BILL NUMBER: AB 1243 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 27, 2009
An act to add and repeal Section 34503.5 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1243, as amended, Bonnie Lowenthal. South East Los
Angeles County Commercial Vehicle Network Development and Advisory
Committee. Strategic Area Freeway Enforcement Task
Force.
Existing law requires the Department of the California Highway
Patrol to adopt reasonable rules and regulations that, in the
judgment of the department, are designed to promote the safe
operation of specified commercial vehicles, regarding, among other
things, inspection and maintenance of vehicles and to adopt
procedures for the enforcement of these rules and regulations.
This bill would, until January 1, 2012, establish the
South East Los Angeles County Commercial Vehicle Network Development
and Advisory Committee Strategic Area Freeway
Enforcement Task Force in the Business, Transportation and
Housing Agency to develop a work program that will optimize the
effectiveness and efficiencies of the commercial vehicle enforcement
network in South East Southeast Los
Angeles County through a multiagency collaborative effort focused on
addressing ongoing commercial vehicle enforcement issues and to
recognize the potential benefits from specified technologies.
The bill would require the committee task
force to report annually , on or before December 31
of each year , to the Governor, the Business,
Transportation and Housing Agency, and the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
on the progress made towards implementation of the recommendations
developed to improve commercial vehicle enforcement in South
East Southeast Los Angeles County pursuant to a
specified list of 12 objectives, that include, among other things,
review of Vehicle Dimension-in-Motion (VDIM) and Automated Vehicle
Identification (AVI) devices as a legal enforcement tool.
The bill would require that the committee
task force consist of 3 4
specified members, that the members of the committee
task force serve without compensation, and that
no state funds be used to compensate the members for expenses
incurred in the performance of their official duties. The bill would
also provide that the committee task force
would not be required to implement the provisions of the bill
except to the extent that nonstate funds are available for that
purpose.
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 34503.5 is added to the Vehicle Code, to read:
34503.5. (a) There is hereby established in the Business,
Transportation and Housing Agency the South East Los Angeles
County Commercial Vehicle Network Development and Advisory
Committee, which shall be convened on or before April 1, 2010.
Transportation and Housing Agency the Strategic Area
Freeway Enforcement Task Force, which shall be convened on or before
April 1, 2010. The goal of the committee
task force is to develop a work program that will optimize
the effectiveness and efficiencies of the commercial vehicle
enforcement network in South East Southeast
Los Angeles County through a multiagency collaborative effort
focused on addressing ongoing commercial vehicle enforcement issues
and to recognize the potential benefits from emerging technologies.
The activities of the council task force
are intended to contribute to maintaining the state's strategic
advantage through improved decisionmaking and prudent and adequate
investment.
(b) The committee task force shall
report annually on or before December 31 of each year to the
Governor, the Business, Transportation and Housing Agency, and the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing on the progress made towards
toward implementation of the recommendations
developed to improve the commercial vehicle enforcement in
South East Southeast Los Angeles County pursuant
to the objectives set forth in subdivision (f).
(c) The committee task force shall
consist of three four members. The
Secretary of Business, Transportation and Housing shall appoint one
member each from nominations provided by the Gateway Cities Council
of Governments (COG), the Director of Transportation (Caltrans),
the Los Angeles County Metropolitan Transportation Authority,
and the Commissioner of the California Highway Patrol (CHP). The
Secretary of Business, Transportation and Housing shall designate a
chair and vice chair.
(d) Members of the committee task force
shall serve without compensation, and no state funds may be
used to compensate the members for expenses incurred in the
performance of their official duties.
(e) The committee task force shall
be responsible for development of a work program and coordinating
efforts of the participating agencies in implementation efforts. The
committee task force shall from time to
time consult stakeholders affected by the work plans as they are
developed. The stakeholders should include, at a minimum,
representatives from trucking organizations, labor organizations,
businesses engaged in commercial vehicle operations, and the San
Pedro Bay Ports.
(f) The committee task force shall
consider the following activities, which address areas to be
emphasized, including, but not be limited to, major policy issues
related to commercial vehicle enforcement:
(1) Evaluate the current commercial vehicle fine structure and the
relative distribution of the resulting revenues.
(2) Evaluate the potential to standardize fine structure and
process.
(3) Make recommendations as to whether it is desirable to relate
the level of fines to the level of damage to infrastructure and the
risk of harm to people.
(4) Review current statutory authority for rerouting vehicles.
(5) Review role of transponders or other technology devices in
relation to registration of commercial vehicles.
(6) Review Weigh-in-Motion (WIM) devices as a legal enforcement
tool.
(7) Review Vehicle Dimension-in-Motion (VDIM) devices as a legal
enforcement tool.
(8) Review Automated Vehicle Identification (AVI) devices as a
legal enforcement tool.
(9) Review Automated Driver Identification (ADI) devices as a
legal enforcement tool.
(10) Review Automated Load Identification (ALI) devices as a legal
enforcement tool.
(11) Evaluate the siting of truck enforcement facilities in
South East Southeast Los Angeles
County.
(12) Evaluate the advantages and disadvantages in the development
of automated systems for truck enforcement and inspection for
South East Southeast Los Angeles
County.
(g) The committee task force shall
provide a summary of its recommendations regarding all action items
to each member agency prior to submitting the annual report required
pursuant to subdivision (b).
(h) Initial tasks for the steering committee
task force shall be the development of a work program that
results in the development of a series of specific targeted actions
in conformance with each of the following four major action steps to
address the areas to be emphasized as specified in subdivision (f):
(1) Convening participants.
(2) Gathering and analyzing relevant data.
(3) Brainstorming of actions.
(4) Refinement of actions.
(i) The committee task force shall
not be required to implement the provisions of this section except to
the extent that nonstate funds are available to the
committee task force for that purpose.
(j) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.