Amended IN Assembly April 17, 2024 Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member McKinnorFebruary 15, 2024An act to add Section 5384.6 to Chapter 8.5 (commencing with Section 5480) to Division 2 of the Public Utilities Code, relating to charter-party carriers. carriers of passengers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, McKinnor. Charter-party carriers. Carrier of Passengers Act of 2024.The Passenger Charter-party Carriers Act, with certain exceptions, requires a charter-party carrier of passengers that engages in transportation services subject to regulation by the Public Utilities Commission to obtain a specified certificate or permit, as appropriate, from the commission, subject to various requirements. A violation of the act is a crime.This bill bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services services, to provide a written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill, among other things, would require these charter-party carriers of passengers to maintain insurance coverage for umbrella liability, as specified, and liability for civil rights violations, as provided. In addition to any fine or penalty that may be assessed pursuant to the Passenger Charter-party Carriers Act, the bill would create impose a civil penalty of up to $10,000 for each act, committed by charter-party carriers of passengers, of transporting one or more passengers in violation of the bills provisions. Because a violation of the Passenger Charter-party Carriers Act is a crime, the bill would impose a state-mandated local program. The bill would make its provisions severable.The 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO 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-partycarrier 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 XIII B 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 XIII B of the California Constitution.SECTION 1. Chapter 8.5 (commencing with Section 5480) is added to Division 2 of the Public Utilities Code, to read: CHAPTER 8.5. Carrier of Passengers Act of 2024 Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359. Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter. Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 3.SEC. 2. 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.
Amended IN Assembly April 17, 2024 Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member McKinnorFebruary 15, 2024An act to add Section 5384.6 to Chapter 8.5 (commencing with Section 5480) to Division 2 of the Public Utilities Code, relating to charter-party carriers. carriers of passengers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, McKinnor. Charter-party carriers. Carrier of Passengers Act of 2024.The Passenger Charter-party Carriers Act, with certain exceptions, requires a charter-party carrier of passengers that engages in transportation services subject to regulation by the Public Utilities Commission to obtain a specified certificate or permit, as appropriate, from the commission, subject to various requirements. A violation of the act is a crime.This bill bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services services, to provide a written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill, among other things, would require these charter-party carriers of passengers to maintain insurance coverage for umbrella liability, as specified, and liability for civil rights violations, as provided. In addition to any fine or penalty that may be assessed pursuant to the Passenger Charter-party Carriers Act, the bill would create impose a civil penalty of up to $10,000 for each act, committed by charter-party carriers of passengers, of transporting one or more passengers in violation of the bills provisions. Because a violation of the Passenger Charter-party Carriers Act is a crime, the bill would impose a state-mandated local program. The bill would make its provisions severable.The 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Assembly April 17, 2024 Amended IN Assembly March 13, 2024
Amended IN Assembly April 17, 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 add Section 5384.6 to Chapter 8.5 (commencing with Section 5480) to Division 2 of the Public Utilities Code, relating to charter-party carriers. carriers of passengers.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2780, as amended, McKinnor. Charter-party carriers. Carrier of Passengers Act of 2024.
The Passenger Charter-party Carriers Act, with certain exceptions, requires a charter-party carrier of passengers that engages in transportation services subject to regulation by the Public Utilities Commission to obtain a specified certificate or permit, as appropriate, from the commission, subject to various requirements. A violation of the act is a crime.This bill bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services services, to provide a written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill, among other things, would require these charter-party carriers of passengers to maintain insurance coverage for umbrella liability, as specified, and liability for civil rights violations, as provided. In addition to any fine or penalty that may be assessed pursuant to the Passenger Charter-party Carriers Act, the bill would create impose a civil penalty of up to $10,000 for each act, committed by charter-party carriers of passengers, of transporting one or more passengers in violation of the bills provisions. Because a violation of the Passenger Charter-party Carriers Act is a crime, the bill would impose a state-mandated local program. The bill would make its provisions severable.The 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.
The Passenger Charter-party Carriers Act, with certain exceptions, requires a charter-party carrier of passengers that engages in transportation services subject to regulation by the Public Utilities Commission to obtain a specified certificate or permit, as appropriate, from the commission, subject to various requirements. A violation of the act is a crime.
This bill bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services services, to provide a written notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this written notice to include, among other things, the anticipated date and time of arrival of passengers at disembarkation, and the number of passengers on the motor vehicle operated by the carrier who arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill, among other things, would require these charter-party carriers of passengers to maintain insurance coverage for umbrella liability, as specified, and liability for civil rights violations, as provided. In addition to any fine or penalty that may be assessed pursuant to the Passenger Charter-party Carriers Act, the bill would create impose a civil penalty of up to $10,000 for each act, committed by charter-party carriers of passengers, of transporting one or more passengers in violation of the bills provisions. Because a violation of the Passenger Charter-party Carriers Act is a crime, the bill would impose a state-mandated local program. The bill would make its provisions severable.
The 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.
## 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-partycarrier 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 XIII B 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 XIII B of the California Constitution.SECTION 1. Chapter 8.5 (commencing with Section 5480) is added to Division 2 of the Public Utilities Code, to read: CHAPTER 8.5. Carrier of Passengers Act of 2024 Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359. Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter. Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 3.SEC. 2. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(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-partycarrier 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.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
SECTION 1. Chapter 8.5 (commencing with Section 5480) is added to Division 2 of the Public Utilities Code, to read: CHAPTER 8.5. Carrier of Passengers Act of 2024 Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359. Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter. Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 1. Chapter 8.5 (commencing with Section 5480) is added to Division 2 of the Public Utilities Code, to read:
### SECTION 1.
CHAPTER 8.5. Carrier of Passengers Act of 2024 Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359. Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter. Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CHAPTER 8.5. Carrier of Passengers Act of 2024 Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359. Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter. Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CHAPTER 8.5. Carrier of Passengers Act of 2024
CHAPTER 8.5. Carrier of Passengers Act of 2024
Article 1. Title5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
Article 1. Title
Article 1. Title
5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
5480. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
Article 2. Definitions5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359.
Article 2. Definitions
Article 2. Definitions
5481. For purposes of this chapter, the following definitions apply:(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.(e) Motor vehicle has the same meaning as used in Section 5359.
5481. For purposes of this chapter, the following definitions apply:
(a) Carrier of passengers means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
(b) Charter-party carrier of passengers has the same meaning as used in Section 5360.
(c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
(d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.
(e) Motor vehicle has the same meaning as used in Section 5359.
Article 3. General Provisions5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.
Article 3. General Provisions
Article 3. General Provisions
5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.(b) For purposes of this chapter, 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.(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.
5482. (a) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation.
(b) For purposes of this chapter, 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.
(c) At least 24 hours before embarkation, a carrier of passengers shall provide a written notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. 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, consistent with 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 carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
(4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle.
(d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may, by a resolution adopted by that governing body, designate a specific location of disembarkation within the governing bodys jurisdiction.
(2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall provide a written notice of that location to the carrier of passengers before embarkation.
(e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided written notice of that location pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.
(f) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.
Article 4. Civil Action and Penalties5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter.
Article 4. Civil Action and Penalties
Article 4. Civil Action and Penalties
5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:(1) The Attorney General, a district attorney, or a city attorney.(2) A passenger who was transported in violation of this chapter.(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter.
5483. (a) If there is reasonable cause to believe that a carrier of passengers has committed one or more violations of this chapter, 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 carrier of passengers, for one or more violations of this chapter:
(1) The Attorney General, a district attorney, or a city attorney.
(2) A passenger who was transported in violation of this chapter.
(3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter.
(b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, 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 chapter.
(c) Article 6 (commencing with Section 5411) of Chapter 8 does not apply for purposes of this chapter.
Article 5. Applicability5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law.
Article 5. Applicability
Article 5. Applicability
5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law.
5484. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing alternative remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.
(b) This chapter shall only be implemented to the extent that implementation is consistent with federal law.
Article 6. Severability5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Article 6. Severability
Article 6. Severability
5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
5485. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.SEC. 2. 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.SEC. 2. 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.SEC. 2. 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.SEC. 2.