BILL NUMBER: AB 28 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2011
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 9148,
9148.6, 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 governmental
reorganization.
LEGISLATIVE COUNSEL'S DIGEST
AB 28, as amended, Huber. 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
these 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 provide that an author or sponsor of legislation
that creates a new state board that is advisory only and whose
purpose is to advise on the licensing and regulation of a profession
is not required to prepare a plan pursuant to these provisions.
This bill would also revise these provisions to require
that authorize 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.
(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 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.
(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.
(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.
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 shall be subject to this
article.
SEC. 4. Section 9148.6 of the
Government Code is amended to read:
9148.6. Prior to consideration by the Legislature of legislation
creating a new state board , which that
is advisory only, except for a proposed new state board whose
primary purpose is to advise on the licensing and regulation of a
profession, a plan for the establishment and operation of the
proposed state board shall be developed by the author or sponsor of
the legislation. The plan shall include, but not be limited to, all
of the following:
(a) A description of the problem that the proposed advisory state
board would address.
(b) A listing of those currently established state advisory and
administrative entities addressing the same or similar problems.
(c) The necessary data and other information required in this
section shall be provided to the Legislature with the initial
legislation and forwarded to the policy committees in which the bill
will be heard.
SEC. 4. SEC. 5. Section 9148.8 of
the Government Code is amended to read:
9148.8. (a) The appropriate policy committee of the Legislature
shall may 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) 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 the plan
and provide recommendations to the Legislature on any
plan prepared pursuant to either of those provisions.
.
SEC. 5. SEC. 6. Section 495 of the
Vehicle Code is repealed.
SEC. 6. SEC. 7. Chapter 3
(commencing with Section 2600) of Division 2 of the Vehicle Code is
repealed.
SEC. 7. SEC. 8. 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. 8. SEC. 9. 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. 9. SEC. 10. 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. 10. SEC. 11. Section 8002 of
the Vehicle Code is repealed.
SEC. 11. SEC. 12. Section 8051 of
the Vehicle Code is repealed.
SEC. 12. SEC. 13. 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.