Bill Text: CA SB789 | 2015-2016 | Regular Session | Amended
Bill Title: Sale of water by local public entities: excise tax.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB789 Detail]
Download: California-2015-SB789-Amended.html
BILL NUMBER: SB 789 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2015
AMENDED IN SENATE MAY 11, 2015
INTRODUCED BY Senator Wieckowski
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 16072 of the
Vehicle Code, relating to driver's licenses. An act to
add Chapter 3.1 (com mencing with Section 7287.20) to
Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to
water .
LEGISLATIVE COUNSEL'S DIGEST
SB 789, as amended, Wieckowski. Driver's license
suspension: restricted privilege. Sale of water by
local public entities: excise tax.
The California Constitution prohibits the Legislature from
imposing taxes for local purposes, but allows the Legislature to
authorize local governments to impose them.
This bill would authorize a local public entity that supplies
water at retail or wholesale for the benefit of persons within the
service area or area of jurisdiction of that public entity to impose,
by ordinance, an excise tax on an excessive user of water, at a rate
not to exceed 300% of the purchase price of the water, if the
ordinance proposing the tax is approved by 2/3 of the electors voting
on the measure and the revenue from the tax is equally distributed
between the public entity and the State Water Resources Control Board
for water conservation efforts within the jurisdiction of the public
entity.
Existing law requires the Department of Motor Vehicles to suspend
the driving privilege of a person who is involved in an accident and
fails to provide evidence of financial responsibility, as specified,
at the time of the accident. Under existing law, the suspension
period is one year, as specified, except that the suspension must be
reinstated if the person fails to maintain proof of financial
responsibility for 3 years. However, upon application and if certain
criteria are met, the department may restrict the person's driving
privilege, in lieu of suspending it pursuant to this provision, in
specified situations.
This bill would, commencing July 1, 2016, also authorize the
department to restrict a person's driving privilege, in lieu of
suspending it, in order to allow the person to drive to school. For
purposes of this authorization, the bill would define "school" to
mean a California community college campus, a California State
University campus, a University of California campus, or a private
postsecondary educational institution.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.1 (commencing with Section
7287.20) is added to Part 1.7 of Division 2 of the Revenue
and Taxation Code , to read:
CHAPTER 3.1. EXCISE WATER TAX
7287.20. (a) A local public entity that supplies water at retail
or wholesale for the benefit of persons within the service area or
area of jurisdiction of that public entity may impose, by ordinance,
an excise tax on an excessive user of water, at a rate not to exceed
300 percent of the purchase price of the water, if both of the
following conditions are met:
(1) The ordinance proposing that tax is approved by two-thirds of
the electors voting on the measure pursuant to Article XIII C of the
California Constitution.
(2) The revenue from the tax is equally distributed between the
public entity and the State Water Resources Control Board for local
water conservation efforts within the jurisdiction of that public
entity. The local water conservation efforts may have cobenefits with
other regions in the state.
(b) A tax imposed pursuant to this section may be in addition to
any other tax authorized by this division.
SECTION 1. Section 16072 of the Vehicle Code is
amended to read:
16072. (a) The suspension of the driving privilege of a person as
provided in Section 16070 shall not be terminated until one year has
elapsed from the date of actual commencement of the suspension and
until the person files proof of financial responsibility as provided
in Chapter 3 (commencing with Section 16430), except that the
suspension shall be reinstated if the person fails to maintain proof
of financial responsibility for three years. However, in lieu of
suspending a person's driving privilege pursuant to this section, the
department, upon application, if the person files and thereafter
maintains proof of financial responsibility as provided in this
section and pays a penalty fee to the department of two hundred fifty
dollars ($250), may restrict the person's driving privilege to any
of the following situations:
(1) Necessary travel to and from that person's place of
employment.
(2) Driving that is required in the person's course of employment,
when driving a motor vehicle is necessary in order to perform the
duties of the person's primary employment.
(3) Necessary travel to transport a minor dependent in that person'
s immediate family to and from an institute of primary or secondary
instruction, if the chief administrative officer or principal of the
educational institution certifies in writing to the department that
the minor dependent is enrolled in the educational institution and no
form of public transportation or schoolbus is available between the
applicant's place of residence and the educational institution.
The restriction shall remain in effect for the period of
suspension required by this section, so long as proof of financial
responsibility is maintained.
(b) If a suspension has been imposed under Section 16070 and one
year has elapsed from the date the suspension actually commenced,
that suspension shall be terminated if the driving privilege is
suspended under Section 16370 or 16381 as the result of a judgment
arising out of the accident for which proof of financial
responsibility was required to be established. The department may
reimpose the suspension of the driving privilege of a person under
Section 16070 if the suspension under Section 16370 or 16381 is later
set aside for a reason other than that the person has satisfied the
judgment in full or to the extent provided in Chapter 2 (commencing
with Section 16250) and has given proof of ability to respond in
damages as provided in Chapter 3 (commencing with Section 16430).
(c) Notwithstanding Chapter 2 (commencing with Section 42200) of
Division 18, all revenues derived from the penalty fees provided in
subdivision (a) shall, after deduction by the department of the costs
incurred by the department in administering this section, be
deposited in the Financial Responsibility Penalty Account in the
General Fund. The balance in this fund on each July 1, which is not
subject to appropriation as provided in Section 12980 of the
Insurance Code, shall revert to the General Fund.
(d) (1) Subdivision (a) does not apply to a commercial driver's
license holder.
(2) A commercial driver's licenseholder whose driving privilege is
otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver's license and is issued a noncommercial class C or
M driver's license.
(e) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 16072 is added to the Vehicle
Code, to read:
16072. (a) The suspension of the driving privilege of a person as
provided in Section 16070 shall not be terminated until one year has
elapsed from the date of actual commencement of the suspension and
until the person files proof of financial responsibility as provided
in Chapter 3 (commencing with Section 16430), except that the
suspension shall be reinstated if the person fails to maintain proof
of financial responsibility for three years. However, in lieu of
suspending a person's driving privilege pursuant to this section, the
department, upon application, if the person files and thereafter
maintains proof of financial responsibility as provided in this
section and pays a penalty fee to the department of two hundred fifty
dollars ($250), may restrict the person's driving privilege to any
of the following situations:
(1) Necessary travel to and from that person's place of
employment.
(2) Driving that is required in the person's course of employment,
when driving a motor vehicle is necessary in order to perform the
duties of the person's primary employment.
(3) Driving himself or herself to or from school. For purposes of
this paragraph, "school" means a California community college campus,
a California State University campus, a University of California
campus, or a private postsecondary educational institution.
(4) Necessary travel to transport a minor dependent in that person'
s immediate family to and from an institute of primary or secondary
educational instruction, if the chief administrative officer or
principal of the educational institution certifies in writing to the
department that the minor dependent is enrolled in the educational
institution and no form of public transportation or schoolbus is
available between the applicant's place of residence and the
educational institution.
(b) The restriction shall remain in effect for the period of
suspension required by this section, so long as proof of financial
responsibility is maintained.
(c) If a suspension has been imposed under Section 16070 and one
year has elapsed from the date the suspension actually commenced,
that suspension shall be terminated if the driving privilege is
suspended under Section 16370 or 16381 as the result of a judgment
arising out of the accident for which proof of financial
responsibility was required to be established. The department may
reimpose the suspension of the driving privilege of a person under
Section 16070 if the suspension under Section 16370 or 16381 is later
set aside for a reason other than that the person has satisfied the
judgment in full or to the extent provided in Chapter 2 (commencing
with Section 16250) and has given proof of ability to respond in
damages as provided in Chapter 3 (commencing with Section 16430).
(d) Notwithstanding Chapter 2 (commencing with Section 42200) of
Division 18, all revenues derived from the penalty fees provided in
subdivision (a) shall, after deduction by the department of the costs
incurred by the department in administering this section, be
deposited in the Financial Responsibility Penalty Account in the
General Fund. The balance in this fund on each July 1, which is not
subject to appropriation as provided in Section 12980 of the
Insurance Code, shall revert to the General Fund.
(e) (1) Subdivision (a) does not apply to a commercial driver's
license holder.
(2) A commercial driver's licenseholder whose driving privilege is
otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver's license and is issued a noncommercial class C or
M driver's license.
(f) This section shall become operative on July 1, 2016.
