BILL NUMBER: SB 315	CHAPTERED
	BILL TEXT

	CHAPTER  594
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2003
	PASSED THE SENATE  SEPTEMBER 9, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  JULY 9, 2003
	AMENDED IN ASSEMBLY  JUNE 27, 2003
	AMENDED IN ASSEMBLY  JUNE 4, 2003
	AMENDED IN SENATE  MARCH 26, 2003

INTRODUCED BY   Committee on Transportation (Senators Murray (Chair),
Figueroa, Florez, Karnette, Perata, Scott, Soto, and Torlakson)

                        FEBRUARY 19, 2003

   An act to amend Section 5463 of the Business and Professions Code,
  to amend Section 20351 of the Public Contract Code, to amend
Sections 120050.2, 120051, 120051.6, and 120054 of, to add Section
120051.1 to, and to add Chapter 6 (commencing with Section 125700) to
Division 11.5 of, the Public Utilities Code, to amend Sections 10753
and 10753.7 of the Revenue and Taxation Code, to amend Sections
188.8 and 302 of the Streets and Highways Code, and to amend Sections
1651, 1800, 1810, 1810.7, 4456, 4466, 5068, 5101.2, 5200, 5201,
6700, 9101, 9107, 11204, 12814, 13370, 15210, 15250.7, 16000, 16021,
16370.5, 16431, 24609, and 27400 of, to add Section 11519 to, and to
repeal Sections 5004.6, 5070, 5071, 5071.1, 5073, and 5080 of, the
Vehicle Code, relating to transportation, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 315, Committee on Transportation.  Transportation.
   (1) Existing law requires the North San Diego County Transit
Development Board to award contracts for construction in excess of
$50,000 to the lowest responsible bidder after competitive bidding,
except in an emergency.
   This bill would make that requirement applicable to contracts in
excess of $10,000.
   (2) Existing law creates the San Diego Metropolitan Transit
Development Board and the North San Diego County Transit Development
Board with various responsibilities to operate and construct transit
systems in their service areas.  Existing law authorizes the San
Diego Metropolitan Transit Development Board to engage in various
financial transactions, including the issuance of revenue bonds and
the purchase of transit equipment with equipment trust certificates
and other financing mechanisms.
   This bill would enact similar provisions applicable to the North
San Diego County Transit Development Board.
   (3) Existing law provides for an appointed 15 member governing
body for the San Diego Metropolitan Transit Development Board in San
Diego County, one of whom shall be appointed by the San Diego County
Board of Supervisors to represent one of the 2 supervisorial
districts that has the greatest percentage of its area within the
jurisdiction of the transit development board.  Existing law provides
that the board is reduced to 14 members if the person elected
chairperson is also a board member.
   This bill would instead provide that if the chairperson is elected
from the membership of the board, the County of San Diego shall have
an additional member appointed by the San Diego County Board of
Supervisors and the board membership shall remain at 15 members.  The
bill would require that one of the 2 supervisorial district
representatives come from a district that has the greatest percentage
of its area within the incorporated area of San Diego County and the
other come from a district that has the greatest percentage of its
area within the unincorporated area of San Diego County under the
jurisdiction of the transit development board.
   (4) Existing law describes the area of the board by using city
names and specified census tracts contained in the 1980 decennial
census maps that are on file with the United States Department of
Commerce.
   This bill would delete the references to the census tracts and
would instead include all of the unincorporated area of San Diego
County except for that area included within the North San Diego
County Transit Development Board.
   (5) The Vehicle License Fee (VLF) Law establishes, in lieu of any
ad valorem property tax upon vehicles, an annual license fee for any
vehicle subject to registration in this state in the amount of 2% of
the market value of that vehicle, as specified.  The VLF Law requires
the Department of Motor Vehicles to determine the market value of a
vehicle, as specified, upon the first sale of a new vehicle to a
consumer and upon each sale of a used vehicle to a consumer for the
purpose of computing the vehicle license fee.  The VLF Law also
provides that if a commercial vehicle, as defined, is modified or
additions are made, as specified, at a cost of $2,000 or more, the
owner of that vehicle is required to report that modification or
addition to the department for the purposes of making the specified
computation.
   This bill would delete obsolete cross-references contained in
these provisions.
   (6) Existing law requires the California Transportation Commission
to program interregional and regional transportation capital
improvement projects through the State Transportation Improvement
Program process, consistent with estimated available funding.
Existing law requires regional improvement projects nominated by
regional agencies to be programmed by the commission pursuant to
certain formulas, known as the north-south split and county shares.
Existing law authorizes the commission, with the consent of the
Department of Transportation, to program projects in a region with a
population of not more than 1,000,000 at a level higher or lower than
a county share, in order to either build up a reserve for a larger
project or advance a future share to the present, with the amount of
the reserve or advance credited to or deducted from future
programming, as the case may be.
   This bill would extend the county share reservation or advance
process to any county with a population of not more than 1,000,000.
   (7) Existing law authorizes the California Transportation
Commission to relinquish to the City of Los Angeles a specified
portion of State Highway Route 2, upon terms and conditions the
commission finds to be in the best interests of the state.
   This bill would authorize the commission to relinquish to the City
of Beverly Hills a specified portion of State Highway Route 2, upon
those terms and conditions, and would require the City of Beverly
Hills to maintain within its jurisdiction certain directional signs.
The relinquishment would become effective immediately following the
county recorder's recordation of the relinquishment resolution
containing the commission's approval of the terms and conditions of
the relinquishment.  The portion of State Highway Route 2
relinquished as specified would cease to be a state highway on the
effective date of the relinquishment.
   (8) Existing law imposes weight fees on commercial vehicles,
subject to certain exceptions, with those fees to be deposited in the
State Highway Account and the Motor Vehicle Account.
   This bill would make nonsubstantive changes in an existing
exemption from weight fees for certain special transportation
vehicles.
   (9) Existing law requires an applicant for renewal of a traffic
violator school operator's license to pass an examination on traffic
laws, safe driving practices, operation of motor vehicles, teaching
methods and techniques, traffic violator school statutes and
regulations, and office procedures and recordkeeping.
   This bill would authorize the Department of Motor Vehicles to
accept evidence of continuing professional education, as defined, in
lieu of the examination.
   (10) Existing law prescribes certain restrictions on the issuance
by the Department of Motor Vehicles of a copy, duplicate, or
substitution of a certificate of title or license plate and requires
the registered owner to apply in person and present certain
documents.
   This bill would modify those restrictions by, among other things,
revising the documentation requirements and exempting certain
vehicles from those restrictions.
   The bill would allow the department to issue one or more license
plates to the registered owner or lessee and issue a certificate of
title only to the legal owner, or if none, the registered owner.
   (11) Existing law authorizes a person who is a firefighter or a
retired firefighter to apply for special license plates for the
person's vehicle.  The special license plates, which contain the
words "California Firefighter" and run in a regular numerical series,
are issued upon application to the Department of Motor Vehicles,
presentation of proof of certain facts, and payment of certain fees.
Except for fees charged for issuing the plates as environmental
license plates, all the revenues derived from the fees charged for
the plates, less costs incurred by the department in issuing the
plates, are required to be deposited in the California Firefighters'
Memorial Fund, prior to January 1, 2006, and in the California Fire
and Arson Training Fund, on and after January 1, 2006.
   This bill, instead, would require the specified fees to be
deposited exclusively in the California Firefighters' Memorial Fund.

   (12) Existing law requires the rear license plate on a vehicle to
be mounted not less than 12 inches nor more than 60 inches from the
ground, and the front license plate to be mounted not more than 60
inches from the ground, except as specified.
   This bill would authorize the rear license plate on a two-axle
livestock trailer to be mounted 12 inches or more, but not nor more
than 90 inches, from the ground.
   (13) Under existing law, when an application is made to the
Department of Motor Vehicles to register a vehicle reported as a
total loss salvage vehicle or for dismantling, the department is
required to inspect the vehicle, as specified, or to request that the
Department of the California Highway Patrol inspect the vehicle, as
specified.  Existing law also requires a person submitting those
vehicles for registration to have specified documents available.
   This bill would prohibit a vehicle that has been reported as a
total loss salvage vehicle or dismantled vehicle from being
subsequently registered until the prescribed bill of sale, an
appropriate application, official lamp and brake adjustment
certificates, as specified, other required documents and fees, and
specified pollution control information is submitted to the
Department of Motor Vehicles.  The bill would prohibit the Department
of Motor Vehicles from registering a vehicle that has been reported
as a total loss salvage vehicle or dismantled vehicle if the vehicle
has been referred to the Department of the California Highway Patrol,
or selected for inspection by that department, as specified, until
the applicant for registration submits to the Department of Motor
Vehicles a certification of that inspection.
   Because a violation of this provision would be a crime under other
provisions of existing law, the bill would impose a state-mandated
local program by expanding the scope of that crime.
   (14) Existing law specifies certain grounds for the Department of
Motor Vehicles to deny or revoke a certificate required to operate a
schoolbus, a school pupil activity bus, or various other specialty
vehicles.  Existing law allows a person to reapply for a certificate
no sooner than one year after a denial or revocation.
   This bill would allow a person to reapply for a certificate no
sooner than 45 days after denial or revocation in the case of failure
to meet prescribed testing requirements.
   (15) Existing law requires all drivers to have evidence of
financial responsibility with them at all times, and defines
"evidence of financial responsibility" for these purposes.
   This bill would make nonsubstantive changes to provisions defining
financial responsibility.
   (16) Existing law authorizes a vehicle to be equipped with white
or amber reflectors upon the front of the vehicle that are mounted
not lower than 15 inches nor higher than 60 inches.
   This bill would authorize a schoolbus to be equipped with a set of
2 devices, with each device in the set consisting of an amber
reflector integrated into the lens of an amber light that is
otherwise permitted under the Vehicle Code, if the set is mounted
with one device on the left side and one on the right side of the
vehicle, and with each device at the same level.
   (17) Existing law prohibits a person operating a motor vehicle or
bicycle from wearing a headset or earplugs in both ears except under
specified circumstances, including the wearing of personal hearing
protectors in the form of custom earplugs or molds designed to
attenuate injurious noise levels.
   This bill would revise these provisions.
   (18) This bill would make various other nonsubstantive changes in
existing law relating to vehicles.
   (19) This bill would extend, to June 30, 2006, the completion
dates for the Bass Lake Trail Environmental Enhancement and
Mitigation Project in the County of Madera and the Junior Seau
Complex Mitigation Project in the County of San Diego.  The bill
would reappropriate moneys to the Department of Transportation for
these projects.
   (20) This bill would incorporate additional changes to Section
5201 of the Vehicle Code proposed by AB 1303, to become operative
only if AB 1303 and this bill are both chaptered and become effective
on or before January 1, 2004, and this bill is chaptered last.
  (21) 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.
   Appropriation:  yes.


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


  SECTION 1.  Section 5463 of the Business and Professions Code is
amended to read:
   5463.  The director may revoke any license or permit for the
failure to comply with this chapter and may remove and destroy any
advertising display placed or maintained in violation of this
chapter after 30 days' written notice is forwarded by mail to the
permitholder at his or her last known address.  If no permit has been
issued, a copy of the notice shall be forwarded by mail to the
display owner, property owner, or advertiser at his or her last known
address.
   Notwithstanding any other provision of this chapter, the director
or any authorized employee may summarily and without notice remove
and destroy any advertising display placed in violation of this
chapter which is temporary in nature because of the materials of
which it is constructed or because of the nature of the copy thereon.

   For the purpose of removing or destroying any advertising display
placed in violation of this chapter, the director or the director's
authorized agent may enter upon private property.
  SEC. 2.  Section 20351 of the Public Contract Code is amended to
read:
   20351.  Contracts for the construction in excess of ten thousand
dollars ($10,000) shall be awarded to the lowest responsible bidder
after competitive bidding, except in an emergency declared by the
vote of two-thirds of the membership of the board.
  SEC. 3.  Section 120050.2 of the Public Utilities Code is amended
to read:
   120050.2.  The board consists of 15 members selected as follows:
   (a) One member of the County of San Diego Board of Supervisors,
appointed by the board of supervisors.
   (b) Four members of the City Council of the City of San Diego, one
of whom may be the mayor, appointed by the city council.
   (c) One member of each city council appointed individually by the
City Councils of the Cities of Chula Vista, Coronado, El Cajon,
Imperial Beach, La Mesa, Lemon Grove, National City, Poway, and
Santee.
   (d) One person, a resident of San Diego County, elected by a
two-thirds vote of the board, a quorum being present, who shall serve
as chairperson of the board.  The chairperson shall serve for a term
of four years, except that he or she is subject to removal at any
time by a two-thirds vote of the board, a quorum being present.  If
the person elected chairperson is also a member of the board, the
appointing power may not fill the vacancy created by the election of
that member as chairperson as long as that member remains chairperson
and, if removed as chairperson, that person shall resume the
position on the board he or she vacated upon election as chairperson.
  Section 120102.5 does not apply to any vote taken under this
subdivision.  Further, in the event that the chairperson is elected
from the membership of the board, the County of San Diego shall then
have two members appointed by the board of supervisors and the board
membership shall remain at 15.  In the event the subsequently elected
chairperson is not a member, the membership on the board of the
second appointee of the County of San Diego shall be suspended and
the board membership shall remain at 15.
  SEC. 4.  Section 120051 of the Public Utilities Code is amended to
read:
   120051.  The member of the board of supervisors appointed pursuant
to subdivision (a) of Section 120050.2 shall represent one of the
two supervisorial districts with the greatest percentage of its area
within the incorporated area of the County of San Diego within the
area under the jurisdiction of the transit development board as
defined in Section 120054.
  SEC. 5.  Section 120051.1 is added to the Public Utilities Code, to
read:
   120051.1.  The member of the board of supervisors appointed
pursuant to subdivision (d) of Section 120050.2 shall represent the
supervisorial district with the greatest percentage of its area
within the unincorporated area of the County of San Diego under the
jurisdiction of the transit development board as defined in Section
120054.
  SEC. 6.  Section 120051.6 of the Public Utilities Code is amended
to read:
   120051.6.  The alternate members of the board shall be appointed
as follows:
   (a) The County of San Diego Board of Supervisors shall appoint any
other county supervisor who qualifies for appointment pursuant to
Section 120051 to serve as an alternate member of the transit
development board.
   (b) The City Council of the City of San Diego shall appoint a
member of the city council not already appointed pursuant to
subdivision (b) of Section 120050.2 to serve as an alternate member
of the transit development board for each of the members appointed by
the city council to the transit development board.
   (c) The city councils specified in subdivision (c) of Section
120050.2 shall each individually appoint a member of their respective
city councils not already appointed pursuant to that subdivision to
serve as an alternate member of the transit development board.
   (d) If the board elects a person other than a member of the board
to serve as chairperson, the board may, upon a two-thirds vote, a
quorum being present, appoint a San Diego County resident as an
alternate member of the board for that person elected chairperson.
If the board elects a person who is a member of the board to serve as
chairperson, the County of San Diego shall appoint an alternate
supervisor for the supervisor appointed pursuant to subdivision (d)
of Section 120050.2.
  SEC. 7.  Section 120054 of the Public Utilities Code is amended to
read:
   120054.  The area of the board shall consist of all of the
following:
   (a) The Cities of Chula Vista, Coronado, El Cajon, Imperial Beach,
La Mesa, Lemon Grove, National City, Poway, San Diego, and Santee.
   (b) All of the unincorporated area of the County of San Diego,
except as otherwise included within the North San Diego County
Transit Development Board in Section 125052.
   (c) All the unincorporated area of the County of San Diego
surrounded by the cities specified in subdivisions (a) and (b).
  SEC. 8.  Chapter 6 (commencing with Section 125700) is added to
Division 11.5 of the Public Utilities Code, to read:

      CHAPTER 6.  BONDS AND OTHER EVIDENCES OF INDEBTEDNESS

   125700.  The board may issue bonds, payable from revenue of any
facility or enterprise to be acquired or constructed by the board, in
the manner provided by the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of
the Government Code), and all of the provisions of that law are
applicable to the board.
   125701.  The board is a local agency within the meaning of the
Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300)
of Part 1 of Division 2 of Title 5 of the Government Code).  The term
"enterprise," as used in the Revenue Bond Law of 1941, for all
purposes of this chapter, includes the transit system or any or all
transit facilities and all additions, extensions, and improvements
thereto authorized to be acquired, constructed, or completed by the
board.
   The board may issue revenue bonds under the Revenue Bond Law of
1941 for any one or more transit facilities authorized to be
acquired, constructed, or completed by the board or for transit
equipment described in Section 125702 authorized to be acquired by
the board or, in the alternative, the board may issue revenue bonds
under the Revenue Bond Law of 1941 for the acquisition, construction,
and completion of any one of those transit facilities or for transit
equipment described in Section 125702 authorized to be acquired by
the board.
   Nothing in this chapter prohibits the board from availing itself
of, or making use of, any procedure provided in this chapter for the
issuance of bonds of any type or character for any of the transit
facilities authorized hereunder, and all proceedings may be carried
on simultaneously or, in the alternative, as the board may determine.

   125702.  The board may purchase transit equipment such as cars,
trolley buses, motorbuses, light rail vehicles, or rolling equipment,
and may execute agreements, leases, and equipment trust certificates
in the forms customarily used by private corporations engaged in the
transit business appropriate to effect the purchase and leasing of
transit equipment, and may dispose of the equipment trust
certificates upon the terms and conditions that the board may deem
appropriate.
   Payment for transit equipment, or rentals therefor, may be made in
installments, and the deferred installments may be evidenced by
equipment trust certificates that are or will be legally available to
the board.  Title to the equipment may not vest in the board until
the equipment trust certificates are paid.
   125703.  The agreement to purchase or lease transit equipment may
direct the vendor or lessor to sell and assign or lease the transit
equipment to a bank or trust company duly authorized to transact
business in the state as trustee for the benefit and security of the
equipment trust certificates, and may direct the trustee to deliver
the transit equipment to one or more designated officers of the board
and may authorize the board to simultaneously therewith execute and
deliver an installment purchase agreement or a lease of that
equipment to the board.
   125704.  The agreements and leases shall be duly acknowledged
before a person authorized by law to take acknowledgments of deeds
and in the form required for acknowledgment of deeds.
   The agreements, leases, and equipment trust certificates shall be
authorized by resolution of the board and shall contain covenants,
conditions, and provisions that may be deemed necessary or
appropriate to insure the payment of the equipment trust certificates
from any legally available source or sources of funds as may be
specified in the certificates.
   125705.  The covenants, conditions, and provisions of the
agreements, leases, and equipment trust certificates may not conflict
with any trust agreement or similar document securing the payment of
bonds, notes, or certificates of the board.
   125706.  An executed copy of each agreement and lease shall be
filed in the office of the Secretary of State, for a fee of one
dollar ($1) for each copy filed.
   The filing constitutes notice to any subsequent judgment creditor
or any subsequent purchaser.
   125707.  The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code), the Improvement Bond
Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), and the Municipal Improvement Act of 1913
(Division 12 (commencing with Section 10000) of the Streets and
Highways Code), are applicable to the board.
   125708.  Chapter 1 (commencing with Section 99000) of Part 11 of
Division 10 is applicable to the board.
   125709.  The board shall be considered a "local agency," as
defined in subdivision (h) of Section 53317 of the Government Code,
and the provisions of Chapter 2.5 (commencing with Section 53311) of
Part 1 of Division 2 of Title 5 of the Government Code are applicable
to the board.
   125710.  The board shall be considered to be a "local agency" as
defined in subdivision (f) of Section 6585 of the Government Code,
and Article 4 (commencing with Section 6584) of Chapter 5 of Division
7 of Title 1 of the Government Code is applicable to the board.
   125711.  The board may borrow money in accordance with Article 7
(commencing with Section 53820), Article 7.6 (commencing with Section
53580), or Article 7.7 (commencing with Section 53859) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
   125712.  The board may borrow money in anticipation of the sale of
bonds that have been authorized to be issued, but that have not been
sold and delivered, and may issue negotiable bond anticipation notes
therefor, and may renew the bond anticipation notes from time to
time, but the maximum maturity of any bond application notes,
including the renewals thereof, may not exceed five years from the
date of delivery of the original bond anticipation notes.
   The bond anticipation notes may be paid from any money of the
board available therefor and not otherwise pledged.  If not
previously otherwise paid, the bond anticipation notes shall be paid
from the proceeds of the next sale of the bonds of the board in
anticipation of which they were issued.  The bond anticipation notes
may not be issued in any amount in excess of the aggregate amount of
bonds that the board has not been authorized to issue, less the
amount of any bonds of the authorized issue previously sold, and also
less the amount of other bond anticipation notes therefor issued and
then outstanding.
   The bond anticipation notes shall be issued and sold in the same
manner as the bonds.  The bond anticipation notes and the resolution
or resolutions authorizing them may contain any provisions,
conditions, or limitations that a resolution of the board authorizing
the issuance of bonds may contain.
   125713.  The board may issue negotiable promissory notes pursuant
to this section to acquire funds for any board purposes.  The
maturity of the promissory notes may not be later than five years
from the date thereof.  Those notes shall bear interest at a rate not
to exceed 12 percent per year.  Those notes shall be payable from
any source of revenue available to the board.
   125714.  The board may bring an action to determine the validity
of any of its bonds, equipment trust certificates, warrants, notes,
or other evidences of indebtedness pursuant to Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure.
   125715.  All bonds and other evidences of indebtedness issued by
the board under this chapter, and the interest thereon, are free and
exempt from all taxation within the state, except for transfer,
franchise, inheritance, and estate taxes.
   125716.  Notwithstanding any other provisions of this division or
of any other law, the provisions of all ordinances, resolutions, and
other proceedings in the issuance by the board of any bonds, bonds
with a pledge of revenues, bonds for any and all evidences of
indebtedness or liability constitute a contract between the board and
the holders of the bonds, equipment trust certificates, notes, or
evidences of indebtedness or liability, and the provisions thereof
are enforceable against the board or any or all of its successors or
assigns, by mandamus or any other appropriate suit, action, or
proceeding in law or in equity in any court of competent
jurisdiction.
   Nothing in this division or in any other law relieves the board or
the territory included within it from any bonded or other debt or
liability contracted by the board.  Upon dissolution of the board or
upon withdrawal of territory therefrom, that territory formerly
included within the board, or withdrawn therefrom, shall continue to
be liable for the payment of all bonded and other indebtedness or
liabilities outstanding at the time of the dissolution or withdrawal
as if the board had not been so dissolved or the territory withdrawn
therefrom, and it shall be the duty of the successors or assigns to
provide for the payment of the bonded and other indebtedness and
liabilities.
   Except as may be otherwise provided in the proceedings for the
authorization, issuance, and sale of any revenue bonds, bonds secured
by a pledge of revenues, or bonds for improvement districts secured
by a pledge of revenues, revenues of any kind or nature derived from
any revenue-producing improvements, works, facilities, or property
owned, operated, or controlled by the board shall be pledged,
charged, assigned, and have a lien thereon for the payment of the
bonds as long as they are outstanding, regardless of any change in
ownership, operation, or control of the revenue-producing
improvements, works, facilities, or property and it shall, in any
later event or events, be the duty of the successors or assigns to
continue to maintain and operate the revenue-producing improvements,
works, facilities, or property as long as bonds are outstanding.
  SEC. 9.  Section 10753 of the Revenue and Taxation Code is amended
to read:
   10753.  (a) Upon the first sale of a new vehicle to a consumer and
upon each sale of a used vehicle to a consumer, the department shall
determine the market value of the vehicle on the basis of the cost
price to the purchaser as evidenced by a certificate of cost, but not
including California sales or use tax or any local sales,
transactions, use, or other local tax.  "Cost price" includes the
value of any modifications made by the seller.
   (b) Notwithstanding subdivision (a), the department shall not
redetermine the market value of used vehicles, or modify the vehicle
license fee classification of used vehicles determined pursuant to
Section 10753.2, when the seller is the parent, grandparent, child,
grandchild, or spouse of the purchaser, and the seller is not engaged
in the business of selling vehicles subject to registration under
the Vehicle Code, or when a lessor, as defined in Section 372 of the
Vehicle Code, transfers title and registration of a vehicle to the
lessee at the expiration or termination of a lease.
   (c) (1) In the event that any commercial vehicle is modified or
additions are made to the chassis or body at a cost of two thousand
dollars ($2,000) or more, but not including any change of engine of
the same type or any cost of repairs to a commercial vehicle, the
owner of the commercial vehicle shall report any modification or
addition to the department and the department shall classify or
reclassify the commercial vehicle in its proper class as provided in
Section 10753.2, taking into consideration the increase in the market
value of the commercial vehicle due to those modifications or
additions, and any reclassification resulting in an increase in
market value shall be based on the cost to the consumer of those
modifications or additions.  In the event any vehicle is modified or
altered resulting in a decrease in the market value thereof of two
hundred dollars ($200) or more as reported to and determined by the
department, the department shall classify or reclassify the vehicle
in its proper class as provided in Section 10753.2.
   (2) Paragraph (1) does not apply under any of the following
conditions:
   (A) When the cost of any modification or addition to the chassis
or body of a commercial vehicle is less than two thousand dollars
($2,000).
   (B) When the cost is for modifications or additions necessary to
incorporate a system approved by the State Air Resources Board as
meeting the emission standards set forth in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975.
   (C) When the cost is for modifications that are necessary to
enable a disabled person to use or operate the vehicle.
   (3) For purposes of this subdivision, "commercial vehicle" means a
"commercial vehicle," as defined in Section 260 of the Vehicle Code,
that is regulated by the Department of the California Highway Patrol
pursuant to Sections 2813 and 34500 of the Vehicle Code.
   (d) This section also applies to a system as specified in
subdivision (c) that is approved by the State Air Resources Board as
meeting the emission standards specified in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975, for vehicles 6,001
pounds or less, manufacturer's gross vehicle weight, controlled to
meet exhaust emission standards when sold new, when that system is
used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or
less not controlled to meet exhaust emission standards.
   (e) The temporary attachment of any camper, as defined in Section
243 of the Vehicle Code, to a vehicle is not a modification or
addition for the purposes of subdivision (c).
   (f) The attachment to a vehicle of radiotelephone equipment
furnished by a telephone corporation, as defined in Section 234 of
the Public Utilities Code, is not a modification or addition for the
purpose of subdivision (c), when that equipment is not owned by the
owner of the vehicle.
   (g) For purposes of this section, "vehicle" does not include
trailers or semitrailers.
  SEC. 10.  Section 10753.7 of the Revenue and Taxation Code is
amended to read:
   10753.7.  (a) Upon the sale or transfer of ownership of a used
vehicle currently registered in this state, if any license fee due
thereon has already been paid, no adjustment of the current year
license fee shall be made.
   (b) Any adjustment of vehicle license fees, based upon a
redetermination of market value pursuant to subdivision (a) of
Section 10753 and modification of vehicle license fee classification
pursuant to Section 10753.2, shall occur upon the expiration of
current registration and shall be reflected in the fees due for the
first renewal of registration following the sale or transfer of
ownership of that used vehicle.
  SEC. 11.  Section 188.8 of the Streets and Highways Code is amended
to read:
   188.8.  (a) From the funds programmed pursuant to Section 188 for
regional improvement projects, the commission shall approve programs
and program amendments, so that funding is distributed to each county
of County Group No. 1 and in each county of County Group No. 2
during the county share periods commencing July 1, 1997, and ending
June 30, 2004, and each period of four years thereafter.  The amount
shall be computed as follows:
   (1) The commission shall compute, for the county share periods all
of the money to be expended for regional improvement projects in
County Groups Nos. 1 and 2, respectively, as provided in Section 188.

   (2) From the amount computed for County Group No. 1 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 1 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 1.
   (3) From the amount computed for County Group No. 2 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 2 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 2.
   (b) Notwithstanding subdivision (a), that portion of the county
population and state highway mileage in El Dorado and Placer Counties
that is included within the jurisdiction of the Tahoe Regional
Planning Agency shall be counted separately toward the area under the
jurisdiction of the Tahoe Regional Transportation Agency and may not
be included in El Dorado and Placer Counties.  The commission shall
approve programs, program amendments, and fund reservations for the
area under the jurisdiction of the Tahoe Regional Transportation
Agency that shall be calculated using the formula described in
paragraph (2) of subdivision (a).
   (c) A transportation planning agency designated pursuant to
Section 29532 of the Government Code, or a county transportation
commission created by Division 12 (commencing with Section 130000) of
the Public Utilities Code, may adopt a resolution to pool its county
share programming with any county or counties adopting similar
resolutions to consolidate its county shares for two consecutive
county share periods into a single share covering both periods.  A
multicounty transportation planning agency with a population of less
than three million may also adopt a resolution to pool the share of
any county or counties within its region.  The resolution shall
provide for pooling the county  share programming in any of the
pooling counties for the new single share period and shall be
submitted to the commission not later than May 1 immediately
preceding the commencement of the county share period.
   (d) For the purposes of this section, funds programmed shall
include the following costs pursuant to subdivision (b) of Section
14529 of the Government Code:
   (1) The amounts programmed or budgeted for both components of
project development in the original programmed year.
   (2) The amount programmed for right-of-way in the year programmed
in the most recent state transportation improvement program.  If the
final estimate is greater than 120 percent or less than 80 percent of
the amount originally programmed, the amount shall be adjusted for
final expenditure estimates at the time of right-of-way
certification.
   (3) The engineer's final estimate of project costs, including
construction engineering, presented to the commission for approval
pursuant to Section 14533 of the Government Code in the year
programmed in the most recent state transportation improvement
program.  If the construction contract award amount is less than 80
percent of the engineer's final estimate, excluding construction
engineering, the department shall notify the commission and the
commission may adjust its project allocation accordingly.
   (4) Project costs shown in the program, as amended, where project
allocations have not yet been approved by the commission, escalated
to the date of scheduled project delivery.
   (e) Project costs may not be changed to reflect any of the
following:
   (1) Differences that are within 20 percent of the amount
programmed for actual project development cost.
   (2) Actual right-of-way purchase costs.
   (3) Construction contract award amounts, except when those amounts
are less than 80 percent of the engineer's final estimate, excluding
construction engineering, and the commission has adjusted the
project construction allocation.
   (4) Changes in construction expenditures, except for supplemental
project allocations made by the commission.
   (f) For the purposes of this section, the population in each
county is that determined by the last preceding federal census, or a
subsequent census validated by the Population Research Unit of the
Department of Finance, at the beginning of each county share period.

   (g) For the purposes of this section, "state highway miles" means
the miles of state highways open to vehicular traffic at the
beginning of each county share period.
   (h) It is the intent of the Legislature that there is to be
flexibility in programming under this section and Section 188 so
that, while ensuring that each county will receive an equitable share
of state transportation improvement
            program funding, the types of projects selected and the
programs from which they are funded may vary from county to county.
   (i) Commencing with the four-year period commencing on July 1,
2004, individual county share shortfalls and surpluses at the end of
each four-year period, if any, shall be carried forward and credited
or debited to the following four years.
   (j) The commission, with the consent of the department, may
consider programming projects in the state transportation improvement
program in a county with a population of not more than 1,000,000 at
a level higher or lower than the county share, when the regional
agency either asks to reserve part or all of the county's share until
a future programming year, to build up a larger share for a higher
cost project, or asks to advance an amount of the share, in an amount
not to exceed 200 percent of the county's current share, for a
larger project, to be deducted from shares for future programming
years.  After consulting with the department, the commission may
adjust the level of programming in the regional program in the
affected region against the level of interregional programming in the
improvement program to accomplish the reservation or advancement,
for the current state transportation improvement program.  The
commission shall keep track of any resulting shortfalls or surpluses
in county shares.
   (k) Notwithstanding subdivision (a), in a region defined by
Section 66502 of the Government Code, the transportation planning
agency may adopt a resolution to pool the county share of any county
or counties within the region, if each county receives no less than
85 percent and not more than 115 percent of its county share for a
single county share period and 100 percent of its county share over
two consecutive county share periods.  The resolution shall be
submitted to the commission not later than May 1, immediately
preceding the commencement of the county share period.
   (l) Federal funds used for federal demonstration projects that use
federal obligational authority otherwise available for other
projects shall be subtracted from the county share of the county
where the project is located.
  SEC. 12.  Section 302 of the Streets and Highways Code is amended
to read:
   302.  (a) Route 2 is from:
   (1) The point where Santa Monica Boulevard crosses the city limits
of Santa Monica at Centinela Avenue to Route 101 in Los Angeles,
except the relinquished portions described in subdivision (b).
   (2) Route 101 in Los Angeles to Route 210 in La Canada-Flintridge
via Glendale.
   (3) Route 210 in La Canada-Flintridge to Route 138 via Wrightwood.

   (b) Notwithstanding subdivision (a), the relinquished former
portions of Route 2 within the city limits of West Hollywood and
Santa Monica, and between Route 405 and Moreno Drive in Los Angeles,
are not a state highway and are not eligible for adoption under
Section 81.  Those cities shall maintain signs within their
respective jurisdictions directing motorists to the continuation of
Route 2.
   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Beverly Hills the portion of Route 2 that
is located between the city's west city limit at Moreno Drive and the
city's east city limit at Doheny Drive, upon terms and conditions
the commission finds to be in the best interests of the state.
   (2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 2 relinquished under this subdivision
shall cease to be a state highway.
   (B) The portion of Route 2 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
   (4) For the portions of Route 2 that are relinquished, the City of
Beverly Hills shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 2.
  SEC. 13.  Section 1651 of the Vehicle Code is amended to read:
   1651.  (a) The director may adopt and enforce rules and
regulations as may be necessary to carry out the provisions of this
code relating to the department.
   (b) Rules and regulations shall be adopted, amended, or repealed
in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
  SEC. 14.  Section 1800 of the Vehicle Code is amended to read:
   1800.  (a) The department shall file each application received for
the registration of a vehicle and shall keep a record of each as
follows:
   (1) Under a distinctive registration number assigned to the
vehicle.
   (2) Alphabetically, under the name of the owner.
   (3) Under the motor or a permanent identifying number of the
vehicle as may be determined by the department.
   (4) In the discretion of the department, in any other manner it
may deem desirable.
   (b) The department shall file every application for a license to
operate a motor vehicle received by it and maintain all of the
following:
   (1) A suitable index containing, in alphabetical order, all
applications denied.  On the applications shall be noted the reasons
for the denial.
   (2) A suitable index containing, in alphabetical order, all
applications granted.
   (3) A suitable index containing, in alphabetical order, the name
of every licensee whose license has been suspended or revoked by the
department or by a court and after each name notes the reasons for
the action and the period of revocation or suspension.
  SEC. 15.  Section 1810 of the Vehicle Code is amended to read:
   1810.  (a) Except as provided in Sections 1806.5, 1808.2, 1808.4,
1808.5, 1808.6, 1808.7, 1808.8, and paragraph (2) of subdivision (a)
of Section 12800.5, the department may permit inspection of, or sell,
or both, information from its records concerning the registration of
any vehicle or information from the files of drivers' licenses at a
charge sufficient to pay at least the actual cost to the department
for providing the inspection or sale of the information, including,
but not limited to, costs incurred by the department in carrying out
subdivision (b), with the charge for the information to be determined
by the director.  This section does not apply to statistical
information of the type previously compiled and distributed by the
department.
   (b) (1) With respect to the inspection or sale of information
concerning the registration of any vehicle or of information from the
files of drivers' licenses, the department shall establish, by
regulation, administrative procedures under which any person making a
request for that information shall be required to identify himself
or herself and state the reason for making the request.  The
procedures shall provide for the verification of the name and address
of the person making a request for the information, and the
department may require the person to produce that information as it
determines is necessary to ensure that the name and address of the
person is the true name and address.  The procedures may provide for
a 10-day delay in the release of the requested information.  The
procedures shall also provide for notification to the person to whom
the information primarily relates, as to what information was
provided and to whom it was provided.  The department shall
establish, by regulation, a reasonable period of time for which a
record of all the foregoing shall be maintained.
   (2) The procedures required by this subdivision do not apply to
any governmental entity, any person who has applied for and has been
issued a requester code by the department, or any court of competent
jurisdiction.
   (c) With respect to the inspection or sale of information from the
files of drivers' licenses, the department may require both the full
name of the driver and either the driver's license number or date of
birth as identifying points of the record, except that the
department may disclose a record without two identifying points if
the department determines that the public interest in disclosure
outweighs the public interest in personal privacy.
   (d) With respect to the inspection or sale of information from the
files of drivers' licenses, certificates of ownership, and
registration cards, the department may not allow, for a fee or
otherwise, copying by the public.
  SEC. 16.  Section 1810.7 of the Vehicle Code is amended to read:
   1810.7.  (a) Except as provided in Sections 1806.5, 1808.2,
1808.4, 1808.5, 1808.6, 1808.7, and 1808.21, the department may
authorize, by special permit, any person to access the department's
electronic database, as provided for in this section, for the purpose
of obtaining information for commercial use.
   (b) The department may limit the number of permits issued under
this section, and may restrict, or establish priority for, access to
its files as the department deems necessary to avoid disruption of
its normal operations, or as the department deems is in the best
interest of the public.
   (c) The department may establish minimum volume levels, audit and
security standards, and technological requirements, or any terms and
conditions it deems necessary for the permits.
   (d) As a condition of issuing a permit under this section, the
department shall require each direct-access permittee to file a
performance bond or other financial security acceptable to the
department, in an amount the department deems appropriate.
   (e) The department shall charge fees for direct-access service
permits, and shall charge fees pursuant to Section  1810 for any
information copied from the files.
   (f) The department shall ensure that information provided under
this section includes only the public portions of records.
   (g) On and after January 1, 1992, the director shall report every
three years to the Legislature on the implementation of this section.
  The report shall include the number and location of direct-access
permittees, the volume and nature of direct-access inquiries,
procedures the department has taken to ensure the security of its
files, and the costs and revenues associated with the project.
   (h) The department shall establish procedures to ensure
confidentiality of any records of residence addresses and mailing
addresses as required by Sections 1808.21, 1808.22, 1808.45, 1808.46,
and 1810.2.
  SEC. 17.  Section 4456 of the Vehicle Code is amended to read:
   4456.  (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department.
The forms shall be used in accordance with the following terms and
conditions:
   (1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
   (2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle.  Penalties due for noncompliance with this
paragraph shall be paid by the dealer or lessor-retailer.  The dealer
or lessor-retailer may not charge the purchaser for the penalties.
   (3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:

   (A) Date of sale and report of sale number.
   (B) Purchaser's name and address.
   (C) Dealer's name, address, number, and signature or signature of
authorized agent.
   (D) Salesperson number.
   (4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
   (5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
   (6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
   (7) The dealer or lessor-retailer shall report the sale under
Section 5901.
   (b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department.  The completed
form shall contain, at a minimum, all of the following information:
   (A) The name and address of the seller.
   (B) The seller's dealer number, if applicable.
   (C) The date of delivery to the dealer conducting the auction.
   (D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
   (E) The name, address, and occupational license number of the
dealer conducting the auction.
   (F) The name, address, and occupational license number of the
buyer.
   (G) The signature of the dealer conducting the auction.
   (2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
   (3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
   (c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
   (1) The license plates and registration card are received by the
purchaser.
   (2) A six-month period, commencing with the date of sale of the
vehicle, has expired.
  SEC. 18.  Section 4466 of the Vehicle Code is amended to read:
   4466.  (a) The department may not issue a duplicate or substitute
certificate of title or license plate if, after a search of the
records of the department, the registered owner's address, as
submitted on the application, is different from that which appears in
the records of the department, unless the registered owner applies
in person and presents all of the following:
   (1) Proof of ownership of the vehicle that is acceptable to the
department.  Proof of ownership may be the certificate of title,
registration certificate, or registration renewal notice, or a
facsimile of any of those documents, if the facsimile matches the
vehicle record of the department.
   (2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6.  The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
   (A) If the registered owner is a resident of another state or
country, the registered owner shall present a driver's license or
identification card issued by that state or country.  In addition,
the registered owner shall provide photo documentation in the form of
a valid passport, military identification card, identification card
issued by a state or United States government agency, student
identification card issued by a college or university, or
identification card issued by a California-based employer.  If a
resident of another state is unable to present the required photo
identification, the department shall verify the authenticity of the
driver's license or identification card by contacting the state that
issued the driver's license or identification card.
   (B) If the registered owner is not an individual, the person
submitting the application shall submit the photo identification
required under this paragraph, as well as documentation acceptable to
the department that demonstrates that the person is employed by an
officer of the registered owner.
   (3) If the application is for the purpose of replacing a license
plate that was stolen, a copy of a police report identifying the
plate as stolen.
   (4) If the application is for the purpose of replacing a
certificate of title or license plate that was mutilated or
destroyed, the remnants of the mutilated or destroyed document or
plate.
   (5) If the department has a record of a prior issuance of a
duplicate or substitute certificate of title or license plate for the
vehicle within the past 90 days, a copy of a report from the
Department of the California Highway Patrol verifying the vehicle
identification number of the vehicle.
   (b) Subdivision (a) does not apply if any of the following apply:

   (1) The registered owner's name, address, and driver's license or
identification card number submitted on the application match the
name, address, and driver's license or identification card number
contained in the department's records.
   (2) An application for a duplicate or substitute certificate of
title or license plate is submitted by or through a legal owner, if
the legal owner is not the same as the registered owner or as the
lessee under Section 4453.5, a dealer, a dismantler, an insurer, an
agent of the insurer, or a salvage pool.
   (3) The vehicle is registered under the International Registration
Plan pursuant to Section 8052 or under the Permanent Fleet
Registration program pursuant to Article 9.5 (commencing with Section
5301) of Chapter 1.
   (4) The vehicle is an implement of husbandry, as defined in
Section 36000, or a tow dolly, or has been issued an identification
plate under Section 5014 or 5014.1.
   (c) The department shall issue one or more license plates only to
the registered owner or lessee.  The department shall issue the
certificate of title only to the legal owner, or if none, then to the
registered owner, as shown on the department's records.
  SEC. 19.  Section 5004.6 of the Vehicle Code is repealed.
  SEC. 20.  Section 5068 of the Vehicle Code is amended to read:
   5068.  (a) (1) Any veterans' organization may apply either
individually or with other veterans' organizations to meet the
application threshold set forth in Section 5060 for special interest
plates.  An organization that meets the minimum application
requirement by applying with other organizations under this
subdivision shall be issued a regular license plate bearing a
distinctive design or decal approved under subdivision (a) of Section
5060.
   (2) Special interest plates issued under this section may be
issued in a combination of numbers or letters, or both, requested by
the owner or lessee of the vehicle, to be displayed in addition to
the design or decal authorized under paragraph (1), subject to
Section 5105.
   (b) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following fees shall be paid by individuals applying for a veterans'
organization special interest license plate or decal:
   (1) Thirty dollars ($30) for the initial issuance of the plates
and decals.  The plates shall be permanent and may not be required to
be replaced.
   (2) Thirty dollars ($30) for each renewal of registration that
includes the continued display of the plates or decals.
   (3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
   (4) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.
   (5) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.
   (6) Forty dollars ($40) for the personalization of the plates, as
authorized under paragraph (2) of subdivision (a).
   (c) This section shall become operative on July 1, 2002.
  SEC. 21.  Section 5070 of the Vehicle Code is repealed.
  SEC. 22.  Section 5071 of the Vehicle Code is repealed.
  SEC. 23.  Section 5071.1 of the Vehicle Code is repealed.
  SEC. 24.  Section 5073 of the Vehicle Code is repealed.
  SEC. 25.  Section 5080 of the Vehicle Code is repealed.
  SEC. 26.  Section 5101.2 of the Vehicle Code is amended to read:
   5101.2.  (a)  A person otherwise eligible under this article who
is a firefighter or a retired firefighter may apply for special
license plates for a vehicle under this article.   License plates
issued pursuant to this section shall be issued in accordance with
Section 5060.
   (b) The applicant, by satisfactory proof, shall show all of the
following:
   (1) The applicant is, or has retired, in good standing as an
officer, an employee, or a member of a fire department or a fire
service of the state, a county, a city, a district, or any other
political subdivision of the state, whether in a volunteer, partly
paid, or fully paid status.
   (2) The applicant is, or was until retirement, regularly employed
as a firefighter or regularly enrolled as a volunteer firefighter.
   (3) The applicant's principal duties fall, or fell until
retirement, within the scope of active firefighting and any of the
following activities:
   (A) Fire prevention service.
   (B) Fire training.
   (C) Hazardous materials abatement.
   (D) Arson investigation.
   (E) Emergency medical services.
   (c) The special license plates issued under this section shall
contain the words "California Firefighter" and shall run in a regular
numerical series.
   (d) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following special license plate fees shall be paid:
   (1) A fee of thirty-five dollars ($35) for the initial issuance of
the special license plates.  These special license plates shall be
permanent and shall not be required to be replaced.
   (2) A fee of twenty dollars ($20) for each renewal of registration
that includes the continued display of the special license plates.
   (3) If the special license plates become damaged or unserviceable,
a fee of thirty-five dollars ($35) for the replacement of the
special license plates, obtained from the department upon proper
application therefor.
   (4) A fee of fifteen dollars ($15) for the transfer of the special
license plates to another vehicle qualifying as a vehicle owned by a
firefighter who has met the requirements set forth in subdivision
(b).
   (5) In addition, for the issuance of environmental license plates,
as defined in Section 5103, with the special firefighter personal
vehicle license plates and distinctive design or decal, the
additional fees prescribed in Sections 5106 and 5108.  The additional
fees collected pursuant to this paragraph shall be deposited in the
California Environmental License Plate Fund.
   (e) Upon the death of a person issued special license plates
pursuant to this section, the plates shall be transferred to the
surviving spouse, if he or she requests, or shall be returned to the
department within 60 days after the death of the plateholder or upon
the expiration of the vehicle registration, whichever occurs first.
   (f)  Except as provided in paragraph (5) of subdivision (d), the
revenues derived from the additional special fees provided in this
section, less costs incurred by the department pursuant to this
section, shall be deposited in the California Firefighters' Memorial
Fund established by Section 18802 of the Revenue and Taxation Code.

  SEC. 27.  Section 5200 of the Vehicle Code is amended to read:
   5200.  (a) When two license plates are issued by the department
for use upon a vehicle, they shall be attached to the vehicle for
which they were issued, one in the front and the other in the rear.
   (b) When only one license plate is issued for use upon a vehicle,
it shall be attached to the rear thereof, unless the license plate is
issued for use upon a truck tractor, in which case the license plate
shall be displayed in accordance with Section 4850.5.
  SEC. 28.  Section 5201 of the Vehicle Code is amended to read:
   5201.  License plates shall at all times be securely fastened to
the vehicle for which they are issued so as to prevent the plates
from swinging, and shall be mounted in a position so as to be clearly
visible, and shall be maintained in a condition so as to be clearly
legible.  The rear license plate shall be mounted not less than 12
inches nor more than 60 inches from the ground, and the front license
plate shall be mounted not more than 60 inches from the ground,
except as follows:
   (a) The rear license plate on a tow truck may be mounted on the
left-hand side of the mast assembly at the rear of the cab of the
vehicle, not less than 12 inches nor more than 90 inches from the
ground.
   (b) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
   (c) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
   (d) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by any person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.

     (e) The rear license plate on a two-axle livestock trailer may
be mounted 12 inches or more, but not more than 90 inches, from the
ground.
   (f) No covering may be used on license plates except as follows:
   (1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision.  Any peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
   (2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs.  No portion of a license plate
security cover shall rest over the license plate number.
   (g) No casing, shield, frame, border, or other device that
obstructs or impairs the reading or recognition of a license plate by
a remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall be installed on, or
affixed to, a vehicle.
  SEC. 29.  Section 5201 of the Vehicle Code is amended to read:
   5201.  License plates shall at all times be securely fastened to
the vehicle for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, and shall be maintained in a condition so as to be clearly
legible.  The rear license plate shall be mounted not less than 12
inches nor more than 60 inches from the ground, and the front license
plate shall be mounted not more than 60 inches from the ground,
except as follows:
   (a) The rear license plate on a tow truck may be mounted on the
left-hand side of the mast assembly at the rear of the cab of the
vehicle, not less than 12 inches nor more than 90 inches from the
ground.
   (b) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
   (c) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
   (d) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by any person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
   (e) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
   (f) No covering may be used on license plates except as follows:
   (1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision.  Any peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
   (2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs.  No portion of a license plate
security cover shall rest over the license plate number.
   (g) No casing, shield, frame, border, or other device that
obstructs or impairs the reading or recognition of a license plate by
a remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall be installed on, or
affixed to, a vehicle.
   (h) (1) It is the Legislature's intent that an accommodation be
made to persons with disabilities and to those persons who regularly
transport persons with disabilities, to allow the removal and
relocation of wheelchair lifts and wheelchair carriers without the
necessity of removing and reattaching the vehicle's rear license
plate.  Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
   (A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007 or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
   (B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
   (ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
   (2) Notwithstanding any other provision of law, if a decal is
displayed pursuant to this subdivision, the requirements of this code
that require the illumination of the license plate and the license
plate number do not apply.
   (3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
   (4) This subdivision does not apply to a front license plate.
  SEC. 30.  Section 6700 of the Vehicle Code is amended to read:
   6700.  (a) Except as provided in Section 6700.2, the owner of any
vehicle of a type otherwise subject to registration under this code,
other than a commercial vehicle registered in a foreign jurisdiction,
may operate the vehicle in this state until gainful employment is
accepted in this state or until residency is established in this
state, whichever occurs first, if the vehicle displays valid license
plates and has a valid registration issued to the owner, and the
owner was a resident of that state at the time of issuance.
Application to register the vehicle shall be made within 20 days
after gainful employment is accepted in this state or residency is
established in this state.
   (b) A nonresident owner of a vehicle, otherwise exempt from
registration pursuant to this section or Section 6700.2, may operate
or permit operation of the vehicle in this state without registering
the vehicle in this state if the vehicle is registered in the place
of residence of the owner and displays upon it valid license plates
issued by that place.  This exemption does not apply if the
nonresident owner rents, leases, lends, or otherwise furnishes the
vehicle to a California resident for regular use on the highways of
this state, as defined in subdivision (b) of Section 4000.4.
   (c) Any resident who operates upon a highway of this state a
vehicle owned by a nonresident who furnished the vehicle to the
resident operator for his or her regular use within this state, as
defined in subdivision (b) of Section 4000.4, shall cause the vehicle
to be registered in California within 20 days after its first
operation within this state by the resident.
  SEC. 31.  Section 9101 of the Vehicle Code is amended to read:
   9101.  No fees specified in this code, except fees not exempted
under Section 9103, need be paid for any vehicle operated by the
state, or by any county, city, district, or political subdivision of
the state, or the United States, as lessee under a lease, lease-sale,
or rental-purchase agreement that grants possession of the vehicle
to the lessee for a period of 30 consecutive days or more.
  SEC. 32.  Section 9107 of the Vehicle Code is amended to read:
   9107.  The weight fees for commercial vehicles specified in
Sections 9400 and 9400.1 do not apply to any of the following:
   (a) A vehicle operated by a passenger stage corporation, as
defined in Section 226 of the Public Utilities Code, that is subject
to the jurisdiction of the Public Utilities Commission, if all of the
following conditions are met:
   (1) The vehicle is operated exclusively on any line or lines
having a one-way route mileage not exceeding 15 miles, and each of
those lines is operated in either of the following areas:
   (A) In urban or suburban areas or between cities in close
proximity.
   (B) Between nonadjacent urban or suburban areas or cities, the
area between which is substantially residential, commercial, or
industrial as distinguished from rural.
   (2) The principal business of the passenger stage corporation is
the operation of vehicles on a route or routes as defined in
paragraph (1).
   (b) A vehicle operated exclusively on any line or lines within the
limits of a single city by a person engaged as a common carrier of
passengers between fixed termini or over a regular route, 98 percent
of whose operations, as measured by total route mileage operated, are
exclusively within the limits of a single city, and who by reason
thereof is not a passenger stage corporation subject to the
jurisdiction of the Public Utilities Commission.
   (c) Vanpool vehicles.
   (d) A vehicle purchased with federal funds under the authority of
paragraph (2) of subsection (a) of Section 5310 of Title 49 of the
United States Code or Chapter 35 (commencing with Section 3001) of
Title 42 of the United States Code for the purpose of providing
specialized transportation services to senior citizens and
handicapped persons by public and private nonprofit operators of
specialized transportation service agencies.
   (e) A vehicle operated solely for the purpose of providing
specialized transportation services to senior citizens and persons
with disabilities, by a nonprofit, public benefit consolidated
transportation service agency designated under Section 15975 of the
Government Code.
  SEC. 33.  Section 11204 of the Vehicle Code is amended to read:
   11204.  (a) The department shall issue a license certificate to
each traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter.  The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department.  The license shall
be renewed annually.  The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner.  The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
   (b) (1) In lieu of the examination required by Section 11202.5 for
renewal of the license of a traffic violator school operator, the
department may accept submission of evidence by the licensee of
continuing professional education.
   (2) "Professional education," as used in paragraph (1), means the
satisfactory completion of courses acceptable to the department
related to traffic safety, teaching techniques, or the teaching of
driver instruction, or the participation in professional seminars
approved by the department.
   (c) Whenever in its judgment the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the conduct of the
traffic violator school.  The conditions to be attached to the
license shall be any that may, in the judgment of the department, be
in the public interest and suitable to the qualifications of the
applicant as disclosed by the application and investigation by the
department of the information contained therein.  The conditions may
not appear on the license certificate.
   (d) Upon notification of the death of a traffic violator school
licensee, the department may issue a temporary license to the
executor or administrator of the estate of a deceased holder of a
validly outstanding license to conduct a traffic violator school, or
if no executor or administrator has been appointed and until a
certified copy of an order making an appointment is filed with the
department, a temporary license may be issued to the surviving spouse
or other heir entitled to conduct the business of the deceased.  The
temporary license shall permit  the holder to conduct the traffic
violator school for a period of one year from and after the date of
the original licensee's death, and necessary one-year extensions may
be granted to permit disposal of the business and qualification for a
license of a purchaser of the business or the surviving spouse or
heir.  The department may restrict or condition a temporary license
and attach to the exercise of the privilege thereunder any terms and
conditions that in the department's judgment are required for the
protection of the public.
  SEC. 34.  Section 11519 is added to the Vehicle Code, to read:
   11519.  (a) A vehicle that has been reported as a total loss
salvage vehicle or dismantled vehicle may not be subsequently
registered until there is submitted to the department all of the
following:
   (1) The prescribed bill of sale.
   (2) An appropriate application.
   (3) Official lamp and brake adjustment certificates issued by an
official lamp and brake adjusting station licensed by the Director of
Consumer Affairs, except that a fleet owner of motor trucks of three
or more axles that are more than 6,000 pounds unladen weight, and a
fleet owner of truck tractors, may instead submit an official lamp
and brake certification for his or her rebuilt vehicle if the fleet
owner operates an inspection and maintenance station licensed by the
commissioner under subdivision (b) of Section 2525.
   (4) With respect to a motor vehicle subject to Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code, a
valid certificate of compliance from a licensed motor vehicle
pollution control device installation and inspection station
indicating that the vehicle is properly equipped with a motor vehicle
pollution control device that is in proper operating condition and
is in compliance with Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code.
   (5) Any other documents or fees required under law.
   (b) The department may not register a vehicle that has been
referred to the Department of the California Highway Patrol under
subdivision (b) of Section 5505 or that has been selected for
inspection by that department under subdivision (c) of that section,
until the applicant for registration submits to the department a
certification of inspection issued by the Department of the
California Highway Patrol and all of the documents required under
subdivision (a).
  SEC. 35.  Section 12814 of the Vehicle Code, as amended by Section
10 of Chapter 985 of the Statutes of 2000, is amended to read:
   12814.  (a) Application for renewal of a license shall be made at
an office of the department by the person to whom the license was
issued.  The department, in its discretion, may require an
examination of the applicant as upon an original application, or an
examination deemed by the department to be appropriate considering
the licensee's record of convictions and accidents, or an examination
deemed by the department to be appropriate in relation to evidence
of a condition that may affect the ability of the applicant to safely
operate a motor vehicle.  The age of a licensee, by itself, may not
constitute evidence of a condition requiring an examination of the
driving ability.  If the department finds any evidence of a condition
requiring an examination, the department shall disclose the evidence
to the applicant or licensee.  If the person is absent from the
state at the time the license expires, the director may extend the
license for a period of one year from the expiration date of the
license.
   (b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
   (c) The department may adopt and administer regulations it deems
necessary for the public safety in the implementation of a program of
selective testing of applicants, and, with reference to this
section, the department may waive tests for purposes of evaluation of
selective testing procedures.
   (d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 36.  Section 12814 of the Vehicle Code, as added by Section 11
of Chapter 985 of the Statutes of 2000, is amended to read:
   12814.  (a) Application for renewal of a license shall be made at
an office of the department by the person to whom the license was
issued.  The department may in its discretion require an examination
of the applicant as upon an original application, or an examination
deemed by the department to be appropriate considering the licensee's
record of convictions and accidents, or an examination deemed by the
department to be appropriate in relation to evidence of a condition
which may affect the ability of the applicant to safely operate a
motor vehicle.  The age of a licensee, by itself, may not constitute
evidence of a condition requiring an examination of the driving
ability.  If the department finds any evidence, the department shall
disclose the evidence to the applicant or licensee.  If the person is
absent from the state at the time the license expires, the director
may extend the license for a period of one year from the expiration
date of the license.
   (b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
   (c) The department may adopt and administer those regulations as
shall be deemed necessary for the public safety in the implementation
of a program of selective testing of applicants, and, with reference
to this section, the department may waive tests for purposes of
evaluation of selective testing procedures.
   (d) This section shall become operative on January 1, 2011.
  SEC. 37.  Section 13370 of the Vehicle Code is amended to read:
   13370.  (a) The department shall deny or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, youth
bus driver certificate, or a certificate for a vehicle used for the
transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
   (1) Has been convicted of any sex offense as defined in Section
44010 of the Education Code.
   (2) Has been convicted, within the two years preceding the
application date, of any offense specified in Section 11361.5 of the
Health and Safety Code.
   (3) Has failed to meet prescribed training requirements for
certificate issuance.
   (4) Has failed to meet prescribed testing requirements for
certificate issuance.
   (b) The department may deny, suspend, or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, or
youth bus driver certificate, or a certificate for a vehicle used for
the transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
   (1) Has been convicted of any crime specified in Section 44424 of
the Education Code within the seven years preceding the application
date.  This paragraph does not apply if denial is mandatory.
   (2) Has committed any act involving moral turpitude.
   (3) Has been convicted of any offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within the seven years preceding the application date.
   (4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
   (5) Has been convicted, within the seven years preceding the
application date, of any offense relating to the use, sale,
possession, or transportation of narcotics, habit-forming drugs, or
dangerous drugs, except as provided in paragraph (3) of subdivision
(a).
   (c) (1) Reapplication following denial or revocation under
paragraph (1), (2), or (3) of subdivision (a) or (b) may be made
after a period of not less than one year from the effective date of
denial or revocation.
   (2) Reapplication following denial or revocation under paragraph
(4) of subdivision (a) may be made after a period of not less than 45
days from the date of the applicant's third testing failure.
   (3) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed.  A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
  SEC. 38.  Section 15210 of the Vehicle Code is amended to read:
   15210.  Notwithstanding any other provision of this code, as used
in this chapter, the following terms have the following meanings:
   (a) "Commercial driver's license" means a driver's license issued
by a state or other jurisdiction, in accordance with the standards
contained in Part 383 of Title 49 of the Code of Federal Regulations,
which authorizes the licenseholder to operate a class or type of
commercial motor vehicle.
   (b) (1) "Commercial motor vehicle" means any vehicle or
combination of vehicles which requires a class A or class B license,
or a class C license with an endorsement issued pursuant to paragraph
(4) of subdivision (a) of Section 15278.
   (2) "Commercial motor vehicle" does not include any of the
following:
   (A) A recreational vehicle, as defined in Section 18010 of the
Health and Safety Code.
   (B) Military equipment operated by noncivilian personnel, which is
owned or operated by the United States Department of Defense,
including the National Guard, as provided in Parts 383 and 391 of
Title 49 of the Code of Federal Regulations.
   (C) An implement of husbandry operated by a person who is not
required to obtain a driver's license under this code.
   (D) Vehicles operated by persons exempted pursuant to Section
25163 of the Health and Safety Code or a vehicle operated in an
emergency situation at the direction of a peace officer pursuant to
Section 2800.
   (c) "Controlled substance" has the same meaning as defined by the
federal Controlled Substances Act (21 U.S.C. Sec. 802).
   (d) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
   (e) "Employer" means any person, including the United States, a
state, or political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns drivers to operate that vehicle.
A person who employs himself or herself as a commercial vehicle
driver is considered to be both an employer and a driver for purposes
of this chapter.
   (f) "Felony" means an offense under state or federal law that is
punishable  by death or imprisonment for a term exceeding one year.
   (g) "Gross combination weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a combination or
articulated vehicle.  In the absence of a value specified by the
manufacturer, gross vehicle weight rating will be determined by
adding the gross vehicle weight rating of the power unit and the
total weight of the towed units and any load thereon.
   (h) "Gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle, as
defined in Section 390.
   (i) "Serious traffic violation" includes any of the following:
   (1) Excessive speeding, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570).
   (2) Reckless driving, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570).
   (3) A violation of any state or local law involving the safe
operation of a motor vehicle, arising in connection with a fatal
traffic accident.
   (4) Any other similar violation of a state or local law involving
the safe operation of a motor vehicle, as defined pursuant to the
Commercial Motor Vehicle Safety Act (Title XII of P.L. 99-570).
   (5) Driving a commercial motor vehicle without a commercial driver'
s license.
   (6) Driving a commercial motor vehicle without the driver having
in his or her possession a commercial driver's license, unless the
driver provides proof at the subsequent court appearance that he or
she held a valid commercial driver's license on the date of the
violation.
   (7) Driving a commercial motor vehicle when the driver has not met
the minimum testing standards for that vehicle as to the class or
type of cargo the vehicle is carrying.
   In the absence of a federal definition, existing definitions under
this code shall apply.
   (j) "State" means a state of the United States or the District of
Columbia.
   (k) "Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank
that is permanently or temporarily attached to the vehicle or the
chassis, including, but not limited to, cargo tanks and portable
tanks, as defined in Part 171 of Title 49 of the Code of Federal
Regulations.  This definition does not include portable tanks having
a  rated capacity under 1,000 gallons.
  SEC. 39.  Section 15250.7 of the Vehicle Code is amended to read:
   15250.7.  Upon application for issuance of a duplicate driver's
license under subdivision (b) of Section 15250.6, there shall be paid
to the department a fee of twenty-seven dollars ($27).
  SEC. 40.  Section 16000 of the Vehicle Code is amended to read:
   16000.  (a) The driver of a motor vehicle who is in any manner
involved in an accident originating from the operation of  the motor
vehicle on a street or highway, or is involved in a reportable
off-highway accident, as defined in Section 16000.1, that has
resulted in damage to the property of any one person in excess of
seven hundred fifty dollars ($750), or in bodily injury, or in the
death of any person shall report the accident, within 10 days after
the accident, either personally or through an insurance agent,
broker, or legal representative, on a form approved by the
department, to the office of the
     department at Sacramento, subject to this chapter.  The driver
shall identify on the form, by name and current residence address, if
available, any person involved in the accident complaining of bodily
injury.
   (b) A report is not required under subdivision (a) if the motor
vehicle involved in the accident was owned or leased by, or under the
direction of, the United States, this state, another state, or a
local agency.
   (c) If none of the parties involved in an accident has reported
the accident to the department under this section within one year
following the date of the accident, the department is not required to
file a report on the accident and the driver's license suspension
requirements of Section 16004 or 16070 do not apply.
  SEC. 41.  Section 16021 of the Vehicle Code is amended to read:
   16021.  Financial responsibility of the driver or owner is
established if the driver or owner of the vehicle involved in an
accident described in Section 16000 is:
   (a) A self-insurer under the provisions of this division.
   (b) An insured or obligee under a form of insurance or bond that
complies with the requirements of this division and that covers the
driver for the vehicle involved in the accident.
   (c) The United States of America, this state, any municipality or
subdivision thereof, or the lawful agent thereof.
   (d) A depositor in compliance with subdivision (a) of Section
16054.2.
   (e) An obligee under a policy issued by a charitable risk pool
that complies with subdivision (b) of Section 16054.2.
   (f) In compliance with the requirements authorized by the
department by any other manner which effectuates the purposes of this
chapter.
  SEC. 42.  Section 16370.5 of the Vehicle Code is amended to read:
   16370.5.  The department shall suspend the privilege of any person
to operate a motor vehicle as specified in Section 116.880 of the
Code of Civil Procedure.  Except as provided in this section, an
action brought under Section 116.880 of the Code of Civil Procedure
is not governed by Chapter 2 (commencing with Section 16250) of
Division 7.
  SEC. 43.  Section 16431 of the Vehicle Code is amended to read:
   16431.  (a) Proof of financial responsibility may be given by the
written certificate or certificates of any insurance carrier duly
authorized to do business within the state, that it has issued to or
for the benefit of the person named therein a motor vehicle liability
policy as defined in Section 16450, an automobile liability policy
as defined in Section 16054, or any other liability policy issued for
vehicles with less than four wheels that meets the requirements of
Section 16056, which, at the date of the certificate or certificates,
is in full force and effect.  Except as provided in subdivision (b),
the certificate or certificates issued under any liability policy
set forth in this section shall be accepted by the department and
satisfy the requirements of proof of financial responsibility of this
chapter.  Nothing in this chapter requires that an insurance carrier
certify that there is coverage broader than that provided by the
actual policy issued by the carrier.
   (b) The department shall require that a person whose driver's
license has been revoked, suspended, or restricted under Section
13350, 13351, 13352, 13353, 13353.2, 13353.3, 13353.6, 13353.7, or
16370, provide, as proof of financial responsibility, a certificate
or certificates that covers all motor vehicles registered to the
person before reinstatement of his or her driver's license.
   (c) Subdivision (b) does not apply to vehicles in storage if the
current license plates and registration cards are surrendered to the
department in Sacramento.
   (d) (1) A resident of another state may provide proof of financial
responsibility when required to do so under this code from a company
authorized to do business in that person's state of residence, if
that proof is satisfactory to the department, covers the operation of
a vehicle in this state, and meets the minimum coverage limit
requirements specified in Section 16056.
   (2) If the person specified in paragraph (1) becomes a resident of
this state during the period that the person is required to maintain
proof of financial responsibility with the department, the
department may not issue or return a driver's license to that person
until the person files a written certificate or certificates, as
authorized under subdivision (a), that meets the minimum coverage
limit requirements specified in Section 16056 and covers the period
during which the person is required to maintain proof of financial
responsibility.
  SEC. 44.  Section 24609 of the Vehicle Code is amended to read:
   24609.  (a) A vehicle may be equipped with white or amber
reflectors that are mounted on the front of the vehicle at a height
of 15 inches or more, but not more than 60 inches from the ground.
   (b) A schoolbus may be equipped with a set of two devices, with
each device in the set consisting of an amber reflector integrated
into the lens of an amber light that is otherwise permitted under
this code, if the set is mounted with one device on the left side and
one on the right side of the vehicle, and with each device at the
same level.
  SEC. 45.  Section 27400 of the Vehicle Code is amended to read:
   27400.  A person operating a motor vehicle or bicycle may not wear
a headset covering, or earplugs in, both ears.  This prohibition
does not apply to any of the following:
   (a) A person operating authorized emergency vehicles, as defined
in Section 165.
   (b) A person engaged in the operation of either special
construction equipment or equipment for use in the maintenance of any
highway.
   (c) A person engaged in the operation of refuse collection
equipment who is wearing a safety headset or safety earplugs.
   (d) A person wearing personal hearing protectors in the form of
earplugs or molds that are specifically designed to attenuate
injurious noise levels.  The plugs or molds shall be designed in a
manner so as to not inhibit the wearer's ability to hear a siren or
horn from an emergency vehicle or a horn from another motor vehicle.

   (e) A person using a prosthetic device that aids the hard of
hearing.
  SEC. 46.  The Department of Transportation shall extend the
completion date for the Bass Lake Trail Environmental Enhancement and
Mitigation (EEM) Project in the County of Madera (projection no. EEM
2001 (092)) to June 30, 2006.  The sum of two hundred thirty
thousand seven hundred twenty dollars ($230,720) is reappropriated
from the Mitigation Demonstration Program Fund to the Department of
Transportation for expenditure for the purposes of the project.
  SEC. 47.  The Department of Transportation shall extend the
completion date for the Junior Seau Sports Complex Mitigation (EEM)
Project in the County of San Diego (projection no. EEM 2001 (015)) to
June 30, 2006.  The sum of the balance of the project amount is
reappropriated from the Mitigation Demonstration Program Fund to the
Department of Transportation for expenditure for the purposes of the
project.
  SEC. 48.  Section 29 of this bill incorporates amendments to
Section 5201 of the Vehicle Code proposed by both this bill and AB
1303.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2004, (2) each bill
amends Section 5201 of the Vehicle Code, and (3) this bill is enacted
after AB 1303, in which case Section 28 of this bill shall not
become operative.
  SEC. 49.  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.