BILL NUMBER: AB 2313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 24, 2012

    An act to amend Section 12801.5 of the Vehicle Code,
relating to driver's licenses.   An act to amend Section
260 of, and to add Section 4000.39 to, the Vehicle Code, relating to
vehicles. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, as amended, Grove.  Driver's licenses:
applications.   Vehicles: pickup trucks.  
   Existing law excludes from the definition of "commercial vehicle,"
among other vehicles, passenger vehicles and house cars that are not
used for the transportation of persons for hire, compensation, or
profit. Existing law requires the Department of Motor Vehicles, upon
proper application, to issue or renew the registration of a vehicle.
 
   This bill would additionally exclude from the definition of
"commercial vehicle" pickup trucks that are not used for the
transportation of persons for hire, compensation, or profit. The bill
would require the department to revise the application form for the
issuance or renewal of a vehicle registration to allow a person to
designate whether a pickup truck will or will not be used for
commercial purposes. The bill would impose an administrative penalty
in an amount not to exceed $5,000 on a person who falsely designates
that his or her pickup truck will not be used for commercial
purposes.  
   Existing law requires the Department of Motor Vehicles, upon
proper application, to issue driver's licenses and identification
cards. Existing law requires an application to include satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.  
   This bill would make a technical, nonsubstantive change to that
application requirement. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 260 of the   Vehicle
Code   is amended to read: 
   260.  (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
   (b) Passenger vehicles  and   ,  house
cars  , and pickup trucks  that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
   (c)  Any   A  vanpool vehicle is not a
commercial vehicle.
   (d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.

   SEC. 2.    Section 4000.39 is added to the  
Vehicle Code   , to read:  
   4000.39.  (a) The department shall revise an application form for
the registration of, or the renewal of the registration of, a vehicle
to allow a person to designate whether a pickup truck, if
applicable, will or will not be used for commercial purposes.
   (b) A person who falsely designates that his or her pickup truck
will not be used for commercial purposes is liable for an
administrative penalty in an amount not to exceed five thousand
dollars ($5,000).  
  SECTION 1.    Section 12801.5 of the Vehicle Code
is amended to read:
   12801.5.  (a) Notwithstanding any other law, the department shall
require an applicant for an original driver's license or
identification card to submit satisfactory proof that the applicant's
presence in the United States is authorized under federal law.
   (b) The department shall not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.
   (c) The department shall adopt regulations to carry out the
purposes of this section, including procedures for, but not limited
to, (1) verifying that the applicant's presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
   (d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver's licenses and identification cards, in
order for the state to request reimbursement from the federal
government.
   (e) Notwithstanding Section 40300 or any other provision of law, a
peace officer may not detain or arrest a person solely on the belief
that the person is an unlicensed driver, unless the officer has
reasonable cause to believe the person driving is under the age of 16
years.
   (f) The inability to obtain a driver's license pursuant to this
section does not abrogate or diminish in any respect the legal
requirement of every driver in this state to obey the motor vehicle
laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.