California 2023-2024 Regular Session

California Assembly Bill AB2780 Compare Versions

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1-Assembly Bill No. 2780 CHAPTER 742An act to add Chapter 6 (commencing with Section 2213) to Title 7 of Part 4 of Division 3 of the Civil Code, relating to carriers of passengers. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2780, McKinnor. Carrier of Passengers Act of 2024.Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 2213) is added to Title 7 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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. 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. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
1+Enrolled August 29, 2024 Passed IN Senate August 26, 2024 Passed IN Assembly August 27, 2024 Amended IN Senate June 26, 2024 Amended IN Senate June 19, 2024 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 Chapter 6 (commencing with Section 2213) to Title 7 of Part 4 of Division 3 of the Civil Code, relating to carriers of passengers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, McKinnor. Carrier of Passengers Act of 2024.Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 2213) is added to Title 7 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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. 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. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
22
3- Assembly Bill No. 2780 CHAPTER 742An act to add Chapter 6 (commencing with Section 2213) to Title 7 of Part 4 of Division 3 of the Civil Code, relating to carriers of passengers. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2780, McKinnor. Carrier of Passengers Act of 2024.Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled August 29, 2024 Passed IN Senate August 26, 2024 Passed IN Assembly August 27, 2024 Amended IN Senate June 26, 2024 Amended IN Senate June 19, 2024 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 Chapter 6 (commencing with Section 2213) to Title 7 of Part 4 of Division 3 of the Civil Code, relating to carriers of passengers.LEGISLATIVE COUNSEL'S DIGESTAB 2780, McKinnor. Carrier of Passengers Act of 2024.Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Assembly Bill No. 2780 CHAPTER 742
5+ Enrolled August 29, 2024 Passed IN Senate August 26, 2024 Passed IN Assembly August 27, 2024 Amended IN Senate June 26, 2024 Amended IN Senate June 19, 2024 Amended IN Assembly April 17, 2024 Amended IN Assembly March 13, 2024
66
7- Assembly Bill No. 2780
7+Enrolled August 29, 2024
8+Passed IN Senate August 26, 2024
9+Passed IN Assembly August 27, 2024
10+Amended IN Senate June 26, 2024
11+Amended IN Senate June 19, 2024
12+Amended IN Assembly April 17, 2024
13+Amended IN Assembly March 13, 2024
814
9- CHAPTER 742
15+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
16+
17+ Assembly Bill
18+
19+No. 2780
20+
21+Introduced by Assembly Member McKinnorFebruary 15, 2024
22+
23+Introduced by Assembly Member McKinnor
24+February 15, 2024
1025
1126 An act to add Chapter 6 (commencing with Section 2213) to Title 7 of Part 4 of Division 3 of the Civil Code, relating to carriers of passengers.
12-
13- [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 AB 2780, McKinnor. Carrier of Passengers Act of 2024.
2033
2134 Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
2235
2336 Existing law regulates common carriers of persons and requires a common carrier of persons to provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time, except as specified.
2437
2538 This bill, the Carrier of Passengers Act of 2024, would require carriers of passengers, as defined to include certain motor carriers, passenger carriers, and charter-party carriers of passengers engaging in transportation services, to provide electronic notice, at least 24 hours before embarkation, as defined, to a designated point of contact of the local governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation, as defined. The bill would require this electronic notice to include, among other things, the anticipated date and time of arrival of passengers at the geographic location of disembarkation, as specified, and the number of passengers on the motor vehicle operated by the carrier who the carrier of passenger knows or reasonably should know arrived in the United States within 30 days of embarkation that are likely to seek emergency shelter and other immediate services upon disembarkation. The bill would prohibit a governing body from sharing, disclosing, or otherwise make accessible to any immigrant authority, as defined, information shared or received, as specified. By imposing additional duties on local governing bodies, this bill would impose a state-mandated local program. The bill, among other things, would impose a civil penalty of up to $10,000 for each act, committed by carriers of passengers, of transporting one or more passengers in violation of the bills provisions. The bill would make its provisions severable.
2639
2740 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.
2841
2942 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.
3043
3144 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
3245
3346 ## Digest Key
3447
3548 ## Bill Text
3649
3750 The people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 2213) is added to Title 7 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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. 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. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
3851
3952 The people of the State of California do enact as follows:
4053
4154 ## The people of the State of California do enact as follows:
4255
4356 SECTION 1. Chapter 6 (commencing with Section 2213) is added to Title 7 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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.
4457
4558 SECTION 1. Chapter 6 (commencing with Section 2213) is added to Title 7 of Part 4 of Division 3 of the Civil Code, to read:
4659
4760 ### SECTION 1.
4861
4962 CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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.
5063
5164 CHAPTER 6 Carrier of Passengers Act of 2024 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. Article 2. Definitions2214. 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 of the Public Utilities Code. Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b). Article 5. Applicability2217. (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 additional 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. Severability2218. (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.
5265
5366 CHAPTER 6 Carrier of Passengers Act of 2024
5467
5568 CHAPTER 6 Carrier of Passengers Act of 2024
5669
5770 Article 1. Title2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
5871
5972 Article 1. Title
6073
6174 Article 1. Title
6275
6376 2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
6477
6578
6679
6780 2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
6881
6982 Article 2. Definitions2214. 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 of the Public Utilities Code.
7083
7184 Article 2. Definitions
7285
7386 Article 2. Definitions
7487
7588 2214. 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 of the Public Utilities Code.
7689
7790
7891
7992 2214. For purposes of this chapter, the following definitions apply:
8093
8194 (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.
8295
8396 (b) Charter-party carrier of passengers has the same meaning as used in Section 5360.
8497
8598 (c) Disembarkation means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
8699
87100 (d) Embarkation means the physical commencement of a transportation service provided by a carrier of passengers.
88101
89102 (e) Motor vehicle has the same meaning as used in Section 5359 of the Public Utilities Code.
90103
91104 Article 3. General Provisions2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant.
92105
93106 Article 3. General Provisions
94107
95108 Article 3. General Provisions
96109
97110 2215. (a) (1) 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.(2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:(A) Temporary housing or shelter.(B) Food.(C) Clothing.(D) Medical screenings.(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 electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:(1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.(2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.(3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.(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 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 post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).(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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.(f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.(2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.(g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant.
98111
99112
100113
101114 2215. (a) (1) 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.
102115
103116 (2) For purposes of this subdivision, likely to seek emergency shelter and other immediate services upon disembarkation may include, but is not limited to, any of the following:
104117
105118 (A) Temporary housing or shelter.
106119
107120 (B) Food.
108121
109122 (C) Clothing.
110123
111124 (D) Medical screenings.
112125
113126 (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.
114127
115128 (c) At least 24 hours before embarkation, a carrier of passengers shall provide electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information:
116129
117130 (1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location.
118131
119132 (2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code.
120133
121134 (3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation.
122135
123136 (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.
124137
125138 (d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may designate a specific location of disembarkation within the governing bodys jurisdiction.
126139
127140 (2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall post notice of that location on the governing bodys internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c).
128141
129142 (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 electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing bodys internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location.
130143
131144 (f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation.
132145
133146 (2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passengers parent or guardian before embarkation. The notice and agreement shall be done in the passengers primary language.
134147
135148 (g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant.
136149
137150 Article 4. Civil Action and Penalties2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b).
138151
139152 Article 4. Civil Action and Penalties
140153
141154 Article 4. Civil Action and Penalties
142155
143156 2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this 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 of the Public Utilities Code does not apply for purposes of this chapter.(d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).(e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b).
144157
145158
146159
147160 2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this chapter:
148161
149162 (1) The Attorney General, a district attorney, or a city attorney.
150163
151164 (2) A passenger who was transported in violation of this chapter.
152165
153166 (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.
154167
155168 (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.
156169
157170 (c) Article 6 (commencing with Section 5411) of Chapter 8 of the Public Utilities Code does not apply for purposes of this chapter.
158171
159172 (d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b).
160173
161174 (e) A prevailing plaintiff shall be entitled to attorneys fees and costs in any action brought pursuant to subdivision (a) or (b).
162175
163176 Article 5. Applicability2217. (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 additional 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.
164177
165178 Article 5. Applicability
166179
167180 Article 5. Applicability
168181
169182 2217. (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 additional 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.
170183
171184
172185
173186 2217. (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 additional remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter.
174187
175188 (b) This chapter shall only be implemented to the extent that implementation is consistent with federal law.
176189
177190 Article 6. Severability2218. (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.
178191
179192 Article 6. Severability
180193
181194 Article 6. Severability
182195
183196 2218. (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.
184197
185198
186199
187200 2218. (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.
188201
189202 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.
190203
191204 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.
192205
193206 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.
194207
195208 ### SEC. 2.
196209
197210 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
198211
199212 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
200213
201214 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
202215
203216 ### SEC. 3.