California 2015-2016 Regular Session Status: Enacted

SB 838 — Transportation.

Last action — Chaptered by Secretary of State. Chapter 339, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2016. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes the California Infrastructure and Economic Development Bank to sell specified portions of compact assets, defined as moneys required to be paid to the state under specified provisions of designated tribal compacts and the state's rights to receive those payments, to a special purpose trust, which may issue bonds that are secured against those assets. The net proceeds of the sale of the compact assets are required to be deposited into certain transportation funds in a specified order. Existing law requires that when the amounts described in those provisions have been paid to the transportation funds named, the revenues received by the state from the tribal compacts are required to be remitted to the California Gambling Control Commission for deposit in the General Fund. This bill would instead provide that after the amounts described have been fully paid to the transportation funds named, or in any year during which any portion of these amounts are repaid from the General Fund pursuant to specified provisions of the California Constitution in an amount greater than or equal to the amount of tribal gaming revenues remitted pursuant to the amended tribal compacts in that year, the revenues received by the state from the compact would be required to be remitted to the California Gambling Control Commission for deposit in the General Fund. Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter, as specified. This bill would require the Department of Motor Vehicles to pilot and evaluate a process to register voters pursuant to the program to assist persons who do not fully complete the voter registration process. The bill would require the department to report on October 15, 2016, to the Joint Legislative Budget Committee, on the outcome of the pilot, other process changes proposed to ensure the full completion of voter registration, and an evaluation of options for ensuring persons have the opportunity to fully complete the voter registration process, including adding information technology equipment or fully automating forms. The bill would also require the department to notify the Joint Legislative Budget Committee by September 1, 2016, if it is unable to implement the pilot process change for any reason. The bill would additionally appropriate the sum of $3,888,000 from the General Fund to the Department of Motor Vehicles to implement the California New Motor Voter Program. Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. A portion of those revenues are restricted by Article XIXA of the California Constitution. Existing law continuously appropriates those revenues to the Controller for allocation to local transportation agencies for public transportation purposes, pursuant to a program commonly known as the State Transit Assistance program. Existing law requires those funds to be allocated by formulas based 50% on population and 50% on transit operator revenues. Existing law requires the transit operator-based funds to be allocated to each local transportation agency based on the ratio of the total revenue of all the operators and the member agencies of the Altamont Commuter Express Authority and the Southern California Regional Rail Authority in the area under their respective jurisdictions during the prior fiscal year to the total revenue of all the operators in the state and the member agencies of the Altamont Commuter Express Authority and the member agencies of the Southern California Regional Rail Authority during the prior fiscal year. This bill would require the Controller to calculate and publish the allocation of transit operator-based funds made pursuant to the State Transit Assistance program for the 3rd and 4th quarters of the 2015–16 fiscal year and for all 4 quarters of the 2016–17 and 2017–18 fiscal years based on the same list of operators and the same individual operator ratios published by the Controller in a specified transmittal memo for the 4th quarter for the 2014–15 fiscal year. The bill would authorize each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board to apply the ratios calculated for the 3rd quarter of the 2015–16 fiscal year to any undistributed funds remaining from the first and 2nd quarters of the 2015–16 fiscal year. Existing law requires the Department of Motor Vehicles to charge a registration fee of $43 on every vehicle or trailer coach, as specified, registered on or after July 1, 2011. Existing law authorizes the department to adjust specified fees every January 1 by increasing the fee by an amount equal to the increase in the California Consumer Price Index for the prior year. This bill would provide that the $43 fee applies to registrations until April 1, 2017. The bill would require the department to charge a registration fee of $53 on every vehicle or trailer coach, as specified, that is registered on or after April 1, 2017. The bill would apply the annual fee increase provisions described above to the $53 registration fee. The bill would delete obsolete language pertaining to registration fees and make other conforming and technical, nonsubstantive changes. Existing law authorizes the Department of Motor Vehicles to issue and renew driver's licenses and identification cards, including senior citizen identification cards. Existing law requires senior citizen identification cards to expire on the 10th birthday of the applicant for the card following the date of application. The existing federal Real ID Act requires specified security requirements to be met in order for a state's driver's licenses and identification cards to be accepted for certain official purposes. This bill would, on and after January 1, 2018, prohibit the department from issuing a driver's license or identification card that is in compliance with the requirements of the Real ID Act to a person who possesses a driver's license or identification card in compliance with the Real ID Act. The bill would authorize the department to cancel a driver's license or identification card for the purpose of ensuring that a person does not have both a driver's license and identification card. The bill would additionally, on and after January 1, 2018, require a senior citizen identification card to expire on the 8th birthday of the applicant for the card following the date of application. Existing federal law, until September 30, 2019, authorizes a state to allow specified labeled low-emission and energy-efficient vehicles to use lanes designated for high-occupancy vehicles (HOVs) . Existing federal law, until September 30, 2025, grants similar authority with respect to alternative fuel and electric vehicles. Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs, which lanes may also be used, until January 1, 2019, the expiration of a designated federal authorization relating to HOV facilities, or until the Secretary of State receives a specified notice, by certain low-emission, hybrid, or alternative fuel vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV) . Existing law authorizes the DMV to issue no more than 85,000 of those identifiers. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime. This bill would delete the maximum number of identifiers that the DMV is authorized to issue. The bill would extend the operation of the above provisions for super ultra-low emission vehicles and ultra-low emission vehicles, as defined, to January 1, 2019. However, with respect to vehicles that meet the state's enhanced advanced technology partial zero-emission vehicle standard or transitional zero-emission vehicle standard, the provisions would be operative only until the earlier of January 1, 2019, the date of the federal authorization, or the receipt date of the notice by the Secretary of State. The bill would require the Department of Transportation to prepare and submit a report to the Legislature by December 1, 2017, on the degradation status of high-occupancy vehicle lanes on the state highway system. By potentially extending a crime that otherwise may be repealed, the bill would impose a state-mandated local program. Existing federal law requires a motor carrier, as defined, to file an application form with the Federal Motor Carrier Safety Administration to obtain a United States Department of Transportation number before beginning operations and every 24 months, as specified. Existing law requires, except as specified, a motor carrier, motor carrier of property, and for-hire motor carrier of property to obtain a carrier identification number from the Department of the California Highway Patrol and requires the carrier identification number to be displayed on both sides of each vehicle or on both sides of at least one motor vehicle in each combination of specified vehicles. A violation of the Vehicle Code is punishable as an infraction. This bill would authorize the Department of the California Highway Patrol to furnish the application form for a carrier identification number on its Internet Web site and require electronic submission of the form. The bill would also require a motor carrier required to obtain a carrier identification number to first obtain a United States Department of Transportation number before submitting an application for a carrier identification number. The bill would require a motor carrier required to obtain a carrier identification number to ensure information on its application form is updated, as specified, and is true and accurate. Because a violation of the Vehicle Code is punishable as an infraction, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 339, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Assembly amendments concurred in. (Ayes 25. Noes 13. Page 5238.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 28. Page 5389.) Ordered to the Senate.

  7. Assembly Rule 63 suspended. (Ayes 50. Noes 25. Page 5358.)

  8. Ordered to third reading.

  9. Withdrawn from committee.

  10. Assembly Rule 96 suspended. (Ayes 50. Noes 25. Page 5358.)

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  13. Referred to Com. on BUDGET.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 25. Noes 11. Page 3540.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Withdrawn from committee.

  19. Referred to Com. on B. & F.R.

  20. From printer. May be acted upon on or after February 7.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 25 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231201
Democratic 2100
Total 251301
% of votes cast 64%33%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hertzberg — Yea
Huff — Nay
Leno — Yea
Monning — Yea
Pavley — Yea
Roth — Not Voting
Wolk — Yea
Cannella — Nay
Glazer — Yea
Hancock — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Bates — Nay
Beall — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Galgiani — Yea
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Passed 49 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 452302
Democratic 4001
Republican 0500
Total 492803
% of votes cast 61%35%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Not Voting
Brown — Yea
Holden — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Olsen — Nay
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Eggman — Yea
Chávez — Nay
Daly — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Campos — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Gray — Yea
McCarty — Yea
Medina — Yea
Lopez — Yea
Nazarian — Yea
O'Donnell — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Ridley-Thomas — Yea
Atkins — Yea
Salas — Nay
Chang — Nay
Harper — Nay
Chau — Yea
Kim — Nay
Bigelow — Nay
Chu — Yea
Linder — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Williams — Yea
Frazier — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 1101
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Huff — Not Voting
Liu — Yea
Mendoza — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Not Voting
Runner — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wolk — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Not Voting
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 838 do?
Existing law authorizes the California Infrastructure and Economic Development Bank to sell specified portions of compact assets, defined as moneys required to be paid to the state under specified provisions of designated tribal compacts and the state's rights to receive those payments, to a special purpose trust, which may issue bonds that are secured against those assets. The net proceeds of the sale of the compact assets are required to be deposited into certain transportation funds in a specified order. Existing law requires that when the amounts described in those provisions have been paid to the transportation funds named, the revenues received by the state from the tribal compacts are required to be remitted to the California Gambling Control Commission for deposit in the General Fund. This bill would instead provide that after the amounts described have been fully paid to the transportation funds named, or in any year during which any portion of these amounts are repaid from the General Fund pursuant to specified provisions of the California Constitution in an amount greater than or equal to the amount of tribal gaming revenues remitted pursuant to the amended tribal compacts in that year, the revenues received by the state from the compact would be required to be remitted to the California Gambling Control Commission for deposit in the General Fund. Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter, as specified. This bill would require the Department of Motor Vehicles to pilot and evaluate a process to register voters pursuant to the program to assist persons who do not fully complete the voter registration process. The bill would require the department to report on October 15, 2016, to the Joint Legislative Budget Committee, on the outcome of the pilot, other process changes proposed to ensure the full completion of voter registration, and an evaluation of options for ensuring persons have the opportunity to fully complete the voter registration process, including adding information technology equipment or fully automating forms. The bill would also require the department to notify the Joint Legislative Budget Committee by September 1, 2016, if it is unable to implement the pilot process change for any reason. The bill would additionally appropriate the sum of $3,888,000 from the General Fund to the Department of Motor Vehicles to implement the California New Motor Voter Program. Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. A portion of those revenues are restricted by Article XIXA of the California Constitution. Existing law continuously appropriates those revenues to the Controller for allocation to local transportation agencies for public transportation purposes, pursuant to a program commonly known as the State Transit Assistance program. Existing law requires those funds to be allocated by formulas based 50% on population and 50% on transit operator revenues. Existing law requires the transit operator-based funds to be allocated to each local transportation agency based on the ratio of the total revenue of all the operators and the member agencies of the Altamont Commuter Express Authority and the Southern California Regional Rail Authority in the area under their respective jurisdictions during the prior fiscal year to the total revenue of all the operators in the state and the member agencies of the Altamont Commuter Express Authority and the member agencies of the Southern California Regional Rail Authority during the prior fiscal year. This bill would require the Controller to calculate and publish the allocation of transit operator-based funds made pursuant to the State Transit Assistance program for the 3rd and 4th quarters of the 2015–16 fiscal year and for all 4 quarters of the 2016–17 and 2017–18 fiscal years based on the same list of operators and the same individual operator ratios published by the Controller in a specified transmittal memo for the 4th quarter for the 2014–15 fiscal year. The bill would authorize each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board to apply the ratios calculated for the 3rd quarter of the 2015–16 fiscal year to any undistributed funds remaining from the first and 2nd quarters of the 2015–16 fiscal year. Existing law requires the Department of Motor Vehicles to charge a registration fee of $43 on every vehicle or trailer coach, as specified, registered on or after July 1, 2011. Existing law authorizes the department to adjust specified fees every January 1 by increasing the fee by an amount equal to the increase in the California Consumer Price Index for the prior year. This bill would provide that the $43 fee applies to registrations until April 1, 2017. The bill would require the department to charge a registration fee of $53 on every vehicle or trailer coach, as specified, that is registered on or after April 1, 2017. The bill would apply the annual fee increase provisions described above to the $53 registration fee. The bill would delete obsolete language pertaining to registration fees and make other conforming and technical, nonsubstantive changes. Existing law authorizes the Department of Motor Vehicles to issue and renew driver's licenses and identification cards, including senior citizen identification cards. Existing law requires senior citizen identification cards to expire on the 10th birthday of the applicant for the card following the date of application. The existing federal Real ID Act requires specified security requirements to be met in order for a state's driver's licenses and identification cards to be accepted for certain official purposes. This bill would, on and after January 1, 2018, prohibit the department from issuing a driver's license or identification card that is in compliance with the requirements of the Real ID Act to a person who possesses a driver's license or identification card in compliance with the Real ID Act. The bill would authorize the department to cancel a driver's license or identification card for the purpose of ensuring that a person does not have both a driver's license and identification card. The bill would additionally, on and after January 1, 2018, require a senior citizen identification card to expire on the 8th birthday of the applicant for the card following the date of application. Existing federal law, until September 30, 2019, authorizes a state to allow specified labeled low-emission and energy-efficient vehicles to use lanes designated for high-occupancy vehicles (HOVs) . Existing federal law, until September 30, 2025, grants similar authority with respect to alternative fuel and electric vehicles. Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs, which lanes may also be used, until January 1, 2019, the expiration of a designated federal authorization relating to HOV facilities, or until the Secretary of State receives a specified notice, by certain low-emission, hybrid, or alternative fuel vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV) . Existing law authorizes the DMV to issue no more than 85,000 of those identifiers. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime. This bill would delete the maximum number of identifiers that the DMV is authorized to issue. The bill would extend the operation of the above provisions for super ultra-low emission vehicles and ultra-low emission vehicles, as defined, to January 1, 2019. However, with respect to vehicles that meet the state's enhanced advanced technology partial zero-emission vehicle standard or transitional zero-emission vehicle standard, the provisions would be operative only until the earlier of January 1, 2019, the date of the federal authorization, or the receipt date of the notice by the Secretary of State. The bill would require the Department of Transportation to prepare and submit a report to the Legislature by December 1, 2017, on the degradation status of high-occupancy vehicle lanes on the state highway system. By potentially extending a crime that otherwise may be repealed, the bill would impose a state-mandated local program. Existing federal law requires a motor carrier, as defined, to file an application form with the Federal Motor Carrier Safety Administration to obtain a United States Department of Transportation number before beginning operations and every 24 months, as specified. Existing law requires, except as specified, a motor carrier, motor carrier of property, and for-hire motor carrier of property to obtain a carrier identification number from the Department of the California Highway Patrol and requires the carrier identification number to be displayed on both sides of each vehicle or on both sides of at least one motor vehicle in each combination of specified vehicles. A violation of the Vehicle Code is punishable as an infraction. This bill would authorize the Department of the California Highway Patrol to furnish the application form for a carrier identification number on its Internet Web site and require electronic submission of the form. The bill would also require a motor carrier required to obtain a carrier identification number to first obtain a United States Department of Transportation number before submitting an application for a carrier identification number. The bill would require a motor carrier required to obtain a carrier identification number to ensure information on its application form is updated, as specified, and is true and accurate. Because a violation of the Vehicle Code is punishable as an infraction, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 838?
SB 838 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 838?
This bill has been enacted into law. Introduced January 07, 2016. Enacted.
Where can I track SB 838?
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