Bill Text: CA SB338 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter-party carriers of passengers: limousines: fire extinguishers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB338 Detail]

Download: California-2013-SB338-Amended.html

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BILL NUMBER: SB 338	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 14, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  JULY 3, 2013
	AMENDED IN SENATE  JUNE 19, 2013
	AMENDED IN SENATE  JUNE 12, 2013
	AMENDED IN SENATE  MAY 13, 2013

INTRODUCED BY   Senator Hill
   (Coauthors: Senators DeSaulnier and Yee)
   (Coauthors: Assembly Members Campos, Fong, Mullin, and Ting)

                        FEBRUARY 20, 2013

   An act to  add Section 5374.3 to the Public Utilities
Code, and to   amend Section 5373.1 of the Public
Utilities Code, and to  add  Section  
Sections 28062 and  34500.4 to the Vehicle Code, relating to
charter-party carriers of passengers, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 338, as amended, Hill. Charter-party carriers of passengers:
limousines: fire extinguishers.
   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   Passenger Charter-party Carriers' Act
places charter-party carriers of passengers, as defined, under 
the jurisdiction and control of the  commission under the
Passenger Charter-party Carriers' Act.   Public
Utilities Commission.  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.  Existing law requires the Department of the
California Highway Patrol to regulate the safe operation of motor
vehicles engaged in transportation for hire or compensation and to
inspect those vehicles to ensure that they have the required safety
equipment. A violation of these provisions is a crime.  

   The Passenger Charter-party Carriers' 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. A violation of these provisions is a
crime. 
   This bill would  require, 30 days after the effective date
of this act,   require  a limousine, as defined,
 that has been modified or extended for purposes of increasing
vehicle length and passenger capacity  to be equipped with 2
readily accessible and fully charged fire extinguishers, as
specified, and would  authorize the commission to require
compliance with these provisions as a condition of issuing or
renewing a certificate or permit.  require one fire
extinguisher to be securely mounted in the driver's compartment and
the other one to be accessible to the passengers. The bill would
require the driver or operator of the limousine to notify the
passengers of the location of each fire extinguisher prior to the
commencement of any trip.  The bill would also require, not
later than  January   July  1, 2015, the
Department of the California Highway Patrol to implement a regular
safety inspection program, as specified, of charter-party carriers of
passengers that operate limousines that have been modified or
extended for purposes of increasing vehicle length and passenger
capacity. The bill would require the department to adopt regulations
for this purpose. The bill would require the department to transmit
to the Public Utilities Commission inspection data of limousines
inspected pursuant to this program and would require  an
operator or owner   the original manufacturer or final
  -stage manufacturer  of a manufactured or aftermarket
limousine, as described, to certify  to the department 
that the vehicle meets all applicable federal and state motor vehicle
safety standards. The bill would also require the payment of an
inspection fee, as specified  , and would revise the inspection
fees for charter-party carrier bus terminal inspections  .
Because a violation of these provisions would be a crime, this bill
would impose a state-mandated local program.
   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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a)  Limousines   Vehicles operated by a
charter-party carrier    with a seating capacity of
more than 10 passengers have more robust safety protections,
including a requirement to be equipped with a fire extinguisher and
to undergo annual safety inspections by the Department of the
California Highway Patrol, than do limousines  that have been
modified or extended for purposes of increasing vehicle length and
passenger capacity  with a seating capacity of less than 10
passengers.
   (b) It is the intent of the Legislature to increase the safety of
passenger travel in limousines with a seating capacity of less than
10 passengers that have been modified or extended for purposes of
increasing vehicle length and passenger capacity by mandating annual
safety inspections and the installation of fire extinguishers in
those limousines.
   (c) It is the intent of the Legislature to provide authority to
the Department of the California Highway Patrol to develop
regulations to create an annual safety inspection program of
charter-party carriers that operate  limousine services.
  limousines that have been modified or extended for
purposes of increasing vehicle length and passenger capacity 
 .  
  SEC. 2.    Section 5374.3 is added to the Public
Utilities Code, to read:
   5374.3.  Beginning 30 days after the effective date of the act
that added this section, a limousine, as defined in subdivision (i)
of Section 5371.4, that has been modified or extended for purposes of
increasing vehicle length and passenger capacity shall be equipped
with two readily accessible and fully charged fire extinguishers
having at least 2A10BC 5lb rating and maintained in efficient
operating condition. One fire extinguisher shall be securely mounted
in the driver's compartment and one in the passenger cabin, each in a
conspicuous place or clearly marked area. The commission may require
compliance with this section as a condition of issuing or renewing a
certificate or permit pursuant to this chapter. 
   SEC.   2   .    Section  
5373.1 of the   Public Utilities Code   is amended
to read: 
   5373.1.  (a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing fee
as follows:
   (1) Class A certificates (new): one thousand five hundred dollars
($1,500).
   (2) Class A certificates (renewal): one hundred dollars ($100).
   (3) Class B certificates (new): one thousand dollars ($1,000).
   (4) Class B certificates (renewal): one hundred dollars ($100).
   (5) Class C certificates (new): one thousand dollars ($1,000).
   (6) Class C certificates (renewal): one hundred dollars ($100).
   (7) Permits (new): one thousand dollars ($1,000).
   (8) Permits (renewal): one hundred dollars ($100).
   (b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The  department shall adopt
regulations to establish an inspection  fee  shall be
fifteen   based on fleet size that   shall, at
a minimum, be twenty-five  dollars  ($15)  
($25)  per tour bus, as defined in Section 612 of the Vehicle
Code,  or   and no higher than seventy-five
dollars ($75) per tour bus up to  a maximum of six thousand five
hundred dollars ($6,500)  for each operating carrier.
  per fleet   . 
   (c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway  Patrol and to pay
  Patrol. The department shall adopt regulations to
establish  an annual fee of  fifteen  
twenty-five  dollars  ($15)   ($25) 
per tour bus,  or   and no higher than
seventy-five dollars ($75) per tour bus up to  a maximum of six
thousand five hundred dollars ($6,500)  per fleet  , to
offset the cost of the inspections.
   (d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund.
   SEC. 3.    Section 28062 is added to the  
Vehicle Code   , to read:  
   28062.  (a) A limousine, as defined in subdivision (i) of Section
5371.4 of the Public Utilities Code, that has been modified or
extended for purposes of increasing vehicle length and passenger
capacity shall be equipped with two readily accessible and fully
charged fire extinguishers having at least 2A10BC 5lb rating and
maintained in efficient operating condition. One fire extinguisher
shall be securely mounted in the driver's compartment and one shall
be accessible to the passengers.
   (b) The driver or operator of a limousine that has been modified
or extended for purposes of increasing vehicle length and passenger
capacity shall notify the passengers of the location of each fire
extinguisher prior to the commencement of any trip. 
   SEC. 3.   SEC. 4.   Section 34500.4 is
added to the Vehicle Code, to read:
   34500.4.  (a) The Department of the California Highway Patrol
shall have the authority to conduct annual safety inspections of all
limousines that have been modified or extended for purposes of
increasing vehicle length and passenger capacity and that are
operated pursuant to the Passenger Charter-party Carriers' Act
(Chapter 8 (commencing with Section 5351) of Division 2 of the Public
Utilities Code).
   (b) (1) Not later than  January   July 
1, 2015, the Department of the California Highway Patrol shall
implement an annual safety inspection program of charter-party
carriers of passengers who operate limousines as described in
subdivision (a) that includes, but is not limited to, the safe
operation of the vehicle, the installation of safety equipment, the
retention of  drivers'   maintenance  logs,
accident reports, records of driver discipline, compliance with
federal and state motor vehicle safety standards,  and
 the examination of a preventative maintenance program 
, and, if ownership of the limousine has been transferred, the
transmission of relevant safety and maintenance information of 
 the limousine  . The department shall adopt regulations for
this purpose and hold public hearings prior to the adoption of any
rule or regulation. 
   (2) (A) The department shall adopt regulations to establish an
inspection fee based on fleet size that shall, at a minimum, be
twenty-five dollars ($25) per vehicle and shall be no higher than
seventy-five dollars ($75) per vehicle.  
   (B) No fleet shall pay more than six thousand five hundred dollars
($6,500).  
   (C) The fee structure established pursuant to this subdivision
shall apply to limousines that have been modified or extended for
purposes of increasing vehicle length and passenger capacity that are
required to undergo a safety inspection pursuant to this section.
 
   (2) 
    (3)  The Department of the California Highway Patrol
shall transmit to the Public Utilities Commission inspection data of
limousines inspected pursuant to this program, as specified in the
program regulations.
   (c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered by
the department for buses pursuant to Division 14.8 (commencing with
Section 34500), and shall require  an operator or owner
  the original manufacturer or the final  
-stage manufacturer  of a manufactured or aftermarket limousine
that has been modified or extended for purposes of increasing vehicle
length and passenger capacity to certify to  the Public
Utilities Commission and  the department that the vehicle
meets all applicable federal and state motor vehicle safety
standards. 
   (d) A charter-party carrier of passengers that operates a
limousine, as defined in subdivision (i) of Section 5371.4 of the
Public Utilities Code, that has been modified or extended for
purposes of increasing vehicle length and passenger capacity, and
that is required to undergo an annual safety inspection conducted by
the department, shall pay a fee of twenty-five dollars ($25) per
limousine, or a maximum of six thousand five hundred dollars
($6,500), to offset the cost of the inspection. 
   SEC. 4.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
   SEC. 5.   SEC. 6.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure that limousines that have been modified or
extended for purposes of increasing vehicle length and passenger
capacity and that are operated in California are better equipped for
passenger safety at the earliest possible time, it is necessary for
this act to take effect immediately.