Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member McKinnorFebruary 15, 2024 An act to amend Section 1821 of the Insurance Code, relating to insurance. An act to add Section 5384.6 to the Public Utilities Code, relating to charter-party carriers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, McKinnor. Insurance: bail license. Charter-party carriers.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 would require certain charter-party carriers of passengers engaging in transportation services to provide a written notice, at least 24 hours before embarkation, as defined, to 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 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 California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5384.6 is added to the Public Utilities Code, to read:5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 3. The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SECTION 1.Section 1821 of the Insurance Code is amended to read:1821.(a)A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b)Sections 805, 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and insurance agent or licensee, as used in those provisions, include applicants and persons licensed under this chapter.(c)Subdivisions (a), (c), (e), (f), (g), and (h) of Section 1725.5 apply to persons licensed under this chapter, and person or licensee, as used in those provisions, include persons licensed under this chapter.
Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member McKinnorFebruary 15, 2024 An act to amend Section 1821 of the Insurance Code, relating to insurance. An act to add Section 5384.6 to the Public Utilities Code, relating to charter-party carriers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, McKinnor. Insurance: bail license. Charter-party carriers.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 would require certain charter-party carriers of passengers engaging in transportation services to provide a written notice, at least 24 hours before embarkation, as defined, to 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 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 California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Assembly March 13, 2024
Amended IN Assembly March 13, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2780
Introduced by Assembly Member McKinnorFebruary 15, 2024
Introduced by Assembly Member McKinnor
February 15, 2024
An act to amend Section 1821 of the Insurance Code, relating to insurance. An act to add Section 5384.6 to the Public Utilities Code, relating to charter-party carriers.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2780, as amended, McKinnor. Insurance: bail license. Charter-party carriers.
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 would require certain charter-party carriers of passengers engaging in transportation services to provide a written notice, at least 24 hours before embarkation, as defined, to 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 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 California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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.
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 would require certain charter-party carriers of passengers engaging in transportation services to provide a written notice, at least 24 hours before embarkation, as defined, to 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 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 California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5384.6 is added to the Public Utilities Code, to read:5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 3. The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SECTION 1.Section 1821 of the Insurance Code is amended to read:1821.(a)A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b)Sections 805, 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and insurance agent or licensee, as used in those provisions, include applicants and persons licensed under this chapter.(c)Subdivisions (a), (c), (e), (f), (g), and (h) of Section 1725.5 apply to persons licensed under this chapter, and person or licensee, as used in those provisions, include persons licensed under this chapter.
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 5384.6 is added to the Public Utilities Code, to read:5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
SECTION 1. Section 5384.6 is added to the Public Utilities Code, to read:
### SECTION 1.
5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
5384.6. (a) For purposes of this section, the following definitions apply:(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.(b) This section shall only apply to a charter-party 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.(c) For purposes of this section, 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.(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:(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.(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:(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.(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
5384.6. (a) For purposes of this section, the following definitions apply:
(1) Embarkation means the physical commencement of a transportation service provided by a charter-party carrier of passengers from an out-of-state geographic location.
(2) Disembarkation means the physical discharge of passengers from a transportation service provided by a charter-party carrier of passengers at a geographic location within California.
(b) This section shall only apply to a charter-party 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.
(c) For purposes of this section, 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.
(d) At least 24 hours before embarkation, a charter-party carrier of passengers 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. This written notice shall include all of the following information:
(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 on the motor vehicle who arrived in the United States within 30 days of embarkation, and, if the charter-party 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 vehicle to assist local officials in identifying the vehicle.
(e) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may determine the exact location of disembarkation.
(2) A governing body described in paragraph (1) that elects to determine the exact location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the charter-party carrier of passengers before embarkation.
(f) 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 city, county, or city and county with jurisdiction at the geographic location of disembarkation.
(g) The time and location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.
(h) In addition to the requirements established pursuant to Section 5391, the charter-party carrier of passengers shall maintain both of the following insurance coverages, which shall be obtained from an admitted insurer that is licensed to provide insurance in California:
(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.
(i) If there is reasonable cause to believe that a charter-party carrier of passengers has committed one or more violations of this section, any of the following parties may bring a civil action seeking preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the charter-party carrier of passengers for one or more violations of this section:
(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.
(j) In addition to any fine or penalty that may be assessed pursuant to Article 6 (commencing with Section 5411), a charter-party carrier of passengers that violates this section, or whose 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.
(k) This section does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to charter-party carrier transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this section. Any local ordinance, code, regulation, or order is not inconsistent with this section if it affords greater protection to passengers than the requirements set forth in this section. Any local ordinance, code, regulation, or order that duplicates or supplements this section shall be construed as providing alternative remedies to those set forth in this section, and shall not be construed to preempt, limit, prohibit, or otherwise affect this section.
(l) This section does not apply to transportation services rendered wholly within California, or rendered from California to an out-of-state location where passengers are discharged.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
SEC. 3. The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
### SEC. 3.
(a)A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)Sections 805, 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and insurance agent or licensee, as used in those provisions, include applicants and persons licensed under this chapter.
(c)Subdivisions (a), (c), (e), (f), (g), and (h) of Section 1725.5 apply to persons licensed under this chapter, and person or licensee, as used in those provisions, include persons licensed under this chapter.