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2005 Legislative Session

The issues you see here are 2004 Legislatuion issues that are affecting
the trucking industry and other miscellaneous issues for 2005

Vehicle Industry News - 2004 Legislation effecting 2005
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Legislative Updates by Brooks Ellison
CDTOA's Legislative Advocate
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- For quick reference make your bill selection -
AB 1087 (DeVore) Dealing with vehicles loads and spil prevention
Status: ASM, Last amended date 05/02/2005
Current Location: ASM Appropriations, Last Action date 5/25/2005
Calendar Events:
Summary: Existing law prohibits a vehicle from being driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. A first-time violation of this prohibition is punishable as an infraction, and a second or subsequent violation occurring within 2 years of a prior
violation is punishable as a misdemeanor.

This bill would establish the fine for an infraction violation of this provision to $50 for each object dropped, sifted, leaked, blown, or spilled, or otherwise escaped from the vehicle, that is less than one pound in weight, or one cubic foot in volume, or 10 square feet in dimension, and to $500 for each escaped object that is equal to or more than those measurements.

Because this bill would increase the level of law enforcement services, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Digest: AB 1087, as amended, DeVore. Vehicles: loads: spill prevention. Existing law prohibits a vehicle from being driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. A first-time violation of this prohibition is punishable as an infraction, and a
second or subsequent violation occurring within 2 years of a prior violation is punishable as a misdemeanor.

This bill would establish limit the fine for an infraction violation of this provision to a fine that is not to exceed a total of $50 for each incident in which one or more objects are dropped, sifted, leaked, blown, or spilled,
or otherwise escaped from the vehicle, if each of the objects is less than one pound in weight, or one cubic foot in volume, or 10 square feet in dimension, and to a fine that is not to exceed a total of $500 for each incident in which one or more of the escaped objects is equal to or more than those measurements.

Because this bill would increase the level of law enforcement services, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
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AB 26 (Mountjoy) Commercial Requester Accounts Access
Status: In committee: Set, second hearing, held under submission
Current Location: ASM Appropriations 5/25/2005
Calendar Events:
Summary:

(1) Existing law authorizes the Department of Motor Vehicles to establish commercial requester accounts for individuals or organizations and issue requester codes for the purpose of obtaining information from the department's files.

This bill would require the department, 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, in the manner requested by that individual or organization. The bill would require the department, in implementing this requirement, to ensure that the privacy and confidentiality of the information in its files is protected. The bill would require the department to charge the
requester a fee in an amount sufficient to cover the reasonable costs to the department in providing the special expedited access.

(2) The bill would declare that it is to take effect immediately as an urgency statute.

Digest:

AB 26, as amended, Mountjoy. Vehicles: commercial requester
accounts: access.

(1) Existing law authorizes the Department of Motor Vehicles to
establish commercial requester accounts for individuals or
organizations and issue requester codes for the purpose of obtaining
information from the department's files.

This bill, until January 1, 2008, would require the department, upon request by an individual or organization that has been issued a commercial requester account, to provide special expedited access to the automated name index information and vehicle registration information in its files through telephone access, as approved by the department, in the manner requested by that individual or organization. The bill would require the department, in implementing this requirement, to ensure that the privacy and confidentiality of the information in its files is protected. The bill would require the department to charge the requester a fee in an amount sufficient to cover the actual costs, as described, not to exceed $20 per request, to the department in providing the special expedited access.

The bill would allow the department to charge a fee that does not exceed $40 per request for the first 12 months following the effective date of this bill. The bill would require the department to undertake a study regarding telephone access and to report its findings and recommendations to the Legislature within 2 years after the effective date of the bill.

The bill would appropriate $400,000 from the Private Investigator Fund to the Department of Motor Vehicles for purposes of the bill.

(2) The bill would declare that it is to take effect immediately
as an urgency statute.

Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: no.

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AB 697 (Oropeza) Dealing with appropriations of
funds to the Highway Users Tax Account
Status: In committee: Set, second hearing. Held under submisson 5/25/2005
Current Location: ASM Appropriations
Calendar Events:
Summary: An act to amend Section 2101 of, and to amend the heading of Chapter 3 (commencing with Section 2100) of Division 3 of, the Streets and Highways Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.
Digest: Article XIX of the California Constitution requires revenues from state excise taxes on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the cost of collection and any refunds authorized by law, to be used for various street and highway purposes and for certain mass transit guideway purposes. Existing law requires state excise fuel tax revenues to be deposited in various accounts and to be allocated, in part, for
various purposes, including the cost of collection and authorized refunds.

Existing law requires the balance of these funds remaining after authorized deductions to be transferred to and deposited monthly in the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for formula apportionment of specified revenues in the Highway Users Tax Account to cities and counties for the transportation purposes authorized by Article XIX of the California Constitution, and generally requires the remaining revenues to be transferred to and deposited in the State Highway Account in the State Transportation Fund. Existing law provides that the money in the Highway Users Tax Account is appropriated for the above-described transportation purposes, but also generally provides that the money in the State Highway Account may not be expended until appropriated by the Legislature.

This bill, in any year in which the Budget Act has not been enacted by July 1, would provide that all moneys in the Highway Users Tax Account in the Transportation Tax Fund from the prior fiscal year are continuously appropriated and may be encumbered for certain purposes until the Budget Act is enacted. The bill would thereby make an appropriation. The bill would authorize the Controller to make estimates in order to implement these provisions.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
scal committee: yes. State-mandated local program: no.
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AB 850 (Canciamilla) Dealing with Toll Road Agreements
Status: In committee: Set, Second hearing. Held under submission 5/25/2005
Current Location: ASM Appropriations
Calendar Events:
Summary: Existing law, until January 1, 2003, authorized the Department of Transportation to solicit proposals and enter into agreements with private entities or consortia for the construction and lease of no more than 2 toll road projects, and specified the terms and requirements applicable to those projects.

This bill would instead authorize the department to enter into comprehensive development franchise agreements with public and private entities or consortia for specified types of transportation projects, as defined, subject to certain requirements and conditions.

The bill would authorize tolls to be collected after the termination of a franchise agreement period, subject to approval of the California Transportation Commission. The bill would require a franchise agreement to allow the department to acquire by condemnation or negotiation the financial value of a competing toll facility if the department opens a competitive state facility in the same corridor. The bill would enact other related provisions.
Digest:
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SB 372 (Margett) Size, Weight and Load, Local Authorities Issuance of variance permits
Status: To Committee on Trans.
Current Location:05/23/2005
 
Summary: Existing law imposes limits on the size, weight, and load of vehicles that may be operated on the highway and authorizes the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to issue permits to operate vehicles exceeding the specified size, weight, and load
limits.

Existing law authorizes a local authority to charge a fee for the issuance of the specified permits, if the fee is established by ordinance or resolution after notice and hearing. Existing law requires that special services necessitated by unusually large or heavy loads requiring engineering investigations, escorts, tree trimming, or other services be billed separately for each permit.

This bill would exclude from the list of special services that are required to be billed separately any services necessary to provide the notification required under these provisions and services that are within the scope of the local authority's ordinary duty to provide.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
Digest: EXISTING LAW:

SECTION 1. Section 35795 of the Vehicle Code is amended to read:

35795. (a) (1) The Department of Transportation may charge a fee for the issuance of permits pursuant to this article. The

(2) The fee established by the Department of Transportation pursuant to this section shall be established by a regulation adopted pursuant to Chapter 4.5
(commencing with Section 11371) of Part 1 of Division 3 of Title 2 of
the Government Code, and shall be calculated to produce a total estimated revenue that is not more than the estimated total cost to that department for administering this article. Special services necessitated by unusually large or heavy loads requiring engineering investigations, or other services, may be billed separately for each permit.
The

(3) The funds collected by the Department of Transportation pursuant to this section shall be deposited in the State Highway Account in the State Transportation Fund.

(b) Local authorities may charge a fee for the issuance of permits pursuant to this article. However, the fee established by a local authority pursuant to this section shall be established by ordinance or resolution adopted after notice and hearing. The fee shall be calculated to produce a total estimated revenue that is not more than the estimated total cost incurred by the local authority in administering its authority under this article and shall not exceed the fee developed by the Department of Transportation pursuant to subdivision (a). The fee for the issuance of permits shall be developed in consultation with representatives of local government and the commercial trucking industry. Notice of the hearing shall be
by publication as provided in Section 6064 of the Government Code.

The hearing shall be held before the legislative body of the local authority. All objections shall be considered and interested parties shall be afforded an adequate opportunity to be heard in respect to their objections. Special services necessitated by unusually large or heavy loads requiring engineering investigations, escorts, tree trimming, or other services , excluding services necessary to provide the notification required under this section and services
that are within the scope of the local authority's ordinary duty to provide, shall be billed separately for each permit.
Nothing

(c) Nothing in this section shall limit or restrict the application of Section 35782.

 
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ACR 23 (Garcia) Intrastate trucking and traffic congestion passed out on an "A" roll call vote, meaning that everybody in the committee voted "AYE"
Status: In Senate, To Committee on RLS
Current Location:05/27/2005
 
Summary: This measure would urge the Department of Transportation, in consultation with the cities of the state, to examine the flow of traffic to develop commercial trucking routes that would provide for the most direct movement through a city in order to reduce the time that trucks are in city limits and the level of pollution that is
created, and would urge cities to incorporate this process as part of the revisions to their general plans.
Fiscal committee: yes.
Digest:

WHEREAS, There is a need to determine the most available cost-effective means to reduce four-and five-axle commercial truck traffic from congested urban freeways and city and county streets and roads by efficiently and responsibly managing commercial vehicle routing through the state, cities and county which could have a direct benefit to all traffic during peak commute hours; and

WHEREAS, The effect of changing traffic management techniques on commuters, employees, employers, producers and receivers of shipments by truck, and commercial trucking companies will reduce congestion and pollution from commercial trucking in cities; and counties; and

WHEREAS, The identification of grid-lock routes and feasible alternative routes that may be utilized for demonstration projects will aid cities and counties; and the Department of Transportation in determining trucking routes for the most direct movement through each city and county;; and

WHEREAS, The use of alternative routes and the rerouting of truck traffic through surrounding areas that are outside specific congested areas in cities and counties; will reduce accidents during peak hour traffic; and

WHEREAS, The reduction of urban grid-lock in California and the adoption of traffic improvement techniques will reduce the time that trucks are in city limits and county areas;and the levels of pollutants that are discharged in urban areas; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring,That the Legislature strongly urges the Regional Transportation Planning Agencies, in consultation with the cities and counties of the state, and the Deaprtmnt of Transportation, to examine the flow of traffic to develop commercial trucking routes that provide for the most direct movement through a city and county in order to reduce the time that trucks are in city limits and county areas and the level of pollution that is created; and be it further

Resolved, That the Legislature strongly urges cities and counties; to incorporate this process as part of their revisions to their general and specific plans respectively; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.

 
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Vehicle Industry News - 2004 Legislation

This is a brief summary of the 2004 legislation which will impact the Department of Motor Vehicles’ (DMV) operations only.

It is not a complete list of all 2004 legislative bills. All changes become effective
January 1, 2005, unless otherwise stated.
If you are interested in further information regarding these bills, visit the legislative information website at www.leginfo.ca.gov

VEHICLE REGISTRATION
Air Pollution Fee Changes
Addresses a number of issues regarding local air quality fees.
Specifically:
• Authorizes an increase in the surcharge from $4 to $6 that air quality management districts (AQMDs) may levy on motor vehicle registrations within their jurisdictions.
• Expands the types of emissions covered by the Carl Moyer Memorial Air Quality Standards Attainment Program.
• Increases the California Tire Fee collected by tire companies by $0.75 to fund ARB and AQMDs programs to mitigate or remediate air pollution caused by tires.
• Sunsets these provisions on Jan. 1, 2015.

Vehicle Fee for Congestion and
Stormwater Management Programs

Authorizes the City/County of San Mateo to impose an annual fee of up to $4 on every vehicle registered in San Mateo County to fund programs to reduce traffic congestion and storm water pollution.
This fee will be collected by the DMV with the annual vehicle registration renewal.

Pollution and Smog Check Changes for Voluntary Vehicle Retirement Incentives
Changes the allocation for smog abatement fees to increase funding for the Vehicle Retirement Program.

Smog Check Changes
Implementation April 1, 2005

Ends the rolling smog exemption for vehicles 30 years old or older and permanently exempts vehicles manufactured prior to 1976. The bill also adjusts Smog Check requirements applicable to collector motor vehicles and increases the $6 smog check exemption fee to $12.

Miscellaneous Changes
Transportation Omnibus Issues

1. Makes conforming changes pertaining to the disposal of low-valued vehicles.
2. Makes changes to several VC sections pertaining to the removal of low-valued vehicles through lien sale. Ensures that the required notification to vehicle owners and legal owners is updated to reference the $500 value established by law.
3. DMV must submit the report of business partners activities to the Legislature on October 1 instead of January 1.
4. Establishes clear citing authority in VC §4000.6 for underreporting declared gross or combined gross vehicle weight of a commercial motor vehicle to DMV.
5. Amends VC §5301 to allow commercial vehicles/fleets, not just IRP vehicles, to apply for permanent fleet registration.
6. Amends VC §9400.1 to require DMV, in consultation with the California Highway Patrol, to develop a distinctive weight decal specifically for motor vehicles registered under the permanent fleet program and requires the vehicles display these decals.
7. Removes references to the smog impact fee.
8. Amends VC §21960 to add expressways to this provision regarding restricted use.

DRIVER LICENSE
Hazardous Materials (HazMat)Endorsement
Designed to bring California into compliance with federal regulations governing the transportation of hazardous materials (HazMat).

Specifically:
1. Provides that no person may operate a commercial motor vehicle while transporting hazardous materials unless that person has in his or her possession a valid commercial driver license (CDL) with a HazMat endorsement. Also clarifies that an instruction permit does not authorize the operation of a vehicle transporting hazardous materials.
2. Requires proof of citizenship or permanent residency of an applicant for a CDL with a HazMat endorsement.
3. Requires DMV to check the applicant’s driving record to ensure the applicant is not subject to a commercial disqualification, prior to submitting the application to the federal Transportation Safety Administration (TSA) for processing.
4. Requires a CDL applicant for a HazMat endorsement to submit fingerprints for the purpose of a background check by the TSA.
5. Clarifies that if the applicant is authorized to receive a HazMat endorsement after an appeal to TSA, the department shall issue the HazMat endorsement within the period specified under federal regulations.
6. Authorizes the department to deny issuance or revoke a HazMat endorsement when the TSA has determined that the person poses a security threat based upon searches of various criminal databases.
7. Requires the DMV to refuse to issue or renew, or revoke the HazMat endorsement if the applicant does not meet the qualifications for issuance.
8. Provides that a HazMat endorsement shall be issued only to applicants who comply with Federal Regulations.

Driving Under the Influence
(DUI) Statement

Requires a court to advise a person convicted of a violation of DUI, or a violation of alcohol-related reckless driving (“wet” reckless), of the dangers of being under the influence and that if someone is killed, the offender could be charged with murder. This advisement would establish grounds for more severe penalties if this same offender is convicted of subsequent DUI offenses.

DUI Sanction
Increases the time period from seven to ten years during which arrests and/or convictions of DUI violations will be counted as prior offenses for the purposes of increased driver license penalties. It also requires the court to order a person convicted of a prior DUI to complete an alcohol and drug problem assessment program even though that prior conviction occurred more than ten years ago and authorizes the court to order the person to complete a repeat offender treatment program. It expands court-ordered participation in a county alcohol and drug problem assessment program to all persons convicted of a second or subsequent DUI offense that occurred within ten years of a prior offense.

DUI License Restriction
Requires course providers to send certificates for attendance and completion of alcohol treatment programs directly to DMV’s Sacramento Headquarters and prohibits them from giving certificates to drivers.

DUI Driver License Sanctions
Implementation September 20, 2005

The courts will no longer be responsible for imposing a driver license sanction as the result of a conviction for a DUI and assigns this responsibility solely to the DMV. It also ensures that all persons convicted of a DUI will receive a restriction, suspension, or revocation of the driving privilege, without exception.

CDL Changes
Implementation 9/20/2005

Brings the Vehicle Code into compliance with the Federal Motor Carrier Safety Improvement Act of 1999 (MCSIA):

  • Adds California residency as a requirement for a California commercial driver license.
  • Requires that CHP maintain its current school bus certification program. A school bus driver must possess a school bus endorsement. Endorsement code “S” must be indicated on the actual driver license.
  • Imposes a disqualification on commercial drivers who have been convicted of traffic offenses while operating a noncommercial
    motor vehicle which results in a cancellation, revocation or suspension of their Class C privileges.
  • Imposes a license disqualification for conviction of the following offenses:
    1. DUI or driving with excessive blood alcohol content (BAC) in any motor vehicle.
    2. DUI involving injury or driving with excessive BAC causing injury in any motor vehicle.
    3. 0.04% BAC or greater while operating a commercial motor vehicle (CMV).
    4. 0.04% BAC or greater while operating a CMV causing injury.
    5. Refusing to submit to, or failing to complete a chemical test or tests.
  • Imposes a lifetime disqualification if the commercial driver-uses any motor vehicle in the commission of the felony.
  • Disqualifies a commercial driver for a period of 120 days if convicted of a serious traffic violation involving any motor vehicle and the offense occurred within three years of two or more separate convictions for serious traffic violations. The bill amends the VC 22406.1. and now requires:
    1. A person that operates a CMV (regardless of whether he has a CDL or not) at a speed of 15 MPH above the posted speed is guilty of a misdemeanor.
    2. A person with a CDL who operates a noncommercial vehicle at a speed 15 MPH above the posted speed limit is guilty of an infraction.
    3. A violation of either of the above two subdivisions constitutes a “serious traffic violation” and is subject to sanctions under VC 15306 or 15308. (VC 15306 requires that no driver may operate a CMV for a period of 60-days if the person is convicted of a serious traffic violation and the offense occurred within three-years of a separate offense of a serious traffic violation. VC 15308 bumps it up to 120 days if the offense occurs within three years of two or more separate offenses of serious traffic violations. So, a class A or B license holder with two 15 MPH+ speeding tickets in a car (or CMV or both) within three years could be suspended from driving a CMV for 60-days. Three tickets within 3-years, would lead to a 120-day suspension.
  • Makes it unlawful to violate any out-of-service order. It also provides that it is unlawful to fail or refuse to comply with a lawful out-of-service order issued by the United States Secretary of the Department of Transportation.
  • Prohibits operating a commercial motor vehicle for a period of 180 days if the person is convicted of violating an out-of service order while transporting hazardous materials or while operating a vehicle designed to transport 16 or more passengers, including the driver and increases the prohibition to three years for a conviction of a second violation.
  • A CDL driver convicted of violating an out-of-service order is subject to a civil penalty of not less than $1,100 or no more than $2,750.
  • Prohibits a state from issuing a special CDL or permit (including a provisional or temporary license) to any commercial driver who is disqualified or whose noncommercial driving privilege is revoked, suspended, or cancelled. The court does not have the authority to issue a restricted commercial driver license.
  • Eliminates the current authority in law to issue a restricted commercial license to a driver who is otherwise suspended for a first offense of driving under the influence of alcohol or drugs occurring in a non-commercial vehicle, or if the driving privilege has been suspended for failure to have insurance at the time of an accident in a non-commercial vehicle. The court does not have the authority to issue a restricted CDL.
  • Establishes that courts may not order or permit the holder of a commercial driver license or any class driver license to attend a traffic violator school, a driving school, or any other court-approved instruction of driving safety in lieu of any convictions for a traffic offense committed in a commercial vehicle. This bill Amended VC 42005, and states that:
    1. A traffic school may be ordered by the court for traffic offenses committed by noncommercial license holders.
    2. No traffic school for any offense committed by a person w/a CDL.
    3. No traffic school, regardless of license type, for any violation occurring in a CMV. CDL holders are held to a higher standard (no traffic school option) even when ticketed driving their personal non-commercial vehicles.
  • Allows the MCSIA to transmit an order to disqualify a commercial driver for cause, and that such information must become a part of the driver’s record.
  • Imposes the following penalties on employers:
    1. Prohibits an employer from knowingly allowing a driver to operate a commercial motor vehicle during any period in which the driver, the vehicle, or the motor carrier, is subject to an out-of-service order.
    2. Imposes civil penalties on an employer convicted of permitting drivers or vehicles to operate during any period in which an out-of-service order is in force.
    3. Prohibits an employer from knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in the United States in violation of any law or regulation pertaining to railroad-highway grade crossings.
  • Provides that whenever the DMV is required to disqualify the commercial driving privilege upon conviction, the suspension or revocation would begin upon receipt of the certified court abstract showing that the person has been convicted of the violation.

Miscellaneous Changes
Transportation Omnibus Issues

1. Adjusts the listing of traffic violations for negligent operator points so that the point assessments in each category appear together.
2. Amends a corrected reference to the DMV’s “Investigations Division.”
3. Requires the DMV to follow standard state contracting requirements in awarding a contract for the processing of driver licenses.
4. Clarifies that the DMV must deny or revoke special certificates if the driver has been convicted of a violent felony or serious felony as defined in the Penal Code.

OCCUPATIONAL LICENSING
Motor Carrier Association and
Traffic Violator School Changes

Allows a motor carrier association to become a business partner of the department for the purpose of providing registration services for its members. Clarifies that a court could remove the name of a traffic violator school from any part of the published referral list without the school owner first being provided an opportunity to request a hearing.

OTHER
Front License Plate Holder Imp. 7/01/05
Add to Vehicle Code §11713.17, which prohibits a dealer from selling or distributing a new motor vehicle that is not equipped with a front license plate bracket.

Light On When Raining
All motor vehicles must use headlights when the weather requires windshield wipers to be in continuous use.

FINANCIAL RESPONSIBILITY
Electronic Verification Imp. 9/01/2006
Requires the department, by July 1, 2006, to establish a method by which law enforcement may electronically verify financial responsibility for a vehicle registered on the department’s database.

Mandatory Requirement - Imp. 9/20/05
Establishes a mandatory requirement that insurance companies electronically submit insurance information to DMV. It also allows the department to cancel a vehicle’s registration if an insurance company reported that the insurance has lapsed. This cancellation policy affects originals, transfers, and renewals of registration.

RECORD ACCESS & CONFIDENTIALITY
Seizure of Business Records
Allows a business entity whose records have been seized through a search warrant to demand copies of those records from the governmental agency that seized the records without a court order.

Public records
Clarifies that when the information of an arrestee or a victim of a crime is released in response to a Public Records Act (PRA) request, the entity receiving this information may not release the address of the victim to other individuals for marketing purposes.

Accident Reports
Authorizes the release of license plate numbers and accident report numbers contained in reports filed by law enforcement agencies to commercial requesters.

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