BILL NUMBER: AB 2777 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Transportation (Eng (Chair), Jeffries
(Vice Chair), Bill Berryhill, Blumenfield, Buchanan, Furutani,
Galgiani, Bonnie Lowenthal, Miller, Niello, Norby, Solorio, and
Torlakson)
(Coauthor: Assembly Member John A. Perez)
MARCH 1, 2010
An act to amend Sections 1808.1, 5007, 5023, 5024, 8202, and
22511.5 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2777, as introduced, Committee on Transportation. Vehicles:
Department of Motor Vehicles: omnibus bill.
(1) Existing law imposes on the employer of a driver who drives
one of several specified vehicles, including a vehicle for the
operation of which the driver is required to have an ambulance driver
certificate, as specified, several requirements related to the
driver's public record. A violation of those requirements is a crime.
This bill would correct an erroneous cross-reference.
(2) Under existing law, the Department of Motor Vehicles is
required, upon application and without additional fees, to issue a
special license plate or plates to a disabled person or disabled
veteran, in accordance with procedures adopted by the department.
Existing law also provides that organizations and agencies involved
in the transportation of disabled persons or disabled veterans may
apply for a distinguishing placard for each vehicle that is used for
the purpose of transporting disabled persons or disabled veterans.
Existing law allows a disabled person or disabled veteran
displaying special license plates issued under the above provisions
or a distinguishing placard issued under other specified provisions
of the Vehicle Code to park for unlimited periods in any of a number
of specified parking zones.
This bill would make technical, nonsubstantive changes to these
provisions.
(3) Existing law authorizes specified persons to apply for a set
of commemorative Olympic reflectorized license plates and the
Department of Motor Vehicles is required to issue those special
license plates in lieu of regular license plates. Existing law
requires that the commemorative Olympic reflectorized license plates
be of a distinctive design and available in a special series of
letters or numbers, or both, as determined by the department after
consultation with the United States Olympic Committee.
Existing law authorizes specified persons to apply for a set of
commemorative collegiate reflectorized license plates, and the
department is required to issue those special license plates in lieu
of the regular license plates. Existing law requires that the
collegiate reflectorized license plates be of a distinctive design,
and available in a special series of letters or numbers, or both, as
determined by the department.
This bill would authorize the department to also issue those
commemorative reflectorized license plates as environmental license
plates in a combination of numbers or letters, or both, as requested
by the owner or lessee of the vehicle.
(4) Existing law allows any registrant issued apportioned fleet
registration, 20 days to file a written request for a hearing
following a determination by the Department of Motor Vehicles that
fees are due, including penalties and service fees, for the operation
of a fleet of apportionately registered vehicles and requires that a
lien be placed upon all vehicles operated as part of the fleet and
on any other fleet vehicles operated by the registrant.
This bill would extend the time to file a written request for a
hearing to 30 days in order to conform to federal law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1808.1 of the Vehicle Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncancelled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) A request to participate in the pull-notice system established
by this section shall be accompanied by a fee determined by the
department to be sufficient to defray the entire actual cost to the
department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 2512, 12517, 12519, 12520,
12523, or 12523.5, or 12527 or a
passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
( l ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor"
for any purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and ( l ) and the employer obligations in
those subdivisions.
SEC. 2. Section 5007 of the Vehicle Code is amended to read:
5007. (a) The department shall, upon application and without
additional fees, issue a special license plate or plates pursuant to
procedures adopted by the department to the following:
(1) A disabled person.
(2) A disabled veteran.
(3) An organization or agency involved in the transportation of
disabled persons or disabled veterans if the motor vehicle
that will have the special license plate is used solely for the
purpose of transporting those persons.
(b) The special license plates issued under subdivision (a) shall
run in a regular numerical series that shall include one or more
unique two-letter codes reserved for disabled person license plates
or disabled veteran license plates. The International Symbol of
Access adopted pursuant to Section 3 of Public Law 100-641, commonly
known as the "wheelchair symbol" shall be depicted on each plate.
(c) (1) Prior to issuing a special license plate to a disabled
person or disabled veteran, the department shall require the
submission of a certificate, in accordance with paragraph (2), signed
by the physician and surgeon, or to the extent that it does not
cause a reduction in the receipt of federal aid highway funds, by a
nurse practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands for a disabled person, or
who has significant limitation in the use of lower extremities, may
also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(d) A disabled person or disabled veteran issued a license plate
or plates under this section shall, upon request, present to a peace
officer, or person authorized to enforce parking laws, ordinances, or
regulations, a certification form that substantiates the eligibility
of the disabled person or veteran to possess the plate or plates.
The certification shall be on a form prescribed by the department and
contain the name of the disabled person or disabled veteran to whom
the plate or plates were issued, and the name, address, and telephone
number of the medical professional described in subdivision (c) who
certified the eligibility of the person or veteran for the plate or
plates.
(e) The certification requirements of subdivisions (c) and (d) do
not apply to an organization or agency that is issued a special
license plate or plates under paragraph (3) of subdivision (a).
(f) The special license plate shall, upon the death of the
disabled person or disabled veteran, be returned to the department
within 60 days or upon the expiration of the vehicle registration,
whichever occurs first.
(g) When a motor vehicle subject to paragraph (3) of
subdivision (a) is sold or transferred, the special license plate or
plates issued to an organization or agency under paragraph (3) of
subdivision (a) for that m otor vehicle shall
be immediately returned to the department.
SEC. 3. Section 5023 of the Vehicle Code is amended to read:
5023. (a) Any A person described in
Section 5101 may also apply for a set of commemorative Olympic
reflectorized license plates and the department shall issue those
special license plates in lieu of regular license plates. The
commemorative Olympic reflectorized license plates shall be of a
distinctive design and shall be available in a special series of
letters or numbers, or both, as determined by the department after
consultation with the United States Olympic Committee. The
department may issue the commemorative Olympic
reflectorized license plates as environmental license plates, as
defined in Section 5103, in a combination of numbers or letters, or
both, as requested by the owner or lessee of the vehicle.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following special fees shall be paid:
(1) Fifty dollars ($50), inclusive of any administrative fees, for
the initial issuance of the special plates.
(2) Fifteen dollars ($15) for the transfer of the special plates
to another vehicle.
(3) Thirty-five dollars ($35) for duplicate, replacement
commemorative Olympic reflectorized license plates of the same number
in the series.
(4) Thirty dollars ($30) for the annual renewal of the special
plates.
(c) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the plates upon
sale, trade, or other release of the vehicle upon which the special
plates have been displayed, the person shall notify the department
and the person may retain the special plates.
(d) All revenue 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 Olympic Training
Account in the General Fund established pursuant to Section 7592 of
the Government Code.
SEC. 4. Section 5024 of the Vehicle Code is amended to read:
5024. (a) Any A person described in
Section 5101 may also apply for a set of commemorative collegiate
reflectorized license plates, and the department shall issue those
special license plates in lieu of the regular license plates. The
collegiate reflectorized plates shall be of a distinctive design, and
shall be available in a special series of letters or numbers, or
both, as determined by the department. The collegiate reflectorized
plates shall also contain the name of the participating institution
as well as the reflectorized logotype, motto, symbol, or other
distinctive design, as approved by the department, representing the
participating university or college selected by the applicant.
The department may issue the commemorative collegiate reflectorized
license plates as environmental license plates, as defined in Section
5103, in a combination of numbers or letters, or both, as requested
by the owner or lessee of the vehicle.
(b) Any public or private postsecondary educational institution in
the state, which is accredited or has been accepted as a recognized
candidate for accreditation by the Western Association of Schools and
Colleges, may indicate to the department its decision to be included
in the commemorative collegiate license plate program and submit its
distinctive design for the logotype, motto, symbol, or other design.
However, no public or private postsecondary educational institution
may be included in the program until not less than 5,000 applications
are received for license plates containing that institution's
logotype, motto, symbol, or other design. Each participating
institution shall collect and hold applications for collegiate
license plates until it has received at least 5,000 applications.
Once the institution has received at least 5,000 applications, it
shall submit the applications, along with the necessary fees, to the
department. Upon receiving the first application, the institution
shall have one calendar year to receive the remaining required
applications. If, after that one calendar year, 5,000 applications
have not been received, the institution shall refund to all
applicants any fees or deposits which have been collected.
(c) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following commemorative collegiate license plate fees shall be paid:
(1) Fifty dollars ($50) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.
(2) Forty dollars ($40) for each renewal of registration which
includes the continued display of the plates.
(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(4) Thirty-five dollars ($35) for replacement plates, if the
plates become damaged or unserviceable.
(d) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the
commemorative collegiate license plates upon sale, trade, or other
release of the vehicle upon which the plates have been displayed, the
person shall notify the department and the person may retain the
plates.
(e) Of the revenue derived from the additional special fees
provided in this section, less costs incurred by the department
pursuant to this section, one-half shall be deposited in the
California Collegiate License Plate Fund, which is hereby created,
and one-half shall be deposited in the Resources License Plate Fund,
which is hereby created.
(f) The money in the California Collegiate License Plate Fund is,
notwithstanding Section 13340 of the Government Code, continuously
appropriated to the Controller for allocation as follows:
(1) To the governing body of participating public institutions in
the proportion that funds are collected on behalf of each, to be used
for need-based scholarships, distributed according to federal
student aid guidelines.
(2) With respect to funds collected on behalf of accredited
nonprofit, private, and independent colleges and universities in the
state, to the California Student Aid Commission for grants to
students at those institutions, in the proportion that funds are
collected on behalf of each institution, who demonstrate eligibility
and need in accordance with the Cal Grant Program pursuant to Article
3 (commencing with Section 69530) of Chapter 2 of Part 42 of the
Education Code, but who did not receive an award based on a listing
prepared by the California Student Aid Commission.
(g) The scholarships and grants shall be awarded without regard to
race, religion, creed, sex, or age.
(h) The money in the Resources License Plate Fund is available,
upon appropriation, for the purposes of natural resources
preservation, enhancement, and restoration.
(i) All revenues deposited in, and expenditures from, the
California Collegiate License Plate Fund shall be audited by the
Auditor General on December 1, 1993, and December 1, 1995.
SEC. 5. Section 8202 of the Vehicle Code is amended to read:
8202. (a) Within 30 days of the date the notice is mailed
pursuant to Section 8201, the registrant may submit documentation not
previously available or may request a hearing to contest the
existence or the amount of the lien. If no additional documentation
is submitted, or if no hearing is requested, the operating privileges
of the fleet may be suspended or canceled and a sufficient number of
vehicles may be seized and sold to satisfy the lien.
(b) If additional documentation is submitted, the department shall
review the documentation and issue its findings to the registrant.
Within 20 30 days of the date the
findings are mailed, the registrant may request a hearing.
(c) If a hearing is requested, 10 days' notice shall be given of
the time and place of the hearing, which shall be held within the
county of residence of the person requesting the hearing or within
the county of the established place of business of the registrant.
The hearing shall be conducted by a referee who shall submit findings
and recommendations to the director or his or her authorized
representative, who shall decide the matter. The decision shall be
effective on notice thereof to the interested parties. However, the
director, or his or her authorized representative, may rescind the
decision and reconsider the matter for good cause shown at any time
within three years after the date the disputed fee or penalty first
became due, or one year from the hearing whichever is later.
(d) Upon final completion of all administrative appeals, the
department shall give written notice to the registrant of the right
to a review of the decision by a court of competent jurisdiction. Any
action brought in court shall be commenced within 90 days from the
date notice of the decision is mailed.
SEC. 6. Section 22511.5 of the Vehicle Code is amended to read:
22511.5. (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
(2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking meter
fees.
(3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license
plate or placard issued by a foreign jurisdiction with the same
parking privileges authorized in this code for any motor
vehicle displaying a special license plate or a
distinguishing placard issued by the Department of Motor Vehicles.