BILL NUMBER: AB 1361 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Portantino
( Principal coauthor: Senator
Liu )
FEBRUARY 27, 2009
An act to amend Section 1808.4 of 35780
of, and to add Section 35655.6 to, the Vehicle Code, relating
to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1361, as amended, Portantino. Department of Motor
Vehicles: records. Vehicles: commercial vehicle ban:
State Route 2.
(1) Existing law authorizes the Department of Transportation to
declare and fix a weight limit for a highway under its jurisdiction
that is less than the maximum weight limits otherwise authorized
under the Vehicle Code, upon determining that the highway will not
sustain those maximum weights and, after conducting a public hearing
on the issue, determining the maximum weight that the highway will
sustain. The department is prohibited from establishing a maximum
weight limit that is less than 16,000 pounds. A violation of the
Vehicle Code is a crime.
This bill would prohibit, with specified exemptions, the operation
of a commercial vehicle with 3 or more axles, or a gross vehicle
weight of 5 tons or more on the segment of State Route 2 that is
located between Interstate Route 210 (I-210) in the City of La Canada
Flintridge and County Route N4 (Big Pine Highway) in the County of
Los Angeles. The bill would provide that, upon conviction, a
violation of the above prohibition is subject to a fine of $1,000.
Because the bill would create a new crime, this bill would impose a
state-mandated local program. Revenue generated by the fines would,
upon appropriation by the Legislature, be used to improve the safety
of that portion of State Route 2. The bill would authorize the
Department of Transportation to issue permits to specified commercial
vehicles allowing their operation on that segment of State Route 2.
The bill would require the department to erect suitable signs to give
adequate notice of the prohibition.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law makes confidential the home address of any of a list
of state officers and employees that appears in the Department of
Motor Vehicles (DMV) records, if an officer or employee requests that
address be kept confidential, with certain exemptions for
information available to specified governmental agencies. Existing
law provides that the home address shall be withheld from public
inspection for 3 years following termination of office or employment,
except with respect to retired peace officers, whose home addresses
shall be withheld from public inspection permanently, upon request.
This bill would revise the exemptions to nondisclosure to provide
that a governmental agency may obtain the information necessary to
process the service and collection of a traffic, parking, toll
bridge, or toll road violation.
The bill would also provide that the applicable statutory time
periods for processing traffic, parking, toll bridge, or toll road
violations are tolled until the DMV provides the law enforcement
agency or governmental agency with the confidential home addressee's
information.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35655.6 is added to the
Vehicle Code , to read:
35655.6. (a) Except as provided in subdivision (b), a person
shall not drive a commercial vehicle with three or more axles, or a
gross vehicle weight of five tons or more, on the segment of State
Route 2 (SR-2) that is located between Interstate Route 210 (I-210)
in the City of La Canada Flintridge and County Route N4 (Big Pine
Highway) in the County of Los Angeles unless the commercial vehicle
is authorized under a permit pursuant to paragraph (5) of subdivision
(a) of Section 35780.
(b) Subdivision (a) does not apply to any of the following
vehicles:
(1) An authorized emergency vehicle.
(2) A vehicle operated by a publicly or privately owned public
utility.
(3) A vehicle operated by the Department of Transportation.
(4) A transit bus.
(5) A tow truck.
(c) A person who violates this section shall, upon conviction, be
punished by a fine of one thousand dollars ($1,000). Fines collected
pursuant to this subdivision shall, upon appropriation by the
legislature, be used to improve the safety of the portion of State
Route 2 specified in subdivision (a).
(d) The Department of Transportation shall erect suitable signs at
each end of the portion of State Route 2 specified in subdivision
(a) and any other points that the department deems necessary to give
adequate notice of the prohibition pursuant to this section.
SEC. 2. Section 35780 of the Vehicle
Code is amended to read:
35780. (a) The Department of Transportation or local authorities,
with respect to highways under their respective jurisdictions, may,
at their discretion upon application and if good cause appears, issue
a special permit authorizing the applicant:
(1) To operate or move a vehicle or combination of vehicles or
special mobile equipment of a size or weight of vehicle or load
exceeding the maximum specified in this code.
(2) To use corrugations on the periphery of the movable tracks on
a traction engine or tractor, the propulsive power of which is not
exerted through wheels resting upon the roadway but by means of a
flexible band or chain.
(3) Under emergency conditions, to operate or move a type of
vehicle otherwise prohibited hereunder, upon any highway under the
jurisdiction of the party granting the permit and for the maintenance
of which the party is responsible.
(4) To operate or move a vehicle or combination of vehicles
transporting loads composed of logs only for the purpose of crossing
a highway from one private property to another without complying with
any or all of the equipment requirements of Division 12 (commencing
with Section 24000) and Division 13 (commencing with Section 29000).
These crossings shall be as near to a right angle to the roadway as
is practical and shall not include any travel parallel to the
roadway. The Department of Transportation shall determine standards
and conditions upon which permits shall be issued and any permit not
in compliance with those standards and conditions shall be invalid,
except that a permit may contain more restrictive conditions if the
issuing authority deems it appropriate.
(5) To operate or move a commercial vehicle with two or more
axles, or a gross vehicle of five tons or more, on the portion of
State Route 2 specified in subdivision (a) of Section 35655.6 that is
any of the following:
(A) A commercial vehicle involved in a motion picture or
television production.
(B) A commercial vehicle that may be necessary for the completion
of construction projects.
(C) A commercial vehicle that is a delivery vehicle that requires
access to the portion of State Route 2 specified in subdivision (a)
of Section 35655.6 to provide local pickup and delivery.
(D) Any other commercial vehicle that the department deems
appropriate and safe to access the portion of State Route 2 specified
in subdivision (a) of Section 35655.6.
(b) Under conditions prescribed by the Department of
Transportation or the local authority, the Department of
Transportation or local authority may accept applications made by,
and issue permits directly to, an applicant or permit service by any
of the following processes:
(1) In writing.
(2) By an authorized facsimile process.
(3) Through an authorized computer and modem connection.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 1808.4 of the Vehicle Code
is amended to read:
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department, is confidential
if the person requests the confidentiality of that information:
(1) Attorney General.
(2) State public defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, California Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department, or the information is necessary to process the
service and collection of a traffic, parking, toll bridge, or toll
road violation.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808 if the address is completely obliterated or otherwise removed
from the record. The home address shall be withheld from public
inspection for three years following the termination of office or
employment.
(2) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(3) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) The applicable statutory time periods for processing the
service and collection of traffic parking, toll bridge, or toll road
violations are tolled until the department provides the law
enforcement agency or governmental agency with the confidential home
addressee's information.
(e) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.