BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 338
          Author:   Hill (D), et al.
          Amended:  7/3/13
          Vote:     27 - Urgency


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  9-0, 6/18/13
          AYES:  DeSaulnier, Gaines, Beall, Galgiani, Hueso, Lara, Pavley,  
            Roth, Wyland
          NO VOTE RECORDED:  Cannella, Liu

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 7/1/13
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Steinberg
          NO VOTE RECORDED:  Padilla


           SUBJECT  :    Limousines

           SOURCE  :     Author


           DIGEST  :    This bill requires owners of limousines offered for  
          hire in California to equip their limousines with two fire  
          extinguishers, one in the drivers' compartment and one in the  
          passenger cabin, as specified.

           ANALYSIS  :    Charter-party carriers of passengers are businesses  
          that transport persons by motor vehicle for compensation over  
          the public highways of California.  Charter-party carriers are  
          principally charter bus and limousine companies.  By definition,  
          they are not taxicabs, transit vehicles, school transportation  
          vehicles, or other specified transportation services.   
          Typically, charter-party carriers of passengers offer their  
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          customers both a vehicle and driver to transport passengers on a  
          prearranged basis.

          To operate as a charter-party carrier, the carrier must obtain  
          from the Public Utilities Commission (PUC) a permit or  
          certificate, place identifying symbols or plates on its  
          vehicles, and acquire adequate liability insurance.  The  
          charter-party carrier must renew its permit or certificate every  
          three years.

          The PUC issues six different types of charter-party carrier  
          permits and certificates, depending on the type of vehicle  
          operated and types of transportation services offered.  Three of  
          these encompass limousines, of which there are about 12,500  
          licensed to operate for charter-party carrier businesses in this  
          state.  Limousines can be sedans or sport utility vehicles.

          Before the PUC can issue a permit or certificate, it must  
          require a business applying for or renewing the permit or  
          certificate to establish that it is reasonably fit and  
          financially responsible to conduct or continue to conduct  
          transportation services.  The PUC shall not issue or renew a  
          permit or certificate unless the charter-party carrier applicant  
          meets several requirements, including:

             A.   It is financially and organizationally capable of  
               operating its business so that it complies with rules and  
               regulations governing highway safety.

             B.   It has a preventative maintenance program in effect for  
               its vehicles, as prescribed in California Highway Patrol  
               regulations, and it will maintain its vehicles in safe  
               operating condition.

             C.   It regularly checks the driving records of and has in  
               effect a safety education and training program for all of  
               its drivers.

             D.   It provides for controlled substance and alcohol testing  
               of its drivers.

          This bill:

          1.Requires, 30 days after the effective date of this bill,  

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            limousines offered for hire to have at least two readily  
            accessible and fully charged fire extinguishers having a  
            specified rating and maintained in efficient operating  
            condition.

          2.Requires one fire extinguisher be securely mounted in the  
            drivers compartment and one in the passenger cabin.

          3.Requires the fire extinguishers be in a conspicuous place or  
            clearly marked area.

          4.Allows the PUC to require compliance with this bill as a  
            condition of issuing or renewing a certificate or permit of  
            operation.
           Comments
           
          The author introduced this bill in response to an incident that  
          occurred on May 5, 2013, in which a limousine caught fire while  
          traveling on the San Mateo-Hayward Bridge over the San Francisco  
          Bay.  That limousine was carrying nine passengers.  The driver  
          escaped unharmed and four of the passengers escaped through the  
          driver's partition.  The five other passengers died in the  
          blaze.  The author asserts that the limousine did not have a  
          fire extinguisher and introduced this bill to require limousines  
          for hire to have fire extinguishers on board for use in  
          situations such as this May 5th incident.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, one-time costs  
          of up to $140,000 from the PUC Transportation Reimbursement  
          Account (special) to develop regulations to require limousines  
          to be equipped with two fire extinguishers. 

           SUPPORT :   (Verified  7/1/13)

          California Professional Firefighters
          California State Sheriffs' Association

          JA:ej  7/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE


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