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SB-76 Vehicles: driver’s licenses and foreign vehicle registrations.(2017-2018)

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Date Published: 08/23/2018 04:00 AM
SB76:v95#DOCUMENT

Amended  IN  Assembly  August 22, 2018
Amended  IN  Assembly  August 16, 2018
Amended  IN  Assembly  June 29, 2017
Amended  IN  Senate  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 76


Introduced by Senator Bates

January 10, 2017


An act to amend Sections 4152.5 and 12816 4152.5, 12505, 14900.1, and 14901 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 76, as amended, Bates. Vehicles: driver’s licenses and foreign vehicle registrations expiring in 2018. registrations.

Under

(1) Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles (DMV) within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California.
This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department DMV within 110 90 days following the date registration became due.

Existing law provides that an original or renewed driver’s license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license.

This bill would extend the expiration date by 90 days for an original or renewed driver’s license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018.

(2) Existing law prohibits the operation of a motor vehicle without a driver’s license obtained from the DMV, except as specified. Existing law exempts specified nonresidents from the driver’s license requirement, and further authorizes a person entitled to one of those exemptions to operate a motor vehicle in the state for no more than 10 days from the date he or she establishes residence in this state, except as specified.
This bill would extend the period for which a person who is entitled to one of the above-mentioned exemptions and who establishes residence in this state in 2018 may operate a vehicle in the state to 90 days from the date he or she establishes residence in this state.
(3) Existing law requires an applicant for the renewal of a driver’s license to pay to the DMV a fee of $30 for that renewal. Existing law also requires a fee of $24 to be paid to the DMV upon an application for a duplicate driver’s license.
This bill would waive those fees for a person who renews his or her driver’s license in person, or applies for a duplicate driver’s license in person, before October 1, 2020, to obtain a Real ID driver’s license if that person had previously renewed his or her license by mail or on the DMV’s Internet Web site for a license that expired between September 1, 2018, and January 31, 2019.

This

(4) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4152.5 of the Vehicle Code is amended to read:

4152.5.
 (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.
(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 90 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application.

SEC. 2.Section 12816 of the Vehicle Code is amended to read:
12816.

(a)(1)Each original driver’s license expires on the fifth birthday of the applicant following the date of the application for the license.

(2)Each original or renewed driver’s license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.

(b)Renewal of a driver’s license shall be made for a term that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.

(c)The department may accept application for a renewal of a driver’s license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.

(d)The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The driver’s license issued from that application expires on the fifth birthday of the applicant following the date of the application.

(e)Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any driver’s license issued pursuant to this code.

SEC. 2.

 Section 12505 of the Vehicle Code is amended to read:

12505.
 (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

Prima

(2) Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher education.
(C) Filing a homeowner’s property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

(2)

(3) California residency is required of a person in order to be issued a commercial driver’s license under this code.
(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.
(c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.
(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial driver’s license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:
(1) An existing commercial driver’s license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.
(2) A person who is a resident of this state may obtain a nondomiciled commercial learner’s permit or commercial driver’s license from any state that elects to issue a nondomiciled commercial learner’s permit or commercial driver’s license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(3) For the purposes of this subdivision, a nondomiciled commercial learner’s permit or commercial driver’s license is a commercial learner’s permit or commercial driver’s license issued by a state to an individual domiciled in a foreign country or in another state.
(e) The department may issue a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver’s license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.
(g) A person who is 18 years of age or older and in possession of a valid commercial learner’s permit or commercial driver’s license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.
(h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learner’s permit or commercial driver’s license from the department before operating on the highways a motor vehicle for which a commercial driver’s license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial driver’s license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.
(i) This section does not authorize the employment of a person in violation of Section 12515.
(j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.

SEC. 3.

 Section 14900.1 of the Vehicle Code is amended to read:

14900.1.
 (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a driver’s license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.
(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.
(c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her driver’s license in person before October 1, 2020, to obtain a Real ID driver’s license if that person had previously renewed his or her license by mail or on the department’s Internet Web site for a license that expired between September 1, 2018, and January 31, 2019.

SEC. 4.

 Section 14901 of the Vehicle Code is amended to read:

14901.
 (a) Upon an application for a duplicate driver’s license or for a change of name on a driver’s license, a fee of nineteen dollars ($19), and on and after January 1, 2010, a fee of twenty-four dollars ($24), shall be paid to the department.
(b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate driver’s license in person before October 1, 2020, to obtain a Real ID driver’s license if that person had previously renewed his or her license by mail or on the department’s Internet Web site for a license that expired between September 1, 2018, and January 31, 2019.

SEC. 3.SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address significant wait times for renewal of driver’s licenses and license renewals, driver’s licenses for certain persons who establish residency in the state in 2018, and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately.