Amended in Assembly June 8, 2015

Amended in Senate May 11, 2015

Senate Bill No. 789

Introduced by Senator Wieckowski

February 27, 2015

begin delete An act to amend, repeal, and add Section 16072 of the Vehicle Code, relating to driver’s licenses. end delete begin insert An act to add Chapter 3.1 (commencing with Section 7287.20) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to water end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 789, as amended, Wieckowski. begin delete Driver’s license suspension: restricted privilege. end delete begin insert Sale of water by local public entities: excise tax. end insert

begin insert

The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them.

end insert begin insert

This bill would authorize a local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity to impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300% of the purchase price of the water, if the ordinance proposing the tax is approved by 2⁄3 of the electors voting on the measure and the revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for water conservation efforts within the jurisdiction of the public entity.

end insert begin delete

Existing law requires the Department of Motor Vehicles to suspend the driving privilege of a person who is involved in an accident and fails to provide evidence of financial responsibility, as specified, at the time of the accident. Under existing law, the suspension period is one year, as specified, except that the suspension must be reinstated if the person fails to maintain proof of financial responsibility for 3 years. However, upon application and if certain criteria are met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations.

end delete begin delete

This bill would, commencing July 1, 2016, also authorize the department to restrict a person’s driving privilege, in lieu of suspending it, in order to allow the person to drive to school. For purposes of this authorization, the bill would define “school” to mean a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 3.1 (commencing with Section 7287.20)
is added to Part 1.7 of Division 2 of the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 3.1. end insert Excise Water Tax

 

begin insert 7287.20. end insert   

(a) A local public entity that supplies water at retail
or wholesale for the benefit of persons within the service area or
area of jurisdiction of that public entity may impose, by ordinance,
an excise tax on an excessive user of water, at a rate not to exceed
300 percent of the purchase price of the water, if both of the
following conditions are met:

(1) The ordinance proposing that tax is approved by two-thirds
of the electors voting on the measure pursuant to Article XIII C of
the California Constitution.

(2) The revenue from the tax is equally distributed between the
public entity and the State Water Resources Control Board for
local water conservation efforts within the jurisdiction of that
public entity. The local water conservation efforts may have
cobenefits with other regions in the state.

(b) A tax imposed pursuant to this section may be in addition
to any other tax authorized by this division.

end insert

begin delete

SECTION 1.  

Section 16072 of the Vehicle Code is amended
to read:

16072.  

(a) The suspension of the driving privilege of a person
as provided in Section 16070 shall not be terminated until one year
has elapsed from the date of actual commencement of the
suspension and until the person files proof of financial
responsibility as provided in Chapter 3 (commencing with Section
16430), except that the suspension shall be reinstated if the person
fails to maintain proof of financial responsibility for three years.
However, in lieu of suspending a person’s driving privilege
pursuant to this section, the department, upon application, if the
person files and thereafter maintains proof of financial
responsibility as provided in this section and pays a penalty fee to
the department of two hundred fifty dollars ($250), may restrict
the person’s driving privilege to any of the following situations:

(1) Necessary travel to and from that person’s place of
employment.

(2) Driving that is required in the person’s course of
employment, when driving a motor vehicle is necessary in order
to perform the duties of the person’s primary employment.

(3) Necessary travel to transport a minor dependent in that
person’s immediate family to and from an institute of primary or
secondary instruction, if the chief administrative officer or principal
of the educational institution certifies in writing to the department
that the minor dependent is enrolled in the educational institution
and no form of public transportation or schoolbus is available
between the applicant’s place of residence and the educational
institution.

The restriction shall remain in effect for the period of suspension
required by this section, so long as proof of financial responsibility
is maintained.

(b) If a suspension has been imposed under Section 16070 and
one year has elapsed from the date the suspension actually
commenced, that suspension shall be terminated if the driving
privilege is suspended under Section 16370 or 16381 as the result
of a judgment arising out of the accident for which proof of
financial responsibility was required to be established. The
department may reimpose the suspension of the driving privilege
of a person under Section 16070 if the suspension under Section
16370 or 16381 is later set aside for a reason other than that the
person has satisfied the judgment in full or to the extent provided
in Chapter 2 (commencing with Section 16250) and has given
proof of ability to respond in damages as provided in Chapter 3
(commencing with Section 16430).

(c) Notwithstanding Chapter 2 (commencing with Section
42200) of Division 18, all revenues derived from the penalty fees
provided in subdivision (a) shall, after deduction by the department
of the costs incurred by the department in administering this
section, be deposited in the Financial Responsibility Penalty
Account in the General Fund. The balance in this fund on each
July 1, which is not subject to appropriation as provided in Section
12980 of the Insurance Code, shall revert to the General Fund.

(d) (1) Subdivision (a) does not apply to a commercial driver’s
license holder.

(2) A commercial driver’s licenseholder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver’s license and is issued a noncommercial class
C or M driver’s license.

(e) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 2.  

Section 16072 is added to the Vehicle Code, to read:

16072.  

(a) The suspension of the driving privilege of a person
as provided in Section 16070 shall not be terminated until one year
has elapsed from the date of actual commencement of the
suspension and until the person files proof of financial
responsibility as provided in Chapter 3 (commencing with Section
16430), except that the suspension shall be reinstated if the person
fails to maintain proof of financial responsibility for three years.
However, in lieu of suspending a person’s driving privilege
pursuant to this section, the department, upon application, if the
person files and thereafter maintains proof of financial
responsibility as provided in this section and pays a penalty fee to
the department of two hundred fifty dollars ($250), may restrict
the person’s driving privilege to any of the following situations:

(1) Necessary travel to and from that person’s place of
employment.

(2) Driving that is required in the person’s course of
employment, when driving a motor vehicle is necessary in order
to perform the duties of the person’s primary employment.

(3) Driving himself or herself to or from school. For purposes
of this paragraph, “school” means a California community college
campus, a California State University campus, a University of
California campus, or a private postsecondary educational
institution.

(4) Necessary travel to transport a minor dependent in that
person’s immediate family to and from an institute of primary or
secondary educational instruction, if the chief administrative officer
or principal of the educational institution certifies in writing to the
department that the minor dependent is enrolled in the educational
institution and no form of public transportation or schoolbus is
available between the applicant’s place of residence and the
educational institution.

(b) The restriction shall remain in effect for the period of
suspension required by this section, so long as proof of financial
responsibility is maintained.

(c) If a suspension has been imposed under Section 16070 and
one year has elapsed from the date the suspension actually
commenced, that suspension shall be terminated if the driving
privilege is suspended under Section 16370 or 16381 as the result
of a judgment arising out of the accident for which proof of
financial responsibility was required to be established. The
department may reimpose the suspension of the driving privilege
of a person under Section 16070 if the suspension under Section
16370 or 16381 is later set aside for a reason other than that the
person has satisfied the judgment in full or to the extent provided
in Chapter 2 (commencing with Section 16250) and has given
proof of ability to respond in damages as provided in Chapter 3
(commencing with Section 16430).

(d) Notwithstanding Chapter 2 (commencing with Section
42200) of Division 18, all revenues derived from the penalty fees
provided in subdivision (a) shall, after deduction by the department
of the costs incurred by the department in administering this
section, be deposited in the Financial Responsibility Penalty
Account in the General Fund. The balance in this fund on each
July 1, which is not subject to appropriation as provided in Section
12980 of the Insurance Code, shall revert to the General Fund.

(e) (1) Subdivision (a) does not apply to a commercial driver’s
license holder.

(2) A commercial driver’s licenseholder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver’s license and is issued a noncommercial class
C or M driver’s license.

(f) This section shall become operative on July 1, 2016.

end delete