(1) Existing law establishes the Pierce's Disease Control Program in the Department of Food and Agriculture, and the Pierce's Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierce's disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law makes these provisions inoperative on March 1, 2031. This bill would extend the operation of these provisions indefinitely, except that the bill would make these provisions inoperative on a specified date if the Secretary of Food and Agriculture finds that a favorable vote in a referendum has not been given for the continued implementation of the provisions regarding the Winegrape Pest and Disease Prevention Board, as described below. By extending the operation of a partially continuously appropriated fund, this bill would make an appropriation. (2) Existing law creates in the department the Pierce's Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierce's disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierce's disease program. Existing law repeals these provisions on March 1, 2031. This bill would change the name of the board to the Winegrape Pest and Disease Prevention Board. This bill would extend the operation of the provisions concerning the board indefinitely, except that this bill would require the Secretary of Food and Agriculture, no later than June 30, 2030, and at least once every 5 years thereafter, to hold one or more public hearings to determine whether the operation of these provisions should be continued. If the secretary makes a specified finding after one of those hearings, the bill would require the secretary to conduct a referendum on the continued operation of the board. If the secretary finds that a favorable vote in the referendum has not been given for the continued operation of the board, the bill would end the operation of the board as of March 1 of the calendar year immediately following the calendar year in which the referendum is held. By extending the date until which the assessments are collected and deposited into a continuously appropriated fund, the bill would make an appropriation. (3) Existing law, until March 1, 2031, requires the Secretary of Food and Agriculture to appoint an advisory task force for the purpose of advising the secretary on the control and management of Pierce's disease. This bill would also require the task force to advise the Secretary of Food and Agriculture on the control and management of other designated pests and diseases. The bill would extend the operation of the task force indefinitely, subject to becoming inoperative if the operation of the Winegrape Pest and Disease Prevention Board is discontinued. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
(1) Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage, has 0.08 or 0.04 percent or more, by weight, of alcohol in their blood, as specified, is addicted to the use of any drug, is under the influence of any drug, or is under the combined influence of any alcoholic beverage and drug to drive a vehicle. Existing law prohibits a person from driving a vehicle under the influence of any alcoholic beverage or drug and concurrently do an act forbidden by law, or neglect a duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. Existing law, until January 1, 2033, requires the Department of Motor Vehicles to immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of driving a vehicle under the circumstances above as well as for engaging in a motor vehicle speed contest for specified periods of time, depending on the statute under which the driving violation was punished, and prohibits the reinstatement of the driving privilege until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of a driving-under-the-influence (DUI) program, as specified. Existing law requires the department to advise the person that they may apply for a restricted driver's license if the person meets certain requirements, including, among others, satisfactorily providing proof of enrollment in a certain DUI program and the installment of a functioning, certified ignition interlock device (IID) . Existing law allows, for certain violations, a person who has had their driver's license suspended to apply to the department for a restricted license, subject to certain requirements. For specified violations, existing law requires the department to issue a restricted driver's license if the person has met certain requirements, including proof satisfactory to the department of enrollment in, or completion of, a DUI program, proof of financial responsibility, and the payment of all applicable reinstatement or reissue fees, among other fees, required by the department. This bill, beginning on January 1, 2031, would reorganize and recast the penalties and sanctions for the alcohol- and drug-related driving offenses described above. The bill would recast violations for driving under the influence of any alcoholic beverage or having 0.08 or 0.04 percent or more, by weight of alcohol in blood (collectively "alcohol-related driving violations") from violations for driving under the influence of any drug or driving while a person is addicted to the use of any drug (collectively "drug-related driving violations") . For convictions of alcohol-related driving violations, the bill would require the department to suspend the privilege to operate a motor vehicle and would allow the suspension to be indefinite. The bill would prohibit the reinstatement of that privilege until the person satisfies certain requirements, including, among others, the person applying for and maintaining a restricted driver's license for certain periods of time depending on the statute under which the driving violation is punished, which includes installing a certified IID on each vehicle operated by the person, providing proof satisfactory to the department of successful completion of a DUI program, as specified, paying all applicable reinstatement and reissue fees required by the department, and providing proof of financial responsibility. For convictions of drug-related driving violations described above, this bill would require the department to suspend the privilege to operate a motor vehicle for specified periods of time, depending on the statute under which the violation was punished. The bill would also prohibit the reinstatement of the privilege until the person satisfies certain requirements described above, but the bill would not require the person to install a certified IID or apply for and maintain a restricted driver's license for a specified period of time. This bill, beginning on January 1, 2031, would authorize a person, whose privilege to operate a motor vehicle is suspended for alcohol-related driving violations, to apply for a restricted license if certain requirements are met, including, among others, installing a certified IID on each vehicle operated by the person, as specified, providing proof of financial responsibility for 3 years, providing satisfactorily proof of enrollment in, or completion of, a DUI program, as specified, and paying a fee that is sufficient to cover the costs of administration of these requirements. The bill would require the department to terminate the restricted driver's license and suspend the privilege to drive if the person fails to comply with the DUI program requirements. The bill would also authorize a person, whose driving privilege was suspended for a conviction of a drug-related driving violation, to apply for a restricted driver's license if similar certain requirements are met, except the person would not be required to install a certified IID but would be required to complete a minimum number of months of a suspension period, as specified. This bill, beginning on January 1, 2031, would require the department to monitor the installation and maintenance of an IID that is installed pursuant to specified provisions. The bill would require the installer of the IID to notify the department if the device is removed or indicates that a person has attempted to remove, bypass, or tamper with the device, or the person fails 3 or more times to comply with these requirements. The bill would require the department to immediately suspend or revoke the privilege to operate a motor vehicle and any restricted driver's license if the person attempts to remove, bypass, or tamper with an IID, has the IID removed prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID. The bill would require the department, and manufacturers, installers, and repairers of IIDs, to post information regarding filing complaints against manufacturers, installers, and repairers, as specified. (2) Existing law requires an order of suspension of a person's privilege to operate a motor vehicle for any of specified reasons, including the person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in their blood. Existing law requires the notice to be served on the person by a peace officer under specified conditions where test results show that the person has specified percentages of alcohol in the person's blood or where a person under 21 years of age refuses to take, or fails to complete, a specified test for alcohol in the blood. This bill, beginning on January 1, 2031, would include a person driving a motor vehicle when a passenger for hire was a passenger in the vehicle and the person had 0.04 percent or more, by weight, of alcohol in their blood as a reason to immediately suspend the privilege to operate a motor vehicle. The bill would authorize a person, whose driving privilege has been suspended pursuant to the provision above but not suspended or revoked based on the person's refusal to submit to, or failure to complete, a chemical test or tests, to apply for a restricted driver's license if certain requirements are met, including completing 30 days of the suspension period, providing proof of enrollment in a DUI program, installing a functioning, certified IID on any vehicle that they operate, being 21 years of age or older at the time of the offense, giving proof of financial responsibility, and paying all reissue and restriction fees. The bill would require the department to terminate the restricted driver's license and suspend the privilege to operate if the person has failed to comply with the DUI program requirements, or if the person attempts to remove, bypass, or tamper with the IID, removes the IID prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID. (3) Existing law requires the department to suspend or revoke a person's privilege to operate a motor vehicle based on a peace officer's sworn statement or report, as specified. Existing law requires the department to review the record to determine whether the suspension or revocation is supported by the record, as specified. This bill, beginning on January 1, 2031, would require the department to review these determinations and consider the sworn report and any other information and evidence, as specified. If, by a preponderance of the evidence, the department determines in the review of a determination certain facts are proven, including, among other facts, that the peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of an alcohol- or drug-related driving provision, the bill would require the department to sustain the order of suspension or revocation. If the department determines that any of these certain facts are not proven by a preponderance of the evidence, the bill would require the department to rescind the order of suspension or revocation, as specified. (4) Existing law allows, for certain violations, a person who has had their driver's license suspended to apply to the department for a restricted license, subject to certain requirements as provided above. This bill, beginning on January 1, 2031, would authorize a court to disallow the issuance of the restricted driver's license if the court determines that the person would present a traffic safety or public safety risk if the person were authorized to operate a motor vehicle during the period of suspension. This bill, beginning on January 1, 2031, would make conforming changes to include the provisions above, as applicable, in statutes that generally pertain to the suspension, revocation, or restriction of the privilege to operate a motor vehicle. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law establishes the Tahoe Transportation District as a special purpose district managed by representatives from the States of California and Nevada to, among other things, operate a public transportation system in the Lake Tahoe Basin. This bill would authorize the department, within the Tahoe corridor, to contract with a state agency, a local government, or the district relating to safety, access, and parking in the corridor to (1) designate the portions of state highways that constitute the corridor, (2) prevent unsafe parking and pedestrian movement in the corridor, as provided, and (3) enhance public access to the corridor and public recreation sites, by, among other things, developing public parking, establishing and collecting fees for public parking, and developing transit facilities and pedestrian pathways to connect public parking to recreation sites, as specified. This bill would require all moneys collected from a fee for that public parking to be deposited into the Tahoe Safe Recreation Access Fund, which the bill would establish, and would, upon appropriation by the Legislature, require the department to use those moneys for purposes of improving transportation facilities on state highways in the Tahoe Basin, as specified. The bill would require all penalty moneys collected through citations issued for failing to pay parking fees to be deposited into the Tahoe Safe Recreation Access Penalty Account, which the bill would establish, and would, upon appropriation by the Legislature, require the department to use those moneys for enforcement of parking restrictions and prohibitions on state highways in the Tahoe Basin. This bill would make legislative findings and declarations as to the necessity of a special statute for the Lake Tahoe Basin.
