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SB-174 Vehicles.(2021-2022)

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Date Published: 09/04/2021 08:13 PM
SB174:v98#DOCUMENT

Amended  IN  Assembly  September 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 174


Introduced by Committee on Budget and Fiscal Review

January 08, 2021


An act relating to the Budget Act of 2021. to amend Sections 1656, 1663, 1666, 12800, 12802, 13000, 15632, 16508, and 34507.5 of, and to amend, repeal, and add Section 12814.5 of, the Vehicle Code, relating to vehicles, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


SB 174, as amended, Committee on Budget and Fiscal Review. Budget Act of 2021. Vehicles.
(1) Existing law establishes the Department of Motor Vehicles in the Transportation Agency and prescribes the department’s powers and duties. Existing law requires the department to publish the complete text of the Vehicle Code together with other laws relating to the use of highways or the operation of motor vehicles once every 2 years, to be distributed, upon request, to state and local governmental officers or agencies, federal agencies, public secondary schools in the state, and any other person, at a charge sufficient to pay the entire cost of publication and distribution. Existing law requires receipts from the sale of those publications to be deposited in the Motor Vehicle Account, to reimburse the department for the entire cost to print and distribute the code. Existing law also requires the department to publish a synopsis or summary of the synopsis or summary without charge with each original vehicle registration and each original driver’s license. Existing law requires the department to publish copies of the synopsis or summary, as specified, and to furnish copies to its field offices and to law enforcement agencies for general distribution, without charge.
This bill would delete the requirements relating to the publication and distribution of the complete text of the Vehicle Code and would make various technical and conforming changes.
Existing law requires the department to issue a driver’s license to an applicant when the department determines that the applicant is lawfully entitled to a license. Existing law requires the application for an original driver’s license or renewal of a driver’s license to contain specified information, including a legible thumbprint or fingerprint. Existing law requires every original application for a driver’s license and identification to be signed and verified by the applicant.
This bill would require the department to verify that the applicant’s thumbprint or fingerprint is on file before issuing a driver’s license or an identification card. This bill would also require that an original application for a driver’s license or identification card be signed under penalty of perjury. By expanding the crime of perjury in this manner, this bill would impose a state-mandated local program.
Existing law authorizes the Director of Motor Vehicles to establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail for licensees who meet specified criteria. Existing law prohibits driver’s license renewal by mail for a person 70 years of age or older.
This bill would suspend that prohibition until January 1, 2023.
(2) Existing law requires an insurer that issues specified private passenger liability insurance policies and coverages to submit reports to the Department of Motor Vehicles of all motor vehicle liability policies or coverages issued, changed, or terminated, as specified. Existing law requires these reports to be submitted electronically.
This bill would, on or before January 1, 2023, additionally require an insurer that issues commercial and fleet insurance policies to submit these reports electronically.
(3) Existing federal law requires a motor carrier, as defined, to file an application form with the Federal Motor Carrier Safety Administration to obtain a United States Department of Transportation number before beginning operations and every 24 months thereafter, as specified. Existing federal law, among other provisions, establishes identification requirements applicable to rented carriers for which the rental agreement or lease is 30 or fewer calendar days, as prescribed.
Existing law requires, except as specified, a motor carrier, motor carrier of property, and for-hire motor carrier of property to obtain a carrier identification number from the Department of the California Highway Patrol and requires the carrier identification number to be displayed on both sides of each vehicle or on both sides of at least one motor vehicle in each combination of specified vehicles. Existing law requires information provided in connection with an application for a carrier identification to be true and accurate, and to be updated at the request of the department and within 15 days of a change of address or cessation of regulated activity.
Existing law requires a vehicle or combination of vehicles operating under a rental agreement with a term of 30 or fewer calendar days to meet specified identification requirements that are consistent with the federal identification requirements. A violation of the provisions relating to motor carrier identification numbers is punishable as an infraction.
This bill, with respect to motor carriers, would limit the carrier identification number requirement to those whose principal place of business is in this state, who operate from a terminal in this state, or who are required to be licensed to transport hazardous materials, as specified. The bill would revise the requirement to update motor carrier information to also include updating the resumption of regulated activity. The bill would expressly exempt the above-referenced rental vehicles that meet federal identification requirements from the requirement to display a motor carrier identification number. The bill would make technical and conforming changes.
(4) This bill would appropriate $1,630,000 from the General Fund to the State Transportation Agency, to be allocated to the San Francisco Metropolitan Transportation Authority for the Fulton Street Safety and Transit Project west of Arguello Street, as specified.
(5) 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.
(6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.

SECTION 1.

 Section 1656 of the Vehicle Code is amended to read:
1656.

(a)The department shall publish the complete text of the California Vehicle Code together with other laws relating to the use of highways or the operation of motor vehicles once every two years. The department, upon written request of any state or local governmental officer or agency, any federal agency, any public secondary school in this state, or any other person, shall distribute the California Vehicle Code at a charge sufficient to pay the entire cost of publishing and distributing the code. With regard to public secondary schools, the quantities shall be sufficient to provide one copy for each driver training and education instructor and one copy for each public secondary school library. In determining the amount of the charge, a fraction of a dollar shall be disregarded, unless it exceeds fifty cents ($0.50), in which case it shall be treated as one full dollar ($1). The receipts from the sale of such publications shall be deposited in the Motor Vehicle Account, with the intent to reimburse the department for the entire cost to print and distribute the Vehicle Code.

(b)

1656.
 The department shall publish a synopsis or summary of the laws regulating the operation of vehicles and the use of the highways and may deliver a copy thereof of the synopsis or summary without charge with each original vehicle registration and with each original driver’s license. The department shall publish such number of as many copies of the synopsis or summary in the Spanish language as the director determines are needed to meet the demand for such those copies. The department shall furnish both English and Spanish copies to its field offices and to law enforcement agencies for general distribution and, when it does so, shall furnish the copies without charge.

SEC. 2.

 Section 1663 of the Vehicle Code is amended to read:

1663.
 (a) The department shall, in the synopsis or summary of laws regulating the operation of vehicles and the use of the highways published under subdivision (b) of Section 1656, provide a warning which states that, in certain accidents, the lack of a shoulder harness may cause, or aggravate, serious and fatal injuries, especially to the head, spinal column, and abdominal organs.
(b) Nothing in this section limits or impairs This section does not limit or impair the rights or remedies that are otherwise available to any person under existing law.

SEC. 3.

 Section 1666 of the Vehicle Code is amended to read:

1666.
 The department shall do all of the following:
(a) Include at least one question in each test of an applicant’s knowledge and understanding of the provisions of this code, as administered pursuant to Section 12804 12804.9 or 12814, to verify that the applicant has read and understands the table of blood alcohol concentration published in the Driver’s Handbook made available pursuant to subdivision (b) of Section 1656. In order to minimize costs, the question or questions shall be initially included at the earliest opportunity when the test is otherwise revised or reprinted.
(b) Include with each driver’s license or certificate of renewal and each vehicle registration renewal mailed by the department, information that shows with reasonable certainty the amount of alcohol consumption necessary for a person to reach a 0.08 percent blood alcohol concentration by weight.
(c) Include at least one question in each test of an applicant’s knowledge and understanding of the provisions of this code as administered pursuant to Section 12804 12804.9 or 12814, to verify that the applicant has read and understands the rights of pedestrians. In order to minimize costs, the question or questions shall be initially included at the earliest opportunity when the test is otherwise revised or reprinted.

SEC. 4.

 Section 12800 of the Vehicle Code, as added by Section 18 of Chapter 853 of the Statutes of 2017, is amended to read:

12800.
 Each application for an original or a renewal of a driver’s license shall contain all of the following information:
(a) (1) The applicant’s true full name, age, gender category, mailing address, residence address, and social security account number.
(2) The applicant shall choose their gender category of female, male, or nonbinary.
(3) The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender category other than the following:
(A) The applicant’s self-certification of their chosen gender category.
(B) Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant. applicant, which has been confirmed by the department to be on file prior to issuance of a driver’s license.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects his or her their ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.
(k) The department shall adopt regulations to provide a process for an amendment to a gender category.

(l)This section shall take effect on January 1, 2019, and shall become operative pursuant to subdivision (m).

(m)

(l) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site. internet website.

SEC. 5.

 Section 12802 of the Vehicle Code is amended to read:

12802.
 Every original application shall be signed and verified by the applicant before a person authorized to administer oaths under penalty of perjury and the applicant shall submit such evidence of age as the department may require, and, if the applicant is a minor, the application shall also be signed and verified as provided in Chapter 2 (commencing with Section 17700) of Division 9.

SEC. 6.

 Section 12814.5 of the Vehicle Code is amended to read:

12814.5.
 (a) The director may establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail. Pursuant to that program, the department may renew by mail driver’s licenses for licensees not holding a probationary license, and whose records, for the two years immediately preceding the determination of eligibility for the renewal, show no notification of a violation of subdivision (a) of Section 40509, a total violation point count not greater than one as determined in accordance with Section 12810, no suspension of the driving privilege pursuant to Section 13353.2, and no refusal to submit to or complete chemical testing pursuant to Section 13353 or 13353.1.
(b) The director may terminate the renewal by mail program authorized by this section at any time the department determines that the program has an adverse impact on traffic safety.

(c)No renewal by mail shall be granted to any person who is 70 years of age or older.

(d)

(c) The department shall notify each licensee granted a renewal by mail pursuant to this section of major changes to the Vehicle Code affecting traffic laws occurring during the prior five-year period.

(e)

(d) The department shall not renew a driver’s license by mail if the license has been previously renewed by mail two consecutive times for five-year periods.
(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 7.

 Section 12814.5 is added to the Vehicle Code, to read:

12814.5.
 (a) The director may establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail. Pursuant to that program, the department may renew by mail driver’s licenses for licensees not holding a probationary license, and whose records, for the two years immediately preceding the determination of eligibility for the renewal, show no notification of a violation of subdivision (a) of Section 40509, a total violation point count not greater than one as determined in accordance with Section 12810, no suspension of the driving privilege pursuant to Section 13353.2, and no refusal to submit to or complete chemical testing pursuant to Section 13353 or 13353.1.
(b) The director may terminate the renewal by mail program authorized by this section at any time the department determines that the program has an adverse impact on traffic safety.
(c) A renewal by mail shall not be granted to any person who is 70 years of age or older.
(d) The department shall notify each licensee granted a renewal by mail pursuant to this section of major changes to the Vehicle Code affecting traffic laws occurring during the prior five-year period.
(e) The department shall not renew a driver’s license by mail if the license has been previously renewed by mail two consecutive times for five-year periods.
(f) This section shall become operative on January 1, 2023.

SEC. 8.

 Section 13000 of the Vehicle Code is amended to read:

13000.
 (a) (1) The department may issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card.
(2) The department may not issue a Real ID identification card to a person who holds a Real ID driver’s license.
(3) The department may cancel an identification card in order to enable compliance with paragraph (2).
(b) Any person 62 years of age or older may apply for, and the department upon receipt of a proper application therefor shall issue, an identification card bearing the notation “Senior Citizen.”
(c) Every application for an identification card shall be signed and verified by the applicant before a person authorized to administer oaths under penalty of perjury and shall be supported by bona fide documentary evidence of the age and identity of the applicant as the department may require, and shall include a legible print of the thumb or finger of the applicant. require.
(d) Prior to the issuance of an identification card, the department shall confirm that a legible print of the thumb or finger of the applicant is on file with the department.

(d)

(e) Any person 62 years of age or older, and any other qualified person, may apply for, or possess, an identification card under the provisions of either subdivision (a) or (b), but not under both of those provisions.

(e)This section shall become operative on January 1, 2018.

SEC. 9.

 Section 15632 of the Vehicle Code is amended to read:

15632.
 (a) The department shall include information concerning the dangers of leaving children unattended in motor vehicles, including, but not limited to, the effect of solar heat on the temperature of vehicle interiors and the penalties for noncompliance with Chapter 2 (commencing with Section 15620), in the following materials distributed by the department:
(1) The California Driver’s Handbook published under subdivision (b) of Section 1656.
(2) The driver’s license examination administered under Section 12804.9, by including, on a rotating basis, at least one question in one version of the driver’s license examination that is periodically administered to applicants.
(3) Any driver’s education materials certified by the department.
(4) Courses and examinations for traffic violator schools.
(5) Materials provided to secondary and post-secondary postsecondary schools and educational institutions.
(6) Any materials provided to community education campaigns undertaken by the department and other state agencies, including, but not limited to, the Department of the California Highway Patrol and the Department of Transportation.
(b) The department shall not republish materials before existing supplies are exhausted, but shall arrange for compliance with this section in the next edition or publication of those materials in the normal course of business.

SEC. 10.

 Section 16058 of the Vehicle Code is amended to read:

16058.
 (a) On or before July 1, 2005, each (1) An insurer that issues private passenger automobile liability insurance policies and coverages, or private passenger automobile policies and coverages issued by an automobile assigned risk plan, as those policies, coverages, and plans are described in paragraph (1) of subdivision (a) of Section 4000.37 shall advise electronically report to the department of the electronic method to be used for reporting liability insurance information under subdivisions (b), (c), and (d). The department shall establish an electronic conversion schedule.
(2) On or before January 1, 2023, an insurer that issues commercial and fleet insurance policies shall electronically report to the department liability insurance information under subdivisions (b), (c), and (d).
(b) On or before January 1, 2006, each (1) Aninsurer shall report all existing motor vehicle liability insurance policies or coverages described in subdivision (a) issued for vehicles registered in this state or to policyholders with a California address, to the department in a manner that preserves existing reporting relationships and that allows for smaller insurers and those with unusual circumstances to be accommodated, consistent with the intent of this section. Consistent
(2) Consistent with the intent of this section, a small insurer or those with unusual circumstances may be accommodated by, among other methods, an extension of the mandatory electronic reporting deadline set forth in this section paragraph (2) of subdivision(a) to no later than July 1, 2006. July 1, 2023.
(c) On and after January 1, 2006, each An insurer shall electronically report to the department all issued motor vehicle liability policies or coverages, as described in subdivision (a), within 30 days of the effective date of the coverage.
(d) On and after January 1, 2006, an An insurer shall electronically report to the department the termination of a reported policy or any change of information previously reported under subdivision (b) or (c), as specified by the department, within 45 days of the date of termination or change. This report shall include the effective date of the termination, amendment, or cancellation and any other information that does not exceed that required under subdivision (c).
(e) (1) Those persons with alternative forms of financial responsibility pursuant to subdivision (a), (c), (d), or (e) of Section 16021 shall provide satisfactory evidence of that responsibility as determined by the department.
(2) In addition, the department shall establish an alternative procedure for establishment of satisfactory evidence of financial responsibility to permit the timely renewal of vehicle registration when the electronic data has not been updated due to circumstances beyond the vehicle owner’s immediate control. Those circumstances may include, but are not limited to, a vehicle identification error in either the department’s or the insurer’s records or insurance purchased too recently to have been electronically transmitted to the department. Whenever this alternative procedure is used, the department shall, subsequent to the issuance of the registration certificate and indicia, contact the insurer to obtain electronic data pursuant to subdivision (c).
(f) The department shall adopt regulations for reporting insurance information, including, but not limited to, establishing acceptable timeframes and approved methods for reporting information.

SEC. 11.

 Section 34507.5 of the Vehicle Code is amended to read:

34507.5.
 (a) A motor carrier, as defined in Section 408, whose principal place of business is in this state, who operates from a terminal in this state, or who is required to be licensed pursuant to Section 32000.5, a motor carrier of property, and a for-hire motor carrier of property, as defined in Section 34601, shall obtain a carrier identification number from the department. Application for a carrier identification number shall be on a form furnished by the department. The department may furnish the form online and require the form to be completed and submitted electronically via the department’s Internet Web site. internet website. Information provided in connection with an application for a carrier identification number shall be true and accurate, and accurate. Information relating to a carrier identification number shall be updated by a motor carrier upon request from the department and within 15 days of any a change of address or cessation information, or the cessation or resumption of regulated activity at any of the motor carrier’s terminals.
(1) A motor carrier required to obtain a carrier identification number shall first obtain a United States Department of Transportation number from the Federal Motor Carrier Safety Administration and provide that number on the application for a carrier identification number. The department shall not assign a carrier identification number unless the application includes the United States Department of Transportation number assigned to, and properly identifying, the motor carrier.
(2) A motor carrier shall ensure information associated with the United States Department of Transportation number assigned to the motor carrier is true and accurate. The information shall be updated as required by Part 390.19 Section 390.19T of Title 49 of the Code of Federal Regulations, before the motor carrier operates a commercial motor vehicle, at least once every two calendar years, and within 15 days of any change of information or cessation information, or cessation or resumption of regulated activity.
(b) The carrier identification number assigned to the motor carrier under whose operating authority or motor carrier permit the vehicle or combination of vehicles is being operated shall be displayed on both sides of each vehicle, or on both sides of at least one motor vehicle in each combination of the following vehicles:
(1) Each vehicle set forth in Section 34500.
(2) A motortruck of two or more axles that is more than 10,000 pounds gross vehicle weight rating.
(3) Any other motortruck or motor vehicle used to transport property for compensation.
(c) A The carrier identification number of a motor carrier operating a vehicle or combination of vehicles listed in subdivision (b) that is operated under a rental agreement with a term of not more than 30 calendar days shall meet need not be displayed if all of the following requirements: requirements are met:
(1) Have The name or trademark of the lessor are displayed on both sides of each vehicle or on both sides of one of the vehicles in each combination of vehicles the name or trademark of the lessor. vehicles.
(2) Have Any of the following numbers issued to the lessor are displayed on both sides of each vehicle or on both sides of one of the vehicles in each combination of vehicles any of the following numbers issued to the lessor: vehicles:
(A) The carrier identification number issued by the United States Department of Transportation.
(B) A valid operating authority number.
(C) A valid motor carrier of property number.
(3) (A) Have A copy of the rental agreement entered into by the lessor and the vehicle operator is in the vehicle or combination of vehicles a copy of the rental agreement entered into by the lessor and the vehicle operator. vehicles.
(B) The rental agreement shall be available for inspection immediately upon the request of an authorized employee of the department, a regularly employed and salaried police officer or deputy sheriff, or a reserve police officer or reserve deputy sheriff listed pursuant to Section 830.6 of the Penal Code.
(C) If the rented vehicle or combination of vehicles is operated in conjunction with a commercial enterprise, the rental agreement shall include the operator’s carrier identification number or motor carrier of property permit number.
(d) A vehicle or combination of vehicles that is in compliance with Section 390.21 390.21T of Title 49 of the Code of Federal Regulations shall be deemed to be in compliance with subdivision (c).
(e) This section does not apply to any of the following vehicles:
(1) A vehicle described in subdivision (f) of Section 34500, that is operated by a private carrier as defined in subdivision (d) of Section 34601, if the gross vehicle weight rating of the towing vehicle is 10,000 pounds or less, or the towing vehicle is a pickup truck, as defined in Section 471. This exception does not apply to a vehicle combination described in subdivision (k) of Section 34500.
(2) A vehicle described in subdivision (g) of Section 34500, that is operated by a private carrier as defined in subdivision (d) of Section 34601, if the hazardous material transportation does not require the display of placards pursuant to Section 27903, a license pursuant to Section 32000.5, or hazardous waste hauler registration pursuant to Section 25163 of the Health and Safety Code.
(3) A historical vehicle, as described in Section 5004, and a vehicle that displays special identification plates in accordance with Section 5011.
(4) An implement of husbandry as defined in Chapter 1 (commencing with Section 36000) of Division 16.
(5) A vehicle owned or operated by an agency of the federal government.
(6) A pickup truck, as defined in Section 471, and a two-axle daily rental truck with a gross vehicle weight rating of less than 26,001 pounds, when operated in noncommercial use.
(f) Subdivision (b) does not apply to the following:
(1) A vehicle that displays a valid identification number assigned by the United States Secretary of the Department of Transportation.
(2) A vehicle that is regulated by, and that displays a valid operating authority number issued by, the Public Utilities Commission, including a household goods carrier as defined in Section 5109 of the Public Utilities Code.
(3) A for-hire motor carrier of passengers.
(g) The display of the carrier identification number shall be in sharp contrast to the background, and shall be of a size, shape, and color that it is readily legible during daylight hours from a distance of 50 feet.
(h) The carrier identification number for a company no longer in business, no longer operating with the same name, or no longer operating under the same operating authority, identification number, or motor carrier permit shall be removed before sale, transfer, or other disposal of a vehicle marked pursuant to this section.

SEC. 12.

 The sum of one million six hundred thirty thousand ($1,630,000) is hereby appropriated from the General Fund to the State Transportation Agency, to be allocated to the San Francisco Metropolitan Transportation Authority for the Fulton Street Safety and Transit Project west of Arguello Street. The funds appropriated shall be available for expenditure or encumbrance until June 30, 2024, and unencumbered funds after that date shall revert to the General Fund.

SEC. 13.

 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.

SEC. 14.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.