Bill Text: CA AB298 | 2013-2014 | Regular Session | Amended
Bill Title: Rural Health Care Equity Program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB298 Detail]
Download: California-2013-AB298-Amended.html
BILL NUMBER: AB 298 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Pan
FEBRUARY 12, 2013
An act to amend Section 12804.9 22877
of , and to add Division 16.2 (commencing with Section
37000) to, the Vehicle Code, relating to vehicles.
the Government Code, relating to the Rural Health Care Equity
Program.
LEGISLATIVE COUNSEL'S DIGEST
AB 298, as amended, Pan. Vehicles: farm vehicles: federal
compliance. Rural Health Care Equity Program.
Existing law, until July 3, 2010, or earlier upon a specified
finding, established the Rural Health Care Equity Program for the
purpose of funding the subsidization and reimbursement of premium
costs, deductibles, coinsurance, and other out-of-pocket health care
expenses paid by state employees of State Bargaining Unit 5 living in
rural areas, as defined. Existing law provided for funding and
reimbursement provisions for purposes of the program. Existing law
provided that the program would be operative only to the extent that
funding was provided in the annual Budget Act or another statute and
solely for the benefit of employees of State Bargaining Unit 5.
The bill would reestablish the Rural Health Care Equity Program
until January 1, 2015, or to an earlier date upon a specified
finding, and would extend the benefits to all employees and
annuitants living in rural areas. This bill would provide that the
program would be operative only to the extent that funding is
provided in the annual Budget Act.
Under existing law, the Department of the California Highway
Patrol is required to regulate the safe operation of certain
vehicles, including specified commercial motor vehicles, and adopt
regulations that are designed to promote the safe operation of those
vehicles regarding, among other things, controlled substances and
alcohol testing of drivers by motor carriers, hours of service of
drivers, inspection, and maintenance. Existing law requires that
hours-of-service regulations for drivers of those vehicles be
consistent with the hours-of-service regulations adopted by the
United States Department of Transportation.
Under existing law, a vehicle with a gross vehicle weight rating
of less than 26,000 pounds may be operated without a commercial
driver's license under certain circumstances, including when it is
operated by a farmer or an employee of a farmer and used exclusively
in the conduct of agricultural operations.
Existing federal law, the Moving Ahead for Progress in the 21st
Century Act, defines covered farm vehicles, in part, as vehicles that
are operated by farm or ranch owners or operators, transport to or
from a farm or ranch agricultural commodities, livestock, machinery,
or farm supplies, and may be over 26,000 pounds under certain
circumstances. Under existing law, covered farm vehicles, and
individuals who operate those vehicles, are exempt from federal
requirements relating to commercial driver's license standards, drug
testing, medical certificates, hours of service for drivers, and
vehicle inspections, repair, and maintenance, as specified. The act
also exempts, during planting and harvest seasons, an individual who
is transporting agricultural commodities or farm supplies to
locations that are within 150 air miles from the source of those
commodities or distribution point of those supplies, as specified,
from federal requirements relating to hours of service for those
drivers.
This bill would exempt covered farm vehicles, defined pursuant to
federal law, from state laws relating to commercial driver's license
standards, drug testing, medical certificates, hours commencing of
service for drivers, and vehicle inspections, repair, and maintenance
to conform to federal law. This bill would additionally exempt,
during planting and harvest seasons, a driver who is transporting
agricultural commodities or farm supplies, as specified, from state
laws relating to hours of service of drivers to conform to federal
law.
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 22877 of the
Government Code is amended to read:
22877. (a) As used in this section, the following definitions
shall apply:
(1) "Coinsurance" means the provision of a health benefit plan
design that requires the health benefit plan and state employee
or annuitant to share the cost of hospital or medical expenses
at a specified ratio.
(2) "Deductible" means the annual amount of out-of-pocket medical
expenses that a state employee or annuitant must pay
before the health benefit plan begins paying for expenses.
(3) "Program" means the Rural Health Care Equity Program.
(4) "Rural area" means an area in which there is no board-approved
health maintenance organization plan available for enrollment by
state employees or annuitants residing in the area.
(b) (1) The Rural Health Care Equity Program is hereby established
for the purpose of funding the subsidization and reimbursement of
premium costs, deductibles, coinsurance, and other out-of-pocket
health care expenses paid by eligible employees or annuitants
living in rural areas that would otherwise be covered if the
state employee or annuitant was enrolled in a
board-approved health maintenance organization plan. The program
shall be administered by the Department of Personnel
Administration Human Resources or by a
third-party administrator approved by the Department of
Personnel Administration Human Resources in a
manner consistent with all applicable state and federal laws. The
board shall determine the rural area for each subsequent fiscal year,
at the same time that premiums for health maintenance organization
plans are approved.
(2) Separate accounts shall be maintained within the program for
all of the following:
(A) Employees, as defined in subdivision (c) of Section 3513.
(B) Excluded employees, as defined in subdivision (b) of Section
3527.
(C) State annuitants.
(c) Moneys in the program shall be allocated to the respective
accounts as follows:
(1) The contribution provided by the state with respect to each
employee, as defined in subdivision (c) of Section 3513, who lives in
a rural area and is otherwise eligible, shall be an amount
determined through the collective bargaining process.
(2) The contribution provided by the state with respect to each
excluded employee, as defined in subdivision (b) of Section 3527, who
lives in a rural area and is otherwise eligible, shall be an amount
equal to, but not to exceed, the amount contributed pursuant to
paragraph (1).
(3) The contribution provided by the state with respect to each
state annuitant who lives in a rural area, is not a Medicare
participant, resides in California, and is otherwise eligible, shall
be an amount not to exceed five hundred dollars ($500).
(4) The contribution provided by the state with respect to each
annuitant who lives in a rural area, resides in California,
participates in a supplemental Medicare health benefit plan, and is
otherwise eligible, shall be an amount equal to the Medicare Part B
premiums incurred by the annuitant, not to exceed seventy-five
dollars ($75) per month. The program may not reimburse for penalty
amounts.
(3)
(5) If an eligible employee enters or leaves service
with the state during a fiscal year, contributions for the employee
shall be made on a pro rata basis. A similar computation
shall be used for anyone entering or leaving the bargaining unit,
including a person who enters State Bargaining Unit 5 by promotion
during a fiscal year.
(d) Each fund of the State Treasury, other than the General Fund,
shall reimburse the General Fund for any sums allocated pursuant to
subdivision (c) for employees whose compensation is paid from that
fund. That reimbursement shall be accomplished using the following
methodology:
(1) On or before December 1 of each year, the Department of
Personnel Administration Human Resources
shall provide a list of active state employees who participated
in the program during the previous fiscal year to each employing
department.
(2) On or before January 15 of each year, each department that
employed an active state employee identified by the Department of
Personnel Administration Human Resources
as a participant in the program shall provide the Department of
Personnel Administration Human Resources
with a list of the funds used to pay each employee's salary,
along with the proportion of each employee's salary attributable to
each fund.
(3) Using the information provided by the employing departments,
the Department of Personnel Administration
Human Resources shall compile a list of program payments
attributable to each fund. On or before February 15 of each year, the
Department of Personnel Administration Human
Resources shall transmit this list to the Department of
Finance.
(4) The Department of Finance shall certify to the Controller the
amount to be transferred from the unencumbered balance of each fund
to the General Fund.
(5) The Controller shall transfer to the General Fund from the
unencumbered balance of each impacted fund the amount specified by
the Department of Finance.
(6) To ensure the equitable allocation of costs, the Director of
the Department of Personnel Administration
Human Resources or the Director of Finance may require an audit
of departmental reports.
(e) For any sums allocated pursuant to subdivision (c) for
annuitants, funds, other than the General Fund, shall be charged a
fair share of the contribution provided by the state in accordance
with the provisions of Article 2 (commencing with Section 11270) of
Chapter 3 of Part 1 of Division 3. On or before July 31 of each year,
the Department of Human Resources shall provide the Department of
Finance with the total costs allocated for annuitants in the previous
fiscal year. The reported costs may not include expenses that have
been incurred but not claimed as of July 31.
(f) Notwithstanding any other law and subject to the availability
of funds, moneys within the program shall be disbursed for the
benefit of eligible annuitants. The disbursements shall either
reimburse the annuitant, if not a Medicare participant, for some or
all of the deductible incurred by the annuitant or a family member,
not to exceed five hundred dollars ($500) per fiscal year, or
reimburse the annuitant, if a Medicare participant, for Medicare Part
B premiums incurred by the annuitant, not to exceed seventy-five
dollars ($75) per month. The program may not reimburse for penalty
amounts. These reimbursements shall be provided by the Department of
Human Resources. Notwithstanding any other law, any annuitant who
cannot be located within a period of three months and whose
disbursement is returned to the Controller as unclaimed is ineligible
to participate in the program.
(e)
(g) Notwithstanding any other law and subject to the
availability of funds, moneys within the program shall be disbursed
for the benefit of eligible employees. The disbursements shall
subsidize the preferred provider plan premiums for the employee by an
amount equal to the difference between the weighted average of
board-approved health maintenance organization premiums and the
lowest board-approved preferred provider plan premium available under
this part, and reimburse the employee for a portion or all of his or
her incurred deductible, coinsurance, and other out-of-pocket
health-related expenses that would otherwise be covered if the
employee and his or her family members were enrolled in a
board-approved health maintenance organization plan. These subsidies
and reimbursements shall be provided as determined by the Department
of Personnel Administration, Human Resources,
which may include, but is not limited to, a supplemental
insurance plan, a medical reimbursement account, or a medical
spending account plan.
(f)
(h) Subject to subdivision (h),
(j), moneys remaining in an account of the program at the end
of any fiscal year shall remain in the account for use in subsequent
fiscal years, until the account is terminated. Moneys remaining in a
program account upon termination, after payment of all expenses and
claims incurred prior to the date of termination, shall be deposited
in the General Fund.
(g)
(i) The Legislature finds and declares that the program
shall be operated for the exclusive benefit of employees of
State Bargaining Unit 5. employees, annuitants, and
family members.
(h)
(j) This section shall be operative only to the extent
that funding is provided in the annual Budget Act or another
statute and solely for the benefit of employees of State Bargaining
Unit 5. statute.
(i)
(k) This section shall cease to be operative on
July 3, 2010, January 1, 2015, or on an
earlier date if the board makes a formal determination that health
maintenance organization plans are no longer the most cost-effective
health benefit plans offered by the board.
(j) Notwithstanding any other law, on and after July 1, 2009, the
benefits of the Rural Health Care Equity Program shall be available
only to employees in State Bargaining Unit 5, and shall not be
available to any other employees. Pursuant to subdivision (f), any
moneys that remain in the accounts of the program on July 1, 2009,
other than moneys attributable to employees in State Bargaining Unit
5 on that date, shall be deposited in the General Fund. Benefits of
the Rural Health Care Equity Program shall cease to be available to
employees in State Bargaining Unit 5, on and after July 3, 2010, and
any moneys remaining in the accounts of the program shall be
deposited in the General Fund.
SECTION 1. Section 12804.9 of the Vehicle Code
is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) (A) Before a class A or class B driver's license, or class C
driver's license with a commercial endorsement, may be issued or
renewed, the applicant shall have in his or her driver record a valid
report of a medical examination of the applicant given not more than
two years prior to the date of the application by a health care
professional. As used in this paragraph, "health care professional"
means a person who is licensed, certified, or registered in
accordance with applicable state laws and regulations to practice
medicine and perform physical examinations in the United States.
Health care professionals are doctors of medicine, doctors of
osteopathy, physician assistants, and registered advanced practice
nurses, or doctors of chiropractic who are clinically competent to
perform the medical examination presently required of motor carrier
drivers by the United States Department of Transportation. The report
shall be on a form approved by the department. In establishing the
requirements, consideration may be given to the standards presently
required of motor carrier drivers by the Federal Motor Carrier Safety
Administration.
(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by a
report of a nonqualifying medical examination for a class A or class
B driver's license, or class C driver's license with a commercial
endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of
Part 391 of Title 49 of the Code of Federal Regulations.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
combination of vehicles, if a vehicle being towed has a gross vehicle
weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating of more than 26,000
pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) (i) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as those
terms are defined in subdivisions (j) and (k), respectively, of
Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:
(I) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(II) Is used exclusively in the conduct of agricultural
operations.
(III) Is not used in the capacity of a for-hire carrier or for
compensation.
(ii) A covered farm vehicle, as defined in Section 37002.
(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(J) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of the
operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or M2
vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver's license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
SEC. 2. Division 16.2 (commencing with Section
37000) is added to the Vehicle Code, to read:
DIVISION 16.2. FARM VEHICLES
37000. This division may be known and cited as the Federal Motor
Carrier Safety Administration Conformance Act of 2013.
37001. The Legislature finds and declares that the purpose of
this division is to conform state law with the federal Moving Ahead
for Progress in the 21st Century Act (Public Law 112-141), which
exempts covered farm vehicles and individuals operating covered farm
vehicles from certain provisions of federal law.
37002. For purposes of this division, a "covered farm vehicle"
means a vehicle that meets all of the following criteria:
(a) Is traveling in the state.
(b) Is operated by a farm owner or operator, a ranch owner or
operator, or an employee or family member of a farm owner or operator
or a ranch owner or operator
(c) Is used to transport to or from a farm or ranch agricultural
commodities, livestock, machinery, or supplies.
(d) Is not used in the operations of a for-hire motor carrier,
unless the vehicle is operated pursuant to a crop share farm lease
agreement, owned by a tenant with respect to that agreement, and
transporting the landlord's portion of the crops under that
agreement.
(e) Is equipped with a special license plate pursuant to Section
5014 or is otherwise registered with the state.
(f) Has a gross vehicle weight rating or gross vehicle weight,
whichever is greater, that is less than 26,001 pounds, unless the
vehicle travels solely within the state or travels within 150 air
miles of the farm or ranch where the vehicle is being operated.
37003. A covered farm vehicle, and an individual operating a
covered farm vehicle, is exempt from all of the following:
(a) Any state law, including Section 12804.9 and Chapter 7
(commencing with Section 15200) of Division 6, or requirements
relating to commercial driver's license standards that were adopted
to conform to Chapter 313 (commencing with Section 31301) of Title 49
of the United States Code and the regulations adopted pursuant to
those provisions (Part 383 of Title 49 of the Code of Federal
Regulations).
(b) Any state law, including Chapter 7 (commencing with Section
15200) of Division 6 and Division 14.8 (commencing with Section
34500), or requirements relating to controlled substances and alcohol
use and testing that were adopted to conform to Chapter 313
(commencing with Section 31301) of Title 49 of the United States Code
and the regulations adopted pursuant to those provisions (Part 382
of Title 49 of the Code of Federal Regulations).
(c) Any state law, including Section 12804.9, or requirements
relating to medical certificates and physical qualifications and
examinations that were adopted to conform to Subchapter III of
Chapter 311 (commencing with Section 31131) and Chapter 313
(commencing with Section 31301) of Title 49 of the United States Code
and the regulations adopted pursuant to those provisions (Subpart E
of Part 391 of Title 49 of the Code of Federal Regulations).
(d) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to hours of service of
drivers that were adopted to conform to Subchapter III of Chapter 311
(commencing with Section 31131) and Chapter 315 (commencing with
Section 31501) of Title 49 of the United States Code and the
regulations adopted pursuant to those provisions (Part 395 of Title
49 of the Code of Federal Regulations), as those regulations now
exist or are hereafter amended.
(e) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to vehicle inspection,
repair, and maintenance that were adopted to conform to Subchapter
III of Chapter 311 (commencing with Section 31131) and Chapter 315
(commencing with Section 31501) of Title 49 of the United States Code
and the regulations adopted pursuant to those provisions (Part 396
of Title 49 of the Code of Federal Regulations).
37004. (a) A driver of a vehicle that does not meet the
conditions in Section 37003 is, during planting and harvest seasons,
exempt from any state law, including Division 14.8 (commencing with
Section 34500), relating to hours of service of drivers used by motor
carriers that were adopted to conform to Section 31136 or 31502 of
Title 49 of the United States Code and the regulations adopted
pursuant to those provisions (Part 395 of Title 49 of the Code of
Federal Regulations), if one of the following conditions is met:
(1) The driver is transporting agricultural commodities from the
source of the agricultural commodities to a location within a 150
air-mile radius from the source.
(2) The driver is transporting farm supplies for agricultural
purposes from the wholesale or retail distribution point of the farm
supplies to a farm or other location where the farm supplies are
intended to be used within a 150 air-mile radius from the
distribution point.
(3) The driver is transporting farm supplies for agricultural
purposes from a wholesale distribution point of the farm supplies to
a retail distribution point of the farm supplies within a 150
air-mile radius from the wholesale distribution point.
(b) The Secretary of Food and Agriculture shall publish a planting
and harvest season for each agricultural commodity grown in the
state. Subdivision (a) shall not be effective until the secretary has
published a planting and harvest season for that commodity.
