Bill Text: CA SB632 | 2023-2024 | Regular Session | Amended

California Senate Bill 632

Bill Title: Vehicles: off-highway recreation: Red Rock Canyon State Park.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-07-02 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 1). Re-referred to Com. on APPR. [SB632 Detail]

Download: California-2023-SB632-Amended.html

Amended IN Assembly May 28, 2024

Amended IN Assembly July 11, 2023

Amended IN Assembly June 27, 2023

Amended IN Senate May 18, 2023

Amended IN Senate March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 632

Introduced by Senator Caballero
(Coauthor: Senator Grove)

February 16, 2023

~~An act to amend Sections 9084 and 13307.5 of, the Elections Code, and to amend Section 85601 of, the Government Code, relating to elections.~~ An act to amend Sections 38026 and 38026.5 of, and to add and repeal Section 38026.3 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 632, as amended, Caballero. ~~Candidate statements.~~ Vehicles: off-highway recreation: Red Rock Canyon State Park.

Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met, including a prohibition on a designation of greater than 3 miles.
Existing law, until January 1, 2025, authorizes the County of Inyo to operate a pilot project that exempts specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo to prepare and submit to the Legislature reports evaluating the effectiveness and environmental impacts of the pilot project, as specified.
This bill would authorize the Department of Parks and Recreation, until January 1, 2030, to implement a similar pilot program at Red Rock Canyon State Park. The bill would also require the department, in conjunction with specified state agencies, to prepare and submit to the Legislature reports evaluating the effectiveness and environmental impacts of the pilot project by January 1, 2029, as specified.
Existing law allows certain candidates for state or federal elective office, as specified, to purchase space to place a statement in the voter information portion of the sample ballot that does not exceed 250 words.
This bill would allow the statement to include the party affiliation of the candidate and the candidate’s membership or activity in partisan political organizations. The bill would require the Secretary of State or the office of the elections official to notify a candidate for statewide elective office, State Senate, or Assembly who files a statement with the Secretary of State or the elections official whether the statement was approved or rejected, as specified. By imposing additional duties on local elections officials, this bill would impose a state-mandated local program.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements.
~~This bill would declare that it furthers the purposes of the act.~~
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

The people of the State of California do enact as follows:

SECTION 1.

Section 38026 of the Vehicle Code is amended to read:

38026.

(a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the Director of Parks and Recreation finds that a highway, or a portion of a highway, under the jurisdiction of the authority, agency, or the director, as the case may be, is located in a manner that provides a connecting link between off-highway motor vehicle trail segments, between an off-highway motor vehicle recreational use area and necessary service facilities, or between lodging facilities and an off-highway motor vehicle recreational facility and if it is found that the highway is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of off-highway motor vehicles on that highway, the local authority, by resolution or ordinance, agency of the federal government, or the Director of Parks and Recreation, as the case may be, may designate that highway, or a portion of a highway, for combined use and shall prescribe rules and regulations therefor. A highway, or portion of a highway, shall not be so designated for a distance of more than three miles, except as provided in Sections ~~38026.1 and 38026.2.~~ 38026.1, 38026.2, and 38026.3. A freeway shall not be designated under this section.

(b) The Off-Highway Motor Vehicle Recreation Commission may propose highway segments for consideration by local authorities, an agency of the federal government, or the Director of Parks and Recreation for combined use.

(c) Prior to designating a highway or portion of a highway on the motion of the local authority, an agency of the federal government, or the Director of Parks and Recreation, or as a recommendation of the Off-Highway Motor Vehicle Recreation Commission, a local authority, an agency of the federal government, or the Director of Parks and Recreation shall notify the Commissioner of the California Highway Patrol, and shall not designate any segment pursuant to subdivision (a) which, in the opinion of the commissioner, would create a potential traffic safety hazard.

(d) (1) A designation of a highway, or a portion of a highway, under subdivision (a) shall become effective upon the erection of appropriate signs of a type approved by the Department of Transportation on and along the highway, or portion of the highway.

(2) The cost of the signs shall be reimbursed from the Off-Highway Vehicle Trust Fund, when appropriated by the Legislature, or by expenditure of funds from a grant or cooperative agreement made pursuant to Section 5090.50 of the Public Resources Code.

SEC. 2.

Section 38026.3 is added to the Vehicle Code, to read:

38026.3.
(a) Except as provided in subdivision (d), the Department of Parks and Recreation may establish a pilot project to designate combined-use highways on roads in Red Rock Canyon State Park for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, and reduce off-highway vehicle trespass on private land.
(b) A pilot project established pursuant to this section shall do all of the following:
(1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by the director of the department.
(2) Prescribe a procedure for the department to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot project.
(3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, all of the following:
(A) Devices to warn of dangerous conditions, obstacles, or hazards.
(B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles.
(C) A description of the nature and destination of the off-highway motor vehicle trail.
(D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic.
(4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements specified in Section 38026.5.
(5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section.
(6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles.
(B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both.
(7) Include an opportunity for public comment at a public hearing held by the department in order to evaluate the pilot project.
(c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025.
(d) The department shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard.
(e) (1) Not later than January 1, 2029, the department, in consultation with the Department of the California Highway Patrol and the Department of Transportation, shall prepare and submit to the Legislature a report evaluating the pilot project that contains all of the following:
(A) A description of the road segments designated to allow combined use for over three miles.
(B) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation.
(C) A description of the public comments received at a public hearing held by the department in regards to an evaluation of the pilot project.
(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.

SEC. 3.

Section 38026.5 of the Vehicle Code is amended to read:

38026.5.

(a) In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven on a local highway, or a portion of the local highway, that is designated pursuant to Section 38026, 38026.1, ~~or 38026.2~~ 38026.2, or 38026.3 if the operation is in conformance with this code and the vehicle complies with off-highway vehicle equipment requirements specified in this division.

(b) Notwithstanding subdivision (a), it is unlawful for a person using an off-highway vehicle on a combined-use highway to do any of the following:

(1) Operate an off-highway motor vehicle on the highway during the hours of darkness.

(2) Operate a vehicle on the highway that does not have an operational stoplight.

(3) Operate a vehicle on the highway that does not have rubber tires.

(4) Operate a vehicle without a valid driver’s license of the appropriate class for the vehicle operation in possession.

(5) Operate a vehicle on the highway without complying with Article 2 (commencing with Section 16020) of Chapter 1 of Division 7.

SECTION 1.Section 9084 of the Elections Code is amended to read:
9084.
~~The state voter information guide shall contain all of the following:~~
~~(a)A complete copy of each state measure.~~
(b)(1)Except as provided in paragraph (2), before each state measure, a conspicuous notice that identifies the location on the Secretary of State’s internet website of the specific constitutional or statutory provision that the state measure would repeal or revise.
(2)The text of a measure relating to debts and liabilities, including a bond measure, shall be printed in the state voter information guide as required by Section 1 of Article XVI of the California Constitution.
~~(c)A copy of the arguments and rebuttals for and against each state measure.~~
~~(d)A copy of the analysis of each state measure.~~
(e)Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter.
(f)A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request.
~~(g)A written explanation of the judicial retention procedure as required by Section 9083.~~
~~(h)The Voter Bill of Rights pursuant to Section 2300.~~
(i)If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement may include the party affiliation of the candidate and membership or activity in partisan political organizations. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide.
~~(j)If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.~~
(k)If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s internet website for information about candidates for the offices of President and Vice President of the United States.
~~(l)A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.~~
(m)A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the internet websites where those lists are available to the public.
SEC. 2.Section 13307.5 of the Elections Code is amended to read:
13307.5.
A candidate for United States Representative may purchase the space to place a statement in the voter information portion of the county voter information guide that does not exceed 250 words. The statement shall not refer to any opponent of the candidate. The statement may include the party affiliation of the candidate and membership or activity in partisan political organizations. The statement shall be submitted in accordance with the timeframes and procedures set forth in this code for the preparation of the voter information portion of the county voter information guide.
SEC. 3.Section 85601 of the Government Code is amended to read:
85601.
(a)A candidate for statewide elective office, as defined in Section 82053, who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. Except for a statement submitted by a candidate for the office of Superintendent of Public Instruction, the statement may include the party affiliation of the candidate and membership or activity in partisan political organizations. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets.
(b)Notwithstanding subdivision (e) of Section 88001 of this code or subdivision (e) of Section 9084 of the Elections Code, on and after November 6, 2002, the Secretary of State may not include in the state ballot pamphlet a statement from a candidate who has not voluntarily agreed to the expenditure limitations set forth in Section 85400.
(c)A candidate for State Senate or Assembly who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the voter information portion of the sample ballot that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with the timeframes and procedures set forth in the Elections Code for the preparation of the voter information portion of the sample ballot. The statement may include the party affiliation of the candidate, and membership or activity in partisan political organizations.
(d)The Secretary of State or the office of the elections official shall notify a candidate if the statement has been approved or rejected upon filing if the statement is filed with the Secretary of State or with the office of the elections official, as applicable. If the statement is filed electronically, the Secretary of State or the office of the elections official, as applicable, shall notify the candidate if the statement has been approved or rejected within one business day of the statement being filed in the same manner by which the statement was submitted to the Secretary of State or the office of the elections official.
SEC. 4.
~~The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.~~
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.