Amended in Assembly April 17, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 298

Introduced by Assembly Member Pan

February 12, 2013

An act to amend Section begin delete 12804.9 end delete begin insert 22877 end insert of begin delete , and to add Division 16.2 (commencing with Section 37000) to, the Vehicle Code, relating to vehicles. end delete begin insert the Government Code, relating to the Rural Health Care Equity Program. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 298, as amended, Pan. begin delete Vehicles: farm vehicles: federal compliance. end delete begin insert Rural Health Care Equity Program. end insert

begin insert

Existing law, until July 3, 2010, or earlier upon a specified finding, established the Rural Health Care Equity Program for the purpose of funding the subsidization and reimbursement of premium costs, deductibles, coinsurance, and other out-of-pocket health care expenses paid by state employees of State Bargaining Unit 5 living in rural areas, as defined. Existing law provided for funding and reimbursement provisions for purposes of the program. Existing law provided that the program would be operative only to the extent that funding was provided in the annual Budget Act or another statute and solely for the benefit of employees of State Bargaining Unit 5.

end insert begin insert

The bill would reestablish the Rural Health Care Equity Program until January 1, 2015, or to an earlier date upon a specified finding, and would extend the benefits to all employees and annuitants living in rural areas. This bill would provide that the program would be operative only to the extent that funding is provided in the annual Budget Act.

end insert begin delete

Under existing law, the Department of the California Highway Patrol is required to regulate the safe operation of certain vehicles, including specified commercial motor vehicles, and adopt regulations that are designed to promote the safe operation of those vehicles regarding, among other things, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, inspection, and maintenance. Existing law requires that hours-of-service regulations for drivers of those vehicles be consistent with the hours-of-service regulations adopted by the United States Department of Transportation.

end delete begin delete

Under existing law, a vehicle with a gross vehicle weight rating of less than 26,000 pounds may be operated without a commercial driver’s license under certain circumstances, including when it is operated by a farmer or an employee of a farmer and used exclusively in the conduct of agricultural operations.

end delete begin delete

Existing federal law, the Moving Ahead for Progress in the 21st Century Act, defines covered farm vehicles, in part, as vehicles that are operated by farm or ranch owners or operators, transport to or from a farm or ranch agricultural commodities, livestock, machinery, or farm supplies, and may be over 26,000 pounds under certain circumstances. Under existing law, covered farm vehicles, and individuals who operate those vehicles, are exempt from federal requirements relating to commercial driver’s license standards, drug testing, medical certificates, hours of service for drivers, and vehicle inspections, repair, and maintenance, as specified. The act also exempts, during planting and harvest seasons, an individual who is transporting agricultural commodities or farm supplies to locations that are within 150 air miles from the source of those commodities or distribution point of those supplies, as specified, from federal requirements relating to hours of service for those drivers.

end delete begin delete

This bill would exempt covered farm vehicles, defined pursuant to federal law, from state laws relating to commercial driver’s license standards, drug testing, medical certificates, hours commencing of service for drivers, and vehicle inspections, repair, and maintenance to conform to federal law. This bill would additionally exempt, during planting and harvest seasons, a driver who is transporting agricultural commodities or farm supplies, as specified, from state laws relating to hours of service of drivers to conform to federal law.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 22877 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

22877.  

(a) As used in this section, the following definitions
shall apply:

(1) “Coinsurance” means the provision of a health benefit plan
design that requires the health benefit plan and state employee begin insert or
annuitant end insert to share the cost of hospital or medical expenses at a
specified ratio.

(2) “Deductible” means the annual amount of out-of-pocket
medical expenses that a state employee begin insert or annuitant end insert must pay
before the health benefit plan begins paying for expenses.

(3) “Program” means the Rural Health Care Equity Program.

(4) “Rural area” means an area in which there is no
board-approved health maintenance organization plan available
for enrollment by state employees begin insert or annuitants end insert residing in the
area.

(b) (1) The Rural Health Care Equity Program is hereby
established for the purpose of funding the subsidization and
reimbursement of premium costs, deductibles, coinsurance, and
other out-of-pocket health care expenses paid by eligible employees
begin insert or annuitants end insert living in rural areas that would otherwise be covered
if the state employee begin insert or annuitant end insert was enrolled in a board-approved
health maintenance organization plan. The program shall be
administered by the Department of begin delete Personnel Administration end delete
begin insert Human Resources end insert or by a third-party administrator approved by
the Department of begin delete Personnel Administration end delete begin insert Human Resources end insert in
a manner consistent with all applicable state and federal laws. The
board shall determine the rural area for each subsequent fiscal
year, at the same time that premiums for health maintenance
organization plans are approved.

(2) Separate accounts shall be maintained within the program
for all of the following:

(A) Employees, as defined in subdivision (c) of Section 3513.

(B) Excluded employees, as defined in subdivision (b) of Section
3527.

begin insert

(C) State annuitants.

end insert

(c) Moneys in the program shall be allocated to the respective
accounts as follows:

(1) The contribution provided by the state with respect to each
employee, as defined in subdivision (c) of Section 3513, who lives
in a rural area and is otherwise eligible, shall be an amount
determined through the collective bargaining process.

(2) The contribution provided by the state with respect to each
excluded employee, as defined in subdivision (b) of Section 3527,
who lives in a rural area and is otherwise eligible, shall be an
amount equal to, but not to exceed, the amount contributed pursuant
to paragraph (1).

begin insert

(3) The contribution provided by the state with respect to each
state annuitant who lives in a rural area, is not a Medicare
participant, resides in California, and is otherwise eligible, shall
be an amount not to exceed five hundred dollars ($500).

end insert begin insert

(4) The contribution provided by the state with respect to each
annuitant who lives in a rural area, resides in California,
participates in a supplemental Medicare health benefit plan, and
is otherwise eligible, shall be an amount equal to the Medicare
Part B premiums incurred by the annuitant, not to exceed
seventy-five dollars ($75) per month. The program may not
reimburse for penalty amounts.

end insert begin delete

(3)

end delete

begin insert (5) end insert  If an eligible employee enters or leaves service with the state
during a fiscal year, contributions for the employee shall be made
on a pro rata basis. begin delete A similar computation shall be used for anyone
entering or leaving the bargaining unit, including a person who
enters State Bargaining Unit 5 by promotion during a fiscal year. end delete

(d) Each fund of the State Treasury, other than the General
Fund, shall reimburse the General Fund for any sums allocated
pursuant to subdivision (c) for employees whose compensation is
paid from that fund. That reimbursement shall be accomplished
using the following methodology:

(1) On or before December 1 of each year, the Department of
begin delete Personnel Administration end delete begin insert Human Resources end insert shall provide a list
of active state employees who participated in the program during
the previous fiscal year to each employing department.

(2) On or before January 15 of each year, each department that
employed an active state employee identified by the Department
of begin delete Personnel Administration end delete begin insert Human Resources end insert as a participant in
the program shall provide the Department of begin delete Personnel
Administration end delete begin insert Human Resources end insert with a list of the funds used to
pay each employee’s salary, along with the proportion of each
employee’s salary attributable to each fund.

(3) Using the information provided by the employing
departments, the Department of begin delete Personnel Administration end delete begin insert Human
Resources end insert shall compile a list of program payments attributable
to each fund. On or before February 15 of each year, the
Department of begin delete Personnel Administration end delete begin insert Human Resources end insert shall
transmit this list to the Department of Finance.

(4) The Department of Finance shall certify to the Controller
the amount to be transferred from the unencumbered balance of
each fund to the General Fund.

(5) The Controller shall transfer to the General Fund from the
unencumbered balance of each impacted fund the amount specified
by the Department of Finance.

(6) To ensure the equitable allocation of costs, the Director of
the Department of begin delete Personnel Administration end delete begin insert Human Resources end insert or
the Director of Finance may require an audit of departmental
reports.

begin insert

(e) For any sums allocated pursuant to subdivision (c) for
annuitants, funds, other than the General Fund, shall be charged
a fair share of the contribution provided by the state in accordance
with the provisions of Article 2 (commencing with Section 11270)
of Chapter 3 of Part 1 of Division 3. On or before July 31 of each
year, the Department of Human Resources shall provide the
Department of Finance with the total costs allocated for annuitants
in the previous fiscal year. The reported costs may not include
expenses that have been incurred but not claimed as of July 31.

end insert begin insert

(f) Notwithstanding any other law and subject to the availability
of funds, moneys within the program shall be disbursed for the
benefit of eligible annuitants. The disbursements shall either
reimburse the annuitant, if not a Medicare participant, for some
or all of the deductible incurred by the annuitant or a family
member, not to exceed five hundred dollars ($500) per fiscal year,
or reimburse the annuitant, if a Medicare participant, for Medicare
Part B premiums incurred by the annuitant, not to exceed
seventy-five dollars ($75) per month. The program may not
reimburse for penalty amounts. These reimbursements shall be
provided by the Department of Human Resources. Notwithstanding
any other law, any annuitant who cannot be located within a period
of three months and whose disbursement is returned to the
Controller as unclaimed is ineligible to participate in the program.

end insert begin delete

(e)

end delete

begin insert (g) end insert  Notwithstanding any other law and subject to the availability
of funds, moneys within the program shall be disbursed for the
benefit of eligible employees. The disbursements shall subsidize
the preferred provider plan premiums for the employee by an
amount equal to the difference between the weighted average of
board-approved health maintenance organization premiums and
the lowest board-approved preferred provider plan premium
available under this part, and reimburse the employee for a portion
or all of his or her incurred deductible, coinsurance, and other
out-of-pocket health-related expenses that would otherwise be
covered if the employee and his or her family members were
enrolled in a board-approved health maintenance organization
plan. These subsidies and reimbursements shall be provided as
determined by the Department of begin delete Personnel Administration, end delete begin insert Human
Resources, end insert which may include, but is not limited to, a supplemental
insurance plan, a medical reimbursement account, or a medical
spending account plan.

begin delete

(f)

end delete

begin insert (h) end insert  Subject to subdivision begin delete (h), end delete begin insert (j), end insert moneys remaining in an
account of the program at the end of any fiscal year shall remain
in the account for use in subsequent fiscal years, until the account
is terminated. Moneys remaining in a program account upon
termination, after payment of all expenses and claims incurred
prior to the date of termination, shall be deposited in the General
Fund.

begin delete

(g)

end delete

begin insert (i) end insert  The Legislature finds and declares that the program shall be
operated for the exclusive benefit of begin delete employees of State Bargaining
Unit 5. end delete begin insert employees, annuitants, and family members. end insert

begin delete

(h)

end delete

begin insert (j) end insert  This section shall be operative only to the extent that funding
is provided in the annual Budget Act or another begin delete statute and solely
for the benefit of employees of State Bargaining Unit 5. end delete begin insert statute. end insert

begin delete

(i)

end delete

begin insert (k) end insert  This section shall cease to be operative on begin delete July 3, 2010, end delete
begin insert January 1, 2015, end insert or on an earlier date if the board makes a formal
determination that health maintenance organization plans are no
longer the most cost-effective health benefit plans offered by the
board.

begin delete end delete begin delete

(j) Notwithstanding any other law, on and after July 1, 2009,
the benefits of the Rural Health Care Equity Program shall be
available only to employees in State Bargaining Unit 5, and shall
not be available to any other employees. Pursuant to subdivision
(f), any moneys that remain in the accounts of the program on July
1, 2009, other than moneys attributable to employees in State
Bargaining Unit 5 on that date, shall be deposited in the General
Fund. Benefits of the Rural Health Care Equity Program shall
cease to be available to employees in State Bargaining Unit 5, on
and after July 3, 2010, and any moneys remaining in the accounts
of the program shall be deposited in the General Fund.

end delete begin delete end delete

begin delete

SECTION 1.  

Section 12804.9 of the Vehicle Code is amended
to read:

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
the provisions of this code governing the operation of vehicles
upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for any applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. The examining officer may refuse to examine an
applicant who is unable to provide proof of financial responsibility
for the vehicle, unless proof of financial responsibility is not
required by this code.

(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating of more than 10,000 pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating of more than
26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle
with a gross vehicle weight rating of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a
trailer or semitrailer with a gross vehicle weight rating of 10,000
pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license
upon completion of that written examination.

(G) (i) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

(I) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

(II) Is used exclusively in the conduct of agricultural operations.

(III) Is not used in the capacity of a for-hire carrier or for
compensation.

(ii) A covered farm vehicle, as defined in Section 37002.

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may
be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold any driver certificate or any driver’s license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking any special examination
for the operation of a motorized bicycle, and without having a
class M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination
required for a class B license when operating vanpool vehicles. In
order to be eligible to drive the vanpool vehicle, the driver shall
keep in the vanpool vehicle a statement, signed under penalty of
perjury, that he or she has not been convicted of reckless driving,
drunk driving, or a hit-and-run offense in the last five years.

SEC. 2.  

Division 16.2 (commencing with Section 37000) is
added to the Vehicle Code, to read:

 

Division 16.2.  FARM VEHICLES

 

37000.  

This division may be known and cited as the Federal
Motor Carrier Safety Administration Conformance Act of 2013.

37001.  

The Legislature finds and declares that the purpose of
this division is to conform state law with the federal Moving Ahead
for Progress in the 21st Century Act (Public Law 112-141), which
exempts covered farm vehicles and individuals operating covered
farm vehicles from certain provisions of federal law.

37002.  

For purposes of this division, a “covered farm vehicle”
means a vehicle that meets all of the following criteria:

(a) Is traveling in the state.

(b) Is operated by a farm owner or operator, a ranch owner or
operator, or an employee or family member of a farm owner or
operator or a ranch owner or operator

(c) Is used to transport to or from a farm or ranch agricultural
commodities, livestock, machinery, or supplies.

(d) Is not used in the operations of a for-hire motor carrier,
unless the vehicle is operated pursuant to a crop share farm lease
agreement, owned by a tenant with respect to that agreement, and
transporting the landlord’s portion of the crops under that
agreement.

(e) Is equipped with a special license plate pursuant to Section
5014 or is otherwise registered with the state.

(f) Has a gross vehicle weight rating or gross vehicle weight,
whichever is greater, that is less than 26,001 pounds, unless the
vehicle travels solely within the state or travels within 150 air miles
of the farm or ranch where the vehicle is being operated.

37003.  

A covered farm vehicle, and an individual operating a
covered farm vehicle, is exempt from all of the following:

(a) Any state law, including Section 12804.9 and Chapter 7
(commencing with Section 15200) of Division 6, or requirements
relating to commercial driver’s license standards that were adopted
to conform to Chapter 313 (commencing with Section 31301) of
Title 49 of the United States Code and the regulations adopted
pursuant to those provisions (Part 383 of Title 49 of the Code of
Federal Regulations).

(b) Any state law, including Chapter 7 (commencing with
Section 15200) of Division 6 and Division 14.8 (commencing with
Section 34500), or requirements relating to controlled substances
and alcohol use and testing that were adopted to conform to
Chapter 313 (commencing with Section 31301) of Title 49 of the
United States Code and the regulations adopted pursuant to those
provisions (Part 382 of Title 49 of the Code of Federal
Regulations).

(c) Any state law, including Section 12804.9, or requirements
relating to medical certificates and physical qualifications and
examinations that were adopted to conform to Subchapter III of
Chapter 311 (commencing with Section 31131) and Chapter 313
(commencing with Section 31301) of Title 49 of the United States
Code and the regulations adopted pursuant to those provisions
(Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations).

(d) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to hours of service of
drivers that were adopted to conform to Subchapter III of Chapter
311 (commencing with Section 31131) and Chapter 315
(commencing with Section 31501) of Title 49 of the United States
Code and the regulations adopted pursuant to those provisions
(Part 395 of Title 49 of the Code of Federal Regulations), as those
regulations now exist or are hereafter amended.

(e) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to vehicle inspection,
repair, and maintenance that were adopted to conform to
Subchapter III of Chapter 311 (commencing with Section 31131)
and Chapter 315 (commencing with Section 31501) of Title 49 of
the United States Code and the regulations adopted pursuant to
those provisions (Part 396 of Title 49 of the Code of Federal
Regulations).

37004.  

(a) A driver of a vehicle that does not meet the
conditions in Section 37003 is, during planting and harvest seasons,
exempt from any state law, including Division 14.8 (commencing
with Section 34500), relating to hours of service of drivers used
by motor carriers that were adopted to conform to Section 31136
or 31502 of Title 49 of the United States Code and the regulations
adopted pursuant to those provisions (Part 395 of Title 49 of the
Code of Federal Regulations), if one of the following conditions
is met:

(1) The driver is transporting agricultural commodities from
the source of the agricultural commodities to a location within a
150 air-mile radius from the source.

(2) The driver is transporting farm supplies for agricultural
purposes from the wholesale or retail distribution point of the farm
supplies to a farm or other location where the farm supplies are
intended to be used within a 150 air-mile radius from the
distribution point.

(3) The driver is transporting farm supplies for agricultural
purposes from a wholesale distribution point of the farm supplies
to a retail distribution point of the farm supplies within a 150
air-mile radius from the wholesale distribution point.

(b) The Secretary of Food and Agriculture shall publish a
planting and harvest season for each agricultural commodity grown
in the state. Subdivision (a) shall not be effective until the secretary
has published a planting and harvest season for that commodity.

end delete