Amended IN Assembly April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2906Introduced by Assembly Member MelendezFebruary 16, 2018 An act to amend Section 13106 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2906, as amended, Melendez. Vehicles: notice of suspension or revocation of drivers license.Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked. Existing law provides that there is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department to the most recent address reported to the department, as specified, and the notice has not been returned to the department as undeliverable or unclaimed.This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would prohibit these alternative notices from affecting the rebuttable presumption described above. The bill would also make technical, nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13106 of the Vehicle Code is amended to read:13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
Amended IN Assembly April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2906Introduced by Assembly Member MelendezFebruary 16, 2018 An act to amend Section 13106 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2906, as amended, Melendez. Vehicles: notice of suspension or revocation of drivers license.Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked. Existing law provides that there is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department to the most recent address reported to the department, as specified, and the notice has not been returned to the department as undeliverable or unclaimed.This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would prohibit these alternative notices from affecting the rebuttable presumption described above. The bill would also make technical, nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 16, 2018
Amended IN Assembly April 16, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2906
Introduced by Assembly Member MelendezFebruary 16, 2018
Introduced by Assembly Member Melendez
February 16, 2018
An act to amend Section 13106 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2906, as amended, Melendez. Vehicles: notice of suspension or revocation of drivers license.
Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked. Existing law provides that there is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department to the most recent address reported to the department, as specified, and the notice has not been returned to the department as undeliverable or unclaimed.This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would prohibit these alternative notices from affecting the rebuttable presumption described above. The bill would also make technical, nonsubstantive changes to this provision.
Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked. Existing law provides that there is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department to the most recent address reported to the department, as specified, and the notice has not been returned to the department as undeliverable or unclaimed.
This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would prohibit these alternative notices from affecting the rebuttable presumption described above. The bill would also make technical, nonsubstantive changes to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 13106 of the Vehicle Code is amended to read:13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 13106 of the Vehicle Code is amended to read:13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
SECTION 1. Section 13106 of the Vehicle Code is amended to read:
### SECTION 1.
13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
13106. (a) (1) If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.
(2) In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).
(b) The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.