Amended in Assembly August 14, 2013

Amended in Assembly June 10, 2013

Amended in Senate April 18, 2013

Senate Bill No. 788

Introduced by Committee on Transportation and Housing (Senators DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani, Hueso, Lara, Liu, Pavley, Roth, and Wyland)

February 22, 2013

An act to amend Section 21080 of the Public Resources Code, to amend Section 6480.1 of the Revenue and Taxation Code, to amend Sections 301, 319, 325, 339, 349, 358, 366, 368, 374, 382, 386, 430, 622.1, and 890.4 of, and to repeal Section 301.2 of, the Streets and Highways Code, and to amend Sections 585, 5022, 5023, 5068, 5072, 5101.7, 5106, 12517.1, 14606, and 42007 of, to add Sections 385.2 and 385.3 to, and to repeal Sections 378 and 379 of, the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 788, as amended, Committee on Transportation and Housing. Transportation.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. Existing law exempts certain activities from CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities.

This bill would define the term “highway” for these purposes.

(2) Existing law requires that on July 1 of each succeeding year, the prepayment rate of the retail sales tax per gallon for aircraft jet fuel, rounded to the nearest $0.005, be established by the State Board of Equalization based upon 80% of the combined state and local sales tax rate, as specified, on the arithmetic average selling price, excluding sales and state excise taxes, as determined by the board. Existing law requires the board to make its determination of the rate no later than March 1 of the year prior to the effective date of the new rate. Existing law requires that immediately upon making its determination and setting of the rate, the board must each year, no later than May 1, notify every supplier, wholesaler, and retailer of aircraft jet fuel. Existing law permits the board to readjust the rate in the event the price of aircraft jet fuel decreases or increases, and the established rate results in prepayments that consistently exceed or are significantly lower than the retailers’ sales tax liability.

This bill would revise the provision that requires the board to make its determination of the rate no later than March 1 of the year prior to the effective date of the new rate, and instead would require this determination to be made no later than March 1 of the same year as the effective date of the new rate. The bill would make other conforming changes.

(3) Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies.

This bill would authorize the commission to relinquish portions of State Highway Routes 68, 74, and 86 to local agencies under certain conditions. This bill would also authorize the commission to relinquish a portion of State Highway Route 25 in the City of Hollister to that city prior to relocation of that route to a proposed new easterly bypass alignment, under certain conditions, and would thereafter require the commission to adopt the new bypass alignment into the state highway system, as specified. This bill would revise the descriptions of certain authorized state highway routes to reflect implementation of previously-authorized relinquishments. This bill would repeal an existing requirement that the City of Auburn ensure the continuity of traffic flow, including any traffic signal progression, on a former portion of State Highway Route 49 previously relinquished to it. The bill would make other related changes.

(4) Existing law defines “bikeway” for certain purposes to mean all facilities that provide primarily for bicycle travel. Existing law categorizes bikeways into 3 classes of facilities.

This bill would make various modifications to these provisions.

(5) Existing law defines the terms “logging dolly,” “logging vehicle,” “station wagon,” and “schoolbus accident” for purposes of the Vehicle Code.

This bill would renumber certain of these provisions and revise the definitions of logging dolly, station wagon, and schoolbus accident.

(6) Existing law authorizes the Department of Motor Vehicles to issue various specialized license plates, including license plates commemorating the Olympics. Existing law also provides for the issuance of substitute or duplicate Olympic license plates under certain conditions, and for issuance of Olympic plates as environmental license plates with a special series of letters or numbers. Existing law allows an existing holder of Olympic license plates to renew them or transfer them to another vehicle.

This bill would provide that substitute or duplicate Olympic license plates shall not be available beginning on January 1, 2014. The bill would provide for the department to issue regular series plates whenever holders of Olympic plates request substitute or duplicate plates, and, in that regard, would also authorize holders of Olympic plates issued as environmental license plates to apply for other special license plates to be issued with the same combination of letters or numbers as appear on their Olympic plates. The bill would make other conforming changes.

(7) Existing law provides for certain revenues derived from Olympic license plates to be deposited in the California Olympic Training Account in the General Fund. Existing law requires the Controller to annually transfer the moneys in that account to the General Fund.

This bill would instead provide for deposit of those revenues directly into the General Fund.

(8) Existing law also authorizes the Department of Motor Vehicles to issue specialized license plates for veterans’ associations and to fund child health and safety programs. Existing law requires payment of an additional specified charge for personalization of these plates.

This bill would provide that these specialized license plates are not subject to the payment of another charge generally applicable to personalization of license plates.

(9) Existing law prohibits a person from employing, hiring, knowingly permitting, or authorizing any person to drive a motor vehicle owned by him or her or under his or her control upon the highways unless that person is licensed for the appropriate class of vehicle to be driven. Existing law requires that whenever a person fails to qualify, on reexamination, to operate a commercial motor vehicle, an employer shall report that failure to the Department of Motor Vehicles within 10 days. Existing law requires that, until January 30, 2014, if a driver has no medical certification status information in the Commercial Driver License Information System motor vehicle record obtained from the driver’s state licensing agency, the employing motor carrier may accept as proof of medical certification a medical examiner’s certificate issued to that driver prior to January 30, 2012. Existing law, operative January 1, 2014, requires an employer to obtain from a driver required to have a commercial driver’s license or commercial endorsement a copy of the driver’s medical certification before allowing the driver to operate a commercial motor vehicle. Existing law requires the employer to retain the certification as part of a driver qualification file.

This bill would change the provision with an operative date of January 1, 2014, to instead become operative on January 30, 2014.

(10) Existing law allows an individual convicted of a traffic offense to attend a traffic violator school course under certain circumstances. Completion of the course results in confidentiality of the conviction on the driving record, except in the case of an individual with a commercial driver’s license, in which case completion of the course results in a nonconfidential conviction with no violation points on the driving record. Existing law requires the courts, in a courtesy notice sent to a driver with a traffic citation, to include specified information on the effect on the driving record of attending a traffic violator school course.

This bill would revise the text of the required courtesy notice to reflect the distinction between noncommercial and commercial driver’s licenses.

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 21080 of the Public Resources Code is
amended to read:

21080.  

(a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance
of zoning variances, the issuance of conditional use permits, and
the approval of tentative subdivision maps unless the project is
exempt from this division.

(b) This division does not apply to any of the following
activities:

(1) Ministerial projects proposed to be carried out or approved
by public agencies.

(2) Emergency repairs to public service facilities necessary to
maintain service.

(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property
or facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government
Code.

(4) Specific actions necessary to prevent or mitigate an
emergency.

(5) Projects which a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any
thermal powerplant site or facility, including the expenditure,
obligation, or encumbrance of funds by a public agency for
planning, engineering, or design purposes, or for the conditional
sale or purchase of equipment, fuel, water (except groundwater),
steam, or power for a thermal powerplant, if the powerplant site
and related facility will be the subject of an environmental impact
report, negative declaration, or other document, prepared pursuant
to a regulatory program certified pursuant to Section 21080.5,
which will be prepared by the State Energy Resources Conservation
and Development Commission, by the Public Utilities Commission,
or by the city or county in which the powerplant and related facility
would be located if the environmental impact report, negative
declaration, or document includes the environmental impact, if
any, of the action described in this paragraph.

(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games
under the authority of the International Olympic Committee, except
for the construction of facilities necessary for the Olympic games.

(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public agencies
which the public agency finds are for the purpose of (A) meeting
operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements,
(D) obtaining funds for capital projects necessary to maintain
service within existing service areas, or (E) obtaining funds
necessary to maintain those intracity transfers as are authorized
by city charter. The public agency shall incorporate written findings
in the record of any proceeding in which an exemption under this
paragraph is claimed setting forth with specificity the basis for the
claim of exemption.

(9) All classes of projects designated pursuant to Section 21084.

(10) A project for the institution or increase of passenger or
commuter services on rail or highway rights-of-way already in
use, including modernization of existing stations and parking
facilities. For purposes of this paragraph, “highway” shall have
the same meaning as defined in Section 360 of the Vehicle Code.

(11) A project for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.

(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.

(13) A project for the development of a regional transportation
improvement program, the state transportation improvement
program, or a congestion management program prepared pursuant
to Section 65089 of the Government Code.

(14) Any project or portion thereof located in another state
which will be subject to environmental impact review pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. Sec.
4321 et seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment
in this state are subject to this division.

(15) Projects undertaken by a local agency to implement a rule
or regulation imposed by a state agency, board, or commission
under a certified regulatory program pursuant to Section 21080.5.
Any site-specific effect of the project which was not analyzed as
a significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.

(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be prepared
for the proposed project in either of the following circumstances:

(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.

(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed
negative declaration and initial study are released for public review
would avoid the effects or mitigate the effects to a point where
clearly no significant effect on the environment would occur, and
(B) there is no substantial evidence, in light of the whole record
before the lead agency, that the project, as revised, may have a
significant effect on the environment.

(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall
be prepared.

(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts
on the environment.

(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c)
are infeasible or otherwise undesirable. In those circumstances,
the lead agency, prior to approving the project, may delete those
mitigation measures and substitute for them other mitigation
measures that the lead agency finds, after holding a public hearing
on the matter, are equivalent or more effective in mitigating
significant effects on the environment to a less than significant
level and that do not cause any potentially significant effect on the
environment. If those new mitigation measures are made conditions
of project approval or are otherwise made part of the project
approval, the deletion of the former measures and the substitution
of the new mitigation measures shall not constitute an action or
circumstance requiring recirculation of the mitigated negative
declaration.

(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary
to avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency’s approval of the
negative declaration and project shall be invalid and a new
environmental review process shall be conducted before the project
can be reapproved, unless the lead agency substitutes a new
condition that the lead agency finds, after holding a public hearing
on the matter, is equivalent to, or more effective in, lessening or
avoiding significant effects on the environment and that does not
cause any potentially significant effect on the environment.

SEC. 2.  

Section 6480.1 of the Revenue and Taxation Code is
amended to read:

6480.1.  

(a) At any time that motor vehicle fuel tax or diesel
fuel tax is imposed or would be imposed, but for the dyed diesel
fuel exemption in paragraph (1) of subdivision (a) of Section
60100, or the train operator exemption in paragraph (7) of
subdivision (a) of Section 60100 or paragraph (11) of subdivision
(a) of Section 7401, or, pursuant to subdivision (f) of Section 6480,
would be deemed to be imposed, on any removal, entry, or sale in
this state of motor vehicle fuel, aircraft jet fuel, or diesel fuel, the
supplier shall collect prepayment of retail sales tax from the person
to whom the motor vehicle fuel, aircraft jet fuel, or diesel fuel is
sold. However, if no sale occurs at the time of imposition of motor
vehicle fuel tax or diesel fuel tax, the supplier shall prepay the
retail sales tax on that motor vehicle fuel, aircraft jet fuel, or diesel
fuel. The prepayment required to be collected by the supplier
constitutes a debt owed by the supplier to this state until paid to
the board, until satisfactory proof has been submitted to prove that
the retailer of the fuel has paid the retail sales tax to the board, or
until a supplier or wholesaler who has consumed the fuel has paid
the use tax to the board. Each supplier shall report and pay the
prepayment amounts to the board, in a form as prescribed by the
board, in the period in which the fuel is sold. On each subsequent
sale of that fuel, each seller, other than the retailer, shall collect
from his or her purchaser a prepayment computed using the rate
applicable at the time of sale. Each supplier shall provide his or
her purchaser with an invoice for, or other evidence of, the
collection of the prepayment amounts which shall be separately
stated thereon.

(b) (1) A wholesaler shall collect prepayment of the retail sales
tax from the person to whom the motor vehicle fuel, aircraft jet
fuel, or diesel fuel is sold. Each wholesaler shall provide his or
her purchaser with an invoice for or other evidence of the collection
of the prepayment amounts, which shall be separately stated
thereon.

(2) Each wholesaler shall report to the board, in a form as
prescribed by the board and for the period in which the motor
vehicle fuel, aircraft jet fuel, or diesel fuel was sold, all of the
following:

(A) The number of gallons of fuel sold and the amount of sales
tax prepayments collected by the wholesaler.

(B) The number of tax-paid gallons purchased and the amount
of sales tax prepayments made by the wholesaler.

(C) In the event that the amount of sales tax prepayments
collected by the wholesaler is greater than the amount of sales tax
prepayments made by the wholesaler, then the excess constitutes
a debt owed by the wholesaler to the state until paid to the board,
or until satisfactory proof has been submitted that the retailer of
the fuel has paid the tax to the board.

(c) A supplier or wholesaler who pays the prepayment and issues
a resale certificate to the seller, but subsequently consumes the
motor vehicle fuel, aircraft jet fuel, or diesel fuel, shall be entitled
to a credit against his or her sales and use taxes due and payable
for the period in which the prepayment was made, provided that
he or she reports and pays the use tax to the board on the
consumption of that fuel.

(d) The amount of a prepayment paid by the retailer or a supplier
or wholesaler who has consumed the motor vehicle fuel, aircraft
jet fuel, or diesel fuel to the seller from whom he or she acquired
the fuel shall constitute a credit against his or her sales and use
taxes due and payable for the period in which the sale was made.
Failure of the supplier or wholesaler to report prepayments or the
supplier’s or wholesaler’s failure to comply with any other duty
under this article shall not constitute grounds for denial of the
credit to the retailer, supplier, or wholesaler, either on a temporary
or permanent basis or otherwise. To be entitled to the credit, the
retailer, supplier, or wholesaler shall retain for inspection by the
board any receipts, invoices, or other documents showing the
amount of sales tax prepaid to his or her supplier, together with
the evidence of payment.

(e) The rate of the prepayment required to be collected during
the period from July 1, 1986, through March 31, 1987, shall be
four cents ($0.04) per gallon of motor vehicle fuel distributed or
transferred.

(f) The rate of prepayment required to be collected for motor
vehicle fuel, aircraft jet fuel, and diesel fuel as established by the
board in effect on January 1, 2013, shall remain in effect through
June 30, 2013.

(g) On July 1 of each succeeding year, the prepayment rate per
gallon for motor vehicle fuel, rounded to the nearest one-half of
one cent ($0.005), of the required prepayment shall be established
by the board based upon 80 percent of the combined state and local
sales tax rate established by Sections 6051, 6051.2, 6051.3, 6051.5,
7202, and 7203.1, and Section 35 of Article XIII of the California
Constitution on the arithmetic average selling price (excluding
sales tax) as reported by an industry publication of all grades of
gasoline sold through a self-service gasoline station. The board
shall make its determination of the rate no later than March 1 of
the same year as the effective date of the new rate. Immediately
upon making its determination and setting of the rate, the board
shall each year, no later than May 1, notify every supplier,
wholesaler, and retailer of motor vehicle fuel. In the event the price
of fuel decreases or increases or an exemption from sales tax for
sales of fuel is enacted, and the established rate results in or could
result in prepayments which consistently exceed or are significantly
lower than the retailers’ sales tax liability, the board may readjust
the rate.

(h) On July 1 of each succeeding year, the prepayment rate per
gallon for aircraft jet fuel, rounded to the nearest one-half of one
cent ($0.005), shall be established by the board based upon 80
percent of the combined state and local sales tax rate established
by Sections 6051, 6051.2, 6051.3, 6051.5, 7202, and 7203.1, and
Section 35 of Article XIII of the California Constitution on the
arithmetic average selling price (excluding sales and state excise
taxes) as determined by the board based on published industry
reports. The board shall make its determination of the rate no later
than March 1 of the same year as the effective date of the new rate.
Immediately upon making its determination and setting of the rate,
the board shall each year, no later than May 1, notify every
supplier, wholesaler, and retailer of aircraft jet fuel. In the event
the price of aircraft jet fuel decreases or increases, and the
established rate results in prepayments that consistently exceed or
are significantly lower than the retailers’ sales tax liability, the
board may readjust the rate.

(i) On July 1 of each succeeding year, the prepayment rate per
gallon for diesel fuel, rounded to the nearest one-half of one cent
($0.005), shall be established by the board based upon 80 percent
of the combined state and local sales tax rate established by
Sections 6051, 6051.2, 6051.3, 6051.5, 6051.8, 7202, and 7203.1,
and Section 35 of Article XIII of the California Constitution on
the arithmetic average selling price (excluding sales and state
excise taxes) as determined by the board based on published
industry reports. The board shall make its determination of the rate
no later than March 1 of the same year as the effective date of the
new rate. Immediately upon making its determination and setting
of the rate, the board shall each year, no later than May 1, notify
every supplier, wholesaler, and retailer of diesel fuel. In the event
the rate of sales tax imposed on sales of diesel fuel increases or
decreases or the price of diesel fuel decreases or increases, and the
established rate results in or could result in prepayments that
consistently exceed or are significantly lower than the retailers’
sales tax liability, the board may readjust the rate.

(j) (1) Notwithstanding any other provision of this section,
motor vehicle fuel sold by a supplier or wholesaler to a qualified
purchaser who, pursuant to a contract with the State of California
or its instrumentalities, resells that fuel to the State of California
or its instrumentalities shall be exempt from the prepayment
requirements.

(2) A qualified purchaser who acquires motor vehicle fuel for
subsequent resale to the State of California or its instrumentalities
pursuant to this subdivision shall furnish to the supplier or
wholesaler from whom the fuel is acquired an exemption
certificate, completed in accordance with any instructions or
regulations as the board may prescribe. The supplier or wholesaler
shall retain the certificate in his or her records in support of the
exemption. To qualify for the prepayment exemption, both of the
following conditions shall apply:

(A) The qualified purchaser does not take possession of the fuel
at any time.

(B) The fuel is delivered into storage tanks owned or leased by
the State of California or its instrumentalities via facilities of the
supplier or wholesaler, or by common or contract carriers under
contract with the supplier or wholesaler.

(3) For purposes of this subdivision, “qualified purchaser” means
a wholesaler who does not have or maintain a storage facility or
facilities for the purpose of selling motor vehicle fuel.

SEC. 3.  

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.

(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, and Santa Monica 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, and Santa Monica 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.

(h) The commission may relinquish to the City of Oxnard the
portion of Route 1 that is located within the city limits of that city
and is between Pleasant Valley Road and Route 101, upon terms
and conditions the commission finds to be in the best interests of
the state, if the commission and the city enter into an agreement
providing for that relinquishment.

(1) A relinquishment under this subdivision shall become
effective immediately after the county recorder records the
relinquishment resolution that contains the commission’s approval
of the terms and conditions of the relinquishment.

(2) On and after the effective date of the relinquishment, that
portion of Route 1 relinquished shall cease to be a state highway
and may not be considered for future adoption under Section 81.

(3) For portions of Route 1 relinquished under this subdivision,
the City of Oxnard shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 1.

SEC. 4.  

Section 301.2 of the Streets and Highways Code is
repealed.

SEC. 5.  

Section 319 of the Streets and Highways Code is
amended to read:

319.  

(a) Route 19 is from the northern city limit of the City
of Lakewood to Gardendale Street/Foster Road in the Cities of
Bellflower and Downey.

(b) If the commission determines it is in the state’s best interests
to do so, it may do the following, pursuant to a cooperative
agreement between the respective city and the department:

(1) Relinquish to the City of Bellflower the portion of Route 19
between the city’s southerly city limit near Rose Avenue and
Gardendale Street/Foster Road.

(2) Relinquish to the City of Downey the portion of Route 19
between the city’s southerly city limit at Century Boulevard and
Gardendale Street.

(c) A relinquishment under this section shall become effective
when the county recorder records the relinquishment resolution
containing the commissioner’s approval of the relinquishment’s
terms and conditions.

(d) Any portion of Route 19 relinquished pursuant to this section
shall cease to be a state highway on the effective date of the
relinquishment.

(e) The relinquished former portions of Route 19 within the
Cities of Downey, Lakewood, Long Beach, and Pico Rivera are
not state highways and are not eligible for adoption under Section
81. For the relinquished former portions of Route 19, the Cities of
Downey, Lakewood, Long Beach, and Pico Rivera shall maintain
within their respective jurisdictions signs directing motorists to
the continuation of Route 19. The City of Lakewood shall ensure
the continuity of traffic flow on the relinquished former portion
of Route 19, including any traffic signal progression.

SEC. 6.  

Section 325 of the Streets and Highways Code is
amended to read:

325.  

(a) Route 25 is from Route 198 to Route 101 near Gilroy.

(b) (1) Upon a determination by the commission that it is in
the best interests of the state to do so, the commission may, upon
terms and conditions approved by it, relinquish to the City of
Hollister the portion of Route 25 that is located within the city’s
jurisdiction between Sunnyslope Road and San Felipe Road prior
to the relocation of that portion of Route 25 through adoption of
the proposed new easterly bypass alignment of Route 25, if the
department and the city enter into an agreement providing for that
relinquishment.

(2) The terms and conditions imposed pursuant to paragraph
(1) shall include a requirement for the City of Hollister to maintain
within its jurisdiction signs directing motorists to the continuation
of Route 25 until such time as the new easterly bypass alignment
is adopted and opens to traffic.

(3) A relinquishment under this subdivision shall become
effective immediately following the recording by the county
recorder of the relinquishment resolution containing the
commission’s approval of the terms and conditions of the
relinquishment.

(4) On and after the effective date of the relinquishment, both
of the following shall apply:

(A) The relinquished former portion of Route 25 shall cease to
be a state highway.

(B) The relinquished former portion of Route 25 may not be
considered for future adoption under Section 81.

(5) Upon a determination by the commission that it is in the
best interests of the state to do so, the commission shall, upon
terms and conditions approved by it, adopt into the state highway
system the proposed easterly bypass alignment for Route 25 that
is located between Sunnyslope Road and San Felipe Road in the
City of Hollister. The adoption may occur at any time after the
effective date of the relinquishment pursuant to paragraph (3).

SEC. 7.  

Section 339 of the Streets and Highways Code is
amended to read:

339.  

Route 39 is from:

(a) Route 1 near Huntington Beach to the southern city limit of
Buena Park.

(b) Route 5 in Buena Park to Route 72 in La Habra via Beach
Boulevard.

(c) Beach Boulevard to Harbor Boulevard in La Habra via
Whittier Boulevard.

(d) Whittier Boulevard in La Habra to Route 2 via Harbor
Boulevard to the vicinity of Fullerton Road, then to Azusa Avenue,
Azusa Avenue to San Gabriel Canyon Road, San Gabriel Avenue
southbound between Azusa Avenue and San Gabriel Canyon Road,
and San Gabriel Canyon Road, other than the portion of the
segment described by this subdivision that is within the city limits
of Azusa, Covina, and West Covina.

The relinquished former portions of Route 39 within the city
limits of Azusa, Buena Park, Covina, and West Covina are not
state highways and are not eligible for adoption under Section 81.
For the relinquished former portions of Route 39, the Cities of
Azusa, Buena Park, Covina, and West Covina shall maintain within
their respective jurisdictions signs directing motorists to the
continuation of Route 39.

SEC. 8.  

Section 349 of the Streets and Highways Code is
amended to read:

349.  

(a) Route 49 is from:

(1) Route 41 near Oakhurst to Route 140 at Mariposa.

(2) Route 140 at Mariposa to Route 120 near Moccasin.

(3) Route 120 near Chinese Camp to Route 80 near Auburn via
the vicinity of Sonora; via Angels Camp, San Andreas, and
Jackson; and via the vicinity of El Dorado, Diamond Springs, and
Placerville.

(4) Route 80 near Auburn to Route 20 in Grass Valley.

(5) Route 20 at Nevada City to Route 89 near Sattley via
Downieville.

(6) Route 89 near Sierraville to Route 70 near Vinton via
Loyalton.

(b) The relinquished former portion of Route 49 within the City
of Auburn is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route
49, the City of Auburn shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 49. The city may
apply to the department for approval of a business route designation
in accordance with Chapter 20, Topic 21, of the Highway Design
Manual.

SEC. 9.  

Section 358 of the Streets and Highways Code is
amended to read:

358.  

(a) Route 58 is from:

(1) Route 101 near Santa Margarita to Route 33.

(2) Route 33 to Route 43.

(3) Route 43 to just west of Van Buren Place near Bakersfield.

(4) Mohawk Street near Bakersfield to Route 99.

(5) Route 99 to Route 15 near Barstow via Bakersfield and
Mojave.

(b) Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish to the City of Bakersfield
or the County of Kern the portion of Route 58 that is located within
the jurisdiction of that city or county if the city or county agrees
to accept it. The following conditions shall apply upon
relinquishment:

(1) The relinquishment shall become effective on the date
following the county recorder’s recordation of the relinquishment
resolution containing the commission’s approval of the terms and
conditions of the relinquishment.

(2) On and after the effective date of the relinquishment, the
relinquished portion of Route 58 shall cease to be a state highway.

(3) The portion of Route 58 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.

(4) For the portion of Route 58 that is relinquished under this
subdivision, the City of Bakersfield or the County of Kern shall
install and maintain within the jurisdiction of the city or county
signs directing motorists to the continuation of Route 58.

(c) The relinquished former portions of Route 58 within the
unincorporated area of the County of Kern and within the City of
Bakersfield are not state highways and are not eligible for adoption
under Section 81. For the relinquished former portions of Route
58, the County of Kern and the City of Bakersfield shall maintain
within their respective jurisdictions signs directing motorists to
the continuation of Route 58.

SEC. 10.  

Section 366 of the Streets and Highways Code is
amended to read:

366.  

(a) Route 66 is from:

(1) Route 210 near San Dimas to the eastern city limit of the
City of Pomona.

(2) The eastern city limit of the City of Rialto to Route 215 in
San Bernardino.

(b) The relinquished former portions of Route 66 within the city
limits of the Cities of Claremont, Fontana, Rancho Cucamonga,
Rialto, and Upland are not state highways and are not eligible for
adoption under Section 81. For the portions of Route 66
relinquished under this section, the Cities of Claremont, Fontana,
Rancho Cucamonga, Rialto, and Upland shall maintain within
their respective jurisdictions signs directing motorists to the
continuation of Route 66 and shall ensure the continuity of traffic
flow on the relinquished portions of Route 66, including any traffic
signal progression.

SEC. 11.  

Section 368 of the Streets and Highways Code is
amended to read:

368.  

(a) Route 68 is from:

(1) Asilomar State Beach to Route 1.

(2) Monterey to Route 101 in Salinas.

(b) (1) Upon a determination by the commission that it is in
the best interests of the state to do so, the commission may, upon
terms and conditions approved by it, relinquish to the City of
Pacific Grove or the County of Monterey the portion of Route 68
described in paragraph (1) of subdivision (a) located within the
jurisdiction of the city or the unincorporated area of the county,
respectively, if the department and the city or county enter into an
agreement providing for that relinquishment.

(2) A relinquishment under this subdivision shall become
effective immediately following the county recorder’s recordation
of the relinquishment resolution concerning the commission’s
approval of the terms and conditions of the relinquishment.

(3) On and after the effective date of the relinquishment, both
of the following shall occur:

(A) The portion of Route 68 relinquished under this subdivision
shall cease to be a state highway.

(B) The portion of Route 68 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.

(4) The city or county shall ensure the continuity of traffic flow
on the relinquished former portion of Route 68 within its
jurisdiction, including, but not limited to, any traffic signal
progression.

(5) The city or county shall maintain signs on the relinquished
former portion of Route 68 within its jurisdiction directing
motorists to the continuation of Route 68.

SEC. 12.  

Section 374 of the Streets and Highways Code is
amended to read:

374.  

(a) Route 74 is from:

(1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.

(2) Route 15 near Lake Elsinore to Route 215 near Perris.

(3) Route 215 near Perris to the southern city limit of Palm
Desert.

(b) The relinquished former portions of Route 74 within the
Cities of Palm Desert and Perris are not state highways and are
not eligible for adoption under Section 81. For the former portions
of Route 74 relinquished under this subdivision, the Cities of Palm
Desert and Perris shall maintain within their respective jurisdictions
signs directing motorists to the continuation of Route 74 and shall
ensure the continuity of traffic flow on the relinquished portions
of Route 74, including any traffic signal progression.

(c) (1) The commission may relinquish to the City of Lake
Elsinore the portion of Route 74 located within the city limits of
that city, upon terms and conditions the commission finds to be
in the best interests of the state.

(2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the
highway in a manner consistent with professional traffic
engineering standards.

(3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.

(4) Any relinquishment agreement shall also require the City
of Lake Elsinore to provide for public notice and the consideration
of public input on the proximate effects of any proposed decision
on traffic flow, residences, or businesses, other than a decision on
routine maintenance.

(5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify
and hold the department harmless from any liability for any claims
made or damages suffered by any person, including a public entity,
as a result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.

(6) A relinquishment under this subdivision shall become
effective immediately after the county recorder records the
relinquishment resolution that contains the commission’s approval
of the terms and conditions of the relinquishment.

(7) On and after the effective date of the relinquishment, both
of the following shall occur:

(A) The portion of Route 74 relinquished under this subdivision
shall cease to be a state highway.

(B) The portion of Route 74 relinquished under this subdivision
may not be considered for future adoption under Section 81.

(8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the portion of Route 74 relinquished under this
subdivision, including any traffic signal progression.

(9) For portions of Route 74 relinquished under this subdivision,
the City of Lake Elsinore shall maintain signs directing motorists
to the continuation of Route 74.

(d) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Hemet the portion of State Highway Route
74 that is located within the city limits of the City of Hemet, upon
terms and conditions the commission finds to be in the best
interests of the state, if the department and the City of Hemet enter
into an agreement providing for that relinquishment.

(2) A relinquishment under this subdivision shall become
effective immediately following the recordation by the county
recorder of the relinquishment resolution containing the
commission’s approval of the terms and conditions of the
relinquishment.

(3) On and after the effective date of the relinquishment, both
of the following shall occur:

(A) The portion of State Highway Route 74 relinquished under
this subdivision shall cease to be a state highway.

(B) The portion of State Highway Route 74 relinquished under
this subdivision may not be considered for future adoption under
Section 81.

(4) The City of Hemet shall ensure the continuity of traffic flow
on the portion of State Highway Route 74 relinquished under this
subdivision, including any traffic signal progression.

(5) For portions of State Highway Route 74 relinquished under
this subdivision, the City of Hemet shall maintain signs directing
motorists to the continuation of State Highway Route 74.

SEC. 13.  

Section 382 of the Streets and Highways Code is
amended to read:

382.  

(a) Route 82 is from Route 880 in San Jose to Route 280
in San Francisco.

(b) The relinquished former portion of Route 82 within the City
of San Jose is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route
82, the City of San Jose shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 82 and shall ensure
the continuity of traffic flow on the relinquished former portion
of Route 82, including any traffic signal progression. The city may
apply to the department for approval of a business route designation
in accordance with Chapter 20, Topic 21, of the Highway Design
Manual.

SEC. 14.  

Section 386 of the Streets and Highways Code is
amended to read:

386.  

(a) Route 86 is from:

(1) Route 111 to Route 8 near El Centro.

(2) Route 8 near El Centro to Route 10 in Indio via the vicinity
of Brawley.

(b) Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish the following portions
of Route 86, if the department and the applicable local agency
enter into an agreement providing for that relinquishment, as
follows:

(1) To the County of Imperial, the portions of Route 86 within
unincorporated areas of the county from the beginning of the route
at the junction of Route 111 to 0.5 mile south of Fredricks Road.

(2) To the City of El Centro, the portion of Route 86 within its
city limits.

(3) To the City of Imperial, the portion of Route 86 within its
city limits.

(4) To the City of Brawley, the portion of Route 86 within its
city limits.

(c) The following conditions shall apply upon relinquishment:

(1) The relinquishment shall become effective on the date
following the county recorder’s recordation of the relinquishment
resolution containing the commission’s approval of the terms and
conditions of the relinquishment.

(2) On and after the effective date of the relinquishment, the
relinquished portions of Route 86 shall cease to be a state highway.

(3) The portions of Route 86 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.

(4) The Cities of Brawley, El Centro, and Imperial and the
County of Imperial shall ensure the continuity of traffic flow on
the relinquished portions of Route 86, including any traffic signal
progression.

(5) For the portions of Route 86 that are relinquished under this
subdivision, the Cities of Brawley, El Centro, and Imperial, and
the County of Imperial shall install and maintain, within their
respective jurisdictions, the city or county signs directing motorists
to the continuation of Route 86 to the extent deemed necessary by
the department.

(d) Following the relinquishments authorized in subdivision
(b), the portion of Route 86 from 0.5 mile south of Fredricks Road
to the north junction of Route 78 shall be redesignated as a part of
Route 78.

SEC. 15.  

Section 430 of the Streets and Highways Code is
amended to read:

430.  

(a) Route 130 is from the eastern city limit of the City of
San Jose near Manning Avenue to Route 33 near Patterson via the
vicinity of Mount Hamilton.

(b) The relinquished former portion of Route 130 within the
City of San Jose is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 130, the City of San Jose shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
130 and shall ensure the continuity of traffic flow on the
relinquished former portion of Route 130, including any traffic
signal progression.

SEC. 16.  

Section 622.1 of the Streets and Highways Code is
amended to read:

622.1.  

Route 710 shall also include that portion of the freeway
between Route 1 and the northern end of Harbor Scenic Drive,
that portion of Harbor Scenic Drive to Ocean Boulevard, that
portion of Ocean Boulevard west of its intersection with Harbor
Scenic Drive to its junction with Seaside Boulevard, and that
portion of Seaside Boulevard from the junction with Ocean
Boulevard to Route 47.

SEC. 17.  

Section 890.4 of the Streets and Highways Code is
amended to read:

890.4.  

As used in this article, “bikeway” means all facilities
that provide primarily for bicycle travel. For purposes of this
article, bikeways shall be categorized as follows:

(a) Class I bikeways, also known as “bike paths” or “shared-use
paths,” which provide a completely separated right-of-way
designated for the exclusive use of bicycles and pedestrians with
crossflows by motorists minimized.

(b) Class II bikeways, also known as “bike lanes,” which provide
a restricted right-of-way designated for the exclusive or
semiexclusive use of bicycles with through travel by motor vehicles
or pedestrians prohibited, but with vehicle parking and crossflows
by pedestrians and motorists permitted.

(c) Class III bikeways, also known as onstreet or offstreet “bike
routes,” which provide a right-of-way designated by signs or
permanent markings and shared with pedestrians and motorists.

SEC. 18.  

Section 378 of the Vehicle Code is repealed.

SEC. 19.  

Section 379 of the Vehicle Code is repealed.

SEC. 20.  

Section 385.2 is added to the Vehicle Code, to read:

385.2.  

A “logging dolly” is a vehicle designed for carrying
logs, having one or more axles that, if there are more than one, are
not more than 54 inches apart, and used in connection with a motor
truck solely for the purpose of transporting logs and securely
connected with the towing vehicle both by a reach and by the load.

SEC. 21.  

Section 385.3 is added to the Vehicle Code, to read:

385.3.  

A “logging vehicle” is a vehicle used exclusively in the
conduct of logging operations and not designed for the
transportation of persons or property on a highway.

SEC. 22.  

Section 585 of the Vehicle Code is amended to read:

585.  

A “station wagon” is a dual purpose vehicle designed for
the transportation of persons and also designed in such a manner
that the seats may be removed or folded out of the way for the
purpose of increasing the property carrying space within the
vehicle. The term includes, but is not limited to, types of vehicles
which carry the trade names of station wagon, estate wagon, town
and country wagon, and country sedan. A vehicle used primarily
for the transportation of cadavers to or from a funeral home,
mortuary, or burial site is not a station wagon.

SEC. 23.  

Section 5022 of the Vehicle Code is amended to read:

5022.  

(a) Until December 31, 1984, a person described in
Section 5101 may also apply for a set of commemorative 1984
Olympic reflectorized license plates and the department shall issue
those special license plates in lieu of the regular license plates. No
commemorative 1984 Olympic reflectorized license plates shall
be issued pursuant to an application therefor which is submitted
on or after January 1, 1985, but the holder of those plates may
thereafter renew or retain them, or transfer them to another vehicle,
subject to this section.

(b) The commemorative 1984 Olympic reflectorized license
plates shall be of a distinctive design and shall be available in a
special series of letters or numbers, or both, as determined by the
department after consultation with the Los Angeles Olympic
Organizing Committee.

(c) In addition to the regular fees for an original registration or
renewal of registration, a special fee of twelve dollars ($12) shall
be paid for the transfer of the special plates to another vehicle.

(d) When payment of renewal fees is not required as specified
in Section 4000, or when the person determines to retain the plates
upon sale, trade, or other release of the vehicle upon which the
special plates have been displayed, the person shall notify the
department and the person may retain the special plates.

(e) Until December 31, 1989, duplicate, replacement plates shall
be identical commemorative 1984 Olympic reflectorized license
plates of the same letter, number, and design as originally issued.
However, duplicate, replacement plates of the commemorative
1984 Olympic reflectorized license plate series shall not be
available on or after January 1, 1990. Thereafter, unless otherwise
provided by this code, regular series plates shall be issued for the
fee provided in Section 9265 whenever substitute or duplicate
plates are requested.

(f) All revenue derived from the additional special fees provided
in this section shall be deposited in the California Environmental
License Plate Fund pursuant to Section 21191 of the Public
Resources Code.

SEC. 24.  

Section 5023 of the Vehicle Code is amended to read:

5023.  

(a) (1) Until December 31, 2013, a person described in
Section 5101 may also apply for a set of commemorative Olympic
reflectorized license plates and the department shall issue those
special license plates in lieu of regular license plates. The
commemorative Olympic reflectorized license plates shall be of
a distinctive design and shall be available in a special series of
letters or numbers, or both, as determined by the department after
consultation with the United States Olympic Committee. The
department may issue the commemorative Olympic reflectorized
license plates as environmental license plates, as defined in Section
5103, in a combination of numbers or letters, or both, as requested
by the owner or lessee of the vehicle.

(2) On or after January 1, 2014, original, substitute, or duplicate
Olympic license plates, including those issued as environmental
license plates, shall not be available. However, the holder of
Olympic license plates may thereafter renew or retain those plates,
or transfer them to another vehicle, subject to this section. Unless
otherwise provided by this code, regular series plates shall be
issued for the fee provided in Section 9265 whenever substitute
or duplicate plates are requested.

(3) On or after January 1, 2014, the holder of Olympic license
plates issued as environmental license plates, as defined in Section
5103, may apply for other special license plates using the exact
combination of numbers or letters, or both, if authorized by this
code, whenever the holder requests substitute or duplicate plates.

(b) In addition to the regular fees for an original registration or
renewal of registration, the following special fees shall be paid:

(1) Fifteen dollars ($15) for the transfer of the special plates to
another vehicle.

(2) Thirty dollars ($30) for the annual renewal of the special
plates.

(c) When payment of renewal fees is not required as specified
in Section 4000, or when the person determines to retain the plates
upon sale, trade, or other release of the vehicle upon which the
special plates have been displayed, the person shall notify the
department and the person may retain the special plates.

(d) All revenue derived from the additional special fees provided
in this section, less costs incurred by the department pursuant to
this section, shall be deposited in the General Fund.

SEC. 25.  

Section 5068 of the Vehicle Code is amended to read:

5068.  

(a) (1) (A) A veterans’ organization may apply either
individually or with other veterans’ organizations to meet the
application threshold set forth in Section 5060 for special interest
plates. An organization that meets the minimum application
requirement by applying with other organizations under this
subdivision shall be issued a regular license plate bearing a
distinctive design or decal approved under subdivision (a) of
Section 5060.

(B) The Department of Veterans Affairs may modify the
distinctive design or decal described in subparagraph (A),
consistent with the design criteria imposed by Section 5060, to
honor all veterans, or veterans who served in a particular war or
armed conflict as described in subdivision (a) of Section 5068.1.
Special interest plates issued under this section and bearing the
modified design or decal shall be issued only after all existing
plates have been issued.

(2) Any person who is the registered owner or lessee of a
passenger vehicle, commercial motor vehicle, motorcycle, trailer,
or semitrailer registered or certificated with the department, or any
person who applies for an original registration or renewal of
registration of that vehicle may apply under this section for a
special interest license plate with a decal that honors all veterans
or veterans who served in a particular war or armed conflict.

(3) Special interest license plates issued under this section may
be issued in a combination of numbers or letters, or both, requested
by the owner or lessee of the vehicle, to be displayed in addition
to the design or decal authorized under paragraph (1), subject to
Section 5105.

(b) In addition to the regular fees for an original registration, a
renewal of registration, or a transfer of registration, the following
fees shall be paid by individuals applying for a special interest
license plate or a decal issued under this section:

(1) Fifty dollars ($50) for the initial issuance of the plates and
decals. The plates shall be permanent and shall not be required to
be replaced.

(2) Forty dollars ($40) for each renewal of registration that
includes the continued display of the plates or decals.

(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.

(4) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.

(5) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.

(6) Notwithstanding Section 5106, seventy-eight dollars ($78)
for the personalization of the plates, as authorized under paragraph
(3) of subdivision (a).

(c) The department shall maintain on its Internet Web site, a
link to order online the special interest license plates issued
pursuant to this section.

SEC. 26.  

Section 5072 of the Vehicle Code is amended to read:

5072.  

(a) Any person described in Section 5101 may also
apply for a set of “Have a Heart, Be a Star, Help Our Kids” license
plates, and the department shall issue those special license plates
in lieu of the regular license plates. The “Have a Heart, Be a Star,
Help Our Kids” plates shall be distinct from other existing license
plates by the inclusion of a well within the portion of the license
plate that has the alpha-numeric sequence. The well may be placed
in any position within that portion of the license plate. A heart
shape, a five-pointed star, a hand shape, a plus-sign shape, shall
be imprinted within the well itself. However, for purposes of
processing the alpha-numeric sequence, the symbol within the well
shall be read as a blank within the alpha-numeric sequence. The
Department of Motor Vehicles shall cooperate with representatives
of the California Highway Patrol and the Prison Industries
Authority to design the final shape and dimension of the symbols
for these license plates.

(b) An applicant for a license plate described in subdivision (a)
may choose to either accept a license plate character sequence
assigned by the department that includes one of the four symbols
or request a specialized license plate character sequence determined
by the applicant that includes one of the four symbols, in
accordance with instructions which shall be provided by the
department.

(c) In addition to the regular fees for an original registration, a
renewal of registration, or a transfer of registration, the following
“Have a Heart, Be a Star, Help Our Kids” license plate fees shall
be paid:

(1) Notwithstanding Section 5106, for those specialized license
plates whose character sequence is determined by the license owner
or applicant:

(A) Fifty dollars ($50) for the initial issuance of the plates. These
plates shall be permanent and shall not be required to be replaced.

(B) Forty dollars ($40) for each renewal of registration which
includes the continued display of the plates.

(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.

(D) Thirty-five dollars ($35) for replacement plates, if the plates
become damaged or unserviceable.

(2) For those specialized license plates whose character sequence
is assigned by the department:

(A) Twenty dollars ($20) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.

(B) The legally allowed fee for renewal plus fifteen dollars ($15)
for each renewal of registration, which includes the continued
display of the plates.

(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.

(D) Twenty dollars ($20) for replacement plates, if the plates
become damaged or unserviceable.

(d) When payment of renewal fees is not required as specified
in Section 4000, or when the person determines to retain the “Have
a Heart, Be a Star, Help Our Kids” license plates upon sale, trade,
or other release of the vehicle upon which the plates have been
displayed, the person shall notify the department and the person
may retain the plates.

(e) The revenue derived from the additional special fees
provided in this section, less costs incurred by the department, the
Department of the California Highway Patrol, and local law
enforcement for developing and administering this license plate
program pursuant to this section, shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6
(commencing with Section 18285) of Part 6 of Division 9 of the
Welfare and Institutions Code, and, when appropriated by the
Legislature shall be available for the purposes specified in that
chapter.

(f) It is the intent of the Legislature that the additional special
fees specified in subdivision (e) are not used to replace existing
appropriation levels in the 1991-92 Budget Act.

SEC. 27.  

Section 5101.7 of the Vehicle Code is amended to
read:

5101.7.  

(a) Until December 31, 1984, any person described
in Section 5101 may also apply for a set of commemorative 1984
Olympic reflectorized license plates and the department shall issue
those special license plates in lieu of the regular license plates. No
commemorative 1984 Olympic reflectorized license plates shall
be issued pursuant to an application therefor which is submitted
on or after January 1, 1985, but the holder of those plates may
thereafter renew or retain them, or transfer them to another vehicle,
subject to this article.

(b) Except as provided in this section, the issue, renewal,
cancellation, retention, and transfer of the commemorative 1984
Olympic reflectorized license plates shall be subject to the
provisions of this article as if they were environmental license
plates. Until December 31, 1989, duplicate, replacement plates
shall be identical commemorative 1984 Olympic reflectorized
license plates of the same letter, number, and design as originally
issued. On and after January 1, 1990, duplicate or replacement
plates shall be provided pursuant to this article.

(c) Notwithstanding the color, design, and number of digit
requirements of Section 5102, the department shall design the
commemorative 1984 Olympic reflectorized license plates, which
shall be reflectorized license plates issued pursuant to Section
4850. The commemorative 1984 Olympic reflectorized license
plates shall be of a distinctive design, as determined by the
department after consultation with the Los Angeles Olympic
Organizing Committee.

SEC. 28.  

Section 5106 of the Vehicle Code is amended to read:

5106.  

(a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.

(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall
be charged an additional fee of thirty-eight dollars ($38). An
applicant with a permanent trailer identification plate shall be
charged an annual fee of thirty-eight dollars ($38) for renewal of
environmental license plates. However, applicants for renewal of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional renewal fee under this
subdivision.

(c) When payment of renewal fees is not required as specified
in Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty-eight
dollars ($38). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.

(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of thirty-eight
dollars ($38).

SEC. 29.  

Section 12517.1 of the Vehicle Code is amended to
read:

12517.1.  

(a) A “schoolbus accident” means any of the
following:

(1) A motor vehicle accident resulting in property damage in
excess of seven hundred fifty dollars ($750) or personal injury, on
public or private property, and involving a schoolbus, youth bus,
school pupil activity bus, or general public paratransit vehicle
transporting a pupil.

(2) A collision between a vehicle and a pupil or a schoolbus
driver while the pupil or driver is crossing the highway when the
schoolbus flashing red signal lamps are required to be operated
pursuant to Section 22112 or when the schoolbus is stopped for
the purpose of loading or unloading pupils begin delete when Section 22112
does not apply end delete .

(3) Injury of a pupil inside a vehicle described in paragraph (1)
as a result of acceleration, deceleration, or other movement of the
vehicle.

(b) The Department of the California Highway Patrol shall
investigate all schoolbus accidents, except that accidents involving
only property damage and occurring entirely on private property
shall be investigated only if they involve a violation of this code.

SEC. 30.  

Section 14606 of the Vehicle Code, as added by
Section 7 of Chapter 670 of the Statutes of 2012, is amended to
read:

14606.  

(a) A person shall not employ, hire, knowingly permit,
or authorize any person to drive a motor vehicle owned by him or
her or under his or her control upon the highways unless that person
is licensed for the appropriate class of vehicle to be driven.

(b) Whenever a person fails to qualify, on reexamination, to
operate a commercial motor vehicle, an employer shall report that
failure to the department within 10 days.

(c) An employer shall obtain from a driver required to have a
commercial driver’s license or commercial endorsement a copy
of the driver’s medical certification before allowing the driver to
operate a commercial motor vehicle. The employer shall retain the
certification as part of a driver qualification file.

(d) This section shall become operative on January 30, 2014.

SEC. 31.  

Section 42007 of the Vehicle Code is amended to
read:

42007.  

(a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 in an amount equal to
the total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, “total bail”
means the amount established pursuant to Section 1269b of the
Penal Code in accordance with the Uniform Bail and Penalty
Schedule adopted by the Judicial Council, including all
assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the “total bail”
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this
subdivision upon a showing that the defendant is unable to pay
the full amount.

The fee shall not include the cost, or any part thereof, of traffic
safety instruction offered by a traffic violator school.

(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee
according to an installment payment schedule of no more than 90
days as agreed upon with the court. The Judicial Council shall
prescribe the form of the agreement for payment of the fee in
installments. When the defendant signs the Judicial Council form
for payment of the fee in installments, the court shall continue the
case to the date in the agreement to complete payment of the fee
and submit the certificate of completion of traffic violator school
to the court. The clerk shall collect a fee of up to thirty-five dollars
($35) to cover administrative and clerical costs for processing an
installment payment of the traffic violator school fee under this
paragraph.

(3) If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert
the fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure
to pay under Section 40508 and impose a civil assessment as
provided in Section 1214.1 of the Penal Code or issue an arrest
warrant for a failure to pay. For the purposes of reporting a
conviction under this subdivision to the department under Section
1803, the date that the court declares the bail forfeited shall be
reported as the date of conviction.

(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the
Government Code in the general fund of the county and, as may
be applicable, distributed as follows:

(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one
dollar ($1) for each fund so established shall be deposited with the
county treasurer and placed in that fund.

(2) In any county that has established a Maddy Emergency
Medical Services Fund pursuant to Section 1797.98a of the Health
and Safety Code, an amount equal to the sum of each two dollars
($2) for every seven dollars ($7) that would have been collected
pursuant to Section 76000 of the Government Code and,
commencing January 1, 2009, an amount equal to the sum of each
two dollars ($2) for every ten dollars ($10) that would have been
collected pursuant to Section 76000.5 of the Government Code
with respect to those counties to which that section is applicable
shall be deposited in that fund. Nothing in the act that added this
paragraph shall be interpreted in a manner that would result in
either of the following:

(A) The utilization of penalty assessment funds that had been
set aside, on or before January 1, 2000, to finance debt service on
a capital facility that existed before January 1, 2000.

(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as
a means of financing a facility which was approved by a county
board of supervisors, but on January 1, 2000, is not under
construction.

(3) The amount of the fee that is attributable to Section 70372
of the Government Code shall be transferred pursuant to
subdivision (f) of that section.

(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision
(b) of Section 1463.001 of the Penal Code shall be deposited in
the treasury of the appropriate city.

(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

 

NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. For
drivers with a noncommercial driver’s license, one conviction in
any 18-month period will be held confidential and not show on
your driving record if you complete a traffic violator school
program. For drivers with a commercial driver’s license, one
conviction in any 18-month period will show on your driving
record without a violation point if you complete a traffic violator
school program.

 

(e) Notwithstanding any other provision of law, a county that
has established a Maddy Emergency Medical Services Fund
pursuant to Section 1797.98a of the Health and Safety Code shall
not be held liable for having deposited into the fund, prior to
January 1, 2009, an amount equal to two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code from revenues derived from
traffic violator school fees collected pursuant to this section.