BILL NUMBER: SB 1586 CHAPTERED
BILL TEXT
CHAPTER 311
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2006
APPROVED BY GOVERNOR SEPTEMBER 18, 2006
PASSED THE SENATE AUGUST 16, 2006
PASSED THE ASSEMBLY AUGUST 10, 2006
AMENDED IN ASSEMBLY JUNE 13, 2006
AMENDED IN SENATE MAY 2, 2006
AMENDED IN SENATE APRIL 19, 2006
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2006
An act to amend Sections 1268.350 and 1268.360 of the Code of
Civil Procedure, to amend Section 8333 of the Streets and Highways
Code, and to amend Sections 1808, 1808.1, 11101, 12517.3, 12811, and
24400 of, the Vehicle Code, relating to government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1586, Lowenthal Government: eminent domain and inverse
condemnation: public service easements: vehicles.
(1) Existing law defines "apportionment rate" for the purposes of
computing interest when awarding compensation in eminent domain and
inverse condemnation proceedings.
This bill would revise the definition of "apportionment rate" for
these purposes to require the computation to be based on a calendar
quarter time period.
(2) Existing law authorizes the legislative body of a local agency
to summarily vacate a public service easement, under specified
circumstances.
This bill would expand those circumstances to include when the
easement has been determined to be excess by the easement holder.
(3) Existing law requires the Department of Motor Vehicles to make
available to the public, under certain circumstances, abstracts of
convictions and accident reports required to be sent to the
department in Sacramento, for 7 years where a violation is designated
as 2 points, as specified, and for 3 years for accidents and all
other violations.
This bill would extend the time that the department is required to
make available to the public the abstracts of convictions, under
specified sections prohibiting operation of a motor vehicle under the
influence of drugs, alcohol, or both, from 7 to 10 years.
(4) Existing law imposes on the employer of a driver who drives
one of several specified vehicles, including a vehicle for the
operation of which the driver is required to have a schoolbus or
school pupil activity bus certificate, as specified, several
requirements related to the driver's public record. A violation of
those requirements is a crime.
This bill would delete from that list of vehicles an erroneous
cross-reference, and include in that list of vehicles a vehicle for
the operation of which the driver is required to have an ambulance
driver's certificate, as specified. By changing the definition of a
crime, the bill would impose a state-mandated local program.
(5) Existing law generally requires an applicant for an original
certificate to drive a schoolbus, school pupil activity bus, youth
bus, or general public paratransit vehicle, as defined, to be
fingerprinted by the Department of the California Highway Patrol, as
specified, and those fingerprints to be processed as specified.
This bill would authorize the Commissioner of the California
Highway Patrol to utilize the California Law Enforcement
Telecommunications System to conduct a preliminary criminal and
driver history check to determine an applicant's eligibility to hold
an original or renewal certificate to drive a schoolbus, school pupil
activity bus, youth bus, or general public paratransit vehicle.
(6) Existing law requires that an application for a driver's
license or identification card contain a space for an applicant, age
16 years or older, to give his or her consent to be an organ or
tissue donor upon death.
This bill would delete the requirement that the applicant be age
16 years or older to give his or her consent to be an organ or tissue
donor.
(7) Existing law requires, with limited exceptions, that, during
darkness and inclement weather, a motor vehicle, other than a
motorcycle, be equipped with at least 2, specifically located,
lighted headlamps.
This bill would clarify and recast this offense to make clear that
it applies when the vehicle is being operated in the dark or in
inclement weather, or both.
(8) This bill would make other technical changes to the Vehicle
Code.
(9) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1268.350 of the Code of Civil Procedure is
amended to read:
1268.350. (a) As used in this section, "apportionment rate" means
the apportionment rate calculated by the Controller as the rate of
earnings by the Surplus Money Investment Fund for each calendar
quarter.
(b) The rate of interest payable under this article for each
calendar quarter, or fraction thereof, for which interest is due,
shall be the apportionment rate for the immediately preceding
calendar quarter.
(c) Each district office of the Department of Transportation shall
quote the apportionment rate to any person upon request.
SEC. 2. Section 1268.360 of the Code of Civil Procedure is amended
to read:
1268.360. The interest payable for each calendar quarter shall
draw interest, computed as prescribed by Section 1268.350, in each
succeeding calendar quarter for which interest is due.
SEC. 3. Section 8333 of the Streets and Highways Code is amended
to read:
8333. The legislative body of a local agency may summarily vacate
a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years,
and more than one year, immediately preceding the proposed vacation,
and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined
to be excess by the easement holder, and there are no other public
facilities located within the easement.
SEC. 4. Section 1808 of the Vehicle Code is amended to read:
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
punished as a felony, for the purpose of imposing penalties mandated
by Section 23550.5, or by other applicable provisions of California
law.
SEC. 5. Section 1808.1 of the Vehicle Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncancelled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) A request to participate in the pull-notice system established
by this section shall be accompanied by a fee determined by the
department to be sufficient to defray the entire actual cost to the
department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 2512, 12517, 12519, 12520, 12523, or 12523.5, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
(l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (l) and the employer obligations in those
subdivisions.
SEC. 6. Section 11101 of the Vehicle Code is amended to read:
11101. (a) This chapter does not apply to any of the following:
(1) Public schools or educational institutions in which driving
instruction is part of the curriculum.
(2) Nonprofit public service organizations offering instruction
without a tuition fee.
(3) Nonprofit organizations engaged exclusively in giving
off-the-highway instruction in the operation of motorcycles, if the
course of instruction is approved by the National Highway Traffic
Safety Administration and is not designed to prepare students for
examination by the department for an M1 or M2 drivers license or
endorsement.
(4) Commercial schools giving only off-the-highway instruction in
the operation of special construction equipment, as defined in this
code.
(5) Vehicle dealers or their salesmen giving instruction without
charge to purchasers of motor vehicles.
(6) Employers giving instruction to their employees.
(7) Commercial schools engaged exclusively in giving
off-the-highway instruction in the operation of racing vehicles or in
advanced driving skills to persons holding valid drivers' licenses,
except whenever that instruction is given to persons who are being
prepared for examination by the department for any class of driver's
license.
(b) For purposes of this section, "racing vehicle" means a motor
vehicle of a type that is used exclusively in a contest of speed and
that is not intended for use on the highways.
(c) (1) Nothing in this chapter shall be construed to direct or
restrict courses of instruction in driver education offered by
private secondary schools or to require the use of credentialed or
certified instructors in driver education courses offered by private
secondary schools.
(2) For the purposes of this section, private secondary schools
are those subject to Sections 33190 and 48222 of the Education Code.
SEC. 7. Section 12517.3 of the Vehicle Code is amended to read:
12517.3. (a) (1) An applicant for an original certificate to
drive a schoolbus, school pupil activity bus, youth bus, or general
public paratransit vehicle shall be fingerprinted by the Department
of the California Highway Patrol, on a form provided or approved by
the Department of the California Highway Patrol for submission to the
Department of Justice, utilizing the Applicant Expedite Service or
an electronic fingerprinting system.
(2) An applicant fingerprint form shall be processed and returned
to the office of the Department of the California Highway Patrol from
which it originated not later than 15 working days from the date on
which the fingerprint form was received by the Department of Justice,
unless circumstances, other than the administrative duties of the
Department of Justice, warrant further investigation.
(3) Applicant fingerprints that are submitted by utilizing an
electronic fingerprinting system shall be processed and returned to
the appropriate office of the Department of the California Highway
Patrol within three working days.
(4) The commissioner may utilize the California Law Enforcement
Telecommunications System to conduct a preliminary criminal and
driver history check to determine an applicant's eligibility to hold
an original or renewal certificate to drive a schoolbus, school pupil
activity bus, youth bus, or general public paratransit vehicle.
(b) (1) Notwithstanding subdivision (a), an applicant for an
original certificate to drive a schoolbus, school pupil activity bus,
youth bus, or general public paratransit vehicle may be
fingerprinted by a public law enforcement agency, a school district,
or a county office of education utilizing an electronic
fingerprinting system with terminals managed by the Department of
Justice.
(2) The Department of Justice shall provide the fingerprint
information processed pursuant to this subdivision to the appropriate
office of the Department of the California Highway Patrol within
three working days of receipt of the information.
(3) An applicant for an original certificate to drive an ambulance
shall submit a completed fingerprint card to the department.
SEC. 8. Section 12811 of the Vehicle Code, as amended by Section 1
of Chapter 665 of the Statutes of 2005, is amended to read:
12811. (a) (1) (A) When the department determines that the
applicant is lawfully entitled to a license, it shall issue to the
person a driver's license as applied for. The license shall state the
class of license for which the licensee has qualified and shall
contain the distinguishing number assigned to the applicant, the date
of expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
(B) Each license shall also contain a space for the endorsement of
a record of each suspension or revocation thereof.
(C) The department shall use whatever process or processes, in the
issuance of engraved or colored licenses, that prohibit, as near as
possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.
(2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
"provisional until age 18."
(b) (1) The front of an application for an original or renewal of
a driver's license or identification card shall contain a space for
an applicant to give his or her consent to be an organ and tissue
donor upon death. An applicant who gives consent shall be directed to
read a statement on the back of the application that shall contain
the following statement:
"If you marked on the front of the application that you want to be
an organ and tissue donor upon death, your consent shall serve as a
legally binding document as outlined under the California Uniform
Anatomical Gift Act. Except in the case where the donor is under the
age of 18, the donation does not require the consent of any other
person. For donors under the age of 18, the legal guardian of the
donor shall make the final decision regarding the donation. If you
want to change your decision to consent in the future, or if you want
to limit the donation to specific organs or tissues, you must
contact Donate Life California by mail at 1760 Creekside Oaks Drive,
#160, Sacramento, CA 95833, or through the World Wide Web at
www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org."
(2) Notwithstanding any other provision of law, a person under age
18 may register as a donor. However, the legal guardian of that
person shall make the final decision regarding the donation.
(3) The department shall collect donor designation information on
all applications for an original or renewal driver's license or
identification card.
(4) The department shall print the word "DONOR" or another
appropriate designation on the face of a driver's license or
identification card to a person who registered as a donor on a form
issued pursuant to this section.
(5) On a weekly basis, the department shall electronically
transmit to Donate Life California, a nonprofit organization
established and designated as the California Organ and Tissue Donor
Registrar pursuant to Section 7152.7 of the Health and Safety Code,
all of the following information on every applicant that has
indicated his or her willingness to participate in the organ donation
program:
(A) His or her true full name.
(B) His or her residence or mailing address.
(C) His or her date of birth.
(D) His or her California driver's license number or
identification card number.
(6) (A) A person who applies for an original or renewal driver's
license or identification card may designate a voluntary contribution
of two dollars ($2) for the purpose of promoting and supporting
organ and tissue donation. This contribution shall be collected by
the department, and treated as a voluntary contribution to Donate
Life California and not as a fee for the issuance of a driver's
license or identification card.
(B) The department may use the donations collected pursuant to
this paragraph to cover its actual administrative costs incurred
pursuant to paragraphs (3) to (5), inclusive. The department shall
deposit all revenue derived pursuant to this paragraph and remaining
after the department's deduction for administrative costs in the
Donate Life California Trust Subaccount, that is hereby created in
the Motor Vehicle Account in the State Transportation Fund.
Notwithstanding Section 13340 of the Government Code, all revenue in
this subaccount is continuously appropriated, without regard to
fiscal years, to the Controller for allocation to Donate Life
California and shall be expended for the purpose of increasing
participation in organ donation programs.
(7) The enrollment form shall be posted on the Internet Web sites
for the department and the California Health and Human Services
Agency.
(8) The enrollment shall constitute a legal document pursuant to
the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code) and
shall remain binding after the donor's death despite any express
desires of next of kin opposed to the donation. Except as provided in
paragraph (2) of subdivision (b), the donation does not require the
consent of any other person.
(9) Donate Life California shall ensure that all additions and
deletions to the California Organ and Tissue Donor Registry,
established pursuant to Section 7152.7 of the Health and Safety Code,
shall occur within 30 days of receipt.
(10) Information obtained by Donate Life California for the
purposes of this subdivision shall be used for these purposes only
and shall not be disseminated further by Donate Life California.
(c) A public entity or employee shall not be liable for loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
(d) A contract shall not be awarded to a nongovernmental entity
for the processing of driver's licenses, unless the contract conforms
to all applicable state contracting laws and all applicable
procedures set forth in the State Contracting Manual.
(e) This section shall become operative on July 1, 2006.
SEC. 9. Section 24400 of the Vehicle Code is amended to read:
24400. (a) A motor vehicle, other than a motorcycle, shall be:
(1) Equipped with at least two headlamps, with at least one on
each side of the front of the vehicle, and, except as to vehicles
registered prior to January 1, 1930, they shall be located directly
above or in advance of the front axle of the vehicle. The headlamps
and every light source in any headlamp unit shall be located at a
height of not more than 54 inches nor less than 22 inches.
(2) Operated during darkness, or inclement weather, or both, with
at least two lighted headlamps that comply with paragraph (1).
(b) As used in paragraph (2) of subdivision (a), "inclement
weather" is a weather condition that is either of the following:
(1) A condition that prevents a driver of a motor vehicle from
clearly discerning a person or another motor vehicle on the highway
from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in
continuous use due to rain, mist, snow, fog, or other precipitation
or atmospheric moisture.
SEC. 10. 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.