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AB-833 Parking penalties.(2019-2020)

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Date Published: 06/25/2019 09:00 PM
AB833:v98#DOCUMENT

Amended  IN  Senate  June 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 833


Introduced by Assembly Member Lackey

February 20, 2019


An act to amend Section 26070 of the Business and Professions Code, relating to cannabis. Sections 40220 and 40220.5 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 833, as amended, Lackey. Cannabis transportation: safety requirements. Parking penalties.
Existing law authorizes an agency that processes unpaid parking penalties and related service fees to collect those penalties and fees pursuant to one of specified options. Under one option, a processing agency is authorized to file an itemization of unpaid penalties with the Department of Motor Vehicles for the department to collect the penalties along with the registration of the vehicle. Existing law requires a processing agency that uses this option to offer an indigent person a payment plan for them to pay unpaid parking penalties and related service fees in monthly installments of no more than $25 per month for total amounts due that are $300 or less, and requires this option to include a waiver of all late fees and penalty assessments if the indigent person enrolls in the payment plan.
This bill would exclude the amount of those late fees and penalty assessments waived pursuant to that process from being counted in determining the indigent person’s eligibility for the payment plan.

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative statute approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial cannabis activity pursuant to that license and applicable local ordinances. Existing law requires the Bureau of Cannabis Control to establish minimum security and transportation safety requirements for the commercial distribution and delivery of cannabis and cannabis products.

This bill would expressly authorize the bureau to establish additional security requirements for vehicles carrying $1,000,000 or more of cannabis, cannabis products, cash, or a combination of those.

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

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


SECTION 1.

 Section 40220 of the Vehicle Code is amended to read:

40220.
 (a) Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1) (A) File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i) The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I) Allows payment of unpaid parking fines penalties and related service fees to be paid off in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are three hundred dollars ($300) or less. However, unpaid The amount of late fees and penalty assessments waived pursuant to subclause (II) shall not be counted in calculating that total amount of three hundred dollars ($300) or less. Unpaid parking fines penalties and fees shall be paid off within 18 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III) Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV) Allows a person a period of 60 calendar days from the issuance of a notice of parking violation or 10 days after the administrative hearing determination, whichever is later, to file a request to participate in a payment plan.
(ii) The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public Internet Web site, a Web internet website, a web page link and telephone number to more information on the payment program. The linked Internet Web internet web page shall include all of the following information:
(I) The availability of an installment payment plan and the timeframe in which to apply.
(II) The person’s right to request an indigency determination and the timeframe in which he or she the person must apply.
(III) Clear language about how the person can request an indigency determination and what that determination will entail.
(IV) Documents needed by the processing agency to make an indigency determination.
(iii) The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because he or she the person is not indigent.
(B) The processing agency shall allow a person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency files an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C) The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D) (i) By August 1, 2018, each Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I) Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II) Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III) Each California State University and community college district campus shall post the parking citation payment policy on its Internet Web site internet website for students’ awareness and access.
(ii) A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) by August 1, 2018, shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2)  (A) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by any a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against his or her their assets, liens may be placed against his or her their property, his or her their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, that the processing agency may contract with a collection agency to collect the amount of that judgment.
(B) Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b) This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c) (1) For purposes of paragraph (1) of subdivision (a), a person is “indigent” if any of the following conditions is met:
(A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B) The person receives public benefits from any of the programs a program listed in subdivision (a) of Section 68632 of the Government Code.
(2) The person may demonstrate that he or she the person is indigent by providing either of the following information, as applicable:
(A) Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B) Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3) If a defendant’s indigent status is found to have been willfully fraudulent, his or her fines the defendant’s penalties and fees reduction shall be overturned and the full amount of fines penalties and fees shall be restored.

SEC. 2.

 Section 40220.5 of the Vehicle Code is amended to read:

40220.5.
 (a) (1) A processing agency may only use the process set forth in Section 4760 to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, if the processing agency provides indigent persons with the payment plan program described in this section.
(2) A processing agency shall not be required to comply with this section to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to the process set forth in Section 4760 for any a person who does not file an application for an indigency determination, any a person who falls out of compliance with a payment plan, except as set forth in subdivision (d), or any a person who the processing agency has determined is not an indigent person.
(b) A processing agency shall provide notice on its Internet Web site internet website of a person’s ability to request an indigency determination to qualify for a payment plan pursuant to this section. The notice shall include all of the following information:
(1) The availability of a payment plan for indigent persons to pay parking penalties that were issued before July 1, 2018, and related service fees.
(2) Clear language about how a person can request an indigency determination and what that determination will entail.
(3) Documents needed by the processing agency to make an indigency determination.
(c) A processing agency shall provide an indigent person an opportunity to pay unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to a payment plan that, at a minimum, does all of the following:
(1) Allows payment of unpaid parking penalties that were issued before July 1, 2018, and related service fees, to be paid off in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are three hundred dollars ($300) or less. However, unpaid The amount of late fees and penalty assessments waived pursuant to paragraph (2) shall not be counted in calculating that total amount of three hundred dollars ($300) or less. Unpaid parking penalties and related service fees shall be paid off within 18 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(2) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code. Waived late fees and penalty assessments may be reinstated if the indigent person falls out of compliance with the payment plan.
(3) Limits the processing fee to participate in a payment plan to five dollars ($5) or less. The processing fee may be added to the payment plan amount, at the discretion of the indigent person.
(d) A processing agency shall allow an indigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan became delinquent to resume payments. payment.
(e) A processing agency shall rescind the collection of unpaid parking penalties that were issued before July 1, 2018, and related service fees, with the department pursuant to the process set forth in Section 4760 for an indigent person, if the indigent person enrolls in a payment plan pursuant to this section.
(f) “Indigent” shall have the same meaning as set forth in subdivision (c) of Section 40220.
(g) This section shall remain in effect until January 1, 2027, and as of that date is repealed.

SECTION 1.Section 26070 of the Business and Professions Code is amended to read:
26070.

(a)State licenses to be issued by the bureau related to the sale and distribution of cannabis and cannabis products are as follows:

(1)“Retailer,” for the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises that is a physical location from which commercial cannabis activities are conducted. A retailer’s premises may be closed to the public. A retailer may conduct sales exclusively by delivery.

(2)“Distributor,” for the distribution of cannabis and cannabis products. A distributor licensee shall be bonded and insured at a minimum level established by the licensing authority.

(3)(A)“Microbusiness,” for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided the licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in those activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1.

(B)The licensing authorities shall coordinate to establish a process by which an applicant for a microbusiness license can demonstrate compliance with all the requirements under this division for the activities that will be conducted under the license.

(C)The bureau may enter into interagency agreements with licensing authorities to implement and enforce the provisions of this division related to microbusinesses. The costs of activities carried out by the licensing authorities as requested by the bureau pursuant to the interagency agreement shall be calculated into the application and licensing fees collected pursuant to this division, and shall provide for reimbursement to state agencies for associated costs as provided for in the interagency agreement.

(b)The bureau shall establish minimum security and transportation safety requirements for the commercial distribution and delivery of cannabis and cannabis products. The bureau may establish additional security requirements for vehicles carrying one million dollars ($1,000,000) or more of cannabis, cannabis products, cash, or a combination of those. Except as provided in subdivision (d) of Section 26110, the transportation of cannabis and cannabis products shall only be conducted by a person holding a distributor license under this division or an employee of a licensee. Transportation safety standards established by the bureau shall include, but not be limited to, minimum standards governing the types of vehicles in which cannabis and cannabis products may be distributed and delivered and minimum qualifications for persons eligible to operate those vehicles.

(c)The driver of a vehicle transporting or transferring cannabis or cannabis products shall be directly employed by a licensee authorized to transport or transfer cannabis or cannabis products.

(d)Notwithstanding any other law, all vehicles transporting cannabis and cannabis products for hire shall have a valid motor carrier permit pursuant to Chapter 2 (commencing with Section 34620) of Division 14.85 of the Vehicle Code. The Department of the California Highway Patrol shall have authority over the safe operation of these vehicles, including, but not limited to, requiring licensees engaged in the transportation of cannabis or cannabis products to participate in the Basic Inspection of Terminals (BIT) program pursuant to Section 34501.12 of the Vehicle Code.

(e)Prior to transporting cannabis or cannabis products, a licensed distributor shall do both of the following:

(1)Complete an electronic shipping manifest as prescribed by the licensing authority. The shipping manifest shall include the unique identifier, pursuant to Section 26069, issued by the Department of Food and Agriculture for the original cannabis product.

(2)Securely transmit the manifest to the bureau and the licensee that will receive the cannabis product. The bureau shall inform the Department of Food and Agriculture of information pertaining to commercial cannabis activity for the purpose of the track and trace program identified in Section 26067.

(f)During transportation, the licensed distributor shall maintain a physical copy of the shipping manifest and make it available upon request to agents of the Department of Consumer Affairs and law enforcement officers.

(g)The licensee receiving the shipment shall maintain each electronic shipping manifest and shall make it available upon request to the Department of Consumer Affairs and any law enforcement officers.

(h)Upon receipt of the transported shipment, the licensee receiving the shipment shall submit to the licensing authority a record verifying receipt of the shipment and the details of the shipment.

(i)Transporting, or arranging for or facilitating the transport of, cannabis or cannabis products in violation of this chapter is grounds for disciplinary action against the license.

(j)Licensed retailers and microbusinesses, and licensed nonprofits under Section 26070.5, shall implement security measures reasonably designed to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products from the premises. These security measures shall include, but not be limited to, all of the following:

(1)Prohibiting individuals from remaining on the licensee’s premises if they are not engaging in activity expressly related to the operations of the retailer.

(2)Establishing limited access areas accessible only to authorized personnel.

(3)Other than limited amounts of cannabis used for display purposes, samples, or immediate sale, storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.

(k)A retailer shall notify the licensing authority and the appropriate law enforcement authorities within 24 hours after discovering any of the following:

(1)Significant discrepancies identified during inventory. The level of significance shall be determined by the bureau.

(2)Diversion, theft, loss, or criminal activity pertaining to the operation of the retailer.

(3)Diversion, theft, loss, or criminal activity by an agent or employee of the retailer pertaining to the operation of the retailer.

(4)The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers, or retailer employees or agents.

(5)Any other breach of security.

(l)Beginning January 1, 2018, a licensee may sell cannabis or cannabis products that have not been tested for a limited and finite time as determined by the bureau. The cannabis or cannabis products shall have a label affixed to each package containing the cannabis or cannabis product that clearly states “This product has not been tested as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act” and shall comply with any other requirement as determined by the bureau.