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  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 add Section 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 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.
   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, a limousine, as defined, 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.  The bill would also require, not later than January 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 and would require an operator
or owner of a manufactured or aftermarket limousine, as described, to
certify 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.  Because a violation
of  this provision   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 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 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. 
   SECTION 1.   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.   3.    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) Not later than January 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' logs, accident reports,
records of driver discipline, compliance with federal and state motor
vehicle safety standards, and the examination of a preventative
maintenance program. The department shall adopt regulations for this
purpose and hold public hearings prior to the adoption of any rule or
regulation.
   (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 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. 2.   SEC. 4.   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. 3.   SEC. 5.   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  passengers of charter-party
carriers are protected with fire extinguishers  
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.