Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.

This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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 the statutory provisions noted above.

Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.

This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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 the statutory provisions noted above.

Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.

This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide written electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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 the statutory provisions noted above.

This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The Passenger Charter-party Carriers Act, with certain exceptions, requires a charter-party carrier of passengers that engages in transportation services subject to regulation by the Public Utilities Commission to obtain a specified certificate or permit, as appropriate, from the commission, subject to various requirements. A violation of the act is a crime.

This bill bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services services, to provide a written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill, among other things, would require these charter-party carriers of passengers to maintain insurance coverage for umbrella liability, as specified, and liability for civil rights violations, as provided. In addition to any fine or penalty that may be assessed pursuant to the Passenger Charter-party Carriers Act, the bill would create impose a civil penalty of up to $10,000 for each act, committed by charter-party carriers of passengers, of transporting one or more passengers in violation of the bills provisions. Because a violation of the Passenger Charter-party Carriers Act is a crime, the bill would impose a state-mandated local program. The bill would make its provisions severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law generally regulates the business of insurance in the state, including the conduct of insurance licensees. Existing law prohibits the Insurance Commissioner from refusing a bail license without specified proceedings being initiated within 60 days from the date of filing of the completed application.

This bill would remove the requirement that the specified proceedings be initiated within 60 days.

Existing law requires the license of any licensee that is suspended by the Secretary of State to become inactive. Existing law prohibits an inactive licensee from conducting any activity, as specified, until the licensee is no longer suspended by the Secretary of State. Existing law requires specified provisions of the Insurance Code to apply to bail licensees and includes bail licensees in the terms insurance agent and licensee, as used in those provisions.

This bill would apply the suspended license restrictions to inactive bail licensees and include bail license applicants within the terms insurance agent and licensee for purposes of these provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2780

Author:(McKinnor)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

This bill establishes the Carrier of Passengers Act of 2024, which would require certain carrier of passengers, as defined, to notify and coordinate with local jurisdictions regarding the disembarkation of 10 or more passengers who are likely to seek emergency shelter. This bill also makes those carriers liable for civil actions and penalties for violation of this bill provisions, as specified.

Senate Amendments

1. Prohibits a governing body from sharing or disclosing with any immigration authority any information shared or received pursuant to this bill without a court-ordered subpoena or judicial warrant.
2. Require that an electronic notice be provided to the designated point of contact at the governing body, as specified, instead of a written notice.
3. Requires a governing body that elects to designate a specific location for disembarkation to post notice of that location on the governing body's internet website, and requires the carrier of passengers to check the internet website before embarkation.
4. Authorizes the Attorney General, a district attorney, or a city attorney to bring an enforcement action.
5. Provides that a prevailing plaintiff shall be entitled to attorney's fees and costs in any action brought pursuant to the provisions of this bill.

COMMENTS

1. Defining the problem and intent of this bill to address it. In response to a perceived crisis at the southern United States border and an influx of undocumented immigrants entering the country in recent years, anti-immigrant Republican Governors have instituted policies to transport migrants from their states to cities with Democrat leaders, including in California. For example, in June 2022, Governor Ron DeSantis of Florida signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. In April 2022, Governor Gregg Abott of Texas directed the Texas Division of Emergency Management to charter buses to transport migrants from Texas to Washington, D.C. Governor Abott later expanded the order to include other locations, including cities in California.

The decision to move migrants from Republican-led states like Florida and Texas to Democrat-led cities and states like Los Angeles, San Diego, Washington, DC, and New York City is openly politically-motivated and intended to draw a contrast between those state's harsh anti-immigrant policies alongside more welcoming policies in Democrat-led jurisdiction. Although there are clear differences in public policy and approach to dealing with immigration, the decision to bus vulnerable immigrants between locations dehumanizes these recent immigrants as pawns in a political game among states. This bill is intended to curb the negative impact to the vulnerable migrants by requiring the carriers transporting the migrants coordinate with local governments, in order ensure the arrivals have an opportunity to be connected to services. This bill also makes the carriers civilly liable for damages if they violate the provisions of this bill.

1. Procedures for coordination between operator and local jurisdiction. This bill would require charter-party carriers to provide advance notice and specified information to local jurisdictions regarding disembarkation. This bill also requires carriers to disclose information to the passengers at embarkation, or the beginning a trip. Further, this bill would authorize the governing body with jurisdiction at the location of disembarkation to determine the exact location of disembarkation. These coordination provisions would serve to secure the safety both of the passengers onboard such a motor vehicle, but also of the communities where the passengers may disembark. Without the coordination, the passengers would have no direct access to housing, health, or other useful services that may assist them on their journey. With more coordinate the local jurisdiction, local nonprofits, and other aid groups may be more prepared to receive the passengers as well.
2. Expansion of civil liability for charter-party carriers. Under the provisions of this bill, carriers that violate the provisions of this bill could be subject to legal action initiated by various entities including state and local law enforcement, a passenger that was transported, or certain nonprofit organizations. Additionally, this bill also makes violators subject to civil penalties up to $10,000 for each act. All together this bill would greatly expand the legal liability of charter party carriers who reasonably should have known they were engaging in covered activities. In turn, these provisions of this bill may act as a deterrent to carrier engaging in this type of practice or doing so in a manner that does not include local coordination, at a very minimum.
3. Federal law and the United States Constitution may limit the application of this bill. Under existing law, namely the Commerce Clause of the United States Constitution, Congress has broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Interstate commerce means any work involving or related to the movement of persons or things across state lines or from foreign countries. This bill, which is squarely about the transport of persons across state lines into California, therefore concerns interstate commerce. Under the Supremacy Clause of the United State Constitution, states are prohibited from interfering with the federal government's exercise of its constitutional powers. While neither the Commerce Clause nor the Supremacy Clause explicitly prohibit states from passing laws that impact interstate commerce, on their own and especially in conjunction they do introduce an additional level of scrutiny to consider regarding this bill.

For example, regarding the supremacy clause, the foremost relevant fact to be mindful of is that Congress has passed laws concerning the transport of passengers across state lines, suggesting that those laws would have supremacy over a state law. In particular, Title 49 section 13501 of the United States Code provides for Federal jurisdiction over motor carriers engaged in interstate commerce. Unless subject to an exemption, all for-hire passenger carriers engaged in interstate commerce must obtain operating authority from the Federal Motor Carrier Safety Administration. This bill has been amended in a manner that attempts to account for potential legal challenges. Nonetheless, given the risk of litigation this bill also includes a severability clause to ensure this bill may still go into effect even if some portions are prohibited from being enforced under federal law.

According to the Author

"Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. Sometimes prior notices to local authorities or nonprofit groups before discharging vulnerable passengers are not provided and other times these notices are inconsistent, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California."

Arguments in Support

The Coalition for Humane Immigrant Rights ("CHIRLA"), writes in support that "[this bill] is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve."

Arguments in Opposition

None on file.

FISCAL COMMENTS

There is an unknown, but potentially significant cost pressure to the state funded trial court system to adjudicate the new cause of action created by this bill. The Senate Appropriations Committee analysis notes that an eight hour court day costs approximately $8,000 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars.

VOTES:

ASM COMMUNICATIONS AND CONVEYANCE: 10-1-0

YES: Boerner, Jim Patterson, Bonta, Davies, Garcia, Holden, Maienschein, Stephanie Nguyen, Luz Rivas, Rodriguez

NO: Hoover

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Villapudua

ABS, ABST OR NV: Ta

ASSEMBLY FLOOR: 64-1-15

YES: Addis, Aguiar-Curry, Alanis, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Mike Fong, Friedman, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Essayli

ABS, ABST OR NV: Alvarez, Arambula, Cervantes, Megan Dahle, Flora, Vince Fong, Gabriel, Gallagher, Hoover, Lackey, Mathis, Stephanie Nguyen, Joe Patterson, Luz Rivas, Ta

SENATE FLOOR: 32-5-3

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Jones, Nguyen, Seyarto, Wilk

ABS, ABST OR NV: Dahle, Grove, Ochoa Bogh

UPDATED

VERSION: June 26, 2024

CONSULTANT: Emilio Perez / C. & C. / (916) 319-2637 FN: 0004722

 THIRD READING  

Bill No: AB 2780

Author: McKinnor (D)

Amended: 6/26/24 in Senate

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 14-1, 6/18/24

AYES: Bradford, Ashby, Becker, Caballero, Dodd, Durazo, Eggman, Gonzalez, Limón, Min, Newman, Rubio, Skinner, Stern

NOES: Seyarto

NO VOTE RECORDED: Dahle, Grove, Wilk

SENATE JUDICIARY COMMITTEE: 10-0, 7/2/24

AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab

NO VOTE RECORDED: Wilk

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 64-1, 5/20/24 - See last page for vote

SUBJECT: Carrier of Passengers Act of 2024

SOURCE: Coalition for Humane Immigrant Rights
Ricardo Lara, Insurance Commissioner of California

DIGEST: This bill creates the Carrier of Passengers Act of 2024.

ANALYSIS:

Existing law:

1. Prohibits the federal government from returning to their home countries people whose life or freedom would be threatened because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1231(b)(3).) Provides for the protection of people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (UN General Assembly, Universal Declaration of Human Rights, Dec. 10, 1948, 217A(III), Art. 14.) Protects all asylum seekers by prohibiting the federal government from returning to their home countries people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (8 U.S.C. §1101(a)(42)(A).)
2. Provides that youth may have temporary protection from deportation and work authorization for two-year periods, as specified. (See Janet Napolitano, June 15, 2012 policy memorandum announcing the DACA program)^[1] Provides that victims of certain crimes may obtain immigration relief through a Victim of Crime Visa (U-Visa) and victims of human trafficking may obtain immigration relief through a Victim of Trafficking Visa (T-Visa). (8 U.S.C. § 1101(a)(15)(U); 8 U.S.C. § 1101(a)(15)(T).) Provides immigration relief that relies on a state’s interest in the welfare of children by providing for Special Immigrant Juvenile Status where a state determines that reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law and that it would not be in the child’s best interest to return to their home country. (8 U.S.C. § 1101 (a)(27)(J).)
3. Defines “Charter-party carrier of passengers” under the Public Utilities Code Section 536.

This bill:

1. Creates the Carrier of Passengers Act of 2024.
2. Defines the following terms for purposes of the bill:
3. “Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
4. “Charter-party carrier of passengers” has the same meaning as used in Public Utilities Code Section 5360.
5. “Disembarkation” means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
6. “Embarkation” means the physical commencement of a transportation service provided by a carrier of passengers.
7. “Motor vehicle” has the same meaning as used in Public Utilities Code Section 5359.
8. Provides that the bill applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. Provides that “likely to seek emergency shelter and other immediate services upon disembarkation” may include, but is not limited to, any of the following: temporary housing or shelter; food; clothing; medical screenings.
9. Creates a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation.
10. Requires that at least 24 hours before embarkation, a carrier of passengers shall provide an electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation.
11. Provides that this electronic notice required in 5), above, shall include all of the following information:
12. The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.
13. The waybill or trip report, consistent with Public Utilities Code § 5381.5.
14. The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
15. A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.
16. Provides that the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may designate a specific location of disembarkation within the governing body’s jurisdiction.
17. Provides that a governing body described in paragraph 7), above, that elects to designate a specific location of disembarkation pursuant to paragraph 7) shall post notice of that location on the governing body’s internet website. Provides that the carrier of passengers shall check the internet website before embarkation.
18. Requires the carrier of passengers to check the internet website before embarkation. Specifies that if the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to 6), above.
19. Provides that if a governing body elects to designate a specific location of disembarkation and has provided electronic notice of that location or posted notice of that location on the governing body’s internet website, disembarkation shall only occur at that location.
20. Requires that the location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Requires the notice and agreement to be done in the passenger’s primary language. If the passenger is a minor then the agreement shall be done by the minor’s parent or guardian before embarkation.
21. Prohibits a governing body from sharing, disclosing, or otherwise making accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, information shared or received pursuant to this bill without a court-ordered subpoena or judicial warrant.
22. Provides that any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this bill:

1. The Attorney General, a district attorney, or a city attorney.
2. A passenger who was transported in violation of this bill.
3. A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this bill.
4. Provides that a carrier of passengers that violates provisions of this bill, or whose employee violates provisions of this bill, may be assessed a civil penalty of up to $10,000 for each act of transporting a person that resulted in one or more violations of this bill. Provides that the Attorney General, a district attorney, or a city attorney may bring the action for civil penalties.
5. Provides that a prevailing plaintiff shall be entitled to attorney’s fees and costs in any action brought pursuant to 13) and 14), above.
6. Provides that Article 6 of the Public Utilities Code (commencing with Section 5411) of Chapter 8 does not apply for purposes of this bill.
7. Specifies that the provisions of this bill do not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this bill.
8. Specifies that any local ordinance, code, regulation, or order is not inconsistent with this bill if it affords greater protection to passengers than the requirements set forth in this bill.
9. Specifies that any local ordinance, code, regulation, or order that duplicates or supplements the provisions of this bill shall be construed as providing alternative remedies to those set forth in this bill, and shall not be construed to preempt, limit, prohibit, or otherwise affect this bill.
10. Provides that this bill shall only be implemented to the extent that implementation is consistent with federal law.
11. Provides that the provisions of this bill are severable and if any provision of the bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
12. Specifies that this bill applies to all cities, including charter cities.

Comments

According to the author:

Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. Sometimes prior notices to local authorities or nonprofit groups before discharging vulnerable passengers are not provided and other times these notices are inconsistent, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California.

The provisions of this bill apply to any carrier of passengers operating a motor vehicle, as defined, who knows or reasonably should know that the motor vehicle will be transporting 10 or more passengers who are likely to seek emergency shelter and other immediate services upon arrival. The bill requires that at least 24 hours before embarkation, the carrier of passengers shall provide an electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of arrival. The required electronic notice must include information such as the anticipated date and time of arrival of passengers at the geographic location, the address of arrival, and a description of the motor vehicle that will help local officials identify the vehicle. The governing body of the city, county, or city and county with jurisdiction at the geographic location of arrival may choose to designate a specific location of arrival within the governing body’s jurisdiction. If the governing body chooses to designate a specific location of arrival then the governing body must post notice of that location on their website. The carrier of passengers is required to check the website and must arrive at the geographic location that is posted. If the governing body does not designate a location then the carrier of passengers may arrive at the location that the carrier specified. The carrier of passengers must also notify the passengers, in their primary language, of the location they will arrive at, including the city and county, and must receive agreement regarding travelling to that that location from each passenger. The bill requires governing bodies to protect information about the passengers from immigration authorities.

The Attorney General, a district attorney, or city attorney may bring a civil action against a carrier of passengers that violates provisions of this bill. A civil penalty of up to $10,000 may be assessed for each act of transporting a person that resulted in violation of this bill. The Attorney General, a district attorney, city attorney, passenger who was transported in violation of this bill, and other specified providers who suffered a direct violation of the provisions of the bill, can seek preventative relief. The bill provides attorney’s fees and costs for prevailing plaintiffs.

The Coalition for Humane Immigrant Rights, sponsor of this bill, write the following in support:

AB 2780 stems from work CHIRLA has engaged in at the local level in the Los Angeles area to support newly arrived migrants, in particular, AB 2780 seeks to ensure cities and counties receive 24-hour advance notice when outside entities are transporting individuals in need of support services to California. This bill seeks to ensure localities and partner organizations have ample time to welcome new arrivals in a just and human manner.

[…] Migrants who are bussed from Texas have often recently arrived and have undergone often long and treacherous journeys are immediately placed on buses with little to no support being provided to them beforehand. CHIRLA and our partner organizations work diligently to provide support services to migrants upon their arrival to Los Angeles but without advance notice, it can be challenging to coordinate the various support services needed. Welcoming organizations have received buses on weekends and holidays and at times only receive a 20-minute advance notice.

AB 2780 is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve. [ . . . ]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee,

Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the new cause of action created by this bill. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred, if parties settle the matter before the filing of an action, and the factors unique to each case. An eight hour court day costs approximately $8,000 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25.

SUPPORT: (Verified 8/16/24)

Coalition for Humane Immigrant Rights (source)
Ricardo Lara, Insurance Commissioner of California (source)

OPPOSITION: (Verified 8/16/24)

None received

ASSEMBLY FLOOR: 64-1, 5/20/24

AYES: Addis, Aguiar-Curry, Alanis, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Mike Fong, Friedman, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Essayli

NO VOTE RECORDED: Alvarez, Arambula, Cervantes, Megan Dahle, Flora, Vince Fong, Gabriel, Gallagher, Hoover, Lackey, Mathis, Stephanie Nguyen, Joe Patterson, Luz Rivas, Ta

Prepared by: Margie Estrada / JUD. / (916) 651-4113

8/18/24 9:19:35

**** END ****

1. Department of Homeland Security, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, June 15, 2012, available at https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf [as of June 18, 2024].) ↑

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2780 (McKinnor) - Carrier of Passengers Act of 2024

Bill Summary:

AB 2780 creates the Carriers of Passengers Act of 2024 to establish protections for passengers arriving in the United States seeking emergency shelter.

Fiscal Impact:

Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the new cause of action created by this bill. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred, if parties settle the matter before the filing of an action, and the factors unique to each case. An eight hour court day costs approximately $8,000 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25.

Background:

According to California Insurance Commissioner, Ricardo Lara:

Since April 2022, the states of Texas, Florida and Arizona have contracted private transportation companies to transport over 100,000 vulnerable persons, mostly migrants from communities of color, to destinations outside of their state borders. Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento.

California itself shares an international border, and we have more migrants within our borders than any other state. Many have escaped terrible conditions with only the clothes on their back, and we do not expect them to call ahead first. But when commercial transportation companies contract to deliver large groups of vulnerable people to California – people who any reasonable person should know will require food, water and shelter – the least we can do is require 24 hours’ notice so that our public and nonprofit supportive services can prepare for them.

Proposed Law:

• Defines “Carrier of passengers” as a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
• Defines “Disembarkation” as the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
• Provides that the bill applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.
• Provides that “likely to seek emergency shelter and other immediate services upon disembarkation” may include, but is not limited to, any of the following: temporary housing or shelter; food; clothing; medical screenings.
• Creates a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation.
• Requires that at least 24 hours before embarkation, a carrier of passengers shall provide an electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, which shall include all of the following information:
  • The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.
  • The waybill or trip report.
  • The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
  • A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.
• Provides that the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may designate a specific location of disembarkation within the governing body’s jurisdiction.
• Requires that the location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Requires the notice and agreement to be done in the passenger’s primary language. If the passenger is a minor then the agreement shall be done by the minor’s parent or guardian before embarkation.
• Prohibits a governing body from sharing, disclosing, or otherwise making accessible to any immigration authority, of the Government Code, information shared or received pursuant to this bill without a court-ordered subpoena or judicial warrant.
• Provides that any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this bill:
  • The Attorney General, a district attorney, or a city attorney.
  • A passenger who was transported in violation of this bill.
  • A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this bill.
• Provides that a carrier of passengers that violates provisions of this bill, or whose employee violates provisions of this bill, may be assessed a civil penalty of up to $10,000 for each act of transporting a person that resulted in one or more violations of this bill. Provides that the Attorney General, a district attorney, or a city attorney may bring the action for civil penalties.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 2780 (Author:McKinnor)

Version: June 26, 2024

Hearing Date: July 2, 2024

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Carrier of Passengers Act of 2024

DIGEST

This bill creates the Carrier of Passengers Act of 2024.

EXECUTIVE SUMMARY

While Congress has failed to pass comprehensive immigration reform, the California Legislature has taken steps to better protect its undocumented residents. California has a recent legacy of protecting its immigrant residents and providing opportunity for their socioeconomic advancement and equal justice through legislation.

In total contrast to California’s values, Governors of other states vilify immigrants and have subjected immigrants to busing programs to transfer them out of state. The Governor of Texas has boasted about his busing plan, whereby he contracts with transportation providers to ship immigrants out of Texas.^[1] The intent behind AB 2780 is to ensure cities and counties and organizations that help immigrants are given information that allow for the coordination of services for immigrants as soon as they are transported into the locality in California. It is inhumane to deliver human beings to a new city that is willing to offer assistance and instead of coordinating with the city, choose to callously abandon immigrants there. This bill simply requires coordination between the transporter of passengers who are likely to seek emergency shelter and other immediate services upon arrival and the locality where the vulnerable population is being transported to. This coordination will allow organizations, such as the sponsors of this bill, and localities in California to be better prepared to welcome immigrants into their communities and provide them with the dignity and assistance they deserve.

This bill is sponsored by the California Insurance Commissioner Ricardo Lara and the Coalition for Humane Immigrant Rights. The Committee did not receive timely opposition to the bill. AB 2780 passed the Senate Energy, Utilities and Communications Committee with a vote of 14 to 1.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Prohibits the federal government from returning to their home countries people whose life or freedom would be threatened because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1231(b)(3).)
2. Provides for the protection of people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (UN General Assembly, Universal Declaration of Human Rights, Dec. 10, 1948, 217A(III), Art. 14.)
3. Protects all asylum seekers by prohibiting the federal government from returning to their home countries people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (8 U.S.C. §1101(a)(42)(A).)
4. Provides that youth may have temporary protection from deportation and work authorization for two-year periods, as specified. (See Janet Napolitano, June 15, 2012 policy memorandum announcing the DACA program)^[2]

1. Provides that victims of certain crimes may obtain immigration relief through a Victim of Crime Visa (U-Visa) and victims of human trafficking may obtain immigration relief through a Victim of Trafficking Visa (T-Visa). (8 U.S.C. § 1101(a)(15)(U); 8 U.S.C. § 1101(a)(15)(T).)
2. Provides immigration relief that relies on a state’s interest in the welfare of children by providing for Special Immigrant Juvenile Status where a state determines that reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or similar basis found under state law and that it would not be in the child’s best interest to return to their home country. (8 U.S.C. § 1101 (a)(27)(J).)
3. Defines “Charter-party carrier of passengers” under the Public Utilities Code Section 5360 as [enter definition]

This bill:

1. Creates the Carrier of Passengers Act of 2024.
2. Defines the following terms for purposes of the bill:
3. “Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
4. “Charter-party carrier of passengers” has the same meaning as used in Public Utilities Code Section 5360.
5. “Disembarkation” means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
6. “Embarkation” means the physical commencement of a transportation service provided by a carrier of passengers.
7. “Motor vehicle” has the same meaning as used in Public Utilities Code Section 5359.
8. Provides that the bill applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. Provides that “likely to seek emergency shelter and other immediate services upon disembarkation” may include, but is not limited to, any of the following: temporary housing or shelter; food; clothing; medical screenings.
9. Creates a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation.
10. Requires that at least 24 hours before embarkation, a carrier of passengers shall provide an electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation.
11. Provides that this electronic notice required in 5), above, shall include all of the following information:
12. The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.
13. The waybill or trip report, consistent with Public Utilities Code § 5381.5.
14. The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
15. A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.
16. Provides that the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may designate a specific location of disembarkation within the governing body’s jurisdiction.
17. Provides that a governing body described in paragraph 7), above, that elects to designate a specific location of disembarkation pursuant to paragraph 7) shall post notice of that location on the governing body’s internet website. Provides that the carrier of passengers shall check the internet website before embarkation.
18. Requires the carrier of passengers to check the internet website before embarkation. Specifies that if the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to 6), above.
19. Provides that if a governing body elects to designate a specific location of disembarkation and has provided electronic notice of that location or posted notice of that location on the governing body’s internet website, disembarkation shall only occur at that location.
20. Requires that the location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Requires the notice and agreement to be done in the passenger’s primary language. If the passenger is a minor then the agreement shall be done by the minor’s parent or guardian before embarkation.
21. Prohibits a governing body from sharing, disclosing, or otherwise making accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, information shared or received pursuant to this bill without a court-ordered subpoena or judicial warrant.
22. Provides that any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this bill:
23. The Attorney General, a district attorney, or a city attorney.
24. A passenger who was transported in violation of this bill.
25. A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this bill.
26. Provides that a carrier of passengers that violates provisions of this bill, or whose employee violates provisions of this bill, may be assessed a civil penalty of up to $10,000 for each act of transporting a person that resulted in one or more violations of this bill. Provides that the Attorney General, a district attorney, or a city attorney may bring the action for civil penalties.
27. Provides that a prevailing plaintiff shall be entitled to attorney’s fees and costs in any action brought pursuant to 13) and 14), above.
28. Provides that Article 6 of the Public Utilities Code (commencing with Section 5411) of Chapter 8 does not apply for purposes of this bill.
29. Specifies that the provisions of this bill do not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this bill.
30. Specifies that any local ordinance, code, regulation, or order is not inconsistent with this bill if it affords greater protection to passengers than the requirements set forth in this bill.
31. Specifies that any local ordinance, code, regulation, or order that duplicates or supplements the provisions of this bill shall be construed as providing alternative remedies to those set forth in this bill, and shall not be construed to preempt, limit, prohibit, or otherwise affect this bill.
32. Provides that this bill shall only be implemented to the extent that implementation is consistent with federal law.
33. Provides that the provisions of this bill are severable and if any provision of the bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
34. Specifies that this bill applies to all cities, including charter cities.

COMMENTS

1. Stated need for the bill

According to the author:

Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. Sometimes prior notices to local authorities or nonprofit groups before discharging vulnerable passengers are not provided and other times these notices are inconsistent, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California.

2. Support

California Insurance Commissioner, Ricardo Lara, writes the following in support of this bill:

This bill would require commercial passenger transportation, prior to transporting 10 or more vulnerable passengers, to notify local authorities and follow basic requirements to ensure the safety of passengers at the point of disembarkation.

Since April 2022, the states of Texas, Florida and Arizona have contracted private transportation companies to transport over 100,000 vulnerable persons, mostly migrants from communities of color, to destinations outside of their state borders. Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento.

In Los Angeles, they are met by the LA Welcomes Collective, a coalition of public entities, religious organizations and nonprofits that provide food, water and clothes, as well as phone calls to family, medical screenings and legal support services. However, no prior notice is provided by these bus companies that discharge vulnerable passengers at seemingly random locations at all times of the day and night. Support services then scramble to meet the buses before passengers are released onto the streets, endangering the passengers and overwhelming local supportive services. AB 2780 is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve.

California itself shares an international border, and we have more migrants within our borders than any other state. Many have escaped terrible conditions with only the clothes on their back, and we do not expect them to call ahead first. But when commercial transportation companies contract to deliver large groups of vulnerable people to California – people who any reasonable person should know will require food, water and shelter – the least we can do is require 24 hours’ notice so that our public and nonprofit supportive services can prepare for them.

The Coalition for Humane Immigrant Rights, sponsor of this bill, write the following in support:

AB 2780 stems from work CHIRLA has engaged in at the local level in the Los Angeles area to support newly arrived migrants, in particular, AB 2780 seeks to ensure cities and counties receive 24-hour advance notice when outside entities are transporting individuals in need of support services to California. This bill seeks to ensure localities and partner organizations have ample time to welcome new arrivals in a just and human manner.

Under the administration of Texas Governor, Gregg Abbott, the state of Texas began sending buses of newly arrived migrants to democratically controlled states to advance a harmful anti-immigrant narrative. In particular, Texas began sending migrants to Illinois, New York and Washington D.C. A 2024 press release by Governor Abbott claimed to have sent over 105,000 migrants out of state. CHIRLA alongside our partner organizations viewed the actions carried out by the Abbott administration to be unjust and in anticipation of buses being sent to California, helped establish the Los Angeles Welcomes Collective (LAWC). The LAWC is comprised of nonprofits and local government entities with the goal of welcoming newly arrived migrants with the dignity and respect they deserve. As a leading organization of the Collective,

we alongside our partners, work to identify when a bus is in route to Los Angeles, identify a location to set up support services for migrants such as food and water, medical screenings and legal services, as well as, work to connect migrants to family or friends or assist in providing additional transportation for individuals for whom Los Angeles is not their final destination. Since June of 2023, CHIRLA and the LAWC have received 39 busses from the state of Texas with bus each carrying 40-50 individuals.

Migrants who are bussed from Texas have often recently arrived and have undergone often long and treacherous journeys are immediately placed on buses with little to no support being provided to them beforehand. CHIRLA and our partner organizations work diligently to provide support services to migrants upon their arrival to Los Angeles but without advance notice, it can be challenging to coordinate the various support services needed. Welcoming organizations have received buses on weekends and holidays and at times only receive a 20-minute advance notice.

AB 2780 is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve. 24-hour advance notice would allow for local governments and nonprofits have a sufficient amount of time to coordinate support services for individuals who come to call California home. California has always proven to be a state that is inclusive and welcoming to all and AB 2780 continues California’s commitment to welcoming immigrants.

3. California supports immigrants while other states vilify immigrants

While Congress has failed to pass comprehensive immigration reform, the California Legislature has taken steps to better protect its undocumented residents, providing avenues into the economic mainstream and out of the shadows. California has a recent legacy of protecting its immigrant residents and providing opportunity for their socioeconomic advancement and equal justice through legislation. Immigrants have proven to be an integral part of California’s communities and essential to California’s economic success.

With more than 10 million immigrants, California’s great diversity is made up of many different ethnicities, cultures, and the unique experiences they bring to our state. This mosaic has been a source of innovation and economic growth. California has benefited by embracing our immigrant community and nurturing its wellbeing.

In total contrast to California’s values, Governors of other states vilify immigrants and subject them to busing programs to transfer them out of state.  The Governor of Texas has boasted about his busing plan.^[3] The intent behind AB 2780 is to ensure cities and counties and organizations that help immigrants are given information that allow for the coordination of services for immigrants as soon as they enter the locality. It is inhumane to deliver human beings to a new city that is willing to offer assistance and instead of coordinating with the city, choose to callously abandon immigrants there. It is inhumane and contrary to California values to allow for human beings to be dumped in a location they are not familiar with and where people don’t speak their primary language. This bill simply requires coordination between the transporter of passengers who are likely to seek emergency shelter and other immediate services upon arrival in California and the locality where the vulnerable population is being transported to. This coordination will allow organizations such as the sponsors of this bill and localities in California to be prepared to welcome immigrants and provide them with dignity and assistance.

4. What this bill does

The provisions of this bill apply to any carrier of passengers operating a motor vehicle, as defined, who knows or reasonably should know that the motor vehicle will be transporting 10 or more passengers who are likely to seek emergency shelter and other immediate services upon arrival. The bill requires that at least 24 hours before embarkation, the carrier of passengers shall provide an electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of arrival. The required electronic notice must include information such as the anticipated date and time of arrival of passengers at the geographic location, the address of arrival, and a description of the motor vehicle that will help local officials identify the vehicle. The governing body of the city, county, or city and county with jurisdiction at the geographic location of arrival may choose to designate a specific location of arrival within the governing body’s jurisdiction. If the governing body chooses to designate a specific location of arrival then the governing body must post notice of that location on their website. The carrier of passengers is required to check the website and must arrive at the geographic location that is posted. If the governing body does not designate a location then the carrier of passengers may arrive at the location that the carrier specified. The carrier of passengers must also notify the passengers, in their primary language, of the location they will arrive at, including the city and county, and must receive agreement regarding travelling to that that location from each passenger. The bill requires governing bodies to protect information about the passengers from immigration authorities.

The Attorney General, a district attorney, or city attorney may bring a civil action against a carrier of passengers that violates provisions of this bill. A civil penalty of up to $10,000 may be assessed for each act of transporting a person that resulted in violation of this bill. The Attorney General, a district attorney, city attorney, passenger who was transported in violation of this bill, and other specified providers who suffered a direct violation of the provisions of the bill, can seek preventative relief. The bill provides attorney’s fees and costs for prevailing plaintiffs.

SUPPORT

Coalition for Humane Immigrant Rights (sponsor)
Ricardo Lara, Insurance Commissioner of California (sponsor)

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation: None known.

PRIOR VOTES:

Senate Energy, Utilities & Communications (Ayes 14, Noes 1)

Assembly Floor (Ayes 64, Noes 1)

Assembly Appropriations Committee (Ayes 14, Noes 0)

Assembly Communications and Conveyance Committee (Ayes 10, Noes 1)

**************

1. Office of the Texas Governor Greg Abbott. “Operation Lone Star Sends Over 500 Migrant Buses To Sanctuary Cities.” June 23, 2023. https://gov.texas.gov/news/post/operation-lone-star-sends-over-500-migrant-buses-to-sanctuary-cities [As of June 27, 2024.] ↑

2. Department of Homeland Security, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, June 15, 2012, available at https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf [as of June 18, 2024].) ↑

3. Office of the Texas Governor Greg Abbott. “Operation Lone Star Sends Over 500 Migrant Buses To Sanctuary Cities.” June 23, 2023. https://gov.texas.gov/news/post/operation-lone-star-sends-over-500-migrant-buses-to-sanctuary-cities [As of June 27, 2024.] ↑

SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS

Senator Steven Bradford, Chair

2023 - 2024 Regular

Bill No: Hearing Date: 6/18/2024

SUBJECT:

DIGEST: This bill requires certain transportation providers to provide local governments with a written notice containing specified information about passengers’ potential needs for supportive services upon arrival. This bill also authorizes those local governments to designate a specific location for passengers to disembark within the local government’s jurisdiction. This bill applies only to certain licensed transportation providers that know, or should reasonably know, that at least 10 passengers aboard the vehicle are likely to seek emergency shelter or other immediate services upon arrival.

ANALYSIS:

Existing law:

1. Defines a “motor vehicle” as a vehicle that is self-propelled. Existing law defines a “bus” as vehicle designed to carry more than 10 persons, including the driver, for compensation. (Public Utilities Code §5359)
2. Defines a charter-party carrier of passengers as every person engaged in the transportation of persons by motor vehicle for compensation over any public highway in this state. A charter-party carrier of passengers includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. (Public Utilities Code §5360)
3. Authorizes the California Public Utilities Commission (CPUC) to supervise and regulate every charter-party carrier of passengers. (Public Utilities Code §5381)
4. Requires the CPUC to ensure that every charter-party carrier of passengers operates on a pre-arranged basis and direct every charter-party carrier of passengers to provide specified information on a waybill or trip report. Existing law requires charter-party carriers of passengers to maintain these waybills and trip reports and provide copies of these documents when requested by the CPUC. For those airport enforcement officers or local government authorities authorized to inspect waybills and trip reports, charter-party carriers may provide access to these records in electronic or hardcopy format.
5. Requires the CPUC to create the following permit categories for charter-party carriers:
   1. “A” Certificate:  from any point or points within the state to other points in or out of this state, including, but not limited to, the conduction of round-trip sightseeing tour service.
   2. “B” Certificate:  from any point within the territory of origin specified in the certificate to any points in the state, or territory of origin.
   3. “C” Certificate:  services provided incidental to commercial balloon operations, commercial river rafting, or skiing where no additional compensation is provided for the transportation.
   4. “P” Permit: Carriers using only vehicles under 15-passenger seating capacity.
   5. “S” Permit: Carriers conducting round-trip sightseeing tour service.
   6. “Z” Permit: Specialized carriers, who do not hold themselves out to serve the general public, but only provide service under contract with industrial and business firms, governmental agencies, and private schools or who only transport agricultural workers to and from farms for compensation or who only conduct transportation services, which are incidental to another business. (Public Utilities Code §5383-5384)

This bill:

1. Defines a “carrier of passengers” as a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle on a hired basis and engages in the embarkation and disembarkation of passengers.
2. Defines “embarkation” as the physical start of transportation service and defines “disembarkation” as the physical discharge of passengers from transportation services at a geographic location in California.
3. Specifies that this bill applies only to carriers of passengers that reasonably know or should know that their vehicles will be transporting at least 10 passengers who are likely to seek emergency shelter and other immediate services upon arrival.
4. Requires a carrier of passengers to provide a written notice at least 24 hours before boarding to a designated point of contact at the governing body of a city or county with jurisdiction over the geographic area in which the bus is disembarking. This bill specifies that this notice must contain all the following information:
   1. The anticipated date and time of arrival of passengers.
   2. The waybill or trip report.
   3. The number of passengers on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
   4. A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle.
5. Authorizes the governing body of a city or county to adopt a resolution designating a specific location for disembarkation. This bill specifies that local governments must provide transportation providers with a written notice about the designated disembarkation location before the transportation provider boards passengers. This bill also specifies that upon receiving this notice, transportation providers may only disembark passengers at the location specified in the notice.
6. Requires the transportation service provider to notify passengers about the location of disembarkation and obtain their agreement to disembark at that location.
7. Establishes civil penalties for violations of the bill, including a penalty of up to $10,000 for each act of transporting a person that resulted in violations of the bill. This bill specifies that the following entities may bring an action against a violating transportation provider:
   1. The Attorney General, a district attorney, or a city attorney.
   2. A passenger who was transported in violation of this chapter.
   3. A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.
8. Prohibits the CPUC from applying its existing fine and penalty authority to enforce this bill’s provisions.
9. Specifies that this bill does not limit any local ordinance, code or regulation, as specified. This bill also includes a severability clause and specifies that may only be implemented to the extent that it is consistent with federal law.

Background

Bill may address need for coordination of local services for unhoused people and recent migrants. This bill establishes a framework by which a bus operator must provide local governments with a specified advance notice if a bus is carrying at least 10 passengers who are expected to need immediate services and emergency housing upon arrival. This bill also provides local governments with greater authority to specify drop-off zones for these passengers, which can enable the local government to better coordinate services upon arrival. This bill may apply broadly to any bus operator that provides services transporting individuals that need emergency housing, including unhoused individuals. However, this bill establishes a specific presumption that passengers who have arrived within the United States within 30 days of boarding the bus meet this bill’s definition of an individual needing emergency shelter or immediate services.

In the Spring of 2022, the Biden Administration sought to lift Title 42, a Trump Administration order that allowed Border Control officers block migrants’ entry into the United States during the Covid-19 pandemic. While Title 42 remained effective for another year, several states responded to potential expiration of Title 42 by seeking to bus migrants to other states and to specific cities. In April 2022, Texas Governor Greg Abbott issued an order directing the Texas Division of Emergency Management to start transporting migrants to other states and to specific cities. While the number of migrants bused from border entries to other states and cities may be a fraction of the total flow of immigration, the sudden, uncoordinated influx of a large number of individuals needing supportive services has posed unique challenges to local and state governments that do not have existing programs aimed at addressing the unique needs of those who have recently entered the United States, including translation services, the provision of food and sanitary supplies, and access to organizations that can provide longer-term immigration support. The lack of coordination has also limited the resources that migrants can access upon arrival in certain cities, increasing the likelihood that migrants will face more challenges obtaining housing, health care, legal services, and other necessary resources. This lack of coordination can delay or limit recently-arrived migrants’ ability to successfully integrate into communities.

What is the CPUC’s role in this bill? Under existing law, buses are considered a class of charter party carriers of passengers, and the CPUC establishes licensure requirements for certain transportation service providers that use buses. This bill creates new definition for transportation services using buses, which does not conform to the CPUC’s licensure authority. Additionally, this bill expressly prohibits the CPUC from applying its fine and penalty authority over any service that violates this bill and instead establishes an enforcement mechanism for this bill through civil litigation. As a result, the role of the CPUC in this bill is unclear.

Potential conflicts with federal law. This bill’s definition of a “carrier of passengers” includes services that are not currently regulated by the CPUC and may include some services that are primarily under the jurisdiction of the federal government. For example, federal law (Title 49 United States Code §13501) provides the United States Secretary of Transportation with general jurisdiction over motor carriers that transport passengers between states and between the United States and foreign countries.

Need for Amendments. As currently written, this bill expands public utilities code to establish the bill’s provisions; however, the bill does not assign any duties to the CPUC and expressly prohibits the CPUC from using existing authority to enforce its provisions. Since this bill appears to establish an enforcement mechanism that relies solely on civil litigation, the author and committee may wish to amend this bill to move it from the public utilities code to the civil code.

Dual Referral. Should this bill be approved by this committee, it will be re-referred to the Senate Committee on Judiciary.

Prior/Related Legislation

SB 757 (Archuleta, Chapter 411, Statutes of 2023) clarified licensing requirements for rail crew transportation providers, prohibited certain subcontracting for these services, and increased minimum insurance requirements for rail crew transportation operators.

AB 25 (Nazarian, Chapter 310, Statutes of 2017) allowed local authorities to adopt rules restricting the routes of tour buses if the local authority determines that it is unsafe to operate tour buses on those streets.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

Commissioner Ricardo Lara, California Department of Insurance, Co-sponsor

Coalition for Humane Immigrant Rights, Co-sponsor

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the author:

Since April 2022, different states have contracted transportation companies to transport tens of thousands of vulnerable persons, mostly migrants from communities of color, to destinations outside of their state borders. Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. Sometimes prior notices to local authorities or nonprofit groups before discharging vulnerable passengers are not provided and other times these notices are inconsistent, thereby endangering the passengers and overwhelming local supportive services.

AB 2780 would require carriers of passengers, prior to transporting 10 or more vulnerable passengers, to make the presumption that the people being transported have arrived to the United States in the previous 30 days, that they are likely to seek shelter and services and that they are aware and agree about the location of disembarkation. The bill would also require carriers of passengers to notify local authorities about the drop-off at a designated location for them to be authorized, and to provide information about the vehicle.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2780

Author:(McKinnor)

As Amended Ver:April 17, 2024

Majority vote

SUMMARY

This bill would require certain carrier of passengers, as defined, to notify and coordinate with local jurisdictions regarding the disembarkation of 10 or more passengers who are likely to seek emergency shelter. This bill also makes the carriers liable for civil actions and penalties for violation of this bill provisions, as specified.

Major Provisions

1. Specifies that this bill applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.
2. Requires that at least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. The notice is required to contain specified information.
3. Authorizes the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation to, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing body's jurisdiction.
4. Authorizes specified individuals and entities to bring forth a civil action against a carrier of passengers for violations of this bill's provisions if there is reasonable cause to believe that a carrier of passengers has committed one or more violations.
5. Includes a severability clause specifying that if any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

COMMENTS

1. Defining the problem and the intent of this bill. In recent years, anti-immigrant Republican Governors have instituted policies to transport undocumented migrants from their states to cities with Democrat leaders, including in California. For example, in June 2022, Governor Ron DeSantis of Florida signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. In April 2022, Governor Gregg Abott of Texas directed the Texas Division of Emergency Management to charter buses to transport migrants from Texas to Washington, D.C. Issues have arisen because often times the migrants being transported did not provide informed consent or were misled about the purpose of the trip. This bill is intended to curb the negative impact to the vulnerable migrants by requiring the carriers transporting the migrants coordinate with local governments, in order ensure the arrivals have an opportunity to be connected to services. This bill also makes the carriers civilly liable for damages if they violate the provisions of this bill.
2. Understanding to whom this bill applies. The language in this bill is tailored with the intent to apply requirements on motor carriers transporting passengers in a specified manner, but not others. Specifically, the provisions of this bill apply broadly to any "carrier of passengers" operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. Additionally, this bill provides that there is a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation.
3. Procedures for coordination between operator and local jurisdiction. This bill would require charter-party carriers to provide advance notice and specified information to local jurisdictions regarding disembarkation. Further, this bill would authorize the governing body with jurisdiction at the location of disembarkation to determine the exact location of disembarkation. Under recent author's amendments, the specific procedures have been refined to include more details about the mechanisms a local jurisdiction may use. These coordination provisions would serve to secure the safety both of the passengers onboard such a motor vehicle, but also of the communities where the passengers may disembark. Without the coordination, the passengers would have no direct access to housing, health, or other useful services that may assist them on their journey. With more coordinate the local jurisdiction, local nonprofits, and other aid groups may be more prepared to receive the passengers as well.
4. Expansion of civil liability for charter-party carriers. Under the provisions of this bill, carriers that violate the provisions of this bill could be subject to legal action initiated by various entities including state and local law enforcement, a passenger that was transported, or certain nonprofit organizations. Additionally, this bill also makes violators subject to civil penalties up to $10,000 for each act. All together this bill would greatly expand the legal liability of charter party carriers who reasonably should have known they were engaging in covered activities. In turn, these provisions of this bill may act as a deterrent to carrier engaging in this type of practice or doing so in a manner that does not include local coordination, at a very minimum.
5. This bill concerns interstate commerce, which may pose a challenge to its applicability. The current version of this bill applies to "carrier of passengers" broadly, regardless whether those trips are coming from out of state or begin and end complete within the state. However, a previous version of this bill was drafted in a way that this bill only applied to out-of-state carriers engaged in interstate commerce. Given concerns with federal preemption, the author amended this bill to widen the applicability of this bill's provisions to all types of carriers operating in California. The current version of this bill following those amendments, while still potentially susceptible to legal challenges, was crafted in a more thoughtful manner intended to avoid the most glaring issues of preemption. Nonetheless, given the risk of litigation this bill also now includes a severability clause to ensure this bill may still go into effect even if some portions are prohibited from being enforced under federal law.

According to the Author

According to the author "Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose, and Sacramento. No prior notice is provided to local authorities or nonprofit groups before discharging vulnerable passengers, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California."

Arguments in Support

The Coalition for Humane Immigrant Rights ("CHIRLA"), writes in support that "[this bill] is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee this bill has no direct state costs.

VOTES

ASM COMMUNICATIONS AND CONVEYANCE: 10-1-0

YES: Boerner, Jim Patterson, Bonta, Davies, Garcia, Holden, Maienschein, Stephanie Nguyen, Luz Rivas, Rodriguez

NO: Hoover

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Villapudua

ABS, ABST OR NV: Ta

UPDATED

VERSION: April 17, 2024

CONSULTANT: Emilio Perez / C. & C. / (916) 319-2637 FN: 0002917

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2780

Author:(McKinnor) – As Amended Ver:April 17, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires certain carriers of passengers—a motor carrier, passenger carrier or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers—to notify and coordinate with local jurisdictions regarding the disembarkation of 10 or more passengers who are likely to seek emergency shelter. This bill also makes such a carrier liable for civil actions and penalties for violation of the bill’s provisions.

FISCAL EFFECT:

No direct state costs.

COMMENTS:

Background and Purpose. The author intends this bill to allow California cities to plan for the arrival in their jurisdiction of busses of immigrants recently arrived in the country and other vulnerable people so as to ensure their safety. According to the author:

Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. No prior notice is provided to local authorities or nonprofit groups before discharging vulnerable passengers, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California.

The Coalition for Humane Immigrant Rights describes this bill as ensuring “cities and counties receive advance notice when outside entities are transporting individuals in need of support services to California, so localities and partner organization have ample time to welcome new arrivals in a just and human manner.” The coalition goes on to assert:

we alongside our partners, work to identify when a bus is in route to Los Angeles, identify a location to set up support services for migrants, and work to connect migrants to family or friends or assist in providing additional transportation for individuals for who Los Angeles is not their final destination. Migrants who are bussed from Texas are often newly arrived and having undergone often long and treacherous journeys are immediately placed on buses with little to no support being provided to them beforehand. CHIRLA and our partner organizations work diligently to provide support services to migrants upon their arrival to Los Angeles but without advance notice, it can be challenging to coordinate the various support services needed. Welcoming organizations have received buses on weekends and holidays and at times only receive a 20-minute advance notice.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE

Tasha Boerner, Chair

ABPCA Bill Id:AB 2780 (

Author:McKinnor) – As Amended Ver:April 17, 2024

SUBJECT: Carrier of Passengers Act of 2024

SUMMARY: This bill would require certain carrier of passengers, as defined, to notify and coordinate with local jurisdictions regarding the disembarkation of 10 or more passengers who are likely to seek emergency shelter. This bill also makes the carriers liable for civil actions and penalties for violation of this bill provisions, as specified.

Specifically, this bill:

1. Establishes definitions as follows:
   1. “Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
   2. “Disembarkation” means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
2. Specifies that this bill applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.
3. Requires that at least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. The notice is required to contain specified information.
4. Authorizes the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation to, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing body’s jurisdiction.
5. Authorizes specified individuals and entities to bring forth a civil action against a carrier of passengers for violations of this bill’s provisions if there is reasonable cause to believe that a carrier of passengers has committed one or more violations.
6. Specifies that this bill does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services.
7. Limits the implementation of this bill only to the extent that implementation is consistent with federal law.
8. Includes a severability clause specifying that if any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

EXISTING LAW:

1. Provides the US Congress with the power to regulate commerce among several states, and restricts states from impairing interstate commerce. (Article I, Section 8 of the US Constitution).
2. Vests the federal Secretary of Transportation and the federal Surface Transportation Board with jurisdiction over transportation by motor carrier and the procurement [chartering] of that transportation when the transportation is between a state and a place in other state [interstate]. (Title 49 U.S. Code § 13501)
3. Sets parameters for states and political subdivisions thereof to enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to motor carriers of passengers. Federal law explicitly prohibits states from scheduling interstate commerce. (Title 49 U.S. Code § 14501)
4. Establishes the “Passenger Charter-Party Carriers’ Act” to, in part, promote carrier and public safety through safety enforcement regulations. (Public Utilities Code §5351 et. seq.)
5. Defines a charter-party carrier of passengers as every person engaged in the transportation of persons by motor vehicle for compensation over any public highway in this state. A charter-party carrier of passengers includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. (Public Utilities Code §5360)
6. Authorizes the California Public Utilities Commission (CPUC) to supervise and regulate every charter-party carrier of passengers. (Public Utilities Code §5381)

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Author’s statement. According to the author “Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. No prior notice is provided to local authorities or nonprofit groups before discharging vulnerable passengers, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California.”
2. Defining the problem and intent of this bill to address it. In response to a perceived crisis at the southern United States border and an influx of undocumented immigrants entering the country in recent years, anti-immigrant Republican Governors have instituted policies to transport migrants from their states to cities with Democrat leaders, including in California. For example, in June 2022, Governor Ron DeSantis of Florida signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. In April 2022, Governor Gregg Abott of Texas directed the Texas Division of Emergency Management to charter buses to transport migrants from Texas to Washington, D.C. Governor Abott later expanded the order to include other locations, including cities in California. When the first busload of migrants from Texas arrived in Los Angeles, Governor Abbott went as far as releasing a press release to take responsibility for the move and share his reasoning. He wrote, in part, “Los Angeles is a major city that migrants seek to go to, particularly now that its city leaders approved its self-declared sanctuary city status.”

The decision to move migrants from Republican-led states like Florida and Texas to Democrat-led cities and states like Los Angeles, San Diego, Washington, DC, and New York City is openly politically-motivated and intended to draw a contrast between those state’s harsh anti-immigrant policies alongside more welcoming policies in Democrat-led jurisdiction. Although there are clear differences in public policy and approach to dealing with immigration, the decision to bus vulnerable immigrants between locations dehumanizes these recent immigrants as pawns in a political game among states. This bill is intended to curb the negative impact to the vulnerable migrants by requiring the carriers transporting the migrants coordinate with local governments, in order ensure the arrivals have an opportunity to be connected to services. This bill also makes the carriers civilly liable for damages if they violate the provisions of this bill.

1. Understanding the applicability of this bill. Given the issue with charter buses being used to transport migrants from other states into California, the language in this bill is tailored with the intent to apply requirements on motor carriers transporting passengers in that specific scenario, but not others. Specifically, the provisions of this bill apply broadly to any “carrier of passengers” operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. Additionally, this bill provides that there is a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation. While this bill establishes a new class of carrier with a corresponding definition, the types of carriers this bill applies to might also by definition be covered by federal law. For example, federal law defines a “motor carrier” to mean a person providing motor vehicle transportation for compensation. Additionally, Congress has established rules for motors carriers engaged in interstate commerce which may pose a challenge for implementation of this bill, as discussed below.
2. Federal law and the United States Constitution may limit the application of this bill. Interstate commerce means any work involving or related to the movement of persons or things across state lines or from foreign countries. This bill, which is squarely about the transport of persons across state lines into California, therefore concerns interstate commerce. Under existing law, namely the Commerce Clause of the United States Constitution, Congress has broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Additionally, under the Supremacy Clause of the United State Constitution, states are prohibited from interfering with the federal government's exercise of its constitutional powers. While neither the Commerce Clause nor the Supremacy Clause explicitly prohibit states from passing laws that impact interstate commerce, on their own and especially in conjunction they do introduce an additional level of scrutiny to consider regarding this bill.

For example, regarding the supremacy clause, the foremost relevant fact to be mindful of is that Congress has passed laws concerning the transport of passengers across state lines, suggesting that those laws would have supremacy over a state law. In particular, ­Title 49 section 13501 of the United States Code provides for Federal jurisdiction over motor carriers engaged in interstate commerce. Unless subject to an exemption, all for-hire passenger carriers engaged in interstate commerce must obtain operating authority from the Federal Motor Carrier Safety Administration. Under those provisions of federal law, scheduling of interstate commerce is strictly prohibited. Given this information, the author has recently amended this bill to remove provisions of the bill that were very likely preempted by federal law. The current version of this bill following those amendments, while still potentially susceptible to legal challenges, was crafted in a more thoughtful manner intended to avoid the most glaring issues of preemption. Nonetheless, given the risk of litigation this bill also now includes a severability clause to ensure this bill may still go into effect even if some portions are prohibited from being enforced under federal law.

1. Procedures for coordination between operator and local jurisdiction. This bill would require charter-party carriers to provide advance notice and specified information to local jurisdictions regarding disembarkation. Further, this bill would authorize the governing body with jurisdiction at the location of disembarkation to determine the exact location of disembarkation. Under recent author’s amendments, the specific procedures have been refined to include more details about the mechanisms a local jurisdiction may use. These coordination provisions would serve to secure the safety both of the passengers onboard such a motor vehicle, but also of the communities where the passengers may disembark. Without the coordination, the passengers would have no direct access to housing, health, or other useful services that may assist them on their journey. With more coordinate the local jurisdiction, local nonprofits, and other aid groups may be more prepared to receive the passengers as well.
2. Expansion of civil liability for charter-party carriers. Under the provisions of this bill, carriers that violate the provisions of this bill could be subject to legal action initiated by various entities including state and local law enforcement, a passenger that was transported, or certain nonprofit organizations. Additionally, this bill also makes violators subject to civil penalties up to $10,000 for each act. All together this bill would greatly expand the legal liability of charter party carriers who reasonably should have known they were engaging in covered activities. In turn, these provisions of this bill may act as a deterrent to carrier engaging in this type of practice or doing so in a manner that does not include local coordination, at a very minimum.
3. Author’s amendments removed opposition. In recent author’s amendments that addressed interstate commerce and federal preemption, the author removed provisions of this bill that would have required the carriers to carry additional insurance at specified levels. With those amendments, the previous opposition to this bill has gone neutral.

1. Arguments in support. The Coalition for Humane Immigrant Rights (“CHIRLA”), writes in support that “[this bill] is an important piece of legislation to ensure California has the proper tools and support to welcome migrants in a humane manner and with the dignity and respect migrants deserve.”

REGISTERED SUPPORT / OPPOSITION:

Support

Coalition for Humane Immigrant Rights (CHIRLA)
Insurance Commissioner Ricardo Lara / California Department of Insurance

Opposition

None on file.

Analysis Prepared by: Emilio Perez / C. & C. / (916) 319-2637

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE

Tasha Boerner, Chair

ABPCA Bill Id:AB 2780 (

Author:McKinnor) – As Amended Ver:March 13, 2024

SUBJECT: Charter-party carriers

SUMMARY: This bill would require certain charter-party carriers of passengers (TCPs), as specified, to notify and coordinate with local jurisdictions regarding the disembarkation of 10 or more passengers who are likely to seek emergency shelter. This bill also requires TCPs to obtain additional insurance and makes the carriers liable for violating the provisions of this bill, as specified.

Specifically, this bill:

1. Provides that this bill shall only apply to TCPs who know or reasonably should know that their motor vehicle will be transporting 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.
2. Provides that there is a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation.
3. Requires at least 24-hours before embarkation of a covered trip, a TCP shall provide a written notice to the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation that contains the following:
   1. The anticipated date and time of arrival of passengers at the geographic location of disembarkation.
   2. The waybill or trip report required pursuant to Section 5381.5.
   3. The number of passengers who arrived in the United states within 30 days of embarkation, and if available, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
   4. A description of the motor vehicle, including the color, license plate number, and any logo or other information printed on the exterior of the vehicle to assist local official in identifying the vehicle.
4. Authorizes the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation to determine the exact location of disembarkation.
5. Specifies that disembarkation shall only occur between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday inclusive, unless prior approval has been requested and obtained from the governing body of the specified local jurisdiction.
6. Requires that the time and location of disembarkation, including the city and county, shall be made known to, and agreed to, by each passenger before disembarkation.
7. Requires that the TCP shall maintain additional insurance as follows:
   1. Umbrella liability, with minimum coverage of twenty-five million dollars ($25,000,000) per occurrence, and twenty-five million dollars ($25,000,000) in aggregate.
   2. Liability for civil rights violations, with minimum coverage of twenty-five million dollars ($25,000,000) per occurrence, and twenty-five million dollars ($25,000,000) in aggregate.
   3. Provides that if there is reasonable cause to believe that a TCP violated the provisions of this bill, any of the following parties may bring a civil action seeking preventative relief.
      1. The Attorney General, a district attorney, or a city attorney.
      2. A passenger who was transported in violation of this section.
      3. A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this section.
8. Provides that a TCP that violates this bill, or who employee violates this section, may be assessed a civil penalty of up to ten-thousand dollars ($10,000) for each act of transporting a person that resulted in one or more violations of this section.
9. Provides that this bill does not preempt the adoption of any local ordinance, as specified, except only to the extent that the local ordinance is inconsistent with this bill.
10. Exempts application of the provisions of this bill to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
11. Provides that no reimbursement is required by this act pursuant to the California Constitution.
12. Provides that this act applies to all cities, including charter cities.

EXISTING LAW:

1. Provides the US Congress with the power to regulate commerce among several states, and restricts states from impairing interstate commerce. (Article I, Section 8 of the US Constitution).
2. Establishes the “Passenger Charter-Party Carriers’ Act” to, in part, promote carrier and public safety through safety enforcement regulations. (Public Utilities Code §5351 et. seq.)
3. Provides various specified exemptions to the applicability of the Passenger Charter-Party Carriers’ Act such as for public transit, transportation of pupils pursuant to the Education Code, common carriers, noncommercial vehicles, taxis, hotel vehicles, etc. (Public Utilities Code §5353)
4. Defines a charter-party carrier of passengers as every person engaged in the transportation of persons by motor vehicle for compensation over any public highway in this state. A charter-party carrier of passengers includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. (Public Utilities Code §5360)
5. Authorizes the California Public Utilities Commission (CPUC) to supervise and regulate every charter-party carrier of passengers. (Public Utilities Code §5381)
6. Requires each charter party carrier of passengers to demonstrate its ability and financial capacity to provide transportation services before the CPUC can issue or renew a license to operate. Existing law prohibits the CPUC from issuing a license to any entity that fails to demonstrate that it meets licensure requirements. Existing law also specifies various criteria companies must meet prior to licensure, including, but not limited to, providing proof of insurance as required by the CPUC. (Public Utilities Code §5372)
7. Establishes minimum accident liability insurance requirements for charter-party-carriers and specifies that this insurance must provide adequate protection against liability for property damage, bodily injury, and death resulting from an accident. Existing law authorizes differing insurance requirements for differing seating capacities and it specifies that the insurance requirements for charter-party-carriers may not be less than those set for passenger stage corporations. Existing law specifies that charter-party-carriers holding a “C” certificate for providing transportation incidental to commercial balloon operations, commercial river rafting, or skiing must carry at least $750,000 per accident in liability insurance. (Public Utilities Code § 5391 et. seq.)

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Author’s statement. According to the author “Over three dozen busloads of asylum seekers and other recent immigrants have been dumped in Los Angeles alone. Busloads of vulnerable persons have also been dumped in San Diego, San Jose and Sacramento. No prior notice is provided to local authorities or nonprofit groups before discharging vulnerable passengers, thereby endangering the passengers and overwhelming local supportive services. Therefore, AB 2780 is looking to protect immigrants that are being sent from other states to the state of California, and that are in need of supportive services. The impact of the bill would result in a more organized and effective way in which local governments can provide assistance to immigrants being bussed to California.”
2. Defining the problem and intent of this bill to address it. In response to a perceived crisis at the southern United States border and an influx of undocumented immigrants entering the country in recent years, anti-immigrant Republican Governors have instituted policies to transport migrants from their states to cities with Democrat leaders, including in California. For example, in June 2022, Governor Ron DeSantis of Florida signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. In April 2022, Governor Gregg Abott of Texas directed the Texas Division of Emergency Management to charter buses to transport migrants from Texas to Washington, D.C. Governor Abott later expanded the order to include other locations, including cities in California. When the first busload of migrants from Texas arrived in Los Angeles, Governor Abbott went as far as releasing a press release to take responsibility for the move and share his reasoning. He wrote, in part, “Los Angeles is a major city that migrants seek to go to, particularly now that its city leaders approved its self-declared sanctuary city status.”

The decision to move migrants from Republican-led states like Florida and Texas to Democrat-led cities and states like Los Angeles, San Diego, Washington, DC, and New York City is openly politically-motivated and intended to draw a contrast between those state’s harsh anti-immigrant policies alongside more welcoming policies in Democrat-led jurisdiction. Although there are clear differences in public policy and approach to dealing with immigration, the decision to bus vulnerable immigrants between locations dehumanizes these recent immigrants as pawns in a political game among states. This bill is intended to curb the negative impact to the vulnerable migrants by requiring the carriers transporting the migrants coordinate with local governments, in order ensure the arrivals have an opportunity to be connected to services. This bill also increases the insurance requirements for the carriers transporting the migrants, and makes the companies civilly liable for damages if they violate the provisions of this bill.

1. Understanding the applicability of this bill. The provisions of this bill, although broad and sweeping, are potentially narrow and inadequate in their application to address the problem that clearly exists. To begin, this bill as currently drafted does not apply to charter-party carriers broadly, but only when those carriers are engaged in a specific type of ride described in this bill. Specifically, this bill applies when the carrier is operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from an origin outside of California, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. This bill explicitly exempts from its application transportation services rendered wholly within California, or rendered from within California to an out-of-state location where passengers are discharged. As a result, if a local jurisdiction or any individual within California chose to imitate the policies of Governor Desantis and Governor Abbot by bussing migrants from one location in California to another as a political stunt, those rides would explicitly not be covered by the provisions of this bill. Given the author’s stated purpose with introducing this bill, the author may wish to consider if the exemptions in this bill could be more closely aligned with this bill’s intent.

Another form of transportation that would, by definition, be excluded from this bill are transportation services rendered by a passenger stage corporations, such as Greyhound. While news reports documenting the transport of migrants by bus into California from other states have almost exclusively mentioned the use of charter buses, it is also plausible that some migrants may be being transported into California on non-charter buses. Again, the author may wish to consider whether a more broad application of this bill is better aligned with her intent.

1. The United States Constitution may further limit the application of this bill. Interstate commerce means any work involving or related to the movement of persons or things across state lines or from foreign countries. This bill, which is squarely about the transport of persons across state lines into California, therefore concerns interstate commerce. Under existing law, namely the Commerce Clause of the United States Constitution, Congress has broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Additionally, under the Supremacy Clause of the United State Constitution, states are prohibited from interfering with the federal government's exercise of its constitutional powers. While neither the Commerce Clause nor the Supremacy Clause explicitly prohibit states from passing laws that impact interstate commerce, on their own and especially in conjunction they do introduce an additional level of scrutiny to consider regarding this bill.

For example, regarding the supremacy clause, the foremost relevant fact to be mindful of is that Congress has passed laws concerning the transport of passengers across state lines, suggesting that those laws would have supremacy over a state law. In particular, ­Title 49 section 13501 of the United States Code provides for Federal jurisdiction over motor carriers engaged in interstate commerce. Unless subject to an exemption, all for-hire passenger carriers engaged in interstate commerce must obtain operating authority from the Federal Motor Carrier Safety Administration. Those carriers must also obtain and file minimum levels of financial responsibility insurance as follow: $1.5 million for operating vehicles of 15 or fewer passengers including the driver; $5 million for operating vehicles of 16 or more passengers including the driver. Given that this bill establishes different levels of insurance than those established by Congress, it is plausible those provisions might be found to be unconstitutional if challenged in a court of law, thus jeopardizing the entire bill.

Further, because Congress has established laws regarding the transport of passengers across states lines, it is questionable whether California’s “Passenger Charter-party Carriers’ Act” would apply to any ride engaged in interstate commerce; existing California law suggests that it might not. Specifically, California’s “Interstate and Foreign Motor Carriers of Household Goods and Passengers Act” suggests that carriers engaged in any interstate transportation of passengers for compensation by motor vehicle would follow that Act. Under the provisions of that law, a carrier engaged in interstate transportation of passengers merely needs to file their federal authorization with the CPUC and the CPUC is required to grant their registration upon filing of their application. What this could mean in practice is that carriers registered outside of California would likely be exempt from this law if they operate consistent with federal law. In turn, under that interpretation, the only carriers covered by this bill would be carriers registered in California as charter-party carriers. Applying that interpretation to the root problem of this bill, no evidence has ever been provided that California companies have engaged in the type of transportation intended to be covered by this bill. Moving forward, the author may wish to consider whether the current drafting of this bill would sufficiently cover the types of trips and carriers that have caused the problem we are aware exists.

1. Procedures coordination between operator and local jurisdiction. This bill would require charter-party carriers to provide advance notice and specified information to local jurisdictions regarding disembarkation. Further, this bill would authorize the governing body with jurisdiction at the location of disembarkation to determine the exact location of disembarkation. However, some of the procedures established in this bill lack sufficient detail and may lead to poor coordination. For example, this bill does not specify to whom exactly the charter-party carrier should be providing their required notice. According to the sponsors of this bill, local departments of emergency management have been taking on the work already at the local level. However, not every city has such a department and further without a point of contact designated in advance it may lead to confusion between the two parties. The author may wish to consider revising this bill to require a local jurisdiction to specify a point-of-contact for coordination and receiving notices. Along the same lines, this bill gives the authority to a local government to designate a location for disembarkation. However, it does not specify how a city would go about making that designation.
2. Expansion of civil liability for charter-party carriers. Under the provisions of this bill, charter-party carriers that violate the provisions of this bill could be subject to legal action initiated by various entities including state and local law enforcement, a passenger that was transported, or certain nonprofit organizations. Additionally, this bill also makes violators subject to civil penalties up to $10,000 for each act. All together this bill would greatly expand the legal liability of charter party carriers who reasonably should have known they were engaging in covered activities. In turn, these provisions of this bill may act as a deterrent to carrier engaging in this type of practice or doing so in a manner that does not include local coordination, at a very minimum.
3. Double referral. Under the current drafting, this bill will be referred to the Assembly Committee on Insurance should it pass this committee.
4. Committee amendments. The committee recommends the following amendments:
   1. Strike references to charter-party carriers, and instead replace with a new term “carrier of passengers”.
   2. Specify that the required notice shall be provided to a designated point of contact.
   3. Specify that a governing body may, by resolution adopted the governing body, designate a specific location of disembarkation within their jurisdiction.
   4. Strike the insurance requirements.
   5. Strike provisions of this bill exempting transportation services rendered wholly within California or rendered from California to an out of state location where passengers are discharged.

REGISTERED SUPPORT / OPPOSITION:

Support

Coalition for Humane Immigrant Rights (CHIRLA)

Opposition

American Property Casualty Insurance Association

Analysis Prepared by: Emilio Perez / C. & C. / (916) 319-2637