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AB-867 Department of Transportation.(2019-2020)

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Date Published: 01/06/2020 09:00 PM
AB867:v98#DOCUMENT

Amended  IN  Assembly  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 867


Introduced by Assembly Member Wood

February 20, 2019


An act to add Sections 1680 and 4602.5 to the Vehicle Code, relating to the vehicles. An act to amend Section 104.6 of the Streets and Highways Code, relating to highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 867, as amended, Wood. Department of Motor Vehicles. Department of Transportation.
Existing law authorizes the Department of Transportation to acquire real property for future highway purposes. Existing law requires structures maintained or allowed to remain on property that has been acquired for future highway needs to be maintained in conformance with applicable city or county building and safety ordinances.
This bill would specify that safety ordinances, for the purposes of the provision described above, include an ordinance requiring a property owner to abate weeds. The bill would require the department to comply with a notice of weed abatement issued by a city or county fire department or fire chief, or their designee, pursuant to a safety ordinance to property owned by the department within 60 days of the notice. The bill would entitle a city or county to reimbursement for actions taken by the city or county to abate weeds that the department fails to abate 60 days after receipt of the notice of weed abatement if the city or county makes specified findings at a regularly scheduled public hearing.

Existing law authorizes the Department of Motor Vehicles to assess and collect certain fees, including an annual fee for the registration of a vehicle.

This bill would require the department, by no later than July 1, 2020, to accept credit cards as payment for any fees at all of its field offices. The bill would also require the department, by no later than July 1, 2020, to allow annual vehicle registration fees to be paid in monthly, bimonthly, or semiannual installment payments. The bill would require the department to adopt regulations to implement the acceptance of installment payments.

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

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


SECTION 1.

 Section 104.6 of the Streets and Highways Code is amended to read:

104.6.
 (a) (1) The authority conferred by this code to acquire real property for state highway purposes includes authority to acquire for future needs. Structures maintained or allowed to remain on property which has been acquired, or is acquired in the future, for future highway needs shall be maintained in conformance with standards established in the building and safety ordinances of the city or county having jurisdiction. The standards to which such structure shall be made to conform are those standards, except for such variances as may be applicable to the structure when acquired, of the city or county having jurisdiction which are in effect at the time of acquisition by the department.
(2) (A) For purposes of paragraph (1), “safety ordinances” include an ordinance requiring a property owner to abate weeds.
(B) The department shall comply with a notice of weed abatement issued by a city or county fire department or fire chief, or their designee, pursuant to a safety ordinance to property owned by the department within 60 days of the notice.
(C) A city or county shall be entitled to reimbursement for actions taken by the city or county to abate weeds that the department fails to abate 60 days after receipt of the notice of weed abatement if the city or county makes the following findings at a regularly scheduled public hearing:
(i) The department’s failure to comply with the notice of weed abatement creates a significant fire risk.
(ii) The actions taken by the city or county to abate the weeds was necessary to mitigate that fire risk.

The

(b) The department is authorized to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the director may fix and to maintain and care for such property in order to secure rent therefrom. Except for any rent required under the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 17), or any bond indenture executed under that act, to be deposited in some other fund, all such rent shall be deposited to the credit of the State Highway Account in the State Transportation Fund. Twenty-four percent of such rent in the State Highway Account shall be allocated pursuant to Section 104.10.

Whenever

(c) Whenever it is determined by the department that any rental revenue collected under this section represents overpayment or payment in duplicate, the department may make refund of such overpayment or payment in duplicate from the State Highway Account.

Any

(d) Any reference in any law or regulation to the Highway Properties Rental Fund or to the Highway Properties Rental Account in the Transportation Tax Fund shall be deemed to refer to the State Highway Account.

SECTION 1.Section 1680 is added to the Vehicle Code, to read:
1680.

The department shall, by no later than July 1, 2020, accept credit cards for the payment of all fees in all field offices.

SEC. 2.Section 4602.5 is added to the Vehicle Code, to read:
4602.5.

(a)The department shall, by no later than July 1, 2020, allow annual registration fees to be paid in monthly, bimonthly, or semiannual installment payments.

(b)The department shall adopt regulations to implement the requirements of subdivision (a).

(c)For purposes of this division, any reference to registration being paid in full shall include a registration for which installment payments are being made pursuant to this section, if payments are current.