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

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

---

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

---

BILL NUMBER: AB 28	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011
	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   and 8052 of, to repeal Sections 495
and 8051  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   vehicles  .


	LEGISLATIVE COUNSEL'S DIGEST

F   AB 28, as amended, Huber. 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
FCalifornia.   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. 
    The bill would delete those provisions authorizing the
Reciprocity Commission to enter into agreements on behalf of the
state with the duly authorized representatives of any foreign
jurisdiction.  
   Under existing law, a commercial motor vehicle registered in a
foreign jurisdiction, subject to registration in this state, may, as
an alternative to registration in this state 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. This privilege does not extend to a vehicle
registered in any jurisdiction with which the state of California
does not have vehicle licensing reciprocity, unless the commission
extends the privilege, by rule, after hearing.  
   This bill would delete this prohibition against extending this
privilege. 
   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,
 or his or her designee,  who would administer the terms and
conditions of the International Registration Plan and collect all
appropriate registration and license fees due other jurisdictions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F  SECTION 1.  Section 495 of the Vehicle Code is repealed.
  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   any
vehicle that is based within this state and 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
Fsite 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
Fdirector 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
Fas 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 director may enter into 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. 5.    Section 8051 of the   Vehicle
Code   is repealed.  
   8051.  The Reciprocity Commission may enter into agreement on
behalf of this state with the duly authorized representatives of any
foreign jurisdiction providing for the registration of vehicles on an
Fapportionment or allocation basis.   SEC. 6.  Section 8052 of the Vehicle Code is amended to read:
   8052.  (a) The director  , or his or her designee,  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 director  , or
his or her designee,  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 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.