically limit the number of taxi licenses and establish fixed rates for service. This bill removes the limits and the local regulation of taxi prices. While the CPUC has the authority to set rates, given that they have refrained from rate setting with the TNCs, there is every reason to believe that taxis will benefit from much of the same regulatory forbearance. However, the author and committee may wish to consider requiring that a taxi passenger is provided with a fare estimate or a rate schedule before accepting a ride, as they are today.
Regulatory authority. By transferring regulatory responsibility for taxis from cities to the CPUC, this bill provides taxis with substantial regulatory relief. City regulation requires a taxi company to be permitted in each city and be subject to city-specific rules. Under this bill, the taxi company applies for a statewide license (excluding San Francisco) from the CPUC, which gives the taxi company the authority to pick up and drop off anywhere. It also means a single license fee, background check, and set of rules. Another benefit of state jurisdiction is that the CPUC will now have all forms of for-hire passenger transportation under its purview. Theoretically, this will give the CPUC the perspective to ensure regulatory fairness and competitive outcomes that benefit passengers.
Driver background checks/insurance requirements. Under this bill, taxi drivers will be subject to a Department of Justice background check, which is more stringent that the background check required for drivers of other CPUC-regulated services. The bill does not attempt to make the driver background check consistent across all transportation companies. The insurance requirements are initially set for each taxicab carrier at more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property. The CPUC may increase these levels. In its review of the bill, the CPUC staff recommends that the insurance requirement be raised to $1 million, in line with what is required of TNCs.
Wheelchair-accessible service/discrimination. This bill does not address wheelchair-accessible service, and does not change the existing mechanisms for funding or providing the service. However, as all transportation providers would be under the jurisdiction of a single regulatory agency, there would be an opportunity for the CPUC to consider wheelchair accessibility in a comprehensive way.
Local governments typically have rules to ensure that taxis provide service throughout their jurisdiction and prevent discrimination. This bill shifts that important responsibility to the CPUC. While the CPUC is constitutionally authorized to prevent discrimination, and public utilities, such as taxis, are statutorily prohibited from discrimination in their provision of service, these protections only work if they are enforced. Using history as a guide, prior deregulation efforts led to unauthorized taxis, discrimination, and unsafe practices. Strong enforcement can protect against those outcomes. The bill envisions a shared enforcement responsibility between the CPUC and local government. The CPUC has a modest enforcement staff; utilizing local law enforcement would seem to be more efficient. A capable consumer complaint intake process is also necessary. The CPUC currently has some capacity for this as they receive complaints about companies under their purview. While the CPUC’s consumer affairs staff has at time been effective, their recent track record has been mixed. Some reinforcement of this capacity may well be necessary.
- Implementation. This bill provides the CPUC with substantial additional responsibilities. Taxi companies may not operate without CPUC authorization, so the author may wish to work closely with the CPUC to facilitate a rapid ramp up of their capabilities. It may also be advisable to permit existing taxi companies to operate temporarily while the CPUC develops its processes. Implementation issues will need much more attention before this bill is finalized.
- San Francisco exemption. This bill applies statewide except for San Francisco, where competition between taxis and TNCs is most fierce. This exemption was requested by the San Francisco taxi industry and taxi workers. It’s not clear how this will help the San Francisco taxi industry unless the local taxi regulations are significantly revised.
- Managing congestion. Local governments are responsible for developing regional transportation plans. Data from the taxi industry is important input. The author should consider requiring the taxi industry to acquire and submit trip data to the CPUC and/or local governments for this purpose.
- Sort of the same but still different. While this bill starts to level the regulatory playing field between taxis and TNCs, important differences remain. TNCs serve customers with smart phones, good credit, and high rankings from drivers. From a financial perspective, these are the best customers. Customers without credit, without a smart phone, or who have been ranked poorly can only be served by taxis.
- Double-referral. This bill was heard by the Senate Energy, Utilities, and Communications committee on June 22, and passed on a 9-0 vote.
Assembly Votes:
Previous votes not relevant
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday, June 22, 2016.)
SUPPORT:
CityWide
Fiesta Taxi
Silicon Valley Cab Co. Inc
SouthBay Yellow Cab Co-Op
Taxicab Paratransit Association of California
Yellow Checker Cab Company, Inc.
13 individuals
OPPOSITION:
California Regional Council of the Taxi Workers Alliance
Flywheel Taxi
Green Cab of San Jose
Taxi Workers Alliance of Silicon Valley
2 individuals
-- END --
Paul Stephen Dempsey, McGill University: published in the University of Denver College of Law, Transportation Law Journal, Vol 24, Issue 1 (1996). ↑
SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Ben Hueso, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 6/13/2016
Author: | |||
Version: | As Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill would enact the Taxicab Transportation Services Act and provide for the regulation of taxicab transportation services by the California Public Utilities Commission (CPUC) as a matter of statewide concern, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, which would continue to be locally regulated. This bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters and make conforming changes to other related provisions.
ANALYSIS:
Existing law:
- Provides that the CPUC may fix rates and establish rules for the transportation of passengers and property by transportation companies, prohibit discrimination, and award reparation for the exaction of unreasonable, excessive, or discriminatory charges. (Article XII, §4 of the California Constitution)
- Establishes the CPUC’s authority to regulate, require license or permit to operate, require insurance and workers compensation, take appropriate enforcement action and other provisions related to passenger stage corporations. (Public Utilities Code §1031, et seq.) and transportation charter-party carriers of passengers (Public Utilities Code §5351), including transportation network company (Public Utilities Code §5431)
- Exempts from the CPUC regulatory oversight of charter-party carriers of passengers provisions taxicab transportation services which are licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver. (Public Utilities Code §5353)
- Requires every city or county to adopt an ordinance or resolution to issue permits in regard to taxicab transportation service provided in vehicles, designed for carrying not more than nine people with the driver, which is operated within the city or county. Establishes minimum rules for drivers, including testing for controlled substances. (Government Code §53075.5) (Vehicle Code §21100)
- Authorizes a peace officer and local agency to take enforcement actions regarding vehicles that are operated as taxicabs without the required permits. (Government Code §§§§§53075.6, 53075.6, 53075.7, 53075.8, 53075.9) (Public Utilities Code §§§5411.5, 5412.2, 5413.5) (Vehicle Code §21100.4)
- Requires taxicabs to maintain proof of financial responsibility of at least 15 thousand for each person injured or killed, of at least 30 thousand for the injury to, or the death of, two or more persons in any one accident, and for damages to property of five thousand and obtaining a bond of a specified amount. (Vehicle Code §16500)
- Classifies certain actions related to existing Vehicle Code requirements of taxicab activities as limited civil cases, under specified conditions, including a limit of $25,000 in damages. (Code of Civil Procedure Code §85)
- Requires specified signage requirements to be placed on all taxicabs. (Vehicle Code §§27900 and 27908)
This bill:
- Establishes Taxicab Transportation Services Act and places taxicabs under the regulatory authority of the CPUC.
- States the legislature finds and declares that regulation of taxicab transportation services throughout the state constitutes a statewide concern.
- Exempts taxicab transportation services originating in the City and County of San Francisco or at the San Francisco International Airport from most of the provisions of this act.
- Requires the CPUC to establish six regions, other than the provisions for the City and County of San Francisco and San Francisco Airport, for purposes of issuing operating permits to taxicab carriers.
- Requires the CPUC to issue permits, or renewals that are effective for three years, to entities to operate taxicab transportation services if qualified and requires each permit to specify the region in which the taxicab may operate, but does not prohibit a taxicab carrier from holding permits in multiple regions.
- Maintains the current requirement on taxicab services to include the number of its permit every written, oral, or electronic advertisement of the services it offers and requires it complies with signing requirements in the Vehicle Code.
- Requires the CPUC to ensure all applicants meet specified requirements prior to issuing a taxicab service permit to an entity, including: ensuring the financial and organizational capacity of the entity, compliance with the rules and regulations of the Department of the California Highway Patrol relating to safe operating vehicles, commitment to observe hours of service regulations of state and federal law, an inspection program in effect for its motor vehicles, participation in the pull notice program, safety education and training program for all drivers, provides a mandatory controlled substance and alcohol testing certification program, and others.
- Requires every taxicab carrier to furnish a list to the CPUC of all motor vehicles used by the carrier in taxicab services since the last inspection.
- Authorizes the CPUC to suspend or revoke the carrier’s permit and/or impose a fine if the carrier’s insurer informs the CPUC that the carrier has failed to obtain insurance coverage for any vehicle on the list.
- Requires the CPUC to investigate any entity that advertises or holds itself as providing services that may be considered to be taxicab transportation services without the required permit and issue civil or criminal proceedings as warranted.
- Establishes grounds by which the CPUC may cancel, suspend, or revoke a taxicab carrier permit, including conviction of a misdemeanor or felony for specified actions, failure to operate and perform reasonable service and other violations and authorizes the CPUC levy a civil penalty of up to $7,500.
- Requires a taxicab carrier to make available for inspection by the CPUC, upon request, a certificate of workers compensation coverage, a consent to self-insure issued by the Department of Industrial Relations or a statement under penalty of perjury.
- Requires a taxicab carrier to operate a motor vehicle with the CPUC required trade dress.
- Requires any city or county to forward to the CPUC licensure information for each taxicab transportation service licensee within its jurisdiction by December 31, 2016.
- Requires the CPUC to require the taxicab carrier to procure liability insurance capped at no more than $100,000 for death and personal injury per person, $300,000 for death and personal injury per incident, and $50,000 for property damage, and provides that these requirements shall only apply to motor vehicles while providing taxicab services.
- Prohibits a city, county, city and county, or any other local agency to require insurance in a manner different from that required by this article.
- Prohibits the CPUC from regulating fares or fees charged by taxi cab carriers and the type of device used by taxicab carriers to calculate fares, including global positioning system metering as a form of calculating fares.
- Authorizes the CPUC to adopt rules requiring taxicab carriers to disclose fares, fees, and other pricing structures for taxicabs.
- Requires individuals who wish to be a driver providing taxicab services to first obtain a taxicab driver permit from the CPUC which shall be valid in any region and specifies necessary requirements, including: 18 years or older, Class C driver’s license, passes a CPUC prescribed written exam, and background check through the Department of Justice’s live scan system.
- Requires a taxicab carrier to participate in the pull-notice system, provide for a mandatory controlled substance and alcohol testing certification program equivalent to that required by the CPUC of transportation network companies.
- Prohibits a taxicab carrier from employing or contracting drivers who have been convicted during the preceding seven years of any offense relating to use, sale, possession, or transportation of narcotics, any act involving violence, any sexual offense, fraud, or felony offense, or offense involving possession of a firearm, and other actions.
- Requires taxicab carriers to inspect each of its motor vehicles or have each vehicle inspected at a facility licensed by the Bureau of Automotive Repair and requires the inspection to cover 19 specified components of the vehicle.
- Preempts all other regulation of taxicab transportation services subject, including those by local agencies. Specifically, prohibits airports from imposing licensing, insurance requirements, and a fee that is based on the gross receipts of the taxicab carrier.
- Repeals a number of sections of the Government Code that provide local agencies specified authorities related to taxicab services, including:
- Section 53075.5 of the Government Code that provides authority for cities and counties to establish policy for entry into taxicab transportation service, including employment as a taxicab driver, establishment of rates, mandatory drug and alcohol testing, and other authorities.
- Section 53075.6 of the Government Code that provides law enforcement authority to impound vehicles operating as taxicabs without the proper certificate; repeals Section 53075.61 of the Government Code which provides local transportation inspectors authority to impound a vehicle operating without the proper permit or license.
- Section 53075.7 of the Government Code which requires a local agency to investigate a business that advertises or operates a taxicab transportation service upon receipt of a complaint.
- Section 53075.8 of the Government Code which authorizes a local agency to seek the termination of the telephone service for a taxicab transportation service which has operated in violation of the local agency’s ordinance related to taxicab service.
- Section 53075.9 of the Government Code which requires every taxicab transportation service to include the number of its certificate, license, or permit in every written or oral advertisement of the service it offers and authorizes a local agency to impose a fine of not more than $5,000 for each violation.
- Section 830.7 of the Penal Code to remove reference to authority of local agency transportation inspectors to enforce taxicab license violations.
- Makes clarifying amendments to remove references to local authority of taxi cab licensing, including in Sections 5353, 5411.5, 5412.2 and 5413.5 of the Public Utilities Code.
- Establishes the Legislature finds and declares that regulation of taxicab transportation services throughout the state constitutes a matter of statewide concern.
Background
Since its inception in 1911 (then as the Railroad Commission), the CPUC has regulated private companies and individuals that own, operate, control or manage transportation of people and property. However, taxicabs have been regulated by local cities or counties for most of the CPUC’s one hundred year history. Currently, the CPUC’s remaining authority is limited to non-rail passenger carriers and household goods movers. Under state law, the CPUC is required to license carriers, and investigate and enforce safety and consumer protection laws for the following surface transportation carriers:
- Passenger Stage Corporations (PSCs) – for-hire carriers transporting passengers over public highways on an individual-fare basis. Examples include: airport shuttles.
- Transportation Charter-Party Carriers (TCPs) – operate under the direction and control of their chartering party that arranges the transportation, on a prearranged basis. Examples include tour buses, limousines, and transportation network companies, including Uber, Lyft, and Sidecar.
- Private Carriers of Passengers (PCPs) – includes not-for-hire motor carrier transporting passengers in buses (vehicles seating 10 or more) that are required to obtain a “CA number” from CHP.
- Household Goods Carriers – includes for-hire moving companies.
The rapid growth of a new transportation for-hire service, known as transportation network companies (TNCs), have dramatically disrupted the existing transportation for-hire market, including reducing taxicab use in many cities. The development of the TNCs has made the ability for passengers seeking transportation for compensation more readily available to the general public, but also raised questions about the fairness of the existing regulations between the services with taxicabs experiencing many regulatory requirements as compared to competitors in transportation network companies which have many fewer requirements. Some have argued to level the playing field, TNCs services should be regulated at the local level, not by the CPUC.
Taxicabs. An essential distinction of a taxicab from other transportation services is the ability to have the service hailed from the street. However, the bill does not include this activity in the definition included in the bill. The author and committee may wish to amend this bill to include the ability to hail a vehicle from the street as part of the definition of a taxicab.
Removing entry caps. Currently, many cities manage the number of taxicab permits that are distributed within their jurisdiction. The local cities and counties often manage the supply of taxicabs in order to mitigate against the failures of market oversupply which has in the past led to driver confrontations, poor service and undermined public safety. On the other hand, TNCs receive licenses at the CPUC with no restriction on the number of vehicles and drivers they can place on the roads and no limitations to operate in a given city or county. This bill would largely mimic the current licensing of TNCs and remove all entry caps on taxicabs to enter the market. This bill proposes to establish six regions, in addition to one for the City and County of San Francisco. However, the licensing would be handled by the CPUC and there with be no limits on the number of vehicles that can be permitted within a given region. Unless the local regions are overseeing the licensing, there doesn’t seem to be any reason to maintain the proposed regions as currently drafted. The author and committee may wish to amend this bill to remove the references to the six regions.
Taxicab service – statewide concern? This bill declares that taxicab service is of statewide concern and preempts local agencies from adopting regulations on taxicab service. However, this bill also exempts taxicab service originating in the City and County of San Francisco and San Francisco Airport from CPUC regulations, and preserves local authority. San Francisco maintains the only medallion system for taxicab service in the state, whereby a medallion is owned as property with the ability to lease the service to other drivers. Due to the issues related to handling property rights and values, although not ideal, it seems reasonable that San Francisco merits this proposed separate treatment. In order to provide consistency in language and action, the author and committee may wish to amend this bill to remove references to taxicab service being of statewide concern and prohibitions on San Francisco’s ability to adopt its own insurance requirements, or airports to impose their own fee structures.
Is the CPUC the right agency? The sponsors of this bill attempt to level the playing field among the competing transportation for-hire services, by shifting regulatory licensing and enforcement from local cities and counties to the CPUC. In light of the many areas of oversight the CPUC oversees – electric and natural gas investor-owned utilities, telephone services, water agencies, and others – and the identified shortcomings of the agency’s existing oversight of the transportation for-hire program, as noted in a recent State Auditor’s report, the question must be raised whether the CPUC is the appropriate agency to also handle taxicab services. Unfortunately, these are all compelling reasons to not include taxicab services under the regulatory umbrella of the CPUC. However, a compelling reason to include taxicab services may be to better align the existing transportation for-hire services and better respond to the lack of fairness. Additionally, the CPUC has constitutional power to fix rates. This bill proposes to prohibit the CPUC from exercising this power. The author and committee may wish to amend this bill to remove the prohibition on the CPUC’s ability to regulate fares or fees.
CPUC enforcement. The work to license, enforce and ensure safety of transportation for hire services regulated by the CPUC is done through the CPUC’s Transportation Enforcement Bureau (TEB) with approximately 45 authorized staff positions. The CPUC is responsible for issuing operating permits and certificates (operating authority) to qualified applicants for authority to operate as passenger stage corporations, charter-party carriers of passengers, and household goods carriers, and for denying, suspending and revoking operating authorities of such carriers that fail to meet statutory and regulatory requirements. This work is performed by the Transportation License Section, the Transportation and Enforcement Section. The 45 authorized staff positions in TEB are spread evenly between licensing (14 staff), enforcement section-north (15 staff) and enforcement section-south (15 staff).
Type of Carrier No. Permitted
Charter-party carriers of passengers 8,942
Private carrier of passengers 1,310
Household goods carriers 1,077
Passenger stage corporations 262
Among the powers of the CPUC, the agency has the ability to inspect books and records, access a carrier’s property and issue telephone disconnects for violations related to advertising unlicensed services. However, many of these powers are currently missing from this bill. The author and committee may wish to amend this bill to ensure these powers also apply to CPUC regulation of taxicab services.
However, the agency has been challenged to adequately enforce the many carriers operating in the state, including the over one hundred thousand TNCs vehicles on California’s streets and roads. After a scathing State Auditor’s review of the agency’s transportation program, the legislature passed legislation to authorize local law enforcement to work with the agency on enforcement of buses and limousines, SB 541 (Hill, Chapter 718, Statutes of 2015). The author and committee may wish to amend this bill to include taxicab services among the services that locals are authorized to take enforcement action on and require the CPUC to issue general orders of its regulations of taxicabs which are a necessary tool for law enforcement.
Accessibility services. It is unclear how accessibility services for the disabled population would be addressed. Taxicab services often provide services to disabled residents, including the non-foldable wheelchair assistance. This bill is currently silent on the issue of these existing services, whether by contract agreements or as vehicle and driver requirements. The author may wish to amend this bill to ensure accessibility services are addressed.
Addressing additional local needs. The League of Cities raises concerns about the timing of the bill and the need for cities to transfer licensure information to the CPUC in under such a quick timeframe. The author may wish to amend this bill to provide more time for carriers, cities/counties and the CPUC to prepare appropriately for a successful transition. Additionally, local cities and counties are tasked with managing traffic on their city streets and roads. Yet, CPUC licensing decisions and data information is not available to local cities. The author may wish to require the CPUC to address data sharing with local agencies.
Other issues. This bill merits further amendments to address a number of areas that may have been overlooked or need clarification:
- Insurance requirements – need to include carrier commercial liability coverage which augments the requirements in this bill for drivers.
- Ensure the driver requirements in Article 7 are shifted to carrier requirements of their drivers.
- Vehicle inspection – remove the option to conduct self-inspections.
- Airports – remove the prohibitions on airports to impose fees and other requirements.
Double Referral. Should this bill be approved by this committee, it will be re-referred to the Senate Committee on Transportation and Housing for its consideration.
Prior/Related Legislation
SB 541 (Hill, Chapter 718, Statutes of 2015) proposed a suite of requirements of the CPUC in an effort to strengthen the agency’s overall program and enforcement of for-hire transportation carriers. The bill also expanded enforcement authority to other peace officers in addition to the California Highway Patrol for bus and limousine licensing activities.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Taxi Paratransit Association of California (Source)
American Cab
CityWide
Fiesta Taxi
Silicon Valley Cab Company, Inc.
Yellow Cab of Los Angeles
Yellow Checker and Cab Company, Inc.
17 Individuals
OPPOSITION:
California Regional Council Taxi Workers Alliance (AFL-CIO)
USA Cab LTD
An Individual
ARGUMENTS IN SUPPORT: According to the author, “California’s current taxi regulation process is antiquated and extremely onerous. Taxis are the only for-hire transportation model that is fully regulated at the local level, while other for-hire transportation models have one set of statewide requirements governing their operation. This disparity places taxis at a severe competitive disadvantage. The laws and regulations governing the provision of transportation services are many decades old and have evolved slowly. As with many new technologies, the rapid growth of TNCs has created a disruption in the taxi’s archaic model of transportation. While this change has created many benefits to transportation customers, it has also created an unfair disadvantage for taxis to compete in the market. In order to compete in the changing for-hire transportation ecosystem, taxis should be regulated by one statewide set of standards because the current system restricts competition by setting different, more onerous rules for taxis.”
ARGUMENTS IN OPPOSITION: The Taxi Workers Alliance argues “it would be a grave mistake to place taxi regulation in the hands of the CPUC, an agency that doesn’t want it and even more importantly lacks the resources to assume it… the rest of the bill aims to gut all standards in the taxi industry, including insurance, metered fare, inspections and airport requirements. Such deregulation of the industry will create a race to the bottom to the detriment of the public as well as taxi drivers.” They argue that taxi regulation should be moved over to the county level which would eliminate the need for permits for each city but not ignore legitimate local concerns. They also state that the insurance requirements are inadequate and unclear.
-- END --
AB 650
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 650
Introduced: 2/24/15
SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/9/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak
ASSEMBLY FLOOR: 80-0, 5/14/15 - See last page for vote
SUBJECT: Horse racing: out-of-state thoroughbred races: Blue Grass Stakes.
DIGEST: This bill adds the full card of races originating from Keeneland Racecourse in Lexington, Kentucky, on “Blue Grass Stakes” day, to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
ANALYSIS:
Existing law:
Provides that the California Horse Racing Board (CHRB) shall regulate the various forms of horse racing authorized in this state.
Limits the number of races that may be imported by associations and fairs to no more than 50 races per day on days when live thoroughbred or fair racing is being conducted in this state, with specified exceptions.
Exempts from that 50 race per day limit races imported that are part of the race card of certain prominent races, including the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders' Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap or the Haskell Invitational.
Authorizes thoroughbred racing associations or fairs to distribute the audiovisual signal and accept wagers on the results of out-of-state and international thoroughbred races during the calendar period the association or fair is conducting live racing, including days on which there is no live racing being conducted by the association or fair.
This bill adds the “Blue Grass Stakes ” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
Background
Blue Grass Stakes. The Blue Grass Stakes, currently known as the Toyota Blue Grass Stakes due to sponsorship by the Toyota Motor Corporation, is an American Grade 1 horse race for 3-year old thoroughbreds held annually in April at Keeneland Racecourse in Lexington, Kentucky. The race is named for the Bluegrass region of Kentucky, characterized by grass having bluish-green culms, which is known as the "heart" of the thoroughbred racing industry. First run at the Kentucky Association track in Lexington in 1911, the Blue Grass Stakes has, from its inception, served as an important prep race for the Kentucky Derby. The race is run at a distance of nine furlongs (1-1/8 miles) on dirt.
Purpose of AB 650. This bill provides that all races imported by a thoroughbred association or fair that are part of the race card of the overall Blue Grass Stakes day would be exempted from the 50-race per day limit, as defined in current law. Over the years, this law has been amended to allow specific notable races to be imported outside of this cap for promotional and financial reasons.
The author’s office notes that this bill is intended to help increase public interest and participation at California racetracks and satellite wagering facilities. The satellite importation of this historic and prestigious race will allow California racetracks to remain competitive, increase the wagering handle on this specific race day and will lead to increased purses, racetrack revenue, and breeders' awards in this state.
Satellite Wagering. Satellite wagering via an off-track facility has been legal in California since 1985. It was authorized at a time when California racetracks were beginning to experience declining attendance and handle figures. The industry believed that making the product easier to access not only would expose and market horse racing to potential customers, but also would make it more convenient for the existing patrons to wager more often.
Simulcasting. Simulcasting is the process of transmitting the audio and video signal of a live racing performance from one facility to a satellite for re-transmission to other locations or venues where parimutuel wagering is permitted. Simulcasting provides racetracks with the opportunity to increase revenues by exporting their live racing content to as many wagering locations as possible, such as other racetracks, fair satellite facilities and Indian casinos. Revenues are increased because simulcasting provides racetracks that export their live content with additional customers in multiple locations who would not have otherwise been able to place wagers on the live racing event.
Racetrack Attendance. Over the past 25 years the industry has witnessed a general decline in the number of people attending and wagering at live horse racetracks in California due to a number of factors, including increased competition from other forms of gaming, unwillingness of customers to travel a significant distance to racetracks and the availability of off-track wagering. The declining attendance at live horse racing events has prompted racetracks to rely on revenues from in-state and out-of-state satellite wagering and account wagering.
Prior/Related Legislation
SB 187 (Hall, 2015) adds the “Wood Memorial” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 1295 (Gray, 2015) provides that the limitation of 50 imported races per day does not apply to races imported into the combined central and southern zones when there is live thoroughbred or fair racing being conducted in those zones but no live thoroughbred or fair racing is being conducted in the northern zone.
AB 364 (Gipson, 2015) adds the “Belmont Derby Invitational” to the group of races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2655 (Hall, Chapter 149, Statutes of 2014) added the “Apple Blossom Handicap” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT:
(Verified 6/9/15)
California Authority of Racing Fairs
OPPOSITION: (Verified 6/9/15)
None received
ASSEMBLY FLOOR: 80-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Arthur Terzakis / G.O. / (916) 651-1530
2/14/26 17:26:54
**** END ****
AB 650 (Perea) Page 6 of 6
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB 650 Hearing Date: 6/9/2015
Author: |
Perea |
||
Version: |
2/24/2015 Introduced |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Arthur Terzakis |
||
SUBJECT: Horse racing: out-of-state thoroughbred races: Blue Grass Stakes.
DIGEST: This bill adds the full card of races originating from Keeneland Racecourse in Lexington, Kentucky, on “Blue Grass Stakes” day, to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
ANALYSIS:
Existing law:
Provides that the California Horse Racing Board (CHRB) shall regulate the various forms of horse racing authorized in this state.
Limits the number of races that may be imported by associations and fairs to no more than 50 races per day on days when live thoroughbred or fair racing is being conducted in this state, with specified exceptions.
Exempts from that 50 race per day limit races imported that are part of the race card of certain prominent races, including the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders' Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap or the Haskell Invitational.
Authorizes thoroughbred racing associations or fairs to distribute the audiovisual signal and accept wagers on the results of out-of-state and international thoroughbred races during the calendar period the association or fair is conducting live racing, including days on which there is no live racing being conducted by the association or fair.
This bill adds the “Blue Grass Stakes ” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
Background
Blue Grass Stakes. The Blue Grass Stakes, currently known as the Toyota Blue Grass Stakes due to sponsorship by the Toyota Motor Corporation, is an American Grade 1 horse race for 3-year old thoroughbreds held annually in April at Keeneland Racecourse in Lexington, Kentucky. The race is named for the Bluegrass region of Kentucky, characterized by grass having bluish-green culms, which is known as the "heart" of the thoroughbred racing industry. First run at the Kentucky Association track in Lexington in 1911, the Blue Grass has, from its inception, served as an important prep race for the Kentucky Derby. The race is run at a distance of nine furlongs (1-1/8 miles) on dirt.
Purpose of AB 650. This bill provides that all races imported by a thoroughbred association or fair that are part of the race card of the overall Blue Grass Stakes day would be exempted from the 50-race per day limit, as defined in current law. Over the years, this law has been amended to allow specific notable races to be imported outside of this cap for promotional and financial reasons.
The author’s office notes that this bill is intended to help increase public interest and participation at California racetracks and satellite wagering facilities. The satellite importation of this historic and prestigious race will allow California racetracks to remain competitive, increase the wagering handle on this specific race day and will lead to increased purses, racetrack revenue, and breeders' awards in this state.
Satellite Wagering. Satellite wagering via an off-track facility has been legal in California since 1985. It was authorized at a time when California racetracks were beginning to experience declining attendance and handle figures. The industry believed that making the product easier to access not only would expose and market horse racing to potential customers, but also would make it more convenient for the existing patrons to wager more often.
Simulcasting. Simulcasting is the process of transmitting the audio and video signal of a live racing performance from one facility to a satellite for re-transmission to other locations or venues where parimutuel wagering is permitted. Simulcasting provides racetracks with the opportunity to increase revenues by exporting their live racing content to as many wagering locations as possible, such as other racetracks, fair satellite facilities and Indian casinos. Revenues are increased because simulcasting provides racetracks that export their live content with additional customers in multiple locations who would not have otherwise been able to place wagers on the live racing event.
Racetrack Attendance. Over the past 25 years the industry has witnessed a general decline in the number of people attending and wagering at live horse racetracks in California due to a number of factors, including increased competition from other forms of gaming, unwillingness of customers to travel a significant distance to racetracks and the availability of off-track wagering. The declining attendance at live horse racing events has prompted racetracks to rely on revenues from in-state and out-of-state satellite wagering and account wagering.
Prior/Related Legislation
SB 187 (Hall, 2015) adds the “Wood Memorial” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races. (Pending in Assembly policy committee)
AB 1295 (Gray, 2015) provides that the limitation of 50 imported races per day does not apply to races imported into the combined central and southern zones when there is live thoroughbred or fair racing being conducted in those zones but no live thoroughbred or fair racing is being conducted in the northern zone. (Pending in this committee)
AB 364 (Gipson, 2015) adds the “Belmont Derby Invitational” to the group of races in Horse Racing Law which are exempt from the 50-race per day limit on imported races. (Pending in this Committee)
AB 2655 (Hall, Chapter 149, Statutes of 2014) added the “Apple Blossom Handicap” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2693 (Governmental Organization, Chapter 350, Statutes of 2012), among other things, added the “Arkansas Derby” to the group of stakes races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2520 (Hall, Chapter 347, Statutes of 2012) increased the number of races quarter or harness racing associations are allowed to import for simulcast wagering purposes from eight to ten per day on live racing days.
AB 707 (Garrick, Chapter 84, Statutes of 2011) increased from 32 to 50, the limitation on the total number of out-of-state thoroughbred races that may be imported per day by a thoroughbred association or fair that is conducting a live race meet with approval by the CHRB.
AB 2790 (Governmental Organization, Chapter 141, Statutes of 2010) added the "Arlington Million" to the list of imported races not subject to the limitation of 32 races per day.
SB 899 (Denham, Chapter 279, Statutes of 2010) deleted the statewide cap on the number of out-of-country thoroughbred races that a thoroughbred racing association or fair may import, simulcast, and on which wagers may be accepted statewide in any given year.
AB 136 (Silva, Chapter 221, Statutes of 2009) deleted the limitation on the total number of out-of-state or out-of-country harness or quarter horse races that may be imported in a calendar year by a harness or quarter horse racing association.
AB 763 (Chesbro, Chapter 122, Statutes of 2009) authorized the Humboldt County Fair to offer satellite wagering on eight out-of-state races during the August days when the fair is offering live racing, if specified conditions are met.
AB 2048 (Silva, Chapter 439, Statutes of 2008), among other things, increased by two (from six to eight) the number of races that a harness and quarter horse racing association could import on live racing days from out-of-state and out-of-country locations.
AB 3074 (Governmental Organization, Chapter 508, Statutes of 2008) authorized the CHRB to allow harness racing tracks to accept wagers during the Kentucky Futurity and increased from 23 to 32 the total number of thoroughbred races that may be imported statewide for satellite wagering by associations or fairs.
SB 379 (Denham, Chapter 443, Statutes of 2007) added the “Dubai World Cup” to a specified day of races that would be exempted from the 23-race day limit on imported races for satellite wagering.
AB 241 (Price, Chapter 594, Statutes of 2007), among other things, authorized all fairs to operate a satellite wagering facility off of the fair grounds. In addition, authorized the establishment of up to 45 “mini-satellite” wagering sites to be operated by private industry throughout the state.
AB
765 (Evans, Chapter 613, Statutes of 2007) among other things,
reauthorized horse racing's Advance Deposit Wagering law, which was
due to "sunset" on January 1, 2008.
AB 1736 (Governmental Organization, Chapter 444, Statutes of 2007) added the “Travers Stakes” to a specified day of races that would be exempted from the 23-race day limit on imported races for satellite wagering.
SB 1183 (Margett, Chapter 232, Statutes of 2004) authorized a harness racing association that is conducting a live race meeting to accept wagers on the full card of races conducted by another racing association on the day the other racing association conducts the Breeders Crown Stakes, the Meadowlands Pace, the Hambletonian or the North American Cup.
AB 509 (Jerome Horton, Chapter 235, Statutes of 2004) allowed a thoroughbred racing association or fair to import the audiovisual signal, and accept wagers on, the results of out-of-country thoroughbred races.
AB
471 (Hertzberg, Chapter 198, Statutes of 2001), among other things,
allowed a California resident to wager on races (including most
out-of-state racetracks) using the phone, Internet or other
electronic media.
AB 2760 (Wesson, 2000) would have established a backstretch employee labor relations process, as specified, and authorized the CHRB to permit racing associations to accept advanced deposit wagers, as defined. (Vetoed by the Governor on the basis that allowing wagering via the Internet and telephone would be a major change in the status quo and a significant expansion of gambling.)
SB 27 (Maddy, Chapter 335, Statutes of 1998), among other things, authorized wagering on the results of out-of-state thoroughbred races provided that the total number accepted statewide in any given year does not exceed the total number of thoroughbred races on which wagers were accepted in 1998. Also, capped the total number of thoroughbred races imported at 23 per day.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT:
California Authority of Racing Fairs
OPPOSITION:
None received
AB 650
Page 3
ASSEMBLY THIRD READING
AB 650
(Perea)
As Introduced February 24, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Governmental Organization |
18-0 |
Gray, Linder, Achadjian, Alejo, Bigelow, Cooley, Cooper, Daly, Eduardo Garcia, Gipson, Roger Hernández, Jones-Sawyer, Levine, Mayes, Perea, Salas, Waldron, Wilk |
|
SUMMARY: This bill adds the "Blue Grass Stakes" to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
EXISTING LAW:
Provides that the California Horse Racing Board (CHRB) shall regulate the various forms of horse racing authorized in this state.
Limits the number of races that may be imported by associations and fairs to no more than 50 races per day on days when live thoroughbred or fair racing is being conducted in this state, with specified exceptions.
Exempts from that 50 race per day limit races imported that are part of the race card of certain prominent races, including the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders' Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap or the Haskell Invitational.
Authorizes thoroughbred racing associations or fairs to distribute the audiovisual signal and accept wagers on the results of out-of-state and international thoroughbred races during the calendar period the association or fair is conducting live racing, including days on which there is no live racing being conducted by the association or fair.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by Legislative Counsel.
COMMENTS:
Purpose of this bill: The Blue Grass Stakes, currently the Toyota Blue Grass Stakes due to sponsorship by the Toyota Motor Corporation, is an American Grade one horse race for three-year-old thoroughbreds held annually in April at Keeneland Racecourse in Lexington, Kentucky. The race is named for the Bluegrass Region of Kentucky, characterized by grass having bluish-green culms, which is known as the "heart" of the thoroughbred racing industry. First run at the Kentucky Association track in Lexington in 1911, the Blue Grass has, from its inception, served as an important prep race for the Kentucky Derby.
This bill provides that all races imported by a thoroughbred association or fair that are part of the race card of the overall Blue Grass Stakes day would be exempted from the 50-race per day limit, as defined in current law. Over the years, this law has been amended to allow specific notable races to be imported outside of this cap for promotional and financial reasons.
The author’s office notes that this measure is intended to help increase public interest and participation at California racetracks and satellite wagering facilities. The satellite importation of this historic and prestigious race will allow California racetracks to remain competitive, increase the wagering handle on this specific race day and will lead to increased purses, racetrack revenue, and breeders' awards in this state.
Satellite Wagering: Satellite wagering via an off-track facility has been legal in California since 1985. It was authorized at a time when California racetracks were beginning to experience declining attendance and handle figures. The industry believed that making the product easier to access not only would expose and market horse racing to potential customers, but also would make it more convenient for the existing patrons to wager more often.
Simulcasting: Simulcasting is the process of transmitting the audio and video signal of a live racing performance from one facility to a satellite for re-transmission to other locations or venues where pari-mutuel wagering is permitted. Simulcasting provides racetracks with the opportunity to increase revenues by exporting their live racing content to as many wagering locations as possible, such as other racetracks, fair satellite facilities and Indian casinos. Revenues are increased because simulcasting provides racetracks that export their live content with additional customers in multiple locations who would not have otherwise been able to place wagers on the live racing event.
Racetrack Attendance: Over the past 25 years, the industry has witnessed a general decline in the number of people attending and wagering at live horse racetracks in California due to a number of factors, including increased competition from other forms of gaming, unwillingness of customers to travel a significant distance to racetracks and the availability of off-track wagering. The declining attendance at live horse racing events has prompted racetracks to rely on revenues from in-state and out-of-state satellite wagering and account wagering.
Prior/Related Legislation: AB 1295 (Gray) of the current legislative session. Would provide that the limitation of 50 imported races per day does not apply to races imported into the combined central and southern zones when there is live thoroughbred or fair racing being conducted in those zones but no live thoroughbred or fair racing is being conducted in the northern zone. (Pending on the Assembly floor)
AB 2655 (Hall), Chapter 149, Statutes of 2014. Added the "Apple Blossom Handicap" to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2693 (Governmental Organization Committee), Chapter 350, Statutes of 2012. Among other things, added the “Arkansas Derby” to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2520 (Hall), Chapter 347, Statutes of 2012. Increased the number of races quarter or harness racing associations are allowed to import for simulcast wagering purposes from eight to 10 per day on live racing days.
AB 707 (Garrick), Chapter 84, Statutes of 2011. Increased from 32 to 50, the limitation on the total number of out-of-state thoroughbred races that may be imported per day by a thoroughbred association or fair that is conducting a live race meet with approval by the CHRB.
AB 2790 (Governmental Organization Committee), Chapter 141, Statutes of 2010. Added the "Arlington Million" to the list of imported races not subject to the limitation of 32 races per day.
SB 899 (Denham), Chapter 279, Statutes of 2010. Deleted the statewide cap on the number of out-of-country thoroughbred races that a thoroughbred racing association or fair may import, simulcast, and on which wagers may be accepted statewide in any given year.
AB 136 (Silva), Chapter 221, Statutes of 2009. Deleted the limitation on the total number of out-of-state or out-of-country harness or quarter horse races that may be imported in a calendar year by a harness or quarter horse racing association.
AB 763 (Chesbro), Chapter 122, Statutes of 2009. Authorized the Humboldt County Fair to offer satellite wagering on eight out-of-state races during the August days when the fair is offering live racing, if specified conditions are met.
AB 3074 (Governmental Organization Committee), Chapter 508, Statutes of 2008. Authorized the CHRB to allow harness racing tracks to accept wagers during the Kentucky Futurity and increased from 23 to 32 the total number of thoroughbred races that may be imported statewide for satellite wagering by associations or fairs.
SB 379 (Denham), Chapter 443, Statutes of 2007. Added the “Dubai World Cup” to a specified day of races that would be exempted from the 23-race day limit on imported races for satellite wagering.
AB 765 (Evans), Chapter 613, Statutes of 2007. Among other things, reauthorized horse racing's Advance Deposit Wagering law, which was due to "sunset" on January 1, 2008.
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0000331
AB 650
Page 3
Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
AB 650
(Perea) – As Introduced February 24, 2015
SUBJECT: Horse racing: out-of-state thoroughbred races: Blue Grass Stakes
SUMMARY: This bill adds the “Blue Grass Stakes” to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
EXISTING LAW:
Provides that the California Horse Racing Board (CHRB) shall regulate the various forms of horse racing authorized in this state.
Limits the number of races that may be imported by associations and fairs to no more than 50 races per day on days when live thoroughbred or fair racing is being conducted in this state, with specified exceptions.
Exempts from that 50 race per day limit races imported that are part of the race card of certain prominent races, including the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders' Cup, the Dubai Cup, the Arkansas Derby, the Apple Blossom Handicap or the Haskell Invitational.
Authorizes thoroughbred racing associations or fairs to distribute the audiovisual signal and accept wagers on the results of out-of-state and international thoroughbred races during the calendar period the association or fair is conducting live racing, including days on which there is no live racing being conducted by the association or fair.
FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.
COMMENTS:
Purpose of the bill: The Blue Grass Stakes, currently the Toyota Blue Grass Stakes due to sponsorship by the Toyota Motor Corporation, is an American Grade 1 horse race for 3-year-old Thoroughbreds held annually in April at Keeneland Racecourse in Lexington, Kentucky. The race is named for the Bluegrass region of Kentucky, characterized by grass having bluish-green culms, which is known as the "heart" of the Thoroughbred racing industry. First run at the Kentucky Association track in Lexington in 1911, the Blue Grass has, from its inception, served as an important prep race for the Kentucky Derby
This measure provides that all races imported by a Thoroughbred association or fair that are part of the race card of the overall Blue Grass Stakes day would be exempted from the 50-race per day limit, as defined in current law. Over the years, this law has been amended to allow specific notable races to be imported outside of this cap for promotional and financial reasons.
The author’s office notes that this measure is intended to help increase public interest and participation at California racetracks and satellite wagering facilities. The satellite importation of this historic and prestigious race will allow California racetracks to remain competitive, increase the wagering handle on this specific race day and will lead to increased purses, racetrack revenue, and breeders' awards in this state.
Satellite Wagering: Satellite wagering via an off-track facility has been legal in California since 1985. It was authorized at a time when California racetracks were beginning to experience declining attendance and handle figures. The industry believed that making the product easier to access not only would expose and market horse racing to potential customers, but also would make it more convenient for the existing patrons to wager more often.
Simulcasting: Simulcasting is the process of transmitting the audio and video signal of a live racing performance from one facility to a satellite for re-transmission to other locations or venues where pari-mutuel wagering is permitted. Simulcasting provides racetracks with the opportunity to increase revenues by exporting their live racing content to as many wagering locations as possible, such as other racetracks, fair satellite facilities and Indian casinos. Revenues are increased because simulcasting provides racetracks that export their live content with additional customers in multiple locations who would not have otherwise been able to place wagers on the live racing event.
Racetrack Attendance: Over the past 25 years, the industry has witnessed a general decline in the number of people attending and wagering at live horse racetracks in California due to a number of factors, including increased competition from other forms of gaming, unwillingness of customers to travel a significant distance to racetracks and the availability of off-track wagering. The declining attendance at live horse racing events has prompted racetracks to rely on revenues from in-state and out-of-state satellite wagering and account wagering.
Prior/Related Legislation: AB 1295 (Gray) 2015-16 Session. Would provide that the limitation of 50 imported races per day does not apply to races imported into the combined central and southern zones when there is live thoroughbred or fair racing being conducted in those zones but no live thoroughbred or fair racing is being conducted in the northern zone. (Pending in Assembly policy committee)
AB 2655 (Hall), Chapter 149, Statutes of 2014. Added the “Apple Blossom Handicap” to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2693 (Governmental Organization), Chapter 350, Statutes of 2012. Among other things, added the “Arkansas Derby” to the group of stake races in Horse Racing Law which are exempt from the 50-race per day limit on imported races.
AB 2520 (Hall), Chapter 347, Statutes of 2012. Increased the number of races quarter or harness racing associations are allowed to import for simulcast wagering purposes from 8 to 10 per day on live racing days.
AB 707 (Garrick), Chapter 84, Statutes of 2011. Increased from 32 to 50, the limitation on the total number of out-of-state thoroughbred races that may be imported per day by a thoroughbred association or fair that is conducting a live race meet with approval by the CHRB.
AB 2790 (Governmental Organization), Chapter 141, Statutes of 2010. Added the "Arlington Million" to the list of imported races not subject to the limitation of 32 races per day.
SB 899 (Denham), Chapter 279, Statutes of 2010. Deleted the statewide cap on the number of out-of-country thoroughbred races that a thoroughbred racing association or fair may import, simulcast, and on which wagers may be accepted statewide in any given year.
AB 136 (Silva), Chapter 221, Statutes of 2009. Deleted the limitation on the total number of out-of-state or out-of-country harness or quarter horse races that may be imported in a calendar year by a harness or quarter horse racing association.
AB 763 (Chesbro), Chapter 122, Statutes of 2009. Authorized the Humboldt County Fair to offer satellite wagering on eight out-of-state races during the August days when the fair is offering live racing, if specified conditions are met.
AB 3074 (Governmental Organization), Chapter 508, Statutes of 2008. Authorized the CHRB to allow harness racing tracks to accept wagers during the Kentucky Futurity and increased from 23 to 32 the total number of thoroughbred races that may be imported statewide for satellite wagering by associations or fairs.
SB 379 (Denham), Chapter 443, Statutes of 2007. Added the “Dubai World Cup” to a specified day of races that would be exempted from the 23-race day limit on imported races for satellite wagering.
AB 765 (Evans), Chapter 613, Statutes of 2007. Among other things, reauthorized horse racing's Advance Deposit Wagering law, which was due to "sunset" on January 1, 2008.
REGISTERED SUPPORT / OPPOSITION:
Support
California Authority of Racing Fairs
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Discussed in Hearing
23MIN
Assembly Floor
10MIN
Senate Floor
20MIN
Senate Standing Committee on Transportation and Housing
38MIN
Senate Standing Committee on Energy, Utilities and Communications
38SEC
Assembly Floor
53SEC
Assembly Standing Committee on Governmental Organization
Bill Co-Author(s):
