Bill Text: CA SB1399 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Department of Motor Vehicles: license plate alternatives pilot program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-19 - Chaptered by Secretary of State. Chapter 155, Statutes of 2016. [SB1399 Detail]

Download: California-2015-SB1399-Amended.html

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BILL NUMBER: SB 1399	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2016

INTRODUCED BY   Senator Hueso

                        FEBRUARY 19, 2016

   An act to amend Section  5386.5 of the Public Utilities
Code, relating to transportation.   4853 of the Vehicle
Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1399, as amended, Hueso.  Charter-party carriers of
passengers: advertisement as taxicabs.   Department of
Motor Vehicles: license plate alternatives pilot program.  
   Existing law requires the Department of Motor Vehicles to issue
license plates for vehicles, as specified, and authorizes the
department to issue one or more stickers, tabs, or other suitable
devices in lieu of the license plates, as specified. Existing law
also authorizes the department to establish a pilot program, to be
completed no later than January 1, 2017, to evaluate the use of
alternatives to stickers, tabs, license plates, and registration
cards, subject to certain requirements, and to report the results of
the pilot program, as specified, to the Legislature no later than
July 1, 2018.  
   This bill would instead require the department to complete any
pilot program established pursuant to those provisions no later than
January 1, 2018, and to report the results of the pilot program to
the Legislature by July 1, 2019.  
   The Passenger Charter-party Carriers Act requires a charter-party
carrier of passengers, as defined, to obtain a certificate of public
convenience and necessity or a permit issued by the Public Utilities
Commission, and to operate within the state on a prearranged basis.
The act prohibits a charter-party carrier of passengers from
advertising or otherwise representing their services to the public,
as a taxicab or taxi service, and defines "advertise" to include,
among other things, any business card, stationery, or printed or
published paid advertisement in any media form. A violation of the
act is a crime.  
   This bill would specifically include the use of any Internet Web
site or any online-enabled application or platform within this
prohibition.  
   To the extent the bill would expand the taxi advertisement
prohibition, the bill would impose a state-mandated local program by
expanding the application of an existing crime.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4853 of the   Vehicle
Code   is amended to read: 
   4853.  (a) The department may issue one or more stickers, tabs, or
other suitable devices in lieu of the license plates provided for
under this code. Except where the physical differences between the
stickers, tabs, or devices and license plates by their nature render
the provisions of this code inapplicable, all provisions of this code
relating to license plates may apply to stickers, tabs, or devices.
   (b) The department may establish a pilot program to evaluate the
use of alternatives to the stickers, tabs, license plates, and
registration cards authorized by this code, subject to all of the
following requirements:
   (1) The alternative products shall be approved by the Department
of the California Highway Patrol.
   (2) The pilot program shall be limited to no more than 0.5 percent
of registered vehicles for the purpose of road testing and
evaluation.
   (3) The alternative products to be evaluated shall be provided at
no cost to the state.
   (4) Any pilot program established by the department pursuant to
this subdivision shall be completed no later than January 1, 
2017.   2018. 
   (5) Any pilot program established by the department pursuant to
this subdivision shall be limited to vehicle owners who have
voluntarily chosen to participate in the pilot program.
   (c) In the conduct of any pilot program pursuant to this section,
any data exchanged between the department and any electronic device
or the provider of any electronic device shall be limited to that
data necessary to display evidence of registration compliance. The
department shall not receive or retain any information generated
during the pilot program regarding the movement, location, or use of
a vehicle participating in the pilot program.
   (d) If the department conducts a pilot program authorized in
subdivision (b), the department shall, no later than July 1, 
2018,   2019,  submit a report of the results of
the pilot program to the Legislature, in compliance with Section 9795
of the Government Code, to include, but not be limited to, the
following:
   (1) An evaluation of the cost effectiveness of the alternatives
used in the pilot program when compared to the department's current
use of stickers, tabs, license plates, and registration cards.
   (2) A review of all products evaluated in the pilot program and of
the features of those products. The report shall note if the devices
evaluated in the pilot program are available with the ability to
transmit and retain information relating to the movement, location,
or use of a vehicle, and if a product contains that feature, the
report shall also note if the product includes any security features
to protect against unauthorized access to information.
   (3) Recommendations for subsequent actions, if any, that should be
taken with regard to alternatives evaluated in the pilot program.

  SECTION 1.    Section 5386.5 of the Public
Utilities Code is amended to read:
   5386.5.  A charter-party carrier of passengers shall not advertise
its services, or in any manner represent its services, as being a
taxicab or taxi service. For purposes of this section, "advertise"
includes the use of any business card, stationery, brochure, flyer,
circular, newsletter, fax form, printed or published paid
advertisement in any media form, telephone book listing, Internet Web
site, or online-enabled application (App) or platform. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.