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 SENATE  JULY 6, 2011
	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 9148 and 9148.8 of, to repeal
Section 3119.2 of, and to repeal Article 2 (commencing with Section
3113) of Chapter 8.5 of Division 4 of Title 1 of, the Government
Code, and 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, the Vehicle Code,
relating to  vehicles   governmental
reorganization .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 28, as amended, Huber.  Commercial vehicles:
Reciprocity Commission.  Governmental reorganization.
 
   (1) Existing law establishes the Office for Citizen Initiative and
Voluntary Action within the office of the Governor, and grants it
certain powers and duties for the purpose of advocating and
encouraging citizen initiative and volunteer action.  
   This bill would repeal the statutes establishing the Office for
Citizen Initiative and Voluntary Action within the office of the
Governor, and make various conforming changes.  
   (2) Existing law requires the author or sponsor of legislation
that creates a new state board, a new state board that is advisory
only, or a new category of licensed professionals to prepare a plan
that contains certain requirements. Existing law authorizes the
chairperson of the appropriate policy committee to direct the Joint
Committee on Boards, Commissions, and Consumer Protection to evaluate
a plan prepared pursuant to either of those provisions. Existing law
requires these provisions to apply to any state board that is
proposed for creation by the Legislature on or after January 1, 1991,
or any category of licensed professional that is proposed for
creation by the Legislature on or after January 1, 1995.  
   This bill would, instead, require these provisions to apply only
to any state board or category of licensed professional proposed for
creation by the Legislature.  
   This bill would also revise these provisions to require that the
appropriate policy committee of the Legislature evaluate a plan
prepared pursuant to the provisions described above. This bill would
also authorize the chairperson of a policy committee to alternatively
require that the Joint Sunset Review Committee evaluate and provide
recommendations on any plan prepared pursuant to the provisions
described above, or any other legislative issue or proposal to create
a new state board. This bill would provide that if the appropriate
policy committee does not evaluate a plan prepared pursuant to those
provisions, the Joint Sunset Review Committee is required to evaluate
and provide recommendations on that plan.  
   Existing 
    (3)     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 instead authorize the  director 
 Director of Motor Vehicles  , or his or her designee, to
enter into agreements on behalf of the state with the duly authorized
representatives of any foreign jurisdiction. 
   Under 
    (4)     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 
    (5)     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.    Article 2 (commencing with Section
3113) of Chapter 8.5 of Division 4 of Title 1 of the  
Government Code   is repealed. 
   SEC. 2.    Section 3119.2 of the  
Government Code   is repealed. 
   3119.2.  (a) There is hereby created, within the Office for
Citizen Initiative and Voluntary Action, an advisory body which shall
be known as the Public Employee Review Committee.
   (b) Membership on the committee shall consist of nine members
appointed by the Governor. The Governor shall select the members of
the committee from lists or nominations prepared by recognized public
employee labor unions, organizations, and associations. Membership
on the committee shall be proportional to the numbers of persons in
the state service represented by each union, association, or
organization.
   (c) Membership on the committee is completely voluntary and no
member shall be reimbursed for expenses incurred in fulfilling the
obligations of the committee.
   (d) The committee shall analyze actions of the office, critique
the effectiveness of the office, make relevant recommendations to the
office with respect to volunteerism, and provide its determinations
thereon to the office for incorporation into the annual report
required to be submitted by the office to the Legislature. 
   SEC. 3.    Section 9148 of the   Government
Code   is amended to read: 
   9148.  Any state board  or category of licensed professional
 proposed for creation by the Legislature  on or after
January 1, 1991, or any category of licensed professional proposed
for creation by the Legislature on or after January 1, 1995,
 shall be subject to this article.
   SEC. 4.    Section 9148.8 of the  
Government Code   is amended to read: 
   9148.8.  (a) The  Joint Committee on Boards, Commissions,
and Consumer Protection, acting pursuant to a request from the
chairperson of the appropriate policy committee,  
appropriate policy committee of the Legislature  shall evaluate
a plan prepared pursuant to Section 9148.4 or 9148.6.  The
chairperson of a policy committee may alternatively require that the
Joint Sunset Review Committee evaluate and provide recommendations on
any plan prepared pursuant to Section 9148.4 or 9148.6, or any other
legislative issue or proposal to create a new state board. 
   (b)  Evaluations prepared by the Joint Committee on
Boards, Commissions, and Consumer Protection pursuant to this section
shall be provided to the respective policy and fiscal committees of
the Legislature pursuant to rules adopted by each committee for this
purpose.   The Joint Sunset Review Committee shall
provide   to the respective policy and fiscal committees of
the Legislature any evaluation and recommendations prepared pursuant
to this section.  
   (c) If an appropriate policy committee does not evaluate a plan
prepared pursuant to Section 9148.4 or 9148.6, then the Joint Sunset
Review Committee shall evaluate and provide recommendations to the
Legislature on any plan prepared pursuant to either of those
provisions. 
   SECTION 1.   SEC. 5.   Section 495 of
the Vehicle Code is repealed.
   SEC. 2.   SEC. 6.   Chapter 3
(commencing with Section 2600) of Division 2 of the Vehicle Code is
repealed.
   SEC. 3.   SEC. 7.   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 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.   SEC. 8.   Section 8000 of the
Vehicle Code is amended to read:
   8000.  The 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 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.   SEC. 9.   Section 8001 of the
Vehicle Code is amended to read:
   8001.  The 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
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.   SEC. 10.   Section 8002 of the
Vehicle Code is repealed.
   SEC. 7.   SEC. 11.   Section 8051 of the
Vehicle Code is repealed.
   SEC. 8.   SEC. 12.   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.