BILL NUMBER: AB 1014 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to amend Section 6160 of add
Section 12804.13 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Galgiani. Vehicles: title.
driver's licenses: farmers.
(1) Existing law authorizes the Department of Motor Vehicles to
issue a restricted class A driver's license for the operation of a
2-axle vehicle weighing 4,000 pounds or more unladen when towing a
livestock trailer exceeding 10,000 pounds, but not exceeding 15,000
pounds gross vehicle weight rating or gross vehicle weight, if
specified conditions are met, including that the vehicle is operated
by a farmer and is used to transport livestock. A violation of the
Vehicle Code generally is an infraction.
This bill would authorize the department to issue a class A
restricted driver's license for the operation of a vehicle in the
production, harvesting, or transportation of silage by a farmer,
employee of a farmer, or contracted employee of a farmer, between one
part of a farm and another part of that farm or from one farm to
another farm, on a highway for a distance not to exceed 20 miles from
the point of origin of the trip, in specified counties. The bill
would require the department to follow specified guidelines of the
Federal Highway Administration in issuing those driver's licenses.
The bill would require a licensed California driver applying for one
of those driver's licenses, upon application and every 2 years
thereafter, to submit medical information on a form approved by the
department. Because a violation of the bill's provisions would be an
infraction, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law makes a statement of legislative intent regarding the
need for the amendment of the record of title of a vehicle when that
vehicle is exported out of the United States.
This bill would make nonsubstansive, technical changes to that
statement of intent.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12804.13 is added to the
Vehicle Code , to read:
12804.13. (a) The department may issue a restricted class A
driver's license for the operation of a vehicle in the production,
harvesting, or transportation of silage, as described in subdivision
(i) of Section 36101, in any of the following counties:
(1) Butte.
(2) Del Norte.
(3) Fresno.
(4) Glenn.
(5) Humboldt.
(6) Imperial.
(7) Kern.
(8) Kings.
(9) Los Angeles.
(10) Madera.
(11) Marin.
(12) Mendocino.
(13) Merced.
(14) Monterey.
(15) Placer.
(16) Riverside.
(17) Sacramento.
(18) San Bernardino.
(19) San Benito.
(20) San Diego.
(21) San Joaquin.
(22) San Luis Obispo.
(23) Santa Barbara.
(24) Santa Clara.
(25) Santa Cruz.
(26) Shasta.
(27) Siskiyou.
(28) Solano.
(29) Sonoma.
(30) Stanislaus.
(31) Sutter.
(32) Tehama.
(33) Tulare.
(34) Yolo.
(35) Yuba.
(b) The requirements of subdivision (a) incorporate the guidelines
published by the Federal Highway Administration in the Federal
Register on September 26, 1988 (53 FR 37313). The department shall
follow those guidelines in acting pursuant to this section as those
guidelines now exist and as they are hereafter amended.
(c) In lieu of a report of a medical examination required by
Section 12804.9, a licensed California driver applying for a
restricted license issued pursuant to subdivision (a) shall, upon
application and every two years thereafter, submit medical
information on a form approved by the department.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
applicable to vehicles operated as described in subdivision (a) of
Section 12804.13 of the Vehicle Code in the counties listed in
subdivision (a) of Section 12804.13 of the Vehicle Code.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 6160 of the Vehicle Code is
amended to read:
6160. The Legislature finds and declares that when a vehicle is
exported and its titlerecord is not amended to reflect exportation,
it is conducive to vehicle theft and insurance fraud. A certificate
of title issued by the State of California could be used in insurance
fraud in which a claimant falsely states that a vehicle has been
stolen or uses that certificate to fraudulently procure insurance
when in fact the vehicle has previously been exported from the United
States. In the interest of the general welfare of the citizens of
this state, and in order to combat vehicle theft and insurance fraud,
it is necessary that the department's record of title reflect the
fact that a vehicle is being exported either temporarily or
permanently, based upon the true owner's declaration prior to
exportation.