BILL NUMBER: SB 783 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Ashburn
FEBRUARY 27, 2009
An act to amend Section 285 of the Vehicle Code, relating
to vehicles. An act to amend Section 185033 of the
Public Utilities Code, relating to high-speed rail, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 783, as amended, Ashburn. Vehicles: dealer.
High-speed rail.
Existing law creates the High-Speed Rail Authority with specified
powers and duties relating to the development and implementation of
an intercity high-speed rail system. Existing law requires the
authority to prepare and to submit to the Legislature a revised
business plan containing specified elements by September 1, 2008.
This bill would require the authority to prepare an expanded
business plan addressing specified elements prior to seeking bond
funding for the 2009-10 fiscal year pursuant to the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century, which was
approved as Proposition 1A by the voters at the November 4, 2008,
statewide general election. The bill would require the authority to
submit a draft of the expanded business plan to the Legislature by
September 1, 2009, and to adopt the plan at its January 2010
regularly scheduled meeting, following at least one public hearing.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law defines a dealer, among other things, as a person,
not expressly excluded, who for commission, money, or other thing of
value, sells, exchanges, buys, or offers for sale, negotiates or
attempts to negotiate, a sale or exchange of an interest in, a
vehicle subject to registration, a motorcycle, snowmobile, or
all-terrain vehicle subject to identification under the code, or a
trailer.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 185033 of the Public
Utilities Code is amended to read:
185033. (a) The authority shall prepare,
publish, and submit to the Legislature, not later than September 1,
2008, a revised business plan that identifies all of the following:
the type of service it anticipates it will develop, such as local,
express, commuter, regional, or interregional; a description of the
primary benefits the system will provide; a forecast of the
anticipated patronage, operating costs, and capital costs for the
system; an estimate and description of the total anticipated federal,
state, local, and other funds the authority intends to access to
fund the construction and operation of the system; and the proposed
chronology for the construction of the eligible corridors of the
statewide high-speed train system. The revised business plan shall
also include a discussion of all reasonably foreseeable risks the
project may encounter, including, but not limited to, risks
associated with the project's finances, patronage, construction,
equipment, and technology, and other risks associated with the
project's development. The plan shall describe the authority's
strategies, processes, or other actions it intends to utilize to
manage those risks.
(b) (1) Prior to seeking an allocation of bond funding pursuant to
the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
Century (Chapter 20 (commencing with Section 2704) of Division 3 of
the Streets and Highways Code) for the 2009-10 fiscal year, the
authority shall prepare an expanded business plan that includes, but
is not limited to, all of the following elements:
(A) Using the most recent patronage forecast for the system,
develop a forecast of the expected patronage and service levels for
the Phase 1 corridor as identified in paragraph (2) of subdivision
(b) of Section 2704.04 of the Streets and Highways Code and by each
segment for which a project level environmental analysis is being
prepared for Phase 1. The forecast shall assume a high, medium, and
low level of patronage and a realistic operating planning scenario
for each level of service. Alternative fare structures shall be
considered when determining the level of patronage.
(B) Based on the patronage forecast in subparagraph (A), develop
alternative financial pro formas for the different levels of service,
and identify the operating break-even points for each alternative.
Each pro forma shall assume the terms of subparagraph (J) of
paragraph (2) of subdivision (c) of Section 2704.08 of the Streets
and Highways Code.
(C) Identify the expected schedule for completing environmental
review, and initiating and completing construction for each segment
of Phase 1.
(D) Identify the source of federal, state, and local funds
available for the project that will augment funds from the bond act
and the level of confidence for obtaining each type of funding.
(E) Identify written agreements with public or private entities to
fund components of the high-speed rail system, including stations
and terminals, any impediments to the completion of the system, such
as the inability to gain access to existing railroad rights-of-way.
(F) Identify alternative public-private development strategies for
the implementation of Phase 1.
(2) A draft of the expanded business plan shall be submitted to
the Senate Committee on Transportation and Housing and the Assembly
Committee on Transportation on or before September 1, 2009.
(3) The authority shall hold at least one public hearing on the
expanded business plan and shall adopt the expanded plan at its
regularly scheduled meeting in January 2010. When adopting the plan,
the authority shall take into consideration comments from the public
hearing and written comments that it receives in that regard, and any
hearings that the Legislature may hold prior to adoption of the
expanded plan.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide for the expeditious development of an expanded
business plan to govern the implementation of a high-speed rail
system for the state, it is necessary that this act take effect
immediately.
SECTION 1. Section 285 of the Vehicle Code is
amended to read:
285. "Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells,
exchanges, buys, or offers for sale, negotiates or attempts to
negotiate, a sale or exchange of an interest in, a vehicle subject to
registration, a motorcycle, snowmobile, or all-terrain vehicle
subject to identification under this code, or a trailer subject to
identification pursuant to Section 5014.1, or induces or attempts to
induce a person to buy or exchange an interest in a vehicle and, who
receives or expects to receive a commission, money, brokerage fees,
profit, or any other thing of value, from either the seller or
purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling
vehicles or buying or taking in trade, vehicles for the purpose of
resale, selling, or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not the vehicles are owned
by the person.