BILL NUMBER: AB 957	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN SENATE  JUNE 2, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Committee on Transportation (Bonnie Lowenthal
(Chair), Jeffries (Vice Chair), Achadjian, Blumenfield, Bonilla,
Buchanan, Eng, Furutani, Galgiani, Logue, Miller, Norby, Portantino,
and Solorio)

                        FEBRUARY 18, 2011

   An act to amend Sections 102051, 102100.2, 102161, 102281, 102332,
102333,  102430, and 102501   and 102430 
of, and to repeal Sections 102102, 102103, and 102580 of, the Public
Utilities Code, to amend Sections 188.5 and 525 of the Streets and
Highways Code, and to amend  Sections 21100.4 and 23123.5
  Section 21100.4  of the Vehicle Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 957, as amended, Committee on Transportation. Transportation
omnibus bill.
   (1) Existing law, the Sacramento Regional Transit District Act,
creates the Sacramento Regional Transit District, with specified
powers and duties relative to providing transit services in the
Sacramento region. Existing law provides that the district is
comprised of specified cities and unincorporated territories in the
Counties of Sacramento and Yolo. Existing law sets forth provisions
for transition from the Sacramento Transit Authority to the district
and also sets forth provisions applicable to the establishment of the
first board of the district.
   This bill would provide that the district includes the Cities of
Citrus Heights, Elk Grove, Rancho Cordova, and West Sacramento. The
bill would delete obsolete provisions relating to the transition from
the authority to the district and establishment of the district's
first board.
   The California Constitution prohibits a local government, as
defined, from imposing any special tax unless it is approved by a 2/3
vote of the electorate. The Sacramento Regional Transit District Act
prohibits the district from imposing or collecting any property tax
within any city or unincorporated area of a county unless it is
approved by a majority of the voters of the city or unincorporated
area, as specified.
   This bill would make conforming changes to the Sacramento Regional
Transit District Act indicating that the district may not impose or
collect any property tax within any city or unincorporated area of a
county unless it is approved by a 2/3 vote of the electorate.

   Existing law authorizes the Sacramento Regional Transit District,
upon the approval of the voters, to incur bonded indebtedness for
specified purposes. Existing law prohibits the maximum rate of
interest to be paid on those bonds from exceeding either 7% or 8%, as
specified.  
   This bill would prohibit the maximum rate of interest on those
bonds from exceeding 8%. 
   Existing law authorizes the Sacramento Regional Transit District
to provide for a retirement system if certain requirements are met.
   This bill would authorize the district to establish trust accounts
for that purpose.
   (2) Existing law requires, commencing January 1, 2004, until
completion of the seismic retrofit of specified state-owned toll
bridges, the Department of Transportation to provide quarterly
seismic reports to the transportation committees of both houses of
the Legislature and to the California Transportation Commission for
other seismic retrofit programs.
   This bill would delete this requirement.
   (3) Existing law provides for the California Transportation
Commission to adopt locations for state highways on routes authorized
by law, and provides for relinquishment of certain segments of state
highways from the state to local agencies.
   This bill would provide for the relinquishment of all of Route 225
in the City of Santa Barbara under certain terms and conditions.
   (4) Existing law authorizes the impoundment of a vehicle operating
as a taxicab or other passenger vehicle for hire in violation of
licensing requirements adopted by a local authority for a period of
30 days or less. Existing law requires an impoundment agency to
release to the registered owner or his or her agency a vehicle so
impounded prior to the expiration of the impoundment period under
specified circumstances.
   This bill would additionally require the release of an impounded
vehicle operating as a taxicab or other passenger vehicle for hire in
violation of the licensing requirements if the vehicle is a rental
car. Because a violation of this provision is a crime, this bill
would impose a state-mandated local program. 
   (5) Existing law makes it unlawful for a person to drive a motor
vehicle while using an electronic wireless communications device to
write, send, or read a text-based communication. A violation of this
provision is an infraction punishable by a base fine of $20 for a
first offense and $50 for each subsequent offense.  

   This bill would exempt a voice-operated, hands-free device from
these provisions.  
   (6) 
    (5)  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.
   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 102051 of the Public Utilities Code is amended
to read:
   102051.  The district may comprise the Cities of Citrus Heights,
Elk Grove, Davis, Folsom, Rancho Cordova, Roseville, Sacramento, West
Sacramento, and Woodland, and the following described territory of
the Counties of Sacramento and Yolo, to the extent they are not
included in the above-mentioned cities:
   (a) The territory of the County of Sacramento which may be
included is described as follows:
   (1) Beginning at the northeasterly corner of the Sacramento County
line running southeasterly to State Highway Route 50; thence
southwesterly along Route 50 to Prairie City Road; thence
southeasterly along Prairie City Road to White Rock Road; thence
along White Rock Road to Grant Line Road; thence along Grant Line
Road to Douglas Road; thence westerly along Douglas Road to Sunrise
Blvd.; thence southerly along Sunrise Blvd. to Kiefer Blvd.; thence
westerly along Kiefer Blvd. to Excelsior Road; thence southerly along
Excelsior Road to Jackson Road; thence northwesterly along Jackson
Road to Bradshaw Road; thence southerly along Bradshaw Road to Grant
Line Road; thence westerly along Grant Line Road to State Highway
Route 99; thence northwesterly along Route 99 to Elk Grove Blvd.;
thence westerly along Elk Grove Blvd. to Bruceville Road; thence
southerly along Bruceville Road to Bilby Road; thence westerly along
Bilby Road to Franklin Blvd.; thence northeasterly along Franklin
Blvd. to Elk Grove Blvd.; thence westerly along Elk Grove Blvd. to
the intersection of State Highway Route 5; thence northerly along
Route 5 to the Sacramento City Limits; thence along the Sacramento
City Limits to the Sacramento River; thence along the Sacramento
River upstream to the intersection of the Sacramento River and
prolongation of San Juan Road; thence easterly along the prolongation
of San Juan Road to the Sacramento City Limits; thence along the
Sacramento City Limits to Elk Horn Blvd.; thence easterly along Elk
Horn Blvd. to the Union Pacific Railroad; thence along the Union
Pacific Railroad to Elverta Road; thence easterly along Elverta Road
to 16th Street; thence northerly along 16th Street to the Sacramento
County line; thence easterly along the Sacramento County line to the
point of beginning, and excluding the Cities of Sacramento and
Folsom.
   (2) Beginning at the southwesterly corner of the intersection of
Route 5 and Power Line Road; thence northerly along Power Line Road
to Elverta Road; thence easterly along Elverta Road to Lone Tree
Road; thence southerly along Lone Tree Road to Route 5; thence
westerly along Route 5 to the point of beginning.
   (3) All of that property known as the Sacramento County
Metropolitan Airport in Natomas Elkhorn Subdivision and Sec. 36, T.
10 N., R. 3 E., M.D.B. & M. and filed for record the 29th day of
January, 1968, at 4:45 P.M., in Book 26 of Surveys, at Page 12, in
the office of the Sacramento County Recorder.
   (4) Notwithstanding paragraphs (1), (2), and (3) of this
subdivision, the unincorporated territory of the County of Sacramento
included in the district shall include the same area as the urban
service area proposed to be adopted by the County of Sacramento, as
adopted and as hereafter amended.
   (b) The unincorporated territory of the County of Yolo which may
be included is described as follows:
   (1) Beginning at the northeast corner of Sec. 36, T. 9 N., R. 3
E., M.D.B. & M.; thence north 1/2 mile along the west line of Sec.
30, T. 9 N., R. 4 E., to the west 1/4 corner of Sec. 30; thence
east1/2 mile to the center of Sec. 30; thence north 1/8 mile, more or
less, to the north line of Swamp Land Survey No. 970, the point
being on the centerline of Tule Lake Road; thence northeasterly along
the north line of Swamp Land Survey No. 970 to the centerline of the
Sacramento River; thence easterly and southerly down and along the
Sacramento River to the south line of Swamp Land Survey No. 815;
thence northwesterly along the south line of Swamp Land Survey No.
815 to its southwest corner; thence northeasterly along the west line
of Swamp Land Survey No. 815 to a point where it is intersected by
the quarter section line running east and west through Sec. 30, T. 8
N., R. 4 E.; thence west 3/4 mile, more or less, to the east 1/4
corner of Sec. 25, T. 8 N., R. 3 E.; thence north 51/2 miles, more or
less, to the point of beginning.
   (2) Beginning at the intersection of State Highway Route 113 and
the Yolo County line southern boundary; thence easterly along the
Yolo County line southern boundary to the Davis City Limits; thence
meandering along the Davis City Limits to Russell Boulevard; thence
westerly along Russell Boulevard to Route 113; thence southerly along
Route 113 to the point of beginning.
   For purposes of this section, any reference to an avenue,
boulevard, highway, railroad, road, or street includes the
right-of-way thereof.
  SEC. 2.  Section 102100.2 of the Public Utilities Code is amended
to read:
   102100.2.  The first board of directors shall consist of seven
members appointed within 30 days after the district is formed as
provided in Section 102052. Four members of the first board of
directors shall be appointed by the City Council of the City of
Sacramento. Three members of the first board of directors shall be
appointed by the Board of Supervisors of the County of Sacramento.
  SEC. 3.  Section 102102 of the Public Utilities Code is repealed.
  SEC. 4.  Section 102103 of the Public Utilities Code is repealed.
  SEC. 5.  Section 102161 of the Public Utilities Code is amended to
read:
   102161.  At any time, any city, county, or other public agency may
contract with the district for the performance of services on behalf
of the district by the legal counsel, controller or fiscal officer,
or treasurer of the city, county, or public agency.
  SEC. 6.  Section 102281 of the Public Utilities Code is amended to
read:
   102281.  (a) The district may engage in the business of providing
charter bus service, sightseeing service, special school service, and
other service, including any other service as may be provided by its
predecessor, the Sacramento Transit Authority.
   (b) No bus equipment which is designed solely for charter service
shall be purchased. No intercity model bus shall be operated in
charter service; however, nothing in this section shall limit the
features and equipment on, or the use of, transit and suburban model
buses.
   (c) The board shall hold a public hearing prior to adopting a
charter rate schedule or any amendment thereof. Notice of the hearing
shall be mailed at least 30 days in advance to each charter-party
carrier maintaining an office or equipment point within the district,
and to each charter-party carrier or representative thereof who has
requested, in writing, to be notified of such hearings. A notice
shall include the proposed charter rate schedule. At the close of the
public hearing, the board may adopt charter rate schedules which
shall not be less than the lowest of the three largest private
charter-party carriers operating similar service in the district. For
any charter service between points within the district, the district
may establish a lower minimum charge. The designation "three largest
private charter-party carriers" refers to the three carriers with
the highest gross revenue generated from charter service originating
within the district.
   (d) A charter trip shall have its origin within the district, and
the return trip shall have its destination within the district,
unless the district is requested by a private charter-party carrier
to provide a trip not having origin and return destination within the
district.
  SEC. 7.  Section 102332 of the Public Utilities Code is amended to
read:
   102332.  The district shall not levy or collect a property tax
within any city or within all or any part of the unincorporated area
of any county until:
   (a) The legislative body of the city or county adopts a resolution
declaring there is need for the district to operate and levy a tax
within the city or the unincorporated area, or part thereof, of the
county.
   (b) Two-thirds of the voters of the city or the unincorporated
area, or part thereof, following the adoption of the resolution under
subdivision (a), voting on the question at an election called for
that purpose, approves the operation of the district, and the levy of
a property tax by the district, within the city or within the
unincorporated area, or part thereof, of the county.
  SEC. 8.  Section 102333 of the Public Utilities Code is amended to
read:
   102333.  The district may conduct a single election in an area
comprising the area of a city and the unincorporated area of a county
or more than one unincorporated area of a county or counties, or any
combination of those areas, with the approval of the cities and
counties concerned, in which event two-thirds of the voters voting at
the election shall be sufficient to approve the proposition
submitted for the entire area included in the election. Where more
than one election will be held, the approval of the voters in one
election pertaining to an area may be conditioned upon the approval
of voters in one or more other elections pertaining to other areas.
  SEC. 9.  Section 102430 of the Public Utilities Code is amended to
read:
   102430.  The district may provide for a retirement system;
provided, that the adoption, terms  ,  and conditions of any
retirement system covering employees of the district represented by
a labor organization in accordance with this section shall be
pursuant to a collective bargaining agreement between such labor
organization and the district. The district may establish trust
accounts for the purposes of this section. 
  SEC. 10.    Section 102501 of the Public Utilities
Code is amended to read:
   102501.  Whenever the board deems it necessary for the district to
incur a bonded indebtedness for the acquisition, construction, or
repair of any or all improvements, works, property, or facilities,
authorized by this part or necessary or convenient for the carrying
out of the powers of the district, or for any other purpose
authorized by this part, it shall, by ordinance, adopted by a
two-thirds vote of the board, so declare and call an election to be
held in the district for the purpose of submitting to the qualified
voters thereof the proposition of incurring indebtedness by the
issuance of bonds of the district; provided the total amount of bonds
issued and outstanding pursuant to this article shall not exceed 15
percent of the assessed value of the taxable property of the district
as shown by the last equalized assessment rolls of the counties of
Sacramento, Placer, and Yolo. The ordinance shall state:
   (a) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs incidental to or
connected with the accomplishment of those purposes, including,
without limitation, engineering, inspection, legal, fiscal agents,
financial consultant and other fees, bond and other reserve funds,
working capital, bond interest estimated to accrue during the
construction period and for a period not to exceed three years
thereafter, and expenses of all proceedings for the authorization,
issuance, and sale of the bonds.
   (b) The estimated cost of accomplishing those purposes.
   (c) The amount of the principal of the indebtedness.
   (d) The maximum term the bonds proposed to be issued shall run
before maturity, which shall not exceed 50 years from the date
thereof or the date of each series thereof.
   (e) The maximum rate of interest to be paid, which shall not
exceed 8 percent per annum.
   (f) The proposition to be submitted to the voters, which may
include one or more purposes.
   (g) The date of the election.
   (h) The manner of holding the election and the procedure for
voting for or against the measure.
   (i) The ordinance may also contain any other matters authorized by
this part or any other law. 
   SEC. 11.   SEC. 10.   Section 102580 of
the Public Utilities Code is repealed.
   SEC. 12.   SEC. 11.   Section 188.5 of
the Streets and Highways Code is amended to read:
   188.5.  (a) The Legislature finds and declares all of the
following:
   (1) The department has determined that in order to provide maximum
safety for the traveling public and to ensure continuous and
unimpeded operation of the state's transportation network, six
state-owned toll bridges are in need of a seismic safety retrofit,
and one state-owned toll bridge is in need of a partial retrofit and
a partial replacement.
   (2) The bridges identified by the department as needing seismic
retrofit are the Benicia-Martinez Bridge, the Carquinez Bridge, the
Richmond-San Rafael Bridge, the San Mateo-Hayward Bridge, the San
Pedro-Terminal Island Bridge (also known as the Vincent Thomas
Bridge), the San Diego-Coronado Bridge, and the west span of the San
Francisco-Oakland Bay Bridge. The department has also identified the
east span of the San Francisco-Oakland Bay Bridge as needing to be
replaced. That replacement span will be safer, stronger, longer
lasting, and more cost efficient to maintain than completing a
seismic retrofit for the current east span.
   (3) The south span of the Carquinez Bridge is to be replaced
pursuant to Regional Measure 1, as described in Section 30917.
   (4) The cost estimate to retrofit the state-owned toll bridges and
to replace the east span of the San Francisco-Oakland Bay Bridge is
four billion six hundred thirty-seven million dollars
($4,637,000,000), as follows:
   (A) The Benicia-Martinez Bridge retrofit is one hundred ninety
million dollars ($190,000,000).
   (B) The north span of the Carquinez Bridge retrofit is one hundred
twenty-five million dollars ($125,000,000).
   (C) The Richmond-San Rafael Bridge retrofit is six hundred
sixty-five million dollars ($665,000,000).
   (D) The San Mateo-Hayward Bridge retrofit is one hundred ninety
million dollars ($190,000,000).
   (E) The San Pedro-Terminal Island Bridge retrofit is sixty-two
million dollars ($62,000,000).
   (F) The San Diego-Coronado Bridge retrofit is one hundred five
million dollars ($105,000,000).
   (G) The west span of the San Francisco-Oakland Bay Bridge
retrofit, as a lifeline bridge, is seven hundred million dollars
($700,000,000).
   (H) Replacement of the east span of the San Francisco-Oakland Bay
Bridge is two billion six hundred million dollars ($2,600,000,000).
   (b) It is the intent of the Legislature that the following amounts
from the following funds shall be allocated until expended, for the
seismic retrofit or replacement of state-owned toll bridges:
   (1) Six hundred fifty million dollars ($650,000,000) from the 1996
Seismic Retrofit Account in the Seismic Retrofit Bond Fund of 1996
for the seven state-owned toll bridges identified by the department
as requiring seismic safety retrofit or replacement.
   (2) One hundred forty million dollars ($140,000,000) in surplus
revenues generated under the Seismic Retrofit Bond Act of 1996 that
are in excess of the amount actually necessary to complete Phase Two
of the state's seismic retrofit program. These excess funds shall be
reallocated to assist in financing seismic retrofit of the
state-owned toll bridges.
   (3) Fifteen million dollars ($15,000,000) from the Vincent Thomas
Toll Bridge Revenue Account.
   (4) The funds necessary to meet both of the following:
   (A) A principal obligation of two billion two hundred eighty-two
million dollars ($2,282,000,000) from the seismic retrofit surcharge,
including any interest therefrom, imposed pursuant to Section 31010,
subject to the limitation set forth in subdivision (c) and
subdivision (b) of Section 31010.
   (B) All costs of financing, including capitalized interest,
reserves, costs of issuance, costs of credit enhancements and any
other financial products necessary or desirable in connection
therewith, and any other costs related to financing.
   (5) Thirty-three million dollars ($33,000,000) from the San
Diego-Coronado Toll Bridge Revenue Fund.
   (6) Not less than seven hundred forty-five million dollars
($745,000,000) from the State Highway Account to be used toward the
eight hundred seventy-five million dollars ($875,000,000) state
contribution, to be achieved as follows:
   (A) (i) Two hundred million dollars ($200,000,000) to be
appropriated for the state-local transportation partnership program
described in paragraph (7) of subdivision (d) of Section 164, prior
to its repeal by Chapter 622 of the Statutes of 1997, for the 1998-99
fiscal year.
   (ii) The remaining funds intended for that program and any program
savings to be made available for toll bridge seismic retrofit.
   (B) A reduction of not more than seventy-five million dollars
($75,000,000) in the funding level specified in paragraph (4) of
subdivision (d) of Section 164, prior to its repeal by Chapter 622 of
the Statutes of 1997, for traffic system management.
   (C) Three hundred million dollars ($300,000,000) in accumulated
savings by the department achieved from better efficiency and lower
costs.
   (7) Not more than one hundred thirty million dollars
($130,000,000) from the Transit Capital Improvement Program funded by
the Public Transportation Account in the State Transportation Fund
to be used toward the eight hundred seventy-five million dollars
($875,000,000) state contribution. If the contribution in
subparagraph (A) of paragraph (6) exceeds three hundred seventy
million dollars ($370,000,000), it is the intent that the amount from
the Transit Capital Improvement Program shall be reduced by an
amount that is equal to that excess.
   (8) (A) The funds necessary to meet principal obligations of not
less than six hundred forty-two million dollars ($642,000,000) from
the state's share of the federal Highway Bridge Replacement and
Rehabilitation (HBRR) Program.
   (B) If the project costs exceed four billion six hundred
thirty-seven million dollars ($4,637,000,000), the department may
program not more than four hundred forty-eight million dollars
($448,000,000) in project savings or other available resources from
the Interregional Transportation Improvement Program, the State
Highway Operation and Protection Program, or federal bridge funds for
that purpose.
   (C) None of the funds identified in subparagraph (B) may be
expended for any purpose other than the conditions and design
features described in paragraph (9).
   (9) The estimated cost of replacing the San Francisco-Oakland Bay
Bridge listed in subparagraph (H) of paragraph (4) of subdivision (a)
is based on the following conditions:
   (A) The new bridge shall be located north adjacent to the existing
bridge and shall be the Replacement Alternative N-6 (preferred)
Suspension Structure Variation, as specified in the Final
Environmental Impact Statement, dated May 1, 2001, submitted by the
department to the Federal Highway Administration.
   (B) The main span of the bridge shall be in the form of a single
tower cable suspension design and shall be the Replacement
Alternative N-6 (preferred) Suspension Structure Variation, as
specified in the Final Environmental Impact Statement, dated May 1,
2001, submitted by the department to the Federal Highway
Administration.
   (C) The roadway in each direction shall consist of five lanes,
each lane will be 12 feet wide, and there shall be 10-foot shoulders
as an emergency lane for public safety purposes on each side of the
main-traveled way.
   (c) If the actual cost of retrofit or replacement, or both
retrofit and replacement, of toll bridges is less than the cost
estimate of four billion six hundred thirty-seven million dollars
($4,637,000,000), there shall be a reduction in the amount provided
in paragraph (4) of subdivision (b) equal to the proportion of total
funds committed to complete the projects funded from funds generated
from paragraph (4) of subdivision (b) as compared to the total funds
from paragraphs (6), (7), and (8) of subdivision (b), and there shall
be a proportional reduction in the amount specified in paragraph (8)
of subdivision (b).
   (d) If the department determines that the actual costs exceed the
amounts identified in subparagraph (B) of paragraph (8) of
subdivision (b), the department shall report to the Legislature
within 90 days from the date of that determination as to the
difference and the reason for the increase in costs.
   (e) Notwithstanding any other provision of law, the commission
shall adopt fund estimates consistent with subdivision (b) and
Section 188.6 and provide flexibility so that state funds can be made
available to match federal funds made available to regional
transportation planning agencies.
   (f) For the purposes of this section, "principal obligations" are
the amount of funds generated, either in cash, obligation authority,
or the proceeds of a bond or other indebtedness.
   SEC. 13.   SEC. 12.   Section 525 of the
Streets and Highways Code is amended to read:
   525.  (a) Route 225 is from Route 101 near Santa Barbara to Route
101 near the Santa Barbara Central Business District.
   (b) Notwithstanding subdivision (a), the commission may relinquish
to the City of Santa Barbara the entire Route 225 within the
jurisdiction of the city, between the Route 101/225 separation at Las
Positas Road and the Castillo Street interchange with Route 101, on
terms and conditions that the commission finds to be in the best
interests of the state, if the department and the city enter into an
agreement providing for that relinquishment. The following conditions
shall apply upon relinquishment:
   (1) The relinquishment shall become effective on the date
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.
   (2) On and after the effective date of the relinquishment, Route
225 shall cease to be a state highway and shall be ineligible for
future adoption under Section 81.
   SEC. 14.   SEC. 13.   Section 21100.4 of
the Vehicle Code is amended to read:
   21100.4.  (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 shall issue a warrant or order authorizing the peace
officer or designated local transportation officer to immediately
seize and cause the removal of the vehicle. As used in this section,
"designated local transportation officer" means any local public
officer employed by a local authority to investigate and enforce
local taxicab and vehicle for hire laws and regulations.
   (2) The warrant or court order may be entered into a computerized
database.
   (3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
   (4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
   (b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
   (C) When the vehicle is a rental car.
   (2) A vehicle may not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, and proof of current vehicle registration, or upon order of
the court.
   (c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
   (2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
   (A) The name, address, and telephone number of the agency
providing the notice.
   (B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
   (C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
   (D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
   (3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
   (4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
   (5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
                              (6) The agency employing the peace
officer or designated local transportation officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that reasonable grounds for the storage are
not established.
   (d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
   (e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
   (2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
   (B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
   (C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
   (D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
   (E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
   (3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
   (B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
   (C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require
any documents to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
or any person in possession of the vehicle, or anyone acting on
behalf of them, that the agent is exempt from licensure pursuant to
Section 7500.2 or 7500.3 of the Business and Professions Code.
   (D) An administrative cost authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent. The law enforcement agency, impounding agency,
or any other governmental agency, or any person acting on behalf of
those agencies, shall not require any documents other than those
specified in this paragraph. The law enforcement agency, impounding
agency, or other governmental agency, or any person acting on behalf
of those agencies, may not require any documents to be notarized. The
legal owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
   (4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
   (f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner until the termination of the
impoundment period.
   (2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license, and an operator'
s license that is in compliance with the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, to the legal owner or the legal owner's agent. The legal owner
or the legal owner's agent or the person in possession of the
vehicle shall make every reasonable effort to ensure that the
licenses presented are valid and possession of the vehicle will not
be given to the driver who was involved in the original impoundment
proceeding until the expiration of the impoundment period.
   (3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
   (4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a civil penalty in the amount of two
thousand dollars ($2,000).
   (5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
   (g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent if the release complies with this section. The legal owner
shall indemnify and hold harmless a storage facility from any claims
arising out of the release of the vehicle to the legal owner or the
legal owner's agent and from any damage to the vehicle after its
release, including the reasonable costs associated with defending any
such claims. A law enforcement agency shall not refuse to issue a
release to a legal owner or the agent of a legal owner on the grounds
that it previously issued a release. 
  SEC. 15.    Section 23123.5 of the Vehicle Code is
amended to read:
   23123.5.  (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication, unless the person is using a
voice-operated, hands-free device.
   (b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or e-mail.
   (c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
   (d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties. 
   SEC. 16.   SEC. 14.   No reimbursement
is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.