BILL NUMBER: AB 237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 6, 2009

   An act to amend Section 2810 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 237, as introduced, Carter. Vehicles: inspection of loads:
metal products.
   (1) Existing law authorizes the Department of the California
Highway Patrol to stop a vehicle transporting timber products,
livestock, poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease and inspect certain documents to determine
whether the driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in legal
possession, to take custody of the vehicle and load, as prescribed,
and imposes duties on the sheriff with respect to the care and
safekeeping of those products.
   This bill would make those provisions applicable with regard to a
vehicle that is transporting metal products. By imposing additional
duties on a sheriff regarding the care and safekeeping of metal
products, this bill would impose a state-mandated local program.
   This would additionally authorize a member of a city police
department, a member of the county sheriff's office, and a specified
district attorney investigation to stop and inspect vehicles
transporting loads.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2810 of the Vehicle Code is amended to read:
   2810.  (a) A member of the California Highway Patrol  , a
member of a city police department, a member of a county's sheriff's
office, or a district attorney investigator whose primary
responsibility is to conduct theft investigations  may stop
 any   a  vehicle transporting  any
 timber products, livestock, poultry, farm produce, crude
oil, petroleum products,  metal products,  or inedible
kitchen grease, and inspect the bills of lading, shipping or delivery
papers, or other evidence to determine whether the driver is in
legal possession of the load, and, upon reasonable belief that the
driver of the vehicle is not in legal possession, shall take custody
of the vehicle and load and turn them over to the custody of the
sheriff of the county in which the timber products, livestock,
poultry, farm produce, crude oil, petroleum products,  metal
products,  or inedible kitchen grease, or any part 
thereof,   of those loads,  is apprehended.
   (b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products,  metal products,
 or inedible kitchen grease, or any  part thereof,
  of those loads,  and immediately, in cooperation
with the department,  a city police department, or the district
attorney's office,  proceed with an investigation and its legal
disposition.
   (c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.