Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-625 Party buses: cannabis.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/01/2019 09:00 PM
SB625:v98#DOCUMENT

Amended  IN  Assembly  July 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 625


Introduced by Senator Hill

February 22, 2019


An act to add Section 5384.3 to the Public Utilities Code, and to amend Section 23229 of, and to add Section 23229.2 to, the Vehicle Code, relating to party buses.


LEGISLATIVE COUNSEL'S DIGEST


SB 625, as amended, Hill. Party buses: cannabis.
Existing law prohibits a passenger in a motor vehicle being driven upon a highway from drinking any alcoholic beverage or smoking or ingesting any cannabis product. Existing law exempts passengers in any bus, taxicab, or limousine, as specified, from this prohibition.
This bill would instead exempt prohibit the ingestion smoking or vaping of cannabis products by a passenger in a bus, taxicab, or limousine limousine, but would create a limited exemption for limousines, modified limousines, and charter buses only if there are no passengers under 21 years of age present and the driver is sealed off from the passenger compartment, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5384.3 is added to the Public Utilities Code, to read:

5384.3.
 (a) Notwithstanding Sections 23221 and 23229.2 of the Vehicle Code, a charter-party carrier of passengers may allow passengers in a bus, limousine, or modified limousine to smoke or vape cannabis or cannabis products if all of the following conditions are met:
(1) There are no passengers under 21 years of age present in the vehicle.
(2) The driver’s compartment of the vehicle is sealed off by a physical barrier that effectively limits the passage of smoke or vapor to the driver’s compartment.
(3) The driver’s compartment and passenger compartment are separately ventilated. The vehicle’s ventilation system shall ensure that while cannabis consumption is taking place, air from the passenger cabin is not circulated in the driver’s compartment.
(4) If the barrier between the driver’s compartment and passenger compartment has a door, window, partition, or other opening, the charter-party carrier shall comply with both of the following:
(A) The door, window, partition, or other opening shall remain sealed while passengers are present in the vehicle.
(B) An employee other than the driver shall remain in the passenger compartment while passengers are present in the vehicle.
(5) Cannabis consumption is not visible from any public place.
(6) The following notice is conspicuously posted in the passenger compartment of the vehicle:
CONSUMER NOTICE: CANNABIS USE IS ALLOWED IN THIS VEHICLE. CANNABIS IS A SCHEDULE I DRUG. ONLY PERSONS 21 YEARS OF AGE OR OLDER ARE ALLOWED IN THIS VEHICLE. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. USE EXTREME CAUTION.
(b) (1) A determination that the vehicle meets the requirements of paragraphs (2) and (3) of subdivision (a) shall be made and attested to in writing by a third-party state licensed engineer. A copy of this determination shall be presented to the California Highway Patrol for verification and inspection of the vehicle. A copy of the determination shall be presented, upon request, to the commission. The charter-party carrier shall keep a copy of this determination in the vehicle.
(2) The design of the vehicle shall not compromise driver or passenger safety. Vehicles shall comply with all safety laws and regulations applicable to buses, limousines, or modified limousines as relevant to the specific type of vehicle.
(c) Before commencing transportation or allowing any cannabis consumption in the vehicle, whichever occurs first, the driver or an employee of the charter-party carrier shall do all of the following:
(1) Check the identification of all passengers to verify every passenger is 21 years of age or older. If a passenger is picked up at another location, the driver or employee shall immediately check the identification of that passenger.
(2) Announce to all passengers that cannabis consumption will be taking place in the vehicle.
(3) Announce to all passengers the location of all emergency exits and fire extinguishers, if the vehicle is required to have these features.
(d) If the commission, after a hearing, finds that the charter-party carrier has violated this section, the commission shall impose the following penalties:
(1) For a first violation of paragraph (1), (5), or (6) of subdivision (a), or subdivision (c), the commission shall impose a civil penalty of not more than two thousand dollars ($2,000), as determined appropriate by the commission.
(2) For a second violation of paragraph (1), (5), or (6) of subdivision (a), or subdivision (c), the commission shall impose a civil penalty of not more than two thousand dollars ($2,000), a suspension of the carrier’s certificate or permit for no more than 30 days, or both such penalty and suspension, as determined appropriate by the commission.
(3) For a third violation of paragraph (1), (5), or (6) of subdivision (a), or subdivision (c), the commission shall revoke the carrier’s certificate or permit.
(4) For any violation of paragraph (2), (3), or (4) of subdivision (a), or subdivision (b), where the carrier knowingly permitted the smoking or vaping of cannabis or cannabis products, the commission shall revoke the carrier’s certificate or permit.
(e) The authority granted to the commission pursuant to subdivision (d) is in addition to any authority the commission has to enforce the requirements of this chapter, and the commission may impose any additional penalties available pursuant to this chapter for a violation of this section.

SECTION 1.SEC. 2.

 Section 23229 of the Vehicle Code is amended to read:

23229.
 (a) Except as provided in Sections 23229.1 and 23229.2, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1.
(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1.

SEC. 2.SEC. 3.

 Section 23229.2 is added to the Vehicle Code, to read:

23229.2.
 (a)Subdivision (b) of Section 23222 shall apply to the driver of, and subdivision (b) of Section 23221, as it pertains to marijuana, the smoking or vaping of cannabis or any cannabis product, shall apply to any passenger in, any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or local authority unless both of the following conditions are met: except as otherwise provided in Section 5384.3 of the Public Utilities Code.

(1)There are no passengers under 21 years of age present in the vehicle.

(2)The driver’s compartment of the vehicle is sealed off and separately ventilated from the passenger compartment of the vehicle.

(b)The condition in paragraph (2) of subdivision (a) is not required if the cannabis products are orally ingested and not smoked or vaped.