BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2679
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  Trans. Com.
                                                         VERSION: 6/25/12
          Analysis by:  Mark Stivers                     FISCAL:  yes
          Hearing date:  July 3, 2102



          SUBJECT:

          Transportation omnibus bill

          DESCRIPTION:

          This bill makes non-controversial changes to sections of law 
          relating to transportation.

          ANALYSIS:

          According to the Legislative Analyst, the cost of producing a 
          bill in 2001-02 was $17,890.  By combining multiple matters into 
          one bill, the Legislature can make minor changes to law in the 
          most cost-effective manner.

           This bill  includes the following provisions:

          1.Caltrans claims İSection 1].  Existing law authorizes the 
            Department of Transportation (Caltrans) to pay claims or 
            damages up to a maximum of $5,000 without approval of the 
            California Victim Compensation and Government Claims Board 
            (CVCGC).  In the past, this threshold has been aligned with 
            the limit for filing a claim in small claims court.  In recent 
            years, however, the Legislature has increased the small claims 
            court limit on two occasions while Caltrans' threshold has 
            not.  As a result, many "small claims" that Caltrans could 
            handle efficiently must be referred to the CVCGC.  Referral to 
            CVCGC frequently leads to the filing of a lawsuit, thereby 
            necessitating the involvement of Caltrans' legal staff at 
            substantially increased cost.  This bill pegs the threshold 
            under which Caltrans may pay claims without involving its 
            attorneys at the small claims court limit.  İSubmitted by the 
            Assembly Transportation Committee]

          2.Bicycles on capital grounds İSection 2].  Under current law it 
            a misdemeanor to ride a bike on the sidewalks of the state 
            capital to access the bike racks near the doors.  This bill 




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            makes it legal to ride a bike on capital walkways that the 
            California Highway Patrol has designated as access routes to 
            bicycle parking, provided that the bicycle is ridden in a 
            manner that is reasonable and prudent having due regard for 
            pedestrians, weather, visibility, the traffic on, and the 
            surface and width of, the area's grounds.  İSubmitted by the 
            Senate Transportation and Housing Committee]

          3.Updating agency names İSections 3, 7, 8, and 16].  The former 
            Imperial Valley Association of Governments is now the Imperial 
            County Transportation Commission, and the former Los Angeles 
            County Transportation Commission is now the Los Angeles County 
            Metropolitan Transportation Authority (Metro).  This bill 
            updates the statutory references to these two agencies.  
            İSubmitted by the Assembly Transportation Committee]
          4.Using the term "disabled" İSections  4-6, 9, 11-15, and 17].  
            This bill updates the Transportation Development Act to 
            replace the term "handicapped" with the term "disabled."  
            İSubmitted by the Assembly Transportation Committee]

          5.Correcting a drafting error İSection 10].  In 2009, AB 1219 
            (Evans), Chapter 143, Statutes of 2009, allowed the  Solano 
            Transportation Authority (STA) to file a claim with the 
            transportation planning agency for up to 2% of local 
            transportation funds available to the county and city members 
            of the authority for countywide transit planning and 
            coordination.  AB 1219 erroneously cited STA's allotment as 2% 
            when, in fact, STA's allotment has been 2.7% since 2004.  This 
            bill corrects this drafting error and aligns the statutory 
            allotment distribution with current practice.  İSubmitted by 
            Solano Transportation Authority]

          6.Gas-tax swap cleanup İSections 18 and 19].  This bill aligns 
            the adjustment dates of the gasoline and diesel fuel sales tax 
            prepayment rates with the excise tax rate adjustments for both 
            gasoline and diesel fuel enacted in the fuel tax swap of AB 
            105 (Committee on Budget), Chapter 6, Statutes of 2011.  The 
            dates would be changed so that when there are adjustments to 
            the gasoline and diesel fuel excise tax rates, they would also 
            be accounted for in the sales tax prepayment rate, thereby 
            reducing the time and costs associated with adjusting the 
            rates at two different times for both the Board of 
            Equalization (BOE) and the affected motor vehicle fuel 
            suppliers.  The bill also allows the BOE to notify fuel 
            vendors of a new prepayment rate by means other than mail and 
            makes a clarifying reference to the additional sales tax on 




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            diesel fuel set to take effect on July 1, 2011.  İSubmitted by 
            Board of Equalization]

          7.Highway relinquishments İSections 20-33].  Current law 
            relinquishes numerous portions of the state highway systems to 
            cities and counties.  This bill cleans up the relinquishment 
            statutes to reflect those relinquishments that have already 
            occurred and those that will not occur.  The bill also allows 
            the California Transportation Commission to relinquish to the 
            City of Watsonville a portion of State Route 152 within the 
            city limits upon terms and conditions the commission finds to 
            be in the best interests of the state.  İSubmitted by the 
            Assembly Transportation Committee and City of Watsonville]

          8.Schoolbus stops İSections 34-36].  Current law requires 
            schoolbus drivers to load or unload pupils only at stops 
            designated by a school district superintendent.  This bill 
            additionally authorizes private school officials to designate 
            schoolbus stops.  The bill also requires the California 
            Highway Patrol to approve any stops on highways with speed 
            limits greater than 25 miles per hour if the stop is not 
            visible for 500 feet in either direction.  İSubmitted by 
            Assemblyman Mike Feuer]

          9.Release of impounded vehicles İSection 37].  Current law 
            allows a peace officer to impound a vehicle if the driver is 
            unlicensed or driving with a suspended or revoked license.  In 
            order for the vehicle to be released from impound, the 
            registered owner, or the registered owner's agent, must 
            present a valid driver's license and proof of current vehicle 
            registration.  It is not clear, however, whether the owner 
            must present the documents to the law enforcement agency that 
            caused the impound or to the garage operator.  This bill 
            clarifies that the law enforcement agency must confirm the 
            validity of the license and registration and authorize the 
            release of the impounded vehicle.  İSubmitted by California 
            Highway Patrol (CHP)]

          10.        Seatbelt warning for older used vehicles İSection 
            38].  Current law requires new car dealers to warn the buyers 
            of older used vehicles (model years 1972-1990) about the lack 
            of shoulder harnesses attached to the seat belts.  The New Car 
            Dealers Association suggests that this requirement is obsolete 
            and should be repealed because no new car dealers sell such 
            vehicles.  İSubmitted by the New Car Dealers Association]





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          11.        Clarifying definitions İSection 39].  This bill 
            clarifies that a "slide back carrier" is a tow truck and 
            replace the term "conventional trailer" with "trailer."  
            İSubmitted by California Highway Patrol]

          COMMENTS:

           1.Purpose of the bill  .  The Assembly Housing and Community 
            Development Committee is authoring this bill as a means of 
            combining multiple, non-controversial changes to statutes into 
            one bill, so that the Legislature can make minor amendments in 
            a cost-effective manner.  There is no known opposition to any 
            item in the bill, and if concerns arise that cannot be 
            resolved, the provision of concern will be deleted from the 
            bill.
          
           2.Additional provision  .  The author will propose an amendment in 
            committee to add one additional provision requested by the 
            California Trucking Association relating to rear license 
            plates.  Current law generally requires that rear license 
            plates be mounted not less than 12 inches nor more than 60 
            inches from the ground.  With respect to dump trucks that have 
            a load-bearing swing arm mechanism that lowers off the rear of 
            the vehicle, it is not possible to display a license plate 
            legally in this manner without obstructing the view of the 
            license plate.  To ensure visibility, the amendment allows the 
            rear license plate on a dump bed motor truck equipped with a 
            trailing, load bearing swing axle to be mounted more than 12 
            inches but not more than 107 inches from the ground.  
                
            3.Technical amendments  :

                 On page 24, line 20 after the second comma insert 
               "Rialto," 
                 On page 27, lines 30-31 strike "in the County of 
               Riverside"
                 On page 27, lines 34-35 strike "in the County of 
               Riverside"
                 Strike Section 38 relating to seatbelt warnings for 
               older used vehicles.

          Assembly Votes:

               Floor:    75-0
               Appr: 17-0
               R&T:    8-0




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               Trans:    14-0

          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday, 
                     June 27, 2012)

               SUPPORT:  Board of Equalization
          
               OPPOSED:  None received.