Bill Text: CA SB788 | 2013-2014 | Regular Session | Chaptered
Bill Title: Transportation.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 523, Statutes of 2013. [SB788 Detail]
Download: California-2013-SB788-Chaptered.html
BILL NUMBER: SB 788 CHAPTERED
BILL TEXT
CHAPTER 523
FILED WITH SECRETARY OF STATE OCTOBER 3, 2013
APPROVED BY GOVERNOR OCTOBER 3, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY AUGUST 14, 2013
AMENDED IN ASSEMBLY JUNE 10, 2013
AMENDED IN SENATE APRIL 18, 2013
INTRODUCED BY Committee on Transportation and Housing (Senators
DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani, Hueso, Lara,
Liu, Pavley, Roth, and Wyland)
FEBRUARY 22, 2013
An act to amend Section 21080 of the Public Resources Code, to
amend Section 6480.1 of the Revenue and Taxation Code, to amend
Sections 301, 319, 325, 339, 349, 358, 366, 368, 374, 382, 386, 430,
622.1, and 890.4 of, and to repeal Section 301.2 of, the Streets and
Highways Code, and to amend Sections 585, 5022, 5023, 5068, 5072,
5101.7, 5106, 12517.1, 14606, and 42007 of, to add Sections 385.2 and
385.3 to, and to repeal Sections 378 and 379 of, the Vehicle Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 788, Committee on Transportation and Housing. Transportation.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify completion of, an environmental impact report on a project
that it proposes to carry out or approve that may have a significant
effect on the environment, or to adopt a negative declaration if it
finds that the project will not have that effect. Existing law
exempts certain activities from CEQA, including a project for the
institution or increase of passenger or commuter services on rail or
highway rights-of-way already in use, including modernization of
existing stations and parking facilities.
This bill would define the term "highway" for these purposes.
(2) Existing law requires that on July 1 of each succeeding year,
the prepayment rate of the retail sales tax per gallon for aircraft
jet fuel, rounded to the nearest $0.005, be established by the State
Board of Equalization based upon 80% of the combined state and local
sales tax rate, as specified, on the arithmetic average selling
price, excluding sales and state excise taxes, as determined by the
board. Existing law requires the board to make its determination of
the rate no later than March 1 of the year prior to the effective
date of the new rate. Existing law requires that immediately upon
making its determination and setting of the rate, the board must each
year, no later than May 1, notify every supplier, wholesaler, and
retailer of aircraft jet fuel. Existing law permits the board to
readjust the rate in the event the price of aircraft jet fuel
decreases or increases, and the established rate results in
prepayments that consistently exceed or are significantly lower than
the retailers' sales tax liability.
This bill would revise the provision that requires the board to
make its determination of the rate no later than March 1 of the year
prior to the effective date of the new rate, and instead would
require this determination to be made no later than March 1 of the
same year as the effective date of the new rate. The bill would make
other conforming changes.
(3) Existing law gives the Department of Transportation full
possession and control of all state highways. Existing law describes
the authorized routes in the state highway system and establishes a
process for adoption of a highway on an authorized route by the
California Transportation Commission. Existing law authorizes the
commission to relinquish certain state highway segments to local
agencies.
This bill would authorize the commission to relinquish portions of
State Highway Routes 68, 74, and 86 to local agencies under certain
conditions. This bill would also authorize the commission to
relinquish a portion of State Highway Route 25 in the City of
Hollister to that city prior to relocation of that route to a
proposed new easterly bypass alignment, under certain conditions, and
would thereafter require the commission to adopt the new bypass
alignment into the state highway system, as specified. This bill
would revise the descriptions of certain authorized state highway
routes to reflect implementation of previously authorized
relinquishments. This bill would repeal an existing requirement that
the City of Auburn ensure the continuity of traffic flow, including
any traffic signal progression, on a former portion of State Highway
Route 49 previously relinquished to it. The bill would make other
related changes.
(4) Existing law defines "bikeway" for certain purposes to mean
all facilities that provide primarily for bicycle travel. Existing
law categorizes bikeways into 3 classes of facilities.
This bill would make various modifications to these provisions.
(5) Existing law defines the terms "logging dolly," "logging
vehicle," "station wagon," and "schoolbus accident" for purposes of
the Vehicle Code.
This bill would renumber certain of these provisions and revise
the definitions of logging dolly, station wagon, and schoolbus
accident.
(6) Existing law authorizes the Department of Motor Vehicles to
issue various specialized license plates, including license plates
commemorating the Olympics. Existing law also provides for the
issuance of substitute or duplicate Olympic license plates under
certain conditions, and for issuance of Olympic plates as
environmental license plates with a special series of letters or
numbers. Existing law allows an existing holder of Olympic license
plates to renew them or transfer them to another vehicle.
This bill would provide that substitute or duplicate Olympic
license plates shall not be available beginning on January 1, 2014.
The bill would provide for the department to issue regular series
plates whenever holders of Olympic plates request substitute or
duplicate plates, and, in that regard, would also authorize holders
of Olympic plates issued as environmental license plates to apply for
other special license plates to be issued with the same combination
of letters or numbers as appear on their Olympic plates. The bill
would make other conforming changes.
(7) Existing law provides for certain revenues derived from
Olympic license plates to be deposited in the California Olympic
Training Account in the General Fund. Existing law requires the
Controller to annually transfer the moneys in that account to the
General Fund.
This bill would instead provide for deposit of those revenues
directly into the General Fund.
(8) Existing law also authorizes the Department of Motor Vehicles
to issue specialized license plates for veterans' associations and to
fund child health and safety programs. Existing law requires payment
of an additional specified charge for personalization of these
plates.
This bill would provide that these specialized license plates are
not subject to the payment of another charge generally applicable to
personalization of license plates.
(9) Existing law prohibits a person from employing, hiring,
knowingly permitting, or authorizing any person to drive a motor
vehicle owned by him or her or under his or her control upon the
highways unless that person is licensed for the appropriate class of
vehicle to be driven. Existing law requires that whenever a person
fails to qualify, on reexamination, to operate a commercial motor
vehicle, an employer shall report that failure to the Department of
Motor Vehicles within 10 days. Existing law requires that, until
January 30, 2014, if a driver has no medical certification status
information in the Commercial Driver License Information System motor
vehicle record obtained from the driver's state licensing agency,
the employing motor carrier may accept as proof of medical
certification a medical examiner's certificate issued to that driver
prior to January 30, 2012. Existing law, operative January 1, 2014,
requires an employer to obtain from a driver required to have a
commercial driver's license or commercial endorsement a copy of the
driver's medical certification before allowing the driver to operate
a commercial motor vehicle. Existing law requires the employer to
retain the certification as part of a driver qualification file.
This bill would change the provision with an operative date of
January 1, 2014, to instead become operative on January 30, 2014.
(10) Existing law allows an individual convicted of a traffic
offense to attend a traffic violator school course under certain
circumstances. Completion of the course results in confidentiality of
the conviction on the driving record, except in the case of an
individual with a commercial driver's license, in which case
completion of the course results in a nonconfidential conviction with
no violation points on the driving record. Existing law requires the
courts, in a courtesy notice sent to a driver with a traffic
citation, to include specified information on the effect on the
driving record of attending a traffic violator school course.
This bill would revise the text of the required courtesy notice to
reflect the distinction between noncommercial and commercial driver'
s licenses.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080 of the Public Resources Code is amended
to read:
21080. (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
(b) This division does not apply to any of the following
activities:
(1) Ministerial projects proposed to be carried out or approved by
public agencies.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an
emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal
powerplant site or facility, including the expenditure, obligation,
or encumbrance of funds by a public agency for planning, engineering,
or design purposes, or for the conditional sale or purchase of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or
commuter services on rail or highway rights-of-way already in use,
including modernization of existing stations and parking facilities.
For purposes of this paragraph, "highway" shall have the same meaning
as defined in Section 360 of the Vehicle Code.
(11) A project for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
(14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment in
this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.
(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative
declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (B) there is
no substantial evidence, in light of the whole record before the lead
agency, that the project, as revised, may have a significant effect
on the environment.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall be
prepared.
(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable. In those circumstances, the lead
agency, prior to approving the project, may delete those mitigation
measures and substitute for them other mitigation measures that the
lead agency finds, after holding a public hearing on the matter, are
equivalent or more effective in mitigating significant effects on the
environment to a less than significant level and that do not cause
any potentially significant effect on the environment. If those new
mitigation measures are made conditions of project approval or are
otherwise made part of the project approval, the deletion of the
former measures and the substitution of the new mitigation measures
shall not constitute an action or circumstance requiring
recirculation of the mitigated negative declaration.
(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary to
avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency's approval of the negative
declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be
reapproved, unless the lead agency substitutes a new condition that
the lead agency finds, after holding a public hearing on the matter,
is equivalent to, or more effective in, lessening or avoiding
significant effects on the environment and that does not cause any
potentially significant effect on the environment.
SEC. 2. Section 6480.1 of the Revenue and Taxation Code is amended
to read:
6480.1. (a) At any time that motor vehicle fuel tax or diesel
fuel tax is imposed or would be imposed, but for the dyed diesel fuel
exemption in paragraph (1) of subdivision (a) of Section 60100, or
the train operator exemption in paragraph (7) of subdivision (a) of
Section 60100 or paragraph (11) of subdivision (a) of Section 7401,
or, pursuant to subdivision (f) of Section 6480, would be deemed to
be imposed, on any removal, entry, or sale in this state of motor
vehicle fuel, aircraft jet fuel, or diesel fuel, the supplier shall
collect prepayment of retail sales tax from the person to whom the
motor vehicle fuel, aircraft jet fuel, or diesel fuel is sold.
However, if no sale occurs at the time of imposition of motor vehicle
fuel tax or diesel fuel tax, the supplier shall prepay the retail
sales tax on that motor vehicle fuel, aircraft jet fuel, or diesel
fuel. The prepayment required to be collected by the supplier
constitutes a debt owed by the supplier to this state until paid to
the board, until satisfactory proof has been submitted to prove that
the retailer of the fuel has paid the retail sales tax to the board,
or until a supplier or wholesaler who has consumed the fuel has paid
the use tax to the board. Each supplier shall report and pay the
prepayment amounts to the board, in a form as prescribed by the
board, in the period in which the fuel is sold. On each subsequent
sale of that fuel, each seller, other than the retailer, shall
collect from his or her purchaser a prepayment computed using the
rate applicable at the time of sale. Each supplier shall provide his
or her purchaser with an invoice for, or other evidence of, the
collection of the prepayment amounts which shall be separately stated
thereon.
(b) (1) A wholesaler shall collect prepayment of the retail sales
tax from the person to whom the motor vehicle fuel, aircraft jet
fuel, or diesel fuel is sold. Each wholesaler shall provide his or
her purchaser with an invoice for or other evidence of the collection
of the prepayment amounts, which shall be separately stated thereon.
(2) Each wholesaler shall report to the board, in a form as
prescribed by the board and for the period in which the motor vehicle
fuel, aircraft jet fuel, or diesel fuel was sold, all of the
following:
(A) The number of gallons of fuel sold and the amount of sales tax
prepayments collected by the wholesaler.
(B) The number of tax-paid gallons purchased and the amount of
sales tax prepayments made by the wholesaler.
(C) In the event that the amount of sales tax prepayments
collected by the wholesaler is greater than the amount of sales tax
prepayments made by the wholesaler, then the excess constitutes a
debt owed by the wholesaler to the state until paid to the board, or
until satisfactory proof has been submitted that the retailer of the
fuel has paid the tax to the board.
(c) A supplier or wholesaler who pays the prepayment and issues a
resale certificate to the seller, but subsequently consumes the motor
vehicle fuel, aircraft jet fuel, or diesel fuel, shall be entitled
to a credit against his or her sales and use taxes due and payable
for the period in which the prepayment was made, provided that he or
she reports and pays the use tax to the board on the consumption of
that fuel.
(d) The amount of a prepayment paid by the retailer or a supplier
or wholesaler who has consumed the motor vehicle fuel, aircraft jet
fuel, or diesel fuel to the seller from whom he or she acquired the
fuel shall constitute a credit against his or her sales and use taxes
due and payable for the period in which the sale was made. Failure
of the supplier or wholesaler to report prepayments or the supplier's
or wholesaler's failure to comply with any other duty under this
article shall not constitute grounds for denial of the credit to the
retailer, supplier, or wholesaler, either on a temporary or permanent
basis or otherwise. To be entitled to the credit, the retailer,
supplier, or wholesaler shall retain for inspection by the board any
receipts, invoices, or other documents showing the amount of sales
tax prepaid to his or her supplier, together with the evidence of
payment.
(e) The rate of the prepayment required to be collected during the
period from July 1, 1986, through March 31, 1987, shall be four
cents ($0.04) per gallon of motor vehicle fuel distributed or
transferred.
(f) The rate of prepayment required to be collected for motor
vehicle fuel, aircraft jet fuel, and diesel fuel as established by
the board in effect on January 1, 2013, shall remain in effect
through June 30, 2013.
(g) On July 1 of each succeeding year, the prepayment rate per
gallon for motor vehicle fuel, rounded to the nearest one-half of one
cent ($0.005), of the required prepayment shall be established by
the board based upon 80 percent of the combined state and local sales
tax rate established by Sections 6051, 6051.2, 6051.3, 6051.5, 7202,
and 7203.1, and Section 35 of Article XIII of the California
Constitution on the arithmetic average selling price (excluding sales
tax) as reported by an industry publication of all grades of
gasoline sold through a self-service gasoline station. The board
shall make its determination of the rate no later than March 1 of the
same year as the effective date of the new rate. Immediately upon
making its determination and setting of the rate, the board shall
each year, no later than May 1, notify every supplier, wholesaler,
and retailer of motor vehicle fuel. In the event the price of fuel
decreases or increases or an exemption from sales tax for sales of
fuel is enacted, and the established rate results in or could result
in prepayments which consistently exceed or are significantly lower
than the retailers' sales tax liability, the board may readjust the
rate.
(h) On July 1 of each succeeding year, the prepayment rate per
gallon for aircraft jet fuel, rounded to the nearest one-half of one
cent ($0.005), shall be established by the board based upon 80
percent of the combined state and local sales tax rate established by
Sections 6051, 6051.2, 6051.3, 6051.5, 7202, and 7203.1, and Section
35 of Article XIII of the California Constitution on the arithmetic
average selling price (excluding sales and state excise taxes) as
determined by the board based on published industry reports. The
board shall make its determination of the rate no later than March 1
of the same year as the effective date of the new rate. Immediately
upon making its determination and setting of the rate, the board
shall each year, no later than May 1, notify every supplier,
wholesaler, and retailer of aircraft jet fuel. In the event the price
of aircraft jet fuel decreases or increases, and the established
rate results in prepayments that consistently exceed or are
significantly lower than the retailers' sales tax liability, the
board may readjust the rate.
(i) On July 1 of each succeeding year, the prepayment rate per
gallon for diesel fuel, rounded to the nearest one-half of one cent
($0.005), shall be established by the board based upon 80 percent of
the combined state and local sales tax rate established by Sections
6051, 6051.2, 6051.3, 6051.5, 6051.8, 7202, and 7203.1, and Section
35 of Article XIII of the California Constitution on the arithmetic
average selling price (excluding sales and state excise taxes) as
determined by the board based on published industry reports. The
board shall make its determination of the rate no later than March 1
of the same year as the effective date of the new rate. Immediately
upon making its determination and setting of the rate, the board
shall each year, no later than May 1, notify every supplier,
wholesaler, and retailer of diesel fuel. In the event the rate of
sales tax imposed on sales of diesel fuel increases or decreases or
the price of diesel fuel decreases or increases, and the established
rate results in or could result in prepayments that consistently
exceed or are significantly lower than the retailers' sales tax
liability, the board may readjust the rate.
(j) (1) Notwithstanding any other provision of this section, motor
vehicle fuel sold by a supplier or wholesaler to a qualified
purchaser who, pursuant to a contract with the State of California or
its instrumentalities, resells that fuel to the State of California
or its instrumentalities shall be exempt from the prepayment
requirements.
(2) A qualified purchaser who acquires motor vehicle fuel for
subsequent resale to the State of California or its instrumentalities
pursuant to this subdivision shall furnish to the supplier or
wholesaler from whom the fuel is acquired an exemption certificate,
completed in accordance with any instructions or regulations as the
board may prescribe. The supplier or wholesaler shall retain the
certificate in his or her records in support of the exemption. To
qualify for the prepayment exemption, both of the following
conditions shall apply:
(A) The qualified purchaser does not take possession of the fuel
at any time.
(B) The fuel is delivered into storage tanks owned or leased by
the State of California or its instrumentalities via facilities of
the supplier or wholesaler, or by common or contract carriers under
contract with the supplier or wholesaler.
(3) For purposes of this subdivision, "qualified purchaser" means
a wholesaler who does not have or maintain a storage facility or
facilities for the purpose of selling motor vehicle fuel.
SEC. 3. Section 301 of the Streets and Highways Code is amended to
read:
301. Route 1 is from:
(a) Route 5 south of San Juan Capistrano to Route 101 near El Rio
except for the portions of Route 1 relinquished:
(1) Within the city limits of the City of Dana Point between the
western edge of the San Juan Creek Bridge and Eastline Road at the
city limits of the City of Laguna Beach.
(2) Within the city limits of the City of Newport Beach between
Jamboree Road and Newport Coast Drive.
(3) Within the city limits of the City of Santa Monica between the
southern city limits and Route 10.
(b) Route 101 at Emma Wood State Beach, 1.3 miles north of Route
33, to Route 101, 2.8 miles south of the Ventura-Santa Barbara county
line at Mobil Pier Undercrossing.
(c) Route 101 near Las Cruces to Route 101 in Pismo Beach via the
vicinity of Lompoc, Vandenberg Air Force Base, and Guadalupe.
(d) Route 101 in San Luis Obispo to Route 280 south of San
Francisco along the coast via Cambria, San Simeon, and Santa Cruz.
(e) Route 280 near the south boundary of the City and County of
San Francisco to Route 101 near the approach to the Golden Gate
Bridge in San Francisco.
(f) Route 101 near the southerly end of Marin Peninsula to Route
101 near Leggett via the coast route through Jenner and Westport.
(g) The relinquished former portions of Route 1 within the Cities
of Dana Point, Newport Beach, and Santa Monica are not state highways
and are not eligible for adoption under Section 81. For those
relinquished former portions of Route 1, the Cities of Dana Point,
Newport Beach, and Santa Monica shall maintain within their
respective jurisdictions signs directing motorists to the
continuation of Route 1. The City of Newport Beach shall ensure the
continuity of traffic flow on the relinquished portions of Route 1
within its jurisdiction, including, but not limited to, any traffic
signal progression.
(h) The commission may relinquish to the City of Oxnard the
portion of Route 1 that is located within the city limits of that
city and is between Pleasant Valley Road and Route 101, upon terms
and conditions the commission finds to be in the best interests of
the state, if the commission and the city enter into an agreement
providing for that relinquishment.
(1) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, that
portion of Route 1 relinquished shall cease to be a state highway and
may not be considered for future adoption under Section 81.
(3) For portions of Route 1 relinquished under this subdivision,
the City of Oxnard shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 1.
SEC. 4. Section 301.2 of the Streets and Highways Code is
repealed.
SEC. 5. Section 319 of the Streets and Highways Code is amended to
read:
319. (a) Route 19 is from the northern city limit of the City of
Lakewood to Gardendale Street/Foster Road in the Cities of Bellflower
and Downey.
(b) If the commission determines it is in the state's best
interests to do so, it may do the following, pursuant to a
cooperative agreement between the respective city and the department:
(1) Relinquish to the City of Bellflower the portion of Route 19
between the city's southerly city limit near Rose Avenue and
Gardendale Street/Foster Road.
(2) Relinquish to the City of Downey the portion of Route 19
between the city's southerly city limit at Century Boulevard and
Gardendale Street.
(c) A relinquishment under this section shall become effective
when the county recorder records the relinquishment resolution
containing the commissioner's approval of the relinquishment's terms
and conditions.
(d) Any portion of Route 19 relinquished pursuant to this section
shall cease to be a state highway on the effective date of the
relinquishment.
(e) The relinquished former portions of Route 19 within the Cities
of Downey, Lakewood, Long Beach, and Pico Rivera are not state
highways and are not eligible for adoption under Section 81. For the
relinquished former portions of Route 19, the Cities of Downey,
Lakewood, Long Beach, and Pico Rivera shall maintain within their
respective jurisdictions signs directing motorists to the
continuation of Route 19. The City of Lakewood shall ensure the
continuity of traffic flow on the relinquished former portion of
Route 19, including any traffic signal progression.
SEC. 6. Section 325 of the Streets and Highways Code is amended to
read:
325. (a) Route 25 is from Route 198 to Route 101 near Gilroy.
(b) (1) Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish to the City of Hollister
the portion of Route 25 that is located within the city's
jurisdiction between Sunnyslope Road and San Felipe Road prior to the
relocation of that portion of Route 25 through adoption of the
proposed new easterly bypass alignment of Route 25, if the department
and the city enter into an agreement providing for that
relinquishment.
(2) The terms and conditions imposed pursuant to paragraph (1)
shall include a requirement for the City of Hollister to maintain
within its jurisdiction signs directing motorists to the continuation
of Route 25 until such time as the new easterly bypass alignment is
adopted and opens to traffic.
(3) A relinquishment under this subdivision shall become effective
immediately following the recording by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(4) On and after the effective date of the relinquishment, both of
the following shall apply:
(A) The relinquished former portion of Route 25 shall cease to be
a state highway.
(B) The relinquished former portion of Route 25 may not be
considered for future adoption under Section 81.
(5) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission shall, upon terms and
conditions approved by it, adopt into the state highway system the
proposed easterly bypass alignment for Route 25 that is located
between Sunnyslope Road and San Felipe Road in the City of Hollister.
The adoption may occur at any time after the effective date of the
relinquishment pursuant to paragraph (3).
SEC. 7. Section 339 of the Streets and Highways Code is amended to
read:
339. Route 39 is from:
(a) Route 1 near Huntington Beach to the southern city limit of
Buena Park.
(b) Route 5 in Buena Park to Route 72 in La Habra via Beach
Boulevard.
(c) Beach Boulevard to Harbor Boulevard in La Habra via Whittier
Boulevard.
(d) Whittier Boulevard in La Habra to Route 2 via Harbor Boulevard
to the vicinity of Fullerton Road, then to Azusa Avenue, Azusa
Avenue to San Gabriel Canyon Road, San Gabriel Avenue southbound
between Azusa Avenue and San Gabriel Canyon Road, and San Gabriel
Canyon Road, other than the portion of the segment described by this
subdivision that is within the city limits of Azusa, Covina, and West
Covina.
The relinquished former portions of Route 39 within the city
limits of Azusa, Buena Park, Covina, and West Covina are not state
highways and are not eligible for adoption under Section 81. For the
relinquished former portions of Route 39, the Cities of Azusa, Buena
Park, Covina, and West Covina shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
39.
SEC. 8. Section 349 of the Streets and Highways Code is amended to
read:
349. (a) Route 49 is from:
(1) Route 41 near Oakhurst to Route 140 at Mariposa.
(2) Route 140 at Mariposa to Route 120 near Moccasin.
(3) Route 120 near Chinese Camp to Route 80 near Auburn via the
vicinity of Sonora; via Angels Camp, San Andreas, and Jackson; and
via the vicinity of El Dorado, Diamond Springs, and Placerville.
(4) Route 80 near Auburn to Route 20 in Grass Valley.
(5) Route 20 at Nevada City to Route 89 near Sattley via
Downieville.
(6) Route 89 near Sierraville to Route 70 near Vinton via
Loyalton.
(b) The relinquished former portion of Route 49 within the
City of Auburn is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 49, the City of Auburn shall maintain within its jurisdiction
signs directing motorists to the continuation of Route 49. The city
may apply to the department for approval of a business route
designation in accordance with Chapter 20, Topic 21, of the Highway
Design Manual.
SEC. 9. Section 358 of the Streets and Highways Code is amended to
read:
358. (a) Route 58 is from:
(1) Route 101 near Santa Margarita to Route 33.
(2) Route 33 to Route 43.
(3) Route 43 to just west of Van Buren Place near Bakersfield.
(4) Mohawk Street near Bakersfield to Route 99.
(5) Route 99 to Route 15 near Barstow via Bakersfield and Mojave.
(b) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish to the City of Bakersfield or
the County of Kern the portion of Route 58 that is located within the
jurisdiction of that city or county if the city or county agrees to
accept it. The following conditions shall apply upon relinquishment:
(1) The relinquishment shall become effective on the date
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, the
relinquished portion of Route 58 shall cease to be a state highway.
(3) The portion of Route 58 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(4) For the portion of Route 58 that is relinquished under this
subdivision, the City of Bakersfield or the County of Kern shall
install and maintain within the jurisdiction of the city or county
signs directing motorists to the continuation of Route 58.
(c) The relinquished former portions of Route 58 within the
unincorporated area of the County of Kern and within the City of
Bakersfield are not state highways and are not eligible for adoption
under Section 81. For the relinquished former portions of Route 58,
the County of Kern and the City of Bakersfield shall maintain within
their respective jurisdictions signs directing motorists to the
continuation of Route 58.
SEC. 10. Section 366 of the Streets and Highways Code is amended
to read:
366. (a) Route 66 is from:
(1) Route 210 near San Dimas to the eastern city limit of the City
of Pomona.
(2) The eastern city limit of the City of Rialto to Route 215 in
San Bernardino.
(b) The relinquished former portions of Route 66 within the city
limits of the Cities of Claremont, Fontana, Rancho Cucamonga, Rialto,
and Upland are not state highways and are not eligible for adoption
under Section 81. For the portions of Route 66 relinquished under
this section, the Cities of Claremont, Fontana, Rancho Cucamonga,
Rialto, and Upland shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
66 and shall ensure the continuity of traffic flow on the
relinquished portions of Route 66, including any traffic signal
progression.
SEC. 11. Section 368 of the Streets and Highways Code is amended
to read:
368. (a) Route 68 is from:
(1) Asilomar State Beach to Route 1.
(2) Monterey to Route 101 in Salinas.
(b) (1) Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish to the City of Pacific
Grove or the County of Monterey the portion of Route 68 described in
paragraph (1) of subdivision (a) located within the jurisdiction of
the city or the unincorporated area of the county, respectively, if
the department and the city or county enter into an agreement
providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution concerning the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 68 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 68 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(4) The city or county shall ensure the continuity of traffic flow
on the relinquished former portion of Route 68 within its
jurisdiction, including, but not limited to, any traffic signal
progression.
(5) The city or county shall maintain signs on the relinquished
former portion of Route 68 within its jurisdiction directing
motorists to the continuation of Route 68.
SEC. 12. Section 374 of the Streets and Highways Code is amended
to read:
374. (a) Route 74 is from:
(1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.
(2) Route 15 near Lake Elsinore to Route 215 near Perris.
(3) Route 215 near Perris to the southern city limit of Palm
Desert.
(b) The relinquished former portions of Route 74 within the Cities
of Palm Desert and Perris are not state highways and are not
eligible for adoption under Section 81. For the former portions of
Route 74 relinquished under this subdivision, the Cities of Palm
Desert and Perris shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
74 and shall ensure the continuity of traffic flow on the
relinquished portions of Route 74, including any traffic signal
progression.
(c) (1) The commission may relinquish to the City of Lake Elsinore
the portion of Route 74 located within the city limits of that city,
upon terms and conditions the commission finds to be in the best
interests of the state.
(2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the highway
in a manner consistent with professional traffic engineering
standards.
(3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.
(4) Any relinquishment agreement shall also require the City of
Lake Elsinore to provide for public notice and the consideration of
public input on the proximate effects of any proposed decision on
traffic flow, residences, or businesses, other than a decision on
routine maintenance.
(5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify and
hold the department harmless from any liability for any claims made
or damages suffered by any person, including a public entity, as a
result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.
(6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
(7) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 74 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 74 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the portion of Route 74 relinquished under this
subdivision, including any traffic signal progression.
(9) For portions of Route 74 relinquished under this subdivision,
the City of Lake Elsinore shall maintain signs directing motorists to
the continuation of Route 74.
(d) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Hemet the portion of State Highway Route 74
that is located within the city limits of the City of Hemet, upon
terms and conditions the commission finds to be in the best interests
of the state, if the department and the City of Hemet enter into an
agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of State Highway Route 74 relinquished under this
subdivision shall cease to be a state highway.
(B) The portion of State Highway Route 74 relinquished under this
subdivision may not be considered for future adoption under Section
81.
(4) The City of Hemet shall ensure the continuity of traffic flow
on the portion of State Highway Route 74 relinquished under this
subdivision, including any traffic signal progression.
(5) For portions of State Highway Route 74 relinquished under this
subdivision, the City of Hemet shall maintain signs directing
motorists to the continuation of State Highway Route 74.
SEC. 13. Section 382 of the Streets and Highways Code is amended
to read:
382. (a) Route 82 is from Route 880 in San Jose to Route 280 in
San Francisco.
(b) The relinquished former portion of Route 82 within the City of
San Jose is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 82,
the City of San Jose shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 82 and shall ensure
the continuity of traffic flow on the relinquished former portion of
Route 82, including any traffic signal progression. The city may
apply to the department for approval of a business route designation
in accordance with Chapter 20, Topic 21, of the Highway Design
Manual.
SEC. 14. Section 386 of the Streets and Highways Code is amended
to read:
386. (a) Route 86 is from:
(1) Route 111 to Route 8 near El Centro.
(2) Route 8 near El Centro to Route 10 in Indio via the vicinity
of Brawley.
(b) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish the following portions of Route
86, if the department and the applicable local agency enter into an
agreement providing for that relinquishment, as follows:
(1) To the County of Imperial, the portions of Route 86 within
unincorporated areas of the county from the beginning of the route at
the junction of Route 111 to 0.5 mile south of Fredricks Road.
(2) To the City of El Centro, the portion of Route 86 within its
city limits.
(3) To the City of Imperial, the portion of Route 86 within its
city limits.
(4) To the City of Brawley, the portion of Route 86 within its
city limits.
(c) The following conditions shall apply upon relinquishment:
(1) The relinquishment shall become effective on the date
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, the
relinquished portions of Route 86 shall cease to be a state highway.
(3) The portions of Route 86 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(4) The Cities of Brawley, El Centro, and Imperial and the County
of Imperial shall ensure the continuity of traffic flow on the
relinquished portions of Route 86, including any traffic signal
progression.
(5) For the portions of Route 86 that are relinquished under this
subdivision, the Cities of Brawley, El Centro, and Imperial, and the
County of Imperial shall install and maintain, within their
respective jurisdictions, the city or county signs directing
motorists to the continuation of Route 86 to the extent deemed
necessary by the department.
(d) Following the relinquishments authorized in subdivision (b),
the portion of Route 86 from 0.5 mile south of Fredricks Road to the
north junction of Route 78 shall be redesignated as a part of Route
78.
SEC. 15. Section 430 of the Streets and Highways Code is amended
to read:
430. (a) Route 130 is from the eastern city limit of the City of
San Jose near Manning Avenue to Route 33 near Patterson via the
vicinity of Mount Hamilton.
(b) The relinquished former portion of Route 130 within the City
of San Jose is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 130,
the City of San Jose shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 130 and shall ensure
the continuity of traffic flow on the relinquished former portion of
Route 130, including any traffic signal progression.
SEC. 16. Section 622.1 of the Streets and Highways Code is amended
to read:
622.1. Route 710 shall also include that portion of the freeway
between Route 1 and the northern end of Harbor Scenic Drive, that
portion of Harbor Scenic Drive to Ocean Boulevard, that portion of
Ocean Boulevard west of its intersection with Harbor Scenic Drive to
its junction with Seaside Boulevard, and that portion of Seaside
Boulevard from the junction with Ocean Boulevard to Route 47.
SEC. 17. Section 890.4 of the Streets and Highways Code is amended
to read:
890.4. As used in this article, "bikeway" means all facilities
that provide primarily for bicycle travel. For purposes of this
article, bikeways shall be categorized as follows:
(a) Class I bikeways, also known as "bike paths" or "shared-use
paths," which provide a completely separated right-of-way designated
for the exclusive use of bicycles and pedestrians with crossflows by
motorists minimized.
(b) Class II bikeways, also known as "bike lanes," which provide a
restricted right-of-way designated for the exclusive or
semiexclusive use of bicycles with through travel by motor vehicles
or pedestrians prohibited, but with vehicle parking and crossflows by
pedestrians and motorists permitted.
(c) Class III bikeways, also known as onstreet or offstreet "bike
routes," which provide a right-of-way designated by signs or
permanent markings and shared with pedestrians and motorists.
SEC. 18. Section 378 of the Vehicle Code is repealed.
SEC. 19. Section 379 of the Vehicle Code is repealed.
SEC. 20. Section 385.2 is added to the Vehicle Code, to read:
385.2. A "logging dolly" is a vehicle designed for carrying logs,
having one or more axles that, if there are more than one, are not
more than 54 inches apart, and used in connection with a motor truck
solely for the purpose of transporting logs and securely connected
with the towing vehicle both by a reach and by the load.
SEC. 21. Section 385.3 is added to the Vehicle Code, to read:
385.3. A "logging vehicle" is a vehicle used exclusively in the
conduct of logging operations and not designed for the transportation
of persons or property on a highway.
SEC. 22. Section 585 of the Vehicle Code is amended to read:
585. A "station wagon" is a dual purpose vehicle designed for the
transportation of persons and also designed in such a manner that
the seats may be removed or folded out of the way for the purpose of
increasing the property carrying space within the vehicle. The term
includes, but is not limited to, types of vehicles which carry the
trade names of station wagon, estate wagon, town and country wagon,
and country sedan. A vehicle used primarily for the transportation of
cadavers to or from a funeral home, mortuary, or burial site is not
a station wagon.
SEC. 23. Section 5022 of the Vehicle Code is amended to read:
5022. (a) Until December 31, 1984, a person described in Section
5101 may also apply for a set of commemorative 1984 Olympic
reflectorized license plates and the department shall issue those
special license plates in lieu of the regular license plates. No
commemorative 1984 Olympic reflectorized license plates shall be
issued pursuant to an application therefor which is submitted on or
after January 1, 1985, but the holder of those plates may thereafter
renew or retain them, or transfer them to another vehicle, subject to
this section.
(b) The commemorative 1984 Olympic reflectorized license plates
shall be of a distinctive design and shall be available in a special
series of letters or numbers, or both, as determined by the
department after consultation with the Los Angeles Olympic Organizing
Committee.
(c) In addition to the regular fees for an original registration
or renewal of registration, a special fee of twelve dollars ($12)
shall be paid for the transfer of the special plates to another
vehicle.
(d) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the plates upon
sale, trade, or other release of the vehicle upon which the special
plates have been displayed, the person shall notify the department
and the person may retain the special plates.
(e) Until December 31, 1989, duplicate, replacement plates shall
be identical commemorative 1984 Olympic reflectorized license plates
of the same letter, number, and design as originally issued. However,
duplicate, replacement plates of the commemorative 1984 Olympic
reflectorized license plate series shall not be available on or after
January 1, 1990. Thereafter, unless otherwise provided by this code,
regular series plates shall be issued for the fee provided in
Section 9265 whenever substitute or duplicate plates are requested.
(f) All revenue derived from the additional special fees provided
in this section shall be deposited in the California Environmental
License Plate Fund pursuant to Section 21191 of the Public Resources
Code.
SEC. 24. Section 5023 of the Vehicle Code is amended to read:
5023. (a) (1) Until December 31, 2013, a person described in
Section 5101 may also apply for a set of commemorative Olympic
reflectorized license plates and the department shall issue those
special license plates in lieu of regular license plates. The
commemorative Olympic reflectorized license plates shall be of a
distinctive design and shall be available in a special series of
letters or numbers, or both, as determined by the department after
consultation with the United States Olympic Committee. The department
may issue the commemorative Olympic reflectorized license plates as
environmental license plates, as defined in Section 5103, in a
combination of numbers or letters, or both, as requested by the owner
or lessee of the vehicle.
(2) On or after January 1, 2014, original, substitute, or
duplicate Olympic license plates, including those issued as
environmental license plates, shall not be available. However, the
holder of Olympic license plates may thereafter renew or retain those
plates, or transfer them to another vehicle, subject to this
section. Unless otherwise provided by this code, regular series
plates shall be issued for the fee provided in Section 9265 whenever
substitute or duplicate plates are requested.
(3) On or after January 1, 2014, the holder of Olympic license
plates issued as environmental license plates, as defined in Section
5103, may apply for other special license plates using the exact
combination of numbers or letters, or both, if authorized by this
code, whenever the holder requests substitute or duplicate plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following special fees shall be paid:
(1) Fifteen dollars ($15) for the transfer of the special plates
to another vehicle.
(2) Thirty dollars ($30) for the annual renewal of the special
plates.
(c) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the plates upon
sale, trade, or other release of the vehicle upon which the special
plates have been displayed, the person shall notify the department
and the person may retain the special plates.
(d) All revenue derived from the additional special fees provided
in this section, less costs incurred by the department pursuant to
this section, shall be deposited in the General Fund.
SEC. 25. Section 5068 of the Vehicle Code is amended to read:
5068. (a) (1) (A) A veterans' organization may apply either
individually or with other veterans' organizations to meet the
application threshold set forth in Section 5060 for special interest
plates. An organization that meets the minimum application
requirement by applying with other organizations under this
subdivision shall be issued a regular license plate bearing a
distinctive design or decal approved under subdivision (a) of Section
5060.
(B) The Department of Veterans Affairs may modify the distinctive
design or decal described in subparagraph (A), consistent with the
design criteria imposed by Section 5060, to honor all veterans, or
veterans who served in a particular war or armed conflict as
described in subdivision (a) of Section 5068.1. Special interest
plates issued under this section and bearing the modified design or
decal shall be issued only after all existing plates have been
issued.
(2) Any person who is the registered owner or lessee of a
passenger vehicle, commercial motor vehicle, motorcycle, trailer, or
semitrailer registered or certificated with the department, or any
person who applies for an original registration or renewal of
registration of that vehicle may apply under this section for a
special interest license plate with a decal that honors all veterans
or veterans who served in a particular war or armed conflict.
(3) Special interest license plates issued under this section may
be issued in a combination of numbers or letters, or both, requested
by the owner or lessee of the vehicle, to be displayed in addition to
the design or decal authorized under paragraph (1), subject to
Section 5105.
(b) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following fees shall be paid by individuals applying for a special
interest license plate or a decal issued under this section:
(1) Fifty dollars ($50) for the initial issuance of the plates and
decals. The plates shall be permanent and shall not be required to
be replaced.
(2) Forty dollars ($40) for each renewal of registration that
includes the continued display of the plates or decals.
(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(4) Thirty-five dollars ($35) for replacement plates, if they
become damaged or unserviceable.
(5) Ten dollars ($10) for replacement decals, if they become
damaged or unserviceable.
(6) Notwithstanding Section 5106, seventy-eight dollars ($78) for
the personalization of the plates, as authorized under paragraph (3)
of subdivision (a).
(c) The department shall maintain on its Internet Web site, a link
to order online the special interest license plates issued pursuant
to this section.
SEC. 26. Section 5072 of the Vehicle Code is amended to read:
5072. (a) Any person described in Section 5101 may also apply for
a set of "Have a Heart, Be a Star, Help Our Kids" license plates,
and the department shall issue those special license plates in lieu
of the regular license plates. The "Have a Heart, Be a Star, Help Our
Kids" plates shall be distinct from other existing license plates by
the inclusion of a well within the portion of the license plate that
has the alpha-numeric sequence. The well may be placed in any
position within that portion of the license plate. A heart shape, a
five-pointed star, a hand shape, a plus-sign shape, shall be
imprinted within the well itself. However, for purposes of processing
the alpha-numeric sequence, the symbol within the well shall be read
as a blank within the alpha-numeric sequence. The Department of
Motor Vehicles shall cooperate with representatives of the California
Highway Patrol and the Prison Industries Authority to design the
final shape and dimension of the symbols for these license plates.
(b) An applicant for a license plate described in subdivision (a)
may choose to either accept a license plate character sequence
assigned by the department that includes one of the four symbols or
request a specialized license plate character sequence determined by
the applicant that includes one of the four symbols, in accordance
with instructions which shall be provided by the department.
(c) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following "Have a Heart, Be a Star, Help Our Kids" license plate fees
shall be paid:
(1) Notwithstanding Section 5106, for those specialized license
plates whose character sequence is determined by the license owner or
applicant:
(A) Fifty dollars ($50) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.
(B) Forty dollars ($40) for each renewal of registration which
includes the continued display of the plates.
(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(D) Thirty-five dollars ($35) for replacement plates, if the
plates become damaged or unserviceable.
(2) For those specialized license plates whose character sequence
is assigned by the department:
(A) Twenty dollars ($20) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.
(B) The legally allowed fee for renewal plus fifteen dollars ($15)
for each renewal of registration, which includes the continued
display of the plates.
(C) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(D) Twenty dollars ($20) for replacement plates, if the plates
become damaged or unserviceable.
(d) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the "Have a
Heart, Be a Star, Help Our Kids" license plates upon sale, trade, or
other release of the vehicle upon which the plates have been
displayed, the person shall notify the department and the person may
retain the plates.
(e) The revenue
derived from the additional special fees provided in this section,
less costs incurred by the department, the Department of the
California Highway Patrol, and local law enforcement for developing
and administering this license plate program pursuant to this
section, shall be deposited in the Child Health and Safety Fund,
created pursuant to Chapter 4.6 (commencing with Section 18285) of
Part 6 of Division 9 of the Welfare and Institutions Code, and, when
appropriated by the Legislature shall be available for the purposes
specified in that chapter.
(f) It is the intent of the Legislature that the additional
special fees specified in subdivision (e) are not used to replace
existing appropriation levels in the 1991-92 Budget Act.
SEC. 27. Section 5101.7 of the Vehicle Code is amended to read:
5101.7. (a) Until December 31, 1984, any person described in
Section 5101 may also apply for a set of commemorative 1984 Olympic
reflectorized license plates and the department shall issue those
special license plates in lieu of the regular license plates. No
commemorative 1984 Olympic reflectorized license plates shall be
issued pursuant to an application therefor which is submitted on or
after January 1, 1985, but the holder of those plates may thereafter
renew or retain them, or transfer them to another vehicle, subject to
this article.
(b) Except as provided in this section, the issue, renewal,
cancellation, retention, and transfer of the commemorative 1984
Olympic reflectorized license plates shall be subject to the
provisions of this article as if they were environmental license
plates. Until December 31, 1989, duplicate, replacement plates shall
be identical commemorative 1984 Olympic reflectorized license plates
of the same letter, number, and design as originally issued. On and
after January 1, 1990, duplicate or replacement plates shall be
provided pursuant to this article.
(c) Notwithstanding the color, design, and number of digit
requirements of Section 5102, the department shall design the
commemorative 1984 Olympic reflectorized license plates, which shall
be reflectorized license plates issued pursuant to Section 4850. The
commemorative 1984 Olympic reflectorized license plates shall be of a
distinctive design, as determined by the department after
consultation with the Los Angeles Olympic Organizing Committee.
SEC. 28. Section 5106 of the Vehicle Code is amended to read:
5106. (a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of thirty-eight dollars ($38). An applicant
with a permanent trailer identification plate shall be charged an
annual fee of thirty-eight dollars ($38) for renewal of environmental
license plates. However, applicants for renewal of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty-eight
dollars ($38). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of thirty-eight
dollars ($38).
SEC. 29. Section 12517.1 of the Vehicle Code is amended to read:
12517.1. (a) A "schoolbus accident" means any of the following:
(1) A motor vehicle accident resulting in property damage in
excess of seven hundred fifty dollars ($750) or personal injury, on
public or private property, and involving a schoolbus, youth bus,
school pupil activity bus, or general public paratransit vehicle
transporting a pupil.
(2) A collision between a vehicle and a pupil or a schoolbus
driver while the pupil or driver is crossing the highway when the
schoolbus flashing red signal lamps are required to be operated
pursuant to Section 22112 or when the schoolbus is stopped for the
purpose of loading or unloading pupils.
(3) Injury of a pupil inside a vehicle described in paragraph (1)
as a result of acceleration, deceleration, or other movement of the
vehicle.
(b) The Department of the California Highway Patrol shall
investigate all schoolbus accidents, except that accidents involving
only property damage and occurring entirely on private property shall
be investigated only if they involve a violation of this code.
SEC. 30. Section 14606 of the Vehicle Code, as added by Section 7
of Chapter 670 of the Statutes of 2012, is amended to read:
14606. (a) A person shall not employ, hire, knowingly permit, or
authorize any person to drive a motor vehicle owned by him or her or
under his or her control upon the highways unless that person is
licensed for the appropriate class of vehicle to be driven.
(b) Whenever a person fails to qualify, on reexamination, to
operate a commercial motor vehicle, an employer shall report that
failure to the department within 10 days.
(c) An employer shall obtain from a driver required to have a
commercial driver's license or commercial endorsement a copy of the
driver's medical certification before allowing the driver to operate
a commercial motor vehicle. The employer shall retain the
certification as part of a driver qualification file.
(d) This section shall become operative on January 30, 2014.
SEC. 31. Section 42007 of the Vehicle Code is amended to read:
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Bail and Penalty Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. Where multiple offenses are charged in a single
notice to appear, the "total bail" is the amount applicable for the
greater of the qualifying offenses. However, the court may determine
a lesser fee under this subdivision upon a showing that the defendant
is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by a traffic violator school.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the fee
according to an installment agreement, the court may convert the fee
to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. For
drivers with a noncommercial driver's license, one conviction in any
18-month period will be held confidential and not show on your
driving record if you complete a traffic violator school program. For
drivers with a commercial driver's license, one conviction in any
18-month period will show on your driving record without a violation
point if you complete a traffic violator school program.
(e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
