BILL NUMBER: AB 282 CHAPTERED
BILL TEXT
CHAPTER 229
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 13, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN SENATE JUNE 8, 2009
INTRODUCED BY Committee on Transportation (Eng (Chair), Jeffries
(Vice Chair), Blumenfield, Buchanan, Conway, Furutani, Galgiani,
Garrick, Bonnie Lowenthal, Miller, Niello, John A. Perez, Solorio,
and Torlakson)
FEBRUARY 12, 2009
An act to amend Section 8879.23 of the Government Code, to amend
Section 20209.11 of the Public Contract Code, to amend Section 99243
of the Public Utilities Code, and to amend Sections 13005, 21100.4,
and 27602 of the Vehicle Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 282, Committee on Transportation. Transportation.
(1) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 authorizes the issuance of $19.925 billion
in general obligation bonds for various transportation improvements,
of which $2 billion are to be allocated, upon appropriation by the
Legislature, to cities and counties for specified street and road
improvements. The act requires a city or county to reimburse the
state for funds it receives if it fails to comply with certain
conditions applicable to the expenditure of the bond funds.
This bill would require any interest or other return earned by a
city or county from investment of bond funds received under these
provisions to be expended or reimbursed under the same conditions as
are applicable to the bond funds themselves.
(2) The Mills-Alquist-Deddeh Act requires transit operators to
file an annual report of their operation with the transportation
planning agencies having jurisdiction over them and the Controller
within 90 days after the close of the operator's fiscal year.
This bill would extend the filing deadline from 90 days to 110
days after the close of the operator's fiscal year if the report is
filed electronically.
(3) Existing law establishes a process by which a licensed driver
may grant consent to be an organ and tissue donor upon death and
allows the potential donor to limit the donation to specific organs,
tissues, or research. Similar provisions, except for the reference to
research, apply to holders of the identification card issued by the
Department of Motor Vehicles.
This bill would conform the identification card donor provisions
to the provisions governing licensed drivers by also authorizing the
donor to limit the donation to research.
(4) Existing law requires a magistrate, who is presented with the
affidavit of a peace officer or a designated local transportation
officer, as defined, establishing reasonable cause to believe that a
vehicle, described by vehicle type and license number, is being
operated as a taxicab or other passenger vehicle for hire in
violation of the licensing requirements adopted by a local authority,
to issue a warrant or order authorizing a peace officer or
designated local transportation officer to immediately seize and
cause the removal of the vehicle.
This bill would make technical, nonsubstantive changes to this
provision.
(5) Existing law prohibits a person from driving a motor vehicle
if a television receiver, a video monitor, or a television or video
screen, or any other similar means of visually displaying a
television broadcast or video signal that produces entertainment or
business applications, is operating and is located in the motor
vehicle at any point forward of the back of the driver's seat, or is
operating and visible to the driver while driving the motor vehicle,
with certain exceptions.
This bill would add to the exceptions to the prohibition in
existing law a mobile digital terminal installed in a vehicle owned
or operated by specified corporate entities, including, among other
entities, a sewer system corporation, as defined, a water
corporation, as defined, or a city, joint powers agency, or special
district, if that local entity uses the vehicle solely in the
provision of sewer service, gas service, water service, or wastewater
service, and the terminal is fitted with an opaque covering that
does not allow the driver to view the display while driving, or when
the vehicle is deployed in an emergency to respond to an interruption
or impending interruption of specified services.
(6) Under existing law, with certain exceptions, a violation of
the Vehicle Code is a crime.
Because this bill would change the definition of an existing
crime, the bill would impose a state-mandated local program.
(7) This bill would incorporate additional changes in Section
27602 of the Vehicle Code proposed by AB 62, that would become
operative only if AB 62 and this bill are both chaptered and become
effective on or before January 1, 2010, and this bill is chaptered
last.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.23 of the Government Code is amended to
read:
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department's assessment of a program that best
meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2), a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1). All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
provides mobility improvements in highly traveled or highly congested
corridors in all regions of California; and targets bond proceeds in
a manner that provides the increment of funding necessary, when
combined with other state, local, or federal funds, to provide the
mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for
its consideration, provided the report is submitted no later than
January 1, 2007. The commission shall also consult trade
infrastructure and goods movement plans adopted by regional
transportation planning agencies, adopted regional transportation
plans required by state and federal law, and the statewide port
master plan prepared by the California Marine and Intermodal
Transportation System Advisory Council (Cal-MITSAC) pursuant to
Section 1760 of the Harbors and Navigation Code, when determining
eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal, or private sources. The
commission shall determine the appropriate amount of supplemental
funding each project should have to be eligible for moneys from this
fund based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Except for border
access improvements described in clause (v) of subparagraph (A),
improvements funded with moneys from this fund shall have
supplemental funding that is at least equal to the amount of the
contribution from the fund. The commission may give priority for
funding to projects with higher levels of committed supplemental
funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports, seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry
terminal security improvements. Eligible applicants shall be publicly
owned ports, harbors, and ferryboat and ferry terminal operators,
which may submit applications for projects that include, but are not
limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
The Office of Emergency Services shall report to the Legislature
on March 1 of each year on the manner in which the funds available
pursuant to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125,000,000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar-for-dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar-for-dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations, and the effective capacity of local streets and roads.
(l) (1) Two billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, which is hereby created in the fund.
The proceeds of bonds deposited into that account shall be available,
upon appropriation by the Legislature, for the purposes specified in
this subdivision to the Controller for administration and allocation
in the fiscal year in which the bonds are issued and sold, including
any interest or other return earned on the investment of those
moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400,000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this subdivision to
cities and a city and county, the Controller shall use the most
recent population estimates prepared by the Demographic Research Unit
of the Department of Finance. For a city that incorporated after
January 1, 1998, that does not appear on the most recent population
estimates prepared by the Demographic Research Unit, the Controller
shall use the population determined for that city under Section
11005.3 of the Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision, including any interest or other return earned on
the investment of those funds, shall be used for improvements to
transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or
increasing traffic safety that may include, but not be limited to,
street and highway pavement maintenance, rehabilitation,
installation, construction and reconstruction of necessary associated
facilities such as drainage and traffic control devices, or the
maintenance, rehabilitation, installation, construction and
reconstruction of facilities that expand ridership on transit
systems, safety projects to reduce fatalities, or as a local match to
obtain state or federal transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city's or county's
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld or
returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures
are in compliance.
SEC. 2. Section 20209.11 of the Public Contract Code is amended to
read:
20209.11. (a) The minimum performance criteria and design
standards established pursuant to this article by a transit operator
for quality, durability, longevity, life-cycle costs, and other
criteria deemed appropriate by the transit operator shall be adhered
to by the design-build entity. Any deviations from those standards
may only be allowed by written consent of the transit operator. The
transit operator may retain the services of a design professional
through the course of the project in order to ensure compliance with
this article.
(b) The total price of the project shall be subject to the
conditions established in subdivision (f) of Section 20209.7.
SEC. 3. Section 99243 of the Public Utilities Code is amended to
read:
99243. (a) The Controller, in cooperation with the department and
the operators, shall design and adopt a uniform system of accounts
and records, from which the operators shall prepare and submit annual
reports of their operation to the transportation planning agencies
having jurisdiction over them and to the Controller within 90 days of
the end of the fiscal year. If the report is filed in electronic
format as prescribed by the Controller, the report shall be furnished
within 110 days after the close of each fiscal year. The report
shall specify (1) the amount of revenue generated from each source
and its application for the prior fiscal year and (2) the data
necessary to determine which section, with
respect to Sections 99268.1, 99268.2, 99268.3,
99268.4, 99268.5, and 99268.9, the operator is required to be in
compliance with in order to be eligible for funds under this article.
(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its proposed
application for the next fiscal year, and a report on the extent to
which it has contracted with the Prison Industry Authority, including
the nature and dollar amounts of all contracts entered into during
the reporting period and proposed for the next reporting period.
(c) The Controller shall instruct the county auditor to withhold
payments from the fund to an operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).
(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.
(e) Notwithstanding any other law or any regulation, including any
California Code of Regulations provision, the City of South Lake
Tahoe and the City of Huntington Beach may select, for purposes of
this chapter, on a one-time basis, a fiscal year that does not end on
June 30. After the city has sent a written notice to the Secretary
of Business, Transportation and Housing and the Controller that the
city has selected a fiscal year other than one ending on June 30, the
fiscal year selected by the city shall be its fiscal year for all
reports required by the state under this chapter.
SEC. 4. Section 13005 of the Vehicle Code is amended to read:
13005. (a) The identification card shall resemble in appearance,
so far as is practicable, a driver's license issued pursuant to this
code. It shall adequately describe the applicant, bear his or her
picture, and be produced in color or engraved by a process or
processes that prohibit, as near as possible, the ability to alter or
reproduce the identification card, or prohibit the ability to
superimpose a picture or photograph on the identification card
without ready detection.
(b) (1) Upon issuance of a new identification card, or renewal of
an identification card, the department shall provide information on
organ and tissue donation, including a standardized form to be filled
out by an individual who desires to enroll in the California Organ
and Tissue Donor Registry with instructions for mailing the completed
form to the California Organ and Tissue Donor Registrar established
pursuant to subdivision (a) of Section 7150.90 of the Health and
Safety Code.
(2) The enrollment form shall be simple in design and shall be
produced by the department, in cooperation with the California Organ
and Tissue Donor Registrar, and shall require all of the following
information to be supplied by the enrollee:
(A) Date of birth, sex, full name, address, and home telephone
number.
(B) Consent for organs or tissues to be donated for transplant
after death.
(C) Any limitation of the donation to specific organs, tissues, or
research.
(3) The form shall also include a description of the process for
having a name removed from the registry, and the process for donating
money for the benefit of the registry.
(4) The registry enrollment form shall be posted on the Internet
Web sites for the department and the California Health and Human
Services Agency.
(5) The form shall constitute a legal document under the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code).
(6) The registrar shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
(7) Information obtained by the registrar for the purposes of this
subdivision shall be used for these purposes only and shall not
further be disseminated by the registrar.
(c) A contract shall not be awarded to a nongovernmental entity
for the processing of identification cards unless the contract
conforms to all applicable state contracting laws and all applicable
procedures set forth in the State Contracting Manual.
SEC. 5. Section 21100.4 of the Vehicle Code is amended to read:
21100.4. (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 shall issue a warrant or order authorizing a peace
officer or designated local transportation officer to immediately
seize and cause the removal of the vehicle. As used in this section,
"designated local transportation officer" means a local public
officer employed by a local authority to investigate and enforce
local taxicab and vehicle for hire laws and regulations.
(2) The warrant or court order may be entered into a computerized
database.
(3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
(4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle.
(b) (1) An impounding agency shall release a vehicle to the
registered owner, or his or her agent, prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(2) A vehicle shall not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, and proof of current vehicle registration, or upon order of
the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, that shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer or designated local
transportation officer who caused the magistrate to issue the warrant
or court order shall be responsible for the costs incurred for
towing and storage if it is determined in the poststorage hearing
that reasonable grounds for the storage are not established.
(d) The registered owner, or his or her agent, is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or a certificate of repossession and a
security agreement or title showing proof of legal ownership for the
vehicle. The documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The
impounding agency shall not require any documents to be notarized.
The impounding agency may require the agent of the legal owner to
produce a photocopy or facsimile copy of its repossession agency
license or registration issued pursuant to Chapter 11 (commencing
with Section 7500) of Division 3 of the Business and Professions
Code, or to demonstrate, to the satisfaction of the impounding
agency, that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent. The impounding agency shall not require any
documents other than those specified in this paragraph. The
impounding agency shall not require any documents to be notarized.
(C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (b) of Section
7500.1 of the Business and Professions Code.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner until the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license, and an operator's
license that is in compliance with the licensing requirements adopted
by the local authority under subdivision (b) of Section 21100, to
the legal owner or the legal owner's agent. The legal owner or the
legal owner's agent shall make every reasonable effort to ensure that
the licenses presented are valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent if the release complies with this section.
SEC. 6. Section 27602 of the Vehicle Code is amended to read:
27602. (a) A person shall not drive a motor vehicle if a
television receiver, a video monitor, or a television or video
screen, or any other, similar means of visually displaying a
television broadcast or video signal that produces entertainment or
business applications, is operating and is located in the motor
vehicle at a point forward of the back of the driver's seat, or is
operating and visible to the driver while driving the motor vehicle.
(b) Subdivision (a) does not apply to the following equipment when
installed in a vehicle:
(1) A vehicle information display.
(2) A global positioning display.
(3) A mapping display.
(4) A visual display used to enhance or supplement the driver's
view forward, behind, or to the sides of a motor vehicle for the
purpose of maneuvering the vehicle.
(5) A television receiver, video monitor, television or video
screen, or any other, similar means of visually displaying a
television broadcast or video signal, if that equipment has an
interlock device that, when the motor vehicle is driven, disables the
equipment for all uses except as a visual display as described in
paragraphs (1) to (4), inclusive.
(6) A mobile digital terminal that is fitted with an opaque
covering that does not allow the driver to view any part of the
display while driving, even though the terminal may be operating,
installed in a vehicle that is owned or operated by any of the
following:
(A) An electrical corporation, as defined in Section 218 of the
Public Utilities Code.
(B) A gas corporation, as defined in Section 222 of the Public
Utilities Code.
(C) A sewer system corporation, as defined in Section 230.6 of the
Public Utilities Code.
(D) A telephone corporation, as defined in Section 234 of the
Public Utilities Code.
(E) A water corporation, as defined in Section 241 of the Public
Utilities Code.
(F) A local publicly owned electric utility, as defined in Section
9604 of the Public Utilities Code.
(G) A city, joint powers agency, or special district, if that
local entity uses the vehicle solely in the provision of sewer
service, gas service, water service, or wastewater service.
(c) Subdivision (a) does not apply to a mobile digital terminal
installed in an authorized emergency vehicle or to a motor vehicle
providing emergency road service or roadside assistance.
(d) Subdivision (a) does not apply to a mobile digital terminal
installed in a vehicle when the vehicle is deployed in an emergency
to respond to an interruption or impending interruption of
electrical, natural gas, telephone, sewer, water, or wastewater
service, and the vehicle is owned or operated by any of the
following:
(1) An electrical corporation, as defined in Section 218 of the
Public Utilities Code.
(2) A gas corporation, as defined in Section 222 of the Public
Utilities Code.
(3) A sewer system corporation, as defined in Section 230.6 of the
Public Utilities Code.
(4) A telephone corporation, as defined in Section 234 of the
Public Utilities Code.
(5) A water corporation, as defined in Section 241 of the Public
Utilities Code.
(6) A local publicly owned electric utility, as defined in Section
9604 of the Public Utilities Code.
(7) A city, joint powers agency, or special district, if that
local entity uses the vehicle solely in the provision of sewer
service, gas service, water service, or wastewater service.
SEC. 6.5. Section 27602 of the Vehicle Code is amended to read:
27602. (a) A person shall not drive a motor vehicle if a
television receiver, a video monitor, or a television or video
screen, or any other, similar means of visually displaying a
television broadcast or video signal that produces entertainment or
business applications, is operating and is located in the motor
vehicle at a point forward of the back of the driver's seat, or is
operating and the monitor, screen, or display is visible to the
driver while driving the motor vehicle.
(b) Subdivision (a) does not apply to the following equipment when
installed in a vehicle:
(1) A vehicle information display.
(2) A global positioning display.
(3) A mapping display.
(4) A visual display used to enhance or supplement the driver's
view forward, behind, or to the sides of a motor vehicle for the
purpose of maneuvering the vehicle.
(5) A television receiver, video monitor, television or video
screen, or any other similar means of visually displaying a
television broadcast or video signal, if that equipment satisfies one
of the following requirements:
(A) The equipment has an interlock device that, when the motor
vehicle is driven, disables the equipment for all uses except as a
visual display as described in paragraphs (1) to (4), inclusive.
(B) The equipment is designed, operated, and configured in a
manner that prevents the driver of the motor vehicle from viewing the
television broadcast or video signal while operating the vehicle in
a safe and reasonable manner.
(6) A mobile digital terminal that is fitted with an opaque
covering that does not allow the driver to view any part of the
display while driving, even though the terminal may be operating,
installed in a vehicle that is owned or operated by any of the
following:
(A) An electrical corporation, as defined in Section 218 of the
Public Utilities Code.
(B) A gas corporation, as defined in Section 222 of the Public
Utilities Code.
(C) A sewer system corporation, as defined in Section 230.6 of the
Public Utilities Code.
(D) A telephone corporation, as defined in Section 234 of the
Public Utilities Code.
(E) A water corporation, as defined in Section 241 of the Public
Utilities Code.
(F) A local publicly owned electric utility, as defined in Section
9604 of the Public Utilities Code.
(G) A city, joint powers agency, or special district, if that
local entity uses the vehicle solely in the provision of sewer
service, gas service, water service, or wastewater service.
(c) Subdivision (a) does not apply to a mobile digital terminal
installed in an authorized emergency vehicle or to a motor vehicle
providing emergency road service or roadside assistance.
(d) Subdivision (a) does not apply to a mobile digital terminal
installed in a vehicle when the vehicle is deployed in an emergency
to respond to an interruption or impending interruption of
electrical, natural gas, telephone, sewer, water, or wastewater
service, and the vehicle is owned or operated by any of the
following:
(1) An electrical corporation, as defined in Section 218 of the
Public Utilities Code.
(2) A gas corporation, as defined in Section 222 of the Public
Utilities Code.
(3) A sewer system corporation, as defined in Section 230.6 of the
Public Utilities Code.
(4) A telephone corporation, as defined in Section 234 of the
Public Utilities Code.
(5) A water corporation, as defined in Section 241 of the Public
Utilities Code.
(6) A local publicly owned electric utility, as defined in Section
9604 of the Public Utilities Code.
(7) A city, joint powers agency, or special district, if that
local entity uses the vehicle solely in the provision of sewer
service, gas service, water service, or wastewater service.
SEC. 7. Section 6.5 of this bill incorporates amendments to
Section 27602 of the Vehicle Code proposed by this bill and AB 62. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2010, (2) each bill amends Section
27602 of the Vehicle Code, and (3) this bill is enacted after AB 62,
in which case Section 6 of this bill shall not become operative.
SEC. 8. Any section of any act enacted by the Legislature during
the 2009 calendar year that takes effect on or before January 1,
2010, and that amends, amends and renumbers, adds, repeals and adds,
or repeals Section 21100.4 of the Vehicle Code, shall prevail over
Section 21100.4 of the Vehicle Code, as amended by Section 5 of this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.