BILL NUMBER: AB 2752 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 14, 2014
AMENDED IN SENATE JUNE 19, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
INTRODUCED BY Committee on Transportation (Lowenthal (Chair),
Achadjian, Ammiano, Bloom, Bonta, Buchanan, Daly, Frazier, Gatto,
Holden, Linder, Logue, Nazarian, Patterson, Quirk-Silva, and Waldron)
MARCH 19, 2014
An act to amend Sections 14534 and 65089.2 of the Government Code,
to amend Section 22031 of the Public Contract Code, to amend
Sections 40333 and 99502 of the Public Utilities Code, to amend
Sections 301, 334, 355, 532, and 721 of the Streets and Highways
Code, and to amend Sections 2403.5, 5004.3, 9250.14, 15210, 27360,
34500, 34501.2, and 38020 of the Vehicle Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2752, as amended, Committee on Transportation. Transportation.
(1) Existing law provides for the adoption of the state
transportation improvement program by the California Transportation
Commission and for the adoption of a congestion management program by
specified local agencies. Existing law specifies the duties of the
Secretary of Transportation with regard to these programs.
This bill would correct obsolete references in these provisions.
(2) Existing law establishes contracting procedures for local
agencies to follow when engaged in public works projects, with
different procedures applicable to contracts depending on the value
of the contract. Existing law provides that competitive bidding may
be dispensed with on certain types of lower value contracts, where
work may be awarded under what are commonly known as force account or
day labor provisions. Existing law imposes an annual limit on the
amount of contracting for new road construction and reconstruction
work that may done by day labor under certain force account
provisions.
This bill would revise the provisions governing new county road
construction and reconstruction work done by day labor under force
account provisions to exclude from the annual limit force account
work necessary to administer private contracts, while including force
account work necessary to administer work performed by county
employees. The bill would make other related changes.
(3) Existing law establishes the State Highway System and
designates state highway routes from Route 1 to Route 980, unless
otherwise specified by name, and authorizes the California
Transportation Commission to relinquish all or a portion of
designated state highway routes to specified local agencies,
including the City of Oxnard and City of Newport Beach, if certain
conditions are met. Portions of state highways that have been
relinquished are not state highways and become ineligible for future
adoption as a part of the State Highway System.
This bill would acknowledge the relinquishment of specific
portions of Routes 1, 34, and 232, to the City of Oxnard and the
relinquishment of a specific portion of Route 55 to the City of
Newport Beach, and would make other technical changes.
(4) Existing law requires the Department of Motor Vehicles to
establish the California Legacy License Plate Program, under which
license plates are issued that replicate the look of license plates
from the state's past. Existing law provides for payment of certain
fees by an applicant for various services related to issuance of
these plates, in addition to regular vehicle registration fees.
This bill would allow an applicant for legacy plates, upon payment
of associated fees, to request that the plate contain a particular
combination of letters or numbers, or both. The bill would require
payment of a fee of $38 when the holder of a legacy plate containing
a particular combination retains the plate but does not renew a
vehicle's registration.
(5) Existing law authorizes a county, upon the adoption of a
resolution by its board of supervisors, to impose a fee of $1 on all
motor vehicles, except as provided, in addition to other fees imposed
for the registration of a vehicle, and an additional service fee of
$2 on specified commercial motor vehicles. After specified
deductions are made, existing law continuously appropriates money
collected from these fees for disbursement by the Controller to each
county that has adopted a resolution to fund local programs relating
to vehicle theft crimes. Existing law requires the Controller to
annually prepare and submit to the Legislature a revenue and
expenditure summary for each participating county.
This bill would require the Controller to post the annual revenue
and expenditure summary on the Controller's Internet Web Site instead
of submitting the annual revenue and expenditure summary to the
Legislature.
(6) Existing law requires the Department of the California Highway
Patrol to regulate the safe operation of certain classes of
vehicles, including certain trucks and buses. Existing law includes
within these responsibilities a truck or a combination of a truck and
any other vehicle when transporting hazardous materials.
This bill would instead refer to any vehicle or combination of
vehicles transporting hazardous materials.
(7) 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.
This bill would also exempt a driver employed by a local publicly
owned electric utility, as defined, from those hours-of-service
regulations. The bill would exempt a driver hired directly as a
contractor by one of the above-described exempted entities or by a
local publicly owned electric utility, and a driver hired directly as
a subcontractor by the original contractor, from hours-of-service
regulations while operating a vehicle for the purpose of restoring
utility service during an emergency, as defined, on behalf of the
exempted entity.
(8) Existing law prohibits a person from operating, transporting,
or leaving standing certain off-highway motor vehicles if the vehicle
is not registered with the Department of Motor Vehicles or
identified under certain provisions relating to off-highway vehicles,
unless identified, as specified.
This bill would delete the transportation of certain off-highway
motor vehicles from the prohibition described above.
(9) The bill would also correct various other obsolete references
and erroneous cross-references and make other related changes.
(10) This bill would incorporate additional changes to Section
34500 of the Vehicle Code made by this bill and SB 611, to take
effect if both bills are chaptered and this bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14534 of the Government Code is amended to
read:
14534. Upon the adoption of the state transportation improvement
program, the Secretary of Transportation, the commission, and the
department shall act in accordance with the program in carrying out
their respective powers and duties, except as otherwise provided by
law.
The existing adopted state transportation improvement program
shall remain in effect until a new state transportation improvement
program is adopted by the commission.
SEC. 2. Section 65089.2 of the Government Code is amended to read:
65089.2. (a) Congestion management programs shall be submitted to
the regional agency. The regional agency shall evaluate the
consistency between the program and the regional transportation plans
required pursuant to Section 65080. In the case of a multicounty
regional transportation planning agency, that agency shall evaluate
the consistency and compatibility of the programs within the region.
(b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section 65082.
If the regional agency finds the program is inconsistent, it may
exclude any project in the congestion management program from
inclusion in the regional transportation improvement program.
(c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Sections 182.6 and 182.7 of the Streets and
Highways Code in a county unless a congestion management program has
been adopted by December 31, 1992, as required pursuant to Section
65089. No surface transportation program funds or congestion
mitigation and air quality funds shall be programmed for a project in
a local jurisdiction that has been found to be in nonconformance
with a congestion management program pursuant to Section 65089.5
unless the agency finds that the project is of regional significance.
(2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal census
or a subsequent federal census, within a county which previously did
not include an urbanized area, a congestion management program as
required pursuant to Section 65089 shall be adopted within a period
of 18 months after designation by the Governor.
(d) (1) It is the intent of the Legislature that the regional
agency, when its boundaries include areas in more than one county,
should resolve inconsistencies and mediate disputes that arise
between agencies related to congestion management programs adopted
for those areas.
(2) It is the further intent of the Legislature that disputes that
may arise between regional agencies, or agencies that are not within
the boundaries of a multicounty regional transportation planning
agency, should be mediated and resolved by the Secretary of
Transportation, or an employee of the Transportation Agency
designated by the secretary, in consultation with the air pollution
control district or air quality management district within whose
boundaries the regional agency or agencies are located.
(e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management program
of the county where the facility is located. If a dispute arises
involving a local jurisdiction, the agency may request the regional
agency to mediate the dispute through procedures pursuant to
subdivision (d). Failure to resolve the dispute does not invalidate
the congestion management program.
SEC. 3. Section 22031 of the Public Contract Code is amended to
read:
22031. (a) Prior to January 1, 2013, this article shall not
prohibit a board of supervisors or a county road commissioner from
utilizing, as an alternative to the procedures set forth in this
article, the procedures set forth in Article 25 (commencing with
Section 20390) of Chapter 1.
(b) On or after January 1, 2013, this article shall not prohibit a
board of supervisors or a county road commissioner from utilizing,
as an alternative to the procedures set forth in this article, the
procedures set forth in Article 25 (commencing with Section 20390) of
Chapter 1 for both of the following:
(1) Maintenance and emergency work.
(2) New road construction and road reconstruction as long as the
total value of the new road construction and the road reconstruction
performed under the procedures set forth in subdivision (c) of
Section 20395 during a fiscal year does not exceed 30 percent of the
total value of all work performed by force account other than
maintenance as reported in the Controller's Streets and Roads Annual
Report as of March 1 of each year prior to the fiscal year.
(c) The value of force account work necessary to facilitate
capital projects for the purpose of contracting to the private
sector, including design, engineering, inspection, testing, and other
force account work necessary to administer private contracts, shall
be excluded from the 30-percent limit in subdivision (b).
(d) The value of force account work necessary to facilitate
projects performed by county employees, including design,
engineering, inspection, testing, and other force account work
necessary to administer work performed under subdivision (b), shall
apply to the 30-percent limit in subdivision (b).
(e) On or after January 1, 2013, for a county with a population of
less than 50,000, this article shall not prohibit a board of
supervisors or a county road commissioner from utilizing, as an
alternative to the procedures set forth in this article, the
procedures set forth in Article 25 (commencing with Section 20390) of
Chapter 1.
(f) The requirements set forth in Section 22038 shall apply to any
county subject to this section.
(g) Any county board of supervisors or county road commissioner
acting pursuant to the authority granted in paragraph (2) of
subdivision (b) shall publicly declare its intention to use this
authority prior to commencing work. The public declaration may be on
a project-by-project basis, via a list of anticipated projects for
the fiscal year, or via a list that may be included in the county's
annual budget.
SEC. 4. Section 40333 of the Public Utilities Code is amended to
read:
40333. The taxes authorized by this article shall not be imposed
unless the board shall have authorized it by ordinance adopted by a
vote of two-thirds of all members of the board and the ordinance
shall be approved by two-thirds of the votes cast by the qualified
electors of the district voting on the proposition at an election
called for that purpose. The board, in the ordinance, shall state the
nature of the tax to be imposed, shall provide the tax rate or rates
or the maximum tax rate or rates, and shall specify the purposes for
which the revenue derived from the tax will be used.
SEC. 5. Section 99502 of the Public Utilities Code is amended to
read:
99502. (a) The tax may be imposed by the adoption of an ordinance
by a taxing entity if (1) it calls a special election for the
submission of a proposition to grant it the authority to impose the
tax pursuant to the ordinance and (2) two-thirds of the voters voting
at the special election approves the proposition. The special
election may be held only when consolidated with an otherwise
scheduled state election or local election for an area that includes
the area under the jurisdiction of the taxing entity. In the case of
the City of Los Angeles, it may call the special election only after
securing the approval of the Los Angeles County Metropolitan
Transportation Authority.
(b) Where two or more taxing entities have jurisdiction over the
same area and are authorized pursuant to subdivision (a) to impose
the tax under this chapter, the tax shall be imposed only by the
taxing entity with the largest area under its jurisdiction.
SEC. 6. Section 301 of the Streets and Highways Code is amended to
read:
301. Route 1 is from:
(a) Route 5 south of San Juan Capistrano to Route 101 near El Rio
except for the portions of Route 1 relinquished:
(1) Within the city limits of the City of Dana Point between the
western edge of the San Juan Creek Bridge and Eastline Road at the
city limits of the City of Laguna Beach.
(2) Within the city limits of the City of Newport Beach between
Jamboree Road and Newport Coast Drive.
(3) Within the city limits of the City of Santa Monica between the
southern city limits and Route 10.
(4) Within the city limits of the City of Oxnard between Pleasant
Valley Road and Route 101.
(b) Route 101 at Emma Wood State Beach, 1.3 miles north of Route
33, to Route 101, 2.8 miles south of the Ventura-Santa Barbara county
line at Mobil Pier Undercrossing.
(c) Route 101 near Las Cruces to Route 101 in Pismo Beach via the
vicinity of Lompoc, Vandenberg Air Force Base, and Guadalupe.
(d) Route 101 in San Luis Obispo to Route 280 south of San
Francisco along the coast via Cambria, San Simeon, and Santa Cruz.
(e) Route 280 near the south boundary of the City and County of
San Francisco to Route 101 near the approach to the Golden Gate
Bridge in San Francisco.
(f) Route 101 near the southerly end of Marin Peninsula to Route
101 near Leggett via the coast route through Jenner and Westport.
(g) The relinquished former portions of Route 1 within the Cities
of Dana Point, Newport Beach, Santa Monica, and Oxnard are not state
highways and are not eligible for adoption under Section 81. For
those relinquished former portions of Route 1, the Cities of Dana
Point, Newport Beach, Santa Monica, and Oxnard shall maintain within
their respective jurisdictions signs directing motorists to the
continuation of Route 1. The City of Newport Beach shall ensure the
continuity of traffic flow on the relinquished portions of Route 1
within its jurisdiction, including, but not limited to, any traffic
signal progression.
SEC. 7. Section 334 of the Streets and Highways Code is amended to
read:
334. (a) Route 34 is from Rice Avenue in the City of Oxnard to
Route 118 near Somis.
(b) The relinquished former portions of Route 34 within the City
of Oxnard are not state highways and are not eligible for adoption
under Section 81. For those relinquished former portions of Route 34,
the City of Oxnard shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 34.
SEC. 8. Section 355 of the Streets and Highways Code is amended to
read:
355. (a) Route 55 is from the south end of Newport Beach Channel
Bridge to Route 91 in Santa Ana Canyon.
(b) The relinquished former portions of Route 55 within the City
of Newport Beach are not state highways and are not eligible for
adoption under Section 81. For the relinquished former portions of
Route 55, the City of Newport Beach shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
55. The City of Newport Beach shall ensure the continuity of traffic
flow on the relinquished former portions of Route 1 within its
jurisdiction, including, but not limited to, any traffic signal
progression.
SEC. 9. Section 532 of the Streets and Highways Code is amended to
read:
532. (a) Route 232 is from Route 101 near El Rio to Route 118
near Saticoy.
(b) The relinquished former portions of Route 232 within the City
of Oxnard are not state highways and are not eligible for adoption
under Section 81. For those relinquished former portions of Route
232, the City of Oxnard shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 232.
SEC. 10. Section 721 of the Streets and Highways Code is amended
to read:
721. The department may immediately remove from any state highway
any encroachment that:
(a) Is not removed, or the removal of which is not commenced and
thereafter diligently prosecuted, prior to the expiration of five
days from and after the service of the notice.
(b) Obstructs or prevents the use of the highway by the public.
(c) Consists of refuse.
(d) Is an advertising sign of any description, unless excepted by
Section 670.
SEC. 11. Section 2403.5 of the Vehicle Code is amended to read:
2403.5. The commissioner, or a designated representative, may
enter into reciprocal operational agreements with authorized
representatives of the Oregon State Police, the Nevada Department of
Motor Vehicles and Public Safety, and the Arizona Department of
Public Safety to promote expeditious and effective law enforcement
service to the public, and assistance between the members of the
California Highway Patrol and those agencies, in areas adjacent to
the borders of this state and each of the adjoining states pursuant
to Section 830.39 of the Penal Code. The reciprocal operational
agreement shall be in writing and may cover the reciprocal exchange
of law enforcement services, resources, facilities, and any other
necessary and proper matters between the Department of the California
Highway Patrol and the respective agency. Any agreement shall
specify the involved departments, divisions, or units of the
agencies, the duration and purpose of the agreement, the
responsibility for damages, the method of financing any joint or
cooperative undertaking, and the methods to be employed to terminate
an agreement. The commissioner may establish operational procedures
in implementation of any reciprocal operational agreement that are
necessary to achieve the purposes of the agreement.
SEC. 12. Section 5004.3 of the Vehicle Code is amended to read:
5004.3. (a) Subject to subdivision (d), the department shall
establish the California Legacy License Plate Program and create and
issue a series of specialized license plates known as California
Legacy License Plates that replicate the look of California license
plates from the state's past. The design of the plates shall be
identical, to the extent the department determines it to be
reasonably feasible under current manufacturing processes, to a
regular license plate, except as provided in subdivision (b).
(b) The California Legacy License Plates shall consist of one or
more of the following designs:
(1) Yellow background with black lettering per the appearance of
California license plates issued by the department from 1956 to 1962,
inclusive.
(2) Black background with yellow lettering per the appearance of
California license plates issued by the department from 1965 to 1968,
inclusive.
(3) Blue background with yellow lettering per the appearance of
California license plates issued by the department from 1969 to 1986,
inclusive.
(c) An applicant for the specialized license plates described in
subdivision (a), who shall be the owner or lessee of the vehicle on
which the plates will be displayed, may choose to either accept a
license plate character sequence assigned by the department or
request a combination of letters or numbers or both, subject to
Section 5105.
(d) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
specialized license plates:
(1) Fifty dollars ($50) for the original issuance of the plates.
(2) Forty dollars ($40) for a renewal of registration with the
plates.
(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(4) Thirty-five dollars ($35) for each substitute replacement
plate.
(5) Thirty-eight dollars ($38), when the payment of renewal fees
is not required as specified in Section 4000 and the holder of the
specialized license plates retains the plates. The fee shall be due
at the expiration of the registration year of the vehicle to which
the specialized license plates were assigned. This paragraph shall
not apply when a plate character sequence is assigned by the
department pursuant to subdivision (c).
(e) Sections 5106 and 5108 do not apply to the specialized license
plates issued pursuant to this section.
(f) The department shall not issue California Legacy License
Plates for a vehicle that is exempt from the payment of registration
fees pursuant to Section 9101 or 9103.
(g) (1) The department shall not establish the California Legacy
License Plate Program until the department has received not less than
7,500 paid applications for plates. The department shall collect and
hold applications for the plates. The department shall not issue a
specialized license plate until it has received not less than 7,500
paid applications for any one of the particular plates within the
time period prescribed in this section.
(2) The department shall have until January 1, 2015, to receive
the required number of applications. If, after that date, 7,500 paid
applications have not been received for any one of the three plates
described in subdivision (b), the department shall immediately refund
to all applicants all fees or deposits that have been collected.
(h) (1) Upon a determination by the department that there are
sufficient funds for the program, moneys shall be available, upon
appropriation by the Legislature, to the department for the necessary
administrative costs of establishing the California Legacy License
Plate Program.
(2) After deducting its administrative costs under this
subdivision, the department shall deposit any additional revenue
derived from the issuance, renewal, transfer, retention, and
substitution of the specialized license plates into the California
Environmental License Plate Fund, for appropriation by the
Legislature pursuant to existing law.
SEC. 13. Section 9250.14 of the Vehicle Code is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) (A) If a county has adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in
the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller, as provided in paragraph (1).
(B) If a county has not adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may instead
adopt a fee of two dollars ($2) in the manner prescribed in
paragraph (1).
(C) A resolution to impose a fee of two dollars ($2) pursuant to
subparagraph (A) or (B) shall be submitted to the department at least
six months prior to the operative date of the fee increase.
(3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) or (B) of
paragraph (2), the fee specified in paragraph (3) shall be increased
to four dollars ($4). The four dollars ($4) shall be paid at the time
of registration or renewal of registration of a vehicle, and
quarterly to the Controller as provided in paragraph (1).
(B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B)
of paragraph (2) shall be submitted to the department at least six
months prior to the operative date of the fee increase.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys paid to the Controller are continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
moneys shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those crimes.
(d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds, nor for
any purpose not authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The amount of funds received and expended by the county under
subdivision (b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected pursuant to this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
(i) (1) On or before January 1, 2013, and on or before January 1
of each year, the Controller shall provide to the Department of the
California Highway Patrol copies of the yearend reports submitted by
the counties under subdivision (g) and, in consultation with the
Department of the California Highway Patrol, shall review the fiscal
yearend reports submitted by each county pursuant to subdivision (g)
to determine if fee revenues are being utilized in a manner
consistent with this section. If the Controller determines that the
use of the fee revenues is not consistent with this section, the
Controller shall consult with the participating counties' designated
regional coordinators. If the Controller determines that use of the
fee revenues is still not consistent with this section, the authority
to collect the fee by that county shall be suspended for one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) If the Controller determines that a fee shall be suspended for
a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 of each year that the authority to
collect a fee for that county is suspended.
(j) On or before January 1 of each year, the Controller shall
prepare and post on the Controller's Internet Web site a revenue and
expenditure summary for each participating county that includes all
of the following:
(1) The total revenues received by each county.
(2) The total expenditures by each county.
(3) The unexpended revenues for each county.
(k) For the purposes of this section, a county-designated regional
coordinator is that agency designated by the participating county's
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.
SEC. 14. Section 15210 of the Vehicle Code is amended to read:
15210. Notwithstanding any other provision of this code, as used
in this chapter, the following terms have the following meanings:
(a) "Commercial driver's license" means a driver's license issued
by a state or other jurisdiction, in accordance with the standards
contained in Part 383 of Title 49 of the Code of Federal Regulations,
which authorizes the licenseholder to operate a class or type of
commercial motor vehicle.
(b) (1) "Commercial motor vehicle" means any vehicle or
combination of vehicles that requires a class A or class B license,
or a class C license with an endorsement issued pursuant to paragraph
(2), (3), (4), or (5) of subdivision (a) of Section 15278.
(2) "Commercial motor vehicle" does not include any of
the following:
(A) A recreational vehicle, as defined in Section 18010 of the
Health and Safety Code.
(B) An implement of husbandry operated by a person who is not
required to obtain a driver's license under this code.
(C) Vehicles operated by persons exempted pursuant to Section
25163 of the Health and Safety Code or a vehicle operated in an
emergency situation at the direction of a peace officer pursuant to
Section 2800.
(c) "Controlled substance" has the same meaning as defined by the
federal Controlled Substances Act (21 U.S.C. Sec. 802).
(d) "Conviction" means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court costs, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.
(e) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(f) "Driving a commercial vehicle under the influence" means
committing any one or more of the following unlawful acts in a
commercial motor vehicle:
(1) Driving a commercial motor vehicle while the operator's
blood-alcohol concentration level is 0.04 percent or more, by weight
in violation of subdivision (d) of Section 23152.
(2) Driving under the influence of alcohol, as prescribed in
subdivision (a) or (b) of Section 23152.
(3) Refusal to undergo testing as required under this code in the
enforcement of Subpart D of Part 383 or Subpart A of Part 392 of
Title 49 of the Code of Federal Regulations.
(g) "Employer" means any person, including the United States, a
state, or political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns drivers to operate that vehicle.
A person who employs himself or herself as a commercial vehicle
driver is considered to be both an employer and a driver for purposes
of this chapter.
(h) "Fatality" means the death of a person as a result of a motor
vehicle accident.
(i) "Felony" means an offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year.
(j) "Gross combination weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a combination or
articulated vehicle. In the absence of a value specified by the
manufacturer, gross vehicle weight rating will be determined by
adding the gross vehicle weight rating of the power unit and the
total weight of the towed units and any load thereon.
(k) "Gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle, as
defined in Section 350.
(l) "Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health, property, or
the environment may occur before the reasonable foreseeable
completion date of a formal proceeding begun to lessen the risk of
death, illness, injury, or endangerment.
(m) "Noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles that is not included within the
definition in subdivision (b).
(n) "Nonresident commercial driver's license" means a commercial
driver's license issued to an individual by a state under one of the
following provisions:
(1) The individual is domiciled in a foreign country.
(2) The individual is domiciled in another state.
(o) "Schoolbus" is a commercial motor vehicle, as defined in
Section 545.
(p) "Serious traffic violation" includes any of the following:
(1) Excessive speeding, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570) involving any
single offense for any speed of 15 miles an hour or more above the
posted speed limit.
(2) Reckless driving, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving in the
manner described under Section 2800.1, 2800.2, or 2800.3, including,
but not limited to, the offense of driving a commercial motor
vehicle in willful or wanton disregard for the safety of persons or
property.
(3) A violation of a state or local law involving the safe
operation of a motor vehicle, arising in connection with a fatal
traffic accident.
(4) A similar violation of a state or local law involving the safe
operation of a motor vehicle, as defined pursuant to the Commercial
Motor Vehicle Safety Act (Title XII of P.L. 99-570).
(5) Driving a commercial motor vehicle without a commercial driver'
s license.
(6) Driving a commercial motor vehicle without the driver having
in his or her possession a commercial driver's license, unless the
driver provides proof at the subsequent court appearance that he or
she held a valid commercial driver's license on the date of the
violation.
(7) Driving a commercial motor vehicle when the driver has not met
the minimum testing standards for that vehicle as to the class or
type of cargo the vehicle is carrying.
(8) Driving a commercial motor vehicle while using an electronic
wireless communication device to write, send, or read a text-based
communication, as defined in Section 23123.5.
In the absence of a federal definition, existing definitions under
this code shall apply.
(q) "State" means a state of the United States or the District of
Columbia.
(r) "Tank vehicle" means a commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank or
tanks having an individual rated capacity of more than 119 gallons
and an aggregate rated capacity of at least 1,000 gallons that is
permanently or temporarily attached to the vehicle or the chassis,
including, but not limited to, cargo tanks and portable tanks, as
defined in Part 171 of Title 49 of the Code of Federal Regulations. A
commercial motor vehicle transporting an empty storage container
tank not designed for transportation, with a rated capacity of at
least 1,000 gallons that is temporarily attached to a flatbed
trailer, is not a tank vehicle.
SEC. 15. Section 27360 of the Vehicle Code is amended to read:
27360. (a) Except as provided in Section 27363, a parent, legal
guardian, or driver shall not transport on a highway in a motor
vehicle, as defined in paragraph (1) of subdivision (c) of Section
27315, a child or ward who is under eight years of age, without
properly securing that child in a rear seat in an appropriate child
passenger restraint system meeting applicable federal motor vehicle
safety standards.
(b) Subdivision (a) does not apply to a driver if the parent or
legal guardian of the child is also present in the motor vehicle and
is not the driver.
SEC. 16. Section 34500 of the Vehicle Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, and general public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) Any vehicle, or a combination of vehicles, transporting
hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
SEC. 16.5. Section 34500 of the Vehicle
Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, modified limousines, and general
public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) A truck, Any vehicle, or a
combination of a truck and any other vehicle,
vehicles, transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
SEC. 17. 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) A driver employed by an electrical corporation, as defined
in Section 218 of the Public Utilities Code, a local publicly owned
electric utility, as defined in Section 224.3 of that 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.
(B) A driver hired directly as a contractor by an electrical
corporation, a local publicly owned electric utility, a gas
corporation, a telephone corporation, a water corporation, or a
public water district, as those entities are defined in subparagraph
(A), or as a subcontractor hired directly by the original contractor,
is exempt from all hours-of-service regulations while operating a
vehicle for the purpose of restoring utility service during an
emergency on behalf of the entity that hired the original contractor.
The driver 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.
(C) For purposes of subparagraph (B), "emergency" means a sudden,
unexpected occurrence involving a clear and imminent danger,
demanding immediate action to prevent or mitigate loss of, or damage
to, life, health, property, or essential public services."Unexpected
occurrence" includes, but is not limited to, fires, floods,
earthquakes or other soil or geologic movements, riots, accidents,
inclement weather, natural disaster, sabotage, or other occurrence,
whether natural or man-made, that interrupts the delivery of
essential services, such as electricity, medical care, sewer, water,
telecommunications, and telecommunication transmissions, or otherwise
immediately threatens human life or public welfare.
(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. 18. Section 38020 of the Vehicle Code is amended to read:
38020. Except as otherwise provided in this division, a person
shall not operate or leave standing an off-highway motor vehicle
subject to identification under this code that is not registered
under the provisions of Division 3 (commencing with Section 4000),
unless it is identified under the provisions of this chapter. A
violation of this section is an infraction. Riding in violation of
seasons established by Section 2412(f) and 2415 of Title 13 of the
California Code of Regulations constitutes a violation of this
section. This section shall not apply to the operation,
transportation, or leaving standing of an off-highway vehicle
pursuant to a valid special permit.
SEC. 19. Section 16.5 of this bill incorporates
amendments to Section 34500 of the Vehicle Code proposed by this bill
and Senate Bill 611. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 34500 of the Vehicle Code, and (3) this
bill is enacted after Senate Bill 611, in which case Section 34500 of
the Vehicle Code, as amended by Senate Bill 611, shall remain
operative only until the operative date of this bill, at which time
Section 16.5 of this bill shall become operative, and Section 16 of
this bill shall not become operative.