BILL NUMBER: AB 2591	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 20, 2004

   An act to amend Sections 5353.5 and 5371.4 of the Public Utilities
Code, relating to charter-party carriers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2591, as introduced, Leno.  Charter-party carriers:
limousines.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including charter-party carriers of
passengers.  Charter-party carriers of passengers are subject to the
jurisdiction and control of the commission under the Passenger
Charter-Party Carriers' Act.  The act requires a charter-party
carrier of passengers to obtain from the commission a certificate
that public convenience and necessity require the operation or a
permit issued by the commission, and to operate within the state on a
prearranged basis, as defined.  The act prohibits the commission
from issuing or renewing a permit unless the applicant has met
specified requirements, including the submission of specified filing
fees.
   The act prohibits the governing body of any city, county, or city
and county from imposing business license fees on charter-party
carriers operating limousines.
   This bill would delete those prohibitions and make conforming
changes to other related provisions of law.
   The act authorizes the governing body of any city, county, or city
and county to impose a business license fee on any charter-party
carrier domiciled or maintaining a business office within that city,
county, or city and county.
   This bill would additionally authorize the governing body of any
city, county, or city and county to impose a business license fee on
any charter-party carrier operating at an airport owned or operated
by that city, county, or city and county.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5353.5 of the Public Utilities Code is amended
to read:
   5353.5.  On and after July 1, 1989, this chapter does not apply to
transportation service  , other than transportation service
furnished in a limousine for hire,  rendered wholly within
the corporate limits of a single city or city and county and licensed
or regulated by ordinance.
  SEC. 2.  Section 5371.4 of the Public Utilities Code is amended to
read:
   5371.4.   (a)  The  governing body of any
city, county, or city and county may not impose a fee on
charter-party carriers operating limousines.  However, the 
governing body of any city, county, or city and county may impose a
business license fee on, and may adopt and enforce any reasonable
rules and regulations pertaining to operations within its boundaries
for, any charter-party carrier domiciled or maintaining a business
office within that city, county, or city and county  , or
operating at an airport owned or operated by that city, county, or
city and county  .  
   (b) The governing body of any airport may not impose vehicle
safety, vehicle licensing, or insurance requirements on charter-party
carriers operating limousines that are more burdensome than those
imposed by the commission.  However, the governing board of any
airport may require a charter-party carrier operating limousines to
obtain an airport permit for operating authority at the airport.
   (c) Notwithstanding subdivisions (a) and (b), the governing body
of any airport may adopt and enforce reasonable and nondiscriminatory
local airport rules, regulations, and ordinances pertaining to
access, use of streets and roads, parking, traffic control, passenger
transfers, trip fees, and occupancy, and the use of buildings and
facilities, that are applicable to charter-party carriers operating
limousines on airport property.
   (d) This section does not apply to any agreement entered into
pursuant to Sections 21690.5 to 21690.9, inclusive, between the
governing body of an airport and charter-party carriers operating
limousines.
   (e) The commission shall conduct an audit and review of the annual
gross revenues earned by charter-party carriers operating limousines
for the purpose of ascertaining whether the imposition of additional
fees based on a charter-party carrier's gross annual revenues would
place an undue administrative or financial burden on the
charter-party carrier industry.  The commission shall report its
findings to the Legislature on or before June 30, 1992.
   (f) The governing body of any airport shall not impose a fee based
on gross receipts of charter-party carriers operating limousines.
   (g) Notwithstanding subdivisions (a) to (f), inclusive, nothing in
this section prohibits a city, county, city and county, or the
governing body of any airport, from adopting and enforcing reasonable
permit requirements, fees, rules, and regulations applicable to
charter-party carriers of passengers other than those operating
limousines.
   (h) For the purposes of this section, "limousine" includes any
luxury sedan, of either standard or extended length, with a seating
capacity of not more than nine passengers including the driver, used
in the transportation of passengers for hire on a prearranged basis
within this state.