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SB-750 Vehicles: Digital license plates.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
SB750:v98#DOCUMENT

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 750


Introduced by Senator Hueso

February 17, 2017


An act to amend Section 1022 of the Water Code, amend Sections 5200 and 5204 of, to add Sections 293, 294, and 4854 to, to add Article 8.7 (commencing with Section 5175) to Chapter 1 of Division 3 of, and to add Chapter 2.7 (commencing with Section 11450) to Division 5 of, the Vehicle Code, relating to water. vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 750, as amended, Hueso. Water lease: water district, water company, or mutual water company. Vehicles: Digital license plates.
Existing law requires a vehicle to display a license plate issued by the Department of Motor Vehicles on the rear of the vehicle. Existing law requires a vehicle to display tabs upon the license plate indicating the month and year of expiration of the vehicle registration and makes it a crime to display expired tabs. Existing law authorizes the department to conduct a pilot program to evaluate the use of alternatives to license plates and registration stickers. Existing law also authorizes the department to enter into contracts with qualified private industry partners to provide specified service relating to the registration of vehicles. Existing law regulates the licensing of persons engaged in the business of a registration service.
This bill would authorize a person who enters into a contract with the department and is licensed as a registration service to provide a digital license plate, as defined, and would provide requirements for a digital license plate. The bill would allow a digital license plate and digital registration tabs to be displayed on a vehicle in lieu of a rear license plate issued by the department. The bill would authorize a digital license plate provider to provide specialized digital license plates approved by the department and to receive donations and collect a fee for a specialized digital license plate. The bill would authorize a digital license plate provider to enter into a payment arrangement with a customer that includes a prorated monthly payment of registration fees. The bill would require a digital license plate provider to wirelessly update the registration tab display on a digital license plate, and to cancel or revoke a registration tab at the request of the department.
By allowing for the automatic updating of registration tabs, this bill would extend the application of the crime of displaying expired tabs to more persons, thereby creating 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.

Existing law authorizes water districts, water companies, and mutual water companies to enter into water lease agreements, as prescribed.

This bill would make nonsubstantive changes in these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 293 is added to the Vehicle Code, to read:

293.
 A “digital license plate” is an electronic display, meeting the requirements set forth in Section 4854, that is mounted on the rear of a vehicle in lieu of a license plate issued by the department.

SEC. 2.

 Section 294 is added to the Vehicle Code, to read:

294.
 A “digital license plate provider” is a person engaged in the business of providing digital license plate hardware and services to vehicle owners, including the sale or lease of digital license plate hardware, processing of registration and collection of registration fees, and issuance of a digital license plate or specialized digital license plate and registration tab images displayed on a digital license plate.

SEC. 3.

 Section 4854 is added to the Vehicle Code, to read:

4854.
 (a) A digital license plate shall comply with all of the following criteria:
(1) Have a display screen that is rectangular in shape, 12 inches in length, and 6 inches in width.
(2) Display the registration number assigned to the vehicle in number and letter characters that have a minimum height of two and three-quarter inches, a minimum width of one and one-quarter inches, and a minimum spacing between characters of five-sixteenths of an inch.
(3) Display the word “California” or the abbreviation “Cal.”
(4) Display the month and year of the expiration of the registration.
(5) Be capable of being securely mounted on the rear of a vehicle in compliance with Section 5201.
(6) Be visible and legible in all lighting conditions and if photographed.
(7) Actively display at all times, including when the vehicle is parked.
(8) Have the capability to be wirelessly updated by the digital license plate provider or the department via a secure connection.
(b) A digital license plate and any plate design displayed on a digital license plate shall not be issued or displayed without the prior determination and approval of the department, in consultation with the Department of the California Highway Patrol, that the plate number, registration expiration, and state are sufficiently legible.

SEC. 4.

 Article 8.7 (commencing with Section 5175) is added to Chapter 1 of Division 3 of the Vehicle Code, to read:
Article  8.7. Specialized Digital Displays

5175.
 (a) A digital license plate provider may offer a specialized license plate design to an applicant with a digital license plate issued by that provider.
(b) A digital license plate provider may require a donation for a specialized license plate design. The full amount of the donation collected be the provider shall be remitted to the organization benefited by the specialized license plate design.
(c) A digital license plate provider may charge a fee set by the department in addition to the required donation to pay for the design and administrative costs of issuing the specialized design.
(d) Any specialized license plate design issued by a digital license plate provider for display on a digital license plate must be approved pursuant to Sections 4854 and 5176.

5176.
 (a) The Legislature hereby finds and declares that the placement of a design or message on a California license plate is a reflection of the government, state, and people of California that is carried across the highways of this country. California residents embrace a wide array of passions, interests, hobbies, and pursuits, and the digital license plate program gives these California residents a wide array of choices. However, it is the intent of the Legislature to limit this selection to those designs and messages that reflect positively on the state and that are not inconsistent with California’s unwavering commitment to equality, safety, and quality of life for its residents.
(b) A specialty plate design shall not be issued or displayed without the prior approval of the department, which has the authority to reject any design that contains obscene language or images, promotes alcohol or drugs, contains hateful or discriminatory language or images, is likely to incite confrontation, or, otherwise, in the opinion of the department, reflects poorly on the state, government, and people of California.

SEC. 5.

 Section 5200 of the Vehicle Code is amended to read:

5200.
 (a) When Except as otherwise provided in subdivision (c), when two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.
(b) When only one license plate is issued for use upon a vehicle, it shall be attached to the rear thereof, unless the license plate is issued for use upon a truck tractor, in which case the license plate shall be displayed in accordance with Section 4850.5.
(c) A digital license plate issued by a licensed digital license plate provider and compliant with Section 4854 may be attached to the rear of the vehicle for which it was issued in lieu of a license plate issued by the department. If a digital license plate is attached to a vehicle pursuant to this subdivision, a license plate issued by the department shall be attached to the front of the vehicle.

SEC. 6.

 Section 5204 of the Vehicle Code is amended to read:

5204.
 (a) Except as provided by subdivisions (b) and (c), a tab shall indicate the year of expiration and a tab shall indicate the month of expiration. Current month and year tabs shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which license plates were issued, and, when so attached, the license plate with the tabs shall, for the purposes of this code, be deemed to be the license plate, except that truck tractors, and commercial motor vehicles having a declared gross vehicle weight of 10,001 pounds or more, shall display the current month and year tabs upon the front license plate assigned to the truck tractor or commercial motor vehicle. Vehicles that fail to display current month and year tabs or display expired tabs are in violation of this section.
(b) The requirement of subdivision (a) that the tabs indicate the year and the month of expiration does not apply to fleet vehicles subject to Article 9.5 (commencing with Section 5300) or vehicles defined in Section 468.
(c) Subdivision (a) does not apply when proper application for registration has been made pursuant to Section 4602 and the new indicia of current registration have not been received from the department.
(d) This section is enforceable against any motor vehicle that is driven, moved, or left standing upon a highway, or in an offstreet public parking facility, in the same manner as provided in subdivision (a) of Section 4000.
(e) A vehicle utilizing a digital license plate in lieu of a license plate issued by the department, shall display electronic tabs indicating the month and year of expiration in the same location, size, and color as a tab issued by the department. A digital license plate provider shall ensure that the electronic tabs displayed on a digital license plate accurately indicate the current registration status of the vehicle.

SEC. 7.

 Chapter 2.7 (commencing with Section 11450) is added to Division 5 of the Vehicle Code, to read:
CHAPTER  2.7. Digital License Plate Providers

11450.
 (a) A digital license plate provider may enter into a contract with the department pursuant to Section 1685.
(b) A digital license plate provider shall be licensed by the department as a registration service pursuant to Chapter 2.5 (commencing with Section 11400).
(c) A digital license plate provider that has entered into a contract with the department and is properly licensed is authorized to provide the following services:
(1) Selling, leasing, installation, and repair of digital license plate hardware.
(2) Issuing a digital license plate image by causing such an image, including registration tabs, to be displayed upon a digital license plate. A provider may charge a reasonable monthly or annual fee, as determined by the department, for providing this service.
(3) Processing vehicle registrations and renewals and collecting registration fees. A provider may charge a fee, not to exceed the amount set by the department pursuant to Section 1685, for providing this service.
(4) Entering into a payment arrangement with a customer, allowing the customer to pay a monthly fee to the provider for hardware, service, and prorated monthly registration fees.
(5) Providing a specialty license plate pursuant to Article 8.7 (commencing with Section 5175) of Chapter 1 of Division 3.
(6) Updating digital registration tabs displayed on a digital license plate or canceling current registration tabs at the request of the department. A digital license plate provider shall not cancel or revoke registration by turning off a digital license plate or causing it to not display the registration number. Registration shall be revoked by changing the registration tab display to an expired date or by displaying the word “EXPIRED” in the place of the tab, as approved by the department.

SEC. 8.

 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.
SECTION 1.Section 1022 of the Water Code is amended to read:
1022.

(a)If the water subject to the lease is held by a district, the following provisions apply:

(1)The governing body of the district may, by a resolution adopted and entered in its minutes, determine that the district should lease water pursuant to this chapter, or, if otherwise required by law, determine that an election should be held to lease water pursuant to this chapter. The district shall administer any water lease and determine whether water is in excess of the needs of the district and is available for a lease.

(2)Any water lease administered by the district shall include provisions to achieve all of the following:

(A)Establish a schedule for district water users to provide written notice of the intention to participate in a water lease.

(B)Establish a minimum price for the water available for leasing to maintain the financial integrity of the district and enter into leases for that water at market values at or above the minimum price.

(C)Annually distribute the net monetary proceeds to water users in the district who have participated in the water leases, according to district water allocation policies, after first deducting district costs. These costs include, but are not limited to, the cost of the water, whether or not water is delivered, the costs of conveyance, distribution and development facilities, lease administration, and other appropriate district costs apportioned to water users in the district who forego the use of district water to participate in the water lease.

(3)Participation in a water lease administered by the district pursuant to this section is deemed to be a public service generally provided by the public body or board for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code.

(b)For the purposes of this section, “district” means a water district, a water company, or a mutual water company.