| 1 | | - | Assembly Bill No. 3246 CHAPTER 198 An act to amend Section 42703 of the Public Resources Code, to amend Sections 21659 and 21670.1 of, to repeal Section 21660 of, and to repeal Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of, the Public Utilities Code, to amend Sections 374, 386, 2384, 2852, 5891, 6467, 6468, 6504, 6611, 8652, and 25403 of the Streets and Highways Code, and to amend Sections 675.6, 9250.14, 11607, 12002, 12527, 16028, 24010, 24015, and 26103 of the Vehicle Code, relating to transportation. [ Approved by Governor August 24, 2018. Filed with Secretary of State August 24, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 3246, Committee on Transportation. Transportation: omnibus bill.(1) Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee on motor vehicles, as specified, that is paid quarterly to the Controller and continuously appropriated for disbursement to the county, as specified, to be used to fund programs relating to vehicle theft crimes. Existing law requires a county that imposes this fee to issue an annual report to the Controller on or before August 31. Existing law requires the Controller to suspend a countys fee for one year if the county fails to submit the report by November 30 and requires the Controller to inform the Department of Motor Vehicles on or before January 1 that a countys authority to collect the fee is suspended.This bill would instead require the Controller to inform the Department of Motor Vehicles on or before February 1 that a countys authority to collect the fee described above is suspended.(2) Existing law requires the Division of Aeronautics within the Department of Transportation, in cooperation with the aviation industry and the electric utility industry and in consultation with the Federal Aviation Administration, to coordinate and disseminate specified information to pilots to increase awareness of wire hazards and to communicate techniques for identifying and avoiding wires. Existing law requires certain electrical corporations and publicly owned electrical utilities to pay a one-time fee, as specified, that is deposited in the Aeronautics Account in the State Transportation Fund and continuously appropriated to the Department of Transportation to disseminate the information described above.This bill would delete the provisions described above.(3) Existing law prohibits any person from constructing or altering any structure or permitting any natural growth to grow at a height that exceeds the obstruction standards set forth in specified federal regulations relating to objects affecting navigable airspace unless a permit allowing the construction, alteration, or growth is issued by the Department of Transportation. Existing law provides that a permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.This bill would recast these provisions to remove the obsolete provision that the department may issue a permit as described above. The bill would retain the requirement that the Federal Aviation Administration makes the determination that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(4) Existing law describes the authorized routes in the state highway system.This bill would revise the route description of State Highway Routes 74 and 86 to reflect relinquishments of portions of those routes to local agencies.(5) Existing law requires the California Transportation Commission to adopt a program of projects to receive allocations pursuant to the Active Transportation Program. Existing law requires the commission to adopt each program of projects by no later than April 1 of each odd-numbered year, as specified.This bill would instead require the commission to adopt each program of projects by no later than July 1 of each odd-numbered year.(6) This bill would also delete references to obsolete provisions and make other technical and clarifying changes. Because some of these changes may impose a new duty on local officials, the bill would impose a state-mandated local program.(7) 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 the statutory provisions noted above.(8) This bill would provide that any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42703 of the Public Resources Code is amended to read:42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder.SEC. 2. Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of the Public Utilities Code is repealed.SEC. 3. Section 21659 of the Public Utilities Code is amended to read:21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658.SEC. 4. Section 21660 of the Public Utilities Code is repealed.SEC. 5. Section 21670.1 of the Public Utilities Code is amended to read:21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article.SEC. 6. Section 374 of the Streets and Highways Code is amended to read:374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74.SEC. 7. Section 386 of the Streets and Highways Code is amended to read:386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression.SEC. 8. Section 2384 of the Streets and Highways Code is amended to read:2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications.SEC. 9. Section 2852 of the Streets and Highways Code is amended to read:2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ SEC. 10. Section 5891 of the Streets and Highways Code is amended to read:5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of StreetsSEC. 11. Section 6467 of the Streets and Highways Code is amended to read:6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ SEC. 12. Section 6468 of the Streets and Highways Code is amended to read:6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerkSEC. 13. Section 6504 of the Streets and Highways Code is amended to read:6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________SEC. 14. Section 6611 of the Streets and Highways Code is amended to read:6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. SEC. 15. Section 8652 of the Streets and Highways Code is amended to read:8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) ClerkSEC. 16. Section 25403 of the Streets and Highways Code is amended to read:25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors.SEC. 17. Section 675.6 of the Vehicle Code is amended to read:675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.SEC. 18. Section 11607 of the Vehicle Code is amended to read:11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused.SEC. 19. Section 9250.14 of the Vehicle Code is amended to read:9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program.SEC. 20. Section 12002 of the Vehicle Code is amended to read:12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall.SEC. 21. Section 12527 of the Vehicle Code is amended to read:12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative.SEC. 22. Section 16028 of the Vehicle Code is amended to read:16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device.SEC. 23. Section 24010 of the Vehicle Code is amended to read:24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered.SEC. 24. Section 24015 of the Vehicle Code is amended to read:24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.SEC. 25. Section 26103 of the Vehicle Code is amended to read:26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department.SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 1 | + | Enrolled August 10, 2018 Passed IN Senate August 06, 2018 Passed IN Assembly August 09, 2018 Amended IN Senate June 11, 2018 Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3246Introduced by Committee on Transportation (Assembly Members Frazier (Chair), Fong (Vice Chair), Berman, Chu, Daly, Harper, Mathis, Nazarian, and ODonnell)February 22, 2018 An act to amend Section 42703 of the Public Resources Code, to amend Sections 21659 and 21670.1 of, to repeal Section 21660 of, and to repeal Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of, the Public Utilities Code, to amend Sections 374, 386, 2384, 2852, 5891, 6467, 6468, 6504, 6611, 8652, and 25403 of the Streets and Highways Code, and to amend Sections 675.6, 9250.14, 11607, 12002, 12527, 16028, 24010, 24015, and 26103 of the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 3246, Committee on Transportation. Transportation: omnibus bill.(1) Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee on motor vehicles, as specified, that is paid quarterly to the Controller and continuously appropriated for disbursement to the county, as specified, to be used to fund programs relating to vehicle theft crimes. Existing law requires a county that imposes this fee to issue an annual report to the Controller on or before August 31. Existing law requires the Controller to suspend a countys fee for one year if the county fails to submit the report by November 30 and requires the Controller to inform the Department of Motor Vehicles on or before January 1 that a countys authority to collect the fee is suspended.This bill would instead require the Controller to inform the Department of Motor Vehicles on or before February 1 that a countys authority to collect the fee described above is suspended.(2) Existing law requires the Division of Aeronautics within the Department of Transportation, in cooperation with the aviation industry and the electric utility industry and in consultation with the Federal Aviation Administration, to coordinate and disseminate specified information to pilots to increase awareness of wire hazards and to communicate techniques for identifying and avoiding wires. Existing law requires certain electrical corporations and publicly owned electrical utilities to pay a one-time fee, as specified, that is deposited in the Aeronautics Account in the State Transportation Fund and continuously appropriated to the Department of Transportation to disseminate the information described above.This bill would delete the provisions described above.(3) Existing law prohibits any person from constructing or altering any structure or permitting any natural growth to grow at a height that exceeds the obstruction standards set forth in specified federal regulations relating to objects affecting navigable airspace unless a permit allowing the construction, alteration, or growth is issued by the Department of Transportation. Existing law provides that a permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.This bill would recast these provisions to remove the obsolete provision that the department may issue a permit as described above. The bill would retain the requirement that the Federal Aviation Administration makes the determination that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(4) Existing law describes the authorized routes in the state highway system.This bill would revise the route description of State Highway Routes 74 and 86 to reflect relinquishments of portions of those routes to local agencies.(5) Existing law requires the California Transportation Commission to adopt a program of projects to receive allocations pursuant to the Active Transportation Program. Existing law requires the commission to adopt each program of projects by no later than April 1 of each odd-numbered year, as specified.This bill would instead require the commission to adopt each program of projects by no later than July 1 of each odd-numbered year.(6) This bill would also delete references to obsolete provisions and make other technical and clarifying changes. Because some of these changes may impose a new duty on local officials, the bill would impose a state-mandated local program.(7) 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 the statutory provisions noted above.(8) This bill would provide that any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42703 of the Public Resources Code is amended to read:42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder.SEC. 2. Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of the Public Utilities Code is repealed.SEC. 3. Section 21659 of the Public Utilities Code is amended to read:21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658.SEC. 4. Section 21660 of the Public Utilities Code is repealed.SEC. 5. Section 21670.1 of the Public Utilities Code is amended to read:21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article.SEC. 6. Section 374 of the Streets and Highways Code is amended to read:374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74.SEC. 7. Section 386 of the Streets and Highways Code is amended to read:386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression.SEC. 8. Section 2384 of the Streets and Highways Code is amended to read:2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications.SEC. 9. Section 2852 of the Streets and Highways Code is amended to read:2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ SEC. 10. Section 5891 of the Streets and Highways Code is amended to read:5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of StreetsSEC. 11. Section 6467 of the Streets and Highways Code is amended to read:6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ SEC. 12. Section 6468 of the Streets and Highways Code is amended to read:6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerkSEC. 13. Section 6504 of the Streets and Highways Code is amended to read:6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________SEC. 14. Section 6611 of the Streets and Highways Code is amended to read:6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. SEC. 15. Section 8652 of the Streets and Highways Code is amended to read:8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) ClerkSEC. 16. Section 25403 of the Streets and Highways Code is amended to read:25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors.SEC. 17. Section 675.6 of the Vehicle Code is amended to read:675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.SEC. 18. Section 11607 of the Vehicle Code is amended to read:11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused.SEC. 19. Section 9250.14 of the Vehicle Code is amended to read:9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program.SEC. 20. Section 12002 of the Vehicle Code is amended to read:12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall.SEC. 21. Section 12527 of the Vehicle Code is amended to read:12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative.SEC. 22. Section 16028 of the Vehicle Code is amended to read:16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device.SEC. 23. Section 24010 of the Vehicle Code is amended to read:24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered.SEC. 24. Section 24015 of the Vehicle Code is amended to read:24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.SEC. 25. Section 26103 of the Vehicle Code is amended to read:26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department.SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 11 | 23 | | |
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| 12 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 25 | | |
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| 14 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 27 | | |
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| 16 | 28 | | AB 3246, Committee on Transportation. Transportation: omnibus bill. |
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| 17 | 29 | | |
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| 18 | 30 | | (1) Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee on motor vehicles, as specified, that is paid quarterly to the Controller and continuously appropriated for disbursement to the county, as specified, to be used to fund programs relating to vehicle theft crimes. Existing law requires a county that imposes this fee to issue an annual report to the Controller on or before August 31. Existing law requires the Controller to suspend a countys fee for one year if the county fails to submit the report by November 30 and requires the Controller to inform the Department of Motor Vehicles on or before January 1 that a countys authority to collect the fee is suspended.This bill would instead require the Controller to inform the Department of Motor Vehicles on or before February 1 that a countys authority to collect the fee described above is suspended.(2) Existing law requires the Division of Aeronautics within the Department of Transportation, in cooperation with the aviation industry and the electric utility industry and in consultation with the Federal Aviation Administration, to coordinate and disseminate specified information to pilots to increase awareness of wire hazards and to communicate techniques for identifying and avoiding wires. Existing law requires certain electrical corporations and publicly owned electrical utilities to pay a one-time fee, as specified, that is deposited in the Aeronautics Account in the State Transportation Fund and continuously appropriated to the Department of Transportation to disseminate the information described above.This bill would delete the provisions described above.(3) Existing law prohibits any person from constructing or altering any structure or permitting any natural growth to grow at a height that exceeds the obstruction standards set forth in specified federal regulations relating to objects affecting navigable airspace unless a permit allowing the construction, alteration, or growth is issued by the Department of Transportation. Existing law provides that a permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.This bill would recast these provisions to remove the obsolete provision that the department may issue a permit as described above. The bill would retain the requirement that the Federal Aviation Administration makes the determination that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(4) Existing law describes the authorized routes in the state highway system.This bill would revise the route description of State Highway Routes 74 and 86 to reflect relinquishments of portions of those routes to local agencies.(5) Existing law requires the California Transportation Commission to adopt a program of projects to receive allocations pursuant to the Active Transportation Program. Existing law requires the commission to adopt each program of projects by no later than April 1 of each odd-numbered year, as specified.This bill would instead require the commission to adopt each program of projects by no later than July 1 of each odd-numbered year.(6) This bill would also delete references to obsolete provisions and make other technical and clarifying changes. Because some of these changes may impose a new duty on local officials, the bill would impose a state-mandated local program.(7) 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 the statutory provisions noted above.(8) This bill would provide that any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 19 | 31 | | |
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| 20 | 32 | | (1) Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee on motor vehicles, as specified, that is paid quarterly to the Controller and continuously appropriated for disbursement to the county, as specified, to be used to fund programs relating to vehicle theft crimes. Existing law requires a county that imposes this fee to issue an annual report to the Controller on or before August 31. Existing law requires the Controller to suspend a countys fee for one year if the county fails to submit the report by November 30 and requires the Controller to inform the Department of Motor Vehicles on or before January 1 that a countys authority to collect the fee is suspended. |
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| 21 | 33 | | |
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| 22 | 34 | | This bill would instead require the Controller to inform the Department of Motor Vehicles on or before February 1 that a countys authority to collect the fee described above is suspended. |
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| 23 | 35 | | |
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| 24 | 36 | | (2) Existing law requires the Division of Aeronautics within the Department of Transportation, in cooperation with the aviation industry and the electric utility industry and in consultation with the Federal Aviation Administration, to coordinate and disseminate specified information to pilots to increase awareness of wire hazards and to communicate techniques for identifying and avoiding wires. Existing law requires certain electrical corporations and publicly owned electrical utilities to pay a one-time fee, as specified, that is deposited in the Aeronautics Account in the State Transportation Fund and continuously appropriated to the Department of Transportation to disseminate the information described above. |
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| 25 | 37 | | |
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| 26 | 38 | | This bill would delete the provisions described above. |
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| 27 | 39 | | |
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| 28 | 40 | | (3) Existing law prohibits any person from constructing or altering any structure or permitting any natural growth to grow at a height that exceeds the obstruction standards set forth in specified federal regulations relating to objects affecting navigable airspace unless a permit allowing the construction, alteration, or growth is issued by the Department of Transportation. Existing law provides that a permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. |
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| 29 | 41 | | |
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| 30 | 42 | | This bill would recast these provisions to remove the obsolete provision that the department may issue a permit as described above. The bill would retain the requirement that the Federal Aviation Administration makes the determination that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. |
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| 31 | 43 | | |
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| 32 | 44 | | (4) Existing law describes the authorized routes in the state highway system. |
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| 33 | 45 | | |
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| 34 | 46 | | This bill would revise the route description of State Highway Routes 74 and 86 to reflect relinquishments of portions of those routes to local agencies. |
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| 35 | 47 | | |
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| 36 | 48 | | (5) Existing law requires the California Transportation Commission to adopt a program of projects to receive allocations pursuant to the Active Transportation Program. Existing law requires the commission to adopt each program of projects by no later than April 1 of each odd-numbered year, as specified. |
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| 37 | 49 | | |
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| 38 | 50 | | This bill would instead require the commission to adopt each program of projects by no later than July 1 of each odd-numbered year. |
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| 39 | 51 | | |
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| 40 | 52 | | (6) This bill would also delete references to obsolete provisions and make other technical and clarifying changes. Because some of these changes may impose a new duty on local officials, the bill would impose a state-mandated local program. |
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| 41 | 53 | | |
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| 42 | 54 | | (7) 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. |
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| 43 | 55 | | |
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| 44 | 56 | | 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 the statutory provisions noted above. |
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| 45 | 57 | | |
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| 46 | 58 | | (8) This bill would provide that any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 47 | 59 | | |
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| 48 | 60 | | ## Digest Key |
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| 49 | 61 | | |
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| 50 | 62 | | ## Bill Text |
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| 51 | 63 | | |
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| 52 | 64 | | The people of the State of California do enact as follows:SECTION 1. Section 42703 of the Public Resources Code is amended to read:42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder.SEC. 2. Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of the Public Utilities Code is repealed.SEC. 3. Section 21659 of the Public Utilities Code is amended to read:21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658.SEC. 4. Section 21660 of the Public Utilities Code is repealed.SEC. 5. Section 21670.1 of the Public Utilities Code is amended to read:21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article.SEC. 6. Section 374 of the Streets and Highways Code is amended to read:374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74.SEC. 7. Section 386 of the Streets and Highways Code is amended to read:386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression.SEC. 8. Section 2384 of the Streets and Highways Code is amended to read:2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications.SEC. 9. Section 2852 of the Streets and Highways Code is amended to read:2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ SEC. 10. Section 5891 of the Streets and Highways Code is amended to read:5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of StreetsSEC. 11. Section 6467 of the Streets and Highways Code is amended to read:6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ SEC. 12. Section 6468 of the Streets and Highways Code is amended to read:6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerkSEC. 13. Section 6504 of the Streets and Highways Code is amended to read:6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________SEC. 14. Section 6611 of the Streets and Highways Code is amended to read:6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. SEC. 15. Section 8652 of the Streets and Highways Code is amended to read:8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) ClerkSEC. 16. Section 25403 of the Streets and Highways Code is amended to read:25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors.SEC. 17. Section 675.6 of the Vehicle Code is amended to read:675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.SEC. 18. Section 11607 of the Vehicle Code is amended to read:11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused.SEC. 19. Section 9250.14 of the Vehicle Code is amended to read:9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program.SEC. 20. Section 12002 of the Vehicle Code is amended to read:12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall.SEC. 21. Section 12527 of the Vehicle Code is amended to read:12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative.SEC. 22. Section 16028 of the Vehicle Code is amended to read:16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device.SEC. 23. Section 24010 of the Vehicle Code is amended to read:24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered.SEC. 24. Section 24015 of the Vehicle Code is amended to read:24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.SEC. 25. Section 26103 of the Vehicle Code is amended to read:26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department.SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 53 | 65 | | |
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| 54 | 66 | | The people of the State of California do enact as follows: |
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| 55 | 67 | | |
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| 56 | 68 | | ## The people of the State of California do enact as follows: |
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| 57 | 69 | | |
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| 58 | 70 | | SECTION 1. Section 42703 of the Public Resources Code is amended to read:42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. |
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| 59 | 71 | | |
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| 60 | 72 | | SECTION 1. Section 42703 of the Public Resources Code is amended to read: |
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| 61 | 73 | | |
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| 62 | 74 | | ### SECTION 1. |
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| 63 | 75 | | |
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| 64 | 76 | | 42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. |
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| 65 | 77 | | |
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| 66 | 78 | | 42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. |
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| 67 | 79 | | |
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| 68 | 80 | | 42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material:(1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used.(b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material.(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.(3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a).(c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following:(A) The lifespan and duration of the asphalt materials.(B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete.(C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials.(2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010.(3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a).(d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used.(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.(f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure.(g) For purposes of this section the following definitions shall apply:(1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation.(2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7.(3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. |
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| 69 | 81 | | |
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| 70 | 82 | | |
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| 71 | 83 | | |
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| 72 | 84 | | 42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material: |
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| 73 | 85 | | |
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| 74 | 86 | | (1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used. |
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| 75 | 87 | | |
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| 76 | 88 | | (2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used. |
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| 77 | 89 | | |
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| 78 | 90 | | (3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used. |
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| 79 | 91 | | |
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| 80 | 92 | | (b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material. |
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| 81 | 93 | | |
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| 82 | 94 | | (2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete. |
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| 83 | 95 | | |
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| 84 | 96 | | (3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a). |
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| 85 | 97 | | |
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| 86 | 98 | | (c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following: |
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| 87 | 99 | | |
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| 88 | 100 | | (A) The lifespan and duration of the asphalt materials. |
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| 89 | 101 | | |
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| 90 | 102 | | (B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete. |
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| 91 | 103 | | |
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| 92 | 104 | | (C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials. |
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| 93 | 105 | | |
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| 94 | 106 | | (2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010. |
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| 95 | 107 | | |
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| 96 | 108 | | (3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a). |
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| 97 | 109 | | |
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| 98 | 110 | | (d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used. |
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| 99 | 111 | | |
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| 100 | 112 | | (e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects. |
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| 101 | 113 | | |
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| 102 | 114 | | (f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure. |
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| 103 | 115 | | |
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| 104 | 116 | | (g) For purposes of this section the following definitions shall apply: |
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| 105 | 117 | | |
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| 106 | 118 | | (1) Asphalt containing crumb rubber means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation. |
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| 107 | 119 | | |
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| 108 | 120 | | (2) Crumb rubber or CRM has the same meaning as defined in Section 42801.7. |
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| 109 | 121 | | |
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| 110 | 122 | | (3) Rubberized asphalt concrete or RAC means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. |
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| 111 | 123 | | |
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| 112 | 124 | | SEC. 2. Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of the Public Utilities Code is repealed. |
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| 113 | 125 | | |
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| 114 | 126 | | SEC. 2. Chapter 3.7 (commencing with Section 21504) of Part 1 of Division 9 of the Public Utilities Code is repealed. |
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| 115 | 127 | | |
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| 116 | 128 | | ### SEC. 2. |
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| 117 | 129 | | |
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| 118 | 130 | | |
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| 119 | 131 | | |
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| 120 | 132 | | SEC. 3. Section 21659 of the Public Utilities Code is amended to read:21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. |
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| 121 | 133 | | |
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| 122 | 134 | | SEC. 3. Section 21659 of the Public Utilities Code is amended to read: |
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| 123 | 135 | | |
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| 124 | 136 | | ### SEC. 3. |
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| 125 | 137 | | |
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| 126 | 138 | | 21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. |
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| 127 | 139 | | |
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| 128 | 140 | | 21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. |
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| 129 | 141 | | |
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| 130 | 142 | | 21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation.(b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. |
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| 131 | 143 | | |
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| 132 | 144 | | |
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| 133 | 145 | | |
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| 134 | 146 | | 21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. |
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| 135 | 147 | | |
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| 136 | 148 | | (b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. |
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| 137 | 149 | | |
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| 138 | 150 | | SEC. 4. Section 21660 of the Public Utilities Code is repealed. |
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| 139 | 151 | | |
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| 140 | 152 | | SEC. 4. Section 21660 of the Public Utilities Code is repealed. |
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| 141 | 153 | | |
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| 142 | 154 | | ### SEC. 4. |
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| 143 | 155 | | |
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| 144 | 156 | | |
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| 145 | 157 | | |
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| 146 | 158 | | SEC. 5. Section 21670.1 of the Public Utilities Code is amended to read:21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. |
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| 147 | 159 | | |
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| 148 | 160 | | SEC. 5. Section 21670.1 of the Public Utilities Code is amended to read: |
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| 149 | 161 | | |
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| 150 | 162 | | ### SEC. 5. |
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| 151 | 163 | | |
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| 152 | 164 | | 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. |
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| 153 | 165 | | |
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| 154 | 166 | | 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. |
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| 155 | 167 | | |
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| 156 | 168 | | 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988.(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county.(2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.(C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans.(D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.(4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city.(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article.(e) (1) A commission need not be formed in a county if all of the following conditions are met:(A) The county has only one public use airport that is owned by a city.(B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city.(ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. |
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| 157 | 169 | | |
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| 158 | 170 | | |
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| 159 | 171 | | |
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| 160 | 172 | | 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county. |
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| 161 | 173 | | |
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| 162 | 174 | | (b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988. |
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| 163 | 175 | | |
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| 164 | 176 | | (c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county. |
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| 165 | 177 | | |
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| 166 | 178 | | (2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following: |
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| 167 | 179 | | |
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| 168 | 180 | | (A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public. |
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| 169 | 181 | | |
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| 170 | 182 | | (B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans. |
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| 171 | 183 | | |
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| 172 | 184 | | (C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans. |
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| 173 | 185 | | |
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| 174 | 186 | | (D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans. |
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| 175 | 187 | | |
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| 176 | 188 | | (E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan. |
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| 177 | 189 | | |
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| 178 | 190 | | (3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following: |
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| 179 | 191 | | |
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| 180 | 192 | | (A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time. |
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| 181 | 193 | | |
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| 182 | 194 | | (B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations. |
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| 183 | 195 | | |
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| 184 | 196 | | (C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies. |
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| 185 | 197 | | |
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| 186 | 198 | | (4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission. |
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| 187 | 199 | | |
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| 188 | 200 | | (d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans: |
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| 189 | 201 | | |
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| 190 | 202 | | (1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract. |
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| 191 | 203 | | |
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| 192 | 204 | | (2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, as part of the general and specific plans for the county and for each affected city. |
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| 193 | 205 | | |
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| 194 | 206 | | (3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article. |
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| 195 | 207 | | |
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| 196 | 208 | | (e) (1) A commission need not be formed in a county if all of the following conditions are met: |
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| 197 | 209 | | |
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| 198 | 210 | | (A) The county has only one public use airport that is owned by a city. |
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| 199 | 211 | | |
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| 200 | 212 | | (B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city. |
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| 201 | 213 | | |
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| 202 | 214 | | (ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. |
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| 203 | 215 | | |
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| 204 | 216 | | SEC. 6. Section 374 of the Streets and Highways Code is amended to read:374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. |
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| 205 | 217 | | |
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| 206 | 218 | | SEC. 6. Section 374 of the Streets and Highways Code is amended to read: |
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| 207 | 219 | | |
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| 208 | 220 | | ### SEC. 6. |
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| 209 | 221 | | |
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| 210 | 222 | | 374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. |
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| 211 | 223 | | |
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| 212 | 224 | | 374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. |
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| 213 | 225 | | |
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| 214 | 226 | | 374. (a) Route 74 is from:(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.(2) Route 215 near Perris to the southern city limit of Palm Desert.(b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment.(7) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(3) On and after the effective date of the relinquishment, both of the following shall occur:(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. |
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| 215 | 227 | | |
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| 216 | 228 | | |
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| 217 | 229 | | |
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| 218 | 230 | | 374. (a) Route 74 is from: |
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| 219 | 231 | | |
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| 220 | 232 | | (1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore. |
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| 221 | 233 | | |
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| 222 | 234 | | (2) Route 215 near Perris to the southern city limit of Palm Desert. |
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| 223 | 235 | | |
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| 224 | 236 | | (b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression. |
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| 225 | 237 | | |
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| 226 | 238 | | (c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state. |
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| 227 | 239 | | |
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| 228 | 240 | | (2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards. |
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| 229 | 241 | | |
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| 230 | 242 | | (3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway. |
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| 231 | 243 | | |
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| 232 | 244 | | (4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance. |
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| 233 | 245 | | |
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| 234 | 246 | | (5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city. |
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| 235 | 247 | | |
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| 236 | 248 | | (6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commissions approval of the terms and conditions of the relinquishment. |
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| 237 | 249 | | |
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| 238 | 250 | | (7) On and after the effective date of the relinquishment, both of the following shall occur: |
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| 239 | 251 | | |
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| 240 | 252 | | (A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. |
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| 241 | 253 | | |
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| 242 | 254 | | (B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. |
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| 243 | 255 | | |
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| 244 | 256 | | (8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. |
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| 245 | 257 | | |
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| 246 | 258 | | (9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74. |
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| 247 | 259 | | |
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| 248 | 260 | | (d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment. |
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| 249 | 261 | | |
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| 250 | 262 | | (2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment. |
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| 251 | 263 | | |
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| 252 | 264 | | (3) On and after the effective date of the relinquishment, both of the following shall occur: |
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| 253 | 265 | | |
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| 254 | 266 | | (A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. |
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| 255 | 267 | | |
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| 256 | 268 | | (B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. |
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| 257 | 269 | | |
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| 258 | 270 | | (4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. |
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| 259 | 271 | | |
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| 260 | 272 | | (5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. |
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| 261 | 273 | | |
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| 262 | 274 | | SEC. 7. Section 386 of the Streets and Highways Code is amended to read:386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression. |
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| 263 | 275 | | |
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| 264 | 276 | | SEC. 7. Section 386 of the Streets and Highways Code is amended to read: |
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| 265 | 277 | | |
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| 266 | 278 | | ### SEC. 7. |
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| 267 | 279 | | |
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| 268 | 280 | | 386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression. |
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| 269 | 281 | | |
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| 270 | 282 | | 386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression. |
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| 271 | 283 | | |
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| 272 | 284 | | 386. (a) Route 86 is from:(1) Route 111 to Route 8 near El Centro.(2) Route 8 near El Centro to the southern limit of the City of Imperial.(3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley.(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:(1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road.(2) To the City of El Centro, the portion of Route 86 within its city limits.(3) To the City of Brawley, the portion of Route 86 within its city limits.(c) The following conditions shall apply upon relinquishment:(1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.(2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway.(3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81.(4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression.(5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department.(d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78.(e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression. |
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| 273 | 285 | | |
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| 274 | 286 | | |
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| 275 | 287 | | |
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| 276 | 288 | | 386. (a) Route 86 is from: |
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| 277 | 289 | | |
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| 278 | 290 | | (1) Route 111 to Route 8 near El Centro. |
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| 279 | 291 | | |
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| 280 | 292 | | (2) Route 8 near El Centro to the southern limit of the City of Imperial. |
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| 281 | 293 | | |
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| 282 | 294 | | (3) The northern limit of the City of Imperial to Route 10 in the City of Indio via the vicinity of City of Brawley. |
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| 283 | 295 | | |
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| 284 | 296 | | (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish the following portions of Route 86, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows: |
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| 285 | 297 | | |
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| 286 | 298 | | (1) To the County of Imperial, the portions of Route 86 within unincorporated areas of the county from the beginning of the route at the junction of Route 111 to 0.5 mile south of Fredricks Road. |
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| 287 | 299 | | |
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| 288 | 300 | | (2) To the City of El Centro, the portion of Route 86 within its city limits. |
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| 289 | 301 | | |
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| 290 | 302 | | (3) To the City of Brawley, the portion of Route 86 within its city limits. |
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| 291 | 303 | | |
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| 292 | 304 | | (c) The following conditions shall apply upon relinquishment: |
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| 293 | 305 | | |
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| 294 | 306 | | (1) The relinquishment shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment. |
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| 295 | 307 | | |
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| 296 | 308 | | (2) On and after the effective date of the relinquishment, the relinquished portions of Route 86 shall cease to be a state highway. |
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| 297 | 309 | | |
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| 298 | 310 | | (3) The portions of Route 86 relinquished under this subdivision shall be ineligible for future adoption under Section 81. |
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| 299 | 311 | | |
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| 300 | 312 | | (4) The Cities of Brawley and El Centro, and the County of Imperial, shall ensure the continuity of traffic flow on the relinquished portions of Route 86, including any traffic signal progression. |
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| 301 | 313 | | |
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| 302 | 314 | | (5) For the portions of Route 86 that are relinquished under this subdivision, the Cities of Brawley and El Centro, and the County of Imperial, shall install and maintain, within their respective jurisdictions, the city or county signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. |
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| 303 | 315 | | |
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| 304 | 316 | | (d) Following the relinquishments authorized in subdivision (b), the portion of Route 86 from 0.5 mile south of Fredricks Road to the north junction of Route 78 shall be redesignated as a part of Route 78. |
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| 305 | 317 | | |
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| 306 | 318 | | (e) The relinquished former portion of Route 86 within the City of Imperial is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 86, the City of Imperial shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 86 to the extent deemed necessary by the department. The City of Imperial shall ensure the continuity of traffic flow on the relinquished portion of Route 86 within its jurisdiction, including any traffic signal progression. |
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| 307 | 319 | | |
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| 308 | 320 | | SEC. 8. Section 2384 of the Streets and Highways Code is amended to read:2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications. |
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| 309 | 321 | | |
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| 310 | 322 | | SEC. 8. Section 2384 of the Streets and Highways Code is amended to read: |
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| 311 | 323 | | |
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| 312 | 324 | | ### SEC. 8. |
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| 313 | 325 | | |
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| 314 | 326 | | 2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications. |
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| 315 | 327 | | |
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| 316 | 328 | | 2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications. |
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| 317 | 329 | | |
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| 318 | 330 | | 2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications. |
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| 319 | 331 | | |
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| 320 | 332 | | |
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| 321 | 333 | | |
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| 322 | 334 | | 2384. The commission shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications. |
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| 323 | 335 | | |
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| 324 | 336 | | SEC. 9. Section 2852 of the Streets and Highways Code is amended to read:2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ |
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| 325 | 337 | | |
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| 326 | 338 | | SEC. 9. Section 2852 of the Streets and Highways Code is amended to read: |
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| 327 | 339 | | |
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| 328 | 340 | | ### SEC. 9. |
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| 329 | 341 | | |
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| 330 | 342 | | 2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ |
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| 331 | 343 | | |
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| 332 | 344 | | 2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ |
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| 333 | 345 | | |
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| 334 | 346 | | 2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks):Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____.A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken).A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. _____ Clerk of (name of legislative body) _____ |
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| 335 | 347 | | |
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| 336 | 348 | | |
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| 337 | 349 | | |
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| 338 | 350 | | 2852. The notice of the hearing on the report shall be substantially in the following form (filling in blanks): |
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| 339 | 351 | | |
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| 340 | 352 | | Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street and B Street). The estimated cost of the ____ (acquisition or improvement) is $____; the assessed value of the real property within the district is $____; the estimated true value of parcels within the district is $____; the estimated total amount of assessments upon parcels to be assessed for acquisitions or improvements done or previously ordered is $____; the estimated amount of the proposed assessment upon your parcel for the proposed ____ (improvement or acquisition) is $____. The estimated amount of the proposed assessment is approximate only, is based upon the stated estimated cost, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the (City or County of ____) is the sum of $____. |
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| 341 | 353 | | |
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| 342 | 354 | | A hearing will be held in the (place of hearing) by (designation of body or officer) on the ____ day of ____, 20__, at the hour of ___ oclock _m. at which time and place all protests and objections will be heard. The proceeding for the acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act under which the project will be undertaken). |
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| 343 | 355 | | |
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| 344 | 356 | | A report on the proposed project is on file in the office of the clerk of the ____ (designate the legislative body) and is open to public inspection. |
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| 345 | 357 | | |
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| 346 | 358 | | _____ Clerk of (name of legislative body) _____ |
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| 347 | 359 | | |
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| 348 | 360 | | _____ Clerk of (name of legislative body) _____ |
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| 349 | 361 | | |
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| 350 | 362 | | SEC. 10. Section 5891 of the Streets and Highways Code is amended to read:5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of Streets |
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| 351 | 363 | | |
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| 352 | 364 | | SEC. 10. Section 5891 of the Streets and Highways Code is amended to read: |
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| 353 | 365 | | |
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| 354 | 366 | | ### SEC. 10. |
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| 355 | 367 | | |
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| 356 | 368 | | 5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of Streets |
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| 357 | 369 | | |
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| 358 | 370 | | 5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of Streets |
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| 359 | 371 | | |
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| 360 | 372 | | 5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of LienPursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record.The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit:(Description of Property)Dated this _____ day of ____, 20__.Superintendent of Streets |
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| 361 | 373 | | |
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| 362 | 374 | | |
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| 363 | 375 | | |
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| 364 | 376 | | 5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit:Notice of Lien |
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| 365 | 377 | | |
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| 366 | 378 | | Notice of Lien |
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| 367 | 379 | | |
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| 368 | 380 | | Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record. |
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| 369 | 381 | | |
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| 370 | 382 | | The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit: |
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| 371 | 383 | | |
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| 372 | 384 | | (Description of Property) |
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| 373 | 385 | | |
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| 374 | 386 | | Dated this _____ day of ____, 20__. |
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| 375 | 387 | | Superintendent of Streets |
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| 376 | 388 | | |
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| 377 | 389 | | Dated this _____ day of ____, 20__. |
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| 378 | 390 | | |
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| 379 | 391 | | Superintendent of Streets |
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| 380 | 392 | | |
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| 381 | 393 | | SEC. 11. Section 6467 of the Streets and Highways Code is amended to read:6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ |
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| 382 | 394 | | |
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| 383 | 395 | | SEC. 11. Section 6467 of the Streets and Highways Code is amended to read: |
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| 384 | 396 | | |
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| 385 | 397 | | ### SEC. 11. |
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| 386 | 398 | | |
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| 387 | 399 | | 6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ |
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| 388 | 400 | | |
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| 389 | 401 | | 6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ |
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| 390 | 402 | | |
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| 391 | 403 | | 6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows:UNITED STATES OF AMERICAState of CaliforniaCounty of ________(assessment & diagram nbr.)(amount)________________certificate of ownership of assessment against public propertyPursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows:1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____).2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__.3. Said assessment was levied in an assessment district known and described as ____.4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows:(insert description)5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate.6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures.7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law.8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate.9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid.10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same.11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation.In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. _____ _____ Treasurer _____ |
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| 392 | 404 | | |
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| 393 | 405 | | |
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| 394 | 406 | | |
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| 395 | 407 | | 6467. In the event there are unpaid assessments levied against public property which are payable as provided in Section 5302.5 of this code, the treasurer shall, simultaneously with the issuance of bonds, if bonds are to be issued in the proceedings, issue certificates representing assessments against public property. A separate certificate shall be issued to represent each assessment against public property. The certificates will provide for payment thereof as provided in Section 5302.5, and each certificate shall read substantially as follows: |
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| 396 | 408 | | |
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| 397 | 409 | | UNITED STATES OF AMERICAState of CaliforniaCounty of ________ |
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| 398 | 410 | | (assessment & diagram nbr.) (amount) |
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| 399 | 411 | | ________ ________ |
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| 400 | 412 | | |
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| 401 | 413 | | UNITED STATES OF AMERICA |
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| 402 | 414 | | |
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| 403 | 415 | | State of CaliforniaCounty of ________ |
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| 404 | 416 | | |
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| 405 | 417 | | (assessment & diagram nbr.) |
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| 406 | 418 | | |
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| 407 | 419 | | (amount) |
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| 408 | 420 | | |
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| 409 | 421 | | ________ |
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| 410 | 422 | | |
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| 411 | 423 | | ________ |
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| 412 | 424 | | |
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| 413 | 425 | | certificate of ownership of assessment against public property |
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| 414 | 426 | | |
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| 415 | 427 | | Pursuant to the provisions of Sections 5301 and 5302.5 of Division 7, Part 3, Chapter 13 of the Streets and Highways Code of the State of California, (Improvement Act of 1911), and pursuant to proceedings taken by the ____ of the ____, county of ____, State of California, under the provisions of Division ____, of the Streets and Highways Code, the undersigned treasurer of ____ does hereby certify as follows: |
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| 416 | 428 | | |
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| 417 | 429 | | 1. The ____ of ____ by Resolution of Intention No. ____, passed on the ____ day of ____, 20__, and proceedings subsequent thereto, levied an assessment against property owned by ____ in the sum of ____ dollars ($____). |
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| 418 | 430 | | |
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| 419 | 431 | | 2. Said assessment was levied on the ____ day of ____, 20__; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____, 20__. |
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| 420 | 432 | | |
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| 421 | 433 | | 3. Said assessment was levied in an assessment district known and described as ____. |
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| 422 | 434 | | |
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| 423 | 435 | | 4. The assessment number of said property, as shown on the assessment diagram and in the assessment roll is No. ____, and the property designated as assessment number ____ and which belongs to ____ is described as follows: |
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| 424 | 436 | | |
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| 425 | 437 | | (insert description) |
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| 426 | 438 | | |
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| 427 | 439 | | 5. Said assessment is payable in not more than ____ (_) annual installments, the first installment of which shall be June 2, 20__, and the last of which will be payable June 2, 20__. Said installments will be in even annual proportions of the whole amount. Payments of principal shall be represented by coupons attached to said certificate. |
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| 428 | 440 | | |
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| 429 | 441 | | 6. Interest will accrue upon said unpaid amount from the ____ day of ____, 20__, at the rate of ____ percent per annum until the whole of the principal and interest thereon shall have been paid in full. The interest is payable semiannually, by coupon, on the second day of December and June, respectively, of each year a principal payment coupon matures. |
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| 430 | 442 | | |
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| 431 | 443 | | 7. The officer or board whose duty it is to levy taxes on behalf of the owner of said property hereinabove described, is obligated to include in the next tax levy an amount, in addition to moneys for all other purposes, sufficient to pay ____ (____) or more of the principal of said assessment with interest on the unpaid principal of the assessment to date of payment and is obligated to include in each succeeding tax levy a like ____ (____) amount or more in addition to moneys for all other purposes until the principal of said assessment and all interest on the unpaid portions thereof shall be paid. Said tax levy shall be made notwithstanding that said tax levy exceeds the maximum tax rate that may otherwise be imposed by law. |
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| 432 | 444 | | |
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| 433 | 445 | | 8. In the event that the officer or board whose duty it is to levy taxes fails to provide for a tax levy to pay and discharge the principal of the assessment and the interest thereon, the owner of this certificate may compel the levy thereof in the manner hereinabove set forth by writ of mandate. No statute of limitations shall bar any right provided for herein to enforce the collection of this assessment and any interest due thereon until four years after the maturity of the last coupon of principal and interest due on this certificate. |
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| 434 | 446 | | |
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| 435 | 447 | | 9. The owner of this certificate described herein may use mandamus or other appropriate remedy to compel the officer or board whose duty it is to levy taxes for said obligated owner to levy an amount in a given year equal to ____ (____) of said assessment and interest on the unpaid portion thereof and may continue to use mandamus or other remedy to cause a like ____ (____) amount and interest to be levied each year until the whole of said assessment and all interest due has been paid. |
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| 436 | 448 | | |
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| 437 | 449 | | 10. If an owner of this certificate is successful in any action to compel the levy of a tax under this certificate he shall be awarded reasonable attorneys fees as fixed by the court and costs and said attorneys fees and costs shall be included in the tax levied to pay the same. |
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| 438 | 450 | | |
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| 439 | 451 | | 11. This certificate together with interest is payable to bearer at the office of the ____ treasurer of the ____ of ____ upon presentation of the coupons representing principal and interest thereon. Upon payment in full it shall be surrendered to the ____ treasurer for cancellation. |
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| 440 | 452 | | |
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| 441 | 453 | | In witness whereof, said ____ has caused this certificate to be signed by its treasurer and has caused its clerk to affix thereto its corporate seal all on the ____ day of ____, 20__. |
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| 442 | 454 | | |
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| 443 | 455 | | _____ _____ Treasurer _____ |
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| 444 | 456 | | |
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| 445 | 457 | | _____ _____ Treasurer _____ |
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| 446 | 458 | | |
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| 447 | 459 | | SEC. 12. Section 6468 of the Streets and Highways Code is amended to read:6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerk |
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| 448 | 460 | | |
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| 449 | 461 | | SEC. 12. Section 6468 of the Streets and Highways Code is amended to read: |
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| 450 | 462 | | |
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| 451 | 463 | | ### SEC. 12. |
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| 452 | 464 | | |
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| 453 | 465 | | 6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerk |
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| 454 | 466 | | |
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| 455 | 467 | | 6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerk |
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| 456 | 468 | | |
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| 457 | 469 | | 6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter.Such bonds shall be substantially in the following form:STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it)$No. (Assessment number) This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated.This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office.Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__.This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise.The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law.The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county).The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment.The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid.If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same.This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal.In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__.TreasurerClerk |
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| 458 | 470 | | |
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| 459 | 471 | | |
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| 460 | 472 | | |
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| 461 | 473 | | 6468. In addition to the method of collecting unpaid assessments against publicly owned property in use in the performance of a public function, as provided in Section 5302.5, and in addition to the issuance of the certificate provided in Section 6467, the legislative body may elect to have bonds issued to represent assessments against such publicly owned property as authorized in Section 5302.6 and as authorized in this chapter. |
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| 462 | 474 | | |
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| 463 | 475 | | Such bonds shall be substantially in the following form: |
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| 464 | 476 | | |
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| 465 | 477 | | STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it) |
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| 466 | 478 | | |
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| 467 | 479 | | # STREET IMPROVEMENT BONDSeries (designating it), in the City (or County)of (naming it) |
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| 468 | 480 | | |
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| 469 | 481 | | $ No. |
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| 470 | 482 | | (Assessment number) |
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| 471 | 483 | | |
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| 472 | 484 | | $ |
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| 473 | 485 | | |
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| 474 | 486 | | |
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| 475 | 487 | | |
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| 476 | 488 | | No. |
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| 477 | 489 | | |
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| 478 | 490 | | |
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| 479 | 491 | | |
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| 480 | 492 | | |
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| 481 | 493 | | |
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| 482 | 494 | | (Assessment number) |
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| 483 | 495 | | |
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| 484 | 496 | | This bond is issued under and by virtue of the provisions of Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets and Highways Code as a result of proceedings taken by the legislative body of ____ (under the provisions of the Improvement Act of 1911) (under the provisions of the Municipal Improvement Act of 1913) and is payable out of the redemption fund for the payment of bonds issued to represent the unpaid assessments against publicly owned property owned by the City (County) of ____ hereinafter designated. |
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| 485 | 497 | | |
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| 486 | 498 | | This bond is issued to represent the cost of certain public improvements benefiting such public property, which property is more fully described as assessment number(s) ____ in an assessment issued by the street superintendent of said ____ and recorded in his office. |
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| 487 | 499 | | |
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| 488 | 500 | | Said assessment was levied on the ____ day of ____ 20__, in an assessment district known and described as ____; notice thereof was recorded in the office of the County Recorder of the County of ____, on the ____ day of ____ 20__. |
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| 489 | 501 | | |
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| 490 | 502 | | This bond is one of several bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said city (or county) under said law for the purpose of providing means for paying for the work and improvements described in the resolution of intention in the assessment district proceedings hereinabove referred to, and to represent an unpaid assessment against publicly owned property. It is secured by the moneys in said redemption fund and by the unpaid amount of said assessment against said publicly owned property, and, including principal and interest is payable exclusively from said redemption fund and neither the (here insert city or county) nor any officer thereof is to be liable for payment otherwise. |
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| 491 | 503 | | |
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| 492 | 504 | | The officer, officers, or board of the entity assessed whose duty it is to levy taxes, is obligated to include in the tax levy for each and every fiscal year of the period of the bonds of the series of which this bond is a part, an amount, in addition to moneys for all other purposes, sufficient to pay the interest falling due on all bonds outstanding of this series, plus the amount necessary to pay the principal of all bonds falling due each fiscal year of the life of this series of bonds. This levy shall be included each fiscal year during the life of this series of bonds, and until the principal and interest upon all bonds of this series shall be paid in full. The levy shall be in addition to any levy or levies made for all other purposes, and shall be made notwithstanding that the tax levy exceeds the maximum tax rate that may otherwise be imposed by law. |
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| 493 | 505 | | |
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| 494 | 506 | | The Treasurer of the City (County) of ____ will on the second day of June 20__, solely out of said redemption fund, pay to the bearer the sum of ____ dollars ($____) with interest thereon from the ____ day of ____ 20__, at the rate of ____ percent per annum, all as herein specified and at the office of the treasurer of said city (county). |
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| 495 | 507 | | |
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| 496 | 508 | | The interest is payable semiannually, to wit: on the second day of December and June of each fiscal year after the date of this bond, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for interest to the second day of December, 20__, and thereafter the interest coupons are for the semiannual interest. The term fiscal year is defined to mean the period from July 1st to and including June 30 of the year following throughout the life of this series of bonds, the first of which fiscal years shall commence the July 1st following the date of this bond. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. |
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| 497 | 509 | | |
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| 498 | 510 | | In the event the officer or board whose duty it is to levy taxes to pay for said bonds fails to provide for a tax levy to pay and discharge the principal of the bonds and the interest thereon, the owner of this bond may compel the levy thereof in the manner hereinafter set forth by writ of mandate. The writ of mandate shall include the right to compel the levy of an amount sufficient to pay principal and interest on all bonds issued to represent the same assessment. |
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| 499 | 511 | | |
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| 500 | 512 | | The owner of this bond may use mandamus or other appropriate remedy to compel the officer or board, whose duty it is to levy taxes for said obligated owner, to levy an amount in a given year equal to the amount necessary to pay principal and interest on the unpaid portion of this series of bonds and may continue to use mandamus or other remedy to cause a like amount of principal and interest to be levied each year until the whole of the assessment and this series of bonds and all interest thereon has been paid. |
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| 501 | 513 | | |
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| 502 | 514 | | If the owner of this bond is successful in any action to compel the levy of the tax under this bond he shall be awarded reasonable attorneys fees as fixed by the court, and costs, and said attorneys fees and costs shall be included in the tax levied to pay the same. |
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| 503 | 515 | | |
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| 504 | 516 | | This bond may be redeemed and paid in advance of maturity upon the second day of December or June in any year by giving notice in the manner provided for giving of notice for redemption of bonds under the provisions of the Improvement Bond Act of 1915, and by paying principal and accrued interest together with a premium equal to ____ percent of the principal. |
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| 505 | 517 | | |
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| 506 | 518 | | In witness whereof, said ____ has caused this bond to be signed by its treasurer and by its clerk and has affixed thereto its corporate seal all on the ____ day of ____ 20__. |
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| 507 | 519 | | |
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| 508 | 520 | | |
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| 509 | 521 | | Treasurer |
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| 510 | 522 | | Clerk |
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| 511 | 523 | | |
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| 512 | 524 | | |
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| 513 | 525 | | |
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| 514 | 526 | | |
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| 515 | 527 | | |
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| 516 | 528 | | |
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| 517 | 529 | | |
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| 518 | 530 | | Treasurer |
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| 519 | 531 | | |
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| 520 | 532 | | |
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| 521 | 533 | | |
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| 522 | 534 | | |
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| 523 | 535 | | |
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| 524 | 536 | | |
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| 525 | 537 | | |
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| 526 | 538 | | Clerk |
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| 527 | 539 | | |
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| 528 | 540 | | SEC. 13. Section 6504 of the Streets and Highways Code is amended to read:6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________ |
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| 529 | 541 | | |
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| 530 | 542 | | SEC. 13. Section 6504 of the Streets and Highways Code is amended to read: |
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| 531 | 543 | | |
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| 532 | 544 | | ### SEC. 13. |
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| 533 | 545 | | |
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| 534 | 546 | | 6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________ |
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| 535 | 547 | | |
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| 536 | 548 | | 6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________ |
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| 537 | 549 | | |
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| 538 | 550 | | 6504. The notice of sale shall be in substantially (filling in all blanks) the following form:Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items).In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code.In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published.Dated _______Treasurer of the City (or County)of ____________ |
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| 539 | 551 | | |
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| 540 | 552 | | |
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| 541 | 553 | | |
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| 542 | 554 | | 6504. The notice of sale shall be in substantially (filling in all blanks) the following form: |
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| 543 | 555 | | |
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| 544 | 556 | | Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____ |
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| 545 | 557 | | |
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| 546 | 558 | | # Notice of Sale of Property Delinquent for Nonpayment of Bond No.__, Series No.__, Issued for the Improvement of ____ |
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| 547 | 559 | | |
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| 548 | 560 | | Default having been made in the payment of the following named coupons (here fill in date and amounts of the coupon or coupons which have not been paid) and the holder of said bond having demanded in writing that the Treasurer of the City (or County) of ____ proceed to advertise and sell the lot or parcel of land mentioned in said bond. Now, therefore, I give notice that I will on the ____ day of ____, 20__, at the hour of ____ oclock _m., of said day, sell at public auction the lot or parcel of land mentioned in said bond, to wit: Parcel Number ____ (or the legal description of the property in said bond) located at ____, at (here state the place of sale, which shall be at the office of said treasurer or at some public place in said city (or county)) unless the amount due on said bond and the accrued interest thereon together with the costs set forth in the third paragraph of this notice are paid; and that I will so sell the same to the person who will pay the highest price for the entire lot or parcel of land hereinafter described, but not less than the full amount of unpaid principal, interest, and penalties on said bond, together with all costs. In the event there is no bidder for the total amount due on said bond, together with the accrued interest, penalties, and costs of sale, I shall deem said lot or parcel of land sold to the holder of said bond, as provided in Section 6509 of the Streets and Highways Code. The lot or parcel of land mentioned in said bond and to be sold, is more particularly described, to wit: (here set forth the description of the lot or parcel of land as contained in the bond). The amount due on said bond up to the date of this notice is as follows: Due on the principal thereof, ____ dollars ($____); due on account of interest ____ dollars ($____) (here set forth the interest calculated and compounded semiannually up to the date on which the notice is dated at the interest rate named in said bond upon the unpaid principal for the full period for which no interest has been paid) due on account of penalties ____ dollars ($____). Total amount due on said bond (here set forth the total of the foregoing items). |
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| 549 | 561 | | |
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| 550 | 562 | | In order to avoid this sale, payment of the total amount above named will be required together with the additional interest accruing up to the date of payment and the following costs: (a) the cost of recording pendency of foreclosure as provided in Section 3121 of the Streets and Highways Code; (b) if incurred, costs of obtaining an abstract of title or title search; (c) the cost of publication of the notice of sale incurred before such payment; and (d) the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner, as shown on the last equalized roll for taxes, and any person whose name appears as owner on the records of the county assessors office which the county will use to prepare the next assessors roll. The bond may be reinstated and the sale avoided upon payment of the amounts due, interest, penalties, and costs in the manner provided in Sections 3121 and 6631 of the Streets and Highways Code. |
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| 551 | 563 | | |
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| 552 | 564 | | In the event of sale, such sale will include interest in addition to the above total amount due accruing up to the date of sale, the costs provided in Section 6505.1 of the Streets and Highways Code, and the fee for recording the certificate of sale. The ____ (here name newspaper) is designated as the newspaper in which this notice shall be published. |
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| 553 | 565 | | |
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| 554 | 566 | | Dated _______ |
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| 555 | 567 | | Treasurer of the City (or County) |
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| 556 | 568 | | of ____________ |
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| 557 | 569 | | |
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| 558 | 570 | | Dated _______ |
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| 559 | 571 | | |
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| 560 | 572 | | Treasurer of the City (or County) |
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| 561 | 573 | | |
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| 562 | 574 | | of ____________ |
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| 563 | 575 | | |
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| 564 | 576 | | SEC. 14. Section 6611 of the Streets and Highways Code is amended to read:6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. |
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| 565 | 577 | | |
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| 566 | 578 | | SEC. 14. Section 6611 of the Streets and Highways Code is amended to read: |
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| 567 | 579 | | |
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| 568 | 580 | | ### SEC. 14. |
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| 569 | 581 | | |
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| 570 | 582 | | 6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. |
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| 571 | 583 | | |
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| 572 | 584 | | 6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. |
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| 573 | 585 | | |
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| 574 | 586 | | 6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons.The demand shall be in substantially the following form: Demand for Payment of Street Improvement BondYou are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. |
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| 575 | 587 | | |
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| 576 | 588 | | |
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| 577 | 589 | | |
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| 578 | 590 | | 6611. The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action is brought costs for the service of the demand shall be allowed in an amount equivalent to the fees prescribed by law for the service of summons. |
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| 579 | 591 | | |
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| 580 | 592 | | The demand shall be in substantially the following form: |
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| 581 | 593 | | |
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| 582 | 594 | | Demand for Payment of Street Improvement Bond |
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| 583 | 595 | | |
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| 584 | 596 | | You are hereby notified that Bond No. ____ Series No. ____ for an improvement in the City (or County) of ____ is delinquent. Unless the amount of the unpaid principal on said bond together with interest and penalties is paid to the city (or county) treasurer on or before 30 days after the service on you of this demand, the date of such service being this ____ day of ____, 20__, the undersigned will institute suit to foreclose the lien of said bond in the manner prescribed by law. |
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| 585 | 597 | | |
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| 586 | 598 | | SEC. 15. Section 8652 of the Streets and Highways Code is amended to read:8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) Clerk |
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| 587 | 599 | | |
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| 588 | 600 | | SEC. 15. Section 8652 of the Streets and Highways Code is amended to read: |
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| 589 | 601 | | |
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| 590 | 602 | | ### SEC. 15. |
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| 591 | 603 | | |
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| 592 | 604 | | 8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) Clerk |
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| 593 | 605 | | |
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| 594 | 606 | | 8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) Clerk |
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| 595 | 607 | | |
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| 596 | 608 | | 8652. The bonds shall be substantially in the following form:United States of America State of California County of ______REGISTERED NumberREGISTERED$IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______INTEREST RATEMATURITY DATEBOND DATE____, 20__CUSIP NUMBERUnder and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date.This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity.This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent).IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__.CITY (OR COUNTY) OF ________ ClerkTreasurer[SEAL]Certificate of Authentication and RegistrationThis is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered onBy ADDITIONAL PROVISIONS OF THE BONDThis bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund.This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor.Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust.Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date.The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary.This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal.This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable).I hereby certify that the following is a correct copy of the signed legal opinion of _______City (or County) Clerk |
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| 597 | 609 | | |
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| 598 | 610 | | |
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| 599 | 611 | | |
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| 600 | 612 | | 8652. The bonds shall be substantially in the following form: |
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| 601 | 613 | | |
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| 602 | 614 | | United States of America State of California County of ______ |
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| 603 | 615 | | REGISTERED Number REGISTERED$ |
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| 604 | 616 | | IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______ |
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| 605 | 617 | | INTEREST RATE MATURITY DATE BOND DATE____, 20__ CUSIP NUMBER |
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| 606 | 618 | | |
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| 607 | 619 | | United States of America State of California County of ______ |
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| 608 | 620 | | |
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| 609 | 621 | | REGISTERED Number |
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| 610 | 622 | | |
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| 611 | 623 | | |
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| 612 | 624 | | |
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| 613 | 625 | | |
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| 614 | 626 | | |
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| 615 | 627 | | REGISTERED$ |
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| 616 | 628 | | |
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| 617 | 629 | | IMPROVEMENT BOND City (or County) of (naming it)__________ SERIES NO.______ |
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| 618 | 630 | | |
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| 619 | 631 | | INTEREST RATE |
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| 620 | 632 | | |
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| 621 | 633 | | MATURITY DATE |
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| 622 | 634 | | |
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| 623 | 635 | | BOND DATE____, 20__ |
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| 624 | 636 | | |
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| 625 | 637 | | CUSIP NUMBER |
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| 626 | 638 | | |
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| 627 | 639 | | Under and by virtue of the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code (the Act), the City (or County) of ____, County of ____, State of California, (the City or County) will, out of the redemption fund for the payment of the bonds issued upon the unpaid portion of assessments made for the acquisition, work, and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. ____, adopted by the (legislative body) of the City (or County) of ____ on the ____ day of ____, 20__, (as later amended), pay to ____ or registered assigns, on the maturity date stated above, the principal sum of ____, in lawful money of the United States of America and in like manner will pay interest from the interest payment date next preceding the date on which this bond is authenticated, unless this bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated and registered prior to ____, 20__, (first interest payment date) in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year commencing on ____, 20__. Both the principal hereof and redemption premium hereon are payable at ____ as Transfer Agent, Registrar, and Paying Agent, in ____, California, and the interest hereon is payable by check or draft mailed to the owner hereof at the owners address as it appears on the records of the ____ (issuing agency or registration agent) or at an address that has been filed with the ____ (issuing agency or registration agent) for that purpose, as of the 15th day of the calendar month immediately preceding each interest payment date. |
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| 628 | 640 | | |
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| 629 | 641 | | This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. |
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| 630 | 642 | | |
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| 631 | 643 | | This bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of Bonds (the Resolution of Issuance), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the ____ (issuing agency or registration agent). |
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| 632 | 644 | | |
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| 633 | 645 | | IN WITNESS WHEREOF, the City (or County) of ____ has caused this bond to be signed in facsimile by the Treasurer of the City (or County) and by its Clerk, and has caused its corporate seal to be reproduced in facsimile hereon all as of the ____ day of ____, 20__. |
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| 634 | 646 | | |
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| 635 | 647 | | CITY (OR COUNTY) OF ________ |
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| 636 | 648 | | Clerk Treasurer |
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| 637 | 649 | | [SEAL] |
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| 638 | 650 | | Certificate of Authentication and Registration |
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| 639 | 651 | | This is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered on |
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| 640 | 652 | | By |
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| 641 | 653 | | |
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| 642 | 654 | | CITY (OR COUNTY) OF ________ |
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| 643 | 655 | | |
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| 644 | 656 | | |
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| 645 | 657 | | |
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| 646 | 658 | | Clerk |
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| 647 | 659 | | |
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| 648 | 660 | | |
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| 649 | 661 | | |
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| 650 | 662 | | Treasurer |
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| 651 | 663 | | |
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| 652 | 664 | | [SEAL] |
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| 653 | 665 | | |
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| 654 | 666 | | Certificate of Authentication and Registration |
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| 655 | 667 | | |
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| 656 | 668 | | This is one of the bonds described in the within mentioned Resolution of Issuance, which has been authenticated and registered on |
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| 657 | 669 | | |
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| 658 | 670 | | By |
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| 659 | 671 | | |
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| 660 | 672 | | |
|---|
| 661 | 673 | | |
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| 662 | 674 | | ADDITIONAL PROVISIONS OF THE BOND |
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| 663 | 675 | | |
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| 664 | 676 | | # ADDITIONAL PROVISIONS OF THE BOND |
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| 665 | 677 | | |
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| 666 | 678 | | This bond is one of several annual series of bonds of like date, tenor, and effect, but differing in amounts, maturities, and interest rates, issued by the City (or County) of ____ under the Act and the Resolution of Issuance, for the purpose of providing means for paying for the improvements described in the proceedings, and is secured by the moneys in the redemption fund and by the unpaid portion of assessments made for the payment of those improvements, and, including principal and interest, is payable exclusively out of the redemption fund. |
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| 667 | 679 | | |
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| 668 | 680 | | This bond is transferable by the registered owner hereof, in person or by the owners attorney duly authorized in writing, at the office of ____ (issuing agency or its registration agent), subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this bond. Upon transfer, a new registered bond or bonds, of any authorized denomination or denominations, of the same maturity, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. |
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| 669 | 681 | | |
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| 670 | 682 | | Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership, or a trust. |
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| 671 | 683 | | |
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| 672 | 684 | | Neither the issuing agency nor the registration agent shall be required to exchange or to register the transfer of bonds during the 15 days immediately preceding any interest payment date. |
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| 673 | 685 | | |
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| 674 | 686 | | The issuing agency and the registration agent may treat the owner hereof as the absolute owner for all purposes, and the issuing agency and the registration agent shall not be affected by any notice to the contrary. |
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| 675 | 687 | | |
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| 676 | 688 | | This bond or any portion of it in the amount of five thousand dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 30 days notice by registered or certified mail or by personal service to the registered owner hereof at the owners address as it appears on the registration books of the ____ (issuing agency or registration agent) by paying principal and accrued interest together with a premium equal to ____ percent of the principal. |
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| 677 | 689 | | |
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| 678 | 690 | | This bond is not subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) of the Streets and Highways Code prior to ______, ___. (If applicable). |
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| 679 | 691 | | |
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| 680 | 692 | | I hereby certify that the following is a correct copy of the signed legal opinion of _______ |
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| 681 | 693 | | |
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| 682 | 694 | | City (or County) Clerk |
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| 683 | 695 | | |
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| 684 | 696 | | # City (or County) Clerk |
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| 685 | 697 | | |
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| 686 | 698 | | SEC. 16. Section 25403 of the Streets and Highways Code is amended to read:25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors. |
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| 687 | 699 | | |
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| 688 | 700 | | SEC. 16. Section 25403 of the Streets and Highways Code is amended to read: |
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| 689 | 701 | | |
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| 690 | 702 | | ### SEC. 16. |
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| 691 | 703 | | |
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| 692 | 704 | | 25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors. |
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| 693 | 705 | | |
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| 694 | 706 | | 25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors. |
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| 695 | 707 | | |
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| 696 | 708 | | 25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate):REVENUE BONDJoint Highway District No.______ of the State of California$_______ Bond No. _______ Series________.Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named.This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code.It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof.In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__.(seal) _____ Treasurer of Joint Highway District _____ No. _____ of the State of CaliforniaAttest:Secretary of the Board of Directors. |
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| 697 | 709 | | |
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| 698 | 710 | | |
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| 699 | 711 | | |
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| 700 | 712 | | 25403. Revenue bonds shall be in substantially the following form (filling in blanks as appropriate): |
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| 701 | 713 | | |
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| 702 | 714 | | REVENUE BOND |
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| 703 | 715 | | Joint Highway District No.______ of the State of California |
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| 704 | 716 | | $_______ Bond No. _______ Series________. |
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| 705 | 717 | | |
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| 706 | 718 | | REVENUE BOND |
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| 707 | 719 | | |
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| 708 | 720 | | Joint Highway District No.______ of the State of California |
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| 709 | 721 | | |
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| 710 | 722 | | $_______ Bond No. _______ Series________. |
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| 711 | 723 | | |
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| 712 | 724 | | Under and by virtue of Part 1 of Division 16 of the Streets and Highways Code, the treasurer of Joint Highway District No. ____ of the State of California will pay to the bearer, out of the fund hereinafter designated, at the office of the treasurer of said district, on the ____ day of ____, 20__, the sum of ____ dollars, in lawful money of the United States of America, with interest thereon in like lawful money at the rate of ____ per cent per annum, payable semiannually on the second day of January and the second day of July of each year from the date hereof (except the last installment thereof, which shall be payable at the maturity of this bond), upon presentation and surrender, as they respectively become due, of the proper interest coupons hereto attached, the first of which is for interest from date hereof to the next date of interest payment, and the last for interest to maturity hereof from the last preceding date of interest payment. This bond is issued under and in conformity with the provisions of the above mentioned Part 1 of Division 16 of the Streets and Highways Code, relative to the issuance of revenue bonds and is a primary obligation of the joint highway district above named. |
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| 713 | 725 | | |
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| 714 | 726 | | This bond is payable out of the Joint Highway District No. ____ of the State of California Revenue Bond Fund, in accordance with the provisions of the said Part 1 of Division 16 of the Streets and Highways Code. |
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| 715 | 727 | | |
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| 716 | 728 | | It is hereby certified, recited and declared that all proceedings, acts and things required by law precedent to or in the issuance of this bond have been regularly had, done and performed, and this bond is by law made conclusive evidence thereof. |
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| 717 | 729 | | |
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| 718 | 730 | | In witness whereof the board of directors of said joint highway district has caused this bond to be signed by the treasurer of said district, attested by the secretary of said board, and the official seal of said district to be affixed hereto, this ____ day of ____, 20__. |
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| 719 | 731 | | |
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| 720 | 732 | | (seal) |
|---|
| 721 | 733 | | _____ Treasurer of Joint Highway District _____ No. _____ of the State of California |
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| 722 | 734 | | Attest: |
|---|
| 723 | 735 | | Secretary of the Board of Directors. |
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| 724 | 736 | | |
|---|
| 725 | 737 | | (seal) |
|---|
| 726 | 738 | | |
|---|
| 727 | 739 | | _____ Treasurer of Joint Highway District |
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| 728 | 740 | | |
|---|
| 729 | 741 | | _____ No. _____ of the State of California |
|---|
| 730 | 742 | | |
|---|
| 731 | 743 | | Attest: |
|---|
| 732 | 744 | | |
|---|
| 733 | 745 | | Secretary of the Board of Directors. |
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| 734 | 746 | | |
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| 735 | 747 | | SEC. 17. Section 675.6 of the Vehicle Code is amended to read:675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300. |
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| 736 | 748 | | |
|---|
| 737 | 749 | | SEC. 17. Section 675.6 of the Vehicle Code is amended to read: |
|---|
| 738 | 750 | | |
|---|
| 739 | 751 | | ### SEC. 17. |
|---|
| 740 | 752 | | |
|---|
| 741 | 753 | | 675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300. |
|---|
| 742 | 754 | | |
|---|
| 743 | 755 | | 675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300. |
|---|
| 744 | 756 | | |
|---|
| 745 | 757 | | 675.6. (a) Vehicle verifier does not include any of the following:(1) A peace officer.(2) An authorized employee of the department.(3) An agent of the National Insurance Crime Bureau.(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300. |
|---|
| 746 | 758 | | |
|---|
| 747 | 759 | | |
|---|
| 748 | 760 | | |
|---|
| 749 | 761 | | 675.6. (a) Vehicle verifier does not include any of the following: |
|---|
| 750 | 762 | | |
|---|
| 751 | 763 | | (1) A peace officer. |
|---|
| 752 | 764 | | |
|---|
| 753 | 765 | | (2) An authorized employee of the department. |
|---|
| 754 | 766 | | |
|---|
| 755 | 767 | | (3) An agent of the National Insurance Crime Bureau. |
|---|
| 756 | 768 | | |
|---|
| 757 | 769 | | (4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles. |
|---|
| 758 | 770 | | |
|---|
| 759 | 771 | | (b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300. |
|---|
| 760 | 772 | | |
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| 761 | 773 | | SEC. 18. Section 11607 of the Vehicle Code is amended to read:11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused. |
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| 762 | 774 | | |
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| 763 | 775 | | SEC. 18. Section 11607 of the Vehicle Code is amended to read: |
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| 764 | 776 | | |
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| 765 | 777 | | ### SEC. 18. |
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| 766 | 778 | | |
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| 767 | 779 | | 11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused. |
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| 768 | 780 | | |
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| 769 | 781 | | 11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused. |
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| 770 | 782 | | |
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| 771 | 783 | | 11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused. |
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| 772 | 784 | | |
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| 773 | 785 | | |
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| 774 | 786 | | |
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| 775 | 787 | | 11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicants license has been issued or refused. |
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| 776 | 788 | | |
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| 777 | 789 | | SEC. 19. Section 9250.14 of the Vehicle Code is amended to read:9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program. |
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| 778 | 790 | | |
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| 779 | 791 | | SEC. 19. Section 9250.14 of the Vehicle Code is amended to read: |
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| 780 | 792 | | |
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| 781 | 793 | | ### SEC. 19. |
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| 782 | 794 | | |
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| 783 | 795 | | 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program. |
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| 784 | 796 | | |
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| 785 | 797 | | 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program. |
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| 786 | 798 | | |
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| 787 | 799 | | 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.(2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).(B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).(C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase.(3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).(4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).(B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase.(b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.(c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.(d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.(e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.(f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.(g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following:(1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.(2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.(3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.(4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.(5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.(6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year.(7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.(h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report.(i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.(2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h).(3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.(j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program. |
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| 788 | 800 | | |
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| 789 | 801 | | |
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| 790 | 802 | | |
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| 791 | 803 | | 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. |
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| 792 | 804 | | |
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| 793 | 805 | | (2) (A) If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1). |
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| 794 | 806 | | |
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| 795 | 807 | | (B) If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1). |
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| 796 | 808 | | |
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| 797 | 809 | | (C) A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months prior to the operative date of the fee increase. |
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| 798 | 810 | | |
|---|
| 799 | 811 | | (3) In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2). |
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| 800 | 812 | | |
|---|
| 801 | 813 | | (4) (A) If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1). |
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| 802 | 814 | | |
|---|
| 803 | 815 | | (B) A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted to the department at least six months prior to the operative date of the fee increase. |
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| 804 | 816 | | |
|---|
| 805 | 817 | | (b) Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county. |
|---|
| 806 | 818 | | |
|---|
| 807 | 819 | | (c) Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes. |
|---|
| 808 | 820 | | |
|---|
| 809 | 821 | | (d) The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section. |
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| 810 | 822 | | |
|---|
| 811 | 823 | | (e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section. |
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| 812 | 824 | | |
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| 813 | 825 | | (f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol. |
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| 814 | 826 | | |
|---|
| 815 | 827 | | (g) A county that imposes a fee under subdivision (a) shall issue a fiscal yearend report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following: |
|---|
| 816 | 828 | | |
|---|
| 817 | 829 | | (1) The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year. |
|---|
| 818 | 830 | | |
|---|
| 819 | 831 | | (2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year. |
|---|
| 820 | 832 | | |
|---|
| 821 | 833 | | (3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment. |
|---|
| 822 | 834 | | |
|---|
| 823 | 835 | | (4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section. |
|---|
| 824 | 836 | | |
|---|
| 825 | 837 | | (5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year. |
|---|
| 826 | 838 | | |
|---|
| 827 | 839 | | (6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year. |
|---|
| 828 | 840 | | |
|---|
| 829 | 841 | | (7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year. |
|---|
| 830 | 842 | | |
|---|
| 831 | 843 | | (h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controllers determination that a county has failed to submit the report. |
|---|
| 832 | 844 | | |
|---|
| 833 | 845 | | (i) (1) On or before January 1, 2013, and on or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year. |
|---|
| 834 | 846 | | |
|---|
| 835 | 847 | | (2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h). |
|---|
| 836 | 848 | | |
|---|
| 837 | 849 | | (3) If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended. |
|---|
| 838 | 850 | | |
|---|
| 839 | 851 | | (j) On or before January 1 of each year, the Controller shall prepare and post on the Controllers Internet Web site a revenue and expenditure summary for each participating county that includes all of the following: |
|---|
| 840 | 852 | | |
|---|
| 841 | 853 | | (1) The total revenues received by each county. |
|---|
| 842 | 854 | | |
|---|
| 843 | 855 | | (2) The total expenditures by each county. |
|---|
| 844 | 856 | | |
|---|
| 845 | 857 | | (3) The unexpended revenues for each county. |
|---|
| 846 | 858 | | |
|---|
| 847 | 859 | | (k) For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating countys board of supervisors as the agency in control of its countywide vehicle theft apprehension program. |
|---|
| 848 | 860 | | |
|---|
| 849 | 861 | | SEC. 20. Section 12002 of the Vehicle Code is amended to read:12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall. |
|---|
| 850 | 862 | | |
|---|
| 851 | 863 | | SEC. 20. Section 12002 of the Vehicle Code is amended to read: |
|---|
| 852 | 864 | | |
|---|
| 853 | 865 | | ### SEC. 20. |
|---|
| 854 | 866 | | |
|---|
| 855 | 867 | | 12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall. |
|---|
| 856 | 868 | | |
|---|
| 857 | 869 | | 12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall. |
|---|
| 858 | 870 | | |
|---|
| 859 | 871 | | 12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall. |
|---|
| 860 | 872 | | |
|---|
| 861 | 873 | | |
|---|
| 862 | 874 | | |
|---|
| 863 | 875 | | 12002. No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, is, or has been, determined to be defective and subject to customer notification or recall. |
|---|
| 864 | 876 | | |
|---|
| 865 | 877 | | SEC. 21. Section 12527 of the Vehicle Code is amended to read:12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. |
|---|
| 866 | 878 | | |
|---|
| 867 | 879 | | SEC. 21. Section 12527 of the Vehicle Code is amended to read: |
|---|
| 868 | 880 | | |
|---|
| 869 | 881 | | ### SEC. 21. |
|---|
| 870 | 882 | | |
|---|
| 871 | 883 | | 12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. |
|---|
| 872 | 884 | | |
|---|
| 873 | 885 | | 12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. |
|---|
| 874 | 886 | | |
|---|
| 875 | 887 | | 12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements:(a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances.(b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance.(c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions:(1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date.(2) An applicant for an original driver certificate shall submit an acceptable fingerprint card.(3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist:(A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration.(B) A copy of the medical examination report based upon which the certificate was issued is on file with the department.(4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority.(d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured.Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance.(2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance:(A) The county health officer.(B) The county medical care committee.(C) The local emergency medical services agency coordinator.(3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service.(4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist.(5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.(e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. |
|---|
| 876 | 888 | | |
|---|
| 877 | 889 | | |
|---|
| 878 | 890 | | |
|---|
| 879 | 891 | | 12527. In addition to satisfying all requirements specified in this code and in regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements: |
|---|
| 880 | 892 | | |
|---|
| 881 | 893 | | (a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a drivers license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances. |
|---|
| 882 | 894 | | |
|---|
| 883 | 895 | | (b) Except as provided in subdivision (e), a person shall not operate an ambulance unless the person has in his or her immediate possession a drivers license for the appropriate class of vehicle to be driven and a certificate issued by the department to permit the operation of an ambulance. |
|---|
| 884 | 896 | | |
|---|
| 885 | 897 | | (c) An ambulance driver certificate shall only be issued by the department upon the successful completion of an examination conducted by the department and subject to all of the following conditions: |
|---|
| 886 | 898 | | |
|---|
| 887 | 899 | | (1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date. |
|---|
| 888 | 900 | | |
|---|
| 889 | 901 | | (2) An applicant for an original driver certificate shall submit an acceptable fingerprint card. |
|---|
| 890 | 902 | | |
|---|
| 891 | 903 | | (3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the drivers license. The ambulance driver certificate shall only be valid when both of the following conditions exist: |
|---|
| 892 | 904 | | |
|---|
| 893 | 905 | | (A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department, the Federal Motor Carrier Safety Administration or the Federal Aviation Administration. |
|---|
| 894 | 906 | | |
|---|
| 895 | 907 | | (B) A copy of the medical examination report based upon which the certificate was issued is on file with the department. |
|---|
| 896 | 908 | | |
|---|
| 897 | 909 | | (4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as provided in paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority. |
|---|
| 898 | 910 | | |
|---|
| 899 | 911 | | (d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured. |
|---|
| 900 | 912 | | |
|---|
| 901 | 913 | | Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the drivers ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance. |
|---|
| 902 | 914 | | |
|---|
| 903 | 915 | | (2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance subject to this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance: |
|---|
| 904 | 916 | | |
|---|
| 905 | 917 | | (A) The county health officer. |
|---|
| 906 | 918 | | |
|---|
| 907 | 919 | | (B) The county medical care committee. |
|---|
| 908 | 920 | | |
|---|
| 909 | 921 | | (C) The local emergency medical services agency coordinator. |
|---|
| 910 | 922 | | |
|---|
| 911 | 923 | | (3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service. |
|---|
| 912 | 924 | | |
|---|
| 913 | 925 | | (4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified no longer exist. |
|---|
| 914 | 926 | | |
|---|
| 915 | 927 | | (5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate. |
|---|
| 916 | 928 | | |
|---|
| 917 | 929 | | (e) An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. |
|---|
| 918 | 930 | | |
|---|
| 919 | 931 | | SEC. 22. Section 16028 of the Vehicle Code is amended to read:16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. |
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| 920 | 932 | | |
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| 921 | 933 | | SEC. 22. Section 16028 of the Vehicle Code is amended to read: |
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| 922 | 934 | | |
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| 923 | 935 | | ### SEC. 22. |
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| 924 | 936 | | |
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| 925 | 937 | | 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. |
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| 926 | 938 | | |
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| 927 | 939 | | 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. |
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| 928 | 940 | | |
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| 929 | 941 | | 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.(f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. |
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| 930 | 942 | | |
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| 931 | 943 | | |
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| 932 | 944 | | |
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| 933 | 945 | | 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision. |
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| 934 | 946 | | |
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| 935 | 947 | | (b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and write the drivers evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the drivers evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation. |
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| 936 | 948 | | |
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| 937 | 949 | | (c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer. |
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| 938 | 950 | | |
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| 939 | 951 | | (d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the drivers employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer. |
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| 940 | 952 | | |
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| 941 | 953 | | (2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt. |
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| 942 | 954 | | |
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| 943 | 955 | | (e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed. |
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| 944 | 956 | | |
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| 945 | 957 | | (f) For the purposes of this section, mobile electronic device means a portable computing and communication device that has a display screen with touch input or a miniature keyboard. |
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| 946 | 958 | | |
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| 947 | 959 | | (g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device. |
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| 948 | 960 | | |
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| 949 | 961 | | (h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. |
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| 950 | 962 | | |
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| 951 | 963 | | SEC. 23. Section 24010 of the Vehicle Code is amended to read:24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered. |
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| 952 | 964 | | |
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| 953 | 965 | | SEC. 23. Section 24010 of the Vehicle Code is amended to read: |
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| 954 | 966 | | |
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| 955 | 967 | | ### SEC. 23. |
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| 956 | 968 | | |
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| 957 | 969 | | 24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered. |
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| 958 | 970 | | |
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| 959 | 971 | | 24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered. |
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| 960 | 972 | | |
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| 961 | 973 | | 24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met:(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.(2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions.(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered. |
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| 962 | 974 | | |
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| 963 | 975 | | |
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| 964 | 976 | | |
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| 965 | 977 | | 24010. (a) No person engaged in the rental of any vehicle, for periods of 30 days or less, shall rent, lease or otherwise allow the operation of such vehicle unless all of the following requirements are met: |
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| 966 | 978 | | |
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| 967 | 979 | | (1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use. |
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| 968 | 980 | | |
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| 969 | 981 | | (2) The vehicle conforms to all applicable federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code, and the regulations adopted pursuant to those provisions. |
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| 970 | 982 | | |
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| 971 | 983 | | (3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002. |
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| 972 | 984 | | |
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| 973 | 985 | | (b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department. |
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| 974 | 986 | | |
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| 975 | 987 | | (c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that persons place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered. |
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| 976 | 988 | | |
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| 977 | 989 | | SEC. 24. Section 24015 of the Vehicle Code is amended to read:24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle. |
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| 978 | 990 | | |
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| 979 | 991 | | SEC. 24. Section 24015 of the Vehicle Code is amended to read: |
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| 980 | 992 | | |
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| 981 | 993 | | ### SEC. 24. |
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| 982 | 994 | | |
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| 983 | 995 | | 24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle. |
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| 984 | 996 | | |
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| 985 | 997 | | 24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle. |
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| 986 | 998 | | |
|---|
| 987 | 999 | | 24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle. |
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| 988 | 1000 | | |
|---|
| 989 | 1001 | | |
|---|
| 990 | 1002 | | |
|---|
| 991 | 1003 | | 24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that apply to a motor-driven cycle, as that term is defined in regulations adopted pursuant to those provisions. These standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes. |
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| 992 | 1004 | | |
|---|
| 993 | 1005 | | (b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150. |
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| 994 | 1006 | | |
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| 995 | 1007 | | (c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle. |
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| 996 | 1008 | | |
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| 997 | 1009 | | SEC. 25. Section 26103 of the Vehicle Code is amended to read:26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department. |
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| 998 | 1010 | | |
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| 999 | 1011 | | SEC. 25. Section 26103 of the Vehicle Code is amended to read: |
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| 1000 | 1012 | | |
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| 1001 | 1013 | | ### SEC. 25. |
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| 1002 | 1014 | | |
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| 1003 | 1015 | | 26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department. |
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| 1004 | 1016 | | |
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| 1005 | 1017 | | 26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department. |
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| 1006 | 1018 | | |
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| 1007 | 1019 | | 26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.(b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department. |
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| 1008 | 1020 | | |
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| 1009 | 1021 | | |
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| 1010 | 1022 | | |
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| 1011 | 1023 | | 26103. (a) The department may adopt and enforce regulations establishing standards and specifications for lighting equipment listed in Section 375 and for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements. |
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| 1012 | 1024 | | |
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| 1013 | 1025 | | (b) A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department. |
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| 1014 | 1026 | | |
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| 1015 | 1027 | | SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1016 | 1028 | | |
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| 1017 | 1029 | | SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1018 | 1030 | | |
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| 1019 | 1031 | | SEC. 26. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1020 | 1032 | | |
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| 1021 | 1033 | | ### SEC. 26. |
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| 1022 | 1034 | | |
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| 1023 | 1035 | | SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 1024 | 1036 | | |
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| 1025 | 1037 | | SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 1026 | 1038 | | |
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| 1027 | 1039 | | SEC. 27. Any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. |
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| 1028 | 1040 | | |
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| 1029 | 1041 | | ### SEC. 27. |
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