California 2009-2010 Regular Session Status: Enacted

AB 2572 — Charter-party carriers of passengers.

Last action — Chaptered by Secretary of State - Chapter 472, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution establishes the Public Utilities Commission with jurisdiction over all public utilities, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission, that is cognate and germane to the regulation of public utilities. Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-Party Carriers' Act. The act defines a charter-party carrier of passengers, subject to certain exceptions, to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway. This bill would provide that a charter-party carrier of passengers includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. The bill would, however, make certain provisions of the act inapplicable to a charter-party carrier of passengers engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver, and make certain insurance requirements applicable only to the driver supplied by the charter-party carrier of passengers engaged in the provision of a hired driver service when the car is separately rented. Under existing law, a violation of the Passenger Charter-Party Carriers' Act or an order or direction of the commission pursuant to the act is a crime. This bill, by expanding the definition of a charter-party carrier of passengers, would impose a state-mandated local program by expanding the definition of a crime. The act requires a charter-party carrier of passengers to obtain from the commission a certificate of public convenience and necessity, or for certain carriers, to obtain a permit, sets forth the requirements to be met before a certificate or permit may be issued or renewed, establishes fees to be charged by the commission to different classes of certificate holders and for permitholders for issuance or renewal of a certificate or permit, and provides that a certificate or permit, or renewal thereof, is effective for 3 years, unless suspended or revoked by the commission. This bill would revise the fees charged by the commission for a new or renewed certificate or permit. The bill would authorize the commission to cancel, revoke, or suspend any operating certificate or permit upon the failure of a certificate or permit holder, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirements established by the governing body of an airport. Existing law authorizes a peace officer, as defined, that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. Existing law limits this authority to arrests made at a public airport or within 2 miles of the international border with Mexico. This bill would delete that limitation. Existing law requires that an impounded vehicle be immediately returned to the owner, without cost to the owner, if the infraction or violation is not prosecuted or is dismissed, or used in violation of a specified law without the knowledge and consent of the owner. This bill would delete the requirement that the impounded vehicle be returned without cost to the owner. The bill would require that if a vehicle is seized due to a violation of a person other than the owner, the impounded vehicle be returned to the owner after all impoundment fees are paid. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 472, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 68. Noes 5. Page 6591.)

  5. Assembly Rule 77 suspended. (Page 6558.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 28. Noes 7. Page 4785.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  12. In committee: Hearing postponed by committee.

  13. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (June 29).

  14. From committee: Do pass, and re-refer to Com. on T. & H. Re-referred. (Ayes 7. Noes 2.) (June 15).

  15. Referred to Coms. on E., U., & C. and T. & H.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 62. Noes 4. Page 5246.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 14. Noes 1.) (May 12).

  20. Re-referred to Com. on APPR.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 19).

  25. From committee: Do pass, and re-refer to Com. on TRANS. Re-referred. (Ayes 15. Noes 0.) (April 12).

  26. Referred to Coms. on U. & C. and TRANS.

  27. Read first time.

  28. From printer. May be heard in committee March 23.

  29. Introduced. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Bradford

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2572 BRADFORD Concurrence in Senate Amendments

Passed 80 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 74505
Democratic 3000
Republican 3000
Total 80505
% of votes cast 89%6%0%6%
How each member voted (90)
Member Party Vote
Hagman — Yea
Carter — Yea
Evans — Yea
Fuller — Yea
Furutani — Yea
Gatto — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Charles — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Garrick — Nay
Jeffries — Not Voting
Knight — Nay
Silva — Not Voting
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torrico — Not Voting
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Not Voting
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2572 Bradford By Lowenthal

Passed 29 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 27604
Democratic 2000
Republican 0100
Total 29704
% of votes cast 73%18%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Nay
Huff — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Leno — Yea
Alquist — Yea
Ashburn — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Blakeslee — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass, but re-refer to the Committee on Transportation and Housing.

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 0100
Democratic 1000
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Kehoe — Yea
Corbett — Yea
Oropeza — Not Voting
Dutton — Nay
Wright — Yea
Simitian — Yea
Cox — Not Voting
Florez — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2572 BRADFORD Assembly Third Reading

Passed 70 Yea · 4 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 644017
Democratic 3000
Republican 3000
Total 704017
% of votes cast 77%4%0%19%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Bass — Yea
Blakeslee — Yea
Coto — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Davis — Yea
Eng — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Evans — Not Voting
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Not Voting
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Nava — Not Voting
Norby — Nay
Ruskin — Yea
Silva — Not Voting
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Not Voting
Lieu — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Not Voting
Emmerson — Not Voting
Feuer — Yea
DeVore — Nay
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 14102
Democratic 0001
Total 14103
% of votes cast 78%6%0%17%
How each member voted (18)
Member Party Vote
Conway — Yea
Coto — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Charles — Not Voting
Hill — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Norby — Nay
Skinner — Yea
Torrico — Yea
Nielsen — Not Voting
Solorio — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 14 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13002
Republican 1000
Total 14002
% of votes cast 88%0%0%13%
How each member voted (16)
Member Party Vote
Furutani — Yea
Galgiani — Yea
Bill — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Hayashi — Yea
Blumenfield — Yea
Miller — Yea
Norby — Not Voting
Solorio — Yea
Buchanan — Yea
Jeffries — Not Voting
Eng — Yea
Bill Berryhill — Yea
Niello, Roger W. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Transportation.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Carter — Yea
Fuentes — Yea
Fuller — Yea
Huffman — Yea
Tom — Yea
Fletcher — Yea
Fong — Yea
Knight — Yea
Skinner — Yea
Swanson — Yea
Villines — Yea
Bradford — Yea
Buchanan — Yea
Ma — Yea
Furutani — Yea
Bill Berryhill — Yea

Official roll call →

Subjects

transportation
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Frequently asked questions

What does AB 2572 do?
The California Constitution establishes the Public Utilities Commission with jurisdiction over all public utilities, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission, that is cognate and germane to the regulation of public utilities. Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-Party Carriers' Act. The act defines a charter-party carrier of passengers, subject to certain exceptions, to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway. This bill would provide that a charter-party carrier of passengers includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. The bill would, however, make certain provisions of the act inapplicable to a charter-party carrier of passengers engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver, and make certain insurance requirements applicable only to the driver supplied by the charter-party carrier of passengers engaged in the provision of a hired driver service when the car is separately rented. Under existing law, a violation of the Passenger Charter-Party Carriers' Act or an order or direction of the commission pursuant to the act is a crime. This bill, by expanding the definition of a charter-party carrier of passengers, would impose a state-mandated local program by expanding the definition of a crime. The act requires a charter-party carrier of passengers to obtain from the commission a certificate of public convenience and necessity, or for certain carriers, to obtain a permit, sets forth the requirements to be met before a certificate or permit may be issued or renewed, establishes fees to be charged by the commission to different classes of certificate holders and for permitholders for issuance or renewal of a certificate or permit, and provides that a certificate or permit, or renewal thereof, is effective for 3 years, unless suspended or revoked by the commission. This bill would revise the fees charged by the commission for a new or renewed certificate or permit. The bill would authorize the commission to cancel, revoke, or suspend any operating certificate or permit upon the failure of a certificate or permit holder, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirements established by the governing body of an airport. Existing law authorizes a peace officer, as defined, that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. Existing law limits this authority to arrests made at a public airport or within 2 miles of the international border with Mexico. This bill would delete that limitation. Existing law requires that an impounded vehicle be immediately returned to the owner, without cost to the owner, if the infraction or violation is not prosecuted or is dismissed, or used in violation of a specified law without the knowledge and consent of the owner. This bill would delete the requirement that the impounded vehicle be returned without cost to the owner. The bill would require that if a vehicle is seized due to a violation of a person other than the owner, the impounded vehicle be returned to the owner after all impoundment fees are paid. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2572?
AB 2572 is sponsored by Bradford.
What is the current status of AB 2572?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2572?
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