Amended IN Senate April 10, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1474Introduced by Senator HillFebruary 16, 2018 An act to amend Section 7150.50 of the Health and Safety Code, relating to anatomical gifts. amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1474, as amended, Hill. Anatomical gifts. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Existing law, the Uniform Anatomical Gift Act, regulates the making and distribution of organ donations. Existing law authorizes an anatomical gift to be made to certain persons or entities if named in the document of gift, as defined. Among others, existing law authorizes an anatomical gift to be made to a hospital, accredited medical school, dental school, college, university, or organ procurement organization, for research or education.This bill would further authorize an anatomical gift to be made to a school of nursing approved by the Board of Registered Nursing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 2. Section 1044 is added to the Public Utilities Code, to read:1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.SEC. 3. Section 5415.4 is added to the Public Utilities Code, to read:5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.SECTION 1.Section 7150.50 of the Health and Safety Code is amended to read:7150.50.(a)An anatomical gift may be made to any of the following persons named in the document of gift:(1)A hospital, accredited medical school, school of nursing approved by the Board of Registered Nursing, dental school, college, university, or organ procurement organization, for research or education.(2)Subject to subdivision (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.(3)An eye bank, or tissue bank.(b)If an anatomical gift to an individual under paragraph (2) of subdivision (a) cannot be transplanted into the individual, the part passes in accordance with subdivision (g) in the absence of an express, contrary indication by the person making the anatomical gift.(c)If an anatomical gift of one or more specific parts, or of all parts, is made in a document of gift that does not name a person described in subdivision (a) but identifies the purpose for which an anatomical gift may be used, all of the following rules shall apply:(1)If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.(2)If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.(3)If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.(4)If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.(d)For the purpose of subdivision (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.(e)If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subdivision (a) and does not identify the purpose of the gift, the gift shall be used only for transplantation or therapy, and the gift passes in accordance with subdivision (g).(f)If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used for transplantation, therapy, research, or education, and the gift passes in accordance with subdivision (g).(g)For purposes of subdivisions (b), (e), and (f) all of the following rules shall apply:(1)If the part is an eye, the gift passes to the appropriate eye bank.(2)If the part is tissue, the gift passes to the appropriate tissue bank.(3)If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.(h)An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subdivision (a), passes to the organ procurement organization as custodian of the organ.(i)If an anatomical gift does not pass pursuant to subdivisions (a) to (h), inclusive, or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.(j)A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under Section 7150.20 or 7150.45 or if the person knows that the decedent made a refusal under Section 7150.30 that was not revoked. For purposes of this subdivision, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.(k)Except as otherwise provided in paragraph (2) of subdivision (a), nothing in this chapter affects the allocation of organs for transplantation or therapy.
Amended IN Senate April 10, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1474Introduced by Senator HillFebruary 16, 2018 An act to amend Section 7150.50 of the Health and Safety Code, relating to anatomical gifts. amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1474, as amended, Hill. Anatomical gifts. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Existing law, the Uniform Anatomical Gift Act, regulates the making and distribution of organ donations. Existing law authorizes an anatomical gift to be made to certain persons or entities if named in the document of gift, as defined. Among others, existing law authorizes an anatomical gift to be made to a hospital, accredited medical school, dental school, college, university, or organ procurement organization, for research or education.This bill would further authorize an anatomical gift to be made to a school of nursing approved by the Board of Registered Nursing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate April 10, 2018
Amended IN Senate April 10, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1474
Introduced by Senator HillFebruary 16, 2018
Introduced by Senator Hill
February 16, 2018
An act to amend Section 7150.50 of the Health and Safety Code, relating to anatomical gifts. amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1474, as amended, Hill. Anatomical gifts. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.Existing law, the Uniform Anatomical Gift Act, regulates the making and distribution of organ donations. Existing law authorizes an anatomical gift to be made to certain persons or entities if named in the document of gift, as defined. Among others, existing law authorizes an anatomical gift to be made to a hospital, accredited medical school, dental school, college, university, or organ procurement organization, for research or education.This bill would further authorize an anatomical gift to be made to a school of nursing approved by the Board of Registered Nursing.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.
Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle.
This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, is engaged in any acts or practices in violation of the acts requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
Existing law, the Uniform Anatomical Gift Act, regulates the making and distribution of organ donations. Existing law authorizes an anatomical gift to be made to certain persons or entities if named in the document of gift, as defined. Among others, existing law authorizes an anatomical gift to be made to a hospital, accredited medical school, dental school, college, university, or organ procurement organization, for research or education.
This bill would further authorize an anatomical gift to be made to a school of nursing approved by the Board of Registered Nursing.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 2. Section 1044 is added to the Public Utilities Code, to read:1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.SEC. 3. Section 5415.4 is added to the Public Utilities Code, to read:5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.SECTION 1.Section 7150.50 of the Health and Safety Code is amended to read:7150.50.(a)An anatomical gift may be made to any of the following persons named in the document of gift:(1)A hospital, accredited medical school, school of nursing approved by the Board of Registered Nursing, dental school, college, university, or organ procurement organization, for research or education.(2)Subject to subdivision (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.(3)An eye bank, or tissue bank.(b)If an anatomical gift to an individual under paragraph (2) of subdivision (a) cannot be transplanted into the individual, the part passes in accordance with subdivision (g) in the absence of an express, contrary indication by the person making the anatomical gift.(c)If an anatomical gift of one or more specific parts, or of all parts, is made in a document of gift that does not name a person described in subdivision (a) but identifies the purpose for which an anatomical gift may be used, all of the following rules shall apply:(1)If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.(2)If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.(3)If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.(4)If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.(d)For the purpose of subdivision (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.(e)If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subdivision (a) and does not identify the purpose of the gift, the gift shall be used only for transplantation or therapy, and the gift passes in accordance with subdivision (g).(f)If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used for transplantation, therapy, research, or education, and the gift passes in accordance with subdivision (g).(g)For purposes of subdivisions (b), (e), and (f) all of the following rules shall apply:(1)If the part is an eye, the gift passes to the appropriate eye bank.(2)If the part is tissue, the gift passes to the appropriate tissue bank.(3)If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.(h)An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subdivision (a), passes to the organ procurement organization as custodian of the organ.(i)If an anatomical gift does not pass pursuant to subdivisions (a) to (h), inclusive, or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.(j)A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under Section 7150.20 or 7150.45 or if the person knows that the decedent made a refusal under Section 7150.30 that was not revoked. For purposes of this subdivision, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.(k)Except as otherwise provided in paragraph (2) of subdivision (a), nothing in this chapter affects the allocation of organs for transplantation or therapy.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SECTION 1. Section 1044 of the Public Utilities Code is amended to read:
### SECTION 1.
1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a) When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.
(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 2. Section 1044 is added to the Public Utilities Code, to read:1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.
SEC. 2. Section 1044 is added to the Public Utilities Code, to read:
### SEC. 2.
1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.
1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.
1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c) This section shall become operative on July 1, 2019.
1044. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
(c) This section shall become operative on July 1, 2019.
SEC. 3. Section 5415.4 is added to the Public Utilities Code, to read:5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
SEC. 3. Section 5415.4 is added to the Public Utilities Code, to read:
### SEC. 3.
5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
5415.4. (a) The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall consider adopting existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
(b) The registered owner, and not the legal owner, shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
(a)An anatomical gift may be made to any of the following persons named in the document of gift:
(1)A hospital, accredited medical school, school of nursing approved by the Board of Registered Nursing, dental school, college, university, or organ procurement organization, for research or education.
(2)Subject to subdivision (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.
(3)An eye bank, or tissue bank.
(b)If an anatomical gift to an individual under paragraph (2) of subdivision (a) cannot be transplanted into the individual, the part passes in accordance with subdivision (g) in the absence of an express, contrary indication by the person making the anatomical gift.
(c)If an anatomical gift of one or more specific parts, or of all parts, is made in a document of gift that does not name a person described in subdivision (a) but identifies the purpose for which an anatomical gift may be used, all of the following rules shall apply:
(1)If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(2)If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(3)If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(4)If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(d)For the purpose of subdivision (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e)If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subdivision (a) and does not identify the purpose of the gift, the gift shall be used only for transplantation or therapy, and the gift passes in accordance with subdivision (g).
(f)If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used for transplantation, therapy, research, or education, and the gift passes in accordance with subdivision (g).
(g)For purposes of subdivisions (b), (e), and (f) all of the following rules shall apply:
(1)If the part is an eye, the gift passes to the appropriate eye bank.
(2)If the part is tissue, the gift passes to the appropriate tissue bank.
(3)If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(h)An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subdivision (a), passes to the organ procurement organization as custodian of the organ.
(i)If an anatomical gift does not pass pursuant to subdivisions (a) to (h), inclusive, or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j)A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under Section 7150.20 or 7150.45 or if the person knows that the decedent made a refusal under Section 7150.30 that was not revoked. For purposes of this subdivision, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k)Except as otherwise provided in paragraph (2) of subdivision (a), nothing in this chapter affects the allocation of organs for transplantation or therapy.