Amended in Assembly January 7, 2014

Amended in Assembly September 9, 2013

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 14, 2013

Amended in Senate May 28, 2013

Amended in Senate May 8, 2013

Amended in Senate April 15, 2013

Senate BillNo. 611


Introduced by Senator Hill

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(Principal coauthor: Senator Wolk)

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February 22, 2013


begin deleteAn act to amend Sections 15820.903 and 15820.913 of, and to add Section 15820.927 to, the Government Code, and to add Section 1978 to the Welfare and Institutions Code, relating to correctional facilities. end deletebegin insertAn act to add Sections 28062 and 34500.4 to the Vehicle Code, relating to charter-party carriers of passengersend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 611, as amended, Hill. begin deleteCorrectional facilities: bond financing. end deletebegin insertCharter-party carriers of passengers: limousines: fire extinguishers.end insert

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(1) The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the 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.

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This bill would require a limousine, as defined, that has been modified or extended by an original or final-stage manufacturer 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 require one fire extinguisher to be securely mounted in the driver’s compartment and at least 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.

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The bill would require the department, not later than July 1, 2015, to implement a safety inspection program, as specified, of charter-party carriers of passengers that operate limousines that have been modified or extended by an original or final-stage manufacturer for purposes of increasing vehicle length and passenger capacity. The bill would require the department to adopt emergency 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 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 department to adopt regulations to establish an inspection fee to be paid by a single charter-party carrier, as specified. The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund.

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Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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(2) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(1) Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections (BSCC). Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $445,771,000 and $774,229,000, in 2 phases, to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above.

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This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes in the first phase from $445,771,000 to $365,771,000 and increase the authorization of the 2nd phase from $774,229,000 to $854,229,000.

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(2) Existing law authorizes the Board of State and Community Corrections, the State Public Works Board, and a participating county to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and continuously appropriates the funds for those purposes.

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This bill would authorize the Board of State and Community Corrections to select the County of San Mateo for the grant of a conditional award, on the same basis as other counties under this program, even if the county has started working drawings, started construction phase activities, put the project out to bid, adopted performance criteria, created concept drawings, completed the design-build package, or put the project out for design-build solicitation. The bill would authorize the necessary approvals by the State Public Works Board and the Department of Finance to be given to the County of San Mateo project, if selected, even after specified phases of the project are complete.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.

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(3) Existing law authorizes the Department of Corrections and Rehabilitation, a participating county, and the board to acquire, design, renovate, or construct a local youthful offender rehabilitative facility, approved by the BSCC, or a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. Existing law authorizes the issuance of up to $300,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, renovation, or construction, and a reasonable construction reserve, of approved local youthful offender rehabilitative facilities.

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This bill would, in the event that a county that has been conditionally awarded financing later determines that participating with other counties in a shared regional facility would provide an improved solution to the county’s needs and the needs of other counties, authorize the county to apply to the BSCC for redirection of the conditional award to another county that will be the lead county for the regional facility, in conjunction with the original county and, potentially, other counties. The bill would authorize the board to redirect the conditional award, prior to any approval and establishment of the project, if certain determinations are made by the BSCC.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 28062 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

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3

begin insert28062.end insert  

(a) A limousine, as defined in subdivision (i) of Section
45371.4 of the Public Utilities Code, that has been modified or
5extended by an original or final-stage manufacturer for purposes
6of increasing vehicle length and passenger capacity shall be
7equipped with two readily accessible and fully charged fire
8extinguishers having at least 2A10BC 5lb rating and maintained
9in efficient operating condition. One fire extinguisher shall be
10securely mounted in the driver’s compartment and at least one
11shall be accessible to the passengers.

12(b) The driver or operator of a limousine that has been modified
13or extended by an original or final-stage manufacturer for purposes
14of increasing vehicle length and passenger capacity shall notify
15the passengers of the location of each fire extinguisher prior to
16the commencement of any trip.

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P5    1begin insert

begin insertSEC. 2.end insert  

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begin insertSection 34500.4 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

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2

begin insert34500.4.end insert  

(a) The Department of the California Highway Patrol
3shall have the authority to conduct safety inspections of all
4limousines that have been modified or extended by an original or
5final-stage manufacturer for purposes of increasing vehicle length
6and passenger capacity and that are operated pursuant to the
7Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
8with Section 5351) of Division 2 of the Public Utilities Code).

9(b) (1) Not later than July 1, 2015, the Department of the
10California Highway Patrol shall implement a safety inspection
11program of charter-party carriers of passengers who operate
12limousines as described in subdivision (a). The program shall
13include an inspection of these carriers regarding, but not limited
14 to, the safe operation of the vehicle, the installation of safety
15equipment, the retention of maintenance logs, accident reports,
16and records of driver discipline, compliance with federal and state
17motor vehicle safety standards, the examination of a preventative
18maintenance program, and, if ownership of the limousine has been
19transferred, the transmission of relevant safety and maintenance
20information of the limousine.

21(2) Pursuant to the safety inspection program, the department
22shall conduct an inspection of each charter-party carrier of
23passengers at least once every 13 months.

24(3) The department shall adopt emergency regulations for
25purposes of this subdivision. The adoption by the department of
26regulations implementing this section shall be deemed to be an
27emergency and necessary to avoid serious harm to the public
28peace, health, safety, or general welfare for purposes of Sections
2911346.1 and 11349.6 of the Government Code, and the department
30is hereby exempted from the requirement that it describe facts
31showing the need for immediate action to the Office of
32Administrative Law. The emergency regulations shall remain in
33effect for no more than one year, by which time final regulations
34shall be adopted.

35(4) (A) The department shall adopt regulations to establish an
36inspection fee applied to each limousine that has been modified
37or extended by an original or final-stage manufacturer for purposes
38of increasing vehicle length and passenger capacity, to be collected
39every 13 months, based on the number of vehicles described in
P6    1subdivision (a) operated by a single charter-party carrier that
2shall cover the actual cost to perform the inspections.

3(B) The fee structure established pursuant to this subdivision
4shall apply to limousines that have been modified or extended by
5an original or final-stage manufacturer for purposes of increasing
6vehicle length and passenger capacity that are required to undergo
7a safety inspection pursuant to this section.

8(C) The fee established pursuant to this subdivision shall be
9collected by the California Public Utilities Commission and
10deposited into the Motor Vehicle Account in the State
11Transportation Fund.

12(5) The Department of the California Highway Patrol shall
13transmit to the Public Utilities Commission inspection data of
14limousines inspected pursuant to this program, as specified in the
15program regulations.

16(c) Regulations adopted pursuant to this section shall be
17consistent with the established inspection program administered
18by the department for buses pursuant to Division 14.8 (commencing
19with Section 34500), and shall require the original manufacturer
20or the final-stage manufacturer of a manufactured or aftermarket
21limousine that has been modified or extended for purposes of
22increasing vehicle length and passenger capacity to certify to the
23department that the vehicle meets all applicable federal and state
24motor vehicle safety standards.

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25begin insert

begin insertSEC. 3.end insert  

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No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.

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34

SECTION 1.  

Section 15820.903 of the Government Code is
35amended to read:

36

15820.903.  

(a) The SPWB may issue up to three hundred
37sixty-five million seven hundred seventy-one thousand dollars
38($365,771,000) in revenue bonds, notes, or bond anticipation notes,
39pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
40(commencing with Section 15830) to finance the acquisition,
P7    1design, or construction, and a reasonable construction reserve, of
2approved local jail facilities described in Section 15820.901, and
3any additional amount authorized under Section 15849.6 to pay
4for the cost of financing.

5(b) Proceeds from the revenue bonds, notes, or bond anticipation
6notes may be utilized to reimburse a participating county for the
7costs of acquisition, preliminary plans, working drawings, and
8construction for approved projects.

9(c) Notwithstanding Section 13340, funds derived pursuant to
10this section and Section 15820.902 are continuously appropriated
11for purposes of this chapter.

12(d) This section shall become inoperative on June 30, 2017, and
13no project may be commenced after that date; however, projects
14that have already commenced by that date may be completed and
15financed with bonds issued pursuant to this chapter.

16

SEC. 2.  

Section 15820.913 of the Government Code is amended
17to read:

18

15820.913.  

(a) The SPWB may issue up to eight hundred
19fifty-four million two hundred twenty-nine thousand dollars
20($854,229,000) in revenue bonds, notes, or bond anticipation notes,
21pursuant to Chapter 5 of Part 10b of Division 3 of Title 2
22(commencing with Section 15830) to finance the acquisition,
23design, or construction, and a reasonable construction reserve, of
24approved local jail facilities described in Section 15820.911, and
25any additional amount authorized under Section 15849.6 to pay
26for the cost of financing.

27(b) Proceeds from the revenue bonds, notes, or bond anticipation
28notes may be used to reimburse a participating county for the costs
29of acquisition, preliminary plans, working drawings, and
30construction for approved projects.

31(c) Notwithstanding Section 13340, funds derived pursuant to
32this section and Section 15820.912 are continuously appropriated
33for purposes of this chapter.

34

SEC. 3.  

Section 15820.927 is added to the Government Code,
35to read:

36

15820.927.  

(a) Notwithstanding any other law, regulation, or
37a request-for-proposal issued pursuant to this chapter, the Board
38of State and Community Corrections may select the County of San
39Mateo for the grant of a conditional award, on the same basis as
40any other county selected for a conditional award under this
P8    1chapter, even if the county has started working drawings, started
2construction phase activities, put the project out to bid, adopted
3performance criteria, created concept drawings, completed the
4design-build package, or put the project out for design-build
5solicitation. The commencement of any of these activities shall
6not disqualify the County of San Mateo from eligibility for
7selection for a conditional award pursuant to this chapter.

8(b) (1) Notwithstanding Section 13332.11 or any other law,
9regulation, or request for proposal issued pursuant to this chapter,
10the approvals by the State Public Works Board and the Department
11of Finance required for the funding of a project in the County of
12San Mateo, if that project is selected for a conditional award
13pursuant to this section, including, but not limited to, approval of
14the plans and working drawings, may be given after the start of
15working drawings, after the start of construction phase activities,
16or after the project is put out for bid.

17(2) Notwithstanding Section 13332.19 or any other law,
18regulation, or request for proposal issued pursuant to this chapter,
19the approvals by the State Public Works Board and the Department
20of Finance required for the funding of a project in the County of
21San Mateo, if that project is selected for a conditional award
22pursuant to this section, including, but not limited to, approval of
23performance criteria, concept drawings, and the design-build bid
24package, may be given after the start of construction phase
25activities or after the project has been put out for design-build
26solicitation.

27(c) Other than as set forth in subdivision (d), a project that is
28approved under this section shall remain subject to the oversight
29of the State Public Works Board and Department of Finance to
30the same extent as any other project that receives funding under
31this chapter. A project that is approved under this section may be
32allocated funds for expenditures made after the State Public Works
33Board and the Department of Finance approve the project.

34

SEC. 4.  

Section 1978 is added to the Welfare and Institutions
35Code
, immediately following Section 1977, to read:

36

1978.  

In the event that a county that has been conditionally
37awarded financing, pursuant to this article, later determines that
38participating with other counties in a shared regional facility would
39provide an improved solution to the county’s needs and the needs
40of other counties, the original county may apply to the Board of
P9    1State and Community Corrections (BSCC) for redirection of the
2conditional award to another county that will be the lead county
3for the regional facility, in conjunction with the original county
4and, potentially, other counties. If the BSCC determines, based on
5findings submitted by the regional consortium of counties, that the
6redirection will result in cost savings, regional efficiencies,
7increased services, and improved outcomes, and that the design
8of the joint facility will enhance program delivery, health and
9mental health services, and the safety and security of minors, the
10BSCC may authorize the redirection of the conditional award.
11Redirection may only be considered prior to any approval or
12establishment of the project by the board.

13

SEC. 5.  

The Legislature finds and declares that a special law
14is necessary and that a general law cannot be made applicable
15within the meaning of Section 16 of Article IV of the California
16Constitution because of the unique position of the County of San
17Mateo to begin construction on a jail facility to help reduce the
18critical level of prison overcrowding.

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