BILL NUMBER: SB 611 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Hill
( Principal coauthor:
Senator Wolk )
FEBRUARY 22, 2013
An 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. An act to add Sections 28062 and 34500.4
to the Vehicle Code, relating to charter-party carriers of passengers
.
LEGISLATIVE COUNSEL'S DIGEST
SB 611, as amended, Hill. Correctional facilities: bond
financing. Char ter-party carriers of
passengers: limousines: fire extinguishers.
(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.
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.
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.
Because a violation of these provisions would be a crime, this
bill would impose a state-mandated local program.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(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.
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.
(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.
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.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Mateo.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 by an original or final-stage manufacturer 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 at least one shall be accessible to
the passengers.
(b) The driver or operator of a limousine that has been modified
or extended by an original or final-stage manufacturer 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. 2. 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 safety inspections of all
limousines that have been modified or extended by an original or
final-stage manufacturer 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 July 1, 2015, the Department of the
California Highway Patrol shall implement a safety inspection program
of charter-party carriers of passengers who operate limousines as
described in subdivision (a). The program shall include an inspection
of these carriers regarding, but not limited to, the safe operation
of the vehicle, the installation of safety equipment, the retention
of maintenance logs, accident reports, and records of driver
discipline, compliance with federal and state motor vehicle safety
standards, 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.
(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each charter-party carrier of
passengers at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes
of this subdivision. The adoption by the department of regulations
implementing this section shall be deemed to be an emergency and
necessary to avoid serious harm to the public peace, health, safety,
or general welfare for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action to the Office of Administrative Law. The emergency regulations
shall remain in effect for no more than one year, by which time
final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an
inspection fee applied to each limousine that has been modified or
extended by an original or final-stage manufacturer for purposes of
increasing vehicle length and passenger capacity, to be collected
every 13 months, based on the number of vehicles described in
subdivision (a) operated by a single charter-party carrier that shall
cover the actual cost to perform the inspections.
(B) The fee structure established pursuant to this subdivision
shall apply to limousines that have been modified or extended by an
original or final-stage manufacturer for purposes of increasing
vehicle length and passenger capacity that are required to undergo a
safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be
collected by the California Public Utilities Commission and deposited
into the Motor Vehicle Account in the State Transportation Fund.
(5) 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 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 department that the
vehicle meets all applicable federal and state motor vehicle safety
standards.
SEC. 3. 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.
SECTION 1. Section 15820.903 of the Government
Code is amended to read:
15820.903. (a) The SPWB may issue up to three hundred sixty-five
million seven hundred seventy-one thousand dollars ($365,771,000) in
revenue bonds, notes, or bond anticipation notes, pursuant to Chapter
5 of Part 10b of Division 3 of Title 2 (commencing with Section
15830) to finance the acquisition, design, or construction, and a
reasonable construction reserve, of approved local jail facilities
described in Section 15820.901, and any additional amount authorized
under Section 15849.6 to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
(d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
SEC. 2. Section 15820.913 of the Government
Code is amended to read:
15820.913. (a) The SPWB may issue up to eight hundred fifty-four
million two hundred twenty-nine thousand dollars ($854,229,000) in
revenue bonds, notes, or bond anticipation notes, pursuant to Chapter
5 of Part 10b of Division 3 of Title 2 (commencing with Section
15830) to finance the acquisition, design, or construction, and a
reasonable construction reserve, of approved local jail facilities
described in Section 15820.911, and any additional amount authorized
under Section 15849.6 to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, preliminary plans, working drawings, and construction
for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.912 are continuously appropriated for
purposes of this chapter.
SEC. 3. Section 15820.927 is added to the
Government Code, to read:
15820.927. (a) Notwithstanding any other law, regulation, or a
request-for-proposal issued pursuant to this chapter, the Board of
State and Community Corrections may select the County of San Mateo
for the grant of a conditional award, on the same basis as any other
county selected for a conditional award under this chapter, 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 commencement of
any of these activities shall not disqualify the County of San Mateo
from eligibility for selection for a conditional award pursuant to
this chapter.
(b) (1) Notwithstanding Section 13332.11 or any other law,
regulation, or request for proposal issued pursuant to this chapter,
the approvals by the State Public Works Board and the Department of
Finance required for the funding of a project in the County of San
Mateo, if that project is selected for a conditional award pursuant
to this section, including, but not limited to, approval of the plans
and working drawings, may be given after the start of working
drawings, after the start of construction phase activities, or after
the project is put out for bid.
(2) Notwithstanding Section 13332.19 or any other law, regulation,
or request for proposal issued pursuant to this chapter, the
approvals by the State Public Works Board and the Department of
Finance required for the funding of a project in the County of San
Mateo, if that project is selected for a conditional award pursuant
to this section, including, but not limited to, approval of
performance criteria, concept drawings, and the design-build bid
package, may be given after the start of construction phase
activities or after the project has been put out for design-build
solicitation.
(c) Other than as set forth in subdivision (d), a project that is
approved under this section shall remain subject to the oversight of
the State Public Works Board and Department of Finance to the same
extent as any other project that receives funding under this chapter.
A project that is approved under this section may be allocated funds
for expenditures made after the State Public Works Board and the
Department of Finance approve the project.
SEC. 4. Section 1978 is added to the Welfare
and Institutions Code, immediately following Section 1977, to read:
1978. In the event that a county that has been conditionally
awarded financing, pursuant to this article, 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, the original county may apply to the Board of State
and Community Corrections (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. If the BSCC determines, based on findings submitted
by the regional consortium of counties, that the redirection will
result in cost savings, regional efficiencies, increased services,
and improved outcomes, and that the design of the joint facility will
enhance program delivery, health and mental health services, and the
safety and security of minors, the BSCC may authorize the
redirection of the conditional award. Redirection may only be
considered prior to any approval or establishment of the project by
the board.
SEC. 5. The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique position of the County
of San Mateo to begin construction on a jail facility to help reduce
the critical level of prison overcrowding.