Bill Text: CA AB28 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Governmental reorganization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State - Chapter 315, Statutes of 2011. [AB28 Detail]

Download: California-2011-AB28-Amended.html

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BILL NUMBER: AB 28	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Huber

                        DECEMBER 6, 2010

   An act  to amend Sections 4004, 8051, and 8052 of, to repeal
Section 495 of, to repeal Chapter 3 (commencing with Section 2600) of
Division 2 of, and to repeal Article 3 (commencing with Section
8000) of Chapter 4 of Division 3 of, the Vehicle Code, 
relating to state agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 28, as amended, Huber.  State agencies: repeal.
  Commercial vehicles: Reciprocity Commission. 

   Existing law establishes the Reciprocity Commission composed of
the Lieutenant Governor, the Director of Motor Vehicles, the Director
of Transportation, the Controller, and the Commissioner of the
California Highway Patrol for the purpose of, among other things,
entering into agreements with foreign jurisdictions that provide for
the exemption of fees for commercial vehicles if the foreign
jurisdictions provide equivalent exemptions to vehicles registered in
California.  
   Existing law authorizes the Reciprocity Commission to enter into
agreements on behalf of the State of California with the duly
authorized representatives of any foreign jurisdiction providing for
the registration of vehicles on an apportionment or allocation basis
and to enter into, and become, a member of the International
Registration Plan Agreement developed by the American Association of
Motor Vehicle Administrators.  
   Existing law authorizes the state, in administering the
International Registration Plan, to collect all appropriate
registration and license fees due other jurisdictions. Existing law
provides that foreign jurisdictions that are members of the agreement
are authorized to collect all appropriate registration and license
fees due to the State of California, and remit those fees to this
state pursuant to the terms of the agreement.  
   Existing law requires the Director of Motor Vehicles to provide
such assistance to the commission as it may require.  
   This bill would delete all references to the "Reciprocity
Commission" and instead substitute the Director of Motor Vehicles,
who would administer the terms and conditions of the International
Registration Plan and collect all appropriate registration and
license fees due other jurisdictions.  
   Existing law establishes the Joint Sunset Review Committee for the
purpose of identifying and eliminating waste, duplication, and
inefficiency in government agencies and conducting a comprehensive
analysis of every "eligible agency," as defined, to determine if the
agency is still necessary and cost effective. Existing law defines an
"eligible agency" as an entity of state government, however
denominated, for which a date for repeal has been established by
statute on or after January 1, 2011. Existing law requires the
committee to take public testimony and evaluate the eligible agency
prior to the date the agency is scheduled to be repealed, and
requires that an eligible agency be eliminated unless the Legislature
enacts a law to extend, consolidate, or reorganize the agency.
 
   This bill would declare the intent of the Legislature to enact
legislation that would establish repeal dates for various agencies
for the purpose of increasing the number of agencies that meet the
definition of an "eligible agency" that is eligible for review by the
Joint Sunset Review Committee. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 495 of the   Vehicle
Code   is repealed.  
   495.  The "reciprocity commission" is the commission empowered to
enter into reciprocity agreements. 
   SEC. 2.    Chapter 3 (commencing with Section 2600)
of Division 2 of the   Vehicle Code   is repealed.

   SEC. 3.    Section 4004 of the   Vehicle
Code   is amended to read: 
   4004.  (a) (1) Commercial motor vehicles meeting the registration
requirements of a foreign jurisdiction, and subject to registration
but not entitled to exemption from registration or licensing under
any of the provisions of this code or any agreements, arrangements,
or declarations made under Article 3 (commencing with Section 8000)
of Chapter 4, may, as an alternate to registration, secure a
temporary registration to operate in this state for a period of not
to exceed 90 days, or a trip permit to operate in this state for a
period of four consecutive days.
   (2) Each trip permit shall authorize the operation of a single
commercial motor vehicle for a period of not more than four
consecutive days, commencing with the day of first use and three
consecutive days thereafter. Every permit shall identify, as the
department may require, the commercial motor vehicle for which it is
issued. Each trip permit shall be completed prior to operation of the
commercial motor vehicle on any highway in this state and shall be
carried in the commercial motor vehicle to which it applies and shall
be readily available for inspection by a peace officer. Each permit
shall be valid at the time of inspection by a peace officer only if
it has been completed as required by the department and has been
placed in the appropriate receptacle as required by this section. It
is unlawful for any person to fail to comply with the provisions of
this section.
   (b) The privilege of securing and using a trip permit or a
temporary registration not to exceed 90 days shall not extend to the
following:
   (1) Any vehicle which is based within this state and which is
operated by a person having an established place of business within
this state. For purposes of this paragraph, a commercial motor
vehicle shall be considered to be based in this state if it is
primarily operated or dispatched from or principally garaged or
serviced or maintained at a site with an address within this state.
   (2) Vehicles registered in any jurisdiction with which the State
of California does not have vehicle licensing reciprocity, unless the
 Reciprocity Commission   director 
extends the privilege, by rule, after hearing.
   (c) Any trailer or semitrailer identified in paragraph (1) of
subdivision (a) of Section 5014.1 that enters the state without a
currently valid license plate issued by California or another
jurisdiction shall be immediately subject to full identification fees
as specified in subdivision (e) of Section 5014.1.
   SEC. 4.    Article 3 (commencing with Section 8000)
of Chapter 4 of Division 3 of the   Vehicle Code  
is repealed. 
   SEC. 5.    Section 8051 of the   Vehicle
Code   is amended to read: 
   8051.  The  Reciprocity Commission   director
 may enter into  agreement   agreements
 on behalf of this state with the duly authorized
representatives of any foreign jurisdiction providing for the
registration of vehicles on an apportionment or allocation basis.
   SEC. 6.    Section 8052 of the   Vehicle
Code   is amended to read: 
   8052.  (a) The  Reciprocity Commission  
director  may, on behalf of the state, enter into, and become, a
member of the International Registration Plan Agreement developed by
the American Association of Motor Vehicle Administrators. The
 commission   director  may adopt rules and
regulations necessary to carry out the provisions of the
International Registration Plan or other apportioned registration
agreements entered into under the authority of this article.
   (b) In administering the International Registration Plan, the
state may collect all appropriate registration and license fees due
other jurisdictions. Foreign jurisdictions  which 
 that  are members of the agreement shall be authorized to
collect all appropriate registration and license fees due to the
State of California, and remit the fees to this state pursuant to the
terms of the agreement. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would establish repeal dates for various
agencies for the purpose of increasing the number of agencies that
are an "eligible agency" subject to review by the Joint Sunset Review
Committee as that term is defined in subdivision (a) of Section
9147.7 of the Government Code.