Amended in Senate June 19, 2013

Amended in Senate June 12, 2013

Amended in Senate May 13, 2013

Senate Bill No. 338

Introduced by Senator Hill

(Coauthor: Senator Yee)

(Coauthors: Assembly Members Campos, Fong, Mullin, and Ting)

February 20, 2013

An act to amend Section 5374 of the Public Utilities 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: begin insert limousines: end insert 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 begin delete , end delete 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. The act prohibits the commission from issuing or renewing a permit unless the applicant has met specified requirements, including the requirement that it will maintain its vehicles used in transportation for compensation in a safe operating condition. A violation of these provisions is a crime.

This bill would require a charter-party carrier of passengers to equip each of its begin delete vehicles end delete begin insert limousines end insert with 2 readily accessible and fully charged fire extinguishers, as specified. Because a violation of this provision 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.  

Section 5374 of the Public Utilities Code is
amended to read:

5374.  

(a) (1) Before a permit or certificate is issued or
renewed, the commission shall require the applicant to establish
reasonable fitness and financial responsibility to initiate and
conduct or continue to conduct the proposed or existing
transportation services. The commission shall not issue or renew
a permit or certificate pursuant to this chapter unless the applicant
meets all of the following requirements:

(A) It is financially and organizationally capable of conducting
an operation that complies with the rules and regulations of the
Department of the California Highway Patrol governing highway
safety.

(B) It is committed to observing the hours of service regulations
of state and, where applicable, federal law, for all persons, whether
employees or subcarriers, operating vehicles in transportation for
compensation under the certificate.

(C) It has a preventive maintenance program in effect for its
vehicles used in transportation for compensation that conforms to
regulations of the Department of the California Highway Patrol
in Title 13 of the California Code of Regulations.

(D) It participates in a program to regularly check the driving
records of all persons, whether employees or subcarriers, operating
vehicles used in transportation for compensation.

(E) It has a safety education and training program in effect for
all employees or subcarriers operating vehicles used in
transportation for compensation.

(F) It will maintain its vehicles used in transportation for
compensation in a safe operating condition and in compliance with
the Vehicle Code and with regulations contained in Title 13 of the
California Code of Regulations relative to motor vehicle safety.

(G) It has equipped each of its vehicles begin insert , as defined in subdivision
(i) of Section 5371.4, end insert with two readily accessible and fully charged
fire extinguishers having at least a 2A10BC 5lb rating, maintained
in efficient operating condition, and securely mounted in the
driver’s compartment and in the vehicle’s trunk begin insert or luggage
compartment end insert in a conspicuous place or a clearly marked area in
each of those two locations.

(H) It has filed with the commission the certificate of workers’
compensation insurance coverage or statement required by Section
5378.1.

(I) It has provided the commission an address of an office or
terminal where documents supporting the factual matters specified
in the showing required by this subdivision may be inspected by
the commission and the Department of the California Highway
Patrol.

(J) It provides for a mandatory controlled substance and alcohol
testing certification program as adopted by the commission
pursuant to Section 1032.1.

(K) Subparagraphs (C), (F), and (I) do not apply to a
charter-party carrier of passengers engaged in the provision of a
hired driver service when a rented motor vehicle is being operated
by the hired driver.

(2) With respect to subparagraphs (B) and (F) of paragraph (1),
the commission may base a finding on a certification by the
commission that an applicant has filed, with the commission, a
sworn declaration of ability to comply and intent to comply.

(3) The commission may require, as a precondition to the
issuance of a permit or certificate, the procurement of a
performance bond sufficient to facilitate the collection of fines,
penalties, and restitution related to enforcement actions that can
be taken against the applicant.

(b) In addition to the requirements in subdivision (a),
charter-party carriers shall meet all other state and, where
applicable, federal regulations as prescribed.

(c) The commission may delegate to its executive director or
that executive director’s designee the authority to issue, renew, or
authorize the transfer of, charter-party carrier permits or certificates
and to make the findings specified in subdivision (a) that are
necessary to that delegated authority.

SEC. 2.  

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.  

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 at the earliest possible time, it is
necessary for this act to take effect immediately.