California 2009-2010 Regular Session Status: Passed Senate

SB 1264 — Commercial airlines: passenger rights.

Last action — Died on file.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Pursuant to existing law, the federal Department of Transportation has adopted regulations, that became effective April 29, 2010, requiring air carriers, as defined, to do all of the following: (1) adopt contingency plans for lengthy tarmac delays that include specified passenger services and to publish those plans on their Internet Web site, (2) adopt a customer service plan that addresses specified matter and audit compliance with the plan, and (3) designate Advocates for Passengers' Interests and inform consumers how to file a complaint about scheduled service, acknowledge receipt of each complaint, and send a substantive response to each complainant. The regulations make an air carrier's failure to comply with its contingency plan for lengthy tarmac delays an unfair and deceptive practice subject to enforcement by the department. The regulations additionally make unrealistic scheduling of flights and the holding out of certain chronically delayed flights an unfair and deceptive practice and an unfair method of competition. Existing law requires the Public Utilities Commission to require every commercial air operator, as defined, to procure, and continue in effect, adequate protection against liability for personal bodily injuries and property damage as a result of an accident, that may be imposed by law upon the operator and upon any person using, operating, or renting an aircraft, as defined, with the permission of the operator. This bill would require, whenever passengers have boarded an aircraft, as defined, and departure of the aircraft from the airport, as defined, is delayed by more than 2 hours, or more than 2 hours have passed following landing of the aircraft and passengers have not disembarked from the aircraft, that the air carrier, as defined, provide passengers, as needed, with (1) electrical service that is sufficient to provide the passengers with fresh air and light, (2) waste removal service in order to service the holding tanks for onboard restrooms, and (3) adequate food and drinking water and other refreshment. This bill would require an air carrier to provide clear and conspicuous notice regarding passenger or consumer complaint contact information. The bill would authorize the commission to levy a civil penalty of up to $27,500 per passenger upon an air carrier for violation of the above-described requirements, if the federal Department of Transportation no longer has the authority to levy fines pursuant to its above-described regulations, along with interest upon any unpaid and delinquent penalty, and requires the commission to pay any moneys collected through the levy into the General Fund. The commission would be required to notify the Department of Finance and the relevant policy and fiscal committees of the Legislature if it determines the federal Department of Transportation no longer has the authority to levy fines and conditions the commission's exercise of its enforcement authority upon the Legislature making an appropriation for that purpose.

Bill Text

Action History

  1. Died on file.

  2. Placed on inactive file on request of Senator Leno.

  3. (Ayes 36. Noes 0. Page 3794.)

  4. Reconsideration granted.

  5. Motion to reconsider made by Senator Leno.

  6. Read third time. Refused passage. (Ayes 17. Noes 16. Page 3794.)

  7. Read second time. Amended. To third reading.

  8. From committee: Do pass as amended. (Ayes 7. Noes 3. Page 3674.)

  9. (Suspense - for vote only.)

  10. Set for hearing May 27.

  11. Placed on APPR suspense file.

  12. Set for hearing May 10.

  13. Read second time. Amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 3311.)

  15. Set for hearing April 20.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on T. & H.

  17. To Com. on T. & H.

  18. From print. May be acted upon on or after March 23.

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Primary
  • Lieu · Cosponsor
  • Simitian · Cosponsor
  • Torres · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 2 voted No

Sponsors (1)

  • Leno

Co-sponsors (3)

  • Lieu
  • Simitian
  • Torres

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Senate 3rd Reading SB1264 Leno Reconsider

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2000
Republican 1000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
McLeod — Yea
Dutton — Yea
Ashburn — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Not Voting
Alquist — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Wright — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB1264 Leno

Failed 17 Yea · 17 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 171504
Democratic 0101
Republican 0100
Total 171705
% of votes cast 44%44%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Corbett — Yea
Hancock — Yea
Lowenthal — Yea
Cedillo — Nay
Hollingsworth — Not Voting
Negrete — Nay
Runner — Nay
Huff — Nay
Cogdill — Nay
Ducheny — Nay
Dutton — Nay
Liu — Yea
McLeod — Nay
Ashburn — Nay
Pavley — Yea
Price — Not Voting
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wright — Nay
Aanestad — Nay
Alquist — Yea
Harman — Not Voting
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wyland — Nay
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Wyland — Nay
Cox — Not Voting
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Not Voting
Kehoe — Yea
Leno — Yea
Alquist — Yea
Price — Yea
Wolk — Yea
Walters — Yea
Wyland — Yea
Cox — Yea
Denham — Not Voting

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 1264 do?
Pursuant to existing law, the federal Department of Transportation has adopted regulations, that became effective April 29, 2010, requiring air carriers, as defined, to do all of the following: (1) adopt contingency plans for lengthy tarmac delays that include specified passenger services and to publish those plans on their Internet Web site, (2) adopt a customer service plan that addresses specified matter and audit compliance with the plan, and (3) designate Advocates for Passengers' Interests and inform consumers how to file a complaint about scheduled service, acknowledge receipt of each complaint, and send a substantive response to each complainant. The regulations make an air carrier's failure to comply with its contingency plan for lengthy tarmac delays an unfair and deceptive practice subject to enforcement by the department. The regulations additionally make unrealistic scheduling of flights and the holding out of certain chronically delayed flights an unfair and deceptive practice and an unfair method of competition. Existing law requires the Public Utilities Commission to require every commercial air operator, as defined, to procure, and continue in effect, adequate protection against liability for personal bodily injuries and property damage as a result of an accident, that may be imposed by law upon the operator and upon any person using, operating, or renting an aircraft, as defined, with the permission of the operator. This bill would require, whenever passengers have boarded an aircraft, as defined, and departure of the aircraft from the airport, as defined, is delayed by more than 2 hours, or more than 2 hours have passed following landing of the aircraft and passengers have not disembarked from the aircraft, that the air carrier, as defined, provide passengers, as needed, with (1) electrical service that is sufficient to provide the passengers with fresh air and light, (2) waste removal service in order to service the holding tanks for onboard restrooms, and (3) adequate food and drinking water and other refreshment. This bill would require an air carrier to provide clear and conspicuous notice regarding passenger or consumer complaint contact information. The bill would authorize the commission to levy a civil penalty of up to $27,500 per passenger upon an air carrier for violation of the above-described requirements, if the federal Department of Transportation no longer has the authority to levy fines pursuant to its above-described regulations, along with interest upon any unpaid and delinquent penalty, and requires the commission to pay any moneys collected through the levy into the General Fund. The commission would be required to notify the Department of Finance and the relevant policy and fiscal committees of the Legislature if it determines the federal Department of Transportation no longer has the authority to levy fines and conditions the commission's exercise of its enforcement authority upon the Legislature making an appropriation for that purpose.
Who sponsors SB 1264?
SB 1264 is sponsored by Leno, Lieu, Simitian, and Torres.
What is the current status of SB 1264?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1264?
Track SB 1264 free on One Click Politics — get push/email alerts when it moves.

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