Bill Text: CA SB627 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Vehicles: driving schools and traffic violator schools:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2012-02-02 - Consideration of Governor's veto stricken from file. [SB627 Detail]

Download: California-2011-SB627-Introduced.html

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BILL NUMBER: SB 627	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 18, 2011

   An act to amend Sections 11105, 11105.1, 11204, and 11207 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 627, as introduced, Walters. Vehicles: driving schools and
traffic violator schools: licensees.
   Existing law requires the Department of Motor Vehicles to issue or
renew a license certificate for a driving school owner or operator,
a driving school instructor or all-terrain vehicle safety instructor,
a traffic violator school owner or traffic violator school operator,
or a traffic violator school instructor if specified criteria are
met. Existing law requires that these licenses be issued for
specified periods of time unless canceled, suspended, or revoked by
the department.
   This bill would require, if the department does not renew the
license by the license expiration date and the licensee has complied
with all the requirements of renewal in good faith, that the license
be deemed renewed if the licensee shows proof, if requested by the
department, of certified or traceable mailing of all applicable fees
or applications submitted to the department prior to the license
expiration date.
   The bill would authorize the department to subsequently suspend or
revoke the renewed license if it finds that certain conditions
exist.
   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 11105 of the Vehicle Code is amended to read:
   11105.  (a) The department shall issue a license certificate to
each driving school owner and to each driving school operator when it
is satisfied that the owner has met the qualifications required
under this chapter. The license shall be for a period of one year
from midnight of the last day of the month of issuance unless
canceled, suspended, or revoked by the department.
   (b) The license shall be renewed annually. The department shall
require all of the following for the renewal of the license:
   (1) Compliance with the provisions of Sections 11102 and 11105.2
for renewal of a driving school owner's license or Section 11102.5,
except paragraph (2) of subdivision (a) of Section 11102.5, for
renewal of a driving school operator's license.
   (2)  (A)    Satisfactory completion of an
examination as provided in Section 11102.5 at least once during each
succeeding three-year period after the initial issuance of a license
certificate. 
   In 
    (B)     In  lieu of  any
  an  examination for renewal of the license, the
department may accept submission by the licensee of evidence of
continuing professional education. Professional education, as used in
this subdivision, means satisfactory completion of courses related
to traffic safety, teaching techniques, or the teaching of driver
instruction acceptable to the department or participation in
professional seminars approved by the department.
   (c) The department may issue a probationary license and
certificate subject to conditions to be observed by the licensee in
the exercise of the privilege granted. The conditions to be attached
to the exercise of the privilege shall not appear on the face of the
license or certificate  ,  but shall be  such as may
  those conditions that  , in the judgment of the
department,  be   are  in the public
interest and suitable to the qualifications of the applicant as
disclosed by the application and investigation by the department of
the information contained  therein   in the
application  . 
   (d) (1) If the department does not renew an owner or an operator
license by the license expiration date and the owner or operator has
complied with all the requirements of this section in good faith, the
license shall be deemed renewed if the owner or operator shows
proof, if requested by the department, of certified or traceable
mailing of all applicable fees or applications submitted to the
department prior to the license expiration date.  
   (2)  The department may subsequently suspend or revoke the renewed
license if it finds that subdivision (a) of Section 11107 applies to
the owner or operator.  
   (d) 
    (e)  Upon notification of  the  death of a
driving school licensee  ,  the department may issue a
certificate of convenience to the executor, executrix, administrator
or administratrix of the estate of a deceased holder of a validly
outstanding certificate to conduct a driving school  ,
 or  ,  if no executor, executrix, administrator or
administratrix has been appointed  ,  and until a
certified copy of an order making  such   that
 appointment is filed with the department, to the surviving
spouse or other heir otherwise entitled to conduct the business of
the deceased  , permitting such person   . The
certificate of convenience shall permit the holder  to conduct
the driving school for a period of one year from and after the date
of  the original licensee's  death, and necessary one-year
 renewals thereafter pending, but not later than, 
 extensions may be granted to permit, and only until, the 
disposal of the business and qualification of the vendee of the
business or  such   the  surviving spouse
or heir for a license certificate to conduct a driving school under
 the provisions of  this division. The department
may restrict or condition the certificate and attach to the exercise
of the privilege  thereunder such   under the
certificate any  terms and conditions  as  
that  in  its   the department's 
judgment  are required for  the protection of the public
 requires  . 
   (e) 
    (f)  The department shall not issue or renew a license
certificate unless it determines that the driving school owner has
complied with Section 11103.2.
  SEC. 2.  Section 11105.1 of the Vehicle Code is amended to read:
   11105.1.  (a) The department shall issue a license certificate to
each driving school instructor and to each all-terrain vehicle safety
instructor when it is satisfied that the person has met the
qualifications required under this chapter. The original instructor's
license and  any   an  instructor's
license renewed pursuant to subdivisions (b) and (c)  is
  are  valid for three years from the date issued
unless canceled, suspended, or revoked by the department.
   (b) A licensee may apply for the renewal of an instructor's
license prior to the expiration date of the license.  In no
event shall an   An  instructor  shall not
 renew the license after the date of expiration.
   (c) The department shall require all of the following for the
renewal of the instructor's license:
   (1) Compliance with Section 11104, except subdivision (c) 
thereof   of that section  , for a driving school
instructor, or compliance with Section 11104.3, except paragraph (3)
of subdivision (a)  thereof   of that section
 , for an all-terrain vehicle safety instructor, and, for
either, compliance with Section 11105.2.
   (2)  (A)    Satisfactory completion of an
examination as provided in Section 11104 or 11104.3, as applicable,
at least once during each succeeding three-year period after the
initial issuance of an instructor license certificate. 
   In 
    (B)     In  lieu of  any
  an  examination for renewal of the license, the
department may accept submission by the licensee of evidence of
continuing professional education as defined in paragraph (2) of
subdivision (b) of Section 11105.
   (d) The department may issue a probationary instructor's license
and certificate subject to conditions to be observed by the licensee
in the exercise of the privilege granted. The conditions to be
attached to the exercise of the privilege shall not appear on the
face of the license or certificate, but shall be  such as may
  those conditions that  , in the judgment of the
department,  be   are  in the public
interest and suitable to the qualifications of the applicant as
disclosed by the application and investigation by the department of
the information contained  therein   in the
application  . 
   (e) This section shall become operative on July 1, 1988. 

   (e) (1) If the department does not renew an instructor's license
by the license expiration date and the instructor has complied with
all the requirements of this section in good faith, the license shall
be deemed renewed if the instructor shows proof, if requested by the
department, of certified or traceable mailing of all applicable fees
or applications submitted to the department prior to the license
expiration date.  
   (2) The department may subsequently suspend or revoke the renewed
license if it finds that subdivision (a) of Section 11107 applies to
the instructor. 
  SEC. 3.  Section 11204 of the Vehicle Code is amended to read:
   11204.  (a) The department shall issue a license certificate to
each traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter. The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department. The license shall
be renewed annually. The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner. The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
   (b) (1) In lieu of the examination required by Section 11202.5 for
renewal of the license of a traffic violator school operator, the
department may accept submission of evidence by the licensee of
continuing professional education.
   (2) "Professional education," as used in paragraph (1), means the
satisfactory completion of courses acceptable to the department
related to traffic safety, teaching techniques, or the teaching of
driver instruction, or the participation in professional seminars
approved by the department.
   (c)  Whenever   If  in its judgment the
public interest so requires, the department may issue a probationary
license subject to special conditions to be observed by the licensee
in the conduct of the traffic violator school. The conditions to be
attached to the license shall be  any that may  
those conditions that  , in the judgment of the department,
 be   are  in the public interest and
suitable to the qualifications of the applicant as disclosed by the
application and investigation by the department of the information
contained  therein  in the application  .
The conditions may not appear on the license certificate. 
   (d) (1) If the department does not renew a traffic violator school
owner's or traffic violator school operator's license by the license
expiration date when the owner or operator has complied with all the
requirements of this section in good faith, the license shall be
deemed renewed if the owner or operator shows proof, if requested by
the department, of certified or traceable mailing of all applicable
fees or applications submitted to the department prior to the license
expiration date.  
   (2) The department may subsequently suspend or revoke the renewed
license if it finds that subdivision (a) of Section 11211 applies to
the owner or operator.  
   (d) 
    (e)  Upon notification of the death of a traffic
violator school licensee, the department may issue a temporary
license to the executor or administrator of the estate of a deceased
holder of a validly outstanding license to conduct a traffic violator
school  ,  or  ,  if no executor or
administrator has been appointed and until a certified copy of an
order making an appointment is filed with the department, a temporary
license may be issued to the surviving spouse or other heir entitled
to conduct the business of the deceased. The temporary license shall
permit the holder to conduct the traffic violator school for a
period of one year from and after the date of the original licensee's
death, and necessary one-year extensions may be granted to permit
disposal of the business and qualification for a license of a
purchaser of the business or the surviving spouse or heir. The
department may restrict or condition a temporary license and attach
to the exercise of the privilege  thereunder  
under the temporary license  any terms and conditions that in
the department's judgment are required for the protection of the
public.
  SEC. 4.  Section 11207 of the Vehicle Code is amended to read:
   11207.  (a) The department shall issue a license certificate to
each traffic violator school instructor when it is satisfied that he
or she has met the qualifications required under this chapter. The
original instructor license and any license renewed pursuant to
subdivisions (b) and (c) shall be valid for a period of three years
from the date of issuance unless canceled, suspended, or revoked by
the department.
   (b)  Every   An  application for the
renewal of a traffic violator school instructor license may be made
by the licensee prior to the expiration date of the license by
presenting to the department a completed application on a form
provided by the department.  In no event shall a 
 A  traffic violator school instructor  shall not 
renew the license after the date of expiration.
   (c) The department shall require all of the following for the
renewal of an instructor's license:
   (1) Compliance with Section 11206, except subdivision (c) 
thereof   of that section  .
   (2) Satisfactory completion of an examination as provided in
Section 11206 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
education.
   (d)  When  If  , in its judgment, the
public interest so requires, the department may issue a probationary
license subject to special conditions to be observed by the licensee
in the exercise of the privilege granted. The conditions to be
attached to the license shall be  such as may  
those conditions that  , in the judgment of the department,
 be   are  in the public interest and
suitable to the qualifications of the applicant, as disclosed by the
application and investigation by the department of the information
contained  therein   in the application  .

   (e) (1) If the department does not renew an instructor's license
by the license expiration date and the instructor has complied with
all the requirements of this section in good faith, the license shall
be deemed renewed if the instructor shows proof, if requested by the
department, of certified or traceable mailing of all applicable fees
or applications submitted to the department prior to the license
expiration date.  
   (2) The department may subsequently suspend or revoke the renewed
license if it finds that subdivision (a) of Section 11211 applies to
the instructor.