Amended in Assembly June 18, 2014

Amended in Assembly June 5, 2013

Amended in Senate April 30, 2013

Amended in Senate April 15, 2013

Amended in Senate April 9, 2013

Senate Bill No. 501

Introduced by Senator Corbett

February 21, 2013

An act to begin delete add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to privacy end delete begin insert amend Section 12804.9 of the Vehicle Code, relating to drivers end insert begin insert ’ licenses end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 501, as amended, Corbett. begin delete Social networking Internet Web sites: privacy: minors. end delete begin insert Drivers’ licenses: examinations: driving tests: proof of financial responsibility. end insert

begin insert

Existing law requires an applicant for an original driver’s license to take an examination that includes an actual demonstration of the applicant’s ability to exercise control of a motor vehicle by driving it under the supervision of an examining officer. Existing law allows the examining officer to request evidence of financial responsibility for the vehicle prior to supervising the driving portion of the examination.

end insert begin insert

This bill would allow evidence of financial responsibility to be provided for the above purposes using a mobile electronic device.

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Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its site or online service to conspicuously post its privacy policy on its Internet Web site. Existing law also prescribes various prohibitions with regard to disclosures of personal information related to, among other things, driver’s licenses, social security numbers, and direct marketing.

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This bill would require a social networking Internet Web site, as defined, to remove the personal identifying information, as defined, of any registered user that is accessible online, within 96 hours after his or her request and would also require removal of that information in that same manner regarding a user under 18 years of age upon request by the user’s parent or legal guardian. The bill would also authorize a social networking Internet Web site to require a request submitted for the removal of personal identifying information to include a specified statement. The bill would not require removal or elimination of the personal identifying information if federal or state law otherwise requires the social networking Internet Web site to maintain the information. The bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. 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 Section 12804.9 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
the provisions of this code governing the operation of vehicles
upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for any applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. begin insert The evidence of financial responsibility may be
provided using a mobile electronic device, as defined in subdivision
(f) of Section 16028. end insert The examining officer may refuse to examine
an applicant who is unable to provide proof of financial
responsibility for the vehicle, unless proof of financial
responsibility is not required by this code.

(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating or gross vehicle weight of more than 10,000
pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds, except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating or gross vehicle weight of more than 26,000 pounds
towing another vehicle with a gross vehicle weight rating or gross
vehicle weight of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating or
gross vehicle weight of 26,000 pounds or less, including when the
vehicle is towing a trailer or semitrailer with a gross vehicle weight
rating or gross vehicle weight of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license
upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for
compensation.

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J) A bus with a gross vehicle weight rating or gross vehicle
weight of 26,000 pounds or less, except a trailer bus.

(K)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may
be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold any driver certificate or any driver’s license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking any special examination
for the operation of a motorized bicycle, and without having a
class M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination
required for a class B license when operating vanpool vehicles. In
order to be eligible to drive the vanpool vehicle, the driver shall
keep in the vanpool vehicle a statement, signed under penalty of
perjury, that he or she has not been convicted of reckless driving,
drunk driving, or a hit-and-run offense in the last five years.

begin delete

SECTION 1.  

Part 2.8 (commencing with Section 60) is added
to Division 1 of the Civil Code, to read:

 

PART 2.8.  SOCIAL NETWORKING PRIVACY ACT

 

60.  

(a) A social networking Internet Web site shall remove
the personal identifying information of a registered user that is
accessible online in a timely manner upon his or her request. In
the case of a registered user who identifies himself or herself as
being under 18 years of age, the social networking Internet Web
site shall also remove the information in a timely manner upon the
request of a parent or legal guardian of the registered user.

(b) A request submitted by a registered user pursuant to
subdivision (a) shall include sufficient information to verify the
identity of the user and shall specify any known location of the
information that is the subject of the request.

(c) A social networking Internet Web site may require a request
submitted by a registered user pursuant to subdivision (a) to include
the following statement:

 

“I attest that the information in this request is accurate, that I am
the registered user or the parent or legal guardian of the registered
user to whom the personal identifying information in this request
pertains, and that I am authorized to make this request under the
laws of the State of California.”

 

(d) A social networking Internet Web site is not required to
remove or otherwise eliminate personal identifying information if
any other provision of federal or state law requires the Internet
Web site to maintain the information.

(e) This section shall not be construed to limit the authority of
a law enforcement agency to obtain any content or information
from a social networking Internet Web site as authorized by law
or pursuant to an order of a court of competent jurisdiction.

62.  

For purposes of this part:

(a) “In a timely manner” means within 96 hours of delivery of
the request.

(b) “Personal identifying information” means a person’s street
address, telephone number, driver’s license number, state
identification card number, social security number, employee
identification number, mother’s maiden name, demand deposit
account number, savings account number, or credit card number.

(c) “Registered user” means any person who has created an
account for purposes of accessing a social networking Internet
Web site.

(d) “Social networking Internet Web site” means an Internet
Web-based service that allows an individual to construct a public
or partly public profile within a bounded system, articulate a list
of other users with whom the individual shares a connection, and
view and traverse his or her list of connections and those made by
others in the system.

65.  

(a) A social networking Internet Web site that willfully
and knowingly violates any provision of this part shall be liable
for a civil penalty, not to exceed ten thousand dollars ($10,000)
for each violation of this part.

(b) Nothing in this part shall be construed to allow the
imposition of a civil penalty for an unintentional violation of a
provision of this part.

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