BILL NUMBER: AB 468	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 10, 2002
	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  MARCH 26, 2001

INTRODUCED BY   Assembly Member  Cohn  
Firebaugh 
    (Principal coauthor:  Assembly Member Leach) 

                        FEBRUARY 21, 2001

   An act to amend  Sections 12815 and 13003 of the Vehicle
Code, relating to driver's licenses.   Section 14666.6
of, and to add Section 14666.8 to, the Government Code, relating to
telecommunications, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 468, as amended,  Cohn   Firebaugh  .
   Driver's license:  identification card  
State property:  access:  telecommunications  . 
   (1) Existing law requires the Director of General Services, with
the approval of the state agency concerned, and the Director of
Transportation to negotiate in the name of the state, access to
state-owned property, including rights-of-way, for those purposes and
subject to those conditions, limitations, restrictions, and
reservations determined by the director to be in the interest of the
state.  Existing law provides that this requirement to negotiate
access applies to telecommunications and information technologies.
   This bill would require the Director of General Services to
compile and maintain an inventory of state-owned real property that
may be available for lease to providers of wireless
telecommunications services for location of wireless facilities.  It
would authorize the director to enter into an agreement for the lease
of certain state-owned real property to any provider of wireless
telecommunications services for location of its facilities, and would
require that this lease, among other things, (1) provide for the use
of the wireless provider's facilities located on the state-owned
real property by any appropriate state agency if technically,
legally, aesthetically, and economically feasible, and (2)
facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for collocation of
their facilities on state-owned real property.
   This bill would provide that a wireless telecommunications
facility located on state-owned real property pursuant to a lease
that meets these requirements would not be subject to the
requirements of any local zoning ordinance or regulation.
   The bill would require that 10% of the revenues from fees
collected pursuant to these provisions, except for revenues from fees
from a lease agreement for access to Department of Transportation
property or a lease agreement existing prior to January 1, 2003, be
available, upon appropriation by the Legislature, to finance Digital
Divide projects.
   (2) Existing law provides that any payments received for a grant
or conveyance through land or facilities controlled by the Department
of Transportation, including rights-of-way along the state highway
system, shall be deposited in the State Transportation Fund.
   This bill would provide that any funds generated from a lease
agreement entered into for the placement of wireless
telecommunications facilities on Department of Transportation
property shall be kept in a separate account and used, upon
appropriation by the Legislature, only for transportation-related
purposes.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.   
   Existing law provides a procedure for obtaining a duplicate driver'
s license if a driver's license is lost, destroyed or mutilated, or a
new true, full name is acquired.  In order to obtain a duplicate
license, the Department of Motor Vehicles must be furnished with
satisfactory proof of that loss, destruction, or mutilation, and if
the licensee is a minor, evidence of permission to obtain a duplicate
secured from the parents, guardian, or person having custody of the
minor.
   This bill would require, in addition, that the department be
furnished with satisfactory proof of the identity of the person
requesting the duplicate license, including a valid identification
document that contains a photograph of that person.  The bill would
require the department to verify a person's identity through
inspection of its own photographic files from the licensee's prior
license if the person requesting a duplicate license is unable to
provide satisfactory proof of his or her identity.
   Under existing law, if an identification card issued under the
Vehicle Code is lost, destroyed, mutilated, or a new true full name
is acquired, the person to whom that card was issued may make
application for an original identification card.
   This bill would provide that if application is made pursuant to
the above, the person applying would be required to provide the
department with (1) satisfactory proof of that loss, destruction, or
mutilation and (2) satisfactory proof of the identity of that person,
including a valid identification document that contains his or her
photograph.  The bill would require, if the person requesting a new
identification card is unable to provide satisfactory proof of his or
her identity, the department to verify that person's identity
through inspection of its own photographic files from the person's
prior identification card.  The bill would require any person who
loses an identification card and who, after obtaining a new
identification card, finds the original identification card, to
immediately destroy the original identification card.  Because a
violation of any provision of the Vehicle Code is a crime, this bill
would impose a state-mandated local program by expanding the scope of
that crime.
  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. 
   Vote:   majority   2/3  .
Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:   yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 12815 of the Vehicle Code is amended 

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Wireless telecommunications service is a critical part of
California's infrastructure.
   (b) The rapid deployment of wireless telecommunications facilities
is critical to ensure network access and quality of service.
   (c) It is in the public interest to minimize the aesthetic impact
of wireless telecommunications towers and facilities necessary to
support wireless networks.
   (d) Use of property owned by the state, local government agencies,
and other public entities for location of wireless
telecommunications facilities will expedite deployment of wireless
telecommunications service and minimize the aesthetic impact of
wireless telecommunications towers and facilities.
   (e) A certain percentage of people have the best information
technology that our society has to offer.  These people have the most
powerful computers, the best telephone and fastest Internet
services, as well as a wealth of content and training relevant to
their lives.  There is another group of people that have very little
technology or service, if any at all.  The difference between these
two groups is what has been called the "Digital Divide."
   (f) "Falling Through the Net:  Toward Digital Divide Inclusion," a
report published by the United States Department of Commerce,
determined that although more than one-half of all households have
computers and more than one-half of all Americans were expected to be
using the Internet by the middle of 2001, a Digital Divide remains
or has expanded slightly in some cases.
   (g) Today, a large number of Americans are using the Internet to
conduct daily activities, including, but not limited to,
communication, shopping, entertainment, job searches, training, and
education.  To be on the less fortunate side of the Digital Divide
means that individuals are not able to participate in the world's new
information-based economy.  Even worse is that with the growth of
the information-based economy, people who lack access to those tools
are becoming disadvantaged.
   (h) Raising the level of digital access by increasing the number
of Californians using the technology tools of the digital age is a
high priority in the State of California.
  SEC. 2.  Section 14666.6 of the Government Code is amended to read:

   14666.6.  (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state.  To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following:  lease, permit, or other form of providing a
monetary or service consideration for the access.
   (b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state.  To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following:  lease, permit,
or other form of providing a monetary or service consideration for
the access.
   (c) This section applies to various telecommunications and
information technologies, including, but not limited to, 
voice   voice,  data, video, and fiber-optic
technologies.  
   (d) Any  
   (d) (1) Except as provided in paragraph (2), any  payments
received under  the provisions of  this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to  ,
 rights-of-way along the state highway system, shall be
deposited in the State Transportation Fund.  
   (2) Any funds generated from a lease agreement entered into
pursuant to Section 14666.8 for the placement of wireless
telecommunications facilities on Department of Transportation
property shall be kept in a separate account and used, upon
appropriation by the Legislature, only for transportation-related
purposes.   
  SEC. 3.  Section 14666.8 is added to the Government Code, to read:

   14666.8.  (a) The director shall, within 120 days of the effective
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities.  This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose.
   (b) The director shall make the inventory available on the
department's Web site.
   (c) On behalf of the state, the director may negotiate and enter
into an agreement to lease state-owned real property, not subject to
an existing state franchise, to any provider of wireless
telecommunications services for location of its facilities.  A lease
for this purpose shall do all of the following:
   (1) Provide for a reasonable rental fee to be paid to the state to
the extent permitted under existing law.
   (2) Designate a lease term that is acceptable to the director.
   (3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
   (4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for collocation of
their facilities on state-owned real property.
   (d) A wireless telecommunications facility located on state-owned
real property pursuant to a lease that meets the requirements of
subdivision (c) shall not be subject to the requirements of any local
zoning ordinance or regulation.
   (e) The director shall develop and distribute materials for use by
local government agencies that encourage these agencies to compile
and maintain inventories of local agency owned real property that may
be available to providers of wireless telecommunications services
for the location of wireless telecommunications facilities.
   (f) (1) Of the revenues from fees collected pursuant to this
section after January 1, 2003, except for revenues from fees from a
lease agreement for access to Department of Transportation property
or a lease agreement existing prior to January 1, 2003, 10 percent
shall be available, upon appropriation by the Legislature, for the
purpose of addressing the state's Digital Divide.  These revenues
shall be maintained in a separate fund account to be used only for
Digital Divide pilot projects.
   (2) The Governor's director for e-government shall develop
criteria for selecting Digital Divide projects for funding pursuant
to this subdivision.  The first three pilot projects selected for
funding based on these criteria, upon appropriation by the
Legislature, shall include one for a city in each of the following:
Orange County, southeast Los Angeles, and a northern California bay
area county.  The Governor's annual budget proposal shall include
funding for these three projects and all future Digital Divide
projects.   
  SEC. 4.  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 Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make state-owned real property available for lease at
the earliest possible time, it is necessary for this act to go into
immediate effect.    to read:
   12815.  (a) If a driver's license issued under this code is lost,
destroyed or mutilated, or a new true, full name is acquired, the
person to whom it was issued shall obtain a duplicate upon furnishing
to the department (1) satisfactory proof of that loss, destruction,
or mutilation and (2) satisfactory proof of the identity of the
person requesting a duplicate license, including a valid
identification document that contains a photograph of that person,
and (3) if the licensee is a minor, evidence of permission to obtain
a duplicate secured from the parents, guardian, or person having
custody of the minor.  If the person requesting a duplicate license
is unable to provide satisfactory proof of his or her identity, the
department shall verify that person's identity through inspection of
its own photographic files from the licensee's prior license.  Any
person who loses a driver's license and who, after obtaining a
duplicate, finds the original license shall immediately destroy the
original license.
   (b) A person in possession of a valid driver's license who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the license to the
department not later than 10 days after that notification.
   (c) For purposes of this section, a mutilated license is one that
has been damaged sufficiently to render any or all of the elements of
identity set forth in Sections 12800.5 and 12811 unreadable or
unidentifiable through visual, mechanical, or electronic means.
  SEC. 2.  Section 13003 of the Vehicle Code is amended to read:
   13003.  (a) If an identification card issued under this code is
lost, destroyed, mutilated, or a new true full name is acquired, the
person to whom it was issued may make application for an original
identification card as specified in Section 13000.  The fee provided
in Section 14902 shall be paid to the department upon application for
the card.  Every identification card issued pursuant to this section
shall expire as provided in Section 13002 and shall be deemed an
original identification card for that purpose.
   (b) (1) A person making a request under subdivision (a) shall
provide the department with the following satisfactory proof:
   (A) That the loss, destruction, or mutilation of the card
occurred.
   (B) The identity of that person, including a valid identification
document that contains his or her photograph.
   (2) If the person requesting a new identification card is unable
to provide satisfactory proof of his or her identity, the department
shall verify that person's identity through inspection of its own
photographic files from the person's prior identification card.
   (3) Any person who loses an identification card and who, after
obtaining a new identification card, finds the original
identification card, shall immediately destroy the original
identification card.
   (c) A person in possession of a valid identification card who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the identification
card to the department not later than 10 days after that
notification.
   (d) For purposes of this section a mutilated identification card
is one that has been damaged sufficiently to render any or all of the
elements of identity set forth in Sections 13005 and 13005.5
unreadable or unidentifiable through visual, mechanical, or
electronic means.
  SEC. 3.  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.