BILL NUMBER: SB 949	CHAPTERED
	BILL TEXT

	CHAPTER  616
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  JUNE 30, 2010
	AMENDED IN SENATE  MAY 11, 2010
	AMENDED IN SENATE  APRIL 22, 2010

INTRODUCED BY   Senator Oropeza

                        FEBRUARY 4, 2010

   An act to amend Sections 21 and 21100 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 949, Oropeza. Vehicles: local authority: assessing penalties.
    (1) Existing law prohibits a local authority from enacting or
enforcing an ordinance on matters covered by the Vehicle Code unless
expressly authorized by the Vehicle Code.
   This bill would prohibit a local authority from enacting or
enforcing an ordinance or resolution on matters covered by the
Vehicle Code, and would expressly include an ordinance or resolution
that establishes regulations or procedures for, or assesses a fine,
penalty, assessment, or fee for a violation of, matters covered by
this code unless expressly authorized by this code, except as
specified.
   This bill would provide that its provisions become operative on
July 1, 2011.
   (2) This bill would incorporate additional changes in Section
21100 of the Vehicle Code proposed by AB 2294, or AB 2756, or both,
to be operative only if AB 2294, or AB 2756, or both, and this bill
are chaptered and become effective on or before January 1, 2011, and
this bill is chaptered last.


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

  SECTION 1.  Section 21 of the Vehicle Code is amended to read:
   21.  (a) Except as otherwise expressly provided, the provisions of
this code are applicable and uniform throughout the state and in all
counties and municipalities therein, and a local authority shall not
enact or enforce any ordinance or resolution on the matters covered
by this code, including ordinances or resolutions that establish
regulations or procedures for, or assess a fine, penalty, assessment,
or fee for a violation of, matters covered by this code, unless
expressly authorized by this code.
   (b) To the extent permitted by current state law, this section
does not impair the current lawful authority of the Mountains
Recreation and Conservation Authority, a joint powers authority, or
any member agency constituted therein as of July 1, 2010, to enforce
an ordinance or resolution relating to the management of public lands
within its jurisdiction.
  SEC. 2.  Section 21100 of the Vehicle Code is amended to read:
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   (2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3) Nothing in this subdivision shall limit the authority of a
city or city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (  l ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
   (m) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.
   (2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500) of Division 11.
  SEC. 2.3.  Section 21100 of the Vehicle Code is amended to read:
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   (2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3) This subdivision does not limit the authority of a city or
city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (  l  ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
   (m) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring one or more of the following documents:
   (1) A valid California driver's license.
   (2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority.
   (3) A valid California identification card and proof of successful
completion of the written portion of the California driver's license
examination administered by the department. The department shall
administer, without charging a fee, the original driver's license
written examination on traffic laws and signs to a person who states
that he or she is, or intends to become, a pedicab operator, and who
holds a valid California identification card or has successfully
completed an application for a California identification card. If the
person achieves a passing score on the examination, the department
shall issue a certificate of successful completion of the
examination, bearing the person's name and identification card
number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of any
subsequent application for a driver's license. The department is not
required to enter the results of the examination into the
computerized record of the person's identification card or otherwise
retain a record of the examination or results.
   (n) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.
   (2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500) of Division 11.
   (o) This section shall become operative on July 1, 2011.
  SEC. 2.5.  Section 21100 of the Vehicle Code is amended to read:
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority when
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   (2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3) This subdivision shall not limit the authority of a city or
city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (  l  ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
   (m) Regulating mobile billboard advertising displays, as defined
in Section 395.5, including the establishment of penalties, which may
include, but are not limited to, removal of the mobile billboard
advertising display and misdemeanor criminal penalties, for a
violation of the ordinance or resolution.

   (n) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.
   (2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500) of Division 11.
   (o) This section shall become operative on July 1, 2011.
  SEC. 2.7.  Section 21100 of the Vehicle Code is amended to read:
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority when
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   (2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3) This subdivision does not limit the authority of a city or
city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (  l  ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
   (m) Regulating mobile billboard advertising displays, as defined
in Section 395.5, including the establishment of penalties, which may
include, but are not limited to, removal of the mobile billboard
advertising display and misdemeanor criminal penalties, for a
violation of the ordinance or resolution.
   (n) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring one or more of the following documents:
   (1) A valid California driver's license.
   (2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority.
   (3) A valid California identification card and proof of successful
completion of the written portion of the California driver's license
examination administered by the department. The department shall
administer, without charging a fee, the original driver's license
written examination on traffic laws and signs to a person who states
that he or she is, or intends to become, a pedicab operator, and who
holds a valid California identification card or has successfully
completed an application for a California identification card. If the
person achieves a passing score on the examination, the department
shall issue a certificate of successful completion of the
examination, bearing the person's name and identification card
number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of any
subsequent application for a driver's license. The department is not
required to enter the results of the examination into the
computerized record of the person's identification card or otherwise
retain a record of the examination or results.
   (o) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.

      (2) This section does not preclude a local authority from
enacting parking ordinances pursuant to existing authority in Chapter
9 (commencing with Section 22500) of Division 11.
   (p) This section shall become operative on July 1, 2011.
  SEC. 3.  Section 2.3 of this bill incorporates amendments to
Section 21100 of the Vehicle Code proposed by both this bill and AB
2294. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 21100 of the Vehicle Code, and (3) this bill is
enacted after AB 2294, in which case Section 21100 of the Vehicle
Code as amended by AB 2294, shall remain operative only until the
operative date of this bill, at which time Section 2.3 of this bill
shall become operative, and Sections 2, 2.5, and 2.7 of this bill
shall not become operative.
  SEC. 4.  Section 2.5 of this bill incorporates amendments to
Section 21100 of the Vehicle Code proposed by both this bill and AB
2756. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 21100 of the Vehicle Code, and (3) this bill is
enacted after AB 2756, in which case Section 21100 of the Vehicle
Code as amended by AB 2756, shall remain operative only until the
operative date of this bill, at which time Section 2.5 of this bill
shall become operative, and Sections 2, 2.3, and 2.7 of this bill
shall not become operative.
  SEC. 5.  Section 2.7 of this bill incorporates amendments to
Section 21100 of the Vehicle Code proposed by this bill, AB 2294, and
AB 2756. It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 2011, (2) each
bill amends Section 21100 of the Vehicle Code, and (3) this bill is
enacted after AB 2294 and AB 2756, in which case Section 21100 of the
Vehicle Code as amended by both AB 2294 and AB 2756, shall remain
operative only until the operative date of this bill, at which time
Section 2.7 of this bill shall become operative, and Sections 2, 2.3,
and 2.5 of this bill shall not become operative.
  SEC. 6.  Sections 1 and 2 of this act shall become operative on
July 1, 2011.