SB 438,
as amended, Hill. begin deleteMotor vehicles: reportable property damage. end deletebegin insertElectronic cigarettes.end insert
Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish electronic cigarettes to a person under 18 years of age.
end insertbegin insertThis bill would require all cartridges for electronic cigarettes and solutions for filling and refilling an electronic cigarette to be in child-resistant packaging, as defined.
end insertExisting law requires the driver of every motor vehicle who is involved in an accident that results in damage to the property of any one person in excess of $750, or in bodily injury, or in the death of a person, to report the accident to the Department of Motor Vehicles within 10 days after the accident, as specified. Under existing law that threshold amount of damages also serves as a condition, among others, for (1) the suspension of a judgment debtor’s driving privileges, as an aid in the enforcement of small claims or civil money judgments arising out of those accidents; and (2) the suspension or revocation of specified endorsements or certificates.
end deleteThis bill would, beginning January 1, 2017, increase the minimum property damage that is required to be reported to $1,000. This bill would make conforming changes to those related provisions described above.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 119406 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, to read:end insert
(a) All cartridges for electronic cigarettes and
4solutions for filling or refilling an electronic cigarette shall be in
5child-resistant packaging.
6(b) “Child-resistant packaging” means packaging that is
7consistent with federal standards adopted by the federal Consumer
8Product Safety Commission (Part 1700 of Title 16 of the Code of
9Federal Regulations).
Section 116.870 of the Code of Civil Procedure
11 is amended to read:
(a) Sections 16250 to 16381, inclusive, of the Vehicle
13Code, regarding the suspension of the judgment debtor’s privilege
14to operate a motor vehicle for failing to satisfy a judgment, apply
15if the judgment (1) was for damage to property in excess of seven
16hundred fifty dollars ($750) or for bodily injury to, or death of, a
17person in any amount, and (2) resulted from the operation of a
18motor vehicle upon a California highway by the defendant, or by
19any other person for whose conduct the defendant was liable, unless
20the liability resulted from the defendant’s signing the application
21of a minor for a driver’s license.
22(b) This section shall remain in effect only until January 1, 2017,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2017, deletes or extends that date.
Section 116.870 is added to the Code of Civil
26Procedure, to read:
(a) Sections 16250 to 16381, inclusive, of the Vehicle
2Code, regarding the suspension of the judgment debtor’s privilege
3to operate a motor vehicle for failing to satisfy a judgment, apply
4if the judgment (1) was for damage to property in excess of one
5thousand dollars ($1,000) or for bodily injury to, or death of, a
6person in any amount, and (2) resulted from the operation of a
7motor vehicle upon a California highway by the defendant, or by
8any other person for whose conduct the defendant was liable, unless
9the liability resulted from the defendant’s signing the application
10of a minor for a driver’s license.
11(b) This section shall become operative on January 1, 2017.
Section 116.880 of the Code of Civil Procedure is
13amended to read:
(a) If the judgment (1) was for seven hundred fifty
15dollars ($750) or less, (2) resulted from a motor vehicle accident
16occurring on a California highway caused by the defendant’s
17operation of a motor vehicle, and (3) has remained unsatisfied for
18more than 90 days after the judgment became final, the judgment
19creditor may file with the Department of Motor Vehicles a notice
20requesting a suspension of the judgment debtor’s privilege to
21operate a motor vehicle.
22(b) The notice shall state that the judgment has not been
23satisfied, and shall be accompanied by (1) a fee set by the
24department, (2) the judgment of the court determining that the
25judgment resulted from a motor vehicle accident occurring on a
26California highway
caused by the judgment debtor’s operation of
27a motor vehicle, and (3) a declaration that the judgment has not
28been satisfied. The fee shall be used by the department to finance
29the costs of administering this section and shall not exceed the
30department’s actual costs.
31(c) Upon receipt of a notice, the department shall attempt to
32notify the judgment debtor by telephone, if possible, otherwise by
33certified mail, that the judgment debtor’s privilege to operate a
34motor vehicle will be suspended for a period of 90 days, beginning
3520 days after receipt of notice by the department from the judgment
36creditor, unless satisfactory proof, as provided in subdivision (e),
37is provided to the department before that date.
38(d) At the time the notice is filed, the department shall give the
39judgment creditor a copy of the notice that
indicates the filing fee
40paid by the judgment creditor, and includes a space to be signed
P4 1by the judgment creditor acknowledging payment of the judgment
2by the judgment debtor. The judgment creditor shall mail or deliver
3a signed copy of the acknowledgment to the judgment debtor once
4the judgment is satisfied.
5(e) The department shall terminate the suspension, or the
6suspension proceedings, upon the occurrence of one or more of
7the following:
8(1) Receipt of proof that the judgment has been satisfied, either
9(A) by a copy of the notice required by this section signed by the
10judgment creditor acknowledging satisfaction of the judgment, or
11
(B) by a declaration of the judgment debtor stating that the
12judgment has been satisfied.
13(2) Receipt of proof that the judgment debtor is complying with
14a court-ordered payment schedule.
15(3) Proof that the judgment debtor had insurance covering the
16accident sufficient to satisfy the judgment.
17(4) A deposit with the department of the amount of the
18unsatisfied judgment, if the judgment debtor presents proof,
19satisfactory to the department, of inability to locate the judgment
20creditor.
21(5) At the end of 90 days.
22(f) If the
suspension has been terminated under subdivision (e),
23the action is final and
shall not be reinstituted. If the suspension
24is terminated, Section 14904 of the Vehicle Code shall apply.
25Money deposited with the department under this section shall be
26handled in the same manner as money deposited under paragraph
27(4) of subdivision (a) of Section 16377 of the Vehicle Code.
28(g) A public agency is not liable for an injury caused by the
29suspension, termination of suspension, or the failure to suspend a
30person’s privilege to operate a motor vehicle as authorized by this
31section.
32(h) This section shall remain in effect only until January 1, 2017,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2017, deletes or extends that date.
Section 116.880 is added to the Code of Civil
36Procedure, to read:
(a) If the judgment (1) was for one thousand dollars
38($1,000) or less, (2) resulted from a motor vehicle accident
39occurring on a California highway caused by the defendant’s
40operation of a motor vehicle, and (3) has remained unsatisfied for
P5 1more than 90 days after the judgment became final, the judgment
2creditor may file with the Department of Motor Vehicles a notice
3requesting a suspension of the judgment debtor’s privilege to
4operate a motor vehicle.
5(b) The notice shall state that the judgment has not been
6satisfied, and shall be accompanied by (1) a fee set by the
7department, (2) the judgment of the court determining that the
8judgment resulted from a motor vehicle accident occurring on a
9California highway caused by
the judgment debtor’s operation of
10a motor vehicle, and (3) a declaration that the judgment has not
11been satisfied. The fee shall be used by the department to finance
12the costs of administering this section and shall not exceed the
13department’s actual costs.
14(c) Upon receipt of a notice, the department shall attempt to
15notify the judgment debtor by telephone, if possible, otherwise by
16certified mail, that the judgment debtor’s privilege to operate a
17motor vehicle will be suspended for a period of 90 days, beginning
1820 days after receipt of notice by the department from the judgment
19creditor, unless satisfactory proof, as provided in subdivision (e),
20is provided to the department before that date.
21(d) At the time the notice is filed, the department shall give the
22judgment creditor a copy of the notice that indicates the filing fee
23paid by the judgment creditor, and includes a space
to be signed
24by the judgment creditor acknowledging payment of the judgment
25by the judgment debtor. The judgment creditor shall mail or deliver
26a signed copy of the acknowledgment to the judgment debtor once
27the judgment is satisfied.
28(e) The department shall terminate the suspension, or the
29suspension proceedings, upon the occurrence of one or more of
30the following:
31(1) Receipt of proof that the judgment has been satisfied, either
32(A) by a copy of the notice required by this section signed by the
33judgment creditor acknowledging satisfaction of the judgment, or
34(B) by a declaration of the judgment debtor stating that the
35judgment has been satisfied.
36(2) Receipt of proof that the judgment debtor is complying with
37a court-ordered payment schedule.
38(3) Proof that the judgment debtor had insurance covering the
39accident sufficient to satisfy the judgment.
P6 1(4) A deposit with the department of the amount of the
2unsatisfied judgment, if the judgment debtor presents proof,
3satisfactory to the department, of inability to locate the judgment
4creditor.
5(5) At the end of 90 days.
6(f) If the suspension has been terminated under subdivision (e),
7the action is final and shall not be reinstituted. If the suspension
8is terminated, Section 14904 of the Vehicle Code shall apply.
9Money deposited with the department under this section shall be
10handled in the same manner as money deposited under paragraph
11(4) of subdivision (a) of Section 16377 of the Vehicle Code.
12(g) A public agency is not liable for
an injury caused by the
13suspension, termination of suspension, or the failure to suspend a
14person’s privilege to operate a motor vehicle as authorized by this
15section.
16(h) This section shall become operative on January 1, 2017.
Section 1656.2 of the Vehicle Code is amended to
18read:
(a) The department shall prepare and publish a printed
20summary describing the penalties for noncompliance with Sections
2116000 and 16028, which shall be included with each motor vehicle
22registration, registration renewal, and transfer of registration and
23with each driver’s license and license renewal. The printed
24summary may contain, but is not limited to, the following wording:
30California law requires every driver to carry written evidence
31of valid automobile liability
insurance,
a $35,000 bond, a $35,000
32cash deposit, or a certificate of self-insurance that has been issued
33by the Department of Motor Vehicles.
34
35You must provide evidence of financial responsibility when you
36renew the registration of a motor vehicle, and after you are cited
37by a peace officer for a traffic violation or are involved in any
38traffic accident. The law requires that you provide the officer
39with the name and address of your insurer and the policy
40identification number. Your insurer will provide written evidence
P7 1of this number. Failure to provide evidence of your financial
2responsibility can result in fines of up to
$500 and loss of your
3driver’s license. Falsification of evidence can result in fines of
4up to $750 or 30 days in jail, or both, in addition to a one-year
5suspension of driving privileges.
6
7Under existing California law, if you are involved in an accident
8that results in damages of over $750
to the property of any person
9or in any injury or fatality, you must file a report of the accident
10with the Department of Motor Vehicles within 10 days of the
11accident. If you fail to file a report or fail to provide evidence
12of financial responsibility on the report, your driving privilege
13will be suspended for up to four years. Your suspension notice
14will notify you of the department’s action and of your right to a
15hearing. Your suspension notice will also inform you that if you
16request a hearing, it must be conducted within 30 days of your
17written request, and that a decision is to be rendered within 15
18days of the conclusion of the hearing.”
19
20(b) This section shall
remain in effect only until January 1,
212017, and as of that date is repealed, unless a later enacted statute,
22that is enacted before January 1, 2017, deletes or extends that date.
Section 1656.2 is added to the Vehicle Code, to read:
(a) The department shall prepare and publish a printed
25summary describing the penalties for noncompliance with Sections
2616000 and 16028, which shall be included with each motor vehicle
27registration, registration renewal, and transfer of registration and
28with each driver’s license and license renewal. The printed
29summary may contain, but is not limited to, the following wording:
35California law requires every driver to carry written evidence
36of valid automobile liability insurance, a $35,000 bond, a $35,000
37cash deposit, or a certificate of self-insurance that has been issued
38by the
Department of Motor Vehicles.
39
P8 1You must provide evidence of financial responsibility when you
2renew the registration of a motor vehicle, and after you are cited
3by a peace officer for a traffic violation or are involved in any
4traffic accident. The law requires that you provide the officer
5with the name and address of your insurer and the policy
6identification number. Your insurer will provide written evidence
7of this number. Failure to provide evidence of your financial
8responsibility can result in fines of up to $500 and loss of your
9driver’s license. Falsification of evidence can result in fines of
10up to $750 or 30 days in jail, or both, in addition to a one-year
11suspension of driving privileges.
12
13Under existing California law, if you are involved in an accident
14that results in damages of over $1,000 to
the property of any
15person or in any injury or fatality, you must file a report of the
16accident with the Department of Motor Vehicles within 10 days
17of the accident. If you fail to file a report or fail to provide
18evidence of financial responsibility on the report, your driving
19privilege will be suspended for up to four years. Your suspension
20notice will notify you of the department’s action and of your
21right to a hearing. Your suspension notice will also inform you
22that if you request a hearing, it must be conducted within 30
23days of your written request, and that a decision is to be rendered
24within 15 days of the conclusion of the hearing.”
25
26(b) This section shall become operative on January 1, 2017.
Section 12517.1 of the Vehicle Code is amended to
28read:
(a) A “schoolbus accident” means any of the
30following:
31(1) A motor vehicle accident resulting in property damage in
32excess of seven hundred fifty dollars ($750) or personal injury, on
33public or private property, and involving a schoolbus, youth bus,
34school pupil activity bus, or general public paratransit vehicle
35transporting a pupil.
36(2) A collision between a vehicle and a pupil or a schoolbus
37driver while the pupil or driver is crossing the highway when the
38schoolbus flashing red signal lamps are required to be operated
39pursuant to Section 22112 or when the schoolbus is stopped for
40the purpose of loading or unloading pupils.
P9 1(3) Injury of a pupil inside a vehicle described in paragraph (1)
2as a result of acceleration, deceleration, or other movement of the
3vehicle.
4(b) The Department of the California Highway Patrol shall
5investigate all schoolbus accidents, except that accidents involving
6only property damage and occurring entirely on private property
7shall be investigated only if they involve a violation of this code.
8(c) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.
Section 12517.1 is added to the Vehicle Code, to read:
(a) A “schoolbus accident” means any of the
13following:
14(1) A motor vehicle accident resulting in property damage in
15excess of one thousand dollars ($1,000), or personal injury, on
16public or private property, and involving a schoolbus, youth bus,
17school pupil activity bus, or general public paratransit vehicle
18transporting a pupil.
19(2) A collision between a vehicle and a pupil or a schoolbus
20driver while the pupil or driver is crossing the highway when the
21schoolbus flashing red signal lamps are required to be operated
22pursuant to Section 22112 or when the schoolbus is stopped for
23the purpose of loading or unloading pupils.
24(3) Injury of a pupil inside a vehicle described in paragraph (1)
25as a result of acceleration, deceleration, or other movement of the
26vehicle.
27(b) The Department of the California Highway Patrol shall
28investigate all schoolbus accidents, except that accidents involving
29only property damage and occurring entirely on private property
30shall be investigated only if they involve a violation of this code.
31(c) This section shall become operative on January 1, 2017.
Section 13369 of the Vehicle Code is amended to read:
(a) This section applies to the following endorsements
34and certificates:
35(1) Passenger transportation vehicle.
36(2) Hazardous materials.
37(3) Schoolbus.
38(4) School pupil activity bus.
39(5) Youth bus.
40(6) General public paratransit vehicle.
P10 1(7) Farm labor vehicle.
2(8) Vehicle used for the transportation of
developmentally
3disabled persons.
4(b) The department shall refuse to issue or renew, or shall
5revoke, the certificate or endorsement of a
person who meets the
6following conditions:
7(1) Within three years, has committed any violation that results
8in a conviction assigned a violation point count of two or more,
9as defined in Sections 12810 and 12810.5. The department shall
10not refuse to issue or renew, nor may it revoke, a person’s
11hazardous materials or passenger transportation vehicle
12endorsement if the violation leading to the conviction occurred in
13the person’s private vehicle and not in a commercial motor vehicle,
14as defined in Section 15210.
15(2) Within three years, has had his or her driving privilege
16suspended, revoked, or on probation for any reason involving
17unsafe operation of a motor vehicle. The
department
shall not
18refuse to issue or renew, nor may it revoke, a person’s passenger
19transportation vehicle endorsement if the person’s driving privilege
20has, within three years, been placed on probation only for a reason
21involving unsafe operation of a motor vehicle.
22(3) Notwithstanding paragraphs (1) and (2), does not meet the
23qualifications for issuance of a hazardous materials endorsement
24set forth in Parts 383, 384, and 1572 of Title 49 of the Code of
25Federal Regulations.
26(c) The department may refuse to issue or renew, or may suspend
27or revoke, the certificate or endorsement of
a person who meets
28any of the following conditions:
29(1) Within 12 months, has been involved as a driver in three
30accidents in which the driver caused or contributed to the causes
31of the accidents.
32(2) Within 24 months, as a driver, caused or contributed to the
33cause of an accident resulting in a fatality or serious injury or
34serious property damage in excess of seven hundred fifty dollars
35($750).
36(3) Has violated any provision of this code, or any rule or
37regulation pertaining to the safe operation of a vehicle for which
38the certificate or endorsement was issued.
39(4) Has violated any restriction of the certificate, endorsement,
40or commercial driver’s license.
P11 1(5) Has knowingly made a false statement or failed to disclose
2a material fact on an application for a certificate or endorsement.
3(6) Has been determined by the department to be a negligent or
4incompetent operator.
5(7) Has demonstrated irrational behavior to the extent that a
6reasonable and prudent person would have reasonable cause to
7believe that the applicant’s ability to perform the duties of a driver
8may be impaired.
9(8) Excessively or habitually uses, or is addicted to, alcoholic
10beverages, narcotics, or dangerous drugs.
11(9) Does not meet the minimum medical standards established
12or approved by the department.
13(d) The department may cancel the certificate or endorsement
14
of any driver who meets any of the following conditions:
15(1) Does not have a valid driver’s license of the appropriate
16class.
17(2) Has requested cancellation of the certificate or endorsement.
18(3) Has failed to meet any of the requirements for issuance or
19retention of the certificate or endorsement, including, but not
20limited to, payment of the proper fee, submission of an acceptable
21medical report and fingerprint cards, and compliance with
22prescribed training requirements.
23(4) Has had his or her driving privilege suspended or revoked
24for a cause involving other than the safe operation of a motor
25vehicle.
26(e) (1) The department shall refuse to issue or renew, or shall
27
suspend or revoke, the passenger vehicle endorsement of a person
28who violates subdivision (b) of Section 5387 of the Public Utilities
29Code.
30(2) A person found to be in violation of subdivision (b) of
31Section 5387 of the Public Utilities Code shall be ineligible for a
32passenger vehicle endorsement that would permit him or her to
33drive a bus of any kind, including, but not limited to, a bus,
34schoolbus, youth bus, school pupil activity bus, trailer bus, or a
35transit bus, with passengers, for a period of five years.
36(f) (1) Reapplication following refusal or revocation under
37subdivision (b) or (c) may be made after a period of not less than
38one year from the effective date of denial or revocation, except in
39cases where a longer period of suspension or revocation is required
40by law.
P12 1(2) Reapplication
following cancellation under subdivision (d)
2may be made at any time without prejudice.
3(g) This section shall remain in effect only until January 1, 2017,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2017, deletes or extends that date.
Section 13369 is added to the Vehicle Code, to read:
(a) This section applies to the following endorsements
8and certificates:
9(1) Passenger transportation vehicle.
10(2) Hazardous materials.
11(3) Schoolbus.
12(4) School pupil activity bus.
13(5) Youth bus.
14(6) General public paratransit vehicle.
15(7) Farm labor vehicle.
16(8) Vehicle used for the transportation of
developmentally
17disabled persons.
18(b) The department shall refuse to issue or renew, or shall
19revoke, the certificate or endorsement of a person who meets the
20following conditions:
21(1) Within three years, has committed any violation that results
22in a conviction assigned a violation point count of two or more,
23as defined in Sections 12810 and 12810.5. The department shall
24not refuse to issue or renew, nor may it revoke, a person’s
25hazardous materials or passenger transportation vehicle
26endorsement if the violation leading to the conviction occurred in
27the person’s private vehicle and not in a commercial motor vehicle,
28as defined in Section 15210.
29(2) Within three years, has had his or her driving privilege
30suspended, revoked, or on probation for any reason involving
31unsafe operation of a motor vehicle. The department
shall not
32refuse to issue or renew, nor may it revoke, a person’s passenger
33transportation vehicle endorsement if the person’s driving privilege
34has, within three years, been placed on probation only for a reason
35involving unsafe operation of a motor vehicle.
36(3) Notwithstanding paragraphs (1) and (2), does not meet the
37qualifications for issuance of a hazardous materials endorsement
38set forth in Parts 383, 384, and 1572 of Title 49 of the Code of
39Federal Regulations.
P13 1(c) The department may refuse to issue or renew, or may suspend
2or revoke, the certificate or endorsement of a person who meets
3any of the following conditions:
4(1) Within 12 months, has been involved as a driver in three
5accidents in which the driver caused or contributed to the causes
6of the accidents.
7(2) Within 24 months, as a driver, caused or contributed to the
8cause of an accident resulting in a fatality or serious injury or
9serious property damage in excess of one thousand dollars ($1,000).
10(3) Has violated any provision of this code, or any rule or
11regulation pertaining to the safe operation of a vehicle for which
12the certificate or endorsement was issued.
13(4) Has violated any restriction of the certificate, endorsement,
14or commercial driver’s license.
15(5) Has knowingly made a false statement or failed to disclose
16a material fact on an application for a certificate or endorsement.
17(6) Has been determined by the department to be a negligent or
18incompetent operator.
19(7) Has demonstrated irrational behavior to the extent that a
20reasonable and prudent person would have reasonable cause to
21believe that the applicant’s ability to perform the duties of a driver
22may be impaired.
23(8) Excessively or habitually uses, or is addicted to, alcoholic
24beverages, narcotics, or dangerous drugs.
25(9) Does not meet the minimum medical standards established
26or approved by the department.
27(d) The department may cancel the certificate or endorsement
28of any driver who meets any of the following conditions:
29(1) Does not have a valid driver’s license of the appropriate
30class.
31(2) Has requested cancellation of the certificate or endorsement.
32(3) Has failed to meet any of the requirements for issuance or
33retention of the certificate or endorsement, including, but not
34limited to, payment of the proper fee, submission of an acceptable
35medical report and fingerprint cards, and compliance with
36prescribed training requirements.
37(4) Has had his or her driving privilege suspended or revoked
38for a cause involving other than the safe operation of a motor
39vehicle.
P14 1(e) (1) The department shall refuse to issue or renew, or shall
2suspend or revoke, the passenger vehicle endorsement of a person
3who violates subdivision (b) of Section 5387 of the Public Utilities
4Code.
5(2) A person found to be in violation of subdivision (b) of
6Section 5387 of the Public
Utilities Code shall be ineligible for a
7passenger vehicle endorsement that would permit him or her to
8drive a bus of any kind, including, but not limited to, a bus,
9schoolbus, youth bus, school pupil activity bus, trailer bus, or a
10transit bus, with passengers, for a period of five years.
11(f) (1) Reapplication following refusal or revocation under
12subdivision (b) or (c) may be made after a period of not less than
13one year from the effective date of denial or revocation, except in
14cases where a longer period of suspension or revocation is required
15by law.
16(2) Reapplication following cancellation under subdivision (d)
17may be made at any time without prejudice.
18(g) This section shall become operative on January 1, 2017.
Section 16000 of the Vehicle Code is amended to
20read:
(a) The driver of a motor vehicle who is in any manner
22involved in an accident originating from the operation of the motor
23vehicle on a street or highway, or is involved in a reportable
24off-highway accident, as defined in Section 16000.1, that has
25resulted in damage to the property of any one person in excess of
26seven hundred fifty dollars ($750), or in bodily injury, or in the
27death of any person shall report the accident, within 10 days after
28the accident, either personally or through an insurance agent,
29broker, or legal representative, on a form approved by the
30department, to the office of the department at Sacramento, subject
31to this chapter. The driver shall identify on the form, by name and
32current residence address, if available, any person involved in the
33accident complaining
of bodily injury.
34(b) A report is not required under subdivision (a) if the motor
35vehicle involved in the accident was owned or leased by, or under
36the direction of, the United States, this state, another state, or a
37local agency.
38(c) If none of the parties involved in an accident has reported
39the accident to the department under this section within one year
40following the date of the accident, the department is not required
P15 1to file a report on the accident and the driver’s license suspension
2requirements of Section 16004 or 16070 do not apply.
3(d) This section shall remain in effect only until January 1, 2017,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2017, deletes
or extends that date.
Section 16000 is added to the Vehicle Code, to read:
(a) The driver of a motor vehicle who is in any manner
8involved in an accident originating from the operation of the motor
9vehicle on a street or highway, or is involved in a reportable
10off-highway accident, as defined in Section 16000.1, that has
11resulted in damage to the property of any one person in excess of
12one thousand dollars ($1,000), or in bodily injury, or in the death
13of any person shall report the accident, within 10 days after the
14accident, either personally or through an insurance agent, broker,
15or legal representative, on a form approved by the department, to
16the office of the department at Sacramento, subject to this chapter.
17The driver shall identify on the form, by name and current
18residence address, if available, any person involved in the accident
19complaining of
bodily injury.
20(b) A report is not required under subdivision (a) if the motor
21vehicle involved in the accident was owned or leased by, or under
22the direction of, the United States, this state, another state, or a
23local agency.
24(c) If none of the parties involved in an accident has reported
25the accident to the department under this section within one year
26following the date of the accident, the department is not required
27to file a report on the accident and the driver’s license suspension
28requirements of Section 16004 or 16070 do not apply.
29(d) This section shall become operative on January 1, 2017.
Section 16000.1 of the Vehicle Code is amended to
31read:
(a) For purposes of this division, a “reportable
33off-highway accident” means an accident that includes all of the
34following:
35(1) Occurs off the street or highway.
36(2) Involves a vehicle that is subject to registration under this
37code.
38(3) Results in damages to the property of any one person in
39excess of seven hundred fifty dollars ($750) or in bodily injury or
40in the death of any person.
P16 1(b) A “reportable off-highway accident” does not include any
2accident
that occurs off-highway in which damage occurs only to
3the property of the driver or owner of the motor vehicle and no
4bodily injury or death of a person occurs.
5(c) This section shall remain in effect only until January 1, 2017,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2017, deletes or extends that date.
Section 16000.1 is added to the Vehicle Code, to
9read:
(a) For purposes of this division, a “reportable
11off-highway accident” means an accident that includes all of the
12following:
13(1) Occurs off the street or highway.
14(2) Involves a vehicle that is subject to registration under this
15code.
16(3) Results in damages to the property of any one person in
17excess of one thousand dollars ($1,000) or in bodily injury or in
18the death of any person.
19(b) A “reportable off-highway accident” does not include any
20accident that occurs off-highway in which damage occurs only to
21the property of the
driver or owner of the motor vehicle and no
22bodily injury or death of a person occurs.
23(c) This section shall become operative on January 1, 2017.
Section 16075 of the Vehicle Code is amended to
25read:
(a) The suspension provisions of this article shall not
27apply to a driver or owner until 30 days after the department sends
28to the driver or owner notice of its intent to suspend his or her
29driving privilege, pursuant to subdivision (b) of Section 16070,
30and advises the driver or owner of his or her right to a hearing as
31provided in this section.
32(b) If the driver or owner receiving the notice of intent to
33suspend wishes to have a hearing, the request for a hearing shall
34be made in writing to the department
within 10 days of the receipt
35of the notice. Failure to respond to a notice of intent within 10
36days of receipt of the notice is a waiver of the person’s right to a
37hearing.
38(c) If the driver or owner makes a timely request for a hearing,
39the department shall hold the hearing before the effective date of
P17 1the suspension to determine the applicability of this chapter to the
2driver or owner, including a determination of whether:
3(1) The accident has resulted in property damage in excess of
4seven hundred fifty dollars ($750), or bodily injury, or death.
5(2) The driver or owner has established evidence of financial
6responsibility, as provided in Article 3 (commencing with Section
716050),
that was in effect at the time of the accident.
8(d) A request for a hearing does not stay the suspension of a
9person’s driving privilege. However, if the department does not
10conduct a hearing and make a determination pursuant thereto within
11the time limit provided in subdivision (b) of Section 16070, the
12department shall stay the effective date of the order of suspension
13pending a determination.
14(e) The hearing provided for by this section shall be held in the
15county of residence of the person requesting the hearing. The
16hearing shall be conducted pursuant to Article 3 (commencing
17with Section 14100) of Chapter 3 of Division 6.
18(f) The department shall render its decision within 15 days after
19conclusion of the hearing.
20(g) This section shall remain in effect only until January 1, 2017,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2017, deletes or extends that date.
Section 16075 is added to the Vehicle Code, to read:
(a) The suspension provisions of this article shall not
25apply to a driver or owner until 30 days after the department sends
26to the driver or owner notice of its intent to suspend his or her
27driving privilege, pursuant to subdivision (b) of Section 16070,
28and advises the driver or owner of his or her right to a hearing as
29provided in this section.
30(b) If the driver or owner receiving the notice of intent to
31suspend wishes to have a hearing, the request for a hearing shall
32be made in writing to the department within 10 days of the receipt
33of the notice. Failure to respond to a notice of intent within 10
34days of receipt of the notice is a waiver of the person’s right to a
35hearing.
36(c) If the driver or owner makes a timely request for a hearing,
37the department shall hold the hearing before the effective date of
38the suspension to determine the applicability of this chapter to the
39driver or owner, including a determination of whether:
P18 1(1) The accident has resulted in property damage in excess of
2one thousand dollars ($1,000), or bodily injury, or death.
3(2) The driver or owner has established evidence of financial
4responsibility, as provided in Article 3 (commencing with Section
516050), that was in effect at the time of the accident.
6(d) A request for a hearing does not stay the suspension of a
7person’s driving privilege. However, if the department does not
8conduct a hearing and make a determination pursuant thereto within
9the time limit
provided in subdivision (b) of Section 16070, the
10department shall stay the effective date of the order of suspension
11pending a determination.
12(e) The hearing provided for by this section shall be held in the
13county of residence of the person requesting the hearing. The
14hearing shall be conducted pursuant to Article 3 (commencing
15with Section 14100) of Chapter 3 of Division 6.
16(f) The department shall render its decision within 15 days after
17conclusion of the hearing.
18(g) This section shall become operative on January 1, 2017.
Section 16251 of the Vehicle Code is amended to
20read:
(a) As used in this chapter and Chapter 3 (commencing
22with Section 16430), “cause of action” means any cause of action
23for damage to property in excess of seven hundred fifty dollars
24($750) or for damage in any amount on account of bodily injury
25to or death of any person resulting from the operation by the
26defendant or any other person of any motor vehicle upon a highway
27in this state, except a cause of action based upon statutory liability
28by reason of signing the application of a minor for a driver’s
29license.
30(b) This
section shall remain in effect only until January 1, 2017,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2017, deletes or extends that date.
Section 16251 is added to the Vehicle Code, to read:
(a) As used in this chapter and Chapter 3 (commencing
35with Section 16430), “cause of action” means any cause of action
36for damage to property in excess of one thousand dollars ($1,000)
37or for damage in any amount on account of bodily injury to or
38death of any person resulting from the operation by the defendant
39or any other person of any motor vehicle upon a highway in this
P19 1state, except a cause of action based upon statutory liability by
2 reason of signing the application of a minor for a driver’s license.
3(b) This section shall become operative on January 1, 2017.
Section 16377 of the Vehicle Code is amended to
5read:
(a) For the purposes of this chapter, every judgment
7shall be deemed satisfied if any of the following apply:
8(1) Fifteen thousand dollars ($15,000) has been credited, upon
9any judgment in excess of that amount, or upon all judgments,
10collectively, which together total in excess of that amount, for
11personal injury to or death of one person as a result of any one
12accident.
13(2) Subject to the limit of fifteen thousand dollars ($15,000) as
14to one person, the sum of thirty thousand
dollars ($30,000) has
15been credited, upon any judgment in excess of that amount, or
16upon all judgments, collectively, which together total in excess of
17that amount, for personal injury to or death of more than one person
18as a result of any one accident.
19(3) Five thousand dollars ($5,000) has been credited, upon any
20judgment in excess of that amount, or upon all judgments,
21collectively, each of which is in excess of seven hundred fifty
22dollars ($750), and which together total in excess of five thousand
23dollars ($5,000), for damage to property
of others as a result of
24any one accident.
25(4) The judgment debtor or a person designated by him or her
26has deposited with the department a sum equal to the amount of
27the unsatisfied judgment for which the suspension action was taken
28and presents proof, satisfactory to the department, of inability to
29locate the judgment creditor.
30(b) This section shall remain in effect only until
January 1, 2017,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2017, deletes or extends that date.
Section 16377 is added to the Vehicle Code, to read:
(a) For the purposes of this chapter, every judgment
35shall be deemed satisfied if any of the following apply:
36(1) Fifteen thousand dollars ($15,000) has been credited, upon
37any judgment in excess of that amount, or upon all judgments,
38collectively, which together total in excess of that amount, for
39personal injury to or death of one person as a result of any one
40accident.
P20 1(2) Subject to the limit of fifteen thousand dollars ($15,000) as
2to one person, the sum of thirty thousand dollars ($30,000) has
3been credited, upon any judgment in excess of that amount, or
4upon all judgments, collectively, which together total in excess of
5that amount, for personal
injury to or death of more than one person
6as a result of any one accident.
7(3) Five thousand dollars ($5,000) has been credited, upon any
8judgment in excess of that amount, or upon all judgments,
9collectively, each of which is in excess of one thousand dollars
10($1,000), and which together total in excess of five thousand dollars
11($5,000), for damage to property of others as a result of any one
12accident.
13(4) The judgment debtor or a person designated by him or her
14has deposited with the department a sum equal to the amount of
15the unsatisfied judgment for which the suspension action was taken
16and presents proof, satisfactory to the department, of inability to
17locate the judgment creditor.
18(b) This section shall become operative on January 1, 2017.
Section 16378 of the Vehicle Code is amended to
20read:
(a) Money deposited pursuant to subdivision (d) of
22Section 16377 shall be:
23(1) Deposited by the department in the special deposit fund with
24the
Treasurer.
25(2) Payable to the judgment creditor upon presentation of a valid
26claim establishing that he or she is the judgment creditor for which
27the deposit was made and that the judgment remains unsatisfied.
28(3) Refunded to the person making the deposit or to a person
29designated by himself or herself if the deposit remains unclaimed
30by the judgment creditor for a period of two years following the
31date of the deposit.
32(4) The Controller shall draw his or her warrant on the
Treasurer
33for any payment ordered pursuant to this section as ordered by the
34department.
35(b) This section shall remain in effect only until January 1, 2017,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2017, deletes or extends that date.
Section 16378 is added to the Vehicle Code, to read:
(a) Money deposited pursuant to paragraph (4) of
40subdivision (a) of Section 16377 shall be:
P21 1(1) Deposited by the department in the special deposit fund with
2the Treasurer.
3(2) Payable to the judgment creditor upon presentation of a valid
4claim establishing that he or she is the judgment creditor for which
5the deposit was made and that the judgment remains unsatisfied.
6(3) Refunded to the person making the deposit or to a person
7designated by himself or herself if the deposit remains unclaimed
8by the judgment creditor for a period of two years following the
9date of the deposit.
10(4) The Controller shall draw his or her warrant on the Treasurer
11for any payment ordered pursuant to this section as ordered by the
12department.
13(b) This section shall become operative on January 1, 2017.
Section 16430 of the Vehicle Code is amended to
15read:
(a) “proof of financial responsibility” when required
17by this code, means proof of financial responsibility resulting from
18the ownership or operation of a motor vehicle and arising by reason
19of personal injury to, or death of, any one person, of at least fifteen
20thousand dollars ($15,000), and, subject to the limit of fifteen
21thousand dollars ($15,000) for each person injured or killed, of at
22least thirty thousand dollars ($30,000) for the injury to, or the death
23of, two or more persons in any one accident, and for damages to
24property
in excess of seven hundred fifty dollars ($750), of at least
25five thousand dollars ($5,000) resulting from any one accident.
26Proof of financial responsibility may be given in any manner
27authorized in this chapter.
28(b) This section shall remain in effect only until January 1, 2017,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2017, deletes or extends that date.
Section 16430 is added to the Vehicle Code, to read:
(a) “Proof of financial responsibility,” when required
33by this code, means proof of financial responsibility resulting from
34the ownership or operation of a motor vehicle and arising by reason
35of personal injury to, or death of, any one person, of at least fifteen
36thousand dollars ($15,000), and, subject to the limit of fifteen
37thousand dollars ($15,000) for each person injured or killed, of at
38least thirty thousand dollars ($30,000) for the injury to, or the death
39of, two or more persons in any one accident, and for damages to
40property in excess of one thousand dollars ($1,000), of at least five
P22 1thousand dollars ($5,000) resulting from any one accident. Proof
2of financial responsibility may be given in any manner authorized
3in this chapter.
4(b) This section shall become operative on January 1, 2017.
Section 16434 of the Vehicle Code is amended to
6read:
(a) Proof of financial responsibility may be given by
8a bond. The bond shall be conditioned for the payment of the
9amount specified in Section 16430, and shall provide for the entry
10of judgment on motion of the state in favor of any holder of any
11final judgment on account of damages to property over seven
12hundred fifty dollars ($750) in amount, or injury to any person
13caused by the operation of the person’s motor vehicle.
14(b) This section shall remain in effect only until January 1, 2017,
15and as of that date is
repealed, unless a later enacted statute, that
16is enacted before January 1, 2017, deletes or extends that date.
Section 16434 is added to the Vehicle Code, to read:
(a) Proof of financial responsibility may be given by
19a bond. The bond shall be conditioned for the payment of the
20amount specified in Section 16430, and shall provide for the entry
21of judgment on motion of the state in favor of any holder of any
22final judgment on account of damages to property over one
23thousand dollars ($1,000) in amount, or injury to any person caused
24by the operation of the person’s motor vehicle.
25(b) This section shall become operative on January 1, 2017.
O
96