BILL NUMBER: SB 734	CHAPTERED
	BILL TEXT

	CHAPTER  200
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 8, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2009
	AMENDED IN ASSEMBLY  AUGUST 27, 2009
	AMENDED IN ASSEMBLY  JUNE 22, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 27, 2009

   An act to amend Sections 14530.1 and 14679 of the Government Code,
to amend Sections 44011 and 44126 of the Health and Safety Code, and
to amend Sections 4000.1, 9103, 12810.3, 21650, 21800, 22507.8,
22511.7, 22511.8, 34501.2, and 40215 of, and to add Sections 231.5
and 231.6 to, the Vehicle Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 734, Lowenthal. Transportation.
    (1) Existing law provides that every person riding a bicycle upon
a highway has all the rights applicable to the driver of a vehicle
and is subject to specified provisions in the Vehicle Code, including
the rules of the road and specified equipment requirements. Existing
law also does not prohibit the operation of bicycles on any shoulder
of a highway.
   This bill would define a "bicycle path crossing" as either that
portion of a roadway included within the prolongation or connection
of the boundary lines of a bike path, as defined, at intersections
where the intersecting roadways meet at approximately right angles or
as any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface, except as
specified.
   This bill would also permit the operation of bicycles on any
sidewalk, on any bicycle path within a highway, or along any
crosswalk or bicycle path crossing.
    (2) Existing law requires the Department of Transportation, in
cooperation with the California Transportation Commission,
transportation planning agencies, and county transportation
commissions and local governments, to develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects into that program.
   This bill would delete an obsolete provision of this requirement.
    (3) Existing law makes it unlawful for any person to park or
leave standing any vehicle in a stall or space designated for
disabled persons and disabled veterans, unless the vehicle displays
either a special identification license plate or a distinguishing
placard. A violation of this provision is an infraction. Existing law
requires that a distinctive sign be displayed in the stall or the
space that clearly and conspicuously states specified information,
including, among other things, "Minimum Fine $250" and also requires
that a person convicted of this provision be punished according to a
schedule of fines for first, 2nd, or 3rd or more offenses.
   This bill would require that the sign display only "Minimum Fine
$250" and would make a conforming, cross-reference change to these
provisions.
    (4) Existing law requires the issuing agency or the processing
agency to mail the results of the initial administrative review,
including a reason for the denial of a cancellation of a notice of
parking violations or delinquent parking violations, to the person
contesting the notice of parking violations or delinquent parking
violations and places a similar notification requirement on an
administrative examiner following an administrative review hearing.
   This bill would require the issuing agency or the processing
agency, following an initial review, to include in the notice to the
person notification of the ability to request an administrative
hearing, and to include the existing required notice of the written
procedure for waiving prepayment of the parking penalty based upon an
inability to pay.
   Because this bill would increase the level of service of a city or
county processing agency and because a violation of these provisions
would be a crime under an existing provision of law, this bill would
impose a state-mandated local program.
    (5) Under existing law, the Department of Motor Vehicles is
required to obtain the submission of a valid smog check certificate
of compliance or noncompliance, as appropriate, upon the initial
registration, or upon the transfer of ownership and registration of
specified motor vehicles. Existing law exempts the transfer of a
motor vehicle that is 4 or less model-years old from this
requirement.
   This bill would provide the above exemption does not apply to
diesel-powered vehicles.
    (6) Existing law creates the High Polluter Repair or Removal
Account in the Vehicle Inspection and Repair Fund and creates the
Enhanced Fleet Modernization Subaccount in the High Polluter Removal
and Repair Account.
   This bill would correct the name of that account to refer to the
High Polluter Repair or Removal Account.
   (7) Existing law exempts certain vehicles owned by the United
States, any state or its political subdivision, or any municipality
in this state from fees specified in the Vehicle Code, except for
fees for duplicate plates, certificates, or cards.
   This bill would exempt vehicles owned by a public entity formed by
a regional transportation authority as a nonprofit public benefit
corporation, designated as a consolidated transportation services
agency, and charged with administering a countywide coordinated
paratransit plan, from registration fees, except fees for duplicate
plates, certificates, or cards.
   (8) Existing law exempts a driver employed by an electrical
corporation, a gas corporation, a telephone corporation, a water
corporation, or a public water district from hours-of-service
regulations while operating a public utility or public water district
vehicle during the emergency restoration of service.
   This bill would instead exempt those drivers from all
hours-of-service regulations while operating a public utility or
public water district vehicle.
   (9) The bill would make technical, nonsubstantive changes to the
Health and Safety Code and the Vehicle Code.
   (10) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


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

  SECTION 1.  Section 14530.1 of the Government Code is amended to
read:
   14530.1.  (a) The department, in cooperation with the commission,
transportation planning agencies, and county transportation
commissions and local governments, shall develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects into the state transportation improvement
program.
   (b) The guidelines shall include, but not be limited to, all of
the following:
   (1) Standards for project deliverability.
   (2) Standards for identifying projects and project components.
   (3) Standards for cost estimating.
   (4) Programming methods for increases and schedule changes.
   (5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
   (c) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in selecting projects to be included in the state transportation
improvement program.
   (d) The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make a
reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
  SEC. 2.  Section 14679 of the Government Code is amended to read:
   14679.  (a) A parking facility under the jurisdiction or control
of a state agency, that is available to private persons who desire to
conduct business with the state agency, shall reserve for the
exclusive use of any vehicle that displays either a special
identification license plate issued pursuant to Section 5007 of the
Vehicle Code or a distinguishing placard issued pursuant to Section
22511.55 or 22511.59 of the Vehicle Code a minimum of one parking
space for up to 25 spaces, and additional parking spaces pursuant to
Section 1129B of Part 2 of Title 24 of the California Code of
Regulations.
   (1) (A) The space or spaces shall be reserved by posting
immediately adjacent to and visible from such space or spaces a sign
consisting of a profile view of a wheelchair with occupant in white
on a blue background.
   (B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
   (2) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008, or as
the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
   (b) If no parking facility under the jurisdiction and control of a
state agency is available to private persons who desire to conduct
business with the state agency, the state agency shall request the
local authority having jurisdiction over streets immediately adjacent
to the property of the state agency to provide parking spaces for
the use of disabled persons and disabled veterans pursuant to Section
22511.7 of the Vehicle Code.
   (c) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450, as
appropriate, conforming regulations to ensure compliance with
subparagraph (B) of paragraph (1) of subdivision (a) and paragraph
(2) of subdivision (a). Initial regulations to implement these
provisions shall be adopted as emergency regulations. The adoption of
these regulations shall be considered by the Department of General
Services to be an emergency necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
  SEC. 3.  Section 44011 of the Health and Safety Code, as added by
Section 3 of Chapter 739 of the Statutes of 2007, is amended to read:

   44011.  (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
   (1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
   (2) All motor vehicles that have been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
   (3) All motor vehicles manufactured prior to the 1976 model-year.
   (4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model-years old.
   (B) Beginning January 1, 2005, all motor vehicles six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
   (C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
   (i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
   (ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
   (iii) The vehicle is being registered as a specially constructed
vehicle.
   (iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
   (D) This paragraph does not apply to diesel-powered vehicles.
   (5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
   (6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
   (7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
   (8) (A) All diesel-powered vehicles manufactured prior to the 1998
model-year.
   (B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
   (C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 14,000 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
   (D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,001 pounds or greater.
   (b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
   (c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
   (1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
   (2) The motor vehicle is at least 35 model-years old.
   (3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
   (d) This section shall become operative on January 1, 2010.
  SEC. 4.  Section 44126 of the Health and Safety Code is amended to
read:
   44126.  The Enhanced Fleet Modernization Subaccount is hereby
created in the High Polluter Repair or Removal Account. All moneys
deposited in the subaccount shall be available to the department and
the BAR, upon appropriation by the Legislature, to establish and
implement the program created pursuant to this article.
  SEC. 5.  Section 231.5 is added to the Vehicle Code, to read:
   231.5.  A "bicycle path" or "bike path" is a Class I bikeway, as
defined in subdivision (a) of Section 890.4 of the Streets and
Highways Code.
  SEC. 6.  Section 231.6 is added to the Vehicle Code, to read:
   231.6.  (a) A "bicycle path crossing" is either of the following:
   (1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
   (2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
   (b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
  SEC. 7.  Section 4000.1 of the Vehicle Code is amended to read:
   4000.1.  (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, a valid certificate of
compliance or a certificate of noncompliance, as appropriate, issued
in accordance with Section 44015 of the Health and Safety Code.
   (b) With respect to new motor vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of
the Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
   (c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
   (d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
   (1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
   (2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
   (3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
   (4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
   (5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
   (6) The motor vehicle was manufactured prior to the 1976
model-year.
   (7) Except for diesel-powered vehicles, the transfer is for a
motor vehicle that is four or less model-years old. The department
shall impose a fee of eight dollars ($8) on the transferee of a motor
vehicle that is four or less model-years old. Revenues generated
from the imposition of that fee shall be deposited into the Vehicle
Inspection and Repair Fund.
   (e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
   (f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the motor
vehicle.
   (g) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, if the collector motor vehicle meets all of the following
criteria:
   (1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
   (2) The motor vehicle is at least 35 model-years old.
   (3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
  SEC. 8.  Section 9103 of the Vehicle Code is amended to read:
   9103.  (a) Fees specified in this code, except fees for duplicate
plates, certificates, or cards, are not required to be paid for any
vehicle of a type subject to registration under this code owned by
the United States or by any state or political subdivision of a state
or by any municipality duly organized under the California
Constitution or laws of this state.
   (b) The registration fees specified in this code, except fees for
duplicate plates, certificates, or cards, are not required to be paid
for any vehicle owned by a public entity described in subdivision
(f) of Section 15975 of the Government Code.
  SEC. 9.  Section 12810.3 of the Vehicle Code is amended to read:
   12810.3.  Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
  SEC. 10.  Section 21650 of the Vehicle Code is amended to read:
   21650.  Upon all highways, a vehicle shall be driven upon the
right half of the roadway, except as follows:
   (a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
   (b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
   (c) When the right half of a roadway is closed to traffic under
construction or repair.
   (d) Upon a roadway restricted to one-way traffic.
   (e) When the roadway is not of sufficient width.
   (f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
   (g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, on any sidewalk, on any bicycle path
within a highway, or along any crosswalk or bicycle path crossing,
where the operation is not otherwise prohibited by this code or local
ordinance.
  SEC. 11.  Section 21800 of the Vehicle Code is amended to read:
   21800.  (a) The driver of a vehicle approaching an intersection
shall yield the right-of-way to any vehicle which has entered the
intersection from a different highway.
   (b) (1) When two vehicles enter an intersection from different
highways at the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right, except that the driver of any vehicle on a terminating highway
shall yield the right-of-way to any vehicle on the intersecting
continuing highway.
   (2) For the purposes of this section, "terminating highway" means
a highway which intersects, but does not continue beyond the
intersection, with another highway which does continue beyond the
intersection.
   (c) When two vehicles enter an intersection from different
highways at the same time and the intersection is controlled from all
directions by stop signs, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right.
   (d) (1) The driver of any vehicle approaching an intersection
which has official traffic control signals that are inoperative shall
stop at the intersection, and may proceed with caution when it is
safe to do so.
   (2) When two vehicles enter an intersection from different
highways at the same time, and the official traffic control signals
for the intersection are inoperative, the driver of the vehicle on
the left shall yield the right-of-way to the vehicle on his or her
immediate right, except that the driver of any vehicle on a
terminating highway shall yield the right-of-way to any vehicle on
the intersecting continuing highway.
   (e) This section does not apply to any of the following:
   (1) Any intersection controlled by an official traffic control
signal or yield right-of-way sign.
   (2) Any intersection controlled by stop signs from less than all
directions.
   (3) When vehicles are approaching each other from opposite
directions and the driver of one of the vehicles intends to make, or
is making, a left turn.
  SEC. 12.  Section 22507.8 of the Vehicle Code is amended to read:
   22507.8.  (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
   (b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
   (c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
   (1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
   (2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
   (d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.
  SEC. 13.  Section 22511.7 of the Vehicle Code is amended to read:
   22511.7.  (a) In addition to Section 22511.8 for offstreet
parking, a local authority may, by ordinance or resolution, designate
onstreet parking spaces for the exclusive use of a vehicle that
displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
   (b) (1) Whenever a local authority so designates a parking space,
it shall be indicated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. In addition, the local
authority shall post immediately adjacent to and visible from the
space a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background.
   (2) The sign required pursuant to paragraph (1) shall clearly and
conspicuously state the following: "Minimum Fine $250." This
paragraph applies only to signs for parking spaces constructed on or
after July 1, 2008, and signs that are replaced on or after July 1,
2008.
   (3) If the loading and unloading area of the pavement adjacent to
a parking stall or space designated for disabled persons or disabled
veterans is to be marked by a border and hatched lines, the border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008.
   (c) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
  SEC. 14.  Section 22511.8 of the Vehicle Code is amended to read:
   22511.8.  (a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of a
vehicle that displays either a special license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):
   (1) (A) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
   (B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
   (2) (A) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
   (B) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
subparagraph applies only to parking spaces constructed on or after
July 1, 2008, and painting that is done on or after July 1, 2008, or
as the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
   (3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.
   (b) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450 of the
Government Code, as appropriate, conforming regulations to ensure
compliance with subparagraph (B) of paragraph (1) of subdivision (a)
and subparagraph (B) of paragraph (2) of subdivision (a). Initial
regulations to implement these provisions shall be adopted as
emergency regulations. The adoption of these regulations shall be
considered by the Department of General Services to be an emergency
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
   (c) If posted in accordance with subdivision (e) or (f), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage unless a special license plate issued pursuant to
Section 5007 or distinguishing placard issued pursuant to Section
22511.55 or 22511.59 is displayed on the vehicle.
   (d) If posted in accordance with subdivision (e), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest public garage unless a special
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 is displayed
on the vehicle.
   (e) Except as provided in Section 22511.9, the posting required
for an offstreet parking facility owned or operated either privately
or by a local authority shall consist of a sign not less than 17 by
22 inches in size with lettering not less than one inch in height
which clearly and conspicuously states the following: "Unauthorized
vehicles parked in designated accessible spaces not displaying
distinguishing placards or special license plates issued for persons
with disabilities will be towed away at the owner's expense. Towed
vehicles may be reclaimed at:


________________________________or by telephoning
                   (Address)
______________________________________________.''
     (Telephone number of local law enforcement
                      agency)


   The sign shall be posted in either of the following locations:
   (1) Immediately adjacent to, and visible from, the stall or space.

   (2) In a conspicuous place at each entrance to the offstreet
parking facility.
   (f) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (c) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
   (g) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
  SEC. 15.  Section 34501.2 of the Vehicle Code is amended to read:
   34501.2.  (a) The regulations adopted under Section 34501 for
vehicles engaged in interstate or intrastate commerce shall establish
hours-of-service regulations for drivers of those vehicles that are
consistent with the hours-of-service regulations adopted by the
United States Department of Transportation in Part 395 of Title 49 of
the Code of Federal Regulations, as those regulations now exist or
are hereafter amended.
   (b) The regulations adopted under Section 34501 for vehicles
engaged in intrastate commerce that are not transporting hazardous
substances or hazardous waste, as those terms are defined by
regulations in Section 171.8 of Title 49 of the Code of Federal
Regulations, as those regulations now exist or are hereafter amended,
shall have the following exceptions:
   (1) The maximum driving time within a work period shall be 12
hours for a driver of a truck or truck tractor, except for a driver
of a tank vehicle with a capacity of more than 500 gallons
transporting flammable liquid, who shall not drive for more than 10
hours within a work period.
   (2) A motor carrier shall not permit or require a driver to drive,
nor shall any driver drive, for any period after having been on duty
for 80 hours in any consecutive eight days.
   (3) A driver employed by an electrical corporation, as defined in
Section 218 of the Public Utilities Code, a gas corporation, as
defined in Section 222 of that code, a telephone corporation, as
defined in Section 234 of that code, a water corporation, as defined
in Section 241 of that code, or a public water district as defined in
Section 20200 of the Water Code, is exempt from all hours-of-service
regulations while operating a public utility or public water
district vehicle.
   (4) Any other exceptions applicable to drivers assigned to
governmental fire suppression and prevention, as determined by the
department.
   (5) A driver employed by a law enforcement agency, as defined in
Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations,
as that section now exists or is hereafter amended, during an
emergency or to restore the public peace.
   (c) The regulations adopted under Section 34501 for vehicles
engaged in the transportation of farm products in intrastate commerce
shall include all of the following provisions:
   (1) A driver employed by an agricultural carrier, including a
carrier holding a seasonal permit, or by a private carrier, when
transporting farm products from the field to the first point of
processing or packing, shall not drive for any period after having
been on duty 16 hours or more following eight consecutive hours off
duty and shall not drive for any period after having been on duty for
112 hours in any consecutive eight-day period, except that a driver
transporting special situation farm products from the field to the
first point of processing or packing, or transporting livestock from
pasture to pasture, may be permitted, during one period of not more
than 28 consecutive days or a combination of two periods totaling not
more than 28 days in a calendar year, to drive for not more than 12
hours during any workday of not more than 16 hours. A driver who
thereby exceeds the driving time limits specified in paragraph (2) of
subdivision (b) shall maintain a driver's record of duty status, and
shall keep a duplicate copy in his or her possession when driving a
vehicle subject to this chapter. These records shall be presented
immediately upon request by any authorized employee of the
department, or any police officer or deputy sheriff.
   (2) Upon the request of the Director of Food and Agriculture, the
commissioner may, for good cause, temporarily waive the maximum
on-duty time limits applicable to any eight-day period when an
emergency exists due to inclement weather, natural disaster, or an
adverse economic condition that threatens to disrupt the orderly
movement of farm products during harvest for the duration of the
emergency. For purposes of this paragraph, an emergency does not
include a strike or labor dispute.
   (3) For purposes of this subdivision, the following terms have the
following meanings:
   (A) "Farm products" means every agricultural, horticultural,
viticultural, or vegetable product of the soil, honey and beeswax,
oilseeds, poultry, livestock, milk, or timber.
   (B) "First point of processing or packing" means a location where
farm products are dried, canned, extracted, fermented, distilled,
frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled,
conditioned, or otherwise manufactured, processed, or preserved for
distribution in wholesale or retail markets.
   (C) "Special situation farm products" means fruit, tomatoes, sugar
beets, grains, wine grapes, grape concentrate, cotton, or nuts.
  SEC. 16.  Section 40215 of the Vehicle Code is amended to read:
   40215.  (a) For a period of 21 calendar days from the issuance of
a notice of parking violation or 14 calendar days from the mailing of
a notice of delinquent parking violation, exclusive of any days from
the day the processing agency receives a request for a copy or
facsimile of the original notice of parking violation pursuant to
Section 40206.5 and the day the processing agency complies with the
request, a person may request an initial review of the notice by the
issuing agency. The request may be made by telephone, in writing, or
in person. There shall be no charge for this review. If, following
the initial review, the issuing agency is satisfied that the
violation did not occur, that the registered owner was not
responsible for the violation, or that extenuating circumstances make
dismissal of the citation appropriate in the interest of justice,
the issuing agency shall cancel the notice of parking violation or
notice of delinquent parking violation. The issuing agency shall
advise the processing agency, if any, of the cancellation. The
issuing agency or the processing agency shall mail the results of the
initial review to the person contesting the notice, and, if
following that review, cancellation of the notice does not occur,
include a reason for that denial, notification of the ability to
request an administrative hearing, and notice of the procedure
adopted pursuant to subdivision (b) for waiving prepayment of the
parking penalty based upon an inability to pay.
   (b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting an
administrative hearing shall deposit the amount of the parking
penalty with the processing agency. The issuing agency shall adopt a
written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. After January 1, 1996,
an administrative hearing shall be held within 90 calendar days
following the receipt of a request for an administrative hearing,
excluding time tolled pursuant to this article. The person requesting
the hearing may request one continuance, not to exceed 21 calendar
days.
   (c) The administrative hearing process shall include the
following:
   (1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the issuing agency. If an issuing agency
contracts with an administrative provider, hearings shall be held
within the jurisdiction of the issuing agency or within the county of
the issuing agency.
   (2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the parking violation without the necessity of the appointment of a
guardian. The processing agency may proceed against the minor in the
same manner as against an adult.
   (3) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested parking violations.
   (4) (A) The issuing agency's governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners to
conduct the administrative hearings. Examiners shall demonstrate
those qualifications, training, and objectivity necessary to conduct
a fair and impartial review. An examiner shall not be employed,
managed, or controlled by a person whose primary duties are parking
enforcement or parking citation, processing, collection, or issuance.
The examiner shall be separate and independent from the citation
collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines
collected by the examiner.
   (B) Examiners shall have a minimum of 20 hours of training. The
examiner is responsible for the costs of the training. The issuing
agency may reimburse the examiner for those costs. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. Training programs may include
topics relevant to the administrative hearing, including, but not
limited to, applicable laws and regulations, parking enforcement
procedures, due process, evaluation of evidence, hearing procedures,
and effective oral and written communication. Upon the approval of
the governing board of the issuing agency, up to 12 hours of relevant
experience may be substituted for up to 12 hours of training. In
addition, up to eight hours of the training requirements described in
this subparagraph may be credited to an individual, at the
discretion of the governing board of the issuing agency, based upon
training programs or courses described in (i) to (iv), inclusive,
that the individual attended within the last five years.
   (5) The officer or person who issues a notice of parking violation
shall not be required to participate in an administrative hearing.
The issuing agency shall not be required to produce any evidence
other than the notice of parking violation or copy thereof and
information received from the Department of Motor Vehicles
identifying the registered owner of the vehicle. The documentation in
proper form shall be prima facie evidence of the violation.
   (6) The examiner's decision following the administrative hearing
may be personally delivered to the person by the examiner or sent by
first-class mail, and, if the notice is not cancelled, include a
written reason for that denial.
   (7) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, allow payment
of the parking penalty in installments, or an issuing agency may
allow for deferred payment or allow for payments in installments, if
the person provides evidence satisfactory to the examiner or the
issuing agency, as the case may be, of an inability to pay the
parking penalty in full. If authorized by the governing board of the
issuing agency, the examiner may permit the performance of community
service in lieu of payment of a parking penalty.
   (d) The provisions of this section relating to the administrative
appeal process do not apply to an issuing agency that is a law
enforcement agency if the issuing agency does not also act as the
processing agency.
  SEC. 17.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.