AB 984: Vehicle identification and registration: alternative devices.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-29
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would require the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program, reporting requirements, and to determine standards necessary for the safe use of alternative products, and would extend the existing authorization for a pilot program described above until the effective date of those regulations. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an alternative device from being equipped with GPS or other vehicle location tracking capability, but would allow tracking technology to be installed on alternative devices used by specified vehicles, including fleet and commercial vehicles. The bill would generally prohibit an employer from using an alternative device equipped with tracking technology to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements and authorize the issuance of citations, as prescribed. The bill would also prohibit retaliation against an employee by an employer or a person acting on the employers behalf for disabling an alternative devices monitoring capabilities outside of work hours, and would authorize an employee to file a complaint with the Labor Commissioner for a violation of that prohibition.
The bill would require the Department of Motor Vehicles to, by no later than January 1, 2024, recall any alternative devices equipped with GPS or other tracking technology that have been issued, pursuant to the existing pilot program, to vehicles other than those specified vehicles, including fleet and commercial vehicles, for which GPS or other tracking technology is authorized.
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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would require the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program, reporting requirements, and to determine standards necessary for the safe use of alternative products, and would extend the existing authorization for a pilot program described above until the effective date of those regulations. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an alternative device from being equipped with GPS or other vehicle location tracking capability, but would allow tracking technology to be installed on alternative devices used by specified vehicles, including fleet and commercial vehicles. The bill would generally prohibit an employer from using an alternative device equipped with tracking technology to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements and authorize the issuance of citations, as prescribed. The bill would also prohibit retaliation against an employee by an employer or a person acting on the employers behalf for disabling an alternative devices monitoring capabilities outside of work hours, and would authorize an employee to file a complaint with the Labor Commissioner for a violation of that prohibition.
The bill would require the Department of Motor Vehicles to, by no later than January 1, 2024, recall any alternative devices equipped with GPS or other tracking technology that have been issued, pursuant to the existing pilot program, to vehicles other than those specified vehicles, including fleet and commercial vehicles, for which GPS or other tracking technology is authorized.
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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize require the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program, reporting requirements, and to determine standards necessary for the safe use of alternative products. products, and would extend the existing authorization for a pilot program described above until the effective date of those regulations. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an alternative device from being equipped with GPS or other vehicle location tracking capability, but would allow tracking technology to be installed on alternative devices used by specified vehicles, including fleet and commercial vehicles. The bill would generally prohibit an employer from using an alternative device equipped with tracking technology to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements and authorize the issuance of citations, as prescribed. The bill would also prohibit retaliation against an employee by an employer or a person acting on the employers behalf for disabling an alternative devices monitoring capabilities outside of work hours, and would authorize an employee to file a complaint with the Labor Commissioner for a violation of that prohibition.
The bill would require the Department of Motor Vehicles to, by no later than January 1, 2024, recall any alternative devices equipped with GPS or other tracking technology that have been issued, pursuant to the existing pilot program, to vehicles other than those specified vehicles, including fleet and commercial vehicles, for which GPS or other tracking technology is authorized.
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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program, reporting requirements, and to determine standards necessary for the safe use of alternative products. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an employer from using an alternative device to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements and authorize the issuance of citations, as prescribed. The bill would also prohibit retaliation against an employee by an employer or a person acting on the employers behalf for disabling an alternative devices monitoring capabilities outside of work hours, and would authorize an employee to file a complaint with the Labor Commissioner for a violation of that prohibition.
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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program, reporting requirements, and to determine standards necessary for the safe use of alternative products. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an employer from using an alternative device to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements, requirements and authorize the issuance of citations, as prescribed. The bill would also prohibit retaliation against an employee by an employer or a person acting on the employers behalf for disabling an alternative devices monitoring capabilities outside of work hours, and would authorize an employee to file a complaint with the Labor Commissioner for a violation of that prohibition.
Existing law defines a theft deterrent device for purposes of the Automobile Sales Finance Act as a vehicle alarm system, window etch product, body part marking product, steering lock, pedal or ignition lock, or fuel or ignition kill switch installed after the motor vehicle is sold. This bill would specify that a theft deterrent device for these purposes does not include an alternative device intended to serve in lieu of a license plate authorized by this bill.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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards. Under existing law, a person who alters, forges, counterfeits, or falsifies, among other things, a device issued pursuant to the pilot program, is guilty of a felony.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program. program, reporting requirements, and to determine standards necessary for the safe use of alternative products. The bill would make alteration, forgery, counterfeit, or falsification of a device issued pursuant to these provisions a felony. By creating a new crime, this bill would impose a state-mandated local program.
The bill would generally prohibit an employer from using an alternative device to monitor employees, except the bill would allow an employer to use an alternative device to locate, track, watch, listen to, or otherwise surveil an employee during work hours if strictly necessary for the performance of the employees duties. The bill would require the employer to first notify the employee that monitoring will occur, as specified, and would allow an employee to disable the alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. The bill would impose civil penalties for a violation of these requirements, as prescribed.
Existing law defines a theft deterrent device for purposes of the Automobile Sales Finance Act as a vehicle alarm system, window etch product, body part marking product, steering lock, pedal or ignition lock, or fuel or ignition kill switch installed after the motor vehicle is sold.
This bill would specify that a theft deterrent device for these purposes does not include an alternative device intended to serve in lieu of a license plate authorized by this bill.
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.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
Existing law defines a theft deterrent device for purposes of the Automobile Sales Finance Act as a vehicle alarm system, window etch product, body part marking product, steering lock, pedal or ignition lock, or fuel or ignition kill switch installed after the motor vehicle is sold.
This bill would specify that a theft deterrent device for these purposes does not include an alternative device intended to serve in lieu of a license plate authorized by this bill.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require the provider of the device to build into the device a process for frequent notification if the device becomes defective and would require the provider to seek to replace defective devices as soon as possible. The bill would require an entity seeking approval to issue alternative devices or electronic vehicle registration cards to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
Existing law defines a theft deterrent device for purposes of the Automobile Sales Finance Act as a vehicle alarm system, window etch product, body part marking product, steering lock, pedal or ignition lock, or fuel or ignition kill switch installed after the motor vehicle is sold.
This bill would specify that a theft deterrent device for these purposes does not include an alternative device intended to serve in lieu of a license plate authorized by this bill.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would make this authorization applicable to environmental license plates and specialized license plates displayed on an alternative device, as specified. The bill would prohibit the failure or malfunction of an alternative device from being the basis of a government action relating to the user, including stopping or detaining the user. allow the failure or malfunction of an alternative device to be deemed a correctable violation, as specified. The bill would require an entity seeking approval to issue alternative devices to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
Existing law defines a theft deterrent device for purposes of the Automobile Sales Finance Act as a vehicle alarm system, window etch product, body part marking product, steering lock, pedal or ignition lock, or fuel or ignition kill switch installed after the motor vehicle is sold.
This bill would specify that a theft deterrent device for these purposes does not include an alternative device intended to serve in lieu of a license plate authorized by this bill.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would prohibit the failure or malfunction of an alternative device from being the basis of a government action relating to the user, including stopping or detaining the user. The bill would require an entity seeking approval to issue alternative devices to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would require an entity seeking approval to issue alternative devices to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law authorizes the department to conduct a pilot program, until January 1, 2023, if certain conditions are met, to evaluate the use of alternatives to stickers, tabs, license plates, and registration cards.
This bill would authorize the use of alternative devices intended to serve in lieu of license plates authorized by the department pursuant to the pilot program, as specified. The bill would require the department to establish a program authorizing an entity to issue alternatives to stickers, tabs, license plates, and registration cards under specified conditions that include, among others, approval of the alternative devices by the Department of the California Highway Patrol. The bill would require an entity seeking approval to issue alternative devices to submit a business plan to the Department of Motor Vehicles, as specified. The bill would authorize the department to adopt regulations to carry out the program, including establishing reasonable fees to reimburse the department for the costs of implementing the program.
(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 2.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)Subdivisions (b) to (d), inclusive, shall become inoperative on the effective date of any regulations adopted pursuant to subdivision (b) of Section 4854.
SEC. 3.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)(A)Except as specifically authorized in subparagraph (B), an alternate device shall not include vehicle location technology. The department shall, by no later than January 1, 2024, in a manner determined by the department, recall any devices with vehicle location technology that have been issued pursuant to Section 4853, to vehicles other than those described in subparagraph (B). The department may adopt regulations to carry out this requirement.
(B)Vehicle location technology may be offered for vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles, as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100).
(C)The vehicle location technology, if any, shall be capable of being disabled by the user.
(D)The vehicle location technology, if any, may be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.
(3)If the device is equipped with vehicle location technology, an alternative device shall display a visual indication that vehicle location technology is in active use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols pursuant to Section 1 of Article I of the California Constitutions right to privacy and other applicable privacy laws.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(M)Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N)Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and shall conduct hearings with the opportunity for public comment on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D)Display only information and images approved by the department or deemed necessary by the department.
(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(F)Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d)The provider of the device, if the device has digital capabilities, shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees except during work hours, and only if strictly necessary for the performance of the employees duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee for removing or disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3)An employer or a person acting on behalf of the employer shall provide an employee with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform any employment-related decisions, including, but not limited to, disciplinary and termination decisions, and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees right to disable monitoring, including vehicle location technology, outside of work hours.
(4)(A)An employer who violates this subdivision shall be subject to a civil penalty of two hundred fifty dollars ($250) for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation.
(B)For purposes of determining the penalty described in subparagraph (A), the penalty shall be assessed per employee, per violation, and per day that monitoring without proper notice is conducted.
(C)The Labor Commissioner shall enforce this section using the procedures set forth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issuing and contesting citations, and enforcing judgments for civil penalties, that are issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(D)An employer, and any third-party vendor that contracts with an employer to provide GPS tracking of vehicles through an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Enforcement requires to carry out this section.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 2.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)Subdivisions (b) to (d), inclusive, shall become inoperative on the effective date of any regulations adopted pursuant to subdivision (b) of Section 4854.
SEC. 3.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)(A)Except as specifically authorized in subparagraph (B), an alternate device shall not include vehicle location technology. The department shall, by no later than January 1, 2024, in a manner determined by the department, recall any devices with vehicle location technology that have been issued pursuant to Section 4853, to vehicles other than those described in subparagraph (B). The department may adopt regulations to carry out this requirement.
(B)Vehicle location technology may be offered for vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles, as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100).
(C)The vehicle location technology, if any, shall be capable of being disabled by the user.
(D)The vehicle location technology, if any, may be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.
(3)If the device is equipped with vehicle location technology, an alternative device shall display a visual indication that vehicle location technology is in active use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols pursuant to Section 1 of Article I of the California Constitutions right to privacy and other applicable privacy laws.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(M)Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N)Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and shall conduct hearings with the opportunity for public comment on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D)Display only information and images approved by the department or deemed necessary by the department.
(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(F)Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d)The provider of the device, if the device has digital capabilities, shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees except during work hours, and only if strictly necessary for the performance of the employees duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee for removing or disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3)An employer or a person acting on behalf of the employer shall provide an employee with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform any employment-related decisions, including, but not limited to, disciplinary and termination decisions, and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees right to disable monitoring, including vehicle location technology, outside of work hours.
(4)(A)An employer who violates this subdivision shall be subject to a civil penalty of two hundred fifty dollars ($250) for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation.
(B)For purposes of determining the penalty described in subparagraph (A), the penalty shall be assessed per employee, per violation, and per day that monitoring without proper notice is conducted.
(C)The Labor Commissioner shall enforce this section using the procedures set forth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issuing and contesting citations, and enforcing judgments for civil penalties, that are issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(D)An employer, and any third-party vendor that contracts with an employer to provide GPS tracking of vehicles through an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Enforcement requires to carry out this section.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 2.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements, if applicable: requirements:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)If the department conducts a pilot program authorized in subdivision (b), the department shall, no later than July 1, 2020, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all of the following:(1)An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the departments current use of stickers, tabs, license plates, and registration cards.(2)A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, or use of a vehicle, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.(3)Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program.(f)This section(e)Subdivisions (b) to (d), inclusive, shall become inoperative on the effective date of a regulation promulgated any regulations adopted pursuant to subdivision (b) of Section 4854, and on the following January 1 is repealed. 4854.
SEC. 3.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)(A)The Except as specifically authorized in subparagraph (B), an alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. The department shall, by no later than January 1, 2024, in a manner determined by the department, recall any devices with vehicle location technology that have been issued pursuant to Section 4853, to vehicles other than those described in subparagraph (B). The department may adopt regulations to carry out this requirement. Vehicle
(B)Vehicle location technology is an additional service and may be offered at a higher price. for vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles, as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100).
(B)(C)The vehicle location technology, if any, shall be capable of being disabled by the user.
(C)(i)The vehicle location technology in a passenger vehicle, as defined in Section 465, being used solely for personal use shall be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.(ii)(D)The vehicle location technology in vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles, as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100), technology, if any, may be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.
(3)If the device is equipped with vehicle location technology, an alternative device shall display a visual indication that vehicle location technology is in active use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols pursuant to Section 1 of Article I of the California Constitutions right to privacy and other applicable privacy laws.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(M)Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N)Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(O)Requirements to ensure a driver of a passenger vehicle, as defined in Section 465, being used solely for personal use that is equipped with an alternative device with GPS capability and usage can manually deactivate the function while in the vehicle without the need of a mobile device. This requirement does not apply to vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100).(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and shall conduct hearings with the opportunity for public comment on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D)Display only information and images approved by the department or deemed necessary by the department.
(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(F)Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d)The provider of the device, if the device has digital capabilities, shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees except during work hours, and only if strictly necessary for the performance of the employees or duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee or employee.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee or for removing or disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3)An employer or a person acting on behalf of the employer shall provide an employee with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform an any employment-related decision decisions, including, but not limited to, disciplinary and termination decisions, and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees right to disable monitoring, including vehicle location technology, outside of work hours.
(4)(A)An employer who violates this subdivision shall be subject to a civil penalty of two hundred fifty dollars ($250) per employee per violation for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation.
(B)For purposes of determining the penalty described in subparagraph (A), the penalty shall be assessed per employee, per violation, and per day that monitoring without proper notice is conducted.
(B)(C)The Labor Commissioner shall enforce this section using the procedures set fourth forth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issued issuing and contesting citations, and enforcing judgments for civil penalties, that are issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(C)(D)An employer, and any third party third-party vendor that contracts with an employer to provide GPS tracking of vehicles through an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Endorsements Enforcement requires to carry out this section.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 2.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements: requirements, if applicable:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)If the department conducts a pilot program authorized in subdivision (b), the department shall, no later than July 1, 2020, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all of the following:
(1)An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the departments current use of stickers, tabs, license plates, and registration cards.
(2)A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, or use of a vehicle, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.
(3)Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program.
(f)This section shall become inoperative the earlier of January 1, 2024, or on the effective date of a regulation promulgated pursuant to Section 4854, and as of July 1, 2024, on the following January 1 is repealed.
SEC. 3.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)(A)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(B)The vehicle location technology, if any, shall be capable of being disabled by the user.
(C)(i)The vehicle location technology in a passenger vehicle, as defined in Section 465, being used solely for personal use shall be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.
(ii)The vehicle location technology in vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles, as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100), may be capable of being manually disabled by a driver of the vehicle while that driver is in the vehicle.
(3)An If the device is equipped with vehicle location technology, an alternative device shall display a visual indication that vehicle location technology is in active use if the device is equipped with vehicle location technology. use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols. protocols pursuant to Section 1 of Article I of the California Constitutions right to privacy and other applicable privacy laws.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(M)Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N)Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(O)Requirements to ensure a driver of a passenger vehicle, as defined in Section 465, being used solely for personal use that is equipped with an alternative device with GPS capability and usage can manually deactivate the function while in the vehicle without the need of a mobile device. This requirement does not apply to vehicles registered as fleet vehicles, pursuant to Article 9.5 (commencing with Section 5301), commercial vehicles as defined in Section 260, and those operating under an occupational license, pursuant to Division 5 (commencing with Section 11100).
(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and shall conduct hearings with the opportunity for public comment on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D)Display only information and images approved by the department or deemed necessary by the department.
(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(F)Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d)The provider of the device device, if the device has digital capabilities, shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees except during work hours, and only if strictly necessary for the performance of the employees or duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee or employee.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee or for disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3)An employer or a person acting on behalf of the employer shall provide an employee with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform an employment-related decision and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees right to disable monitoring, including vehicle location technology, outside of work hours.
(4)(A)An employer who violates this subdivision shall be subject to a civil penalty of two hundred fifty dollars ($250) per employee per violation for an initial violation and one housand thousand dollars ($1,000) per employee for each subsequent violation.
(B)The Labor Commissioner shall enforce this section using the procedures set fourth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(C)An employer, and any third party vendor contracts with an employer to provide GPS tracking of vehicles through an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Endorsements requires to carry out this section.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 3.SEC. 2.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)If the department conducts a pilot program authorized in subdivision (b), the department shall, no later than July 1, 2020, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all of the following:
(1)An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the departments current use of stickers, tabs, license plates, and registration cards.
(2)A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, or use of a vehicle, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.
(3)Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program.
(f)This section shall become inoperative the earlier of January 1, 2024, or the effective date of a regulation promulgated pursuant to Section 4854, and as of July 1, 2024, is repealed.
SEC. 4.SEC. 3.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)(A)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(B)The vehicle location technology, if any, shall be capable of being disabled by the user.
(3)An alternative device shall display a visual indication that vehicle location technology is in active use if the device is equipped with vehicle location technology.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device, unless state or federal law expressly authorizes a transportation agency to share the information with the department. device.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(M)Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N)Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and conduct hearings on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D)Display only information and images approved by the department or deemed necessary by the department.
(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(F)Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d)The provider of the device shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees or independent contractors except during work hours, and only if strictly necessary for the performance of the employees or independent contractors duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee or independent contractor. employee.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee or independent contractor for disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3)An employer or a person acting on behalf of the employer shall provide an employee or independent contractor with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform an employment-related decision and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees or independent contractors right to disable monitoring, including vehicle location technology, outside of work hours.
(4)(A)An employer who violates this subdivision shall be subject to a civil penalty of not less than two thousand dollars ($2,000) or more than five thousand dollars ($5,000) for a first violation, and not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000) for each subsequent violation. two hundred fifty dollars ($250) per employee per violation for an initial violation and one housand dollars ($1,000) per employee for each subsequent violation.
(B)The Labor Commissioner shall enforce this section using the procedures set fourth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(C)An employer, and any third party vendor contracts with an employer to provide GPS tracking of vehicles through an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Endorsements requires to carry out this section.
(5)The Labor Commissioner and the Attorney General shall have the exclusive authority to enforce this subdivision. SEC. 5.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
As used in this chapter, unless the context otherwise requires:
(a)Conditional sale contract means:
(1)A contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either of the following:
(A)The title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition.
(B)A lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition.
(2)A contract for the bailment of a motor vehicle between a buyer and a seller, with or without accessories, by which the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the vehicle and its accessories, if any, at the time the contract is executed, and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full compliance with the terms of the contract.
(b)Seller means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts.
(c)Buyer means the person who buys or hires a motor vehicle under a conditional sale contract.
(d)Person includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(e)Cash price means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the sellers place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in.
(f)Downpayment means a payment that the buyer pays or agrees to pay to the seller in cash or property value or moneys worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. The term shall also include the amount of any portion of the downpayment the payment of which is deferred until not later than the due date of the second otherwise scheduled payment, if the amount of the deferred downpayment is not subject to a finance charge. The term does not include any administrative finance charge charged, received received, or collected by the seller as provided in this chapter.
(g)Amount financed means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982.
(h)Unpaid balance means the difference between subdivision (e) and subdivision (f), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:
(1)To a public officer in connection with the transaction.
(2)For license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.
(i)Finance charge has the meaning set forth for that term in Section 226.4 of Regulation Z. The term shall not include delinquency charges or collection costs and fees as provided by subdivision (k) of Section 2982, extension or deferral agreement charges as provided by Section 2982.3, or amounts for insurance, repairs to or preservation of the motor vehicle, or preservation of the security interest therein advanced by the holder under the terms of the contract.
(j)Total of payments means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment that is deferred until not later than the second otherwise scheduled payment and that is not subject to a finance charge. The term shall not include amounts for which the buyer may later become obligated under the terms of the contract in connection with insurance, repairs to or preservation of the motor vehicle, preservation of the security interest therein, or otherwise.
(k)Motor vehicle means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code that is sold on or after July 1, 1981. Motor vehicle does not include any trailer that is sold in conjunction with a vessel and that comes within the definition of goods under Section 1802.1.
(l)Purchase order means a sales order, car reservation, statement of transaction or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. The purchase order shall conform to the disclosure requirements of subdivision (a) of Section 2982 and Section 2984.1, and subdivision (m) of Section 2982 shall apply.
(m)Regulation Z means a rule, regulation regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System (Board) under the federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601, et seq.), and an interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue the interpretations or approvals.
(n)Simple-interest basis means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:
(1)Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the 365-day basis shall mean this method of determining the finance charge, or
(2)For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the 360-day basis shall mean this method of determining the finance charge.
(o)Precomputed basis means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment.
(p)Service contract means vehicle service contract as defined in subdivision (c) of Section 12800 of the Insurance Code.
(q)Surface protection product means the following products installed by the seller after the motor vehicle is sold:
(1)Undercoating.
(2)Rustproofing.
(3)Chemical or film paint sealant or protectant.
(4)Chemical sealant or stain inhibitor for carpet and fabric.
(r)(1)Theft deterrent device means the following devices installed by the seller after the motor vehicle is sold:
(A)A vehicle alarm system.
(B)A window etch product.
(C)A body part marking product.
(D)A steering lock.
(E)A pedal or ignition lock.
(F)A fuel or ignition kill switch.
(2)Theft deterrent device does not include an alternative device intended to serve in lieu of a license plate that is authorized by the Department of Motor Vehicles pursuant to Section 4854 of the Vehicle Code.
SEC. 2.Section 4463 of the Vehicle Code is amended to read:4463.(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by imprisonment in a county jail for not more than one year:
(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Section 4853, Sections 4853 and 4854, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device comparable to that issued pursuant to Section 4853, Sections 4853 and 4854, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in his or her their possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate, device issued pursuant to Section 4853, Sections 4853 and 4854, special plate, or permit.
(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.
(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard.
(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17, or is guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.
(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59.
(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:
(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high-occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.
(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.
(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.
(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.
(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.
(g)This section shall become operative January 1, 2019.SEC. 3.Section 4853 of the Vehicle Code is amended to read:4853.(a)The department may issue one or more stickers, tabs, or other suitable devices in lieu of the license plates provided for under this code. Except when the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates may apply to stickers, tabs, or devices.
(b)The department may establish a pilot program to evaluate the use of alternatives to the stickers, tabs, license plates, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative products shall be approved by the Department of the California Highway Patrol.
(2)The pilot program shall be limited to no more than 0.5 percent of registered vehicles for the purpose of road testing and evaluation.
(3)The alternative products to be evaluated shall be provided at no cost to the state.
(4)Any pilot program established by the department pursuant to this subdivision shall be completed no later than January 1, 2023.(5)(4)Any pilot program established by the department pursuant to this subdivision shall be limited to vehicle owners who have voluntarily chosen to participate in the pilot program.
(c)In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display evidence of registration compliance. The department shall not receive or retain any information generated during the pilot program regarding the movement, location, or use of a vehicle participating in the pilot program.
(d)In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(e)If the department conducts a pilot program authorized in subdivision (b), the department shall, no later than July 1, 2020, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all of the following:
(1)An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the departments current use of stickers, tabs, license plates, and registration cards.
(2)A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, or use of a vehicle, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.
(3)Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program.
(f)This section shall become inoperative the earlier of January 1, 2024, or the effective date of a regulation promulgated pursuant to Section 4854, and as of July 1, 2024, is repealed.
SEC. 2.SEC. 4.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and may shall not be used in lieu of a device issued by the Department of Motor Vehicles. Vehicles until that approval has been granted.
(2)(A)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(B)The vehicle location technology, if any, shall be capable of being disabled by the user.
(3)An alternative device shall display a visual indication that vehicle location technology is in active use. use if the device is equipped with vehicle location technology.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance. compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(5)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device, unless state or federal law expressly authorizes a transportation agency to share the information with the department.
(6)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.(7)(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(8)The department shall provide users of alternative devices proof of registration that is not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.(b)(1)The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A)Determining standards necessary for the safe use of alternative products.
(B)Requirements for product oversight and consumer support.
(C)Requirements for product size, design, display, and functionality.
(D)Introduction of new products through a pilot program.
(E)Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F)Approval of products for statewide use.
(G)Determining data sharing, privacy, and security protocols.
(H)Processes for revoking an alternative products authority for use.
(I)Testing enhancements to approved alternative products.
(J)Determining the types of plates eligible to participate and associated approval processes.
(K)Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L)Reporting requirements.
(2)In developing these regulations, the department may consult with the Department of the California Highway Patrol and conduct hearings on the adoption of any regulation applicable to alternative registration products.
(3)In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4)An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A)An administrative oversight plan.
(B)A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(b)(1)(5)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear or front license plate or a decal in lieu of a front license plate.(B)(A)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)(B)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)(C)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)(D)Display only information and images approved by the department or deemed necessary by the department.
(F)(E)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)(F)Be readable by the human eye during daylight hours hours of both daylight and darkness at a distance of no less than 75 feet.
(H)(G)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(2)(6)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)(7)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device or electronic vehicle registration card under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:(1)An administrative oversight plan.(2)A product support plan.(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.(5)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.(d)(1)(8)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(2)The department may establish an approval process for the use of specialized license plates specified in subdivision (a) of Section 5155 on alternative devices.(3)The department may specify a minimum number of specialized license plate orders and application periods for authorization of new specialized license plates for display on an alternative device in lieu of the requirements specified in subdivision (b) of Section 5156. (e)The department shall not permit advertising on an alternative device intended to serve in lieu of a license plate.(f)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.(g)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.(h)(c)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(i)(d)The provider of the device shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e)Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the visibility requirements of Sections 5201 and 24601.
(f)(1)An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees or independent contractors except during work hours, and only if strictly necessary for the performance of the employees or independent contractors duties. For purposes of this section, monitor includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee or independent contractor.
(2)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee or independent contractor for disabling an alternative devices monitoring capabilities, including vehicle location technology, outside of work hours.
(3)An employer or a person acting on behalf of the employer shall provide an employee or independent contractor with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A)A description of the specific activities that will be monitored.
(B)A description of the worker data that will be collected as a part of the monitoring.
(C)A notification of whether the data gathered through monitoring will be used to make or inform an employment-related decision and, if so, how, including any associated benchmarks.
(D)A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E)A description of the organizational positions that are authorized to access the data gathered through the alternative device.
(F)A description of the dates, times, and frequency that the monitoring will occur.
(G)A description of where the data will be stored and the length of time it will be retained.
(H)A notification of the employees or independent contractors right to disable monitoring, including vehicle location technology, outside of work hours.
(4)An employer who violates this subdivision shall be subject to a civil penalty of not less than two thousand dollars ($2,000) or more than five thousand dollars ($5,000) for a first violation, and not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000) for each subsequent violation.
(5)The Labor Commissioner and the Attorney General shall have the exclusive authority to enforce this subdivision.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
As used in this chapter, unless the context otherwise requires:
(a)Conditional sale contract means:
(1)A contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either of the following:
(A)The title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition.
(B)A lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition.
(2)A contract for the bailment of a motor vehicle between a buyer and a seller, with or without accessories, by which the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the vehicle and its accessories, if any, at the time the contract is executed, and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full compliance with the terms of the contract.
(b)Seller means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts.
(c)Buyer means the person who buys or hires a motor vehicle under a conditional sale contract.
(d)Person includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(e)Cash price means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the sellers place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in.
(f)Downpayment means a payment that the buyer pays or agrees to pay to the seller in cash or property value or moneys worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. The term shall also include the amount of any portion of the downpayment the payment of which is deferred until not later than the due date of the second otherwise scheduled payment, if the amount of the deferred downpayment is not subject to a finance charge. The term does not include any administrative finance charge charged, received or collected by the seller as provided in this chapter.
(g)Amount financed means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982.
(h)Unpaid balance means the difference between subdivision (e) and subdivision (f), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:
(1)To a public officer in connection with the transaction.
(2)For license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.
(i)Finance charge has the meaning set forth for that term in Section 226.4 of Regulation Z. The term shall not include delinquency charges or collection costs and fees as provided by subdivision (k) of Section 2982, extension or deferral agreement charges as provided by Section 2982.3, or amounts for insurance, repairs to or preservation of the motor vehicle, or preservation of the security interest therein advanced by the holder under the terms of the contract.
(j)Total of payments means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment that is deferred until not later than the second otherwise scheduled payment and that is not subject to a finance charge. The term shall not include amounts for which the buyer may later become obligated under the terms of the contract in connection with insurance, repairs to or preservation of the motor vehicle, preservation of the security interest therein, or otherwise.
(k)Motor vehicle means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code that is sold on or after July 1, 1981. Motor vehicle does not include any trailer that is sold in conjunction with a vessel and that comes within the definition of goods under Section 1802.1.
(l)Purchase order means a sales order, car reservation, statement of transaction or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. The purchase order shall conform to the disclosure requirements of subdivision (a) of Section 2982 and Section 2984.1, and subdivision (m) of Section 2982 shall apply.
(m)Regulation Z means a rule, regulation or interpretation promulgated by the Board of Governors of the Federal Reserve System (Board) under the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), and an interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue the interpretations or approvals.
(n)Simple-interest basis means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:
(1)Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the 365-day basis shall mean this method of determining the finance charge, or
(2)For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the 360-day basis shall mean this method of determining the finance charge.
(o)Precomputed basis means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment.
(p)Service contract means vehicle service contract as defined in subdivision (c) of Section 12800 of the Insurance Code.
(q)Surface protection product means the following products installed by the seller after the motor vehicle is sold:
(1)Undercoating.
(2)Rustproofing.
(3)Chemical or film paint sealant or protectant.
(4)Chemical sealant or stain inhibitor for carpet and fabric.
(r)(1)Theft deterrent device means the following devices installed by the seller after the motor vehicle is sold:
(A)A vehicle alarm system.
(B)A window etch product.
(C)A body part marking product.
(D)A steering lock.
(E)A pedal or ignition lock.
(F)A fuel or ignition kill switch.
(2)Theft deterrent device does not include an alternative device intended to serve in lieu of a license plate that is authorized by the Department of Motor Vehicles pursuant to Section 4854 of the Vehicle Code.
SEC. 2.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and may be used in lieu of a device issued by the Department of Motor Vehicles.
(2)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(3)An alternative device shall display a visual indication that vehicle location technology is in active use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance.
(5)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device. device, unless state or federal law expressly authorizes a transportation agency to share the information with the department.
(6)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(7)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(8)The department shall provide users of alternative devices proof of registration that is not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(b)(1)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear or front license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(F)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)Be readable by the human eye during daylight hours at a distance of no less than 75 feet.
(H)The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device or electronic vehicle registration card under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(5)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(d)The department may approve alternative banner messages to appear on the bottom of the license plate in lieu of dmv.ca.gov that are consistent with subparagraph (D) of paragraph (7) of subdivision (c) of Section 206.00 of Title 13 of the California Code of Regulations.(e)(d)(1)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(2)The department may establish an approval process for the use of specialized license plates specified in subdivision (a) of Section 5155 on alternative devices.
(3)The department may specify a minimum number of specialized license plate orders and application periods for authorization of new specialized license plates for display on an alternative device in lieu of the requirements specified in subdivision (b) of Section 5156.
(f)Notwithstanding subdivision (d), the(e)The department shall not permit advertising on an alternative device intended to serve in lieu of a license plate.
(g)(f)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(h)(g)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
(i)(h)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(j)(i)The provider of the device shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
As used in this chapter, unless the context otherwise requires:
(a)Conditional sale contract means:
(1)A contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either of the following:
(A)The title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition.
(B)A lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition.
(2)A contract for the bailment of a motor vehicle between a buyer and a seller, with or without accessories, by which the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the vehicle and its accessories, if any, at the time the contract is executed, and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full compliance with the terms of the contract.
(b)Seller means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts.
(c)Buyer means the person who buys or hires a motor vehicle under a conditional sale contract.
(d)Person includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(e)Cash price means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the sellers place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in.
(f)Downpayment means a payment that the buyer pays or agrees to pay to the seller in cash or property value or moneys worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. The term shall also include the amount of any portion of the downpayment the payment of which is deferred until not later than the due date of the second otherwise scheduled payment, if the amount of the deferred downpayment is not subject to a finance charge. The term does not include any administrative finance charge charged, received or collected by the seller as provided in this chapter.
(g)Amount financed means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982.
(h)Unpaid balance means the difference between subdivision (e) and subdivision (f), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:
(1)To a public officer in connection with the transaction.
(2)For license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.
(i)Finance charge has the meaning set forth for that term in Section 226.4 of Regulation Z. The term shall not include delinquency charges or collection costs and fees as provided by subdivision (k) of Section 2982, extension or deferral agreement charges as provided by Section 2982.3, or amounts for insurance, repairs to or preservation of the motor vehicle, or preservation of the security interest therein advanced by the holder under the terms of the contract.
(j)Total of payments means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment that is deferred until not later than the second otherwise scheduled payment and that is not subject to a finance charge. The term shall not include amounts for which the buyer may later become obligated under the terms of the contract in connection with insurance, repairs to or preservation of the motor vehicle, preservation of the security interest therein, or otherwise.
(k)Motor vehicle means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code that is sold on or after July 1, 1981. Motor vehicle does not include any trailer that is sold in conjunction with a vessel and that comes within the definition of goods under Section 1802.1.
(l)Purchase order means a sales order, car reservation, statement of transaction or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. The purchase order shall conform to the disclosure requirements of subdivision (a) of Section 2982 and Section 2984.1, and subdivision (m) of Section 2982 shall apply.
(m)Regulation Z means a rule, regulation or interpretation promulgated by the Board of Governors of the Federal Reserve System (Board) under the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), and an interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue the interpretations or approvals.
(n)Simple-interest basis means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:
(1)Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the 365-day basis shall mean this method of determining the finance charge, or
(2)For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the 360-day basis shall mean this method of determining the finance charge.
(o)Precomputed basis means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment.
(p)Service contract means vehicle service contract as defined in subdivision (c) of Section 12800 of the Insurance Code.
(q)Surface protection product means the following products installed by the seller after the motor vehicle is sold:
(1)Undercoating.
(2)Rustproofing.
(3)Chemical or film paint sealant or protectant.
(4)Chemical sealant or stain inhibitor for carpet and fabric.
(r)(1)Theft deterrent device means the following devices installed by the seller after the motor vehicle is sold:
(A)A vehicle alarm system.
(B)A window etch product.
(C)A body part marking product.
(D)A steering lock.
(E)A pedal or ignition lock.
(F)A fuel or ignition kill switch.
(2)Theft deterrent device does not include an alternative device intended to serve in lieu of a license plate that is authorized by the Department of Motor Vehicles pursuant to Section 4854 of the Vehicle Code.
SEC. 2.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and may be used in lieu of a device issued by the Department of Motor Vehicles.
(2)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(3)An alternative device shall display a visual indication that vehicle location technology is in active use.
(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance.
(5)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(6)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(7)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(8)The department shall provide users of alternative devices proof of registration that is not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(b)(1)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear or front license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(F)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)Be readable by the human eye during daylight hours at a distance of no less than 75 feet.
(H)The alphanumeric characters assigned to the vehicle by the department are and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device or electronic vehicle registration card under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device. device and show proof of vehicle registration.
(5)Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(d)The department may approve alternative banner messages to appear on the bottom of the license plate in lieu of dmv.ca.gov that are consistent with subparagraph (D) of paragraph (7) of subdivision (c) of Section 206.00 of Title 13 of the California Code of Regulations.
(e)(1)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(2)The department may establish an approval process for the use of specialized license plates specified in subdivision (a) of Section 5155 on alternative devices.
(3)The department may specify a minimum number of specialized license plate orders and application periods for authorization of new specialized license plates for display on an alternative device in lieu of the requirements specified in subdivision (b) of Section 5156.
(f)Notwithstanding subdivision (d), the department shall not permit advertising on an alternative device intended to serve in lieu of a license plate.
(g)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(h)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
(i)An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(j)The provider of the device shall build into the device a process for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
As used in this chapter, unless the context otherwise requires:
(a)Conditional sale contract means:
(1)A contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either of the following:
(A)The title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition.
(B)A lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition.
(2)A contract for the bailment of a motor vehicle between a buyer and a seller, with or without accessories, by which the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the vehicle and its accessories, if any, at the time the contract is executed, and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full compliance with the terms of the contract.
(b)Seller means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts.
(c)Buyer means the person who buys or hires a motor vehicle under a conditional sale contract.
(d)Person includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(e)Cash price means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the sellers place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in.
(f)Downpayment means a payment that the buyer pays or agrees to pay to the seller in cash or property value or moneys worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. The term shall also include the amount of any portion of the downpayment the payment of which is deferred until not later than the due date of the second otherwise scheduled payment, if the amount of the deferred downpayment is not subject to a finance charge. The term does not include any administrative finance charge charged, received or collected by the seller as provided in this chapter.
(g)Amount financed means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982.
(h)Unpaid balance means the difference between subdivision (e) and subdivision (f), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:
(1)To a public officer in connection with the transaction.
(2)For license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.
(i)Finance charge has the meaning set forth for that term in Section 226.4 of Regulation Z. The term shall not include delinquency charges or collection costs and fees as provided by subdivision (k) of Section 2982, extension or deferral agreement charges as provided by Section 2982.3, or amounts for insurance, repairs to or preservation of the motor vehicle, or preservation of the security interest therein advanced by the holder under the terms of the contract.
(j)Total of payments means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment that is deferred until not later than the second otherwise scheduled payment and that is not subject to a finance charge. The term shall not include amounts for which the buyer may later become obligated under the terms of the contract in connection with insurance, repairs to or preservation of the motor vehicle, preservation of the security interest therein, or otherwise.
(k)Motor vehicle means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code that is sold on or after July 1, 1981. Motor vehicle does not include any trailer that is sold in conjunction with a vessel and that comes within the definition of goods under Section 1802.1.
(l)Purchase order means a sales order, car reservation, statement of transaction or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. The purchase order shall conform to the disclosure requirements of subdivision (a) of Section 2982 and Section 2984.1, and subdivision (m) of Section 2982 shall apply.
(m)Regulation Z means a rule, regulation or interpretation promulgated by the Board of Governors of the Federal Reserve System (Board) under the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), and an interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue the interpretations or approvals.
(n)Simple-interest basis means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:
(1)Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the 365-day basis shall mean this method of determining the finance charge, or
(2)For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the 360-day basis shall mean this method of determining the finance charge.
(o)Precomputed basis means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment.
(p)Service contract means vehicle service contract as defined in subdivision (c) of Section 12800 of the Insurance Code.
(q)Surface protection product means the following products installed by the seller after the motor vehicle is sold:
(1)Undercoating.
(2)Rustproofing.
(3)Chemical or film paint sealant or protectant.
(4)Chemical sealant or stain inhibitor for carpet and fabric.
(r)(1)Theft deterrent device means the following devices installed by the seller after the motor vehicle is sold:
(1)(A)A vehicle alarm system.
(2)(B)A window etch product.
(3)(C)A body part marking product.
(4)(D)A steering lock.
(5)(E)A pedal or ignition lock.
(6)(F)A fuel or ignition kill switch.
(2)Theft deterrent device does not include an alternative device intended to serve in lieu of a license plate that is authorized by the Department of Motor Vehicles pursuant to Section 4854 of the Vehicle Code.
SECTION 1.SEC. 2.Section 4854 is added to the Vehicle Code, to read:4854.(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not may be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted. Department of Motor Vehicles.
(2)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(3)An alternative device shall display a visual indication that vehicle location technology is in active use.
(3)(4)Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance.
(4)(5)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(5)(6)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(6)(7)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(7)(8)The department shall provide users of alternative devices proof of registration that is not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(b)(1)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear or front license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(F)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)Be readable by the human eye during daylight hours at a distance of no less than 75 feet.
(H)The alphanumeric characters assigned to the vehicle by the department are displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, nor shall it use the information for any purpose other than as strictly necessary to provide the device.
(d)The department may approve alternative banner messages to appear on the bottom of the license plate in lieu of dmv.ca.gov that are consistent with subparagraph (D) of paragraph (7) of subdivision (c) of Section 206.00 of Title 13 of the California Code of Regulations.
(e)(1)The department may authorize both of the following to be displayed on an alternative device:
(A)Approved environmental license plates pursuant to Article 8.5 (commencing with Section 5100).
(B)Approved specialized license plates pursuant to Article 8.6 (commencing with Section 5151).
(2)The department may establish an approval process for the use of specialized license plates specified in subdivision (a) of Section 5155 on alternative devices.
(3)The department may specify a minimum number of specialized license plate orders and application periods for authorization of new specialized license plates for display on an alternative device in lieu of the requirements specified in subdivision (b) of Section 5156.
(d)(f)Notwithstanding subdivision (d), the department shall not permit advertising on an alternative device intended to serve in lieu of a license plate.
(g)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(e)(h)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
(f)(i)An alternative device failure or malfunction shall not be the basis for any government action relating to the user, including stopping or detaining the user or subjecting the user to any criminal or civil fines, fees, or punishments. may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)The alternate device shall be made available to vehicle owners with an option that does not include vehicle location technology. Vehicle location technology is an additional service and may be offered at a higher price.
(2)(3)Data exchanged between the department and the device, or the provider of the device, is limited to that data deemed necessary by the department necessary to display evidence of registration compliance.
(3)(4)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(4)(5)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(6)Use of the alternative device is optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(7)The department shall provide users of alternative devices proof of registration that is not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(b)(1)An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(F)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)Be readable during daylight hours at a distance of no less than 75 feet.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meet Meets the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device, if the device provides electronic communications or location-based services. device.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes of this section, a provider of the device shall not share or sell the information obtained to provide the device, nor shall it use the information for any purpose other than as strictly necessary to provide the device.
(d)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(e)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
(f)An alternative device failure or malfunction shall not be the basis for any government action relating to the user, including stopping or detaining the user or subjecting the user to any criminal or civil fines, fees, or punishments.
(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)Data exchanged between the department and the device, or the provider of the device, is limited to that data deemed necessary by the department to display evidence of registration compliance.
(3)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(4)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(b)(1)An alternative device intended to serve in lieu of a license plate is shall be subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(F)Be readable by automated license plate readers used by the Department of the California Highway Patrol and any other automated enforcement system.
(G)Be readable during daylight hours at a distance of no less than 75 feet.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meet the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device, if the device provides electronic communications or location-based services.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(d)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(e)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
(a)The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:
(1)The alternative device is subject to the approval of the department and the Department of the California Highway Patrol and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2)Data exchanged between the department and the device, or the provider of the device, is limited to that data deemed necessary by the department to display evidence of registration compliance.
(3)The department shall not receive or retain any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(4)Except if the physical differences between the stickers, tabs, or devices and license plates by their nature render the provisions of this code inapplicable, all provisions of this code relating to license plates shall apply to the devices.
(b)(1)An alternative device intended to serve in lieu of a license plate is subject to all of the following requirements:
(A)Be limited to an electronic device in lieu of a rear license plate or a decal in lieu of a front license plate.
(B)Have a minimum effective viewable area that meets the size specifications of Section 4852.
(C)Provide legibility and visibility according to standards consistent with those applied to license plates.
(D)Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(E)Display only information and images approved by the department or deemed necessary by the department.
(2)An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A)Meet the requirements of Section 4453.
(B)May be used to comply with Section 4462.
(3)The department may establish additional requirements it deems necessary to implement this subdivision.
(c)An entity seeking approval to issue an alternative device under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(1)An administrative oversight plan.
(2)A product support plan.
(3)Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device, if the device provides electronic communications or location-based services.
(4)Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(d)The department may adopt regulations to carry out this program, including establishing reasonable fees to reimburse the department for the costs to implement the program.
(e)An alternative device intended to serve in lieu of a license plate issued by the department pursuant to the pilot program established in Section 4853 is authorized for continued use until the device authorized under this section is approved or disapproved by the department.
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Date
|
Status
|
|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State - Chapter 746, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.). |
| Aug 30, 2022 | Joint Rule 62(a), file notice suspended. |
| Aug 30, 2022 | Re-referred to Com. on P. & C.P. pursuant to Assembly Rule 77.2. |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5211.). |
| Aug 25, 2022 | Read third time and amended. Ordered to third reading. |
| Aug 3, 2022 | Read second time. Ordered to third reading. |
| Aug 2, 2022 | From inactive file. |
| Sep 9, 2021 | Ordered to inactive file at the request of Senator Hueso. |
| Sep 9, 2021 | Reconsideration granted. (Ayes 38. Noes 0. Page 2569.) |
| Sep 9, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2565.). |
| Sep 7, 2021 | Read second time. Ordered to third reading. |
| Sep 3, 2021 | Read third time and amended. Ordered to second reading. |
| Aug 30, 2021 | Read second time. Ordered to third reading. |
| Aug 26, 2021 | Read second time and amended. Ordered returned to second reading. |
| Aug 23, 2021 | In committee: Referred to APPR suspense file. |
| Aug 16, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 15, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 13). |
| Jul 1, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 28, 2021 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 24, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 24). |
| Jun 16, 2021 | Referred to Coms. on TRANS. and JUD. |
| Jun 2, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 2. Page 1737.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | Joint Rule 62(a), file notice suspended. (Page 1460.) |
| May 19, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 28, 2021 | Re-referred to Com. on APPR. |
| Apr 27, 2021 | Read second time and amended. |
| Apr 26, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22). |
| Apr 8, 2021 | Re-referred to Com. on P. & C.P. |
| Apr 7, 2021 | Read second time and amended. |
| Apr 6, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 12. Noes 0.) (April 5). |
| Mar 4, 2021 | Referred to Coms. on TRANS. and P. & C.P. |
| Feb 19, 2021 | From printer. May be heard in committee March 21. |
| Feb 18, 2021 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2022 | AB 984 Wilson Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB984 Wilson et al. By Hertzberg | Senate Floor |
Passed |
|
| Sep 9, 2021 | Assembly 3rd Reading AB984 Luz Rivas et al. By Hueso Reconsider | Senate Floor |
Passed |
|
| Sep 9, 2021 | Assembly 3rd Reading AB984 Luz Rivas et al. By Hueso | Senate Floor |
Passed |
|
| Jun 1, 2021 | AB 984 Luz Rivas Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Co-Author(s):
