Bill Text: CA AB2594 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicle registration and toll charges.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 969, Statutes of 2022. [AB2594 Detail]
Download: California-2021-AB2594-Amended.html
Bill Title: Vehicle registration and toll charges.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 969, Statutes of 2022. [AB2594 Detail]
Download: California-2021-AB2594-Amended.html
|
Amended
IN
Senate
June 22, 2022 |
|
Amended
IN
Senate
June 20, 2022 |
|
Amended
IN
Assembly
May 19, 2022 |
|
Amended
IN
Assembly
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2594
| Introduced by Assembly Member Ting (Coauthor: Assembly Member Friedman) (Coauthor: Senator Limón) |
February 18, 2022 |
An act to amend Sections 12800 and 23302 of, to add Sections 23304, 23305, 23306, 23307, 23308, 23309, 40269.5, and 40269.6 to, and to amend, repeal, and add Sections 40255, 40258, and 40262 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2594, as amended, Ting.
Vehicle registration and toll charges.
Existing law requires the application for an original driver’s license or renewal of a driver’s license to contain specified information, including the applicant’s name, age, gender category, mailing address, and residence address.
Commencing January 1, 2027, this bill would require the application for an original driver’s license or renewal of a driver’s license to include a statement that the applicant may also need to change their address for purposes of their vehicle registration.
Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it
communicates other toll payment methods.
This bill, with respect to a toll bridge, would require an issuing agency that permits pay-by-plate toll payment or that permits payment by a transponder or other electronic toll payment device to send an invoice by mail for any unpaid toll to the registered vehicle owner. The bill would require the invoice to include a notice to the registered owner that, unless the registered owner pays the toll by the due date shown on the invoice, a toll evasion penalty will be assessed. The bill would require that if the toll charge is not paid within a specified amount of time, the nonpayment would be deemed an evasion of tolls and would require the issuing agency or processing agency to mail a notice of toll evasion violation to the registered owner, as specified. These provisions would become operative on July 1, 2024.
This bill would require an issuing agency to allow a driver of a rental
vehicle to register the rental vehicle to a transponder or other electronic toll payment device account with the issuing agency prior to traveling on the issuing agency’s toll facility, for the purpose of paying all tolls, and would require a rental car agency to provide the customer with written or electronic notice regarding information about how to open an account or acquire a transponder for use of each issuing agency’s toll facility. These provisions would become operative on July 1, 2024.
This bill would require an issuing agency that operates an electronic toll collection system that permits payment by a transponder or other electronic toll payment device to make the transponder or other electronic toll payment device available for acquisition online, by mail, and in person at retail outlets and at the issuing agency or processing agency office, as specified. The bill would prohibit the price of the transponder or other electronic toll payment device from
exceeding the reasonable cost to procure and distribute the device. The bill would require the issuing agency’s office to be open to the public during specified hours to allow a person to conduct specified transactions, including acquiring a transponder or other electronic toll payment device or paying a toll invoice. The bill would also require the issuing agency to maintain a customer service telephone line during specified hours. These provisions would become operative on July 1, 2024.
Existing law authorizes a person, within the later of 21 days from the issuance of a notice of toll evasion violation or 15 days from the mailing of the notice delinquent toll evasion, to contest the notice of toll evasion violation or notice of delinquent toll evasion. Existing law requires the processing agency to investigate, or to request the issuing agency to investigate, the circumstances of the notice with respect to the contestant’s reasons for contesting the toll evasion
violation.
This bill would extend the applicable number of days from the mailing of the notice of delinquent toll evasion to 30 days, and would specify that the contestant is not required to deposit the outstanding penalty. The bill would require the processing agency or issuing agency, at a minimum, to review the evidence on which the alleged violation was based, as specified. The bill would require the issuing agency to waive toll evasion penalties for a first violation with the issuing agency under designated circumstances. These provisions would become operative on July 1, 2024.
Existing law requires a notice of delinquent toll evasion violation to include a notice to the registered owner that renewal of the vehicle registration will be contingent upon compliance with the notice, unless the registered owner pays the penalty within 15 days after mailing of the notice, or takes
other specified actions.
This bill would revise the notice requirements to apply when the toll evasion penalty has not been paid within 30 days after the notice of delinquent toll evasion violation has been mailed, and makes renewal of the person’s vehicle registration contingent on compliance with the notice of delinquent toll evasion violation. The bill would require the department to refuse renewal of a person’s vehicle registration if notified by the issuing agency or processing agency that the registered owner has failed to pay the toll, toll evasion penalty, and related fees within the designated time period, or is delinquent under a payment plan for more than 10 business days, as prescribed. This bill would establish maximum toll evasion violation penalty amounts for toll bridge violations and toll highway, toll road, and express lane violations, as prescribed. These provisions would become operative on July 1, 2024.
This bill would require an issuing agency to establish a payment plan option, as specified, applicable to all outstanding toll evasion penalties. The bill would require the issuing agency to post information regarding the payment plan policy on its internet website. The bill would require these provisions to be operative on January July 1, 2023, for toll bridges. With respect to toll highways, toll roads, and express lanes, the bill would require the provisions to be operative on July 1, 2024.
This bill would establish a one-time waiver program for outstanding toll evasion penalties for toll evasion violations on a toll bridge occurring from March 20, 2020 to January 1, 2023, inclusive. The bill would make the waiver
program available, upon request, to individuals who meet specified income eligibility criteria and satisfy other requirements, including payment of the total amount of all outstanding tolls subject to the penalty waiver, as specified.
By imposing new duties on local government issuing agencies, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12800 of the Vehicle Code, as added by Section 16 of Chapter 853 of the Statutes of 2017, is amended to read:12800.
Each application for an original or a renewal of a driver’s license shall contain all of the following information:(a) (1) The applicant’s true full name, age, gender category, mailing address, residence address, and, except as provided in Section 12801, social security account number.
(2) The applicant shall choose their gender category of female, male, or nonbinary.
(3) The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender
category other than the following:
(A) The applicant’s self-certification of their chosen gender category.
(B) Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been
licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects the applicant’s ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.
(k) (1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.
(2) The information described in paragraph (1) shall be given to the person orally if the driver’s license application
or renewal is done in person.
(l) The department shall adopt regulations to provide a process for an amendment to a gender category.
(m) This section shall become operative on January 1, 2019.
(n) 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 website.
SEC. 2.
Section 12800 of the Vehicle Code, as amended by Section 4 of Chapter 254 of the Statutes of 2021, is amended to read:12800.
Each application for an original or a renewal of a driver’s license shall contain all of the following information:(a) (1) The applicant’s true full name, age, gender category, mailing address, residence address, and social security account number.
(2) The applicant shall choose their gender category of female, male, or nonbinary.
(3) The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender category other than the following:
(A) The applicant’s self-certification of their chosen gender category.
(B) Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant, which has been confirmed by the department to be on file prior to issuance of a driver’s license.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects their ability to exercise reasonable and ordinary control in operating a motor
vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.
(k) (1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.
(2) The information described in paragraph (1) shall be given to the person orally if the
driver’s license application or renewal is done in person.
(l) The department shall adopt regulations to provide a process for an amendment to a gender category.
(l) This section shall become operative 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 website.
SEC. 3.
Section 23302 of the Vehicle Code is amended to read:23302.
(a) (1) It is unlawful for a driver to fail to pay tolls or other charges on any vehicular crossing or toll highway. Except as otherwise provided in subdivision (b), (c), or (d), it is prima facie evidence of a violation of this section for a person to drive a vehicle onto any vehicular crossing or toll highway without either lawful money of the United States in the driver’s immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that driver or a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.(2) Except as
specified in paragraph (3), if a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located in or on the vehicle in a location so as to be visible for the purpose of enforcement at all times when the vehicle is located on the vehicular crossing or toll highway. If required by the operator of a vehicular crossing or toll highway, this requirement applies even if the operator offers free travel or nontoll accounts to certain classes of users.
(3) If a motorcyclist uses a transponder or other electronic toll payment device to lawfully enter a vehicle crossing or toll highway, the motorcyclist shall use any one of the following methods as long as the transponder or device is able to be read by the toll operator’s detection equipment:
(A) Place the transponder or other electronic toll payment device in the motorcyclist’s pocket.
(B) Place the transponder or other electronic toll payment device inside a cycle net that drapes over the gas tank of the motorcycle.
(C) Mount the transponder or other electronic toll payment device on license plate devices provided by the toll operator, if the toll operator provides those devices.
(D) Keep the transponder or other electronic toll payment device in the glove or storage compartment of the motorcycle.
(E) Mount the transponder or other electronic toll payment device on the windshield of the motorcycle.
(b) For vehicular crossings and toll highways that use electronic toll collection as the only method of paying tolls or other charges, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.
(c) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges, in accordance with policies adopted by the issuing agency, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without at least one of the following:
(1) Lawful money of the United States in the driver’s immediate
possession in an amount sufficient to pay the prescribed tolls or other charges due from that person.
(2) A transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.
(3) Valid vehicle license plates, registered to a vehicle with an up-to-date vehicle registration address pursuant to Section 4159, properly attached pursuant to Section 4850.5 or 5200 to the vehicle in which that driver enters onto the vehicular crossing or toll highway.
(d) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges in accordance
with policies adopted by the issuing agency, and where electronic toll collection is the only other method of paying tolls or other charges, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without either a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls or valid vehicle license plates, registered to a vehicle with an up-to-date vehicle registration address pursuant to Section 4159, properly attached to the vehicle pursuant to Section 4850.5 or 5200 in which that driver enters onto the vehicular crossing or toll highway.
(e) As used in this article, “pay-by-plate toll payment” means an issuing agency’s use of on-road vehicle license plate identification
recognition technology to accept payment of tolls in accordance with policies adopted by the issuing agency.
(f) This section does not require an issuing agency to offer pay-by-plate toll processing as a method for paying tolls.
SEC. 4.
Section 23304 is added to the Vehicle Code, to read:23304.
(a) With respect to a toll bridge, an issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 or that permits payment by a transponder or other electronic toll payment device shall send an invoice by mail for any unpaid toll to the registered vehicle owner. The invoice shall include a notice to the registered owner that, unless the registered owner pays the toll by the due date shown on the invoice, a toll evasion penalty will be assessed. The invoice due date shall not be less than 30 days from the invoice date.(b) If a toll invoice is not paid by the due date shown on the invoice, the nonpayment shall be
deemed an evasion of tolls and the issuing agency, or processing agency as the case may be, shall mail a notice of toll evasion violation to the registered owner pursuant to subdivision (a) of Section 40254.
(c) This section shall become operative on July 1, 2024.
SEC. 5.
Section 23305 is added to the Vehicle Code, to read:23305.
(a) An issuing agency shall allow a driver of a rental vehicle to register the rental vehicle to a transponder or other electronic toll payment device account with the issuing agency prior to traveling on the issuing agency’s toll facility for the purpose of paying all tolls with a credit or debit card. The issuing agency may require the use of a transponder for this purpose.(b) The public entities operating or planning to implement a toll facility in this state shall cooperate to publish an internet website at which the public and rental car agencies can view and download, or that provides direct links to, information about how to open an account or
acquire a transponder or other electronic toll payment device, for use of each issuing agency’s toll facility. The rental car agency shall provide the customer with a written or electronic notice, including the electronic link for the internet website. The notice shall be separate from the rental contract and, if an electronic notice, emailed to the rental customer.
(c) This section shall become operative on July 1, 2024.
SEC. 6.
Section 23306 is added to the Vehicle Code, to read:23306.
(a) (1) An issuing agency that operates an electronic toll collection system that permits payment by a transponder or other electronic toll payment device shall, directly or through a third-party vendor, make the transponder or other electronic toll payment device available for acquisition online, by mail, and in person at a retail outlet, the office of an issuing agency or processing agency, as defined in Section 40253, or customer service center.(2) At least one retail
outlet, kiosk, or customer service center that offers the transponder or other electronic toll payment device associated with the issuing agency shall be located within the jurisdiction of the issuing agency.
(3) The issuing agency shall post on an internet website related to its electronic toll collection system locations where tolls may be paid with cash, and locations at which a transponder or other electronic toll payment device may be acquired.
(b) The price of the transponder or other electronic toll payment device shall not exceed the reasonable cost to the issuing agency based on the estimated cost to procure and distribute the device.
(c) As used in this article, “retail outlet” includes
a store managed by the issuing agency, a cash payment location, or other locations not managed by the issuing agency.
(d) This section shall become operative on July 1, 2024.
SEC. 7.
Section 23307 is added to the Vehicle Code, to read:23307.
(a) If an issuing agency offers a transponder or other electronic toll payment device, a person shall be allowed to acquire a transponder or other electronic toll payment device with cash, or with a credit or debit card, and shall be allowed to load a minimum of one hundred dollars ($100) onto the associated account with cash or with a credit or debit card.(b) Except as otherwise provided in subdivision (b) of Section 23306, there shall be no additional transaction fee charged to acquire the transponder or other electronic toll payment device.
(c) An issuing agency shall not assess any additional
transaction fee to the amount a person is charged by a cash payment network company to load funds to an account using cash through a cash payment network.
(d) This section shall become operative on July 1, 2024.
SEC. 8.
Section 23308 is added to the Vehicle Code, to read:23308.
(a) Subject to extenuating circumstances and holidays, the hours during which one of the issuing or processing agency’s offices or customer service centers are open to the public to provide customer service related to electronic toll collection shall include at least five hours per week between the hours of 6 a.m to 8 a.m. or 5 p.m. to 7 p.m., or on a Saturday.(b) A person shall be able to conduct all of the following transactions at either the issuing agency’s office or customer service center:
(1) Acquire the issuing agency’s transponder or other electronic toll payment device.
(2) Load money onto an account with the issuing agency.
(3) Pay a toll notice, including fines and penalties.
(4) Register or remove a license plate to or from a transponder or other electronic toll payment device account with the issuing agency for payment of tolls.
(c) Except as otherwise provided in subdivision (b) of Section 23306, the issuing agency shall not charge persons paying cash an additional transaction fee for any transaction listed in paragraphs (1) to (3), inclusive, of subdivision (b) that are conducted at the issuing or processing agency’s office, or customer service center. There shall be at least one issuing or processing agency’s
office or customer service center within the issuing agency’s jurisdiction.
(d) The issuing agency shall have two or more physical locations within each county in which a toll facility operated by the issuing agency is located for purposes of conducting the transactions set forth in paragraphs (2) and (3) of subdivision (b).
(e) This section shall become operative on July 1, 2024.
SEC. 9.
Section 23309 is added to the Vehicle Code, to read:23309.
(a) Subject to extenuating circumstances and holidays, the issuing agency, directly or through a third-party vendor, shall maintain a customer service telephone line that shall be operated by a live person for at least 35 hours per week between the hours of 8 a.m. to 5 p.m. and an additional 5 hours per week between the hours of 6 a.m. to 8 a.m., from 5 p.m. to 7 p.m., or on a Saturday. The customer service telephone line shall be available to address questions related to acquiring a transponder or other electronic toll payment device, paying toll notices, disputing tolls and penalties, setting up payment plans, and registering the license plate of a vehicle to a transponder or other electronic toll payment device account.(b) The customer service telephone line shall provide language interpreter services and assistance for deaf or hard-of-hearing individuals.
(c) This section shall become operative on July 1, 2024.
SEC. 10.
Section 40255 of the Vehicle Code is amended to read:40255.
(a) Within 21 days from the issuance of the notice of toll evasion violation, or within 15 days from the mailing of the notice of delinquent toll evasion, whichever occurs later, a person may contest a notice of toll evasion violation or a notice of delinquent toll evasion. In that case, the processing agency shall do the following:(1) The processing agency shall either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the notice with respect to the contestant’s written explanation of reasons for contesting the toll evasion violation. If, based upon the results of that investigation, the processing agency is satisfied that
the violation did not occur or that the registered owner was not responsible for the violation, the processing agency shall cancel the notice of toll evasion violation and make an adequate record of the reasons for canceling the notice. The processing agency shall mail the results of the investigation to the person who contested the notice of toll evasion violation or the notice of delinquent toll evasion violation.
(2) If the person contesting a notice of toll evasion violation or notice of delinquent toll evasion violation is not satisfied with the results of the investigation provided for in paragraph (1), the person may, within 15 days of the mailing of the results of the investigation, deposit the amount of the toll evasion penalty and request an administrative review. After January 1, 1996, an administrative hearing shall be held within
90 calendar days following the receipt of a request for an administrative hearing, excluding any time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(b) The administrative review procedure shall consist of the following:
(1) The person requesting an administrative review shall indicate to the processing agency their election for a review by mail or personal conference.
(2) If the person requesting an administrative review is a minor, that person shall be permitted to appear at an administrative review or admit responsibility for a toll evasion violation without the necessity of the appointment of a guardian. The processing agency
may proceed against that person in the same manner as if that person were an adult.
(3) (A) The administrative review shall be conducted before a reviewer designated to conduct the review by the issuing agency’s governing body or chief executive officer. In the case of violations on facilities developed pursuant to Section 143 of the Streets and Highways Code, the processing agency shall contract with a public agency or a private entity that has no financial interest in the facility for the provision of administrative review services pursuant to this subdivision. The costs of those administrative review services shall be included in the administrative fees authorized by this article.
(B) In addition to any other requirements of employment, a reviewer shall
demonstrate those qualifications, training, and objectivity prescribed by the issuing agency’s governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this article.
(C) The examiner’s continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner.
(4) The officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a
statement under penalty of perjury from the person reporting the violation. The documentation in proper form shall be considered prima facie evidence of the violation.
(5) For a toll evasion violation that occurs on a vehicular crossing or toll highway where the issuing agency allows pay-by-plate toll payment, as defined in subdivision (e) of Section 23302, the officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement from the officer or person authorized to issue a notice of toll evasion that the tolls or other
charges and any applicable fee was not paid in accordance with the issuing agency’s policies for pay-by-plate toll payment. Any officer or person who knowingly provides false information pursuant to this paragraph shall be subject to a civil penalty for each violation in the minimum amount of two hundred fifty dollars ($250) up to a maximum amount of two thousand five hundred dollars ($2,500). An action for a civil penalty may be brought by any public prosecutor in the name of the people of the State of California. The documentation in proper form shall be considered prima facie evidence of the violation.
(6) The review shall be conducted in accordance with the written procedure established by the processing agency which shall ensure fair and impartial review of contested toll evasion violations. The agency’s final decision may be delivered
personally or by first-class mail.
(c) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 11.
Section 40255 is added to the Vehicle Code, to read:40255.
(a) Within 21 days from the issuance of the notice of toll evasion violation, or within 30 days from the mailing of the notice of delinquent toll evasion, whichever occurs later, a person may contest a notice of toll evasion violation or a notice of delinquent toll evasion, without having to deposit the outstanding toll or toll evasion penalty. In that case, the processing agency shall do the following:(1) The processing agency shall either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the notice with respect to the contestant’s written explanation of reasons for contesting the toll evasion violation. At
a minimum, the processing agency or issuing agency shall review the evidence on which the alleged violation was based, including any photographs of the alleged violation, the department’s registered owner information, and confirmation that a full and complete payment was not made. If, based upon the results of that investigation, the processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the processing agency shall cancel the notice of toll evasion violation and make an adequate record of the reasons for canceling the notice. The processing agency shall mail the results of the investigation to the person who contested the notice of toll evasion violation or the notice of delinquent toll evasion violation, or may email the results if the person contesting the notice requests email notification in lieu of mail and
provides an email address.
(2) If the person contesting a notice of toll evasion violation or notice of delinquent toll evasion violation is not satisfied with the results of the investigation provided for in paragraph (1), the person may, within 15 days of the mailing or emailing of the results of the investigation, deposit the amount of the toll evasion penalty and request an administrative review. If the person meets the income criteria in subdivision (a) of Section 40269.5, as verified by the issuing or processing agency or their designee, the person shall only be required to deposit the amount of the toll, and not the amount of the toll evasion penalty. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding any time tolled pursuant to
this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(b) The administrative review procedure shall consist of the following:
(1) The person requesting an administrative review shall indicate to the processing agency their election for a review by mail or personal conference.
(2) If the person requesting an administrative review is a minor, that person shall be permitted to appear at an administrative review or admit responsibility for a toll evasion violation without the necessity of the appointment of a guardian. The processing agency may proceed against that person in the same manner as if that person were an adult.
(3) (A) The administrative review shall be conducted before a reviewer designated to conduct the review by the issuing agency’s governing body or chief executive officer. In the case of violations on facilities developed pursuant to Section 143 of the Streets and Highways Code, the processing agency shall contract with a public agency or a private entity that has no financial interest in the facility for the provision of administrative review services pursuant to this subdivision. The costs of those administrative review services shall be included in the administrative fees authorized by this article.
(B) In addition to any other requirements of employment, a reviewer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing
agency’s governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this article.
(C) The examiner’s continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner.
(4) The officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement under penalty of perjury from the person reporting the violation. The
documentation in proper form shall be considered prima facie evidence of the violation.
(5) For a toll evasion violation that occurs on a vehicular crossing or toll highway where the issuing agency allows pay-by-plate toll payment, as defined in subdivision (e) of Section 23302, the officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement from the officer or person authorized to issue a notice of toll evasion that the tolls or other charges and any applicable fee was not paid in accordance with the issuing agency’s policies for pay-by-plate
toll payment. Any officer or person who knowingly provides false information pursuant to this paragraph shall be subject to a civil penalty for each violation in the minimum amount of two hundred fifty dollars ($250) up to a maximum amount of two thousand five hundred dollars ($2,500). An action for a civil penalty may be brought by any public prosecutor in the name of the people of the State of California. The documentation in proper form shall be considered prima facie evidence of the violation.
(6) The review shall be conducted in accordance with the written procedure established by the processing agency which shall ensure fair and impartial review of contested toll evasion violations. The agency’s final decision may be delivered personally or by first-class mail.
(c) This section shall become operative on July 1, 2024.
SEC. 12.
Section 40258 of the Vehicle Code is amended to read:40258.
(a) The schedule of toll evasion penalties for toll evasion violations shall be limited to one hundred dollars ($100) for the first violation, two hundred fifty dollars ($250) for a second violation within one year, and five hundred dollars ($500) for each additional violation within one year.(b) Toll evasion penalties under this article shall be collected as civil penalties.
(c) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 13.
Section 40258 is added to the Vehicle Code, to read:40258.
(a) (1) The schedule of toll evasion penalties for a toll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll evasion violation, and shall not exceed fifty dollars ($50) for the notice of delinquent toll evasion violation for a cumulative total of fifty dollars ($50) for each individual toll evasion violation.(2) Notwithstanding paragraph (1), the schedule of toll evasion penalties may include any administrative fee, fine, or assessment imposed by the state after enactment of this chapter in addition to the cumulative fifty-dollar ($50) limit per each individual toll evasion violation.
(b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of toll evasion violation issued pursuant to subdivision (a) of Section 40254 for a bridge toll evasion, the amount owed shall consist of the amount of the toll without any additional penalties, administrative fees, or charges.
(c) The maximum penalty for each toll evasion violation included in a notice of toll evasion for either a toll highway, toll road, or express lane shall be sixty dollars ($60). The maximum cumulative toll evasion penalty shall not exceed one hundred dollars ($100) for each individual toll evasion violation.
(d) Toll evasion penalties under this article shall be
collected as civil penalties.
(e) The amounts specified in this section may be adjusted periodically by an issuing agency at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(f) An issuing agency shall waive the toll evasion penalty for a first violation with the issuing agency if the person contacts, as applicable, the issuing or processing agency customer service center within 21 days from the mailing of the notice of toll evasion violation, and the person is not currently an accountholder with the issuing agency and signs up for an account. If the issuing agency waives the toll evasion penalty, the person shall still be liable for payment of the toll.
(g) This section shall become operative on July 1, 2024.
SEC. 14.
Section 40262 of the Vehicle Code is amended to read:40262.
(a) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 15 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability which complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation. If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.(b) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 15.
Section 40262 is added to the Vehicle Code, to read:40262.
(a) (1) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 30 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability that complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation.(2) If the toll evasion penalty is not paid as specified in the notice of
delinquent toll evasion violation, the issuing agency may notify the department and the department shall refuse to renew that person’s vehicle registration pursuant to Section 4770. If the registered owner pays the toll, toll evasion penalty, and all related fees, or enters into a payment plan pursuant to Section 40269.5 and makes the first payment, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the issuing agency subsequently notifies the department that the registered owner is delinquent under the payment plan for more than 10 business days, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan.
(b) If the registered owner, by appearance or by mail,
makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.
(c) This section shall become operative on July 1, 2024.
SEC. 16.
Section 40269.5 is added to the Vehicle Code, to read:40269.5.
(a) (1) An issuing agency shall make a payment plan option available to a person whose monthly income is 200 percent of the current poverty guidelines, or less, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code, as determined by the issuing agency or processing agency or their designee.(2) For purposes of verifying a person’s eligibility an issuing agency or processing agency or their designee shall accept all of the following: (A) unexpired proof of enrollment of participation in the CalFresh
program established pursuant to (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), Medi-Cal, or another low-income program with the same or more exacting low-income requirement; or (B) an unexpired county benefit eligibility letter. Other evidence of the persons’ income may also be accepted, as determined to be sufficient by the issuing agency or processing agency or their designee.
(b) The payment plan option for qualifying individuals shall do all of the following:
(1) Apply to toll evasion penalties in excess of one hundred dollars ($100).
(2) Require payment of no more than twenty-five dollars ($25) per month for total outstanding toll evasion penalties of
six hundred dollars ($600) or less.
(3) Include no prepayment penalty for paying off the balance prior to the payment period expiring.
(4) Include a process for removal of any registration hold placed pursuant to Section 4770.
(c) Information regarding the issuing agency’s payment plan policy shall be posted on an internet website related to the issuing agency’s electronic toll collection system.
(d) Notwithstanding subdivision (a), the issuing agency shall not be required to offer more than one payment plan to a person at any given time. The issuing agency shall not be required to offer a person more than two payment plans in a six-year period. The issuing
agency shall not be required to offer a payment plan if the person has more than two thousand five hundred dollars ($2,500) in outstanding toll evasion penalties.
(e) The requirements of subdivisions (a) and (b) are minimum standards only, and shall not limit the discretion of the issuing agency to establish or provide payment plan options that exceed the minimum requirements in those subdivisions, including, but not limited to, allowing payment plans for a person who owes less than the amount specified in paragraph (1) of subdivision (b), and making a payment plan available to more individuals than those who meet the economic criteria in subdivision (a). For those individuals who exceed the income criteria set forth in subdivision (a), the issuing agency may set payment plan requirements that differ from those established in subdivision (a)
or (b), such as requiring higher monthly payments than those specified in paragraph (2) of subdivision (b), or similar requirements.
(f) This section shall become operative on January July 1, 2023, for toll bridges. With respect to toll highways, toll roads, and express lanes, this section shall become operative on July 1, 2024.
SEC. 17.
Section 40269.6 is added to the Vehicle Code, to read:40269.6.
(a) An issuing agency shall provide a one-time waiver of outstanding toll evasion penalties for toll evasion violations on a toll bridge occurring from March 20, 2020, to January 1, 2023, inclusive. The waiver program shall be available, upon request, to individuals whose monthly income is 200 percent of the current poverty guidelines, or less, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code, as determined by the issuing agency or processing agency or their designee.(b) In addition to meeting the income criteria described in
subdivision (a), an eligible individual who applies for a waiver
under this section shall satisfy both of the following conditions:
(1) The applicant shall pay the total amount of all outstanding tolls subject to the penalty waiver, not using the payment plan option established pursuant to Section 40269.5.
(2) The issuing agency may require, as a condition of the waiver, that applicant open an account and acquire a transponder or other electronic toll payment device. This paragraph applies only with respect to vehicles registered in California.
