BILL NUMBER: AB 2291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member  Gordon  
Blumenfield 

                        FEBRUARY 24, 2012

    An act to amend Section 56434 of the Government Code,
relating to local government.   An act to amend Section
21100 of the Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2291, as amended,  Gordon   Blumenfield
 .  Local agency formation: extension of services.
  Vehicles: advertising signs.  
   Existing law authorizes local authorities to adopt rules and
regulations by ordinance or resolution regarding specified matters,
including, among other things, regulating advertising signs on motor
vehicles parked or left standing upon a public street. Existing law
provides that the ordinance or resolution may establish a minimum
distance that the advertising sign shall be moved after a specified
time period.  
   Existing law excludes from the above authorization advertising
signs that are painted directly upon or are permanently affixed to
the body of, an integral part of, or a fixture of a motor vehicle for
permanent decoration, identification, or display and that do not
extend beyond the overall length, width, or height of the vehicle.
 
   This bill would define "permanently affixed" for the purpose of
this exclusion.  
   Existing law, the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, authorizes a local agency formation
commission, until January 1, 2013, to review and comment on the
extension of services into previously unserved territory within
unincorporated areas and the creation of new service providers to
extend urban-type development into previously unserved areas to
ensure that the proposed extension is consistent with the policies of
the commission and certain policies under state law. 

   This bill would eliminate the repeal date of January 1, 2013.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION   1   .    Section 
 21100 of the   Vehicle Code   is amended to
read: 
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding  all of  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. The ordinance or resolution
may establish a minimum distance that a mobile billboard advertising
display shall be moved after a specified time period.
   (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) (1) Regulating advertising signs on motor vehicles parked or
left standing upon a public street. The ordinance or resolution may
establish a minimum distance that the advertising sign shall be moved
after a specified time period.
   (2) Paragraph (1) does not apply to advertising signs that are
painted directly upon or are permanently affixed to the body of, an
integral part of, or  a  fixture of a motor vehicle for
permanent decoration, identification, or display and that do not
extend beyond the overall length, width, or  heighth
  height  of the vehicle. 
   (3) As used in paragraph (2), "permanently affixed" means any of
the following:  
   (A) Painted directly on the body of a motor vehicle.  
   (B) Applied as a decal on the body of a motor vehicle.  
   (C) Placed in a location on the body of a motor vehicle that was
specifically designed by a licensed manufacturer, in compliance with
both state and federal law or guidelines, for the express purpose of
containing an advertising sign.  
  SECTION 1.    Section 56434 of the Government Code
is amended to read:
   56434.  (a) The commission may review and comment upon both of the
following:
   (1) The extension of services into previously unserved territory
within unincorporated areas.
   (2) The creation of new service providers to extend urban type
development into previously unserved territory within unincorporated
areas.
   (b) The purpose of the review authorized by this section shall be
to ensure that the proposed extension of services or creation of new
service providers is consistent with the policies of Sections 56001,
56300, 56301, and the adopted policies of the commission implementing
these sections, including promoting orderly development,
discouraging urban sprawl, preserving open space and prime
agricultural lands, providing housing for persons and families of all
incomes, and the efficient extension of governmental services.