Bill Text: CA AB1610 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Failed) 2016-11-30 - Died on inactive file. [AB1610 Detail]
Download: California-2015-AB1610-Amended.html
BILL NUMBER: AB 1610 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper,
Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez,
Thurmond, Wilk, and Williams)
JANUARY 7, 2016
An act relating to the Budget Act of 2016.
An act to amend Section 63048.65 of the Government Code, to add
Section 99314.8 to the Public Utilities Code, to amend Sections 1678,
9250, 12506, 12801.8, and 34507.5 of, to amend, repeal, and add
Sections 12805, 13000, 13002, and 13002.1 of, and to add Section 681
to, the Vehicle Code, relating to transportation, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1610, as amended, Committee on Budget. Budget Act of
2016. Transportation.
Existing law authorizes the California Infrastructure and Economic
Development Bank to sell specified portions of compact assets,
defined as moneys required to be paid to the state under specified
provisions of designated tribal compacts and the state's rights to
receive those payments, to a special purpose trust, which may issue
bonds that are secured against those assets. The net proceeds of the
sale of the compact assets are required to be deposited into certain
transportation funds in a specified order. Existing law requires that
when the amounts described in those provisions have been paid to the
transportation funds named, the revenues received by the state from
the tribal compacts are required to be remitted to the California
Gambling Control Commission for deposit in the General Fund.
This bill would instead provide that after the amounts described
have been fully paid to the transportation funds named, or in any
year during which any portion of these amounts are repaid from the
General Fund pursuant to specified provisions of the California
Constitution in an amount greater than or equal to the amount of
tribal gaming revenues remitted pursuant to the amended tribal
compacts in that year, the revenues received by the state from the
compact would be required to be remitted to the California Gambling
Control Commission for deposit in the General Fund.
Existing law requires the Secretary of State and the Department of
Motor Vehicles to establish the California New Motor Voter Program
for the purpose of increasing opportunities for voter registration by
any person who is qualified to be a voter, as specified.
This bill would require the Department of Motor Vehicles to pilot
and evaluate a process to register voters pursuant to the program to
assist persons who do not fully complete the voter registration
process. The bill would require the department to report on October
15, 2016, to the Joint Legislative Budget Committee, on the outcome
of the pilot, other process changes proposed to ensure the full
completion of voter registration, and an evaluation of options for
ensuring persons have the opportunity to fully complete the voter
registration process, including adding information technology
equipment or fully automating forms. The bill would also require the
department to notify the Joint Legislative Budget Committee by
September 1, 2016, if it is unable to implement the pilot process
change for any reason. The bill would additionally appropriate the
sum of $3,888,000 from the General Fund to the Department of Motor
Vehicles to implement the California New Motor Voter Program.
Existing law requires the transfer of a specified portion of the
sales tax on diesel fuel, in addition to various other revenues, to
the Public Transportation Account, a trust fund in the State
Transportation Fund. A portion of those revenues are restricted by
Article XIX A of the California Constitution. Existing law
continuously appropriates those revenues to the Controller for
allocation to local transportation agencies for public transportation
purposes, pursuant to a program commonly known as the State Transit
Assistance program. Existing law requires those funds to be allocated
by formulas based 50% on population and 50% on transit operator
revenues. Existing law requires the transit operator-based funds to
be allocated to each local transportation agency based on the ratio
of the total revenue of all the operators and the member agencies of
the Altamont Commuter Express Authority and the Southern California
Regional Rail Authority in the area under their respective
jurisdictions during the prior fiscal year to the total revenue of
all the operators in the state and the member agencies of the
Altamont Commuter Express Authority and the member agencies of the
Southern California Regional Rail Authority during the prior fiscal
year.
This bill would require the Controller to calculate and publish
the allocation of transit operator-based funds made pursuant to the
State Transit Assistance program for the 3rd and 4th quarters of the
2015-16 fiscal year and for all 4 quarters of the 2016-17 and 2017-18
fiscal years based on the same list of operators and the same
individual operator ratios published by the Controller in a specified
transmittal memo for the 4th quarter for the 2014-15 fiscal year.
The bill would authorize each transportation planning agency and
county transportation commission, and the San Diego Metropolitan
Transit Development Board to apply the ratios calculated for the 3rd
quarter of the 2015-16 fiscal year to any undistributed funds
remaining from the first and 2nd quarters of the 2015-16 fiscal year.
Existing law requires the Department of Motor Vehicles to charge a
registration fee of $43 on every vehicle or trailer coach, as
specified, registered on or after July 1, 2011. Existing law
authorizes the department to adjust specified fees every January 1 by
increasing the fee by an amount equal to the increase in the
California Consumer Price Index for the prior year.
This bill would provide that the $43 fee applies to registrations
until April 1, 2017. The bill would require the department to charge
a registration fee of $53 on every vehicle or trailer coach, as
specified, that is registered on or after April 1, 2017. The bill
would apply the annual fee increase provisions described above to the
$53 registration fee. The bill would delete obsolete language
pertaining to registration fees and make other conforming and
technical, nonsubstantive changes.
Existing law authorizes the Department of Motor Vehicles to issue
and renew driver's licenses and identification cards, including
senior citizen identification cards. Existing law requires senior
citizen identification cards to expire on the 10th birthday of the
applicant for the card following the date of application. The
existing federal Real ID Act requires specified security requirements
to be met in order for a state's driver's licenses and
identification cards to be accepted for certain official purposes.
This bill would, on and after January 1, 2018, prohibit the
department from issuing a driver's license or identification card
that is in compliance with the requirements of the Real ID Act to a
person who possesses a driver's license or identification card in
compliance with the Real ID Act. The bill would authorize the
department to cancel a driver's license or identification card for
the purpose of ensuring that a person does not have both a driver's
license and identification card. The bill would additionally on and
after January 1, 2018, require a senior citizen identification cards
to expire on the 8th birthday of the applicant for the card following
the date of application.
Existing federal law requires a motor carrier, as defined, to file
an application form with the Federal Motor Carrier Safety
Administration to obtain a United States Department of Transportation
number before beginning operations and every 24 months, as
specified.
Existing law requires, except as specified, a motor carrier, motor
carrier of property, and for-hire motor carrier of property to
obtain a carrier identification number from the Department of the
California Highway Patrol and requires the carrier identification
number to be displayed on both sides of each vehicle or on both sides
of at least one motor vehicle in each combination of specified
vehicles. A violation of the Vehicle Code is punishable as an
infraction.
This bill would authorize the Department of the California Highway
Patrol to furnish the application form for a carrier identification
number on its Internet Web site and require electronic submission of
the form. The bill would also require a motor carrier required to
obtain a carrier identification number to first obtain a United
States Department of Transportation number before submitting an
application for a carrier identification number. The bill would
require a motor carrier required to obtain a carrier identification
number to ensure information on its application form is updated, as
specified, and is true and accurate. Because a violation of the
Vehicle Code is punishable as an infraction, the bill would impose a
state-mandated local program.
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.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2016.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 63048.65 of the
Government Code is amended to read:
63048.65. (a) Upon a filing by the Director of Finance with the
bank of a list of designated tribal compacts and the specific
portions of the compact assets to be sold, the bank may sell for, and
on behalf of, the state, solely as its agent, those specific
portions of the compact assets to a special purpose trust. To that
end, a special purpose trust is hereby established as a
not-for-profit corporation solely for that purpose and for the
purposes necessarily incidental thereto. The bank may enter into one
or more sales agreements with the special purpose trust on terms it
deems appropriate, which may include covenants of, and binding on,
the state necessary to establish and maintain the security of the
bonds and exemption of interest on the bonds from federal income
taxation. The portion of the compact assets to be sold shall be an
amount or amounts determined by the Director of Finance that are
necessary to provide the state with net proceeds of the sale, not to
exceed one billion five hundred million dollars ($1,500,000,000),
exclusive of capitalized interest on the bonds and any costs incurred
by the bank or the special purpose trust in implementing this
article, including, but not limited to, the cost of financing one or
more reserve funds, any credit enhancements, costs incurred in the
issuance of bonds, and operating expenses. Those specific portions of
the compact assets may be sold at one time or from time to time.
(b) The special purpose trust may issue bonds, including, but not
limited to, refunding bonds, on the terms it shall determine, and do
all things contemplated by, and authorized by, this division with
respect to the bank, and enjoy all rights, privileges, and immunities
the bank enjoys pursuant to this division, or as authorized by
Section 5140 of the Corporations Code with respect to public benefit
nonprofit corporations, or as necessary or appropriate in connection
with the issuance of bonds, and may enter into agreements with any
public or private entity and pledge the compact assets that it
purchased as collateral and security for its bonds. However, to the
extent of any conflict between any of the foregoing and the
provisions of this article, the provisions of this article shall
control. The pledge of any of these assets and of any revenues,
reserves, and earnings pledged in connection with these assets shall
be valid and binding in accordance with its terms from the time the
pledge is made, and amounts so pledged and thereafter received shall
immediately be subject to the lien of the pledge without the need for
physical delivery, recordation, filing, or other further act. The
special purpose trust, and its assets and income, and bonds issued by
the special purpose trust, and their transfer and the income
therefrom, shall be exempt from all taxation by the state and by its
political subdivisions.
(c) (1) The net proceeds of the sale of compact assets by the bank
shall be deposited in the following order:
(A) One billion two hundred million dollars ($1,200,000,000) plus
any interest due pursuant to paragraph (3) of subdivision (c) of
Section 14556.8, to the Traffic Congestion Relief Fund for the
purpose of funding or reimbursing the cost of projects, programs, and
activities permitted and necessary to be funded by that fund in
accordance with applicable law, and to repay loans made from the
State Highway Account and the Public Transportation Account to the
Traffic Congestion Relief Fund pursuant to Section 14556.8, in the
following priority order:
(i) Transfer of four hundred forty-three million dollars
($443,000,000) plus any interest due pursuant to paragraph (3) of
subdivision (c) of Section 14556.8, to the State Highway Account for
project expenditures.
(ii) Two hundred ninety million dollars ($290,000,000) for
allocation to Traffic Congestion Relief Program projects.
(iii) Two hundred seventy-five million dollars ($275,000,000) to
the Public Transportation Account for project expenditures.
(iv) All remaining funds for allocation to Traffic Congestion
Relief Program projects.
(B) To the Transportation Deferred Investment Fund, an amount up
to the outstanding amount of the suspension of the 2004-05 fiscal
year transfer of the sales tax on gasoline to the Transportation
Investment Fund pursuant to requirements of Article XIX B of the
California Constitution.
(C) To the Transportation Deferred Investment Fund, an amount up
to the outstanding amount of the suspension of the 2003-04 fiscal
year transfer of the sales tax on gasoline to the Transportation
Investment Fund pursuant to requirements of Article XIX B of the
California Constitution.
(2) Notwithstanding paragraph (1), if and to the extent it is
necessary to ensure to the maximum extent practicable the eligibility
for exclusion from taxation under the federal Internal Revenue Code
of interest on the bonds to be issued by the special purpose trust,
the Director of Finance may adjust the application of proceeds not
eligible for exclusion from taxation among the authorized funds
described in paragraph (1). The Department of Finance shall submit a
report to the Legislature describing any proposed changes among the
authorized funds in paragraph (1), and consistent with this
paragraph, at least 30 days prior to issuing the bonds pursuant to
this article. Amounts deposited in the Traffic Congestion Relief Fund
pursuant to paragraph (1) shall be applied as a credit to transfers
from the General Fund that the Controller would otherwise be required
to make to that fund. Amounts deposited in the Transportation
Deferred Investment Fund shall be expended in conformance with
Sections 7105 and 7106 of the Revenue and Taxation Code, and the
amounts so deposited shall also be applied as a credit to the
transfers from the General Fund that the Controller would otherwise
be required to make under those sections. The Legislature hereby
finds and declares that the deposits and credits described in this
subdivision do not constitute the use of the proceeds of bonds or
other indebtedness to pay a yearend State Budget deficit as
prohibited by subdivision (c) of Section 1.3 of Article XVI of the
California Constitution. Subject to any constitutional limitation,
the use and application of the proceeds of any sale of compact assets
or bonds shall not in any way affect the legality or validity of
that sale or those bonds.
(d) Funds received from amended tribal-state compacts, or new
compacts entered into and ratified on or after the effective date of
this article, pursuant to Section 4.3.1 of the amended compacts, or
the comparable section in new compacts, as specified in those
compacts, that are neither sold to the special purpose trust nor
otherwise appropriated, and funds received as a result of the state's
acquisition of an ownership interest in any residual interest in
compact assets attributable to Section 4.3.1 of the amended compacts,
or the comparable section in new compacts, as specified in those
compacts, shall be remitted to the California Gambling Control
Commission for deposit in the General Fund.
(e) Funds received from amended tribal-state compacts, or new
compacts entered into and ratified on or after the effective date of
this article, pursuant to Section 4.3.3 of the amended compacts, or
the comparable section in new compacts, as specified in those
compacts, shall be held in an account within the Special Deposit Fund
until those funds are sold or otherwise applied pursuant to this
subdivision. From time to time, at the direction of the Director of
Finance, any moneys in this account shall be deposited and applied in
accordance with subdivision (c) or shall be deemed to be compact
assets for purposes of sale to the special purpose trust pursuant to
this article. If the Director of Finance determines that the bonds
authorized pursuant to this article cannot be successfully issued by
the special purpose trust, funds within the account shall be
deposited in accordance with subdivision (c). In addition, all
subsequent revenues remitted pursuant to Section 4.3.3 of the amended
compacts, or the comparable section in new compacts, as specified in
those compacts, and funds received as a result of the state's
acquisition of an ownership interest in any residual interest in
compact assets attributable to Section 4.3.3 of the amended compacts,
or the comparable section in new compacts, as specified in those
compacts, shall be used to satisfy the purposes of subdivision (c).
When After the amounts described in
subdivision (c) have been fully paid to the funds
named designated in that subdivision
subdivision, or in any year during which any portion
of these amounts as outlined in subdivision (c) are repaid from the
General Fund pursuant to subdivision (c) of Section 20 of Article XVI
of the California Constitution in an amount that is greater than or
equal to the amount of tribal gaming revenues remitted pursuant to
Section 4.3.3 of the amended compacts in that year, either
pursuant to this article or by other appropriations or transfers,
thereafter the revenues received by the state from
Section 4.3.3 of the compact shall be remitted to the California
Gambling Control Commission for deposit in the General Fund.
(f) The principal office of the special purpose trust shall be
located in the County of Sacramento. The articles of incorporation of
the special purpose trust shall be prepared and filed, on behalf of
the state, with the Secretary of State by the bank. The members of
the board of directors of the bank as of the effective date of this
article, the Director of the Department of Transportation, and the
Director of General Services, shall each serve ex officio as the
directors of the special purpose trust. Any of these directors may
name a designee to act on his or her behalf as a director of the
special purpose trust. The Director of Finance or his or her designee
shall serve as chair of the special purpose trust. Directors of the
special purpose trust shall not be subject to personal liability for
carrying out the powers and duties conferred by this article. The
Legislature hereby finds and declares that the duties and
responsibilities of the directors of the special purpose trust and
the duties and responsibilities of the Director of Finance
established under this article are within the scope of the primary
duties of those persons in their official capacities. The special
purpose trust shall be treated as a separate legal entity with its
separate corporate purpose as described in this article, and the
assets, liabilities, and funds of the special purpose trust shall be
neither consolidated nor commingled with those of the bank.
SEC. 2. Section 99314.8 is added to the
Public Utilities Code , to read:
99314.8. (a) Notwithstanding any other law, for the third and
fourth quarters of the 2015-16 fiscal year, and for all four quarters
of the 2016-17 and 2017-18 fiscal years, the Controller shall
calculate and publish the allocation of all funds made pursuant to
Section 99314 to each transportation planning agency and county
transportation commission, the San Diego Metropolitan Transit
Development Board, the member agencies of the Altamont Commuter
Express Authority, and the member agencies of the Southern California
Regional Rail Authority based on the same list of operators and the
same individual operator ratios published by the Controller in its
original Fourth Quarter State Transit Assistance Allocation
transmittal memo for the 2014-15 fiscal year, unless the Controller
has subsequently published revisions or adjustments to its original
Fourth Quarter State Transit Assistance Allocation transmittal memo
for the 2014-15 fiscal year, in which case the revised or adjusted
list of operators and individual operator ratios shall be used.
(b) Each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board
may apply the individual operator ratios calculated for the third
quarter of the 2015-16 fiscal year pursuant to this section to any
undistributed funds remaining from the first and second quarters of
the 2015-16 fiscal year.
(c) Upon allocation of funds pursuant to this section to each
transportation planning agency and county transportation commission,
the San Diego Metropolitan Transit Development Board, the member
agencies of the Altamont Commuter Express Authority, and the member
agencies of the Southern California Rail Authority, the Controller
shall publish the amount of funding applicable to each operator.
SEC. 3. Section 681 is added to the
Vehicle Code , to read:
681. (a) "Real ID driver's license or identification card" means
a driver's license or identification card that has been issued by a
state that has been certified by the Department of Homeland Security
to be in compliance with the requirements of the Real ID Act of 2005
(Public Law 109-13) and the regulations adopted pursuant to the Act.
(b) This section shall become operative on January 1, 2018.
SEC. 4. Section 1678 of the Vehicle
Code is amended to read:
1678. (a) Between January 1, 2004, and December 31, 2004,
inclusive, the fee amounts set forth in Section 488.385 of the Code
of Civil Procedure, Section 10902 of the Revenue and Taxation Code,
and Sections 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13,
9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 14900, 14900.1,
14901, 14902, 15250.6, 15250.7, 15255.1, 15255.2,
38121, 38225.4, 38225.5, 38232, 38255, 38260, and 38265
38265, and subdivision (b) of Section 9250, of this
code, shall be the base fee amounts charged by the department.
(b) On January 1, 2005, and every January 1 thereafter, the
department shall adjust the fees imposed under the sections listed in
subdivision (a) by increasing each fee in an amount equal to the
increase in the California Consumer Price Index for the prior year,
as calculated by the Department of Finance, with amounts equal to or
greater than fifty cents ($0.50) rounded to the next highest whole
dollar.
(c) Any increases to the fees imposed under the sections listed in
subdivision (a) that are enacted by legislation subsequent to
January 1, 2005, shall be deemed to be changes to the base fee for
purposes of the calculation performed pursuant to subdivision (b).
SEC. 5. Section 9250 of the Vehicle
Code is amended to read:
9250. (a) A registration fee of thirty-one dollars ($31) shall be
paid to the department for the registration of every vehicle or
trailer coach of a type subject to registration under this code,
except those vehicles that are expressly exempted under this code
from the payment of registration fees. This subdivision applies to
all of the following:
(1) The initial or original registration, on or after January 1,
2004, but before July 1, 2011, of any vehicle not previously
registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after January 1, 2004, but before
July 1, 2011, regardless of whether a renewal application was mailed
to the registered owner prior to January 1, 2004.
(b)
9250. (a) A registration fee of forty-three
dollars ($43) shall be paid to the department for the registration
of each vehicle or trailer coach of a type subject to registration
under this code, except those vehicles that are expressly exempted
under this code from the payment of registration fees. This
subdivision applies to all of the following:
(1) The initial or original registration, on or after July 1,
2011, but before April 1, 2017, of any vehicle not
previously registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after July 1, 2011,
regardless of whether a renewal application was mailed to the
registered owner prior to July 1, 2011. but before
April 1, 2017.
(b) A registration fee of fifty-three dollars ($53) shall be paid
to the department for the registration of each vehicle or trailer
coach of a type subject to registration under this code, except those
vehicles that are expressly exempted under this code from the
payment of registration fees. This subdivision applies to all of the
following:
(1) The initial or original registration, on or after April 1,
2017, of any vehicle not previously registered in this state.
(2) The renewal or original registration of any vehicle for which
the registration period expires on or after April 1, 2017, regardless
of whether a renewal application was mailed to the registered owner
before April 1, 2017.
(c) The registration fee imposed under this section applies to all
vehicles described in Section 5004, whether or not special
identification plates are issued to that vehicle.
(d) Trailer coaches are subject to the registration fee provided
in subdivision (a) or (b) for each unit of the trailer coach.
(e) The amounts collected pursuant to the increase in the
registration fee as specified in subdivision (b) shall be used only
for costs incurred in connection with the regulation of vehicles,
including administrative costs for vehicle registration.
SEC. 6. Section 12506 of the Vehicle
Code is amended to read:
12506. The department may issue a temporary driver's license to
any person applying for a driver's license, to any person applying
for renewal of a driver's license, or to any licensee whose license
is required to be changed, added to, or modified. Notwithstanding
subdivision (b) paragraph (3) of subdivision
(a) of Section 12805, the department may issue a temporary
driver's license to an applicant who has previously been licensed in
this state or in any other state, territory, or possession of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, or the Dominion of Canada, notwithstanding that the applicant
has failed the written examination on the person's first attempt.
A temporary license permits the operation of a motor vehicle upon
the highways for a period of 60 days, if the licensee has the
temporary license in his or her immediate possession, and while the
department is completing its investigation and determination of all
facts relative to the applicant's right to receive a license. The
temporary license is invalid when the applicant's license has been
issued or refused.
SEC. 7. Section 12801.8 of the Vehicle
Code is amended to read:
12801.8. (a) In the case of a legal, nonimmigrant driver's
license applicant, the department shall issue a temporary driver's
license, valid for 90 days, if the applicant has successfully
completed the application and the related requirements for the
issuance of a driver's license under this code, including
subdivision (a) paragraph (1) of subdivision (a)
of Section 12805. If the United States Immigration and
Naturalization Service United States
Department of Homeland Security is unable to verify the
applicant's presence before the temporary driver's license expires,
the department shall, at least 15 days before the temporary driver's
license expires, extend the temporary driver's license for an
additional 120 days and notify the applicant by mail that the
temporary driver's license is being extended.
(b) If the department adjusts the expiration date of any driver's
license issued pursuant to this code so that the date does not exceed
the expiration date of a federal document submitted pursuant to
subdivision (a) of Section 12801.5, the applicant may, upon receipt
of a notice of renewal of the driver's license by the department sent
prior to the expiration of the license, request an extension of the
term of the driver's license by submitting to the department
satisfactory proof that the applicant's presence in the United States
has been reauthorized or extended under federal law. After verifying
that the applicant's presence in the United States has been
reauthorized or extended by federal law, the department shall adjust
the expiration date of the driver's license so that it does not
exceed the expiration date of the revised federal document submitted
pursuant to subdivision (a) of Section 12801.5 and complies with the
related requirements of this code.
(c) On or before July 1, 1997, the The
department shall establish a procedure for receiving mailed
requests for the extension of driver's licenses as described in this
section.
SEC. 8. Section 12805 of the Vehicle
Code is amended to read:
12805. (a) The department shall not issue a
driver's license to, or renew a driver's license of, any person:
(a)
(1) Who is not of legal age to receive a driver's
license.
(b)
(2) Whose best corrected visual acuity is 20/200 or
worse in that person's better eye, as verified by an optometrist or
ophthalmologist. No A person
may shall not use a bioptic telescopic or
similar lens to meet the 20/200 visual acuity standards.
(c)
(3) Who is unable, as shown by examination, to
understand traffic signs or signals or who does not have a reasonable
knowledge of the provisions requirements
of this code governing the operations
operation of vehicles upon the highways.
(d)
(4) When it is determined, by examination or other
evidence, that the person is unable to safely operate a motor vehicle
upon a highway.
(e)
(5) Who is unable to read and understand
simple English used in highway traffic and directional
signs. This subdivision does not apply to any person holding
an operator's or chauffeur's license issued by this state and valid
on September 11, 1957.
(f)
(6) Who holds a valid driver's license issued by a
foreign jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.
(g)
(7) Who has ever held, or is the holder of, a license
to drive issued by another state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico, and that license has been suspended by reason, in whole
or in part, of a conviction of a traffic violation until the
suspension period has terminated, except that the department may
issue a license to the applicant if, in the opinion of the
department, it will be safe to issue a license to a person whose
license to drive was suspended by a state that is not a party to the
Driver License Compact provided for in Chapter 6 (commencing with
Section 15000) of Division 6.
(h)
(8) Who has ever held, or is the holder of, a license
to drive issued by another state, territory, or possession of the
United States, the District of Columbia or the Commonwealth of Puerto
Rico, and that license has been revoked by reason, in whole or in
part, of a conviction of a traffic violation, until the revocation
has been terminated or after the expiration of one year from the date
the license was revoked, whichever occurs first, except that the
department may issue a license to the applicant if, in the opinion of
the department, it will be safe to issue a license to a person whose
license to drive was revoked by a state that is not a party to the
Driver License Compact provided for in Chapter 6 (commencing with
Section 15000) of Division 6.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 9. Section 12805 is added to the
Vehicle Code , to read:
12805. (a) The department shall not issue a driver's license to,
or renew a driver's license of, any person:
(1) Who is not of legal age to receive a driver's license.
(2) Whose best corrected visual acuity is 20/200 or worse in that
person's better eye, as verified by an optometrist or
ophthalmologist. A person shall not use a bioptic telescopic or
similar lens to meet the 20/200 visual acuity standards.
(3) Who is unable, as shown by examination, to understand traffic
signs or signals or who does not have a reasonable knowledge of the
requirements of this code governing the operation of vehicles upon
the highways.
(4) When it is determined, by examination or other evidence, that
the person is unable to safely operate a motor vehicle upon a
highway.
(5) Who is unable to read and understand English used in highway
traffic and directional signs.
(6) Who holds a valid driver's license issued by a foreign
jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.
(7) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico,
and that license has been suspended by reason, in whole or in part,
of a conviction of a traffic violation until the suspension period
has terminated, except that the department may issue a license to the
applicant if, in the opinion of the department, it will be safe to
issue a license to a person whose license to drive was suspended by a
state that is not a party to the Driver License Compact provided for
in Chapter 6 (commencing with Section 15000) of Division 6.
(8) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia or the Commonwealth of Puerto Rico,
and that license has been
revoked by reason, in whole or in part, of a conviction of a traffic
violation, until the revocation has been terminated or after the
expiration of one year from the date the license was revoked,
whichever occurs first, except that the department may issue a
license to the applicant if, in the opinion of the department, it
will be safe to issue a license to a person whose license to drive
was revoked by a state that is not a party to the Driver License
Compact provided for in Chapter 6 (commencing with Section 15000) of
Division 6.
(b) The department shall not issue a Real ID driver's license to a
person who holds a valid Real ID identification card.
(c) The department may cancel a driver's license in order to
enable compliance with subdivision (b).
(d) This section shall become operative on January 1, 2018.
SEC. 10. Section 13000 of the Vehicle
Code is amended to read:
13000. (a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for the identification
card.
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen"
. Citizen."
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 11. Section 13000 is added to the
Vehicle Code , to read:
13000. (a) (1) The department may issue an identification card to
any person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for the identification
card.
(2) The department may not issue a Real ID identification card to
a person who holds a Real ID driver's license.
(3) The department may cancel an identification card in order to
enable compliance with paragraph (2).
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen."
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.
(e) This section shall become operative on January 1, 2018.
SEC. 12. Section 13002 of the Vehicle
Code is amended to read:
13002. (a) Except as otherwise provided in subdivision (b),
every each identification card shall
expire, unless canceled earlier, on the sixth birthday of the
applicant following the date of application for the identification
card. Renewal of any identification card, other than a senior citizen
identification card, shall be made for a term which shall expire on
the sixth birthday of the applicant following expiration of the
identification card renewed, unless surrendered earlier. Any
application for renewal received after 90 days after expiration of
the identification card, including a senior citizen identification
card, shall be considered the same as an application for an original
identification card. The department shall, at the end of six years
and six months after the issuance or renewal of an identification
card, other than a senior citizen identification card, destroy any
record of the card if it has expired and has not been renewed.
(b) Every senior citizen identification card issued pursuant to
subdivision (b) of Section 13000 shall expire, unless canceled
earlier, on the 10th birthday of the applicant following the date of
application for the identification card. Renewal of any senior
citizen identification card shall be made for a term which shall
expire on the 10th birthday of the applicant following expiration of
the senior citizen identification card renewed, unless surrendered
earlier. The department shall, at the end of 10 years and six months
after the issuance or renewal of a senior citizen identification
card, destroy any record of the card if it has expired and has not
been renewed.
(c) An identification card may be issued to a person in exchange
for the person's driver's license which is surrendered to the
department for either of the following reasons:
(1) The person has a physical or mental condition and requests
cancellation of the driver's license.
(2) The department has revoked the person's driving privilege
based on the person's physical or mental condition.
That card shall be issued without the payment of any additional
fee.
(d) Notwithstanding subdivisions (a) and (b), the department may
adjust the expiration date of any identification card issued pursuant
to this code so that the date does not exceed the expiration date of
a document submitted pursuant to subdivision (a) of Section 12801.5.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 13. Section 13002 is added to the
Vehicle Code , to read:
13002. (a) Except as otherwise provided in subdivision (b), every
identification card shall expire, unless canceled earlier, on the
sixth birthday of the applicant following the date of application for
the identification card. Renewal of any identification card, other
than a senior citizen identification card, shall be made for a term
which shall expire on the sixth birthday of the applicant following
expiration of the identification card renewed, unless surrendered
earlier. Any application for renewal received after 90 days after
expiration of the identification card, including a senior citizen
identification card, shall be considered the same as an application
for an original identification card. The department shall, at the end
of six years and six months after the issuance or renewal of an
identification card, other than a senior citizen identification card,
destroy any record of the card if it has expired and has not been
renewed.
(b) Every senior citizen identification card issued pursuant to
subdivision (b) of Section 13000 shall expire, unless canceled
earlier, on the eighth birthday of the applicant following the date
of application for the identification card. Renewal of any senior
citizen identification card shall be made for a term which shall
expire on the eighth birthday of the applicant following expiration
of the senior citizen identification card renewed, unless surrendered
earlier. The department shall, at the end of eight years and six
months after the issuance or renewal of a senior citizen
identification card, destroy any record of the card if it has expired
and has not been renewed.
(c) An identification card may be issued to a person in exchange
for the person's driver's license which is surrendered to the
department for either of the following reasons:
(1) The person has a physical or mental condition and requests
cancellation of the driver's license.
(2) The department has revoked the person's driving privilege
based on the person's physical or mental condition.
That card shall be issued without the payment of any additional
fee.
(d) Notwithstanding subdivisions (a) and (b), the department may
adjust the expiration date of any identification card issued pursuant
to this code so that the date does not exceed the expiration date of
a document submitted pursuant to subdivision (a) of Section 12801.5.
(e) This section shall become operative on January 1, 2018.
SEC. 14. Section 13002.1 of the Vehicle
Code is amended to read:
13002.1. (a) The director shall establish by January 1,
2011, a program that permits the renewal of identification
cards by mail or through the department's Internet Web site.
(b) The initial application for the identification card shall be
pursuant to Section 13000. The first renewal for a person 62 years of
age or older shall be for a 10-year period with a maximum of one
renewal by mail or through the department's Internet Web site. All
other renewals shall be for a six-year period with a maximum of two
renewals by mail or through the department's Internet Web site.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 15. Section 13002.1 is added to the
Vehicle Code , to read:
13002.1. (a) The director shall establish a program that permits
the renewal of identification cards by mail or through the department'
s Internet Web site.
(b) The initial application for the identification card shall be
pursuant to Section 13000. After January 1, 2018, the first renewal
for a person 62 years of age or older shall be for an eight-year
period with a maximum of one renewal by mail or through the
department's Internet Web site. All other renewals shall be for a
six-year period with a maximum of two renewals by mail or through the
department's Internet Web site.
(c) This section shall become operative on January 1, 2018.
SEC. 16. Section 34507.5 of the Vehicle
Code is amended to read:
34507.5. (a) A motor carrier, as defined in Section 408, a motor
carrier of property, and a for-hire motor carrier of property, as
defined in Section 34601, shall obtain a carrier identification
number from the department. Application for a carrier identification
number shall be on a form furnished by the department. The
department may furnish the form online and require the form to be
completed and submitted electronically via the department's Internet
Web site. Information provided in connection with an
application for a carrier identification number shall be true
and accurate, and updated by a motor carrier upon request from
the department. department and within 15 days
of any change of address or cessation of regulated activity at any
of the motor carrier's terminals.
(1) A motor carrier required to obtain a carrier identification
number shall first obtain a United States Department of
Transportation number from the Federal Motor Carrier Safety
Administration and provide that number on the application for a
carrier identification number. The department shall not assign a
carrier identification number unless the application includes the
United States Department of Transportation number assigned to, and
properly identifying, the motor carrier.
(2) A motor carrier shall ensure information associated with the
United States Department of Transportation number assigned to the
motor carrier is true and accurate. The information shall be updated
as required by Part 390.19 of Title 49 of the Code of Federal
Regulations, before the motor carrier operates a commercial motor
vehicle, at least once every two calendar years, and within 15 days
of any change of information or cessation of regulated activity.
(b) The carrier identification number assigned to the motor
carrier under whose operating authority or motor carrier permit the
vehicle or combination of vehicles is being operated shall be
displayed on both sides of each vehicle, or on both sides of at least
one motor vehicle in each combination of the following vehicles:
(1) Each vehicle set forth in Section 34500.
(2) A motortruck of two or more axles that is more than 10,000
pounds gross vehicle weight rating.
(3) Any other motortruck or motor vehicle used to transport
property for compensation.
(c) A vehicle or combination of vehicles listed in subdivision (b)
that is operated under a rental agreement with a term of not more
than 30 calendar days shall meet all of the following requirements:
(1) Have displayed on both sides of each vehicle or on both sides
of one of the vehicles in each combination of vehicles the name or
trademark of the lessor.
(2) Have displayed on both sides of each vehicle or on both sides
of one of the vehicles in each combination of vehicles any of the
following numbers issued to the lessor:
(A) The carrier identification number issued by the United States
Department of Transportation.
(B) A valid operating authority number.
(C) A valid motor carrier of property number.
(3) (A) Have in the vehicle or combination of vehicles a copy of
the rental agreement entered into by the lessor and the vehicle
operator.
(B) The rental agreement shall be available for inspection
immediately upon the request of an authorized employee of the
department, a regularly employed and salaried police officer or
deputy sheriff, or a reserve police officer or reserve deputy sheriff
listed pursuant to Section 830.6 of the Penal Code.
(C) If the rented vehicle or combination of vehicles is operated
in conjunction with a commercial enterprise, the rental agreement
shall include the operator's carrier identification number or motor
carrier of property permit number.
(d) A vehicle or combination of vehicles that is in compliance
with Section 390.21 of Title 49 of the Code of Federal Regulations
shall be deemed to be in compliance with subdivision (c).
(e) This section does not apply to any of the following vehicles:
(1) A vehicle described in subdivision (f) of Section 34500, that
is operated by a private carrier as defined in subdivision (d) of
Section 34601, if the gross vehicle weight rating of the towing
vehicle is 10,000 pounds or less, or the towing vehicle is a pickup
truck, as defined in Section 471. This exception does not apply to a
vehicle combination described in subdivision (k) of Section 34500.
(2) A vehicle described in subdivision (g) of Section 34500, that
is operated by a private carrier as defined in subdivision (d) of
Section 34601, if the hazardous material transportation does not
require the display of placards pursuant to Section 27903, a license
pursuant to Section 32000.5, or hazardous waste hauler registration
pursuant to Section 25163 of the Health and Safety Code.
(3) A historical vehicle, as described in Section 5004, and a
vehicle that displays special identification plates in accordance
with Section 5011.
(4) An implement of husbandry as defined in Chapter 1 (commencing
with Section 36000) of Division 16.
(5) A vehicle owned or operated by an agency of the federal
government.
(6) A pickup truck, as defined in Section 471, and a two-axle
daily rental truck with a gross vehicle weight rating of less than
26,001 pounds, when operated in noncommercial use.
(f) Subdivision (b) does not apply to the following:
(1) A vehicle that displays a valid identification number assigned
by the United States Secretary of the Department of Transportation.
(2) A vehicle that is regulated by, and that displays a valid
operating authority number issued by, the Public Utilities
Commission, including a household goods carrier as defined in Section
5109 of the Public Utilities Code.
(3) A for-hire motor carrier of passengers.
(g) The display of the carrier identification number shall be in
sharp contrast to the background, and shall be of a size, shape, and
color that it is readily legible during daylight hours from a
distance of 50 feet.
(h) The carrier identification number for a company no longer in
business, no longer operating with the same name, or no longer
operating under the same operating authority, identification number,
or motor carrier permit shall be removed before sale, transfer, or
other disposal of a vehicle marked pursuant to this section.
SEC. 17. (a) The California Department of Motor
Vehicles shall pilot and evaluate a process to register voters
pursuant to the California New Motor Voter Program (Chapter 4.5
(commencing with Section 2260) of Division 2 of the Elections Code)
to assist persons who do not fully complete the voter registration
process.
(b) Notwithstanding Section 10231.5 of the Government Code, the
department shall report on October 15, 2016, to the Joint Legislative
Budget Committee, on the outcome of this pilot, other process
changes proposed to ensure the full completion of voter registration,
and an evaluation of options for ensuring persons have the
opportunity to fully complete the voter registration process,
including adding additional information technology equipment or fully
automating existing forms.
(c) The department shall notify the Joint Legislative Budget
Committee by September 1, 2016, if it is unable to implement the
pilot process change for any reason.
SEC. 18. 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.
SEC. 19. For the 2016-17 fiscal year, the sum of
three million eight hundred eighty-eight thousand dollars
($3,888,000) is hereby appropriated from the General Fund to the
Department of Motor Vehicles to implement the California New Motor
Voter Program consistent with Chapter 4.5 (commencing with Section
2260) of Division 2 of the Elections Code.
SEC. 20. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the 2016 Budget Act.
