Bill Text: CA AB1201 | 2017-2018 | Regular Session | Amended

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Bill Title: Motorized bicycles.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1201 Detail]

Download: California-2017-AB1201-Amended.html

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Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1201

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Introduced by Assembly Member Chiu

February 17, 2017

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An act to amend Section 1653.5 406 of the Vehicle Code, relating to driver’s licenses. motorized bicycles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1201, as amended, Chiu. Drivers’ licenses. Motorized bicycles.

Existing law defines a “motorized bicycle” or “moped” as a 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, with an automatic transmission and motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. Existing law requires every manufacturer of a motorized bicycle to provide a disclosure to a buyer that his or her existing insurance policy may not provide coverage for these bicycles and that the buyer should contact his or her insurance agent to determine if coverage is provided. Existing law generally makes a violation of the Vehicle Code an infraction.

This bill would increase the allowable gross brake horsepower of motorized bicycles or mopeds from less than 4 to less than 5 in that definition. By changing the scope of an existing crime, this bill would impose a state-mandated local program.

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 requires specified forms filed with the Department of Motor Vehicles to contain a social security account number. Existing law exempts specified individuals, who were not issued social security account numbers, from this requirement.

This bill would make a technical, nonsubstantive change to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 406 of the Vehicle Code is amended to read:

406.

 (a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 five gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:

(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.

(2) The disclosure shall include the following language in capital letters:

“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”

SEC. 2.

 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 1653.5 of the Vehicle Code, as amended by Section 2 of Chapter 452 of the Statutes of 2014, is amended to read:

1653.5.

(a)Each form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver’s license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicant’s social security account number.

(b)Each form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicant’s driver’s license or identification card number.

(c)Except as provided in Section 12801, a person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicant’s social security account number, or pursuant to subdivision (b), the applicant’s driver’s license or identification card number, if any, shall furnish the appropriate number in the space provided.

(d)Except as provided in Section 12801, the department shall not complete an application that does not include the applicant’s social security account number or driver’s license or identification card number as required under subdivision (c).

(e)An applicant’s social security account number shall not be included by the department on a driver’s license, identification card, registration, certificate of title, or any other document issued by the department.

(f)Notwithstanding any other law, information regarding an applicant’s social security account number, or ineligibility for a social security number, obtained by the department pursuant to this section, is not a public record, and shall not be disclosed by the department except for any of the following purposes:

(1)Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Block Grants to States for Temporary Assistance for Needy Families), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code.

(2)Implementation of Section 12419.10 of the Government Code.

(3)Responding to information requests from the Franchise Tax Board for the purpose of tax administration.

(g)This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner.

(h)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.