Summary of Legislation 2003-2004

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ASSEMBLY COMMITTEE
ON
TRANSPORTATION
SUMMARY OF LEGISLATION
2003-2004
HONORABLE JENNY OROPEZA
&
HONORABLE JOHN A. DUTRA
CHAIRS
Members
Honorable Guy Houston, Vice Chair
Honorable Patricia Bates
*Honorable Patty Berg
Honorable John Benoit
Honorable Wilma Chan
*Honorable Judy Chu
Honorable Christine Kehoe
Honorable Jay La Suer
*Honorable Tim Leslie
Honorable Carole Liu
Honorable John Longville
Honorable Dennis Mountjoy
*Honorable George Nakano
*Honorable Nicole Parra
Honorable Fran Pavley
Honorable Simon Salinas
Honorable Joe Simitian
*Honorable Todd Spitzer
Committee Staff
Andrew Antwih, Chief Consultant
Howard Posner, Principal Consultant
Frances Chacon, Senior Consultant
Gus Khouri, Senior Consultant
*Ryan Spencer, Consultant
*Joe Furtado, Consultant
Denise Plants, Committee Secretary
Sylvia Cervantes, Committee Secretary
Note: Honorable Jenny Oropeza was appointed Chair in 2004 and the
Committee was reduced at that time to 13 members.
* Signifies 2003 Members and Staff.
1
INTRODUCTION
This report contains summaries of bills that were referred to, and considered
by, the Assembly Transportation Committee during 2003- 2004 Session.
Bills that were passed by the Legislature and became law are shown with the
chapter number; bills that were vetoed by the Governor or that otherwise
failed to become law are so noted.
Some bills could have been appropriately placed in several subject
categories; an effort was made to place each bill under the most appropriate
subject heading.
Acronyms for various agencies used in this report are as follows:
Air Resources Board (ARB)
Bay Area Rapid Transit District (BART)
California Highway Patrol (CHP)
California Transportation Commission (CTC)
Department of Motor Vehicles (DMV)
Department of Transportation (Caltrans)
Environmental Protection Agency (EPA)
Public Utilities Commission (PUC)
State Highway Route (Route)
The term “Urgency” indicates the measures took effect immediately on
becoming law, while most of the legislation is effective the following
January 1, unless a different particular date is specified.
2
TABLE OF CONTENTS
Page
Abandoned Vehicles, Parking, Towing . . . . . . . . . . . . . . . . . . . . .
4
Aeronautics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Air Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Bus Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Driver Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
Highways and Bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
Mass Transportation and Railroads . . . . . . . . . . . . . . . . . . . . . . . .
26
Off-Highway Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
Rules of the Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
Transportation Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
Transportation Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
Vehicle and Vessel Registration and Licensing . . . . . . . . . . . . . . .
45
Vehicles and Vessel Safety Requirements . . . . . . . . . . . . . . . . . . .
49
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
Appendix – List of 2003-2004 Bills
3
ABANDONED VEHICLES, PARKING, TOWING
AB 327 (Runner) Allows a local court to assess a $100 penalty for specified violations
of disabled parking placards. Requires the penalty revenues to be used specifically to
enforce existing laws relative to disabled parking. Chapter 555, Statutes of 2003
AB 478 (Ridley-Thomas) Provides that the amount of time a public agency may wait
after sending a notice to the vehicle's owner prior to disposing of a suspected abandoned
vehicle is 15 days. Increases to $500 the maximum dollar value of a vehicle that may
qualify for disposal. Chapter 67, Statutes of 2003
AB 559 (Harman) Would have authorized the release of confidential DMV residence
information, under specified requirements, for the purpose of collection of unpaid
parking fees by private parking entities. Died in Senate Transportation Committee
AB 616 (Vargas) Authorizes an officer, employee, or public agency directing storage of
an impounded vehicle to notify the National Law Enforcement Telecommunications
System of the vehicle identification number and certain specified information. Allows
the notification to be made by electronic means. Chapter 622, Statutes of 2003
AB 625 (Spitzer) Would have provided that if towed vehicles impounded during special
events were not released within one to two hours of demand, the storage facility may not
collect fees; and would have required local agencies to notify tow truck and storage
operators of special events. Died in the Senate Transportation Committee
AB 789 (Mountjoy) Would have required cities' and counties' abandoned vehicle
abatement ordinances to exempt vehicles stored under certain circumstances from
provisions allowing the local agency to remove the vehicles as a public nuisance. Died
in the Assembly Appropriations Committee
AB 792 (Yee) Provides that it is the intent of the Legislature that certain statutory
provisions relating to the towing of vehicles promote the safety and welfare of the public.
Chapter 212, Statutes of 2003
AB 1014 (Canciamilla) Requires the Department of Boating and Waterways to create an
advisory committee to study ways to prevent the abandonment of boats. Chapter 357,
Statutes of 2003
AB 1138 (Frommer) Requires any person using a special identification license plate
issued to disabled veterans or persons with disabilities to present a certification form that
substantiates his or her eligibility to possess the plate, when requested to do so by a peace
officer or a person authorized to enforce parking laws. Requires the medical professional
who certifies a person's qualifying disability to provide a full description of that person's
illness or disability to DMV. Allows a peace officer to confiscate any special license
4
plate being used for parking purposes by a person other than the person to whom DMV
issued the plate. Chapter 363, Statutes of 2004
AB 1675 (Longville) Prohibits, until January 1, 2007, access for attorneys to
confidential DMV records for the purpose of collecting fees or delinquent charges by a
private parking facility. Chapter 649, Statutes of 2003
AB 1847 (Koretz) Allows a trained volunteer of a state or local law enforcement
agency who is engaged in directing traffic or enforcing parking laws and regulations to
remove a vehicle under a limited number of the same circumstances. Chapter 371,
Statutes of 2004
AB 1947 (Strickland) Would have authorized a person who is in the third trimester of
pregnancy to apply to the DMV for the issuance of a temporary placard for the purpose of
obtaining specified parking privileges. Died in Assembly Transportation Committee
SB 247 (Murray) Makes permanent a DMV program providing residence address
information to accredited California institutions of higher education when that
information is used solely for the purpose of enforcing parking restrictions. Chapter
410, Statutes of 2003
SB 1725 (Knight) Requires a medical professional, certifying a person's disability for the
purpose of obtaining a disabled person's license plate, to provide to DMV a full
description of the illness or disability. Requires a disabled person or disabled veteran with
special license plates to present to a peace officer or parking enforcement officer, upon
request, a certificate substantiating his or her eligibility for those plates. Requires DMV,
upon request by a parking enforcement agency, to make available any information
contained in a physician's certificate submitted to DMV as part of an application for a
disabled person's special license plate. Authorizes local authorities to establish review
boards or panels to review information contained in applications for special parking
privileges for persons residing within the jurisdiction of the local authority. Chapter 404,
Statutes of 2004
5
AERONAUTICS
AB 77 (La Suer) Would have prohibited the San Diego Regional Airport Authority, in
siting any international airport, from displacing or interfering with any existing aerial fire
fighting location. Died in Assembly Local Government Committee
AB 332 (Mullin) Requires a local agency which overrides a decision made by an airport
land use commission to provide notice of its proposed decision to the commission and
Caltrans and to include in its published decision responses by the airport land use
commission and Caltrans. Chapter 351, Statutes of 2003
AB 2284 (Plescia) Would have deleted the date by which the San Diego Association of
Governments (SANDAG) and the port are required to transfer and assign all contracts
related to the location and development of an airport in the County of San Diego to the
authority. Would have established the San Diego County Regional Airport Authority as a
local entity of regional government with jurisdiction throughout the County of San
Diego, and required that the authority adopt a comprehensive airport land use plan for
that county and coordinate the airport planning of public agencies on or before June 3,
2005. Died in Assembly Transportation Committee
AB 2430 (Wiggins) Removes hot air balloon owners from the jurisdiction of the PUC
and instead places them under the jurisdiction of local governments, as specified, requires
specified levels of liability insurance, and sunsets these provisions on January 1, 2009.
Chapter 881, Statutes of 2004
AB 2676 (Nakano) Allows a county board of supervisors or a city council to delegate its
responsibility for approval of a plan for construction of new helicopter landing and take
off areas to the county or city planning agency. Chapter 521, Statutes of 2004
AJR 10 (Garcia) Requests that the United States (U.S.) Congress designate the Imperial
County Airport as an International Port of Entry and requests that the Imperial County
Board of Supervisors take specific actions to facilitate this request. Resolution Chapter
79 Statutes of 2003
HR 33 (Runner) Declares the Assembly's support for selection of Site 9 at the Palmdale
Regional Airport as the location for final assembly of the 7E7 jetliner, a new aircraft to
be manufactured by the Boeing Company, and encourages the company to bring this
important project to California. Adopted by the Assembly, 2003
6
AIR QUALITY
AB 219 (Reyes) Would have deleted the exemption for diesel powered vehicles from
Smog Check requirements. Requires every heavy-duty diesel motor vehicle to be
inspected for excessive smoke emissions annually. Died in Assembly Transportation
Committee
AB 775 (Parra) As considered by the Committee, the bill defined "extensive marketing
research," for the purposes of a Department of Consumer Affairs public information
program regarding the Smog Check program, to include information provided by any
statewide association of test and repair station owners. The bill was subsequently
amended to extend the sunset date on the Safe Routes to Schools program. Died in
Senate Transportation Committee
AB 923 (Firebaugh) Increases to $6 the surcharge limit that air districts may impose on
motor vehicle registrations in order to provide funds for emission reduction programs.
Requires the districts to utilize the revenues resulting from $2 of the surcharge to reduce
air through the Carl Moyer Program, the purchase of equipment for previously
unregulated agricultural sources, the new purchase of schoolbuses, and an accelerated
vehicle retirement or repair program. Prohibit air districts from funding projects after the
compliance date mandating emission reductions in any statute, regulation, or legally
binding document. Expands the types of emissions covered by the Moyer Program to
include additionally emissions of particulate matter and reactive organic gases. Increases
the $1 California tire fee to $1.75 per tire and requires the increased revenues to be used
by ARB and air districts to mitigate or remediate air pollution caused by the
decomposition of tires in the state. Allows expenditures from revenues generated by the
bill for previously unregulated agricultural sources of air pollution for a minimum of
three years from the date of adoption of an applicable rule or standard, whichever is later,
provided ARB has determined the rule or standard complies with relevant requirements,
after which period of time, such new purchases, repowers, or add-ons of equipment may
not be funded pursuant to the bill. Chapter 707, Statutes of 2004
AB 927 (Campbell) Would have required the ARB to establish statewide guidelines for
the production and licensing of hydrogen fuel cell refueling stations in the state. Died in
Assembly Transportation Committee
AB 1009 (Pavley) See Trucks
AB 1063 (Firebaugh) Would have authorized the South Coast Air Quality Management
District, to the extent permissible under federal law, to require retrofit controls on any
motor vehicle, nonroad engine, or nonroad vehicle that operates substantially in that
district. In the case of motor vehicles, the regulations could not be implemented prior to
January 1, 2007. Requires the District, on or after January 1, 2006, to adopt mitigation
7
fees on ports, marine terminals, shipping companies, and/or railroads, unless the EPA has
adopted regulations that meet the district's emission reduction targets. Failed passage in
Assembly Transportation Committee
AB 1316 (Parra) Would have required the ARB to conduct a study evaluating the
benefit to air quality that would result from requiring all air quality management districts
and air pollution control districts located along the state's coastline between the Los
Angeles and the San Francisco Bay Area to participate in Smog Check II. Died in
Assembly Transportation Committee
AB 1394 (Levine) Makes eligible for Carl Moyer funding a dual transaction project that
combines the emission reductions achieved from both of the following transactions: a)
The purchase of a new very low-or zero-emission eligible vehicle; and b) The
replacement of an old engine or vehicle with a newer (used, but not brand new) engine or
vehicle certified to be cleaner than the one being replaced. Chapter 627, Statutes of
2004
AB 1966 (Campbell) Would have required the ARB, in collaboration with Caltrans, the
Public Utilities Commission and the Energy Commission, to adopt regulations
establishing statewide guidelines for the production and licensing of hydrogen fuel cell
refueling stations. Died in Senate Energy, Utilities and Commerce Committee
AB 1971 (Lowenthal) Clarifies that citations for violating engine idling restrictions may
include a unique identifier, such as the cargo container number, in lieu of the truck
license plate number. Clarifies that existing statutory restrictions on this subject apply to
both engine idling and truck queuing. Chapter 580, Statutes of 2004
AB 2042 (Lowenthal) Would have required the South Coast Air Quality Management
District to establish a baseline for air quality for the ports of Los Angles and Long Beach.
Requires the District, the ARB, and the Ports to enter into a Memorandum of Agreement
(MOA) to implement emission-control measures related to operations at each of the
Ports. If a MOA is not entered into by September 1, 2005, the ports would be required to
develop a baseline for air quality for each port. Vetoed by Governor
AB 2128 (Jackson) Redirects revenues from $2 of the $6 annual smog abatement fee
into the High Polluter Repair or Removal Account to provide financial incentives to
vehicle owners to voluntarily retire older, higher-polluting vehicles and to purchase
partial electric or zero-emission vehicles. Chapter 703, Statutes of 2004
AB 2424 (La Malfa) Would have allowed the resale of retired vehicles and their parts to
the public and requires any ARB administrative guidelines to be consistent with
legislative intent. Allows vehicles that are acquired for their collector interest to not meet
emission standards if they are to be used solely as a source for repair parts. Died in
Assembly Transportation Committee
8
AB 2644 (Oropeza) Would have prohibited school buses from idling more than five
minutes in any one-hour period or any commercial vehicle within a school zone from
idling more than five minutes in any one-hour period. Vetoed by Governor
AB 2683 (Lieber) Repeals the rolling exemption from Smog Check and Smog Check II
requirements for vehicles more than 30 model years old and replaces it with an
exemption for vehicles manufactured prior to the 1976 model year. Chapter 704,
Statutes of 2004
AB 2899 (Shirley Horton) Would have allowed any person selling finished blends
containing 20% biodiesel to display on the dispensing apparatus in a conspicuous place a
sign stating "Biodiesel Blend 20." Prohibits any person from selling at retail to the
general public any biodiesel fuel B21 to B100 from any place of business unless there is
displayed in a conspicuous place on the dispensing apparatus at least one sign stating the
specific volume concentration of biodiesel. Requires development of a voluntary carbon
dioxide labeling program for petroleum, biodiesel, and finished fuel blends containing
biodiesel. Died in Assembly Appropriations Committee
AB 2906 (Nation) Would have required the ARB, not later than January 1, 2007, to
rename the smog index label as an "air pollution label" and to require the label to include,
for 2009 and subsequent model year motor vehicles, the emissions of global warming
gases from passenger cars and light-duty trucks for the same model year, including
vehicle operation and upstream emissions. Died in Senate Transportation Committee
AB 2953 (Canciamilla) As considered by the committee, the bill would have allowed
air pollution control districts to adopt Carl Moyer Program eligibility criteria for
equipment to control agricultural sources of air pollution in areas that are designated as
serious nonattainment for particulate matter or ozone, until January 1, 2010. The bill was
subsequently amended to make Assembly Member Matthews the author and to authorize
the expenditure of Carl Moyer funds for sources of air pollution until the compliance date
of any local, state, or federal statute, rule or regulation related to reduction in air
emissions from that source. Died in Senate Environmental Quality
AB 3104 (Firebaugh) Would have imposed a fee, in an unspecified amount, on motor
vehicle fuels and diesel fuel in California, the revenue from which is allocated to local air
districts to fund priority projects designed to mitigate the harm caused by use of gasoline,
diesel and other motor vehicle fuels in those districts. Died in Assembly
Appropriations Committee
AJR 50 (Pavley) Requests the federal government to recognize California's progress in
the development of hydrogen and fuel cell vehicles, and to provide funding for those
activities in California. Resolution Chapter 99, Statutes of 2004
AJR 72 (Frommer) Memorializes the federal EPA to review and reconsider California's
request for an administrative waiver from the gasoline oxygenate additive requirements
of the federal Clean Air Act. Resolution Chapter 131, Statutes of 2004
9
AJR 74 (Pavley) Memorializes the President and Congress to take legislative action to
allow single-occupant hybrid electric vehicles that achieve a fuel economy highway
rating of at least 45-miles per gallon to travel in the state's high occupancy vehicle lanes.
Resolution Chapter 113, Statutes of 2004
AJR 89 (Oropeza) Would have memorialized Congress and the President to increase
Corporate Average Fuel Economy standards by at least one and one-half miles per gallon
each year until total average fuel economy for the new light-duty motor vehicle fleet sold
in California is double today's average. Died in Senate Energy, Utilities and
Commerce Committee
AJR 90 (Oropeza) Would have requested the federal Environmental Protection Agency
to consider adopting California's gasoline and diesel fuel standards as national fuel
standards. Died in Senate Transportation Committee
SB 656 (Sher) Requires the ARB to identify measures to reduce particulate matter (PM
10 and PM 2.5) emissions in specific emission source categories and, together with local
air districts, to identify measures to reduce PM 10 and PM 2.5 emission from diesel
powered engines used in stationary and mobile source applications.
Chapter 738, Statutes of 2003
SB 708 (Florez) Authorizes counties to establish combined vehicle inspection and
sobriety checkpoints to screen for vehicle smoke violations and identify drivers who are
under the influence of drugs or alcohol. Raises the sanctions for second or subsequent
smoke violations, for vehicles weighing less than 6,001 pounds. Requires, in counties
where a combined vehicle inspection/sobriety program is established, that $35 of the fine
revenue for second and subsequent smoke violations be used only for the combined
checkpoint program. Allows low-income vehicle owners who receive notices to correct
heavy smoke emissions to participate in the Smog Check repair assistance program.
Chapter 482, Statutes of 2003
SB 1078 (Chesbro) Would have required the operator of a solid waste collection
vehicle, until December 31, 2010, to pay a fee of 50 for each ton of solid waste submitted
for disposal at a solid waste disposal facility. The resulting revenues would have been
available for vehicle operators' costs of complying with specified regulations requiring
the use of best available control technology to reduce diesel particulate matter emissions.
Died in Assembly Transportation Committee
SB 1615 (Denham) Exempts vehicles previously registered out of the state from Smog
Check, effective April 1, 2005, if they are from the model year 1976 or earlier. Chapter
701, Statutes of 2004
SJR 28 (Torlakson) Requests the federal EPA to reconsider granting a waiver to
California from gasoline oxygenate requirements. Requests Congress, if the waiver is not
granted, to enact legislation that would authorize California to waive the oxygen content
10
requirement for reformulated gasoline only if its fuel meets other requirements in the
federal Clean Air Act for reformulated gasoline. Resolution Chapter 95, Statutes of
2004
11
BUS SAFETY
AB 626 (Liu) Requires school districts, private schools, community colleges, and the
California State University, to limit the operation of those vehicles to persons issued an
endorsement for the operation of those vehicles and holding a class B driver's license.
Chapter 559, Statutes 2003
AB 1409 (Wolk) Allows buses that exceed 40 feet in length to have a front-mounted
device used to transport bicycles. Chapter 399, Statutes of 2003
AB 2785 (Nakano) See Rules of the Road
12
DRIVER LICENSING
AB 1 – Third Extraordinary Session (Benoit) Would have required applicants for
drivers' licenses and identification cards to provide their social security numbers and
proof of their legal presence in the U. S. to DMV. Requires DMV to verify the legal
presence of driver's license applicants. Repeals statutory provisions allowing for the
licensure of driver's license applicants who do not possess SSNs. Died in Assembly
Appropriations Committee
AB 130 (Campbell) Would have added U.S. Senators and members of Congress to the
statutory list of individuals whose home addresses in DMV files are afforded heightened
confidentiality. Died in Assembly Transportation Committee
AB 184 (Lowenthal) Provides that participation in the Safe at Home program for
victims of domestic violence, stalking or other specified crimes, is sufficient evidence for
inclusion in the DMV records suppression program. Chapter 720, Statutes of 2003
AB 246 (Cox) Would have added U.S. Senators and members of Congress to the
statutory list of individuals whose home addresses in DMV files are afforded heightened
confidentiality. Died in Assembly Transportation Committee
AB 350 (Bogh) Would have required DMV to include in the driving record and vehicle
registration records of a registered sex offender an annotation that the person has been so
registered. Died in Assembly Transportation Committee
AB 417 (La Suer) Would have limited the term of the driver's license of a registered sex
offender to one year and requires a driver's license applicant who is a registered sex
offender to provide a current photograph and address verification for an original license
and for each renewal. Died in Assembly Appropriations Committee
AB 435 (Matthews) Would have revamped the regulation of traffic violator schools by
DMV, including allowing home study programs for traffic violators that were approved
by county superior courts prior to January 1, 2004, to continue to operate in those
counties until DMV approves or disapproves their license applications. Died in
Assembly Transportation Committee
AB 517 (Oropeza) Would have extended, from six months to 13 months, the period
time that confidential information photographic records from red light camera
enforcement operations may be retained. The bill would have also provided that such
information is available for judicial purposes which law enforcement agencies may audit
records for contract compliance. Vetoed by the Governor
13
AB 737 (Longville) Would have increased to five years, the period of time a driver must
have a clean driving record in order to renew his or her driver's license by mail. Triples,
to $45, the fee imposed by DMV for a regular driver's license renewed in person at a
DMV office. Requires a driver who is ineligible to renew his or her license by mail to
pass the DMV vision test and allows DMV to require the driver to pass its written driving
exam as a condition for license renewal. Died in Assembly Appropriations Committee
AB 1072 (Nakanishi) Would have established, by the DMV, certification procedures for
the issuance of commercial driver's license procedures by third-party testers and
prohibited a person from administering the specified test until he or she has been certified
under these provisions. Died in the Assembly Transportation Committee
AB 1260 (Matthews) As introduced, the bill would have allowed only a
Licensing-Registration Examiner to serve as an examining officer for driver's license
applicants. The bill was subsequently amended to fraudulent claims for state income tax
refunds. Chapter 163, Statutes of 2004
AB 1302 (Simitian) Requires DMV to keep confidential any traffic conviction, with
specified exceptions, that occurred in another American state, possession, or territory, or
the District of Columbia, Puerto Rico, or Canada, if the violator successfully completes a
course at a licensed TVS or a court-supervised program of traffic safety instruction. The
bill was subsequently amended to appropriate funding to pay for a specific claim before
the Victim Compensation and Government Claims Board. Chapter 475, Statutes of
2003
AB 1305 (Bogh) Would have required DMV to create a fingerprint identification system
based on the print of the thumb or finger of an applicant. Extends to six years the term
for the various DMV certificates and licenses. Died in Assembly Transportation
Committee
AB 1343 (Spitzer) Eliminates the option of a person 15 years of age to receive an
instruction permit issued by the DMV simply by enrolling in a simultaneously
administered program of driver education and driver training, and it makes other changes
relating to driver education. Chapter 768, Statutes of 2003
AB 1479 (Chu) Clarifies the authority of court assistance programs to monitor traffic
violator schools. Chapter 518, Statutes of 2003
AB 1645 (Ridley-Thomas) Would have required certain companies that provide for-hire
transportation services to and from airports to require individuals that apply to work for
them as drivers to undergo criminal background checks, screening and credentialing
through a process that would be established by the Public Utilities Commission (PUC).
Died in Assembly Appropriations Committee
14
AB 1824 (Reyes) Would have required DMV to establish a program allowing for the
renewal of ID cards by mail. Allows regular ID cards to be renewed no more than twice
by mail and senior (age 62 or older) ID cards to be renewed no more than once by mail.
Allows licensed senior drivers to apply for senior ID cards by mail. Died in Assembly
Appropriations Committee
AB 1877 (Maze) Would have raised to 17 years the minimum age at which a person
may obtain a provisional driver's license. Failed passage in Assembly Transportation
Committee
AB 1878 (Chan) Requires motor scooter operators to possess a valid driver's license or
instruction permit. Includes the authority to operate motor scooters within the scope of a
Class C driver's license. Prohibits the sale of a motor scooter that produces 80 decibels of
noise at a distance of 50 feet from the centerline of travel. Requires motor scooters to be
equipped at all times with properly maintained mufflers that do not have cutouts,
bypasses or similar devices. Prohibits modifying a motor scooter's exhaust system in a
manner that increases its noise level beyond the legal limit. Requires scooters operated
on public streets to be equipped at all times with an engine that complies with the
applicable state emission requirements. Chapter 755, Statutes of 2004
AB 1915 (Lowenthal) Would have required the DMV to design and issue driver's
licenses and ID cards containing the International Symbol of Access, commonly known
as the "wheelchair symbol." Also required DMV to maintain in its records all
information on an applicant's certification of permanent disability and to make that
information available to eligible law enforcement agencies upon request. Died in
Assembly Appropriations Committee
AB 2012 (Chu) As considered by the committee, the bill would have adds courtappointed attorneys handling child abuse cases, and the investigators and social workers
employed by those attorneys, to the categories of individuals who may request that their
home addresses be afforded enhanced confidentiality by DMV. The bill was
subsequently amended to require the manufacturer of personal care products to notify the
Office of Environmental Health Hazard Assessment of any ingredient in its product that
is a chemical identified as causing cancer or reproductive toxicity. Died in the
Assembly pending concurrence in Senate amendments
AB 2040 (La Suer) Requires compliance with federal credentialing and background
checks in order to qualify for issuance of a hazardous materials endorsements. Chapter
801, Statutes of 2004
AB 2217 (Shirley Horton) Would have required the DMV to issue a California Child
Identification Card which a parent or guardian of a child who is 15 years of age or less
may apply for, for a $20 fee. Died in Assembly Transportation Committee
AB 2340 (Liu) Would have regulated driver's education courses offered at private high
schools. Died in Assembly Transportation Committee
15
AB 2377 (Longville) Would have required DMV to license and regulate home study
traffic violator schools. Vetoed by Governor
AB 2458 (Benoit) Would have reduced to 240 minutes, from the current 400, the
minimum amount of instructional time that must be provided by a traffic violator school
lesson plan. Reduces to 360 minutes, from the current 600, the minimum amount of
instructional time that must be provided by a lesson plan for instructing persons under the
age of 18. Died in Assembly pending concurrence in Senate amendments
AB 2547 (Lowenthal) Would have made it voluntary for physicians and surgeons to
report in writing to DMV the name, date of birth, and address of every patient 14 years or
older, diagnosed with lapses of consciousness disorder. Deletes Alzheimer's disease and
related disorders as lapses of consciousness disorders that must be reported to the local
health agency. Requires physicians and surgeons to report instead to DMV, in writing,
the name, date of birth, and address of every patient diagnosed with Alzheimer's disease,
dementia, or both. Requires every driver to report to DMV, within 10 days of becoming
aware of any medical condition that is likely to cause loss of consciousness or loss of
ability to operate a motor vehicle. Died in Senate Judiciary Committee
AB 2895 (Nunez) Would have required driver's license applicants to submit either a
Social Security number or an affidavit, signed under penalty of perjury, the they are not
presently eligible for an one. Requires driver's license applicants unable to submit
satisfactory proof of legal residence to submit a birth certificate plus either a passport or
foreign identification card bearing the applicant's photograph. Prohibits DMV from
accepting identity documents issued by countries that have been designated by the federal
Secretary of State as state sponsors of terrorism. Requires driver's license applicants
without Social Security numbers to submit their fingerprint images, in order to obtain the
applicants' criminal records. Prohibits DMV from issuing a driver's license to an
applicant without a Social Security number if that applicant has been convicted of a
criminal offense other than driving without a license, driving an unregistered vehicle, or
driving without insurance. Vetoed by Governor
AB 3049 (Transportation) Codifies California's commercial motor vehicle (CMV) laws
to ensure substantial compliance with recent changes made to federal regulations.
Chapter 952, Statutes of 2004
SB 60 (Cedillo) Repeals the requirement for applicants for original driver's licenses and
identification cards to submit proof of their legal presence in the United States. Requires
DMV to accept either an applicant's social security account number, a federal individual
taxpayer identification number, or any other number or identifier it deems appropriate, on
its forms related to the issuance of driver's licenses or ID cards. Requires an applicant
who furnishes DMV with a federal individual taxpayer identification number to also
present DMV a birth certificate or record of birth issued by a foreign jurisdiction and, in
addition, either a matricula consular issued by the government of Mexico; a passport
issued by a foreign jurisdiction; a military identification card bearing the applicant's
photograph from his or her county of origin; or a driver's license bearing the applicant's
16
photograph, issued by a foreign jurisdiction or another American state, possession or
territory. Chapter 326, Statutes of 2003
SB 524 (Vasconcellos) Requires DMV to issue driver education satisfactory completion
forms to any private secondary school that has a current affidavit or statement on file
with the Superintendent of Education, certifying that the school is in compliance with
Education Code requirements. Repeals the July 1, 2004, sunset on provisions that
exempt driver education offered by private secondary schools from requirements to use
credentialed or certified instructors. Chapter 587, Statutes of 2004
SB 1269 (Morrow) Requires the Judicial Council, by June 1, 2005, to collect
information and compile a report on how courts work with traffic violator schools, home
study programs and Court Assistance Programs (CAPs), and on the fees charged by
CAPs, and to recommend approaches to setting a policy for CAP fees charged to traffic
violators who attend traffic school. Chapter 665, Statutes of 2004
SB 1697 (Torlakson) Consolidates within DMV the driver's license suspension,
restriction, and revocation functions for driving-under-the-influence arrests and
convictions. Chapter 551, Statutes of 2004
SB 1848 (Ashburn) Authorizes, in Alameda, Fresno, Kern, Los Angeles, Merced,
Orange, Placer, Riverside, Sacramento, San Diego, San Joaquin, San Luis Obispo, San
Mateo, Santa Barbara, and Santa Cruz Counties, a diversion program in lieu of imposing
jail sentences for persons who plead guilty or no contest or who are found guilty of
driving on a suspended license. Allows cities within these counties to establish such a
program in the city, if the city has a city attorney and the city council approves the
establishment of the program. Chapter 594, Statutes of 2004
SB 1 (Oller) Repeals SB 60 (Cedillo -- Chapter 326, Statutes of 2003) that would have
required DMV to accept either an applicant's social security account number, a federal
individual taxpayer identification number, or any other number or identifier it deems
appropriate, on its forms related to the issuance of driver's licenses or ID cards. SB 60
also would have repealed the requirement for driver's license applicants to present proof
of their legal presence in the US. Chapter 1, Statutes of 2003, Third Extraordinary
Session
17
HIGHWAY AND BRIDGES
AB 33 (Samuelian) Would have established two separate demonstration programs for
highway projects that are located in eight specific counties in the San Joaquin Valley
region, as defined. Died in Assembly Transportation Committee
AB 260 (Jackson) Requires Caltrans to assign a high priority to litter control along state
highways adjoining specified environmentally sensitive areas. Chapter 489, Statutes of
2003
AB 449 (Vargas) See Rules of the Road
AB 514 (Kehoe) See Transportation Agencies
AB 535 (Calderon) Authorizes the relinquishment to the City of Pico Rivera of
specified portions of State Highway Route 19 (SR 19), upon terms and conditions
established by the California transportation Commission, and also redefines the portion of
SR 19 that may be relinquished to the City of Downey. Chapter 177, Statutes of 2003
AB 692 (Dutra) Authorizes, until January 1, 2010, designated transportation authorities
in Alameda and Santa Clara counties, to enter into design-build contracts, according to
specified procedures, and requires each contract to prohibit construction or alteration of
any project without prior written approval of the plans by the county. Vetoed by the
Governor
AB 712 (Steinberg) As introduced, this bill was authored by Assemblywoman Judy Chu
and included provisions that would have authorized Caltrans to construct a noise
attenuation barrier (soundwall) on SR 60 in the City of Monterey Park between
Ferdinand Avenue and Wilcox Avenue. The was later amended to designate
Assemblyman Darrell Steinberg as the author, delete the entire contents and insert new
provisions regarding preschool education services. Vetoed by the Governor
AB 724 (Shirley Horton) – Would have prohibited Caltrans from installing external
lighting on overhead and ground-mounted signs on the state highway system and would
have codified standards for reflective sheeting on state highway signs. Died in Assembly
Transportation CommitteeCommittee
18
AB 793 (Nakanishi) Would have required Caltrans to include nonprofit blood centers
and blood banks as facilities that qualify for supplemental destination signs. Died in
Assembly Transportation Committee
AB 929 (Hancock) Would have authorized Caltrans to lease to the City of Albany a
surplus highway parcel for $1 per year and allow Albany to exercise a purchase option on
the property at half the state's current appraised value. Died in Senate Transportation
Committee
AB 1104 (Laird) Raises the penalty for failure to correct an illegal encroachment or
water diversion affecting a state or local highway right-of-way. Chapter 182, statutes of
2003
AB 1233 (Shirley Horton) Would have established the Highway Capacity Enhancement
Project Delivery Demonstration Act, a pilot program to evaluate the potential benefits of
an alternate approach during the environmental phase of project delivery, with a report
due back to the Legislature by July 1, 2006. Died in Assembly Appropriations
Committee
AB 1242 (Chu) Would have required a city to establish the minimum maintenance
requirements for a street closed or removed from public use at the time of such action.
Died in Senate Transportation Committee
AB 1271 (Dutton) Would have authorized the City of Rancho Cucamonga, in
cooperation with Caltrans, to construct soundwalls on specified portions of the north and
south sides of State Highway Route 210 without reimbursement by Caltrans. Died in
Assembly Transportation Committee
AB 3048 (Oropeza) As introduced, this measure was authored by the Assembly
Transportation Committee and included technical vehicle code provisions. The bill was
later amended (June 22, 2004) to designate Assemblywoman Jenny Oropeza as the
author, delete the prior contents, and insert provisions regarding the design-build method
of procurement within Caltrans. Died in Senate Transportation Committee
AB 1547 (Shirley Horton) Would have required a city, a county or a city and county that
receives allocations from state and federal excise tax revenues and utilizes those
allocations for local street and road purposes, to approve at least two reflective film
manufacturers as qualified to bid when soliciting bids for reflexive film material. The
manufacturers must appear on the prequalified products list that is maintained by
Caltrans. Failed passage in Assembly Transportation Committee
AB 1745 (Transportation) Grants Caltrans the discretion to reduce the amount of the
payment bond requirement for projects costing more than $250 million. The bond
amount could be reduced to half the contract cost or $500 million, whichever is less.
Chapter 186, Statutes of 2003
19
AB 2027 (Chan) Authorizes the relinquishment of a specified portion of SR 260 to the
City of Alameda. Chapter 325, Statutes of 2004
AB 2459 (Strickland) Would have required Caltrans to authorize the placement of a
sign on the north and south bound portions of State Highway Route 101 that indicates,
and is within one mile of the exit for, the World War II Aviation Museum and Camarillo
Airport. Died in Assembly Transportation Committee
AB 2823 (Benoit) Authorized the Caltrans to place and maintain signs on state highways
directing motorists to culturally unique and historically significant communities if certain
conditions are satisfied. Chapter 238, Statutes of 2004
ACR 2 (Mountjoy) Designates a portion of State Highway Route (SR) 210 as the
William H. Lancaster Memorial Highway. Resolution Chapter 76, Statutes of 2003
ACR 7 (Daucher) Designates a portion of Route 57 between Orangethorpe Avenue and
Yorba Linda Boulevard in Orange County as the CHP Officer Don J. Burt Memorial
Highway. Resolution Chapter 80, Statutes of 2003
ACR 17 (Cogdill) Designates that portion of Route 108 located in Tuolumne County as
the Tuolumne County Vietnam Veterans Memorial Highway. Resolution Chapter 89,
Statutes of 2003
ACR 19 (Aghazarian) Designates the portion of Route 99 between Mitchell Road and
the Stanislaus/Merced county line in the County of Stanislaus as the Joash E. Paul
Memorial Highway. Resolution Chapter 81, Statutes of 2003
ACR 29 (Benoit) Designates a portion of Route 62 as the California Highway Patrol
(CHP) Officer Daniel J. Muehlhausen Memorial Highway. Resolution Chapter 90,
Statutes of 2003
ACR 30 (Samuelian) Designates a portion of Route 99 as the William Bill Lehn
Memorial Highway. Resolution Chapter 82, Statutes of 2003
ACR 35 (Samuelian) Designates a specified portion of Route 99 as the Steven
Lindblom Memorial Freeway. Resolution Chapter 83, Statutes of 2003
ACR 38 (Houston) Designates the Fostoria overcrossing on Route 680 in the City of
San Ramon as the Thomas E. Burnett, Jr. Memorial Bridge. Resolution Chapter 84,
Statutes of 2003
ACR 39 (Chan) Designates the bicycle-pedestrian path that is proposed to run along the
proposed new eastbound deck of the San Francisco-Oakland Bay Bridge as the Alexander
Zuckerman Bicycle-Pedestrian Path." Resolution Chapter 94, Statutes of 2003
20
ACR 54 (Strickland) Designates the section of Route 101 in the County of Ventura, as
the Screaming Eagles Highway. Resolution Chapter 85, Statutes of 2003
ACR 58 (Nakano) Designates Route 1 from its junction with Route 5 at Dana Point in
Orange County and to its junction with Route 101 at Leggett in Mendocino County as a
Blue Star Memorial Highway. Resolution Chapter 108, Statutes of 2003
ACR 67 (Bermudez) Designates specified exits on State Highway Route 91 as the route
for the designation of Little India in the City of Artesia. This resolution also requests
Caltrans to determine the costs of appropriate plaques and markers and to erect same
upon receiving donations from nonstate sources sufficient to cover that cost. Resolution
Chapter 189, Statutes of 2004
ACR 71 (Chu) Designates the portion of Route 10 that is between the intersection with
Route 19 in the City of Rosemead, and the intersection with Route 605 in the City of
Baldwin Park as the El Monte Police Officer Donald Ralph Johnston Memorial Highway.
Resolution Chapter 115, Statutes of 2003
ACR 73 (La Suer) Designates the overpass on Route 8 at 2nd Street in El Cajon, the
Danielle Van Dam Memorial Overpass. Resolution Chapter 86, Statutes of 2003
ACR 115 (Canciamilla) Designates the overcrossing at Route 4 and Loveridge Road in
the City of Pittsburg in Contra Costa County as the Inspector Raymond J. Giacomelli
Memorial Overcrossing. Resolution Chapter 39, Statutes of 2004
ACR 121 (La Suer) Designates the section of Route 15 between Route 163 and
Miramar Road in the County of San Diego as the "Semper Fi Highway." Resolution
Chapter 40, Statutes of 2004
ACR 131 (Cox) Designates a specified portion of Route 50 as the William Alexander
Leidesdorff, Jr. Memorial Highway. Resolution Chapter 41, Statutes of 2004
ACR 133 (Bates) Designates Route 76, between the North Coast Highway and Douglas
Drive in the City of Oceanside, as the Oceanside Police Officer Tony Zeppetella
Memorial Highway. Resolution Chapter 137, Statutes of 2004
ACR 135 (Runner) Designates the portion of Route 138, from 136th Avenue to 195th
Avenue, as the Deputy Sheriff Sorensen Memorial Highway.
Resolution Chapter 42, Statutes of 2004
ACR 142 (Chavez) Designates the interchange of Route 605 and Route 210 as the Los
Angeles County Deputy Sheriff David W. March Memorial Interchange. Resolution
Chapter 122, Statutes of 2004
21
ACR 145 (Nakano) Designates the portion of the Route 405 between Rosecrans Avenue
in Manhattan Beach and Hawthorne Boulevard in Lawndale as the Martin L. Ganz
Memorial Highway. Resolution Chapter 148, Statutes of 2004
ACR 151 (Cox) Designates the bicycle bridge over Route 50 at Hazel Avenue in
Rancho Cordova as the George M. Clark Memorial Bicycle Bridge. Resolution Chapter
Chapter 149, Statutes of 2004
ACR 152 (Diaz) Designates the interchange of Route 85 and 101 as the Michael
Evanhoe Interchange; designates the Western Avenue overcrossing at Route 10, in the
City of Los Angeles, as the Reverend Cecil "Chip" Murray Overcrossing; and designates
the future alignment of Route 210 between its interchange with SR 15 and its eastern
terminus with the County of San Bernardino as the George E. Brown, Jr. Memorial
Highway. Resolution Chapter 175, Statutes of 2004
ACR 156 (Frommer) Designates the section of Route 5 between West Burbank
Boulevard in Burbank and Hollywood Way in Los Angeles as the Burbank Police Officer
Matthew Pavelka Memorial Freeway. Resolution Chapter 150, Statutes of 2004
ACR 162 (Kehoe) Designates a portion of Route 163 as the CHP Officer Dean E.
Beattie Memorial Highway. Resolution Chapter 123, Statutes of 2004
ACR 163 (Spitzer) Designates the interchange at Route 15 and Route 91 within the City
of Corona in the County of Riverside as the State Department of the California Highway
Patrol Officer Shannon Distel Memorial Interchange. Resolution Chapter 151, Statutes
of 2004
ACR 179 (Leslie) Designates a specified portion of Route 65 as the Officer Mark A.
White Memorial Highway. Resolution Chapter 126, Statutes of 2004
ACR 180 (Bogh) Designates Route 62 from its junction with Route 10 to Adobe Road in
Twentynine Palms as a Blue Star Memorial Highway. Resolution Chapter 127,
Statutes of 2004
ACR 185 (McCarthy) Designates the portion of Route 33 in Kern County between
Route 46 and 166 as the Petroleum Highway. Resolution Chapter 128, Statutes of
2004
ACR 189 (La Malfa) Designates the five-mile segment of Route 99 south of its
intersection with Route 70 in the County of Sutter as the Bernie Richter Memorial
Highway. Resolution Chapter 142, Statutes of 2004
ACR 209 (Parra) Designates the portion of Route 58 between SR 184 and the Kern
County-San Bernandino County Line as the Kern County Korean War Veterans
Memorial Highway. Resolution 194, Statutes of 2004
22
ACR 239 (Runner) Would have designated a portion of Route 14 as the William J.
"Pete" Knight Aerospace Highway. Died in the Assembly Transportation Committee
ACR 248 (Mountjoy) Designates a specified location on Route 18 in San Bernardino
County as the Donald S. Wieman Vista Point. Resolution Chapter 195, Statutes of
2004
ACR 249 (Mountjoy) Would have designated a portion of Route 138 as the Abiel
Barron Memorial Highway. Died in Assembly Transportation Committee
AJR 63 (Maze) Memorializes the President and Congress of the United States to enact
legislation to include Route 99 in the interstate highway system. Resolution Chapter
153, Statutes of 2004
SB 87 (Hollingsworth) Allows the California Transportation Commission (CTC) to
relinquish, to the City of Temecula (Riverside County), a segment of Route 79 located
within the city's limits or the city's sphere of influence. Chapter 386, Statutes of 2004
SB 104 (Machado) Authorizes the relinquishment of a specified portion of Route 84 to
the City of West Sacramento. Chapter 5, Statutes of 2003
SB 138 (Knight) See Transportation Financing
SB 380 (McClintock) Would have established uniform requirements for the evaluation
of current and future exclusive- or preferential-use lanes for high-occupancy vehicles
(HOV) based on the prescriptive study components and methodology established by this
bill. Died on the Assembly Appropriations Suspense file
SB 509 (Figueroa) Authorizes the CTC to approve a local alternative transportation
improvement program for the Route 238 corridor submitted on or before July 1, 2010.
The bill deletes provisions directing the CTC to authorize the sale of excess properties at
prevailing fair market prices, and makes other related changes. Chapter 611, Statutes of
2004
SB 792 (Sher) As introduced, this measure included provisions that established certain
requirements in judicial proceedings when evaluating a motion to stay or dismiss an
action so that it may be heard in a court in foreign country. The bill was later amended
(6/14/2004) to delete the prior contents and insert language that requires the Caltrans to
sell and transfer certain property under its control, in the County of San Mateo, as surplus
state property to the Department of Parks and Recreation (DPR) for state park purposes.
Chapter 390, Statutes of 2004
SB 795 (Karnette) Allows local Service Authorities for Freeway Emergencies (SAFEs)
to use their highway call box funds for Freeway Service Patrol (FSP) services and to
operate the FSPs in their areas. It also allows public entities to handle such calls.
Chapter 374, Statutes of 2003
23
SB 802 (Torlakson) Adds a portion of Route 84 and all of unconstructed Route 239 to
the list of interregional and intercounty routes specified in statute. State Highway Route
239, then, is eligible for state funding in the Interregional Transportation Improvement
Program. Chapter 598, Statutes of 2003
SB 1210 (Torlakson) Extends a pilot project to demonstrate the design-sequencing
method of contracting. Chapter 795, Statutes of 2004
SB 1375 (Scott) Authorizes the relinquishment of a specified portion of Route164 to the
Los Angeles County if the California Transportation Commission (CTC) determines that
the relinquishment is in the best interest of the State. Chapter 396, Statutes of 2004
SB 1578 (Romero) Authorizes the California Transportation Commission (CTC) to
relinquish any portion of Route 39 to the City of West Covina under certain conditions.
Chapter 399, Statutes of 2004
SB 1793 (McPherson) As introduced, this measure would have authorized four local
transportation authorities in Alameda, Santa Clara, Los Angeles and Santa Cruz Counties
to use a design-build procurement process for the construction of highway transportation
projects. The bill was later amended to declare the intent of the Legislature explore the
use of alternate methods of financing and delivering transportation projects, including
design-build, design sequencing, and various forms of private financing, including tolls.
Died in the Assembly Transportation Committee
SCR 3 (Florez) Designates the intersection of Route 41 and Route 99 in the city of
Fresno as the "Rosa Parks Interchange". Resolution Chapter 98, Statutes of 2003
SCR 17 (Poochigian) Designates a portion of Route168 in and near the City of Clovis in
Fresno County as the Deputy Sheriff Dennis E. Phelps Memorial Highway. Resolution
Chapter 106, Statutes of 2003
SCR 24 (Morrow) Designates two specified portions of Interstate 5 in the County of
San Diego in the memory of California Highway Patrol Officers Stephen M. Linen, Jr.
and Sean Nava. Resolution Chapter 127, Statutes of 2003
SCR 35 (Florez) Designates the portion of Route 198 from 18th Avenue in Lemoore to
25th Avenue near Lemoore as the United States Navy Lieutenant Commander Otis
Vincent Tolbert Memorial Highway. Resolution Chapter 51, Statutes of 2004
SCR 43 (Machado) Designates the five-mile segment of Highway 99 between Hammer
Lane and Highway 4 in the City of Stockton (San Joaquin County) as the "Women
Veterans' Highway." Resolution Chapter 43, Statutes 2003
24
SCR 45 (Chesbro) Designates the bridge located on Route 29, six miles north of
Middletown, as the Frank and Elly Hartmann Bridge. Resolution Chapter 52, Statutes
of 2004
SCR 46 (Ashburn) Designates the portion of Route 395 from the southern city limits of
Bishop to its intersection with Warm Springs Road in Inyo County as the Police Officer
Richard Perkins Memorial Highway. Resolution Chapter 53, Statutes of 2004
SCR 50 (Ashburn) Designates the portion of Route 178, between M Street and Fairfax
Road in the City of Bakersfield, in Kern County as the "CHP Officer David W. Manning
Memorial Freeway." Resolution Chapter 117, Statutes of 2004
SCR 53 (Hollingsworth) Designates, as the "Firefighter Steven Rucker Memorial
Highway," the 15-mile segment of Highway 79 from Santa Ysabel to Cuyamaca in San
Diego County. Resolution Chapter 114, Statutes of 2004
SCR 64 (Ducheny) Designates, as the "Chief F.S. "Pete" Pedroza Memorial Highway,"
the six-mile segment of Highway 111 from Calexico to Interstate 8 in Imperial County.
Resolution Chapter 116, Statutes of 2004
SCR 65 (Speier) Redesignates the Eugene A. Doran Bridge on Route 280 as the Officer
Eugene A. Doran and Marine Lance Corporal Patrick M. Doran Memorial Bridge.
Resolution Chapter 138, Statutes of 2004
SCR 67 (McPherson) Designates a portion of Route 1 in Santa Cruz County as the CHP
Officer John Pedro Memorial Highway. Resolution Chapter 118, Statutes of 2004
SCR 68 (Chesbro) Designates a portion of Route 29 and Trancas Road in Napa County
as the John Castro Memorial Interchange. Resolution Chapter 119, Statutes of 2004
SCR 69 (Chesbro) Designate a portion of Route 101 in Humboldt County as the
"Everett and Louella Thomas Memorial Highway. "Resolution Chapter 120, Statutes
of 2004
SCR 70 (Ducheny) Designates a portion of Route 78 in the County of Imperial as the
Victor V. Vesey Expressway. Resolution Chapter 121, Statutes of 2004
SCR 78 (Cedillo) Designates the interchange of Routes 101 and 110 in the City of Los
Angeles as the Bill Keene Interchange. Resolution Chapter 165, Statutes of 2004
SCR 84 (Denham) Designates the Westly rest stop on Route 5 in the County of
Stanislaus as the Larry Combs Memorial Rest Stop. Resolution Chapter 166, Statutes
of 2004
25
MASS TRANSPORTATION AND RAILROADS
AB 117 (Kehoe) Allows the governing board for the San Diego Metropolitan Transit
Development Board (MTDB) to participate in labor negotiations and to enroll its
employees in the state retirement system. Chapter 202, Statutes of 2003
AB 467 (Dutra) Requires, after January 1, 2005, that all ticket vending machines at
public transit stations which are replaced or improved to include video instructions to
also include audio instructions. Chapter 141, Statutes of 2003
AB 684 (Dutra) Would have established requirements and a process for the
development of standards for interoperability of electronic fare media "Smartcards" and
associated collections systems. Died in Assembly Transportation Committee
AB 813 (Salinas) See Transportation Financing.
AB 935 (Diaz) See Transportation Financing
AB 1004 (Leslie) Would have required a public transit operator, before approving a
service reduction or route restructuring of bus service greater than 25% of total revenue
miles, or a fare increase for budget deficit purposes, to conduct a 3rd party competitive
procurement process for a route or routes that the operator determines will minimize all,
or a portion of, the planned service reduction. The bill would not have required the
operator to contract with the 3rd party to provide these services. Died in Assembly
Transportation Committee
AB 1618 (Firebaugh) Requires railroads operating in California to develop a protocol
for rapid communications with the Office of Emergency Services (OES), the CHP, and
designated county public safety agencies in an endangered area in the event of a runaway
train or any other uncontrolled train movement. Chapter 125, Statutes of 2004
AB 1798 (Levine) Would have allowed the Los Angeles Metropolitan Transportation
Authority (MTA), to proceed with construction on the Metro Orange Line through the
San Fernando Valley. Died in Senate Environmental Quality Committee
AB 2085 (Montanez) See Rules of the Road
AB 2434 (Bates) Would have required the California Public Utilities Commission
(PUC) to approve specified railroad crossings in the City of San Clemente on or before
June 30, 2004. Died in Assembly Transportation Committee
AB 2471 (Longville) Would have required the Office of the Legislative Analyst (LAO)
to conduct a study of costs to transit operators for providing transit service to new
26
housing developments of more than 150 units, and also would have required the LAO to
estimate the costs to local governments for accommodating an auto-oriented environment
in these housing developments. Died in the Assembly Transportation Committee
AB 2522 (Nakanishi) Would have allowed the Stockton Metropolitan Transit District
(SMTD) to procure supplies and let construction contracts in greater amounts without
having to follow competitive bidding rules. Failed passage in the Assembly
Transportation Committee
AB 2865 (Bogh) See Transportation Financing
ACR 40 (Dymally) Requests that a task force be established to develop a proposal for
the planning and construction of a railroad grade separation at a specific intersection in
the City of Compton and a report be submitted to the Governor and the Legislature by
January 1, 2005. Resolution Chapter 104 of 2003
AJR 37 (Firebaugh) Would have endorsed Amtrak's 2003-2004 fiscal year $1.812
billion budget request, five-year capitol plan and the enactment of federal legislation
providing states with rail system funding. Requests that Members of Congress
representing California cosponsor and support passage of that legislation. Died in the
Senate Rules Committee
SB 504 (Kuehl) See Transportation Agencies
SB 1169 (Murray) See Transportation Financing
27
OFF-HIGHWAY VEHICLES
SB 232 (Karnette) Provides that, in addition to a single seat designed to be straddled by
the operator, the seating arrangement of an all-terrain vehicle may include a seat for no
more than one passenger. Allows an all-terrain vehicle designed for use by an operator
and not more than one passenger, to carry a passenger when operating on public lands.
Chapter 252, Statutes of 2003
SB 637 (Knight) Allows peace officers to drive off-highway vehicles upon highways in
emergency response situations. Chapter 135, Statutes of 2003
28
RULES OF THE ROAD
AB 45 (Simitian) Would have made it an infraction, operative January 1, 2005, to drive
a motor vehicle while using a wireless telephone, unless that telephone is designed and
configured to allow hands-free operation, and is used in that manner while driving. Died
in the Senate Transportation Committee
AB 114 (Nakano) Would have allowed hybrid vehicles to be operated in high
occupancy vehicle lanes, regardless of the number of occupants in the vehicle. Died in
Assembly Transportation Committee
AB 340 (Frommer) Prohibits the purchase, possession, manufacture, installation, sale,
offer for sale, and distribution of a device that is capable of sending a signal that
interrupts or changes the sequence patterns of an official traffic control signal. Exempts
authorized emergency service and public transit passenger vehicles and personnel from
the provisions of this bill. Chapter 338, Statues of 2004
AB 377 (Chan) See Vehicle and Vessel Equipment and Safety
AB 449 (Vargas) Would have authorized Caltrans to determine the maximum speed on
any bridge approach on a state highway. Died in Assembly Appropriations Committee
AB 557 (Lowenthal) Would have authorized any transit operator to adopt provisions of
a pilot project, scheduled to terminate on January 1, 2004, that requires a motorist to yield
the right-of-way to a transit bus when merging with traffic after making a stop for
passengers. Died in Senate Transportation Committee
AB 575 (Dutra) Would have required all California registered trucks engaged in the
transportation of specified hazardous materials to be equipped with a remote disabling
device and a global positioning system receiver. Failed passage in Senate
Transportation Committee
AB 638 (Longville) Would have provided that, upon arrest, an officer may impound the
vehicle of a person with a prior DUI conviction within seven years if the person was
driving the vehicle with a blood alcohol-level 0.10 percent or more or refused to submit
to or complete a chemical test requested by the peace officer. Died in the Assembly,
pending concurrence with Senate amendments
AB 872 (Strickland) When considered by the committee, the bill would have allowed
local agencies, when conducting engineering and traffic surveys in order to set speed
limits on urban, divided, and restricted access arterial highways, to consider residential
density along the highway, as well as pedestrian and bicyclist safety. The bill was
29
subsequently amended to instead allow the consideration of the safety of persons at work
on the highway. Died in Senate Transportation Committee
AB 894 (Firebaugh) Makes it an infraction for a person to smoke a pipe,
cigar, or cigarette in a vehicle, whether in motion or at rest, in which there is a child
passenger who is required to be secured in a child passenger restraining system. Died in
Assembly Governmental Organization Committee
AB 1022 (Oropeza) Implements the recommendations provided by the California
Bureau of State Audits (BSA) regarding the operation and implementation of red light
cameras at intersections. Chapter 511, Statutes of 2003
AB 1200 (Longville) Would have made the safety helmet requirement for drivers and
passengers of motorcycles, motor-driven cycles, or motorized bicycles, applicable only to
those drivers and passengers who are under 18 years of age. Specifies that a person who
operates or rides on a motorcycle, motor-driven cycle, or motorized bicycle without a
safety helmet is deemed to have consented to making an anatomical gift. Failed passage
in Assembly Transportation
AB 1303 (Simitian) Provides that it is not a violation of law to block the view of a rear
license plate if it is obstructed by a wheelchair lift or wheelchair carrier and the vehicle
has a disabled license plate or displays a disabled parking placard. Chapter 626,
Statutes of 2003
AB 1511 (Benoit) Would have prohibited a driver of a motor vehicle from engaging in
an activity that interferes with the safe operation of the vehicle when that person
simultaneously commits another unsafe driving violation. Died in the Assembly
Appropriations Committee
AB 1625 (Benoit) Deletes the inclusion of specified costs and assessments in the total
fine imposed for seat belt violations. Chapter 521, Statutes of 2003
AB 1697 (Pavley) See Vehicles & Vessel Equipment & Safety
AB 1737 (Nakano) Would have required law enforcement collision reports to include
information on whether a wireless telephone or other driver distraction or inattention is
an associated factor in a collision. Died in the Assembly Appropriations Committee
AB 1828 (Simitian) Prohibits a driver from using a wireless phone while
operating a vehicle, unless the phone is specifically designed and configured to allow
hands-free operation and is used in that manner. Died in Assembly Transportation
Committee
AB 1854 (Simitian) Requires, beginning July 1, 2005, that a motor vehicle have its
headlamps activated during inclement weather, as specified. Chapter 415, Statutes of
2004
30
AB 1951 (Benoit) Clarifies that drivers are required to obey regulatory traffic signs or
signals, as defined, that have been erected or maintained to enhance traffic safety or
operations. Chapter 203, Statutes of 2004
AB 2001 (Nation) Would have added Marin County to the list of counties that may
adopt the double fine zone for school zone provisions. Died in the Senate Public Safety
Committee
AB 2020 (Maze) As introduced, this measure included provisions regarding sex
offenders. The bill was later amended (April 12, 2004) to delete the prior contents and
insert new provisions that would have authorized a local authority by ordinance or
resolution to permit senior citizens, and persons unable to move about as pedestrians by
reason of physical disability, to operate golf carts, motorized quadricycles, motorized
tricycles, and low-speed vehicles, on streets and highways under its jurisdiction that are
designated under an ordinance or resolution. Died in the Assembly Transportation
Committee
AB 2029 (Vargas) Would have allowed San Diego County, and cities within that
county, to establish a school pedestrian-bicyclist safety program and receive funds from a
special account in the county treasury if those funds are used to finance programs that
enhance the safety of pupils traveling to and from school on foot or by bicycle. The
school pedestrian-bicyclist safety program includes provisions that increase fines for
specified traffic violations occurring within school zones. Died in Senate Public Safety
AB 2085 (Montanez) Increases the penalty for approaching or attempting to traverse a
railroad grade crossing in an unsafe manner. Vetoed by Governor
AB 2215 (Nakanishi) Would have added certain peace officers to the list of peace
officers authorized to operate a vehicle displaying the blue warning lights. Died in
Assembly Transportation Committee
AB 2237 (Parra) Increases the penalty for a second conviction for driving at a speed
greater than 100 miles per hour within three years to $750 and the penalty for a third such
conviction within five years to $1,500. Chapter 300, Statutes of 2004
AB 2353 (Leslie) Authorizes, until January 1, 2009, the establishment of rules for the
operation of neighborhood electric vehicles (NEVs) within the Cities of Lincoln and
Rocklin. Chapter 422, Statutes of 2004
AB 2568 (Yee) Would have created a double-fine zone on Route 1 in San Francisco
from the intersection of 19th Ave and Juniper/Serra Boulevard and ending at the
intersection of State Highway Route 1 and Lake Street. Died in Senate Public Safety
Committee
31
AB 2628 (Pavley) Allows single-occupant alternative fuel vehicles meeting the state's
AT PZEV standard and achieving 45 miles per gallon or greater fuel economy to display
decals, authorizing them to use HOV lanes, contingent upon federal authorization.
Allows the issuance of no more than 75,000 of these decals, or 50,000 if Caltrans makes
a specified determination. Requires Caltrans to suspend HOV lane privileges for lowemission vehicles on any particular HOV lane if it finds that the lane, or any portion of it,
attains a specified level of traffic congestion and it is not feasible to alleviate the
congestion by other means. Chapter 725, Statutes of 2004
AB 2721 (Laird) Would have created three Safety Enhancement-Double Fine Zones in
Monterey County. Died in the Senate Transportation Committee
AB 2740 (Bogh) Would have authorized the County of Riverside, when conducting an
engineering and traffic survey in order to establish a speed limit, to consider levels of
safety and noise, and other environmental factors that may impact the physical and
economic operations of established film and sound studios immediately adjacent to
county roads, in addition to the other factors specified under existing law. Died in the
Assembly Transportation Committee
AB 2785 (Nakano) Makes it an infraction to operate school bus or transit
vehicle while using a wireless telephone. Chapter 505, Statutes of 2004
AB 2844 (La Suer) Increases the allowable height of motorcycle handlebars from a
person's shoulder height to no more than six inches above a person's shoulders when
sitting astride the seat. Chapter 280, Statutes of 2004
AB 2997 (Firebaugh) Would have made it an infraction for a person to smoke a pipe,
cigar, or cigarette in a vehicle, whether in motion or at rest, in which there is a child
passenger who is required to be secured in a child passenger restraining system. Died on
the Assembly Floor
SB 408 (Torlakson) Prohibits a person under the age of 21, convicted of driving with a
blood alcohol content of .01 percent or more, from receiving a restricted driver's license,
based on a showing of critical need to drive, if that person has been convicted of
specified DUI violations within seven years, or has had their license suspended or
revoked within that seven year period. Allows any official record of a chemical test
analysis, maintained in a government forensic laboratory, and electronically transmitted
to DMV via computer, to be admitted as evidence in DMV administrative proceedings.
Chapter 254, Statutes of 2003
SB 612 (Oller) Exempts, until January 1, 2006, a local community in Sacramento
County from the requirement to establish a golf cart transportation plan in order to allow
golf carts and low-speed vehicles, within the territory of the Rancho Murieta Community
Services District (RMCSD) to cross at two specific intersections on State Route (SR) 16,
under specific conditions. Chapter 16, Statutes of 2003
32
SB 637 (Knight) See Off-Highway Vehicles
SB 1084 (Torlakson) Would have designated specified portions of state highways and
county roads as Safety Enhancement-Double Fine Zones. Died in the Senate Public
Safety Committee
SB 1087 (Soto) Extends the January 1, 2005, sunset date on the Safe Routes to School
Program until January 1, 2008, and also extends the grant program until January 1, 2008.
Chapter 392, Statutes of 2004
SB 1582 (Bowen) Would have prohibited a driver under the age of 18 from using a
wireless telephone while operating a motor vehicle. Died in Assembly Transportation
Committee
SB 1800 (Murray) Would have allowed law enforcement to impose an infraction upon a
motorist that engages in a distracting activity, as defined, while operating a motor
vehicle. Died in Assembly Transportation Committee
33
TRANSPORTATION AGENCIES
AB 13 (Harmon) Authorizes Caltrans to transfer a specific environmental mitigation
property to a local public agency or non-profit corporation for open space or land
conservation purposes. The bill would establish the terms and conditions of such a
property transfer. Chapter 503, Statutes of 2003
AB 198 (Nation) Would have prohibited transportation agencies from selling or
disseminating information generated by motorists who pay tolls or fares electronically.
The bill was subsequently amended to deny specific tax incentives related to the
acquisition and utilization of large sport utility vehicles in a trade or business. Failed
passage in Senate Revenue & Taxation Committee
AB 361 (Kehoe) Establishes a public collaborated planning process by which the San
Diego Consolidated Transportation Agency (CTA) would move forward on issues
involving comprehensive planning in the San Diego region. Chapter 508, Statutes of
2003
AB 365 (Jerome Horton) Gives city attorneys prosecuting specified misdemeanor
actions the same 24-hour access to DMV records that is already granted to the Attorney
General, district attorneys, law enforcement agencies, public defenders and public
defender investigators. Chapter 127, Statutes of 2003
AB 392 (Montanez) Would have codified a policy within the Department of Caltrans
and thereby established the Community Based Transportation Planning (CBTP) and
Environmental Justice (EJ) Grant Programs in state law. Died in the Senate
Transportation Committee
AB 466 (Steinberg) Amends the provisions that established the governance structure of
the Sacramento Regional Transit District (RT); defines terms related to RT's services,
operations and agreements, and allows the RT board to undergo future expansion to
include entities receiving services in exchange for financial support. Chapter 620,
Statutes of 2004
AB 514 (Kehoe) As approved by the Assembly Transportation Committee, this measure
would have allowed Caltrans to lease real property it owns along Interstate 5 and
Highway 163 to the City of San Diego for the purpose of developing a public park. The
bill was later amended to delete the prior contents and insert language that requires
certain urban water suppliers, on or after March 1, 2013, to charge customers for water
based on the actual volume of deliveries as measured by a water meter. Chapter 680,
Statutes of 2003
34
AB 692 (Dutra) See Highways & Bridges
AB 710 (Correa) Expands the membership of the Orange County Transportation
Authority (OCTA) from 12 members to 18 members and revises the composition and
representation of the OCTA governing board. Chapter 469, Statutes of 2004
AB 773 (Strickland) Would have revised the composition of the governing board of the
Ventura County Transportation Commission (VCTC). Vetoed by the Governor
AB 1590 (Laird) Would have authorized the Santa Cruz County Board of Supervisors,
the Santa Cruz Metropolitan Transit District, and the Santa Cruz County Regional
Transportation Commission to enter into a joint powers agreement to create the
Santa Cruz County Highway 1 Widening/HOV Authority. The bill would authorize the
authority to develop and construct the Highway 1 Widening/HOV project in Santa Cruz
County; provide for a 5-member board to govern the authority and grants that board
specified powers. Died in the Assembly Transportation Committee
AB 1652 (Nakano) Would have expanded the number of members of the Los Angeles
Metropolitan Transportation Authority (LACMTA) governing board from 14 to 16
members by increasing the number of appointees from the cities in Los Angeles County.
Died in the Assembly Appropriations Committee
AB 1720 (Nunez) Requires the Los Angeles County Metropolitan Transportation
Authority (MTA) to use specified state operation subsidies on a monthly basis, to fund
specified health and welfare benefits and maintain a reserve as specified. Died on the
Assembly Inactive File
AB 2043 (Lowenthal) Requires the California Marine and Intermodal Transportation
System Advisory Council (CALMITSAC) to hold public hearings, compile
comprehensive data on port-related issues and report to the Legislature on its findings.
Chapter 942, Statutes of 2004
AB 2741 (Salinas) Would have expanded the membership of the Metropolitan
Transportation Commission (MTC) governing board from 19 to 21 members. Died in
Assembly Local Government Committee
AB 2784 (Pavley) Redefines the composition of the governing board of the Ventura
County Transportation Commission. Chapter 432, Statutes of 2004
AB 2908 (Wolk) Would have increased the membership of the Metropolitan
Transportation Commission from 19to 21 members, and provided for 3 members each
from the Counties of Alameda and Santa Clara. Died in the Assembly Transportation
Committee
35
SB 248 (Murray) See Vehicle Registration & Licensing
SB 504 (Kuehl) Establishes the Exposition Metro Line Construction Authority
(Authority) to oversee and administer final design and construction contracts for the
completion of a Los Angeles-Exposition light rail project from downtown Los Angeles to
the City of Santa Monica. Chapter 827, Statutes of 2003
SB 849 (Torlakson) Requires that the Metropolitan Transportation Commission (MTC)
and the Association of Bay Area Governments (ABAG) include the Bay Area Air Quality
Management District (BAAQMD) in the joint policy committee of the ABAG-MTC Task
Force, by June 30, 2005; and further requires that joint policy committee coordinate the
development and drafting of major planning documents prepared by all three entities
because land use, transportation, and air quality are interrelated; and also requires that
representatives from each of the nine regional counties be on the joint policy committee.
Chapter 791, Statutes of 2004
SB 915 (Perata) Provides for the continuation of the San Francisco Bay Area Water
Transit Authority (BAWTA). Chapter 714, Statutes of 2003
SB 924 (Karnette) Would have established an eight-member Global Gateways
Development Council, in the Business, Transportation and Housing Agency, to advise on
the needs of commercial transportation in California. Vetoed by the Governor
SB 1130 (Scott) Extends by two years, until January 1, 2007, the authority for transit
operators to use the design-build construction process for transit-related construction
projects. Specifies that this authorization applies only to transit projects. Chapter 196,
Statutes of 2004
SB 1189 (Chesbro) Authorizes Caltrans to contract with federally recognized Indian
tribes for the performance of specified transportation duties. Chapter 274, Statutes of
2004
SB 1303 (Torlakson) Makes a minor change to an existing provision of law relative to
representation on the Board of Pilot Commissioners by clarifying that the Board's two
industry members must be substantial users of any of the waters of the Bays of San
Francisco, San Pablo, Suisun, or Monterey. Chapter 560, Statutes of 2004
SB 1381 (Kuehl) Would have statutorily required the Director of Caltrans to work with
a task force to make recommendations to ensure policies that enhance bicycling and
walking and seek adequate funding for those policies; and also would have required
Caltrans to maintain its database of rail right-of-way and to document how each district
office considers the needs of non-motorized travelers. Vetoed by the Governor
36
TRANSPORTATION FINANCING
AB 118 (Frommer) Would have required rental car companies to charge an impact fee
to be deposited in the State Highway Account (SHA) to fund road improvement and
traffic congestion relief projects near airports and tourist destinations. Died on the
Senate Floor
SB 138 (Knight) Authorizes Caltrans to enter into an agreement with a private entity for
the construction of a toll road in Los Angeles and San Bernardino Counties. This bill
prohibits Caltrans from closing Route 138 upon the completion of the toll road, as
specified. Died in Assembly Transportation Committee
AB 204 (Nation) Would have authorized a fee of up to $4 on motor vehicle registrations
in participating counties in the San Francisco Bay Area to address environmental impacts
caused by motor vehicles. Failed passage in Senate Transportation Committee
AB 420 (Longville) Would have included county welfare-to-work transportation
programs among the alternative transportation methods included within the congestion
management program. Died in the Assembly Transportation Committee
AB 427 (Longville) Deletes the 20-year limitation on the duration of a local
transportation sales tax and provides that any such tax remain in effect for the period of
time specified in the tax ordinance. Chapter 129, Statutes of 2003
AB 443 (Mathews) Would have required Caltrans and the CTC to establish a Rural
Transit System Grant Program to purchase, construct, and rehabilitate transit facilities,
vehicles, and equipment, including energy efficiency retrofits, and to purchase rights-ofway for transit systems. Died in Assembly Transportation Committee
AB 487 (Frommer) Seeks to allow rental car companies to recoup new increased
vehicle license fee (VLF) costs from consumers and requires rental car companies to
charge an impact fee to be deposited in the State Highway Account (SHA), to fund road
improvement and traffic congestion relief projects near airports and tourist destinations.
Vetoed by the Governor
AB 574 (Yee) Would have authorized the San Francisco Board of Supervisors to levy an
additional unspecified fee on the annual registration of motor vehicles in that city.
Revenues from the fee would be used to construct, improve, and maintain local streets
and highways. Died in Senate Appropriations Committee
37
AB 813 (Salinas) Allows, in certain instances, a transit agency to continue receiving
state and local operating subsidies while excluding certain additional costs from the
calculation of specific performance ratios. Chapter 354, Statutes of 2003
AB 875 (Wyland) Would have required all of the revenues in the Highway Users Tax
Account to be apportioned proportionally to each county in which the revenues were
generated and to be used solely for freeway construction purposes, effective January 1,
2004. Died in Assembly Transportation Committee
AB 935 (Diaz) Authorizes the Santa Clara Valley Transportation Authority (VTA) to
impose special benefit assessments and issue bonds based on that revenue for the purpose
of funding the construction, maintenance and operation of rail transit stations and
associated facilities. Chapter 727, Statutes of 2003
AB 1096 (Bermudez) As passed by the Assembly, this bill would have prohibited
storage garage lien holders from charging a lien sale preparation fee unless they provide
specified information to the person redeeming the vehicle. Subsequently, these
provisions were deleted and instead the new language required the California
Transportation Commission to allocate, from funds appropriated for the state
transportation improvement program, the sum of $166,200,000 for specified
transportation projects. Died in the Senate Transportation Committee
AB 1289 (Benoit) Would have deleted the January 1, 2003 deadline for Caltrans to
solicit proposals and enter into agreements with private entities or consortia for the
construction of 2 toll road projects thereby providing an indefinite extension of this
authority. The bill would also have authorized Caltrans to solicit proposals and enter into
agreements for 2 additional toll road projects. Died in Assembly Transportation
Committee
AB 1500 (Diaz) Would have assessed a $1 fee on each barrel of crude oil refined in
California, to be used for remediation of petroleum related pollution in the state's air,
water and land. Died in Assembly Transportation Committee
AB 1546 (Simitian) Authorizes the City/County Association of Governments of San
Mateo County to assess an annual fee of up to $4 on vehicles registered within that
county for programs to manage traffic congestion and storm water pollution. Chapter
931, Statutes of 2004
AB 1809 (La Malfa) Would have subjected flatbed motortrucks with a manufacturer's
gross vehicle weight rating of less than 11,500 pounds and an unladen weight of less than
8,001 pounds to a weight fee schedule based on unladen weight, when the trucks are
owned and operated by farmers or their employees and used for agricultural operations.
Died in Assembly Appropriations Committee
AB 2032 (Dutra) Authorizes the operation of demonstration programs on specified
highways in Alameda, San Diego and Santa Clara counties where single occupant
38
motorists would be allowed to access high occupancy vehicle (HOV) lanes by paying a
toll. Chapter 418, Statutes of 2004
AB 2366 (Dutra) As introduced, this measure was authored by Assemblywoman Wilma
Chan and included provisions that would have authorized the Bay Area Air Quality
Management District to levy an additional $1 vehicle registration surcharge on motor
vehicle registrations within its jurisdiction. The bill was later amended (August 23,
2004) to delete the prior contents and insert language regarding the Toll Bridge Seismic
Retrofit Program. The bill would have revised the financial and administrative
responsibilities for the seismic retrofit and replacement of state-owned toll bridges in the
Bay Area. This bill would have consolidated management of toll bridge revenues under
the Bay Area Toll Authority (BATA), and required BATA to provide up to $520 million
in additional toll revenues to Caltrans for the purpose of awarding a contract for the selfanchored suspension (SAS) portion of the Bay Bridge. Died on the Senate Floor
AB 2372 (Correa) Would have required a regional agency requesting a reserve of funds
in a future county share period of the State Transportation Improvement Program (STIP)
to identify the year in which a project will be programmed. Died in Assembly
Transportation Committee
AB 2456 (Spitzer) Would have established a baseline level of funding for allocations to
planning, programming and monitoring (PPM) costs projects fixed at the amount
allocated by the CTC during the 2002 State Transportation Improvement Program
(STIP). Died in the Assembly Appropriations Committee
AB 2498 (Longville) Establishes the Freeway Service Patrol program's current formulabased allocation as the baseline funding level for the program and make the funding
available to additional agencies that have their program applications approved after
meeting program criteria, eligibility requirements, and cost-effectiveness ratios. Chapter
638, Statutes of 2004
AB 2526 (Oropeza) Would have diverted one-quarter cent of the excise tax on diesel
fuel to the Carl Moyer Program. Died in Assembly Appropriations Committee
AB 2665 (Leslie) Makes changes to the Harbors and Navigation Code regarding loans
for the construction of marinas. Chapter 534, Statutes of 2004
AB 2666 (Maldonado) Requires, effective January 1, 2006, the State Controller to
allocate Off Highway Vehicle (OHV) identification plate fee revenues to cities and
counties based upon the proportional estimated OHV use and related activity within the
respective jurisdictions. Chapter 908, Statutes of 2004
AB 2847 (Oropeza) Would have imposed, until January 1, 2008, a fee at an unspecified
rate on each gallon of gasoline and diesel fuel sold for use in California, to finance the
maintenance, operation, improvement, and construction of state highways and local roads
39
and to finance environmental programs that mitigate the air impacts of motor vehicles.
Died in Assembly Appropriations Committee
AB 2865 (Bogh) Would have postponed for two years the scheduled November 2, 2004
vote on the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.
The Bond Act instead would have been submitted to the state's voters at the November 7,
2006 general election. Died in the Senate Transportation Committee
AB 2880 (Pavley) Would have increased by $2 the maximum surcharge an air district
may impose on vehicle registrations to implement programs to remediate the air pollution
harms caused by motor vehicles. Died in Senate Third Reading File
AB 3011 (Laird) Would have authorized the Santa Clara Valley Transportation
Authority (VTA) to impose, from July 1, 2005 to January 1, 2010, a maximum $4 fee on
the initial registration and annual renewal of motor vehicles registered in Santa Clara
County, the revenue from which would have help fund a program designed to manage
traffic congestion and to construct, improve and maintain the county's roadways. Died in
the Assembly Appropriations Committee
AB 3050 (Transportation) As introduced, this measure included provisions regarding
investment income for the Toll Bridge Seismic Retrofit Account. The bill was later
amended to delete the prior contents and insert language to increase the amount that the
San Joaquin Regional Transit District (SJRTD) can purchase or construct without
soliciting bids. Chapter 651, Statutes of 2004
ACA 7 (Dutra) Would have authorized, upon approval of the state's voters, a local
transportation agency and a regional transportation agency, as defined, to impose or
extend a sales and use tax at the rate of ½ % to fund transportation projects with the
approval of 55% of the voters in their jurisdiction. Died on the Assembly Floor
ACA 21 (Bogh) Would have submitted a measure for voter approval to increase the
voting requirement for suspension of Proposition 42 from two-thirds (2/3) to four-fifths
(4/5) of each house of the Legislature. Died in the Assembly Transportation
Committee.
ACA 24 (Dutra) Would have submitted a measure for voter approval to delete a
constitutional provision that allows the suspension of all or part of the annual transfer of
money from the General Fund (GF) to the Transportation Investment Fund (TIF), as
enacted by Proposition 42 of March 2002, and would have added a provision governing
loans from the TIF to the GF or other accounts. Died in the Assembly Appropriations
Committee
ACA 29 (Harman) Would have submitted a measure for voter approval to eliminate a
constitutional provision that allows the suspension of all or part of the annual transfer of
money from the General Fund (GF) to the Transportation Investment Fund (TIF), as
40
enacted by Proposition 42 of March 2002. Died in the Assembly Appropriations
Committee
AJR 37 (Firebaugh) See Mass Transportation and Railroads
SB 314 (Murray) Authorizes the Los Angeles County Metropolitan Transportation
Authority (MTA), upon county voter approval, to impose a transactions and use tax at the
rate of .50% for a duration of six and one half years or less, to help fund a specific list of
transportation projects and programs. Chapter 785, Statutes of 2003
SB 460 (Alpert) See Miscellaneous
SB 671 (Florez) Revises disclosure requirements relative to alcohol content in motor
vehicle fuel mixtures and the amount of federal excise taxes that are imposed on motor
vehicle fuel. Chapter 63, Statutes of 2003
SB 673 (Florez) As introduced, this measure included provisions regarding mortgage
guaranty insurance rates. The bill was later amended (July 14, 2003) to delete the prior
contents and insert new language that sought to relax and revise wording requirements
for a local transportation ballot measure in Fresno County. Vetoed by the Governor
SB 916 (Perata) Authorizes a special election to be held in seven specified counties in
the San Francisco Bay Area to determine whether a $1 increase in vehicle tolls on stateowned bridges in those counties should take effect. Revenues would be used to fund a
comprehensive program to reduce congestion and improve travel options in the bridge
corridors and approaches. The bill also overhauls and revises existing statutes regarding
toll bridges, tolls, and the powers and functions of the Metropolitan Transportation
Commission (MTC), in its capacity as the Bay Area Toll Authority (BATA), a separate
entity with specific fiduciary and other administrative responsibilities for those facilities.
Chapter 715, Statutes of 2003
SB 1169 (Murray) Delays the scheduled vote on the Safe, Reliable High-Speed
Passenger Train Bond Act (Bond Act) by two years, requiring that the proposal be
submitted to the state's voters at the November 7, 2006 general election rather than the
November 2, 2004 general election and makes technical conforming changes consistent
with the two-year postponement. Chapter 71, Statutes of 2004
SB 1443 (Murray) Would have provided that monies in the Highway Users Tax
Account (HUTA) for the prior fiscal year are continuously appropriated and may be
encumbered for their constitutional and statutory purposes in any year in which a Budget
Act has not been enacted by July 1, or until such a time that the Budget Act is enacted.
Died in Assembly Appropriations Committee
SB 1507 (Burton) Codifies CTC's adopted policy and guidelines regarding the issuance
of federal Grant Anticipation Revenue Vehicles (GARVEE) bonds or notes for financing
state transportation projects. Chapter 793, Statutes of 2004
41
SB 1793 (McPherson) As introduced, this measure would have authorized four local
transportation authorities in Alameda, Santa Clara, Los Angeles and Santa Cruz Counties
to use a design-build procurement process for the construction of highway transportation
projects. The bill was later amended to declare the intent of the Legislature explore the
use of alternate methods of financing and delivering transportation projects, including
design-build, design sequencing, and various forms of private financing, including tolls.
Died in the Assembly Transportation Committee
42
TRUCKS
AB 582 (Cogdill) Authorizes the County of Tuolumne to approve an ordinance
prohibiting the use of Old Priest Grade by vehicles that exceed a weight limit of 7,500
pounds or more. Chapter 15, Statutes of 2003
AB 845 (Vargas) Prohibits an unlicensed carrier from bringing any legal action for
moving services rendered and allows a consumer who used an unlicensed mover to
recover all compensation paid to that mover. Requires disclosure of the "Not to Exceed"
contract price three days in advance of the move. Requires a carrier to release goods
upon payment of the "Not to Exceed" price. Limits the carrier's lien on goods to the "Not
to Exceed" price and places additional restrictions on the lien rights available to carriers.
Makes a carrier jointly and severally liable for loss and damage caused by a subhauler.
Chapter 646, Statutes of 2003
AB 1009 (Pavley) Requires that any commercial truck over 10,000 pounds operating in
California present evidence, upon demand, that its engine meets the federal emissions
standards for that engine's model year; and further requires that the California Air
Resources Board and the California Highway Patrol establish regulations and an
inspection protocol within the existing truck inspection infrastructure to determine
compliance of those model-year standards. Chapter 873, Statutes of 2004
AB 1238 (Firebaugh) Establishes new commercial motor carrier applicant fees for the
CHP Biennial Inspection of Terminals (BIT) program, and required motor carrier permit
applicants to provide the DMV with enrollment information. Senate Amendments added
provisions extending enforcement for a Safety Enhancement-Double Fine Zone on a
specified stretch of State Route 101. Chapter 729, Statutes of 2003
AB 1651 (Firebaugh) Would have prohibited intermodal terminals from imposing per
diem or detention charges on intermodal motor carriers for transactions involving cargo
shipped by intermodal transport when the intermodal terminal's truck gate is closed, the
terminal has restricted hours, the delivery of an intermodal chassis or container is
prohibited, denied, or redirected, the terminal is assessed a fine for excessive truck idling
at the gate, or the motor carrier is not notified of the number of free days specified to the
consignee of the intermodal shipment in its contract with the steamship line. Requires
the waiver of any per diem or detention charge assessed for the period commencing
September 15, 2002, and terminating on February 1, 2003, inclusive. Requires the
reimbursement of any per diem or detention charge assessed and subsequently collected
during that period. Died on the Assembly Floor
AB 2024 (Bermudez) Requires the Ports of Los Angeles and Long Beach to collect
statistics and evaluate changes to the goods movement network and to collect statistics
regarding compliance with existing efforts to achieve specified goals. Chapter 941,
Statutes of 2004
43
AB 2201 (Firebaugh) Makes five changes to various commercial truck-related
provisions including: 1) Clarifying existing law by allowing commercial trucks
transporting a load of aggregate material that complies with the safe loading requirements
of Vehicle Code (VC) Section 23114(e)(4) to operate that vehicle on the highway without
covering the load; 2) Clarifying that both the commercial trucks and its trailer that is
engaged in making pickups or deliveries is exempt from VC Section 22507, a provision
that allows local authorities to prohibit or restrict the parking or standing, on any street,
or portion thereof, in a residential district, of commercial trucks having a manufacturer's
gross vehicle weight rating of 10,000 pounds or more; 3) Creating a new incentive for
commercial trucks to continue safe driving and maintenance of its vehicles by allowing
these trucks with multiple terminals to combine their required inspections only if they
have not had an unsatisfactory compliance rating within the previous 36 months; 4)
Providing payment protection for subhaulers that contract with transportation brokers
who are not required to be bond; and 5) Requiring that the Uniform Business License Tax
fee payments that are paid by commercial trucks be deposited by the DMV directly into
the General Fund, instead of first into the Motor Vehicle Account and then subsequently
into the General Fund. Chapter 518, Statutes of 2004
SB 127 (Chesbro) Extends the current sunset date of January 1, 2004 to January 1, 2007
of the law that allows specified licensed carriers of livestock to continue to travel on
specified portions of SR 101. Also requires CHP, in consultation with Caltrans, to
continue to study the public safety effects of allowing livestock carrier to travel on
portions of SR 101 in Mendocino, Humboldt, and Del Norte Counties. Chapter 188,
Statutes of 2003
SB 799 (Denham) Defines retriever units as two-axle motortrucks that are equipped
with self-loading beds designed and used exclusively to transport six tons or less of hay
in stacks for short distances from the field to a storage area. Exempts retriever units from
registration if they have and display identification plates and are transporting stacked hay,
or returning from the delivery of stacked hay, for a distance of not more than ten
continuous road miles on a highway from one parcel of property owned, leased, or
controlled by a farmer to another parcel of property owned, leased, or controlled by that
farmer. Vetoed by Governor
SB 1135 (Chesbro) Would have exempted licensed flowers or ornamental plant carriers
from the state's vehicle length limit on State Highway Route (SR) 101, (approximately
130 miles in length), for a period of one year under specified conditions. Died in
Assembly Appropriations Committee
SJR 7 (Karnette) Requests the President and Congress of the United States (U.S.) to
continue the current federal truck size and weight limitations and to oppose proposals to
experiment with longer and heavier trucks on public highways in the reauthorization of
the federal Transportation Equity Act for the 21st Century (TEA-21). Resolution
Chapter 103, Statutes of 2003
44
VEHICLE AND VESSEL REGISTRATION AND LICENSING
AB 62 (Bermudez) As considered by the committee, the bill would have established a
Martin Luther King Jr./Cesar Chavez license plate and provides for the special fees
assessed for these plates to be made available, after reimbursing DMV for its costs, and
upon appropriation, to the Board of Governors of the California Community Colleges for
allocation to community college districts to establish Extended Opportunity Programs
and Services. The bill was subsequently amended to exempt from the Outdoor
Advertising Act advertising displays used exclusively to identify development projects,
business centers, associations, or community announcements located within the
jurisdiction of, or used by, the City of Whittier to support economic development or
community activities. Died in Senate Rules Committee
AB 213 (Leslie) See Vehicle Vessel & Equipment Safety
AB 299 (Lowenthal) Requires the impoundment of a taxicab or other "for hire"
passenger vehicle if reasonable cause is established to show that the vehicle is operating
in violation of specified licensing requirements. It also prohibits limousines from
advertising as being taxicabs. Chapter 658, Statutes of 2003
AB 351 (Bermudez) Would have established a CAL-PAL license plate and required the
Controller, upon appropriation, to make funds from the special fees available for the
support of California Police Activities League programs. The bill was subsequently
amended to require that, prior to the approval of an acquisition of conservation land, at
least one independent appraisal of the fair market value of the land must be conducted,
and the information be made public. Died in the Assembly, pending concurrence in
Senate amendments
AB 477 (Haynes) Would have transfered to DMV the responsibility for authorizing
special interest license plates. Failed passage in Senate Transportation Committee
AB 532 (Yee) Would have created a Classroom Instruction Report license plate.
Requires the proceeds, after deducting DMV's costs, to be allocated, upon appropriation,
to school districts to fund classroom instruction support programs, including, but not
limited to, the purchase of books and instructional materials. Died in Senate Rules
Committee
AB 541 (Runner) As considered by the committee, the bill would have established a
California Amber Alert Network license plate and allocates funds from the plate's special
fees, upon appropriation by the Legislature, to the CHP solely for expenditure on
administration, equipment purchases, and local projects that support the California
45
Amber Alert Network. The bill was subsequently amended to specify that fuel injection
and engine flush services are not repairs for the purposes of the enhanced Smog Check
program, thereby authorizing test-only stations to perform those services. Died in Senate
Transportation Committee
AB 618 (Levine) Would have established collegiate and professional sports teams
license plates and requires special fee revenues to be made available, upon appropriation,
solely for promoting women's participation in high school and collegiate athletics. Died
in Senate Rules Committee
AB 987 (Leslie) As considered by the committee, the bill would have established an
HIV and AIDS license plate and required the first $250,000 of additional fee revenue,
after deducting DMV's administrative costs, to be used for grant programs for HIV and
AIDS education and care among communities of color. The balance of revenues would
be used to finance hospice care, particularly to support facilities providing care for
individuals dying of AIDS. The bill was subsequently amended to make permanent a
special authorization that allows the Plumas Unified School District to receive necessary
small school funding. Chapter 105, Statutes of 2004
AB 1116 (Mountjoy) As considered by the committee, the bill would have established a
California National Guard license plate. The bill was subsequently amended to require
DMV, upon request by an individual or organization that has been issued a commercial
requester account, to provide special expedited access to the information in its files
through telephone or electronic mail, or through any other method capable of providing
an equally rapid response. Died in Senate Transportation Committee
AB 1118 (Levine) Would have established an animal welfare license plate. Requires the
proceeds, after DMV's administrative costs have been reimbursed, to be allocated, upon
appropriation, to each county in proportion to the number of plates sold in that county.
Counties receiving funds would distribute them to animal welfare agencies to fund spay
and neuter programs, adoption assistance programs, and capital expenditures for animal
welfare facilities. Died in Senate Rules Committee
AB 1206 (Harman) Would have required persons processing DMV documents for a
vehicle registration service to hold a technician's license or permit. Died in Senate
Appropriations Committee
AB 1272 (Dutra) Prohibits a manufacturer or distributor from selling or distributing a
new motor vehicle for which two plates have been issued unless the vehicle is equipped
with brackets or other means to secure the plates. Allows a person to take delivery of a
vehicle from a dealer without a front license plate bracket if the dealer obtains from that
person a signed written acknowledgement expressly refusing installation of the bracket.
Chapter 365, Statutes of 2004
AB 1285 (Salinas) As considered by the committee, the bill would have established an
agricultural design license plate. It would have required the additional revenues, after
46
DMV's costs have been reimbursed, to be allocated, upon appropriation, to the California
Future Farmers of America Foundation to fund agricultural education and outreach
programs, including not less than ten percent for scholarships for agricultural employees
or their children. The bill was subsequently amended to deal with sexually violent
predators. Died in Senate Public Safety Committee
AB 1526 (Dutra) Would have provided that if a law enforcement agency determines that
a motor vehicle is not registered soley because of a lack of an appropriate smog
certificate, the motor vehicle would be required to be released to the owner who would be
issued a warning and granted 30 days to obtain the appropriate certification and complete
the registration of the motor vehicle. Died in Assembly Transportation Committee
AB 1555 (Nakano) Requires motorized recreational vessels to be equipped with
mufflers that meet certain conditions. Prohibits manufacturing for sale motorized
recreational vessels not equipped with mufflers that bring them into noise compliance,
unless the vessel's sole purpose is to compete in racing events. Revises allowable noise
levels. Requires law enforcement officers utilizing decibel-measuring devices to be
knowledgeable and proficient in the use of those devices. Chapter 496, Statutes of 2003
AB 1787 (Bogh) Requires DMV to waive all penalties that may be due for late payment
of vehicle registration renewal fees for any period during which the registered owner has
been deployed to a location outside of the state. Chapter 188, Statutes of 2004
AB 2209 (Wiggins) Would have allowed out-of-state registered vehicles to be rented in
California. Died in Assembly Appropriations Committee
AB 2606 (Plescia) Makes changes to the issuance of DMV documents as follows: 1)
Allows, until January 1, 2008, a DMV licensed registration service to submit an
application for a duplicate certificate of title, a substitute certificate of title, or a
replacement license plate on behalf of specified individuals or groups; 2) Allows, in
addition to initial or transfer registrations of a vehicle, an "expedited" duplicate certificate
of ownership to be completed within a 72-hour period, as specified; and 3) Increases a
registration service's liability bond amount, from $5,000 to $25,000, for the issuance or
renewal of a registration service license in order to cover any loss to the public or the
State of California during the course of the operation of the registration service. Chapter
430, Statutes of 2004
AB 2848 (Keene) Brings all-terrain vehicle dealers, manufacturers, and distributors
under the purview of the New Motor Vehicle Board. Chapter 836, Statutes of 2004
SB 248 (Murray) Extends the jurisdiction of the New Motor Vehicle Board to include
recreational vehicle dealers. Specifies that a person's rights to take legal action regarding
transactions involving RVs are not affected by this bill. Chapter 703, Statutes of 2003
47
SB 378 (Morrow) Includes victims of stalking within existing statutory provisions
requiring DMV immediately to provide a new set of license plates to victims of certain
crimes. Chapter 153, Statutes of 2003
SB 871 (Torlakson) Allows DMV to provide, from the accident reports that it receives
from law enforcement agencies, license plate numbers and accident report numbers to
persons with commercial requester accounts who have entered into a specified agreement
with DMV. Requires such an agreement to limit the use of that information to the
purposes of identifying a vehicle that has been damaged in a traffic accident. Chapter
336, Statutes of 2004
SB 1213 (Scott) Raises the additional fee for the original issuance of California Arts
Council special interest plates to $50, from the current $30. Raises the additional fee for
renewal of registration of those plates to $40, from the current $15. Requires the Arts
Council to use the revenue derived from these fee increases exclusively for arts education
and local arts programming. Chapter 393, Statutes of 2004
SB 1235 (Murray) Would have repealed existing statutes regarding the issuance of
special interest license plates. Would have prohibited the issuance or replacement of any
special interest license plates for which there are less than 7,500 plates outstanding, but
would have allowed any plates issued prior to such a prohibition to continue to be used.
Would have required DMV to develop a legislative proposal, in compliance with federal
court opinions, allowing the Legislature to select organizations to sponsor state agencies
through special interest license plate programs. Failed passage on Assembly floor
SB 1500 (Speier) Requires insurers to submit insurance data electronically to DMV by
January 1, 2006. Requires DMV, between the expiration of the low-cost car insurance
pilot programs in Los Angeles and San Francisco and January 1, 2006, to provide
residents of those counties with information regarding affordable car insurance printed on
the suspension, cancellation, or revocation notice in English and Spanish. Chapter 920,
Statutes of 2004
SB 1784 (Karnette) Defines a collector motor vehicle as a motor vehicle owned by a
collector that is used primarily in shows, parades, charitable functions, and historical
exhibitions for display, maintenance, and preservation, and is not used primarily for
transportation. Chapter 107, Statutes of 2004
48
VEHICLE AND VESSEL EQUIPMENT AND SAFETY
AB 213 (Leslie) Provides that data recorded by a vehicle's recording device is the sole
property of the registered owner and may not be retrieved by any other person, except:
(1) with the owner's consent, (2) pursuant to a court order, (3) by the vehicle
manufacturer for the purpose of improving safety if the identity of the owner is not
disclosed, or (4) to repair the vehicle. The bill also requires the presence of a recording
device to be disclosed in the vehicle's owner's manual. Chapter 427, Statutes of 2003
AB 301 (Reyes) Prohibits, with specified exceptions, the operation of a motor vehicle if
a video monitor, video screen, or any device capable of receiving a video signal is located
in the front of the drivers seat, or in view of the driver. Chapter 303, Statutes of 2003
AB 377 (Chan) Prohibits the installation of "whistle-tips" on any exhaust system.
Whistle tips are devices that are installed on exhaust systems for the sole purpose of
emitting an amplified high-pitched or shrieking noise when the vehicle is operated.
Imposes a fine of $250 for violations of this requirement, and a fine of $1000 for
engaging in the business of installing whistle-tips. Chapter 432, Statutes of 2003
AB 551 (Cohn) Would have made it an infraction for a person to sell or offer for sale a
device capable of sending a signal that interrupts or changes the sequence pattern of an
official traffic control signal, unless the ultimate use of the device is by a peace officer or
a person who is authorized to operate an authorized emergency vehicle in the scope of his
or her duties. Died in Assembly Transportation Committee
AB 1662 (Plescia) Allows recreational vehicles to exceed 102 inches in width if the
excess width was caused by specified equipment. Chapter 222, Statutes of 2003
AB 1697 (Pavley) Requires, beginning January 1, 2005, that children in a vehicle under
the age of six or who weigh less than 60 pounds must be secured in a child passenger
restraint system in the rear seat of the vehicle, with some specified exceptions. Chapter
524, Statutes of 2003
AB 2139 (Maze) Revises, recasts and conforms current provisions on the use of child
passenger restraints and revises provisions governing education programs established for
those who violate child restraint requirements. Chapter 420, Statutes of 2004
AB 2222 (Koretz) Establishes operational restrictions and notice requirements aimed at
preventing or reducing the risk of exposure to carbon monoxide (CO) emissions from
boating vessels. Chapter 565, Statutes of 2004
49
AB 2503 (Liu) Requires a rental car company to provide a renter of a 15-passenger van
with a copy of the United States Department of Transportation, National Highway Traffic
Safety Administration's consumer advisory for 15-passenger. Chapter 883, Statutes of
2004
AB 2653 (Strickland) Would have allowed certain public agencies to obtain additional
funding to enhance boating safety in areas of their jurisdiction. Died in the Assembly
Transportation Committee
SB 1085 (Murray) Prohibits the purchase, possession, manufacture, installation, sale,
offer for sale, and distribution of a device that is capable of sending a signal that
interrupts or changes the sequence patterns of an official traffic control signal. Exempts
authorized emergency service and public transit passenger vehicles and personnel from
the provisions of this bill. Chapter 391, Statutes of 2004
SB 1236 (Murray) Allows a vehicle to be equipped with a supplemental nighttime
visibility system in order to improve driver visibility on roadways during darkness; and
establishes standards and requirements for the operation and use of such equipment.
Chapter 198, Statutes of 2004
50
MISCELLANEOUS
AB 338 (Levine) Would have defined the term "asphalt containing crumb rubber" and
required Caltrans to require the use of asphalt containing crumb rubber at a specified
percentage, by ton, of the total amount of asphalt paving materials used for state highway
and construction projects that use asphalt as a construction material. Vetoed by the
Governor
AB 753 (Leslie) – As approved by the Assembly Transportation Committee, this bill
included provisions that would have required each state agency that employs 15 or more
full-time employees in the Sacramento metropolitan area to submit a report to Caltrans
and the Legislature by June 30, 2004. The report must provide information regarding
alternatives to commuting during peak traffic times. The bill was later amended to delete
the prior contents and insert provisions regarding health benefits for the surviving
spouses of firefighters and peace officers. Chapter 440, Statutes of 2004
AB 1408 (Wolk) Requires a party responsible for the discharge, or threatened discharge,
of oil in marine waters to immediately report the discharge to both the Office of
Emergency Services (OES) and requires this report to include an assessment of the
condition of each pipeline. Chapter 563, Statutes of 2004
AB 1651 (Firebaugh) Would have prohibited intermodal terminals from imposing per
diem or detention charges on intermodal motor carriers for transactions involving cargo
shipped by intermodal transport when the intermodal terminal's truck gate is closed, the
terminal has restricted hours, the delivery of an intermodal chassis or container is
prohibited, denied, or redirected, the terminal is assessed a fine for excessive truck idling
at the gate, or the motor carrier is not notified of the number of free days specified to the
consignee of the intermodal shipment in its contract with the steamship line. Would have
required the waiver of any per diem or detention charge assessed for the period
commencing September 15, 2002, and terminating on February 1, 2003, inclusive.
Would have required the reimbursement of any per diem or detention charge assessed
and subsequently collected during that period. Died on the Assembly Floor
AB 1663 (Dutra) Extends by five years the sunset date for the local vehicle theft
program and requires the CHP to report on the program's effectiveness by January 1,
2009. Chapter 514, Statutes of 2004
AB 1717 (Transportation) Enacts one of the Assembly Transportation Committee's
annual omnibus bills, containing non-controversial and technical provisions. Chapter
525, Statutes of 2003
51
AB 1718 (Committee on Transportation) Makes various technical, nonsubstantive
changes to the Code of Civil Procedure, Streets and Highways Code, and Vehicle Code.
Chapter 451, Statutes of 2003
AB 2041 (Lowenthal) Would have established a Port Congestion Management District
to alleviate congestion in the Ports of Los Angeles and Long Beach by, among other
things, charging a fee for commercial traffic moving in and out of the Ports during
business hours. Would have allowed fee revenues to be used for projects to encourage
inland shipping of cargo into and out of the ports via means other than by commercial
motor vehicle, including, but not limited to, rail. Would have required all marine
terminals at the Ports, and all shipping lines being serviced at those marine terminals, to
provide offpeak operations to persons who order shipments. Died in Senate
Appropriations Committee
AB 2157 (Reyes) Transfers the Commissioner of the Department of the California
Highway Patrol from the jurisdiction of the Business, Transportation and Housing
Agency to an independent, cabinet-level position. Died in the Assembly
Appropriations Committee
AB 2566 (Nakano) Holds the owners of motorized recreational vessels responsible for
their operation in compliance with noise standards. Chapter 130, Statutes of 2004
AB 3047 (Transportation) Enacts the Assembly Transportation's annual omnibus bill, a
measure that makes technical and non-controversial changes to the Streets & Highways
Code, and the Vehicle Code. Chapter 650, Statutes of 2004
SB 315 (Transportation) Enacts the Senate Transportation Committee's annual
omnibus bill, containing non-controversial and technical provisions. Chapter 594,
Statutes 2003
SB 460 (Alpert) Exempts employees of the Treasure Island Development Authority
(TIDA) from the local civil service terms of employment in the City and County of San
Francisco and suspends the current "maintenance effort" (MOE) requirement for cities
and counties during years when funds are not allocated under Proposition 42. Chapter
716, Statutes of 2003
SB 552 (Burton) As passed by the Assembly Transportation Committee, this bill would
have required the Director of the Caltrans to submit to the Legislature a summary of all
payments received by Caltrans for a grant or conveyance through land or facilities for
telecommunications and information technologies purposes. The bill was subsequently
amended to require state agencies to adopt specified procurement and use policies to
increase the fuel efficiency and reduce the petroleum usage of the vehicles leased or
owned by the state. Chapter 737, Statutes of 2003
52
SB 1233 (Transportation) Enacts the Senate Transportation's annual omnibus bill,
legislation that makes various technical, non-substantive changes to the PUC code,
Streets and Highways Code, and the Vehicle Code. Chapter 615, Statutes of 2004
SB 2591 (Leno) Increases the penalties for operating a charter-party carrier or taxicab
without a valid certificate or in violation of a local ordinance. Chapter 603, Statutes of
2004
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