BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 734
          Author:   Lowenthal (D)
          Amended:  8/27/09
          Vote:     21

           
           SEN. TRANSPORTATION & HOUSING COMMITTEE  :  10-0, 4/28/09
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman,  
            Hollingsworth, Kehoe, Pavley, Simitian, Wolk
          NO VOTE RECORDED:  Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  36-0, 5/18/09 (Consent)
          AYES:  Aanestad, Alquist, Ashburn, Benoit, Calderon,  
            Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,  
            Ducheny, Dutton, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,  
            Oropeza, Padilla, Pavley, Runner, Simitian, Steinberg,  
            Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Cedillo, Florez, Romero, Vacancy

           ASSEMBLY FLOOR  :  78-0, 09/01/09 - See last page for vote


           SUBJECT  :    General transportation clean-up

           SOURCE  :     Author


           DIGEST  :    This bill makes several clean-up, clarifying,  
          and non-controversial changes related to transportation  
          law.
                                                           CONTINUED





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           Assembly Amendments  delete provisions of the bill which  
          clarified that any interest earned on the investment of  
          funds from the Local Streets and Road Improvement,  
          Congestion Relief, and Traffic Safety Account, as  
          established by Proposition 1B of 2006, must be used for  
          transportation facilities, and an obsolete deadline for  
          adopting State Transportation Improvement Program  
          guidelines.  In addition, the amendments add provisions to  
          the bill which confirm the existing statutory  
          interpretation and practice of the Department of Motor  
          Vehicles that the registration of a vehicle owned by a  
          nonprofit public benefit corporation that administers a  
          countywide coordinated paratransit plan is exempt from  
          vehicle registration fees.

           ANALYSIS  :    

          This bill:

          1.Conforms state law to federal law by clarifying that  
            drivers employed by public utilities are exempt from  
            hours-of-service regulations that apply to the movement  
            of vehicles engaged in intrastate commerce.

          2.Establishes statutory definitions of "bicycle path" and  
            "bicycle path crossing" to clarify the types of  
            facilities that bicycles are permitted to use.

          3.Removes obsolete language in a statutory provision  
            regarding driving violation points.

          4.Clarifies that state law does not prohibit bicycles from  
            operating on sidewalks and crosswalks, where permitted by  
            local ordinance.

          5.Clarifies that a driver's obligation to stop at an  
            intersection which has traffic signals that are  
            inoperative applies regardless of the reason that the  
            signals are inoperative.

          6.Adds a missing cross-reference in the statute prohibiting  
            a person from parking in a space designated for a  
            disabled person to the statute requiring state agencies  







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            to provide one parking space for a disabled person for  
            every 25 parking spaces it provides.

          7.Clarifies the time period during which a person may  
            request an initial review of a parking violation notice.

          8.Requires an agency issuing parking citations to provide  
            notice of the availability of penalty waivers prior to  
            receiving a request for an administrative hearing  
            appealing the citation.

          9.Confirms the existing statutory interpretation and  
            practice of the Department of Motor Vehicles (DMV) that  
            the registration of a vehicle owned by a nonprofit public  
            benefit corporation that administers a countywide  
            coordinated paratransit plan is exempt from vehicle  
            registration fees.

           Comments
           
           Purpose  .  The purpose of this bill is to combine multiple,  
          non-controversial changes to statutes into one bill so that  
          the Legislature may make minor amendments in a  
          cost-effective manner.

           Prior Legislation
           
          Most of these provisions were also contained in SB 432  
          (Lowenthal), 2007-08 Session.  The bill was passed by the  
          Legislature but vetoed by the Governor with the following  
          message:

            "The historic delay in passing the 2008-09 State Budget  
            has forced me to prioritize the bills sent to my desk  
            at the end of the year's legislative session.  Given  
            the delay, I am only signing bills that are the highest  
            priority in California. This bill does not meet that  
            standard and I cannot sign it at this time."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  







                                                                SB 734
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            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Buchanan, Vacancy


          JJA:cm  9/2/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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