BILL NUMBER: AB 626	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  MARCH 27, 2003

INTRODUCED BY   Assembly Member Liu

                        FEBRUARY 19, 2003

   An act to add Section 39800.5 to the Education Code, and to add
Section 10326.1 to the Public Contract Code, relating to 
state  motor vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 626, as amended, Liu.  State vehicles:  15-passenger vans.
   Existing law authorizes a governing board of a school district to
purchase or lease vehicles to provide transportation of pupils to and
from school. Existing law also authorizes the Department of General
Services or a state agency, as authorized by the Department of
General Services, to contract with suppliers to acquire goods and
services for state agencies.
   This bill makes legislative findings that 15-passenger vans are
unsafe and  declare   declares  the intent
of the Legislature that all school districts  and all state
agencies   , community colleges, and the California
State University  should be prohibited from acquiring
15-passenger vans.
   This bill would prohibit school districts  and state
agencies   , community colleges, and the California
State University,  from acquiring a 15-passenger van  , as
defined,  and would further require, beginning on and after
January 1, 2005, that those school districts  and state
agencies   , community colleges, and the California
State University  that already own a 15-passenger van on January
1, 2004, limit the operation of those vehicles to persons issued an
endorsement for the operation of those vehicles and holding a 
Class B  driver's license  or certificate of the
appropriate class  .
   The California Constitution authorizes the Regents of the
University of California to enter into public contracts.
   This bill would provide that the Legislature recommends that the
Regents of the University of California adopt rules and regulations
imposing upon the university the requirements contained in the bill.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares that the
National Transportation Safety Board has recently issued findings
that 15-passenger vans, because of their design, have an inordinately
high incidence of rollover crashes.
   (b) It is the intent of the Legislature that all school 
districts and all state agencies and departments, including 
 districts,  California Community  Colleges
  Colleges,  and the California State University,
should be prohibited from purchasing or leasing 15-passenger vans and
that all school  districts and all state agencies 
 districts, California Community Colleges, and campuses of the
California State University  that currently own 15-passenger
vans require that those vehicles may only be driven by a person
holding a commercial driver's license.
  SEC. 2.  Section 39800.5 is added to the Education Code, to read:
   39800.5.  (a) Notwithstanding any other provision of law, 
no   on and after January 1, 2004, a  school
district may  not  purchase, lease, or otherwise acquire a
15-passenger van.
   (b) Any school district that, on January 1, 2004, owns, leases, or
otherwise has possession or control of a 15-passenger van, may not,
on or after January 1, 2005, authorize the operation of that van
unless the person driving or otherwise operating that van has both of
the following:
   (1) A valid  driver's license or certificate of the
appropriate class,   Class B driver's license,  as
provided in Division 6 (commencing with Section 12500) of the Vehicle
Code, issued by the Department of Motor Vehicles.
   (2) An endorsement for operating a passenger transportation
vehicle, as provided in Article 6 (commencing with Section 15275) of
Chapter 7 of Division 6 of the Vehicle Code, issued by the Department
of Motor Vehicles.
   (c)  For   (1) Except as provided in
paragraph (2), for  purposes of this section, a "15-passenger
van" means any van manufactured to accommodate 15 passengers,
including the driver, regardless of whether that van has been altered
to accommodate fewer than 15  passengers or to serve as a
cargo van.  passengers.
   (2) For purposes of this section, a "15-passenger van" does not
mean a 15-passenger van with dual rear wheels that has a gross weight
rating equal to, or greater than, 11,500 pounds. 
  SEC. 3.  Section 10326.1 is added to the Public Contract Code, to
read:
   10326.1.  (a) Notwithstanding any other provision of law, 
no state agency or instrumentality of the state, including the
  on and after January 1, 2004,  California
Community Colleges and the California State  University, may
  University may not  purchase, lease, or otherwise
acquire a 15-passenger van.  
   (b) Any state agency or instrumentality of the state, including
the California Community Colleges and the California State 

   (b) A campus or a facility of a California Community College or a
campus or a facility of the California State  University, that,
on January 1, 2004, owns, leases, or otherwise has possession or
control of a 15-passenger van, may not, on or after January 1, 2005,
authorize the operation of that van unless the person driving or
otherwise operating that van has both of the following:
   (1) A valid  driver's license or certificate of the
appropriate class,   Class B driver's license,  as
provided in Division 6 (commencing with Section 12500) of the Vehicle
Code, issued by the Department of Motor Vehicles.
   (2) An endorsement for operating a passenger transportation
vehicle, as provided in Article 6 (commencing with Section 15275) of
Chapter 7 of Division 6 of the Vehicle Code, issued by the Department
of Motor Vehicles.
   (c)  For   (1) Except as provided in
paragraph (2), for  purposes of this section, a "15-passenger
van" means any van manufactured to accommodate 15 passengers,
including the driver, regardless of whether that van has been altered
to accommodate fewer than 15  passengers or to serve as a
cargo van.   passengers.
   (2) For purposes of this section, a "15-passenger van" does not
mean a 15-passenger van with dual rear wheels that has a gross weight
rating equal to, or greater than, 11,500 pounds. 
   (d) The Legislature recommends that the Regents of the University
of California adopt rules and regulations similar to the provisions
contained in this section.