Bill Text: CA AB1614 | 2009-2010 | Regular Session | Amended
Bill Title: Transportation.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2010-10-08 - Read third time. Urgency clause refused adoption. (Ayes 20. Noes 14. Page 5255.) [AB1614 Detail]
Download: California-2009-AB1614-Amended.html
BILL NUMBER: AB 1614 AMENDED
BILL TEXT
AMENDED IN SENATE OCTOBER 7, 2010
AMENDED IN ASSEMBLY APRIL 19, 2010
INTRODUCED BY Committee on Budget (Blumenfield (Chair))
JANUARY 11, 2010
An act relating to the Budget Act of 2010.
An act to amend Sections 8879.52, 8879.61, 8879.65, and 14556.7 of
the Government Code, to amend Sections 185024 and 185035 of, and to
add Section 185032.1 to, the Public Utilities Code, to amend Sections
167 and 2103 of, and to add Article 4.6 (commencing with Section
172) to Chapter 1 of Division 1 of, the Streets and Highways Code,
and to amend Sections 2413, 2814.1, and 12811 of, and to add Section
2814.2 to, the Vehicle Code, relating to transportation, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1614, as amended, Committee on Budget. Budget Act of
2010. Transportation.
(1) Existing law creates the California Transportation Commission,
with various duties and responsibilities relative to the programming
and allocation of funds for transportation capital projects.
Existing law requires the commission to submit, by December 15 of
each year, an annual report to the Legislature summarizing the
commission's prior year decisions in allocating transportation
capital funds and identifying timely and relevant transportation
issues facing the state. Existing law, the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006,
authorizes the issuance of $19.25 billion of general obligation bonds
for specified purposes, including $2 billion to be transferred to
the Trade Corridors Improvement Fund to be available, upon
appropriation in the annual Budget Act by the Legislature and subject
to such conditions and criteria as the Legislature may provide by
statute, for allocation by the commission. Existing law requires the
Department of Transportation to, on or before February 18, 2009,
report to specified committees of the Legislature a summary of any
memorandum of understanding or any other agreement executed between a
railroad company and any state or local transportation agency
relative to any project funded with moneys allocated from the Trade
Corridors Improvement Fund.
This bill would instead require the commission to provide that
report to specified committees of the Legislature within 30 days of
receiving such a memorandum of understanding or executed agreement.
The bill would also, commencing January 1, 2011, require the
commission to provide semiannual reports to those committees on the
status of all railroad projects programmed in the Trade Corridors
Improvement Fund program. The bill would make these reporting
requirements inoperative on January 1, 2015.
(2) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 also requires that $1,000,000,000 of bond
funds be deposited in the Transit System Safety, Security, and
Disaster Response Account, administered by the California Emergency
Management Agency (Cal EMA), for capital projects that provide
increased protection against a security and safety threat, and for
capital expenditures to increase the capacity of transit operators to
develop disaster response transportation systems, as specified.
Existing law requires 25% of available funds to be allocated to
certain regional public waterborne transit agencies. Existing law
requires entities receiving funds from that account to expend those
funds within 3 fiscal years of the fiscal year in which the funds
were allocated and requires that funds remaining unexpended after
those 3 years revert to Cal EMA for reallocation in subsequent fiscal
years.
This bill, notwithstanding these provisions, would provide that
entities receiving an allocation of the funds set aside for regional
public waterborne transit agencies, relative to allocations of funds
made prior to June 30, 2011, shall have 4 fiscal years from the last
day of the fiscal year in which the funds were received by that
entity to expend those funds.
(3) Existing law requires funds from the Local Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006 to
be made available to the Controller for allocation to cities,
counties, and a city and county, for purposes of the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006,
as specified. Upon receipt of funds, a city, county, or city and
county is required to expend those funds within 3 fiscal years from
the date that the funds are allocated to it by the Controller, and
any funds not expended within that period are required to be returned
to the Controller and reallocated to other cities, counties, or a
city and county, as specified.
Existing law establishes the Highway Users Tax Account in the
Transportation Tax Fund for various purposes, including the research,
planning, construction, improvement, maintenance, and operation of
public streets and highways, the research and planning for exclusive
public mass transit guideways, and the construction and improvement
of exclusive public mass transit guideways, as specified.
This bill would authorize a city, county, or city and county that
receives these funds in a fiscal year in which funds from the Highway
Users Tax Account are deferred, suspended, borrowed, or shifted, to
expend those funds within 4 fiscal years from the last date of the
fiscal year in which the funds are allocated to it by the Controller.
(4) Existing law authorizes the Department of Transportation to
transfer funds among 5 specified transportation funds or accounts as
short-term loans, subject to certain conditions and any terms and
conditions imposed by the Director of Finance. These provisions are
inoperative on July 1, 2011, and are repealed on January 1, 2012.
This bill would extend the inoperative and repeal dates of these
provisions to July 1, 2014, and January 1, 2015, respectively.
(5) Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed rail
system in the state, with specified powers and duties. Existing law
provides for appointment of an executive director by the authority,
who is exempt from civil service and serves at the pleasure of the
authority. Existing law requires the executive director to be paid a
salary established by the authority and approved by the Department of
Personnel Administration.
This bill, for purposes of managing and administering the ongoing
work of the authority in implementing the high-speed train project,
would authorize the Governor, upon the recommendation of the
executive director, to appoint up to 6 additional authority
employees, exempt from civil service, who would serve in specified
positions at the pleasure of the executive director. The bill would
require a salary survey to be conducted to determine the compensation
for the executive director and additional exempt employees, and
would require the salaries to be established by the authority and
approved by the Department of Personnel Administration.
(6) Existing law requires the High-Speed Rail Authority to
establish an independent peer review group for the purpose of
reviewing the authority's plans and issuing analyses of the authority'
s assumptions and the authority's funding plan for each corridor.
Existing law requires the peer review group to consist of persons
meeting specified requirements and to be designated by certain public
officers.
This bill would require the initial designations to the peer group
to be made by November 1, 2010. The bill would require the peer
review group to designate a chairperson and would require the
authority to designate a member of its staff to serve as a liaison to
the peer review group. The bill would require members of the peer
review group to receive specified per diem compensation and
reimbursement for travel expenses.
The bill would require the authority to provide a specified
progress report to the Legislature commencing March 1, 2011, and
biannually thereafter.
(7) Existing law provides that the Department of Transportation
has full possession and control of the state highway system. Existing
law creates various programs to fund transportation capital
improvement programs and provides for allocation of those funds.
Existing law requires the department to prepare an annual budget, as
specified for submission to the Governor.
This bill would require the department to submit specified
supplemental information by May 1 of each year to the Legislative
Analyst and to the appropriations committees to substantiate the
department's proposed capital outlay support budget.
(8) Existing law, the Outdoor Advertising Act, provides for the
regulation by the Department of Transportation of advertising
displays, as defined, within view of public highways.
This bill would enact the Transportation Revenue Partnership Act.
The bill would authorize the department, upon approval of the federal
Highway Administration, to enter into an agreement pursuant to a
competitive process for an experimental project to plan, develop,
finance, maintain, and operate a network of changeable message signs
within the rights-of-way of the state highway system, as specified.
The bill would authorize the department to allow the person with whom
it has entered into the agreement to place advertisements, meeting
certain standards established by the department, on the changeable
message signs when they are not being used by the department. The
bill would require revenues derived from the experimental project to
be allocated between the department and the person with whom the
department has entered into the agreement and would require those
revenues received by the department to be subject to appropriation by
the Legislature. The bill would authorize the department to adopt
guidelines and procedures relative to advertising on changeable
message signs. The bill would require the department to submit
specified reports to the fiscal and policy committees of the
Legislature having jurisdiction over transportation matters and would
prohibit an agreement from being entered into on or after January 1,
2014.
(9) Existing law requires specified revenues from an increase in
the gasoline excise tax, pursuant to Chapters 11 and 12 of the 8th
Extraordinary Session of the Statutes of 2010, to be used to
reimburse the General Fund for the amount needed for debt service on
specified general obligation transportation bonds, and in the 2010-11
fiscal year, after the reimbursement of the General Fund, requires
the sum of $54,167,000 per month to be held in the Highway Users Tax
Account for future appropriation by the Legislature.
This bill would instead require, in the 2010-11 fiscal year, after
the reimbursement of the General Fund for debt service on those
specified general obligation transportation bonds, the sum of
$63,470,000 per month to be held in the account for future
appropriation by the Legislature.
Existing law also provides for apportionment by the Controller of
a specified amount of gasoline excise tax revenues in the Highway
Users Tax Account to cities and counties for local street and road
purposes, including revenues from the increase in the gasoline excise
tax, pursuant to Chapters 11 and 12 of the 8th Extraordinary Session
of the Statutes of 2010. These revenues, including the revenues from
the increase in the gasoline excise tax, are not subject to
expenditure requirements and restrictions that were applicable to
revenues from the gasoline sales tax that was repealed by the
above-referenced legislation.
This bill would clarify that the revenues apportioned to cities
and counties from the increase in the gasoline excise tax may be used
for any local street and road purpose and are not subject to the
requirements and restrictions applicable to the former gasoline sales
tax revenues.
(10) Existing law designates the Commissioner of the California
Highway Patrol as the Statewide Vehicle Theft Investigation and
Apprehension Coordinator and authorizes the commissioner to establish
vehicle theft prevention, investigation, and apprehension programs
and to assist local, state, and federal law enforcement agencies in
combating vehicle theft.
Existing law requires the commissioner to submit a report to the
Legislature, no later than 90 days following the end of the fiscal
year, accounting for funds received and disbursed from the Motor
Vehicle Account for the purposes of preventing and enhancing
investigative efforts to deter economic automobile theft.
This bill would authorize the Department of the California Highway
Patrol to retain license plate data captured by a license plate
reader (LPR) for not more than 72 hours unless the data is being used
as evidence or for a legitimate law enforcement purpose. The bill
would prohibit the department from selling the data or from making
the data available to an agency that is not a law enforcement agency
or an individual that is not a law enforcement officer. The bill
would authorize the use of the data for purposes of locating vehicles
or persons reasonably suspected of being involved in the commission
of a public offense. The bill would require the department to monitor
internal use of the data to prevent unauthorized use and to submit
to the Legislature, as a part of the annual automobile theft report,
information on the department's LPR practices and usage.
(11) Existing law authorizes a city or a county to establish a
sobriety checkpoint program in highways under its jurisdiction to
check for violations of driving-under-the-influence (DUI) offenses
and authorizes the board of supervisors of a county to establish, by
ordinance, a combined vehicle inspection and sobriety checkpoint
program to check for violations of motor vehicle exhaust standards in
addition to DUI offenses.
Existing law authorizes a peace officer, whenever the peace
officer determines, among other things, that a person was driving a
vehicle (A) without ever having been issued a driver's license, to
immediately arrest that person and cause the removal and seizure of
his or her vehicle for an impoundment period of 30 days, or (B) if
the person is currently without a valid driver's license, to remove
the vehicle for a shorter period of time upon issuance of a notice to
appear if the registered owner or the registered owner's agent
presents a currently valid driver's license and proof of current
vehicle registration, or upon order of the court.
This bill would authorize the Department of the California Highway
Patrol, and a city, county, and city and county, by ordinance or
resolution, to establish a sobriety checkpoint program on highways
within their respective jurisdictions to identify drivers who are in
violation of specified DUI offenses. The bill would require that the
program be conducted by the local governmental agency or department
with the primary responsibility for traffic law enforcement.
The bill would, notwithstanding other provisions of law, require
that a peace officer or any other authorized person not cause the
impoundment of a vehicle at a sobriety checkpoint, established
pursuant to these provisions or any other law, unless at least one of
a number of specified conditions applies. The bill would delete the
county board of supervisors authority to conduct a combined vehicle
inspection and sobriety checkpoint program.
(12) Under existing law, when the Department of Motor Vehicles
determines that an applicant is lawfully entitled to a driver's
license, the department is required to issue that license to the
applicant. Existing law specifies the contents of a driver's license.
Existing law requires that the front of an application for an
original or renewal of a driver's license or identification card
contain a space for an applicant to give his or her consent to be an
organ and tissue donor upon death.
This bill would also require the front of an application for an
original or renewal of a driver's license or identification card to
contain a space for an applicant to indicate whether he or she has
served in the Armed Forces of the United States and to give his or
her consent to be contacted regarding eligibility to receive state or
federal veteran benefits. The bill would require the Department of
Motor Vehicles to electronically transmit to the Department of
Veterans Affairs specified information on an applicant who has
identified on his or her application for a driver's license or
identification card that he or she has served in the Armed Forces of
the United States and consents to being contacted about veterans
benefits.
(13) This bill would declare that it is to take effect immediately
as an urgency statute.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2010.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.52 of the
Government Code is amended to read:
8879.52. (a) The commission shall evaluate, consistent with the
commission's Trade Corridors Improvement Fund (TCIF) Guidelines,
adopted November 27, 2007, as part of the 2010 TCIF review, the total
potential costs and total potential economic and noneconomic
benefits of the program to California's economy, environment, and
public health. The commission shall consult with the State Air
Resources Board in order to utilize the appropriate models,
techniques, and methods to develop the evaluation required by this
subdivision.
(b) With respect to the two billion dollars ($2,000,000,000)
appropriated from the TCIF, as described in paragraph (1) of
subdivision (c) of Section 8879.23, and the five hundred million
dollars ($500,000,000) to be made available from the State Highway
Account, the following programming schedule shall apply:
(1) The Los Angeles/Inland Empire Corridor shall receive a minimum
of one billion five hundred million dollars ($1,500,000,000).
(2) The San Diego/International Border Corridor shall receive a
minimum of two hundred fifty million dollars ($250,000,000).
(3) The San Francisco Bay/Central Valley Corridor shall receive a
minimum of six hundred forty million dollars ($640,000,000).
(4) Other corridors, as determined by the commission, shall
receive a minimum of sixty million dollars ($60,000,000).
(c) The corridors referenced in subdivision (b) shall receive the
minimum amount of funding programmed for that corridor
notwithstanding the deprogramming of any project or projects in that
corridor by the commission. If a project is or projects are
deprogrammed, the commission shall collaborate with the local
transportation agencies in that corridor to select another project or
projects for programming of those funds within the minimum amount
provided to each corridor pursuant to subdivision (b).
(d) If the Colton Crossing project programmed in the commission's
TCIF Program as of April 10, 2008, does not meet the requirements or
delivery schedule contained in its project baseline agreement when
reviewed by the commission no later than March 2010, the project
shall be ineligible to receive an allocation from the TCIF. The
ninety-seven million dollars ($97,000,000) associated with the
project shall then be available for programming in the Los
Angeles/Inland Empire Corridor. In that event, the commission shall
collaborate with the local transportation agencies in that corridor
to select another project or projects for programming of those funds,
and, in making that selection, shall take into consideration the Los
Angeles/Inland Empire Corridor Tier One or Tier Two Project Lists
and any other project identified by the local agencies. Projects
currently receiving TCIF funding shall not be considered for
selection.
(e) On or before February 18, 2009, the department shall report to
the policy committees of each house of the Legislature with
jurisdiction over transportation matters, a summary of any memorandum
of understanding or any other agreement executed between a railroad
company and any state or local transportation agency as it relates to
any project funded with moneys allocated from the TCIF.
(e) (1) The commission shall report to the Assembly Committee on
Transportation, the Senate Committee on Transportation and Housing,
and the Senate and Assembly Committees on Budget and on
Appropriations a summary of any memorandum of understanding, along
with a copy of the memorandum, or any agreement executed between a
railroad company and any state or local transportation agency as it
relates to any project funded with moneys allocated from the TCIF
within 30 days of the commission's receipt of those documents.
(2) Commencing January 1, 2011, the commission shall provide
semiannual reports to the Assembly Committee on Transportation, the
Senate Committee on Transportation and Housing, and the Senate and
Assembly Committees on Budget and on Appropriations on the status of
all railroad projects programmed in the TCIF program.
(3) This subdivision shall become inoperative on January 1, 2015,
pursuant to Section 10231.5.
SEC. 2. Section 8879.61 of the
Government Code is amended to read:
8879.61. (a) (1) Entities described in
subdivisions (a), (b), and (c) of Section 8879.57 receiving an
allocation of funds pursuant to this article shall expend those funds
within three fiscal years of the fiscal year in which the funds were
allocated. Funds remaining unexpended thereafter shall revert to
OHS or OES, as applicable, the California
Emergency Management Agency (Cal EMA) for reallocation
under this article in subsequent fiscal years.
(2) Notwithstanding paragraph (1), for an allocation of funds made
prior to June 30, 2011, to an entity described in subdivision (b) of
Section 8879.57, that entity shall have four fiscal years from the
last day of the fiscal year in which the funds were received by that
entity to expend those funds.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) On or before May 1 of each year, OHS and OES
Cal EMA shall report to the Legislature on
their its activities under this
article. The report shall include a summary of the projects selected
for funding during the fiscal year in which awards were made, as well
as the status of projects selected for funding in prior fiscal
years.
(d) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
SEC. 3. Section 8879.65 of the
Government Code is amended to read:
8879.65. (a) Funds appropriated from the Local Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006,
established by subdivision (l) of Section 8879.23, shall be made
available to the Controller for allocation to cities, counties, and a
city and county. From bond funds appropriated in the 2007-08 fiscal
year for cities, including a city and county, each city, and city and
county, shall receive at least a minimum allocation of four hundred
thousand dollars ($400,000), as described in subparagraph (B) of
paragraph (1) of subdivision (l) of Section 8879.23. The remainder of
the funds appropriated for cities, including a city and county,
shall be allocated in the proportion described in subparagraph (B) of
paragraph (1) of subdivision (l) of Section 8879.23. In no case
shall a city, or a city and county, receive an allocation in excess
of its total share, as described in subdivision (l) of Section
8879.23, except as described in subdivision (d).
(b) Prior to receiving an allocation of funds from the Controller
in a fiscal year, an eligible local agency shall submit to the
Department of Finance a list of projects expected to be funded with
bond funds pursuant to an adopted city, county, or city and county
budget. All projects proposed to be funded with funds from the
account shall be included in a city, county, or city and county
budget that is adopted by the applicable city council or board of
supervisors at a regular public meeting. The list of projects
expected to be funded with bond funds shall include a description and
the location of the proposed project, a proposed schedule for the
project's completion, and the estimated useful life of the
improvement. The project list shall not limit the flexibility of an
eligible local agency to fund projects in accordance with local needs
and priorities so long as the projects are consistent with
subparagraph (B) of paragraph (1) of subdivision (l) of Section
8879.23.
(1) The Department of Finance shall report monthly to the
Controller the eligible local agencies that have submitted a list of
projects as described in this subdivision.
(2) Upon receipt of the information described in paragraph (1),
the Controller shall allocate funds to those agencies that have
submitted a list of projects, as reported by the Department of
Finance.
(c) Each fiscal year upon expending funds from the account, a
city, county, or city and county shall submit documentation to the
Department of Finance which includes a description and location of
each completed project, the amount of funds expended on the project,
the completion date, and the project's estimated useful life. The
documentation shall be forwarded to the department, in a manner and
form approved by the department, at the end of each fiscal year until
the funds in the account are exhausted. The department may post the
information contained in the documentation on the department's
official Web site.
(d) (1) A city, county, or city and county
receiving funds pursuant to this section shall have three fiscal
years to expend the funds following the fiscal year in which the
allocation was made by the Controller, and any funds not expended
within that period shall be returned to the Controller and be
reallocated to other cities, counties, or a city and county, as
applicable, pursuant to the allocation formulas set forth in
subparagraph (A) or (B) of paragraph (1) of subdivision (l) of
Section 8879.23, but excluding the requirement for a minimum city
allocation as described in subparagraph (B) of paragraph (1) of that
subdivision and section.
(2) Notwithstanding paragraph (1), a city, county, or city and
county receiving funds pursuant to this section, during any fiscal
year in which funds from the Highway Users Tax Account are deferred,
suspended, borrowed, or shifted, shall have four fiscal years from
the last date of the fiscal year in which the funds are allocated to
it by the Controller to expend the funds.
(e) Subject to the requirements and conditions of this section, it
is the intent of the Legislature to appropriate funds from the
account so that the Controller may allocate the balance of these
funds to eligible local agencies over the next four years, following
the 2007-08 fiscal year. Nothing in this section shall prevent the
Legislature from appropriating funds on a more expedited basis based
on local agency need.
(f) The sum of three hundred fifty million dollars ($350,000,000)
is hereby appropriated from funds in the Local Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006
created pursuant to subdivision (l) of Section 8879.23, for
allocation pursuant to this article, as an augmentation to the amount
appropriated in Item 9350-104-6065 of the Budget Act of 2007. The
total 2007-08 fiscal year appropriation of nine hundred fifty million
dollars ($950,000,000) shall be allocated as follows: four hundred
million dollars ($400,000,000) to counties and five hundred fifty
million dollars ($550,000,000) to cities.
(g) Notwithstanding the provisions of Item 9350-104-6065 of the
Budget Act of 2008, a city or city and county that receives any
portion of the funds appropriated by that item shall agree to
encumber the funds before July 1, 2010.
SEC. 4. Section 14556.7 of the
Government Code is amended to read:
14556.7. (a) To provide adequate cash for projects, including,
but not limited to, projects in the State Transportation Improvement
Program, the State Highway Operation and Protection Program, and the
Traffic Congestion Relief Program, and for the support of the
department, the department may transfer funds as short-term loans
among and between the State Highway Account in the State
Transportation Fund, the Transportation Investment Fund in the State
Treasury, the Transportation Deferred Investment Fund, the Public
Transportation Account in the State Transportation Fund and the
Traffic Congestion Relief Fund (TCRF), subject to those terms and
conditions that the Director of Finance may impose upon those
transfers. When loan balances authorized in this subdivision are
outstanding, the Director of Transportation shall report the amounts
of loans outstanding with respect to each fund or account as of the
last business day of each quarter to the commission. The commission
shall monitor the cash-flow loan program authorized in this section
and shall provide guidance to the department to ensure that
sufficient resources will be available for all projects and all other
authorized expenditures from each fund or account so as to not delay
any authorized expenditure.
(b) For the purposes of this section, a "short-term loan" is a
transfer that is made subject to the following conditions:
(1) That any amount loaned is to be repaid in full to the fund or
account from which it was loaned during the same fiscal year in which
the loan was made, except that repayment may be delayed until a date
not more than 30 days after the date of enactment of the annual
Budget Act for the subsequent fiscal year.
(2) That loans shall be repaid whenever the funds are needed to
meet cash expenditure needs in the loaning fund or account.
(c) This section shall become inoperative on July 1, 2011
2014 , and, as of January 1, 2012
2 015 , is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2012 2015 , deletes or extends the
dates on which it becomes inoperative and is repealed.
SEC. 5. Section 185024 of the Public
Utilities Code is amended to read:
185024. (a) The authority shall appoint an executive director,
exempt from civil service, who shall serve at the pleasure
of the authority, to administer the affairs of the authority as
directed by the authority.
(b) The executive director is exempt from civil service
and shall be paid a salary established by the authority and approved
by the Department of Personnel Administration. For
purposes of managing and administering the ongoing work of the
authority in implementing the high-speed train project, the Governor,
upon the recommendation of the executive director, may
appoint up to six additional employees, exempt from civil service,
who shall serve at the pleasure of the executive director. Pursuant
to this subdivision, the Governor may appoint employees only for the
following positions:
(1) Chief program manager.
(2) Regional director.
(3) Chief financial officer.
(4) Director of risk management and project controls.
(c) The compensation of the executive director and the additional
employees authorized by subdivision (b) shall be established by the
authority, and approved by the Department of Personnel
Administration, in an amount that is reasonably necessary, in the
discretion of the authority, to attract and hold a person of superior
qualifications. The authority shall cause to be conducted, through
the use of independent outside advisers, a salary survey to determine
the compensation for the positions under this subdivision. The
Department of Personnel Administration may, in its discretion, accept
a previously completed salary survey that meets the requirements of
this subdivision, and shall review the methodology used in the
survey. The salary survey shall consider both of the following:
(1) Other state, regional, and local transportation agencies that
are most comparable to the authority and its responsibilities.
(2) Other relevant labor pools.
The compensation set by the authority shall not exceed the highest
comparable compensation for a position of that type, as determined
by the salary survey. Based on the salary survey, these positions
shall be paid a salary established by the authority and approved by
the Department of Personnel Administration.
(c)
(d) The executive director may, as authorized by the
authority, appoint necessary staff to carry out the provisions of
this part.
SEC. 6. Section 185032.1 is added to the
Public Utilities Code , to read:
185032.1. (a) Commencing March 1, 2011, and biannually
thereafter, the authority shall provide a report to the Senate
Committee on Transportation and Housing, the Assembly Committee on
Transportation, the Senate Committee on Budget and Fiscal Review, and
the Assembly Committee on Budget for the development and
implementation of intercity high-speed rail service pursuant to
Section 185030.
(b) The report, at a minimum, shall include a programwide summary,
as well as details by project segment, with all information
necessary to clearly describe the status of the project, including,
but not limited to, all of the following:
(1) A summary describing the overall progress of the project.
(2) The baseline budget for all project phase costs, by segment or
contract, beginning with the 2009 business plan.
(3) The current and projected budget, by segment or contract, for
all project phase costs.
(4) Expenditures to date, by segment or contract, for all project
phase costs.
(5) A comparison of the current and projected work schedule and
the baseline schedule contained in the 2009 business plan.
(6) A summary of milestones achieved during the prior year and
milestones expected to be reached in the coming year.
(7) Any issues identified during the prior year and actions taken
to address those issues.
(8) A thorough discussion of various risks to the project and
steps taken to mitigate those risks.
SEC. 7. Section 185035 of the Public
Utilities Code is amended to read:
185035. (a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning, engineering,
financing, and other elements of the authority's plans and issuing an
analysis of appropriateness and accuracy of the authority's
assumptions and an analysis of the viability of the authority's
financing plan, including the funding plan for each corridor required
pursuant to subdivision (b) of Section 2704.08 of the Streets and
Highways Code.
(b) The peer review group shall include all of the following:
(1) Two individuals with experience in the construction or
operation of high-speed trains in Europe, Asia, or both, designated
by the Treasurer.
(2) Two individuals, one with experience in engineering and
construction of high-speed trains and one with experience in project
finance, designated by the Controller.
(3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or subcontractor
of the authority for the previous three years, designated by the
Director of Finance.
(4) One representative with experience in environmental planning,
designated by the Secretary of Business, Transportation and Housing.
(5) Two expert representatives from agencies providing intercity
or commuter passenger train services in California, designated by the
Secretary of Business, Transportation and Housing.
(c) (1) The initial designations to the peer review group
described in subdivision (b) shall be made by November 1, 2010.
(2) The peer review group shall designate a chairperson.
(3) The authority shall designate a specific member of its staff
to serve as a liaison to the peer review group.
(d) (1) Each member of the peer review group shall receive
compensation of one hundred dollars ($100) for each day that the
member is attending to the business of the peer review group, but
shall not receive more than five hundred dollars ($500) in any
calendar month.
(2) Members of the peer review group shall be reimbursed for their
actual travel expenses incurred in attending to the business of the
peer review group.
(c)
(e) The peer review group shall evaluate the authority'
s funding plans and prepare its independent judgment as to the
feasibility and reasonableness of the plans, appropriateness of
assumptions, analyses, and estimates, and any other observations or
evaluations it deems necessary.
(d)
(f) The authority shall provide the peer review group
any and all information that the peer review group may request to
carry out its responsibilities.
(e)
(g) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.
SEC. 8. Section 167 of the Streets and
Highways Code is amended to read:
167. (a) Funds in the State Highway Account in the State
Transportation Fund shall be programmed, budgeted subject to Section
163, and expended to maximize the use of federal funds and shall be
based on the following sequence of priorities:
(1) Operation, maintenance, and rehabilitation of the state
highway system.
(2) Safety improvements where physical changes, other than adding
additional lanes, would reduce fatalities and the number and severity
of injuries.
(3) Transportation capital improvements that expand capacity or
reduce congestion, or do both.
(4) Environmental enhancement and mitigation programs.
(b) With respect to the funds in the State Highway Account, in the
Public Transportation Account, and in the Passenger Rail Bond Fund,
the proposed budget shall be organized on a program basis. The
proposed budget shall list the proposed expenditures for the
transportation program under the following program elements:
(1) Administration.
(2) Program development.
(3) Maintenance.
(4) State highway operation and protection.
(5) Local assistance.
(6) Interregional improvements.
(7) Regional improvements.
(8) Environmental enhancement and mitigation programs.
(c) State operations expenditure amounts of the department for
interregional and regional transportation improvement projects shall
be listed as required by subdivision (b) of Section 14529 of the
Government Code, but those amounts other than those for the
acquisition of rights-of-way and construction shall not be subject to
allocation by the commission.
(d) To align the annual budget with the adopted state
transportation improvement program, the department may submit to the
Department of Finance revised capital outlay support and capital
outlay budget estimates as part of its May revision process.
Budget proposals related to these changes shall be provided to the
Legislature no later than May 1.
(e) The budget shall not include specific appropriations for
specific transportation improvement projects, and the Legislature
shall not enact legislation containing specific individual
transportation projects.
(f) The basis for defining major and minor capital outlay projects
shall be established by the commission.
(g) The Legislative Analyst shall prepare an analysis of the
proposed expenditures for each program element as a part of the
budget analysis.
(h) The department shall submit to the Legislative Analyst and the
Appropriations Committees of the Senate and Assembly, on an annual
basis, supplemental information to substantiate the department's
proposed capital outlay support budget. The information shall be
provided no later than May 1 of each year, and may be provided at an
earlier date. The information shall include, but not be limited to,
the following:
(1) A list of projects for which the department will perform
capital outlay support work in the budget year. For each project, the
department shall include:
(A) The planned project support budget for support of
environmental, design, right-of-way, and construction phases.
(B) The planned capital costs, including construction capital
costs and right-of-way capital costs.
(C) The estimated or actual construction start date.
(D) The name and year of the state transportation program in which
the project is programmed, if applicable.
(E) Total prior fiscal year expenditures for capital outlay
support.
(F) The number of full-time equivalent positions requested to
perform support of environmental, design, right-of-way, and
construction support work in the fiscal year of the budget request.
(G) Milestones of project work by phases that are planned to be
completed in the fiscal year of the budget request.
(2) The capital-to-support ratio for all projects completed in the
prior fiscal year in each program in each district.
(3) The current total number of authorized and vacant positions in
the capital outlay support program in headquarters and in each
district.
(4) A five-year projection of the department's staffing needs to
support the state's transportation capital programs and any workload
performed by the department related to federal or local funding for
highway capital projects.
(5) The average cost of a personnel-year equivalent in each
district based on the department's existing contracts for capital
outlay support work performed by a private company under contract
with the department. For each average cost, the department shall
provide a description of what factors are included in that cost.
(6) The average cost of a state staff personnel-year in the
capital outlay support program in each district and in headquarters.
The cost shall include the salary and wages, benefits, program
overhead, and administrative and other costs. The department shall
provide a description of each component of the average cost.
SEC. 9.
Article 4.6 (commencing with Section 172) is added to
Chapter 1 of Division 1 of the Streets and Highways Code
, to read:
Article 4.6. Transportation Revenue Partnership Act
172. This article shall be known and may be cited as the
Transportation Revenue Partnership Act.
172.1. The Legislature finds and declares all of the following:
(a) A network of changeable message signs may provide one source
of additional transportation funding. The department's current
network of changeable message signs has proven to be an effective way
to inform road users of critical safety and transportation-related
conditions and of other important information and to protect the safe
and efficient utilization of the highways.
(b) Changeable message signs have played a critical role in the
success of California's Emergency Alert System, initiated by Assembly
Bill 415 in 2002 (Chapter 517, Statutes of 2002). The current
network of changeable message signs operated by the department, in
coordination with the Department of the California Highway Patrol
(CHP) and the Office of Traffic Safety, has helped keep our children
and families safer by bringing public resources and private citizens
together to help save lives during emergencies.
(c) Recent advances in technology have made it possible to create
a more reliable network of changeable message signs that combine text
with graphics in order to rapidly and clearly communicate important
information to the users of California's highways more safely and
effectively than the current network of changeable message signs.
This advanced technology could improve the effectiveness and
reliability of the network of changeable message signs, thereby
enhancing the health, safety, and welfare of the people of
California.
(d) Private sponsors and advertisers could provide additional
transportation funding in return for the right to place
advertisements on the changeable message signs in a manner that does
not detract from their system management function.
(e) All changeable message signs on state highway rights-of-way
shall be placed or upgraded in accordance with department guidelines
for orientation toward motorists on the traveled way and minimal
impact outside of those rights-of-way, and the department shall
retain the right to determine whether a location will negatively
impact a residential area or community.
(f) The authority to use changeable message signs for commercial
advertising shall require that the advertising and department
messaging, when displayed in combination, is safe and does not create
an unsafe distraction to motorists, and will require either a waiver
from the Federal Highway Administration or a change in federal law.
172.2. For purposes of this article, the following definitions
shall apply:
(a) "Agreement" means a legally enforceable agreement regarding
changeable message signs or the network of changeable message signs,
including, but not limited to, a lease, highway improvement
agreement, easement, encroachment permit, or operation and
maintenance agreement.
(b) "Best value" means a value determined by objective criteria
that may include, but is not limited to, features, experience,
functions, life cycle costs, price, and other criteria deemed
appropriate by the department.
(c) "Changeable message sign" means a department-owned sign that
is designed to display various messages that benefit the public, such
as traffic information or advertising, by mechanical or electronic
means, including, but not limited to, light emitting diode (LED) and
liquid crystal display (LCD) technology.
(d) "Department" means the Department of Transportation.
(e) "Existing camera" means a camera located on a changeable
message sign on January 1, 2010.
(f) "Experimental project" means an agreement with a person to
study, plan, design, construct, reconstruct, develop, finance,
maintain, rebuild, improve, repair, lease, or operate a state-of-the
art, full-color network of changeable message signs within the
rights-of-way of the state highway system.
(g) "Network" means the integrated network of enhanced changeable
message signs. The network shall include upgraded changeable message
signs at existing sign locations, and new changeable message signs at
any additional locations as determined by the department.
(h) "Person" means an individual, partnership, limited
partnership, trust, estate, association, corporation, limited
liability company, or other public or private entity.
172.3. (a) Notwithstanding any provision of law, and upon
approval of the Federal Highway Administration by the grant of a
waiver or a change in federal law authorizing the department to do
so, the department may enter into an agreement to conduct an
experimental project to utilize changeable message signs within the
state highway right-of-way in a manner to best effectuate the
purposes of this article. The department may issue requests for
proposals and develop tentative agreements before federal approval is
obtained. The department may provide services for which it is
reimbursed with respect to preliminary design, inspection, and
oversight of the experimental project.
(b) The agreement described in subdivision (a) shall do all of the
following:
(1) Provide for construction or reconstruction, operation, and
maintenance of the network of changeable message signs for an initial
period that shall not exceed 20 years.
(2) Provide for complete reversion of the privately constructed,
improved, operated, and maintained changeable message signs to the
department at the expiration of the agreement at no charge to the
department and free and clear of any encumbrances.
(3) Specify that the department shall retain ownership of the
changeable message signs, notwithstanding any improvement or
enhancement to the changeable message signs.
(4) Provide that emergency notifications and traveler information
shall have priority over advertising.
(5) Provide that the department, in consultation with the
Department of the California Highway Patrol, shall retain the ability
to make a determination on the safety of the changeable message
signs, and may take those actions deemed necessary to protect public
safety.
(6) Require the person to indemnify, defend, and hold harmless,
the department for any injury or damage in connection with the
advertising on changeable message signs.
(c) Advertising revenue derived from the experimental project
shall be allocated between the person selected and the department in
accordance with the agreement as provided in subdivision (a) of
Section 172.4. Advertising revenue derived from the experimental
project and received by the department shall be subject to
appropriation by the Legislature.
(d) The department shall have full responsibility and liability
for the operation and maintenance of all existing cameras.
(e) The changeable message signs on state highway rights-of-way
shall meet the design, construction, and operating requirements in
the department's standards and guidelines, including, but not limited
to, controls, such as state-of-the-art sensors that control the
brightness of the display based on the surrounding ambient light
levels and other technologies muting adjacent glare, that focus the
zone of vision toward motorists on the traveled way and to prevent
neighborhood impacts in the vicinity of the changeable message signs.
(f) The department, in consultation with the Department of the
California Highway Patrol, shall retain the ultimate right to
determine whether the location of an existing changeable message sign
or proposed location for the placement of a new changeable message
sign will negatively impact a residential area or community. If the
department determines that the location of a changeable message sign
will have a negative impact, the department may, in its discretion,
either place additional requirements on its placement or not allow
its placement.
172.4. (a) The department may enter into an agreement, as
described in Section 172.3, with any person to place advertisements
on changeable message signs, to receive funds for commercial
advertising messages on those changeable message signs, except during
times and to the extent that they are in use by the department, and
to share revenues generated in connection with their use for
commercial advertising in furtherance of the public interest.
(b) The network of changeable message signs shall, during the term
of the experimental project, be deemed to be part of the state
highway system for purposes of identification and enforcement of
traffic laws, and the purposes of Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code.
172.5. (a) Advertising on changeable message signs shall be in
the form and under those conditions as may be determined by the
department and as may be set forth in guidelines and procedures to be
developed and adopted by the department, and shall not interfere
with any traveler-information or emergency notification message
function of the network of changeable message signs. All changeable
message signs subject to this article shall be exempt from Section
5408 of the Business and Professions Code and from any and all
regulations promulgated in connection with Section 5408 of the
Business and Professions Code.
(b) The experimental nature of the program established by this
article may require frequent modifications to the guidelines and
procedures. The department shall not be required to adopt regulations
to effectuate each modification to the guidelines and procedures.
The department shall post modifications to the guidelines and
procedures on the department's Internet Web site and distribute
directly to any person requesting to be notified of those
modifications at least 30 days prior to the effective date of the
modifications to the guidelines and procedures.
172.6. The department shall not enter into an agreement with any
person that would cause or permit any changeable message sign to
display or advertise tobacco, firearms, or sexually explicit
material. The department shall adopt policies and guidelines in
connection with the content of the advertising.
172.7. The department may use the changeable message signs for
emergency notification, traveler information, and motorist safety and
awareness campaigns without providing compensation to the person
with whom it enters into an agreement pursuant to this article.
172.8. When choosing the person with which to partner pursuant to
Section 172.3 to effectuate the purposes of this article, the
department shall select, pursuant to a competitive process, the
person that the department determines will provide the best value.
The competitive process shall require the bidders to provide a
technical proposal, which shall identify the proposed improvements to
the changeable message sign network with a cost and revenue
proposal. The department's selection criteria shall include the
demonstrated competence, experience, and qualifications of the
potential person to design, construct, operate, and maintain the
changeable message sign network; the potential person's demonstrated
competence and capacity to integrate changeable message signs into an
efficient network and to maintain and operate the necessary
equipment to manage the network and related software systems; cost
and revenue projections based on advertising revenue; and any other
criteria as the department, in its sole discretion, may determine to
consider. The department may retain a consultant or advisor to assist
in preparing the best value criteria, selection of a person, and
oversight of the program, provided that the consultant or advisor may
not bid on the experimental project or work as an employee,
consultant, or advisor to any person or persons seeking to bid on the
experimental project.
172.9. (a) At least 30 days prior to executing an agreement
pursuant to Section 172.3, the department shall submit the agreement
to the appropriate fiscal and policy committees of the Legislature.
(b) No later than one year after execution of an agreement
pursuant to Section 172.3, and every two years thereafter until the
completion of the experimental project, the department shall submit a
report to the fiscal and policy committees of the Legislature with
jurisdiction over transportation matters. The report shall include,
but not be limited to, all of the following:
(1) The status of implementation of the agreement, including the
number of signs placed and the locations of the signs placed.
(2) The amount of revenue received and the costs incurred by the
department from the experimental project, including costs incurred
prior to the time the department entered into an agreement.
(3) An assessment of the effect the experimental project has had
on public safety, emergency notification, traveler information, and
motorist safety and awareness campaigns.
(4) A list of the types of advertising placed on the signs.
172.10. No agreement shall be entered into pursuant to this
article on or after January 1, 2014.
SEC. 10. Section 2103 of the Streets
and Highways Code is amended to read:
2103. (a) Of the net revenues deposited to the credit of the
Highway Users Tax Account that are derived from the increases in the
rates of taxes that are imposed pursuant to subdivision (b) of
Section 7360 and Section 7361.1 of the Revenue and Taxation Code, all
of the following shall occur on a monthly basis:
(1) (A) By the 15th day of every month, the Treasurer's office, in
consultation with the Department of Finance, shall notify the
Controller of the amount of debt service that will be paid on each
transportation bond during that month.
(B) Within two business days following the 28th day of each month,
the Controller shall transfer to the Transportation Debt Service
Fund an amount equal to the amount of monthly debt service paid by
the General Fund on any bonds issued pursuant to the Seismic Retrofit
Bond Act of 1996 (Chapter 12.48 (commencing with Section 8879) of
Division 1 of Title 2 of the Government Code) or any other highway
bonds, and three-quarters of the amount of monthly debt service paid
on any bonds issued pursuant to the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter
12.49 (commencing with Section 8879.20) of Division 1 of Title 2) for
reimbursement of the General Fund for these costs. If revenues
available pursuant to this subdivision in any given month are
insufficient to fully reimburse the General Fund for the debt service
payments made, the first revenues available pursuant to this
subdivision in the following month or months shall be transferred to
the Transportation Debt Service Fund so that all debt service
payments made on these bonds from the General Fund in a given fiscal
year are fully reimbursed.
(2) In the 2010-11 fiscal year, after the monthly transfer made
pursuant to paragraph (1), the sum of fifty-four million one
hundred sixty-seven thousand dollars ($54,167,000)
sixty-three million four hundred seventy thousand dollars
($63,470,000) per month shall be held in the account for future
appropriation by the Legislature.
(3) The Controller shall transfer any remaining net revenues
subject to this subdivision as follows:
(A) Forty-four percent shall be transferred to the State Highway
Account to fund projects in the State Transportation Improvement
Program that are consistent with Section 1 of Article XIX of the
California Constitution, except in the 2010-11 fiscal year, 50
percent shall be transferred for purposes of this subparagraph.
(B) Twelve percent shall be transferred to the State Highway
Account to fund projects in the State Highway Operation and
Protection Program, except in the 2010-11 fiscal year, no revenues
shall be transferred for purposes of this subparagraph.
(C) Forty-four percent shall be apportioned by the Controller for
local street and road purposes, except in the 2010-11 fiscal year, 50
percent shall be transferred for purposes of this subparagraph as
follows:
(i) Fifty percent shall be apportioned by the Controller to
cities, including a city and county, in the proportion that the total
population of the city bears to the total population of all the
cities in the state.
(ii) Fifty percent shall be apportioned by the Controller to
counties, including a city and county, in accordance with the
following formulas:
(I) Seventy-five percent shall be apportioned among the counties
in the proportion that the number of fee-paid and exempt vehicles
that are registered in the county bear to the number of fee-paid and
exempt vehicles registered in the state.
(II) Twenty-five percent shall be apportioned among the counties
in the proportion that the number of miles of maintained county roads
in each county bear to the total number of miles of maintained
county roads in the state. For the purposes of apportioning funds
under this subparagraph, any roads within the boundaries of a city
and county that are not state highways shall be deemed to be county
roads.
(b) After the transfers or other actions pursuant to subdivision
(a), at least 90 percent of the balance deposited to the credit of
the Highway Users Tax Account in the Transportation Tax Fund by the
28th day of each month shall be apportioned or transferred, as
applicable, by the Controller by the second working day thereafter,
except for June, in which case the apportionment or transfer shall be
made the same day. These apportionments or transfers shall be made
as provided for in Sections 2104 to 2122, inclusive. If information
is not available to make the apportionment or transfer as required,
the apportionment or transfer shall be made on the basis of the
information of the previous month. Amounts not apportioned or
transferred shall be included in the apportionment or transfer of the
subsequent month.
(c) Notwithstanding any other law to the contrary, the funds
apportioned by the Controller to cities and counties pursuant to
subparagraph (C) of paragraph (3) of subdivision (a) are not subject
to Section 7104 or 7104.2 of the Revenue and Taxation Code. These
funds may be expended for any street and road purpose consistent with
the requirements of this chapter.
SEC. 11. Section 2413 of the Vehicle
Code is amended to read:
2413. (a) The Commissioner of the
California Highway Patrol is designated as the Statewide Vehicle
Theft Investigation and Apprehension Coordinator. The commissioner
may establish vehicle theft prevention, investigation, and
apprehension programs. The commissioner may assist local, state, and
federal law enforcement agencies by coordinating multijurisdictional
vehicle theft investigations and may establish programs to improve
the ability of law enforcement to combat vehicle theft.
(b) The Department of the California Highway Patrol may retain
license plate data captured by a license plate reader (LPR) for no
more than 72 hours, except in circumstances when the data is being
used as evidence or for legitimate law enforcement purposes.
(c) The Department of the California Highway Patrol shall not sell
LPR data for any purpose and shall not make the data available to an
agency that is not a law enforcement agency or an individual who is
not a law enforcement officer. The data may only be used by a law
enforcement agency for purposes of locating vehicles or persons when
either are reasonably suspected of being involved in the commission
of a public offense.
(d) The Department of the California Highway Patrol shall monitor
internal use of the LPR data to prevent unauthorized use.
(e) The Department of the California Highway Patrol shall, as a
part of the annual automobile theft report submitted to the
Legislature pursuant to subdivision (b) of Section 10901, report the
LPR practices and usage, including the number of LPR data
disclosures, a record of the agencies to which data was disclosed and
for what purpose, and any changes in policy that affect privacy
concerns.
SEC. 12. Section 2814.1 of the Vehicle
Code is amended to read:
2814.1. (a) A board of supervisors of a county may, by ordinance,
establish, on highways under its jurisdiction, a combined
vehicle inspection and sobriety
checkpoint program to check for violations of Sections 27153 and
27153.5 and to identify drivers who are in violation of
Section 23140 or 23152 . The program shall be conducted by
the local agency or department with the primary responsibility for
traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
(c) A county that elects to conduct the combined
program described under subdivision (a) may fund that
program through fine proceeds deposited with the county under Section
1463.15 of the Penal Code.
SEC. 13. Section 2814.2 is added to the
Vehicle Code , to read:
2814.2. (a) The Department of the California Highway Patrol may,
and the governing body of a city, county, or city and county may
adopt an ordinance or resolution to, establish, on highways under its
jurisdiction, a sobriety checkpoint program to identify drivers who
are in violation of Section 23140 or 23152. The program shall be
conducted by the local governmental agency or department with the
primary responsibility for traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
(c) Notwithstanding Section 14602.6, Section 14607.6, or
subdivision (p) of Section 22651, a peace officer or any other
authorized person shall not cause the impoundment of a vehicle at a
sobriety checkpoint established pursuant to this section or any other
law, unless at least one of the following applies:
(1) The driver of the vehicle is suspected of driving in violation
of Section 14601, 14601.2, 14601.3, 14601.5, 23140, or 23152.
(2) The vehicle is subject to impoundment pursuant to Section
14602.7.
(3) There is probable cause to believe that the vehicle was used
as the means of committing a public offense, other than a violation
of Section 12500 or 14604.
(4) There is probable cause to believe that the vehicle is itself
evidence that tends to show that a crime has been committed or that
the vehicle contains evidence, that cannot readily be removed, that
tends to show that a crime has been committed, other than a violation
of Section 12500 or 14604.
(5) The driver of the vehicle is not driving with a valid driver's
license and none of the following apply:
(A) The driver is able to obtain a validly licensed driver to
drive the vehicle.
(B) (i) Notwithstanding Sections 12500 and 16020, the driver is
able to park or remove the vehicle in a manner that does not impede
traffic or threaten public safety until a validly licensed driver can
retrieve the car.
(ii) The state or local governmental agency that established or
conducted the checkpoint pursuant to subdivision (a) shall not be
liable for any claims related to the parking or removal of the
vehicle as described in subparagraph (i).
(C) A peace officer, or a similarly authorized traffic enforcement
officer, is able to readily and lawfully remove the vehicle to a
place that does not impede traffic or threaten public safety.
(d) This section does not authorize a combined sobriety checkpoint
and vehicle inspection program.
SEC. 14. Section 12811 of the Vehicle
Code is amended to read:
12811. (a) (1) (A) When the department determines that the
applicant is lawfully entitled to a license, it shall issue to the
person a driver's license as applied for. The license shall state the
class of license for which the licensee has qualified and shall
contain the distinguishing number assigned to the applicant, the date
of expiration, the
true full name, age, and mailing address of the licensee, a brief
description and engraved picture or photograph of the licensee for
the purpose of identification, and space for the signature of the
licensee.
(B) Each license shall also contain a space for the endorsement of
a record of each suspension or revocation thereof
of the license .
(C) The department shall use whatever process or processes, in the
issuance of engraved or colored licenses, that prohibit, as near as
possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.
(2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
"provisional until age 18."
(b) (1) The front of an application for an original or renewal of
a driver's license or identification card shall contain a space for
an applicant to give his or her consent to be an organ and tissue
donor upon death. An applicant who gives consent shall be directed to
read a statement on the back of the application that shall contain
the following statement:
"If you marked on the front of the application that you want to be
an organ and tissue donor upon death, your consent shall serve as a
legally binding document as outlined under the California Uniform
Anatomical Gift Act. Except in the case where the donor is under the
age of 18, the donation does not require the consent of any other
person. For donors under the age of 18, the legal guardian of the
donor shall make the final decision regarding the donation. If you
want to change your decision to consent in the future, or if you want
to limit the donation to specific organs, tissues, or research, you
must contact Donate Life California by mail at 1760 Creekside Oaks
Drive, #220, Sacramento, CA 95833, or online at
www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org."
(2) Notwithstanding any other provision of law, a person under age
18 may register as a donor. However, the legal guardian of that
person shall make the final decision regarding the donation.
(3) The department shall collect donor designation information on
all applications for an original or renewal driver's license or
identification card.
(4) The department shall print the word "DONOR" or another
appropriate designation on the face of a driver's license or
identification card to a person who registered as a donor on a form
issued pursuant to this section.
(5) On a weekly basis, the department shall electronically
transmit to Donate Life California, a nonprofit organization
established and designated as the California Organ and Tissue Donor
Registrar pursuant to Section 7150.90 of the Health and Safety Code,
all of the following information on every applicant that has
indicated his or her willingness to participate in the organ donation
program:
(A) His or her true full name.
(B) His or her residence or mailing address.
(C) His or her date of birth.
(D) His or her California driver's license number or
identification card number.
(6) (A) A person who applies for an original or renewal driver's
license or identification card may designate a voluntary contribution
of two dollars ($2) for the purpose of promoting and supporting
organ and tissue donation. This contribution shall be collected by
the department, and treated as a voluntary contribution to Donate
Life California and not as a fee for the issuance of a driver's
license or identification card.
(B) The department may use the donations collected pursuant to
this paragraph to cover its actual administrative costs incurred
pursuant to paragraphs (3) to (5), inclusive. The department shall
deposit all revenue derived pursuant to this paragraph and remaining
after the department's deduction for administrative costs in the
Donate Life California Trust Subaccount, that is hereby created in
the Motor Vehicle Account in the State Transportation Fund.
Notwithstanding Section 13340 of the Government Code, all revenue in
this subaccount is continuously appropriated, without regard to
fiscal years, to the Controller for allocation to Donate Life
California and shall be expended for the purpose of increasing
participation in organ donation programs.
(7) The enrollment form shall be posted on the Internet Web sites
for the department and the California Health and Human Services
Agency.
(8) The enrollment shall constitute a legal document pursuant to
the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code) and
shall remain binding after the donor's death despite any express
desires of next of kin opposed to the donation. Except as provided in
paragraph (2) of subdivision (b), the donation does not require the
consent of any other person.
(9) Donate Life California shall ensure that all additions and
deletions to the California Organ and Tissue Donor Registry,
established pursuant to Section 7150.90 of the Health and Safety
Code, shall occur within 30 days of receipt.
(10) Information obtained by Donate Life California for the
purposes of this subdivision shall be used for these purposes only
and shall not be disseminated further by Donate Life California.
(c) A public entity or employee shall not be liable for loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
(d) (1) The front of an application for an original or renewal of
a driver's license or identification card shall contain a space for
an applicant to indicate whether he or she has served in the Armed
Forces of the United States and to give his or her consent to be
contacted regarding eligibility to receive state or federal veteran
benefits.
(2) The department shall collect the information obtained pursuant
to paragraph (1).
(3) Periodically, as mutually agreed between the department and
the Department of Veterans Affairs, the department shall
electronically transmit to the Department of Veterans Affairs the
following information on each applicant who has identified that he or
she has served in the Armed Forces of the United States since the
last data transfer and has consented to be contacted about veteran
benefits:
(A) His or her true full name.
(B) His or her residence or mailing address.
(4) Information obtained by the Department of Veterans Affairs for
the purposes of this subdivision shall be used for the purpose of
assisting individuals to access veteran benefits and shall not be
disseminated except as needed for this purpose.
(d)
(e) A contract shall not be awarded to a
nongovernmental entity for the processing of driver's licenses,
unless the contract conforms to all applicable state contracting laws
and all applicable procedures set forth in the State Contracting
Manual.
(e) This section shall become operative on July 1, 2006.
SEC. 15. It is the intent of the Legislature that
Sections 12 and 13 of this act provide clarification to state and
local governmental agencies and law enforcement regarding sobriety
checkpoints in order to better address the continuing problem of
individuals driving-under-the-influence. Because sobriety checkpoints
have proven to be an effective deterrent to
driving-under-the-influence, this act is intended to assist state and
local governmental agencies in establishing sobriety checkpoints
with the goal of deterring driving-under-the-influence. When adopting
an ordinance or resolution authorizing sobriety checkpoints, it is
crucial that local jurisdictions consider the appropriate time and
place for the greatest impact of deterring driving under the
influence.
SEC. 16. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to make conforming changes necessary to implement the
Budget Act of 2010, it is necessary that this act take effect
immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2010.
