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  MAY 10, 2011
	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  , 8000, 8001,  and 8052
of, to repeal Sections 495  , 8002,  and 8051 of,  and
 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 vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   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
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.
    The bill would  delete those provisions authorizing the
Reciprocity Commission   instead authorize the director,
or his or her designee,  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:

  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
 any   a  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 site with an address within
this state.
   (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. 4.    Section 8000 of the   Vehicle
Code   is amended to read: 
   8000.  The  Reciprocity Commission  
director, or his or her designee,  may enter 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 this state. The agreements shall
be applicable to vehicles that are properly licensed and registered
in the foreign jurisdictions. The  commission  
director, or his or her designee,  may also enter into
agreements that provide for the exemption of regulatory fees which
are, or may be  ,  imposed, by the Public Utilities Code or
the department.
   SEC. 5.    Section 8001 of the   Vehicle
Code   is amended to read: 
   8001.  The  Reciprocity Commission  
director, or his or her designee,  is authorized to examine the
legal requirements of commercial vehicle registration fee statutes of
foreign jurisdictions which grant reciprocal privileges to
out-of-state vehicles  ,  but which do not authorize
negotiations or execution of agreements. After examination of the
statutes, the  commission   director, or his or
her designee,  may declare the exemptions, benefits, and
privileges that commercial vehicles registered in foreign
jurisdictions shall be entitled to in this state.
   SEC. 6.    Section 8002 of the   Vehicle
Code   is repealed.  
   8002.  All reciprocity agreements, rules and regulations
authorized by this chapter shall be in writing and shall be approved
by endorsement by the Attorney General, as to legality only. An
agreement shall become effective upon approval of the Attorney
General and shall remain in effect until revoked by act of the
commission. 
   SEC. 5.   SEC. 7.   Section 8051 of the
Vehicle Code is repealed.
   SEC. 6.   SEC. 8.   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.