California Senate Bill SB627 Introduced / Bill

 BILL NUMBER: SB 627INTRODUCED BILL TEXT INTRODUCED BY Senator Walters FEBRUARY 18, 2011 An act to amend Sections 11105, 11105.1, 11204, and 11207 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 627, as introduced, Walters. Vehicles: driving schools and traffic violator schools: licensees. Existing law requires the Department of Motor Vehicles to issue or renew a license certificate for a driving school owner or operator, a driving school instructor or all-terrain vehicle safety instructor, a traffic violator school owner or traffic violator school operator, or a traffic violator school instructor if specified criteria are met. Existing law requires that these licenses be issued for specified periods of time unless canceled, suspended, or revoked by the department. This bill would require, if the department does not renew the license by the license expiration date and the licensee has complied with all the requirements of renewal in good faith, that the license be deemed renewed if the licensee shows proof, if requested by the department, of certified or traceable mailing of all applicable fees or applications submitted to the department prior to the license expiration date. The bill would authorize the department to subsequently suspend or revoke the renewed license if it finds that certain conditions exist. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11105 of the Vehicle Code is amended to read: 11105. (a) The department shall issue a license certificate to each driving school owner and to each driving school operator when it is satisfied that the owner has met the qualifications required under this chapter. The license shall be for a period of one year from midnight of the last day of the month of issuance unless canceled, suspended, or revoked by the department. (b) The license shall be renewed annually. The department shall require all of the following for the renewal of the license: (1) Compliance with the provisions of Sections 11102 and 11105.2 for renewal of a driving school owner's license or Section 11102.5, except paragraph (2) of subdivision (a) of Section 11102.5, for renewal of a driving school operator's license. (2)  (A)    Satisfactory completion of an examination as provided in Section 11102.5 at least once during each succeeding three-year period after the initial issuance of a license certificate.  In   (B)     In  lieu of  any   an  examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. Professional education, as used in this subdivision, means satisfactory completion of courses related to traffic safety, teaching techniques, or the teaching of driver instruction acceptable to the department or participation in professional seminars approved by the department. (c) The department may issue a probationary license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate  ,  but shall be  such as may   those conditions that  , in the judgment of the department,  be   are  in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained  therein   in the application  .  (d) (1) If the department does not renew an owner or an operator license by the license expiration date and the owner or operator has complied with all the requirements of this section in good faith, the license shall be deemed renewed if the owner or operator shows proof, if requested by the department, of certified or traceable mailing of all applicable fees or applications submitted to the department prior to the license expiration date.   (2) The department may subsequently suspend or revoke the renewed license if it finds that subdivision (a) of Section 11107 applies to the owner or operator.   (d)   (e)  Upon notification of  the  death of a driving school licensee  ,  the department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of a validly outstanding certificate to conduct a driving school  ,  or  ,  if no executor, executrix, administrator or administratrix has been appointed  ,  and until a certified copy of an order making  such   that  appointment is filed with the department, to the surviving spouse or other heir otherwise entitled to conduct the business of the deceased  , permitting such person   . The certificate of convenience shall permit the holder  to conduct the driving school for a period of one year from and after the date of  the original licensee's  death, and necessary one-year  renewals thereafter pending, but not later than,   extensions may be granted to permit, and only until, the  disposal of the business and qualification of the vendee of the business or  such   the  surviving spouse or heir for a license certificate to conduct a driving school under  the provisions of  this division. The department may restrict or condition the certificate and attach to the exercise of the privilege  thereunder such   under the certificate any  terms and conditions  as   that  in  its   the department's  judgment  are required for  the protection of the public  requires  .  (e)   (f)  The department shall not issue or renew a license certificate unless it determines that the driving school owner has complied with Section 11103.2. SEC. 2. Section 11105.1 of the Vehicle Code is amended to read: 11105.1. (a) The department shall issue a license certificate to each driving school instructor and to each all-terrain vehicle safety instructor when it is satisfied that the person has met the qualifications required under this chapter. The original instructor's license and  any   an  instructor's license renewed pursuant to subdivisions (b) and (c)  is   are  valid for three years from the date issued unless canceled, suspended, or revoked by the department. (b) A licensee may apply for the renewal of an instructor's license prior to the expiration date of the license.  In no event shall an   An  instructor  shall not  renew the license after the date of expiration. (c) The department shall require all of the following for the renewal of the instructor's license: (1) Compliance with Section 11104, except subdivision (c)  thereof   of that section  , for a driving school instructor, or compliance with Section 11104.3, except paragraph (3) of subdivision (a)  thereof   of that section  , for an all-terrain vehicle safety instructor, and, for either, compliance with Section 11105.2. (2)  (A)    Satisfactory completion of an examination as provided in Section 11104 or 11104.3, as applicable, at least once during each succeeding three-year period after the initial issuance of an instructor license certificate.  In   (B)     In  lieu of  any   an  examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education as defined in paragraph (2) of subdivision (b) of Section 11105. (d) The department may issue a probationary instructor's license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate, but shall be  such as may   those conditions that  , in the judgment of the department,  be   are  in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained  therein   in the application  .  (e) This section shall become operative on July 1, 1988.   (e) (1) If the department does not renew an instructor's license by the license expiration date and the instructor has complied with all the requirements of this section in good faith, the license shall be deemed renewed if the instructor shows proof, if requested by the department, of certified or traceable mailing of all applicable fees or applications submitted to the department prior to the license expiration date.   (2) The department may subsequently suspend or revoke the renewed license if it finds that subdivision (a) of Section 11107 applies to the instructor.  SEC. 3. Section 11204 of the Vehicle Code is amended to read: 11204. (a) The department shall issue a license certificate to each traffic violator school owner and each traffic violator school operator licensed pursuant to this chapter. The term of the license shall be for a period of one year from the date of issue unless canceled, suspended, or revoked by the department. The license shall be renewed annually. The department shall require compliance with Section 11202 for renewal of the license of a traffic violator school owner. The department shall require compliance with Section 11202.5 for renewal of the license of a traffic violator school operator. (b) (1) In lieu of the examination required by Section 11202.5 for renewal of the license of a traffic violator school operator, the department may accept submission of evidence by the licensee of continuing professional education. (2) "Professional education," as used in paragraph (1), means the satisfactory completion of courses acceptable to the department related to traffic safety, teaching techniques, or the teaching of driver instruction, or the participation in professional seminars approved by the department. (c)  Whenever   If  in its judgment the public interest so requires, the department may issue a probationary license subject to special conditions to be observed by the licensee in the conduct of the traffic violator school. The conditions to be attached to the license shall be  any that may   those conditions that  , in the judgment of the department,  be   are  in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained  therein  in the application  . The conditions may not appear on the license certificate.  (d) (1) If the department does not renew a traffic violator school owner's or traffic violator school operator's license by the license expiration date when the owner or operator has complied with all the requirements of this section in good faith, the license shall be deemed renewed if the owner or operator shows proof, if requested by the department, of certified or traceable mailing of all applicable fees or applications submitted to the department prior to the license expiration date.   (2) The department may subsequently suspend or revoke the renewed license if it finds that subdivision (a) of Section 11211 applies to the owner or operator.   (d)   (e)  Upon notification of the death of a traffic violator school licensee, the department may issue a temporary license to the executor or administrator of the estate of a deceased holder of a validly outstanding license to conduct a traffic violator school  ,  or  ,  if no executor or administrator has been appointed and until a certified copy of an order making an appointment is filed with the department, a temporary license may be issued to the surviving spouse or other heir entitled to conduct the business of the deceased. The temporary license shall permit the holder to conduct the traffic violator school for a period of one year from and after the date of the original licensee's death, and necessary one-year extensions may be granted to permit disposal of the business and qualification for a license of a purchaser of the business or the surviving spouse or heir. The department may restrict or condition a temporary license and attach to the exercise of the privilege  thereunder   under the temporary license  any terms and conditions that in the department's judgment are required for the protection of the public. SEC. 4. Section 11207 of the Vehicle Code is amended to read: 11207. (a) The department shall issue a license certificate to each traffic violator school instructor when it is satisfied that he or she has met the qualifications required under this chapter. The original instructor license and any license renewed pursuant to subdivisions (b) and (c) shall be valid for a period of three years from the date of issuance unless canceled, suspended, or revoked by the department. (b)  Every   An  application for the renewal of a traffic violator school instructor license may be made by the licensee prior to the expiration date of the license by presenting to the department a completed application on a form provided by the department.  In no event shall a   A  traffic violator school instructor  shall not  renew the license after the date of expiration. (c) The department shall require all of the following for the renewal of an instructor's license: (1) Compliance with Section 11206, except subdivision (c)  thereof   of that section  . (2) Satisfactory completion of an examination as provided in Section 11206 at least once during each succeeding three-year period after the initial issuance of the license. However, in lieu of examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. (d)  When  If  , in its judgment, the public interest so requires, the department may issue a probationary license subject to special conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the license shall be  such as may   those conditions that  , in the judgment of the department,  be   are  in the public interest and suitable to the qualifications of the applicant, as disclosed by the application and investigation by the department of the information contained  therein   in the application  .  (e) (1) If the department does not renew an instructor's license by the license expiration date and the instructor has complied with all the requirements of this section in good faith, the license shall be deemed renewed if the instructor shows proof, if requested by the department, of certified or traceable mailing of all applicable fees or applications submitted to the department prior to the license expiration date.   (2) The department may subsequently suspend or revoke the renewed license if it finds that subdivision (a) of Section 11211 applies to the instructor.