(1) 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, until January 1, 2009, exclude from the definition of commercial air operator a person furnishing or providing transportation by hot air balloon for entertainment or recreational purposes. The bill would, until January 1, 2009, exclude from the definition of aircraft a hot air balloon furnished or providing transportation for entertainment or recreational purposes.
The bill, notwithstanding those provisions, would, until January 1, 2009, require that any person providing transportation by hot air balloon for hire, for entertainment or recreational purposes, maintain in force at least $1,000,000 of liability insurance for personal injury, wrongful death, and property damage resulting from the operation of a balloon, with additional liability coverage of $100,000 for each passenger for any balloon carrying more than 10 passengers. The bill would, until January 1, 2009, require that a notice be provided to every passenger that identifies both the insurer providing a policy of liability insurance to the person providing that transportation and the amount of insurance coverage provided by that policy.
The bill would, until January 1, 2009, require that any person providing transportation by hot air balloon for hire, for entertainment or recreational purposes, comply with any requirement of a city, county, or city and county (local government) that the person obtain a business license as a condition for operating in the jurisdiction of the local government and to prominently display the license at the person’s primary place of business frequented by customers and potential customers. Whenever a local government requires a business license, any person providing transportation by hot air balloon for hire, for entertainment or recreational purposes, would, until January 1, 2009, be required to provide to the local government a currently effective certificate of insurance evidencing insurance coverage, at least annually or whenever there is a material change in insurance coverage. This bill would impose a state-mandated local program by requiring local governments, until January 1, 2009, to give reasonable notice of this requirement with any business license renewal notification and to maintain as a public record every business license issued by the local government to any person providing transportation by hot air balloon for hire, for entertainment or recreational purposes, and every currently effective certificate of insurance evidencing the insurance coverage required by the bill. A local government would, until January 1, 2009, be authorized to charge a reasonable fee for purposes of carrying out these provisions.
The bill would also impose a state-mandated local program by making it a misdemeanor to fail to obtain and maintain a current valid local business license as required by the bill or to fail to maintain insurance in force as required by the bill.
(2) 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 specified reasons.
(3) The bill would declare that it is to take effect immediately as an urgency statute.