Bill Text: CA AB2777 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation: omnibus bill.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 478, Statutes of 2010. [AB2777 Detail]

Download: California-2009-AB2777-Enrolled.html

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BILL NUMBER: AB 2777	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 12, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN SENATE  MAY 17, 2010

INTRODUCED BY   Committee on Transportation (Eng (Chair), Jeffries
(Vice Chair), Bill Berryhill, Blumenfield, Buchanan, Furutani,
Galgiani, Bonnie Lowenthal, Miller, Niello, Norby, Solorio, and
Torlakson)
   (Coauthor: Assembly Member John A. Perez)

                        MARCH 1, 2010

   An act to amend Sections 64103 and 14529.01 of, and to repeal
Sections 8588.4 and 14053 of, the Government Code, to amend Section
99170 of the Public Utilities Code, and to amend Sections 1808.1,
5007, 5023, 5024, 8202, and 22511.5 of the Vehicle Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2777, Committee on Transportation. Transportation: omnibus
bill.
   (1) Existing law establishes the California Transportation
Financing Authority, which consists of 7 members, with all powers
reasonably necessary to carry out the powers and responsibilities
expressly granted or imposed under the California Transportation
Financing Authority Act. The act requires that 4 members of the
authority constitute a quorum and that the affirmative vote of a
quorum of the members present at a duly constituted meeting of the
authority is necessary for any action taken by the authority.
   This bill would instead require that an affirmative vote of a
majority of the members present at a duly constituted meeting of the
authority is necessary for any action to be taken by the authority.
   (2) Existing law authorizes specified persons to apply for a set
of commemorative Olympic reflectorized license plates and the
Department of Motor Vehicles is required to issue those special
license plates in lieu of regular license plates. Existing law
requires that the commemorative Olympic reflectorized license plates
be of a distinctive design and available in a special series of
letters or numbers, or both, as determined by the department after
consultation with the United States Olympic Committee.
   Existing law authorizes specified persons to apply for a set of
commemorative collegiate reflectorized license plates, and the
department is required to issue those special license plates in lieu
of the regular license plates. Existing law requires that the
collegiate reflectorized license plates be of a distinctive design,
and available in a special series of letters or numbers, or both, as
determined by the department.
   This bill would authorize the department to also issue those
commemorative reflectorized license plates as environmental license
plates in a combination of numbers or letters, or both, as requested
by the owner or lessee of the vehicle.
   (3) Existing law allows any registrant issued apportioned fleet
registration, 20 days to file a written request for a hearing
following a determination by the Department of Motor Vehicles that
fees are due, including penalties and service fees, for the operation
of a fleet of apportionately registered vehicles and requires that a
lien be placed upon all vehicles operated as part of the fleet and
on any other fleet vehicles operated by the registrant.
   This bill would extend the time to file a written request for a
hearing to 30 days in order to conform to federal law.
   (4) This bill would also delete obsolete provisions, correct an
erroneous cross-reference, and make other technical, nonsubstantive
changes to related transportation provisions.
    (5) This bill would incorporate additional changes in Section
1808.1 of the Vehicle Code proposed by AB 1648 to be operative only
if AB 1648 and this bill are both chaptered and become effective on
or before January 1, 2011, and this bill is chaptered last.
   This bill would also incorporate additional changes in Section
5007 of the Vehicle Code proposed by AB 1944 to be operative only if
AB 1944 and this bill are both chaptered and become effective on or
before January 1, 2011, and this bill is chaptered last.


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

  SECTION 1.  Section 8588.4 of the Government Code is repealed.
  SEC. 2.  Section 14053 of the Government Code is repealed.
  SEC. 3.  Section 14529.01 of the Government Code is amended to
read:
   14529.01.  (a) It is the intent of the Legislature to facilitate
project development work on needed transportation projects to produce
a steady flow of construction projects by adding an advance project
development element to the state transportation improvement program,
beginning with the 2000 State Transportation Improvement Program.
   (b) The advance project development element shall include only
project development activities for projects that are eligible for
inclusion in a state transportation improvement program.
   (c) The fund estimate for each state transportation improvement
program shall designate an amount to be available for the advance
project development element, which shall be not more than 25 percent
of the programmable resources estimated to be available for the first
and second years following the period of the state transportation
improvement program, subject to the formulas in Sections 164, 188,
and 188.8 of the Streets and Highways Code.
   (d) The department, transportation planning agencies, and county
transportation commissions may nominate projects to the commission
for inclusion in the advance project development element through
submission of the regional transportation improvement program and the
interregional transportation improvement program.
   (e) The funds programmed in the advance project development
element may be allocated within the period of the state
transportation improvement program without regard to fiscal year.
   (f) The commission may develop guidelines to implement this
section.
  SEC. 4.  Section 64103 of the Government Code is amended to read:
   64103.  (a) The authority shall consist of seven members, as
follows:
   (1) The Treasurer, who shall serve as the chair of the authority.
   (2) The Director of Finance.
   (3) The Controller.
   (4) The Director of Transportation.
   (5) The executive director of the commission.
   (6) A local agency representative appointed by the Senate
Committee on Rules.
   (7) A local agency representative appointed by the Speaker of the
Assembly.
   (b) Members of the authority shall serve without compensation, but
the authority may reimburse its members for necessary expenses
incurred in the discharge of their duties.
   (c) The Director of Finance may designate an employee of the
Department of Finance to act for him or her at all meetings of the
authority.
   (d) The director of the department may designate an employee of
the department to act for him or her at all meetings of the
authority.
   (e) The executive director of the commission may designate an
employee of the commission to act for him or her at all meetings of
the authority.
   (f) The chair of the authority shall appoint an executive
director. The offices of the authority shall be located in the office
of the Treasurer. The authority may, by resolution, delegate to one
or more of its members or its executive director or any employee of
the authority such powers and duties that it may deem proper,
including, but not limited to, the power to enter into contracts on
behalf of the authority.
   (g) Four members of the authority shall constitute a quorum. The
affirmative vote of a majority of the members present at a duly
constituted meeting of the authority shall be necessary for any
action taken by the authority. Additionally, the authority may not
take any action unless a quorum is present at the time of the vote.
  SEC. 5.  Section 99170 of the Public Utilities Code is amended to
read:
   99170.  (a) A person shall not do any of the following with
respect to the property, facilities, or vehicles of a transit
district:
   (1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.
   (2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.
   (3) Extend any portion of the body through a window opening of a
transit vehicle in a manner that may cause harm or injury.
   (4) Throw an object from a transit vehicle.
   (5) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.
   (6) Violate a notice, prohibition, instruction, or direction on a
sign that is intended to provide for the safety and security of
transit passengers, or the safe and secure operation of the transit
system.
   (b) For purposes of this section, "transit district" means an
entity that qualifies as a claimant, as defined in Section 99203,
eligible to receive allocations under Chapter 4 (commencing with
Section 99200).
   (c) A violation of this section is an infraction under Section
19.8 of the Penal Code punishable by a fine not exceeding
seventy-five dollars ($75), and a violation by a person after a
second conviction is punishable by a fine not exceeding two hundred
fifty dollars ($250) or by community service that does not conflict
with the violator's hours of school attendance or employment for a
total time not to exceed 48 hours over a period not to exceed 60
days.
   (d) A transit district shall provide reasonable notification to
the public of the activities prohibited by this section and the
penalties for violations of those prohibitions.
   (e) This section does not prohibit a person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing,
demonstrating, or distributing handbills.
   (f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005. The transit districts shall
prepare a summary report of these actions and related findings with
respect to the implementation and operation of this section and shall
submit the report to the Legislature on or before January 1, 2006.
   (g) Revenue from fines imposed pursuant to subdivision (c) shall
not be distributed or allocated to the transit agency issuing
citations under this section. Fine revenue instead shall be allocated
to the other entities eligible to receive those funds under existing
law.
  SEC. 6.  Section 1808.1 of the Vehicle Code is amended to read:
   1808.1.  (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
   (b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncancelled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
   (c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
   (d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
   (e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
   (f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
   (g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
   (h) A request to participate in the pull-notice system established
by this section shall be accompanied by a fee determined by the
department to be sufficient to defray the entire actual cost to the
department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
   (i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
   (j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
   (2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
   (k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527 or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
   (l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
   (m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (  l  ) and the employer obligations in
those subdivisions.
  SEC. 6.5.  Section 1808.1 of the Vehicle Code is amended to read:
   1808.1.  (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
   (b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
   (c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
   (d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
   (e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
   (f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
   (g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
   (h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
   (2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
   (i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
   (j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
   (2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
   (k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
   (  l  ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor"
for any purpose.
   (m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (  l  ) and the employer obligations in
those subdivisions.
  SEC. 7.  Section 5007 of the Vehicle Code is amended to read:
   5007.  (a) The department shall, upon application and without
additional fees, issue a special license plate or plates pursuant to
procedures adopted by the department to the following:
   (1) A disabled person.
   (2) A disabled veteran.
   (3) An organization or agency involved in the transportation of
disabled persons or disabled veterans if the motor vehicle that will
have the special license plate is used solely for the purpose of
transporting those persons.
   (b) The special license plates issued under subdivision (a) shall
run in a regular numerical series that shall include one or more
unique two-letter codes reserved for disabled person license plates
or disabled veteran license plates. The International Symbol of
Access adopted pursuant to Section 3 of Public Law 100-641, commonly
known as the "wheelchair symbol" shall be depicted on each plate.
   (c) (1) Prior to issuing a special license plate to a disabled
person or disabled veteran, the department shall require the
submission of a certificate, in accordance with paragraph (2), signed
by the physician and surgeon, or to the extent that it does not
cause a reduction in the receipt of federal aid highway funds, by a
nurse practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands for a disabled person, or
who has significant limitation in the use of lower extremities, may
also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
   (2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
   (d) A disabled person or disabled veteran issued a license plate
or plates under this section shall, upon request, present to a peace
officer, or person authorized to enforce parking laws, ordinances, or
regulations, a certification form that substantiates the eligibility
of the disabled person or veteran to possess the plate or plates.
The certification shall be on a form prescribed by the department and
contain the name of the disabled person or disabled veteran to whom
the plate or plates were issued, and the name, address, and telephone
number of the medical professional described in subdivision (c) who
certified the eligibility of the person or veteran for the plate or
plates.
   (e) The certification requirements of subdivisions (c) and (d) do
not apply to an organization or agency that is issued a special
license plate or plates under paragraph (3) of subdivision (a).
   (f) The special license plate shall, upon the death of the
disabled person or disabled veteran, be returned to the department
within 60 days or upon the expiration of the vehicle registration,
whichever occurs first.
   (g) When a motor vehicle subject to paragraph (3) of subdivision
(a) is sold or transferred, the special license plate or plates
issued to an organization or agency under paragraph (3) of
subdivision (a) for that motor vehicle shall be immediately returned
to the department.
  SEC. 7.5.  Section 5007 of the Vehicle Code is amended to read:
   5007.  (a) The department shall, upon application and without
additional fees, issue a special license plate or plates pursuant to
procedures adopted by the department to the following:
   (1) A disabled person.
   (2) A disabled veteran.
   (3) An organization or agency involved in the transportation of
disabled persons or disabled veterans if the motor vehicle that will
have the special license plate is used solely for the purpose of
transporting those persons.
   (b) The special license plates issued under subdivision (a) shall
run in a regular numerical series that shall include one or more
unique two-letter codes reserved for disabled person license plates
or disabled veteran license plates. The International Symbol of
Access adopted pursuant to Section 3 of Public Law 100-641, commonly
known as the "wheelchair symbol" shall be depicted on each plate.
   (c) (1) Except as provided in paragraph (3), prior to issuing a
special license plate to a disabled person or disabled veteran, the
department shall require the submission of a certificate, in
accordance with paragraph (2), signed by the physician and surgeon,
or to the extent that it does not cause a reduction in the receipt of
federal aid highway funds, by a nurse practitioner, certified nurse
midwife, or physician assistant, substantiating the disability,
unless the applicant's disability is readily observable and
uncontested. The disability of a person who has lost, or has lost use
of, one or more lower extremities or one hand, for a disabled
veteran, or both hands for a disabled person, or who has significant
limitation in the use of lower extremities, may also be certified by
a licensed chiropractor. The blindness of an applicant shall be
certified by a licensed physician and surgeon who specializes in
diseases of the eye or a licensed optometrist. The physician and
surgeon, nurse practitioner, certified nurse midwife, physician
assistant, chiropractor, or optometrist certifying the qualifying
disability shall provide a full description of the illness or
disability on the form submitted to the department.
   (2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
              (3) For a disabled veteran, the department shall
accept, in lieu of the certificate described in paragraph (1), a
certificate from the United States Department of Veterans Affairs
that certifies that the applicant is a disabled veteran as described
in Section 295.7.
   (d) A disabled person or disabled veteran issued a license plate
or plates under this section shall, upon request, present to a peace
officer, or person authorized to enforce parking laws, ordinances, or
regulations, a certification form that substantiates the eligibility
of the disabled person or veteran to possess the plate or plates.
The certification shall be on a form prescribed by the department and
contain the name of the disabled person or disabled veteran to whom
the plate or plates were issued, and the name, address, and telephone
number of the medical professional described in subdivision (c) who
certified the eligibility of the person or veteran for the plate or
plates.
   (e) The certification requirements of subdivisions (c) and (d) do
not apply to an organization or agency that is issued a special
license plate or plates under paragraph (3) of subdivision (a).
   (f) The special license plate shall, upon the death of the
disabled person or disabled veteran, be returned to the department
within 60 days or upon the expiration of the vehicle registration,
whichever occurs first.
   (g) When a motor vehicle subject to paragraph (3) of subdivision
(a) is sold or transferred, the special license plate or plates
issued to an organization or agency under paragraph (3) of
subdivision (a) for that motor vehicle shall be immediately returned
to the department.
  SEC. 8.  Section 5023 of the Vehicle Code is amended to read:
   5023.  (a) A person described in Section 5101 may also apply for a
set of commemorative Olympic reflectorized license plates and the
department shall issue those special license plates in lieu of
regular license plates. The commemorative Olympic reflectorized
license plates shall be of a distinctive design and shall be
available in a special series of letters or numbers, or both, as
determined by the department after consultation with the United
States Olympic Committee. The department may issue the commemorative
Olympic reflectorized license plates as environmental license plates,
as defined in Section 5103, in a combination of numbers or letters,
or both, as requested by the owner or lessee of the vehicle.
   (b) In addition to the regular fees for an original registration
or renewal of registration, the following special fees shall be paid:

   (1) Fifty dollars ($50), inclusive of any administrative fees, for
the initial issuance of the special plates.
   (2) Fifteen dollars ($15) for the transfer of the special plates
to another vehicle.
   (3) Thirty-five dollars ($35) for duplicate, replacement
commemorative Olympic reflectorized license plates of the same number
in the series.
   (4) Thirty dollars ($30) for the annual renewal of the special
plates.
   (c) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the plates upon
sale, trade, or other release of the vehicle upon which the special
plates have been displayed, the person shall notify the department
and the person may retain the special plates.
   (d) All revenue derived from the additional special fees provided
in this section, less costs incurred by the department pursuant to
this section, shall be deposited in the California Olympic Training
Account in the General Fund established pursuant to Section 7592 of
the Government Code.
  SEC. 9.  Section 5024 of the Vehicle Code is amended to read:
   5024.  (a) A person described in Section 5101 may also apply for a
set of commemorative collegiate reflectorized license plates, and
the department shall issue those special license plates in lieu of
the regular license plates. The collegiate reflectorized plates shall
be of a distinctive design, and shall be available in a special
series of letters or numbers, or both, as determined by the
department. The collegiate reflectorized plates shall also contain
the name of the participating institution as well as the
reflectorized logotype, motto, symbol, or other distinctive design,
as approved by the department, representing the participating
university or college selected by the applicant. The department may
issue the commemorative collegiate reflectorized license plates as
environmental license plates, as defined in Section 5103, in a
combination of numbers or letters, or both, as requested by the owner
or lessee of the vehicle.
   (b) Any public or private postsecondary educational institution in
the state, which is accredited or has been accepted as a recognized
candidate for accreditation by the Western Association of Schools and
Colleges, may indicate to the department its decision to be included
in the commemorative collegiate license plate program and submit its
distinctive design for the logotype, motto, symbol, or other design.
However, no public or private postsecondary educational institution
may be included in the program until not less than 5,000 applications
are received for license plates containing that institution's
logotype, motto, symbol, or other design. Each participating
institution shall collect and hold applications for collegiate
license plates until it has received at least 5,000 applications.
Once the institution has received at least 5,000 applications, it
shall submit the applications, along with the necessary fees, to the
department. Upon receiving the first application, the institution
shall have one calendar year to receive the remaining required
applications. If, after that one calendar year, 5,000 applications
have not been received, the institution shall refund to all
applicants any fees or deposits which have been collected.
   (c) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following commemorative collegiate license plate fees shall be paid:
   (1) Fifty dollars ($50) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.
   (2) Forty dollars ($40) for each renewal of registration which
includes the continued display of the plates.
   (3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
   (4) Thirty-five dollars ($35) for replacement plates, if the
plates become damaged or unserviceable.
   (d) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the
commemorative collegiate license plates upon sale, trade, or other
release of the vehicle upon which the plates have been displayed, the
person shall notify the department and the person may retain the
plates.
   (e) Of the revenue derived from the additional special fees
provided in this section, less costs incurred by the department
pursuant to this section, one-half shall be deposited in the
California Collegiate License Plate Fund, which is hereby created,
and one-half shall be deposited in the Resources License Plate Fund,
which is hereby created.
   (f) The money in the California Collegiate License Plate Fund is,
notwithstanding Section 13340 of the Government Code, continuously
appropriated to the Controller for allocation as follows:
   (1) To the governing body of participating public institutions in
the proportion that funds are collected on behalf of each, to be used
for need-based scholarships, distributed according to federal
student aid guidelines.
   (2) With respect to funds collected on behalf of accredited
nonprofit, private, and independent colleges and universities in the
state, to the California Student Aid Commission for grants to
students at those institutions, in the proportion that funds are
collected on behalf of each institution, who demonstrate eligibility
and need in accordance with the Cal Grant Program pursuant to Article
3 (commencing with Section 69530) of Chapter 2 of Part 42 of the
Education Code, but who did not receive an award based on a listing
prepared by the California Student Aid Commission.
   (g) The scholarships and grants shall be awarded without regard to
race, religion, creed, sex, or age.
   (h) The money in the Resources License Plate Fund is available,
upon appropriation, for the purposes of natural resources
preservation, enhancement, and restoration.
   (i) All revenues deposited in, and expenditures from, the
California Collegiate License Plate Fund shall be audited by the
Auditor General on December 1, 1993, and December 1, 1995.
  SEC. 10.  Section 8202 of the Vehicle Code is amended to read:
   8202.  (a) Within 30 days of the date the notice is mailed
pursuant to Section 8201, the registrant may submit documentation not
previously available or may request a hearing to contest the
existence or the amount of the lien. If no additional documentation
is submitted, or if no hearing is requested, the operating privileges
of the fleet may be suspended or canceled and a sufficient number of
vehicles may be seized and sold to satisfy the lien.
   (b) If additional documentation is submitted, the department shall
review the documentation and issue its findings to the registrant.
Within 30 days of the date the findings are mailed, the registrant
may request a hearing.
   (c) If a hearing is requested, 10 days' notice shall be given of
the time and place of the hearing, which shall be held within the
county of residence of the person requesting the hearing or within
the county of the established place of business of the registrant.
The hearing shall be conducted by a referee who shall submit findings
and recommendations to the director or his or her authorized
representative, who shall decide the matter. The decision shall be
effective on notice thereof to the interested parties. However, the
director, or his or her authorized representative, may rescind the
decision and reconsider the matter for good cause shown at any time
within three years after the date the disputed fee or penalty first
became due, or one year from the hearing whichever is later.
   (d) Upon final completion of all administrative appeals, the
department shall give written notice to the registrant of the right
to a review of the decision by a court of competent jurisdiction. Any
action brought in court shall be commenced within 90 days from the
date notice of the decision is mailed.
  SEC. 11.  Section 22511.5 of the Vehicle Code is amended to read:
   22511.5.  (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
   (A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
   (B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
   (2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking meter
fees.
   (3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
   (b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.
  SEC. 12.  Section 6.5 of this bill incorporates amendments to
Section 1808.1 of the Vehicle Code proposed by both this bill and AB
1648. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 1808.1 of the Vehicle Code, and (3) this bill is
enacted after AB 1648, in which case Section 6 of this bill shall not
become operative.
  SEC. 13.  Section 7.5 of this bill incorporates amendments to
Section 5007 of the Vehicle Code proposed by both this bill and AB
1944. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 5007 of the Vehicle Code, and (3) this bill is enacted
after AB 1944, in which case Section 7 of this bill shall not become
operative.