BILL NUMBER: AB 2679	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN SENATE  MAY 31, 2012
	AMENDED IN ASSEMBLY  MARCH 27, 2012

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

                        MARCH 6, 2012

   An act to amend Sections 935.7, 14685, and 29532.4 of the
Government Code, to amend Sections 99155, 99155.5, 99206.5, 99207,
99214, 99220, 99233.12, 99238, 99238.5, 99260.7, 99262, 99268.5,
99285.2, and 99401.5 of the Public Utilities Code, to amend Sections
6480.1 and 60116 of the Revenue and Taxation Code, to amend Sections
349, 366, 374, 392, 411, 446, 452, 478, 485, 493, 527, and 538 of,
and to amend and repeal Section 410 of  ,  the Streets and
Highways Code, and to amend Sections  22561  
22112, 22500.5, 22504,   22651,  and 29004 of, and to
repeal Section 27314.5 of, the Vehicle Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2679, as amended, Committee on Transportation. Transportation:
omnibus bill.
   (1) Existing law authorizes the Department of Transportation
(department) to pay claims or damages up to a maximum of $5,000
without the approval of the California Victim Compensation and
Government Claims Board.
   This bill would adjust the claim limit that may be paid by the
department under these provisions to equal the maximum amount of a
claim that can be brought in small claims court.
   (2) Existing law authorizes the Department of General Services to
establish rules and regulations for the use and maintenance of state
buildings and grounds.
   This bill would permit the riding of bicycles on designated
pathways on the grounds of the State Capitol in order to access
bicycle racks near the building entrances.
   (3) Existing law, the Mills-Alquist-Deddeh Act, also known as the
Transportation Development Act, provides for funding of local public
transit systems throughout the state and requires, among other
things, specified special accommodations for handicapped persons, as
defined, on public transit systems.
   This bill would replace the term "handicapped" with the term
"disabled" throughout the act.
   (4) Existing law authorizes the Solano County Transportation
Authority to claim up to 2% of local transportation funds available
under the Transportation Development Act for countywide transit
planning and coordination relative to Solano County.
   This bill would authorize the authority to claim up to 2.7% of
those funds for these purposes.
   (5) Existing law creates transportation commissions or authorities
in certain counties, including Imperial and Los Angeles Counties,
with various responsibilities relating to transportation planning and
programming, among other things.
   This bill would update various obsolete references to the Imperial
County Transportation Commission and to the Los Angeles County
Metropolitan Transportation Authority to reflect their current names.

   (6) 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 acknowledge the relinquishment of the portion of
Route 49 in the City of Auburn, the portions of Route 66 in the
Cities of Fontana, Rancho Cucamonga, Upland, and Claremont, the
portions of Route 74 in the Cities of Palm Desert and Lake Elsinor,
the portion of Route 92 in the City of Hayward, a portion of Route
110 in the City of Los Angeles, the portion of Route 111 in the City
of Cathedral City, the portion of Route 146 in the City of Soledad,
the portion of Route 152 in the City of Watsonville, the portion of
Route 178 in the City of Bakersfield, the portion of Route 185 in the
City of Hayward, the portion of Route 193 in the City of Lincoln,
the portions of Route 227 in the Cities of Arroyo Grande and San Luis
Obispo, and the portion of Route 238 in the City of Hayward. 
   (7) Existing law requires the driver of a schoolbus to activate a
flashing amber light warning system on the approach to a schoolbus
stop where pupils are loading or unloading from the schoolbus and to
operate flashing red signal lights and a stop signal arm at all times
when the schoolbus is stopped for the purpose of loading or
unloading pupils. Existing law also requires a schoolbus driver to
load or unload pupils only at a schoolbus stop designated for pupils
by the school district superintendent or authorized by the
superintendent for school activity trips.  
   This bill would also authorize the director, head, or principal of
a private school to designate schoolbus stops for loading or
unloading pupils or for school activity trips.  
   Existing law prohibits a schoolbus driver from activating the
amber warning light system or the flashing red signal lights and stop
signal arm at a location determined by a school district, with the
approval of the Department of the California Highway Patrol, to
present a traffic or safety hazard.  
   This bill would also make this prohibition applicable to locations
determined by private schools to present a traffic or safety hazard.
 
   (8) Existing law prohibits any person from stopping, parking, or
leaving a vehicle standing, among other places, on a crosswalk,
except for a bus engaged as a common carrier or a taxicab stopped for
the purpose of loading or unloading passengers, pursuant to a city
ordinance. Existing law authorizes a transit system and a school
district to enter into an agreement, by ordinance, for the loading or
unloading of passengers alongside curb spaces designated for the
loading or unloading of passengers of the transit system buses. 

   This bill would authorize a transit system to enter into an
agreement with a private school for the same purposes. The bill would
also prohibit a schoolbus stop at a location otherwise prohibited by
law, and other specified locations, without the approval of, and
authorization by, the Department of the California Highway Patrol.
 
   (9) Existing law authorizes the governing board of a school
district to designate a schoolbus stop at a place where there is not
a clear view of the stop from a distance of 200 feet in each
direction along a highway, if it is necessary for the safety of
pupils being transported to and from schools, and the stop is
authorized and approved by the Department of the California Highway
Patrol.  
   This bill would require, where there is not a clear view of a
schoolbus stop from a distance of 200 feet in each direction along a
highway, or where there is not a clear view of a schoolbus stop from
500 feet in each direction along the main portion of a highway and
the speed limit is more than 25 miles per hour, that the stop may
only be authorized annually by the Department of the California
Highway Patrol upon the request of a school district superintendent
or the director, head, or principal of a private school. 

   (7) 
    (10)  Existing law imposes excise taxes and sales and
use taxes on motor vehicle fuel, commonly known as gasoline, on jet
fuel, and on diesel fuel. Existing law requires the State Board of
Equalization to make specified annual adjustments to the tax rates to
ensure the revenue neutrality under previously enacted statutory
modifications of these tax rates, under which modifications certain
taxes increased while others decreased. Existing law requires
prepayment of a certain portion of the sales tax liability on these
fuels based on annual estimates made by the State Board of
Equalization that rely on a specified report of the State Energy
Resources Conservation and Development Commission to determine the
retail price of fuel.
   This bill would require the annual adjustments to sales tax
prepayment rates to be made at the same time as the annual
adjustments of the fuel tax rates, and would provide for the
prepayment rates to account for any changes in the fuel tax rates.
The bill would delete the reference to the specified report for
determining the retail price of fuels and would instead authorize the
board to rely on industry publications reporting that information.
The bill would make other related changes. 
   (8) 
    (11)  Existing law provides for the towing and
impounding of vehicles that are, among other things, obstructing a
highway, recovered as stolen, abandoned, or illegally parked and
provides procedures for a person to recover his or her vehicle from
impoundment.
   Existing law specifies requirements relating to securing towed
vehicles on certain carriers.
   This bill would make technical changes to the procedures for
towing a vehicle and for recovering a vehicle from impoundment.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 935.7 of the Government Code is amended to
read:
   935.7.  (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
California Victim Compensation and Government Claims Board if both of
the following conditions exist:
   (1) The amount claimed is equal to or less than the amount
specified as the small claims court jurisdictional amount in Section
116.221 of the Code of Civil Procedure.
   (2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
   (b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
   (c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.
  SEC. 2.  Section 14685 of the Government Code is amended to read:
   14685.  (a) The director shall appoint assistants, clerks, and
employees as may be necessary to maintain the state buildings and
grounds. The employees shall not have or perform the duties or
functions of peace officers.
   The department may establish rules and regulations for the
government and maintenance of the state buildings and grounds
consistent with this section. Every person who violates or attempts
to violate the rules and regulations is guilty of a misdemeanor.
   (b) Information regarding missing children provided by the
Department of Justice pursuant to Section 11114.1 of the Penal Code
shall be posted in public areas of all state-owned or leased
buildings that have at least 20,000 square feet of office space, or
that are staffed by at least 50 employees, or where service is
provided to the general public and in other public areas of
state-owned or leased buildings as determined by the department to be
reasonable.
   (c) (1) Consistent with this section, the Department of the
California Highway Patrol may establish rules and regulations
pertaining to the protection of state employees, properties,
buildings and grounds, and occupants of state properties, including,
but not limited to, the issuance of permits concerning the use of
state buildings, properties, and grounds.
   (2) A violation of any rule or regulation adopted pursuant to
paragraph (1) is a misdemeanor.
   (3) This subdivision does not apply to state buildings or grounds
owned, leased, rented, controlled, used, or occupied by the
University of California, the California State University, Hastings
College of the Law, the California Exposition and State Fair, the
state hospitals of the State Department of Mental Health or the State
Department of Developmental Services, the institutions and camps of
the Department of Corrections  and Rehabilitation  or the
 Department of the Youth Authority   Division of
Juvenile Justice , and the parks and beaches of the Department
of Parks and Recreation.
   (d) Notwithstanding any other law, the riding of a bicycle on
paved paths or walkways that are on the grounds of the State Capitol
and that the Department of the California Highway Patrol has
designated as routes to access bicycle parking racks adjacent to
entrances to the State Capitol is permitted if the bicycle is ridden
in a manner that is reasonable and prudent, having due regard for
pedestrians, weather conditions, visibility, other traffic, and the
surface and width of the path or walkway.
  SEC. 3.  Section 29532.4 of the Government Code is amended to read:

   29532.4.  (a) Notwithstanding subdivision (d) of Section 29532,
the county transportation commission created in the Counties of Los
Angeles, Orange, Riverside, and San Bernardino by Division 12
(commencing with Section 130000) of the Public Utilities Code shall
not be designated by the Director of Transportation as the
transportation planning agency for the area under its jurisdiction,
and the Imperial Valley Association of Governments in Imperial County
shall not be designated the transportation planning agency for the
area under its jurisdiction.
   (b) Notwithstanding Section 29532, for the purposes of Chapter 4
(commencing with Section 99200) of Part 11 of Division 10 of the
Public Utilities Code, "transportation planning agency" means the
county transportation commission created in the Counties of Los
Angeles, Orange, Riverside, San Bernardino, and Ventura by Division
12 (commencing with Section 130000) of the Public Utilities Code, and
also includes the County Transportation Commission in Imperial
County. The county auditor in each of those counties shall pay to the
public transportation entities in the county the amounts allocated
by the respective commissions or that association of governments, as
the case may be.
  SEC. 4.  Section 99155 of the Public Utilities Code is amended to
read:
   99155.  (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or for profit, which offers reduced
fares to senior citizens shall honor the federal Medicare
identification card as sufficient identification to receive reduced
fares. A transit operator which offers reduced fares to those senior
citizens who are less than 65 years old shall also honor the senior
citizen identification card issued pursuant to subdivision (b) of
Section 13000 of the Vehicle Code.
   (b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
disabled persons, as defined by Section 99206.5, disabled persons, as
defined by Section 295.5 of the Vehicle Code, and disabled veterans,
as defined by Section 295.7 of the Vehicle Code, at the same rate
established for senior citizens. A transit operator shall honor the
disabled person or disabled veteran placard identification card
issued pursuant to Section 22511.55 of the Vehicle Code.
   (c) Every transit operator that offers reduced fares to disabled
persons shall honor any current identification card that is valid for
the type of transportation service or discount requested and that
has been issued to an individual with a disability by another transit
operator.
   (d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the disabled, but does not apply
to a private nonprofit entity which serves the disabled or elderly.
   (e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
   (f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)), shall not require that a person
requesting transportation be a resident of that transit operator's
service area.
  SEC. 5.  Section 99155.5 of the Public Utilities Code is amended to
read:
   99155.5.  (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to disabled persons, as defined in
Section 99206.5. It is intended that transportation service be
provided for employment, education, medical, and personal reasons.
Transportation for individuals with disabilities is a necessity, and
allows these persons to fully participate in our society.
   The Legislature finds and declares that the term "paratransit," as
used in the federal Americans with Disabilities Act of 1990 (Public
Law 101-336), refers to transportation services with specific
criteria of quality and quantity, and which are required to be made
available to limited classes of persons based on eligibility
categories; this is often referred to as "ADA paratransit" or
"complementary paratransit." The Legislature finds and declares that
the terms "paratransit" and "dial-a-ride," as used in the laws of
this state, apply to a broader range of transportation services and
that not all individuals with disabilities under the laws of this
state are eligible for "ADA paratransit" under the federal law.
   (b) Each transit operator, for profit or nonprofit, which
provides, or contracts for the provision of, dial-a-ride or
paratransit service for individuals with disabilities and which
receives public funding pursuant to the Mills-Alquist-Deddeh Act
(Chapter 4 (commencing with Section 99200)) for that service shall
provide the service without regard to either of the following:
   (1) Whether the person is a member of a household which owns a
motor vehicle.
   (2) Whether the place of residence of the person who requests
transportation service is within the service area of the provider. To
the extent that they are eligible for the specified service
requested, all persons requesting transportation service in the
service area of the provider shall be provided service on the same
terms and at the same price that service is provided to other persons
residing within the service area of the provider.
   (c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
   (d) Except as required by the federal Americans with Disabilities
Act of 1990 (Public Law 101-336) and federal regulations adopted
pursuant thereto or by higher standards prescribed by the laws of
this state, nothing in this section requires any transit operator
which provides service to individuals with disabilities in a manner
consistent with subdivision (b) to make those services available
outside the operator's established operating service area, or
requires the operator to make the presentation of identification a
condition to using the service.
   (e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
   (f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.
  SEC. 6.  Section 99206.5 of the Public Utilities Code is amended to
read:
   99206.5.  "Disabled person" means any individual who by reason of
illness, injury, age, congenital malfunction, or other permanent or
temporary incapacity or disability, including, but not limited to,
any individual confined to a wheelchair, is unable, without special
facilities or special planning or design, to utilize public
transportation facilities and services as effectively as a person who
is not so affected.
   As used in this section, a temporary incapacity or disability is
an incapacity or a disability which lasts more than 90 days.
  SEC. 7.  Section 99207 of the Public Utilities Code is amended to
read:
   99207.  (a) "Included municipal operator" means a city or county
which is included, in whole or in part, within a transit district or
which has been extended the authority to join a transit district by
that district's enabling legislation, and in which city or county
public transportation services have continuously been provided, since
at least January 1, 1971, by the city or county, by a nonprofit
corporation or other legal entity wholly owned by the city or county,
or by the University of California.
   (b) "Included municipal operator" also means the City and County
of San Francisco and the Counties of Alameda and Contra Costa with
respect to any portion of the unincorporated area thereof, and any
city in those counties, which is outside the area of the
Alameda-Contra Costa Transit District and which is not receiving
adequate local public transportation services, as determined by the
Metropolitan Transportation Commission, from any of the transit
districts which includes the county or city, taking into
consideration, among other things, the amount of such services needed
in the county or city, the cost to provide such services, and the
amount of such services provided in other areas of the transit
district as compared to their needs.
   (c) "Included municipal operator" also means any city within the
County of Sacramento which (1) is outside the activated boundaries of
the Sacramento Regional Transit District, (2) contracts with the
district for transit services, and (3) provides local transit
services within the city that the Sacramento Area Council of
Governments annually determines can be better provided by the city
than the district, taking into consideration, among other things, the
amount and the nature of the services required in the city, the
ability of the district to provide the services, the coordination of
the services with district services, the remoteness of the city in
relation to other district services, the cost of providing the
services, the funds available to provide the services, and the amount
of services provided in other areas of the district compared to
their needs.
   (d) "Included municipal operator" also means any city or
unincorporated area within the County of Los Angeles (1) that is not
receiving adequate local public transportation services, as
determined by the Los Angeles County Metropolitan Transportation
Authority, from either the Southern California Rapid Transit District
or any currently "included municipal operator" as defined in this
section, and (2) that meets the criteria established by the Los
Angeles County Metropolitan Transportation Authority, taking into
consideration, among other things, the cost to provide such services,
the amount of such services needed in the county or city, the funds
available to provide such services, and the amount of such services
provided in other areas of the county as compared to their needs.
  SEC. 8.  Section 99214 of the Public Utilities Code is amended to
read:
   99214.  (a) "Transportation planning agency" means the entity
designated in Section 29532 of the Government Code.
   (b) "Transportation planning agency" also includes, for purposes
of this chapter, the county transportation commissions created in the
Counties of Los Angeles, Orange, Riverside, San Bernardino, and
Ventura pursuant to Division 12 (commencing with Section 130000).
   (c) "Transportation planning agency" also includes, for purposes
of this chapter, the Imperial County Transportation Commission in
Imperial County.
  SEC. 9.  Section 99220 of the Public Utilities Code is amended to
read:
   99220.  The Legislature finds and declares as follows:
   (a) Public transportation is an essential component of the
balanced transportation system which must be maintained and developed
so as to permit the efficient and orderly movement of people and
goods in the urban areas of the state. Because public transportation
systems provide an essential public service, it is desirable that
such systems be designed and operated in such a manner as to
encourage maximum utilization of the efficiencies of the service for
the benefit of the total transportation system of the state and all
the people of the state, including the elderly, the disabled, the
youth, and the citizens of limited means.
   (b) The fostering, continuance, and development of public
transportation systems are a matter of state concern. Excessive
reliance on the private automobile for transportation has caused air
pollution and traffic congestion in California's urban areas, and
such pollution and congestion are not confined to single incorporated
areas but affect entire regions. Furthermore, public transportation
systems which are not designed so as to be usable by disabled persons
foster increased welfare costs and the waste of human resources.
Thus, the Legislature has elected to deal with the multiple problems
caused by lack of adequate public transportation on a regional basis
through the counties, with coordination of the programs being the
responsibility of the state pursuant to contract with county
governments.
   (c) While providing county assistance to a particular
transportation system may not be of primary interest and benefit to
each and every taxpayer in a county, providing an integrated and
coordinated system to meet the public transportation needs of an
entire county will benefit the county as a whole. It is the purpose
of this chapter to provide for such systems in those counties where
they are needed.
   (d) The local transportation funds authorized by Article 11
(commencing with Section 29530) of Chapter 2 of Division 3 of Title 3
of the Government Code are made possible by the imposition of the
state's sales and use taxes on motor vehicle fuel, which allows for a
reduction in state taxes without a corresponding loss in revenue. By
authorizing counties to increase their sales and use taxes, an
additional source of revenue has been made available for public
transportation within such counties. Applicants for a disbursement
from a local transportation fund shall only be eligible for an
allocation from the fund of the county in which such transportation
is provided.
  SEC. 10.  Section 99233.12 of the Public Utilities Code is amended
to read:
   99233.12.  Notwithstanding anything in Sections 99233 to 99233.9,
inclusive, to the contrary, the Solano Transportation Authority may
file a claim, and the transportation planning agency may allocate,
for the area representing the cumulative areas of the authority's
member agencies, up to 2.7 percent of annual revenues for countywide
transit planning and coordination purposes relative to Solano County.
Funds allocated to the authority pursuant to this section shall be
allocated after allocations are made pursuant to Sections 99233.1 and
99233.2 but prior to other allocations.
  SEC. 11.  Section 99238 of the Public Utilities Code is amended to
read:
   99238.  Each transportation planning agency shall provide for the
establishment of a social services transportation advisory council
for each county, or counties operating under a joint powers
agreement, which is not subject to the apportionment restriction
established in Section 99232.
   (a) The social services transportation advisory council shall
consist of the following members:
   (1) One representative of potential transit users who is 60 years
of age or older.
   (2) One representative of potential transit users who is disabled.

   (3) Two representatives of the local social service providers for
seniors, including one representative of a social service
transportation provider, if one exists.
   (4) Two representatives of local social service providers for the
disabled, including one representative of a social service
transportation provider, if one exists.
   (5) One representative of a local social service provider for
persons of limited means.
   (6) Two representatives from the local consolidated transportation
service agency, designated pursuant to subdivision (a) of Section
15975 of the Government Code, if one exists, including one
representative from an operator, if one exists.
   (7) The transportation planning agency may appoint additional
members in accordance with the procedure prescribed in subdivision
(b).
   (b) Members of the social services transportation advisory council
shall be appointed by the transportation planning agency which shall
recruit candidates for appointment from a broad representation of
social service and transit providers representing the elderly, the
disabled, and persons of limited means. In appointing council
members, the transportation planning agency shall strive to attain
geographic and minority representation among council members. Of the
initial appointments to the council, one-third of them shall be for a
one-year term, one-third shall be for a two-year term, and one-third
shall be for a three-year term. Subsequent to the initial
appointment, the term of appointment shall be for three years, which
may be renewed for an additional three-year term. The transportation
planning agency may, at its discretion, delegate its responsibilities
for appointment pursuant to this subdivision to the board of
supervisors.
   (c) The social services transportation advisory council shall have
the following responsibilities:
   (1) Annually participate in the identification of transit needs in
the jurisdiction, including unmet transit needs that may exist
within the jurisdiction of the council and that may be reasonable to
meet by establishing or contracting for new public transportation or
specialized transportation services or by expanding existing
services.
   (2) Annually review and recommend action by the transportation
planning agency for the area within the jurisdiction of the council
which finds, by resolution, that (A) there are no unmet transit
needs, (B) there are no unmet transit needs that are reasonable to
meet, or (C) there are unmet transit needs, including needs that are
reasonable to meet.
   (3) Advise the transportation planning agency on any other major
transit issues, including the coordination and consolidation of
specialized transportation services.
   (d) It is the intent of the Legislature that duplicative advisory
councils shall not be established where transit advisory councils
currently exist and that those existing advisory councils shall,
instead, become part of the social services transportation advisory
council and shall assume any new responsibilities pursuant to this
section.
  SEC. 12.  Section 99238.5 of the Public Utilities Code is amended
to read:
   99238.5.  (a) The transportation planning agency shall ensure the
establishment and implementation of a citizen participation process
appropriate for each county, or counties if operating under a joint
powers agreement, utilizing the social services transportation
advisory council as a mechanism to solicit the input of transit
dependent and transit disadvantaged persons, including the elderly,
disabled, and persons of limited means. The process shall include
provisions for at least one public hearing in the jurisdiction
represented by the social services transportation advisory council.
Hearings shall be scheduled to ensure broad community participation
and, if possible, the location of the hearings shall be rotated among
the various communities within the advisory council's jurisdiction.
Notice of the hearing, including the date, place, and specific
purpose of the hearing shall be given at least 30 days in advance
through publication in a newspaper of general circulation. The
transportation planning agency shall also send written notification
to those persons and organizations which have indicated, through its
citizen participation or any other source of information, an interest
in the subject of the hearing.
   (b) In addition to public hearings, the transportation planning
agency shall consider other methods of obtaining public feedback on
public transportation needs. Those methods may include, but are not
limited to, teleconferencing, questionnaires, telecanvassing, and
electronic mail.
  SEC. 13.  Section 99260.7 of the Public Utilities Code is amended
to read:
   99260.7.  In order to provide, or to contract to provide,
transportation services using vehicles for the exclusive use of
elderly or disabled persons, a city or a county, which is
contributing funds it is eligible to receive under this article to a
joint powers agency of which it is a member to operate a public
transportation system, may also file a claim under this article and
may also file a claim for funds made available pursuant to Section
99313.
  SEC. 14.  Section 99262 of the Public Utilities Code is amended to
read:
   99262.  Claims for public transportation systems may include
claims for money for all purposes necessary and convenient to the
development and operation of the system, including planning and
contributions to the transportation planning process, acquisition of
real property, construction of facilities and buildings, purchase and
replacement of vehicles (including those usable by disabled
persons), and system operation, maintenance, and repair, payment for
any of which purposes may take the form of direct expenditures or
payment of principal and interest on equipment trust certificates,
bonded or other indebtedness, or any amounts in accomplishment of a
defeasance of any outstanding revenue bond indenture.
  SEC. 15.  Section 99268.5 of the Public Utilities Code is amended
to read:
   99268.5.  (a) Commencing with claims for the 1980-81 fiscal year,
no funds shall be allocated under this article in any fiscal year to
an operator providing services using vehicles for the exclusive use
of elderly and disabled persons, unless the operator maintains, for
the fiscal year, a ratio of fare revenues to operating cost, as
defined by subdivision (a) of Section 99247, for those services at
least equal to one-tenth or to the ratio it had for those services
during the 1978-79 fiscal year, whichever is greater.
   (b) Notwithstanding subdivision (a), an operator which provides
both exclusive transportation services for elderly and disabled
persons and regular scheduled public transportation services may be
allocated funds under this article for the exclusive service if the
combined services qualify under Section 99268.1, 99268.2, 99268.3, or
99268.4, as the case may be, and the ratio of fare revenues to
operating cost for the combined service shall not be less than the
ratio required in order to make allocations to the operator for its
regular scheduled services.
   (c) In a county which had less than 500,000 population as
determined by the 1970 federal decennial census and more than 500,000
in population as determined by the 1980 or 1990 federal decennial
census, an operator in the county shall maintain a ratio of fare
revenues to operating cost, as defined by subdivision (a) of Section
99247, at least equal to one-fifth if serving an urbanized area or
one-tenth if serving a nonurbanized area.
  SEC. 16.  Section 99285.2 of the Public Utilities Code is amended
to read:
   99285.2.   Notwithstanding subdivision (a) of Section 99285, any
county transportation commission created pursuant to Division 12
(commencing with Section 130000) may adopt a resolution electing to
approve the proposals to be funded and shall approve only those
claims submitted for its approval.
  SEC. 17.  Section 99401.5 of the Public Utilities Code is amended
to read:

             99401.5.  Prior to making any allocation not directly
related to public transportation services, specialized transportation
services, or facilities provided for the exclusive use of
pedestrians and bicycles, or any allocation for purposes of
subdivision (f) of Section 99400, the transportation planning agency
shall annually do all of the following:
   (a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
   (b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
   (1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the disabled, including
individuals eligible for paratransit and other special transportation
services pursuant to Section 12143 of Title 42 of the United States
Code, the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), and persons of limited means, including, but not
limited to, recipients under the CalWORKs program.
   (2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)(7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
   (3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
   (4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
   (c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.

   (d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
   (e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
   (f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.
  SEC. 18.  Section 6480.1 of the Revenue and Taxation Code is
amended to read:
   6480.1.  (a) At any time that motor vehicle fuel tax or diesel
fuel tax is imposed or would be imposed, but for the dyed diesel fuel
exemption in paragraph (1) of subdivision (a) of Section 60100, or
the train operator exemption in paragraph (7) of subdivision (a) of
Section 60100 or paragraph (11) of subdivision (a) of Section 7401,
or, pursuant to subdivision (f) of Section 6480, would be deemed to
be imposed, on any removal, entry, or sale in this state of motor
vehicle fuel, aircraft jet fuel, or diesel fuel, the supplier shall
collect prepayment of retail sales tax from the person to whom the
motor vehicle fuel, aircraft jet fuel, or diesel fuel is sold.
However, if no sale occurs at the time of imposition of motor vehicle
fuel tax or diesel fuel tax, the supplier shall prepay the retail
sales tax on that motor vehicle fuel, aircraft jet fuel, or diesel
fuel. The prepayment required to be collected by the supplier
constitutes a debt owed by the supplier to this state until paid to
the board, until satisfactory proof has been submitted to prove that
the retailer of the fuel has paid the retail sales tax to the board,
or until a supplier or wholesaler who has consumed the fuel has paid
the use tax to the board. Each supplier shall report and pay the
prepayment amounts to the board, in a form as prescribed by the
board, in the period in which the fuel is sold. On each subsequent
sale of that fuel, each seller, other than the retailer, shall
collect from his or her purchaser a prepayment computed using the
rate applicable at the time of sale. Each supplier shall provide his
or her purchaser with an invoice for, or other evidence of, the
collection of the prepayment amounts which shall be separately stated
thereon.
   (b) (1) A wholesaler shall collect prepayment of the retail sales
tax from the person to whom the motor vehicle fuel, aircraft jet
fuel, or diesel fuel is sold. Each wholesaler shall provide his or
her purchaser with an invoice for or other evidence of the collection
of the prepayment amounts, which shall be separately stated thereon.

   (2) Each wholesaler shall report to the board, in a form as
prescribed by the board and for the period in which the motor vehicle
fuel, aircraft jet fuel, or diesel fuel was sold, all of the
following:
   (A) The number of gallons of fuel sold and the amount of sales tax
prepayments collected by the wholesaler.
   (B) The number of tax-paid gallons purchased and the amount of
sales tax prepayments made by the wholesaler.
   (C) In the event that the amount of sales tax prepayments
collected by the wholesaler is greater than the amount of sales tax
prepayments made by the wholesaler, then the excess constitutes a
debt owed by the wholesaler to the state until paid to the board, or
until satisfactory proof has been submitted that the retailer of the
fuel has paid the tax to the board.
   (c) A supplier or wholesaler who pays the prepayment and issues a
resale certificate to the seller, but subsequently consumes the motor
vehicle fuel, aircraft jet fuel, or diesel fuel, shall be entitled
to a credit against his or her sales and use taxes due and payable
for the period in which the prepayment was made, provided that he or
she reports and pays the use tax to the board on the consumption of
that fuel.
   (d) The amount of a prepayment paid by the retailer or a supplier
or wholesaler who has consumed the motor vehicle fuel, aircraft jet
fuel, or diesel fuel to the seller from whom he or she acquired the
fuel shall constitute a credit against his or her sales and use taxes
due and payable for the period in which the sale was made. Failure
of the supplier or wholesaler to report prepayments or the supplier's
or wholesaler's failure to comply with any other duty under this
article shall not constitute grounds for denial of the credit to the
retailer, supplier, or wholesaler, either on a temporary or permanent
basis or otherwise. To be entitled to the credit, the retailer,
supplier, or wholesaler shall retain for inspection by the board any
receipts, invoices, or other documents showing the amount of sales
tax prepaid to his or her supplier, together with the evidence of
payment.
   (e) The rate of the prepayment required to be collected during the
period from July 1, 1986, through March 31, 1987, shall be four
cents ($0.04) per gallon of motor vehicle fuel distributed or
transferred.
   (f) The rate of prepayment required to be collected for motor
vehicle fuel, aircraft jet fuel, and diesel fuel as established by
the board in effect on January 1, 2013, shall remain in effect
through June 30, 2013.
   (g) On July 1 of each succeeding year, the prepayment rate per
gallon for motor vehicle fuel, rounded to the nearest one-half of one
cent ($0.005), of the required prepayment shall be established by
the board based upon 80 percent of the combined state and local sales
tax rate established by Sections 6051, 6051.2, 6051.3, 6051.5, 7202,
and 7203.1, and Section 35 of Article XIII of the California
Constitution on the arithmetic average selling price (excluding sales
tax) as reported by an industry publication of all grades of
gasoline sold through a self-service gasoline station. The board
shall make its determination of the rate no later than March 1 of the
same year as the effective date of the new rate. Immediately upon
making its determination and setting of the rate, the board shall
each year, no later than May 1, notify every supplier, wholesaler,
and retailer of motor vehicle fuel. In the event the price of fuel
decreases or increases or an exemption from sales tax for sales of
fuel is enacted, and the established rate results in or could result
in prepayments which consistently exceed or are significantly lower
than the retailers' sales tax liability, the board may readjust the
rate.
   (h) On July 1 of each succeeding year, the prepayment rate per
gallon for aircraft jet fuel, rounded to the nearest one-half of one
cent ($0.005), shall be established by the board based upon 80
percent of the combined state and local sales tax rate established by
Sections 6051, 6051.2, 6051.3, 6051.5, 7202, and 7203.1, and Section
35 of Article XIII of the California Constitution on the arithmetic
average selling price (excluding sales and state excise  tax)
  taxes)  as determined by the board. The board
shall make its determination of the rate no later than March 1 of the
year prior to the effective date of the new rate. The rate of the
prepayment required to be collected for aircraft jet fuel shall be
equal to 80 percent of the arithmetic average selling price of
aircraft jet fuel as specified by industry publications. Immediately
upon making its determination and setting of the rate, the board
shall each year, no later than May 1, notify every supplier,
wholesaler, and retailer of aircraft jet fuel. In the event the price
of aircraft jet fuel decreases or increases, and the established
rate results in prepayments that consistently exceed or are
significantly lower than the retailers' sales tax liability, the
board may readjust the rate.
   (i) On July 1 of each succeeding year, the prepayment rate per
gallon for diesel fuel, rounded to the nearest one-half of one cent
($0.005), shall be established by the board based upon 80 percent of
the combined state and local sales tax rate established by Sections
6051, 6051.2, 6051.3, 6051.5, 6051.8, 7202, and 7203.1, and Section
35 of Article XIII of the California Constitution on the arithmetic
average selling price (excluding sales and state excise  tax)
  taxes)  as determined by the board. The board
shall make its determination of the rate no later than March 1 of the
same year as the effective date of the new rate. The rate of the
prepayment required to be collected for diesel fuel shall be equal to
80 percent of the arithmetic average selling price of diesel fuel as
specified by industry publications. Immediately upon making its
determination and setting of the rate, the board shall each year, no
later than May 1, notify every supplier, wholesaler, and retailer of
diesel fuel. In the event the rate of sales tax imposed on sales of
diesel fuel increases or decreases or the price of diesel fuel
decreases or increases, and the established rate results in or could
result in prepayments that consistently exceed or are significantly
lower than the retailers' sales tax liability, the board may readjust
the rate.
   (j) (1) Notwithstanding any other provision of this section, motor
vehicle fuel sold by a supplier or wholesaler to a qualified
purchaser who, pursuant to a contract with the State of California or
its instrumentalities, resells that fuel to the State of California
or its instrumentalities shall be exempt from the prepayment
requirements.
   (2) A qualified purchaser who acquires motor vehicle fuel for
subsequent resale to the State of California or its instrumentalities
pursuant to this subdivision shall furnish to the supplier or
wholesaler from whom the fuel is acquired an exemption certificate,
completed in accordance with any instructions or regulations as the
board may prescribe. The supplier or wholesaler shall retain the
certificate in his or her records in support of the exemption. To
qualify for the prepayment exemption, both of the following
conditions shall apply:
   (A) The qualified purchaser does not take possession of the fuel
at any time.
   (B) The fuel is delivered into storage tanks owned or leased by
the State of California or its instrumentalities via facilities of
the supplier or wholesaler, or by common or contract carriers under
contract with the supplier or wholesaler.
   (3) For purposes of this subdivision, "qualified purchaser" means
a wholesaler who does not have or maintain a storage facility or
facilities for the purpose of selling motor vehicle fuel.
  SEC. 19.  Section 60116 of the Revenue and Taxation Code is amended
to read:
   60116.  (a) Commencing  on  January 1, 1998, and
on each January 1 up to and including January 1, 2013, the board
shall establish a tax rate per gallon, rounded to the nearest
 tenth   one-tenth  of a cent  ($0.001)
 , by multiplying the average retail price per gallon
(including the federal excise tax and excluding the state excise tax
and the sales and use tax) of diesel fuel sold in this state by a
percentage equal to the combined state and local sales tax rate
established by Part 1 (commencing with Section 6001) and Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code and Section 35 of Article XIII of the California
Constitution. The average retail price per gallon shall be the
average of weekly retail prices for the 12-month period ending August
31 of the year prior to the effective date of the new rate. In
determining the average retail price per gallon, the board shall use
the weekly average retail price published by the State Energy
Resources Conservation and Development Commission, in its publication
"Fuel Price And Supply Update." In the event the "Fuel Price And
Supply Update" is delayed or discontinued, the board may base its
determination on other sources of the average retail price of diesel
fuel. The board shall make its determination of the rate no later
than October 1 of the year prior to the effective date of the new
rate.
   (b) The tax rate established by the board on January 1, 2013,
shall remain in effect only through June 30, 2013.
   (c) Commencing on July 1, 2013, and on each July 1 thereafter, the
board shall establish a tax rate per gallon, rounded to the nearest
one-tenth of one cent ($0.001), by multiplying the average retail
price per gallon (including the federal excise tax and excluding the
state excise tax and the sales and use tax) of diesel fuel sold in
this state by a percentage equal to the combined state and local
sales tax rate established by Part 1 (commencing with Section 6001)
and Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code and Section 35 of Article XIII of the
California Constitution. The average retail price per gallon shall be
the average of weekly retail prices for the 12-month period ending
on the last day of January prior to the effective date of the new
rate. In determining the average retail price per gallon, the board
shall use the weekly average retail price as reported by the United
States Energy Information Administration (EIA). In the event the EIA
information is delayed or discontinued, the board may base its
determination on other sources of the average retail price of diesel
fuel. The board shall make its determination of the rate no later
than March 1 of the same year as the effective date of the new rate.
  SEC. 20.  Section 349 of the Streets and Highways Code is amended
to read:
   349.  (a) Route 49 is from:
   (1) Route 41 near Oakhurst to Route 140 at Mariposa.
   (2) Route 140 at Mariposa to Route 120 near Moccasin.
   (3) Route 120 near Chinese Camp to Route 80 near Auburn via the
vicinity of Sonora; via Angels Camp, San Andreas, and Jackson; and
via the vicinity of El Dorado, Diamond Springs, and Placerville.
   (4) Route 80 near Auburn to Route 20 in Grass Valley.
   (5) Route 20 at Nevada City to Route 89 near Sattley via
Downieville.
   (6) Route 89 near Sierraville to Route 70 near Vinton via
Loyalton.
   (b) The relinquished former portion of Route 49 within the City of
Auburn is not a state highway and is not eligible for adoption under
Section 81. For the relinquished former portion of Route 49, the
City of Auburn shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 49  and shall ensure the
continuity of traffic flow on the relinquished portion of Route 49,
including any traffic signal progression  . The city may apply
to the department for approval of a business route designation in
accordance with Chapter 20, Topic 21, of the Highway Design Manual.
  SEC. 21.  Section 366 of the Streets and Highways Code is amended
to read:
   366.  (a) Route 66 is from:
   (1) Route 210 near San Dimas to the Los Angeles-San Bernardino
county line at the western city limit of the City of Upland.
   (2) The eastern city limit of the City of Fontana near Maple
Avenue to Route 215 in San Bernardino.
   (b) The relinquished former portions of Route 66 within the city
limits of the Cities of Fontana, Rancho Cucamonga, and Upland are not
state highways and are not eligible for adoption under Section 81.
For the portions of Route 66 relinquished under this section, the
Cities of Fontana, Rancho Cucamonga,  Rialto,  and Upland
shall maintain within their respective jurisdictions signs directing
motorists to the continuation of Route 66 and  shall  ensure
the continuity of traffic flow on the relinquished portions of Route
66, including any traffic signal progression.
   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Claremont the portion of Route 66 that is
located within the city limits or the sphere of influence of the
city, upon terms and conditions the commission finds to be in the
best interests of the state.
   (2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 66 relinquished under this subdivision
shall cease to be a state highway.
   (B) The portion of Route 66 relinquished under this subdivision
may not be considered for future adoption under Section 81.
   (4) The City of Claremont shall ensure the continuity of traffic
flow on the relinquished portion of Route 66, including any traffic
signal progression.
   (5) For the relinquished portion of Route 66, the City of
Claremont shall maintain signs directing motorists to the
continuation of Route 66.
  SEC. 22.  Section 374 of the Streets and Highways Code is amended
to read:
   374.  (a) Route 74 is from:
   (1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.
   (2) Route 15 near Lake Elsinore to Route 215 near Perris.
   (3) Route 215 near Perris to the southern city limit of Palm
Desert.
   (4) Highway 111 in Palm Desert to Route 10 near Thousand Palms.
   (b) The relinquished former  portion  
portions  of Route 74 within the  City  
Cities  of Palm Desert  is not a state highway
 and Perris   are not state highways  and 
is   are  not eligible for adoption under Section
81. For the relinquished former  portion  
portions  of Route 74, the  City   Cities
 of Palm Desert  and Perris  shall maintain within
 its   jurisdiction   their
respective jurisdictions  signs directing motorists to the
continuation of Route 74  and shall ensure the continuity of
traffic flow on the relinquished portions of Route 74, including any
traffic signal progression  .
   (c) (1) The commission may relinquish to the City of Lake Elsinore
the portion of Route 74 located within the city limits of that city,
upon terms and conditions the commission finds to be in the best
interests of the state.
   (2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the highway
in a manner consistent with professional traffic engineering
standards.
   (3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.
   (4) Any relinquishment agreement shall also require the City of
Lake Elsinore to provide for public notice and the consideration of
public input on the proximate effects of any proposed decision on
traffic flow, residences, or businesses, other than a decision on
routine maintenance.
   (5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify and
hold the department harmless from any liability for any claims made
or damages suffered by any person, including a public entity, as a
result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.
   (6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
   (7) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 74 relinquished shall cease to be a state
highway.
   (B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.
   (8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the relinquished portion of Route 74, including any
traffic signal progression.
   (9) For relinquished portions of Route 74, the City of Lake
Elsinore shall maintain signs directing motorists to the continuation
of Route 74.
  SEC. 23.  Section 392 of the Streets and Highways Code is amended
to read:
   392.  (a) Route 92 is from:
   (1) Route 1 near Half Moon Bay to Route 280.
   (2) Route 280 to Route 580 near Castro Valley and Hayward.
   (b) The relinquished former portion of Route 92 within the City of
Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 92,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 92 or to the state
highway system, as applicable  , and shall   ensure the
continuity of traffic flow on the relinquished portion of Route 92,
including any traffic signal progression  .
  SEC. 24.  Section 410 of the Streets and Highways Code, as amended
by Section 30 of Chapter 525 of the Statutes of 2003, is amended to
read:
   410.  (a) Route 110 is from Route 47 in San Pedro to Glenarm
Street in Pasadena.
   (b) The relinquished former portions of Route 110 that are located
between 9th Street and Gaffey Street in the City of Los Angeles and
Glenarm Street and Colorado Boulevard in Pasadena are not state
highways and are not eligible for adoption under Section 81. For the
relinquished former portions of Route 110, the Cities of Los Angeles
and Pasadena shall maintain within their respective jurisdictions
signs directing motorists to the continuation of Route 110  and
shall ensure the continuity of traffic   flow on the
relinquished portion of Route 110, including any traffic signal
progression  .
  SEC. 25.  Section 410 of the Streets and Highways Code, as added by
Section 1 of Chapter 669 of the Statutes of 2008, is repealed.
  SEC. 26.  Section 411 of the Streets and Highways Code is amended
to read:
   411.  (a) Route 111 is from:
   (1) The international border south of Calexico to Route 78 near
Brawley, passing east of Heber.
   (2) Route 78 near Brawley to Route 86 via the north shore of the
Salton Sea.
   (3) The western city limits of Cathedral City to Route 10 near
Whitewater.
   (b) The relinquished former portions of Route 111  in the
County of Riverside  within the Cities of Cathedral City, 
Coachella,  Indian Wells, Indio, La Quinta, Palm Desert, and
Rancho Mirage are not state highways and are not eligible for
adoption under Section 81. For the relinquished former portions of
Route 111  in the County of Riverside  , the Cities of
Cathedral City,  Coachella,  Indian Wells, Indio, La Quinta,
and Palm Desert, as applicable, shall maintain within their
respective jurisdictions signs directing motorists to the
continuation of Route 111  and shall ensure the continuity of
traffic flow on the relinquished portions of Route 111, including any
traffic signal progression  .
                                      SEC. 27.  Section 446 of the
Streets and Highways Code is amended to read:
   446.  (a) Route 146 is from:
   (1) Route 101 near Soledad to Pinnacles National Monument.
   (2) Pinnacles National Monument to Route 25 in Bear Valley.
   (b) The relinquished former portion of Route 146 within the City
of Soledad is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 146,
the City of Soledad shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 146 until the entire
route has been relinquished  and shall ensure the continuity of
traffic flow on the relinquished portion of Route 146, including any
traffic signal progression  .
   (1) Notwithstanding subdivision (a), the commission may relinquish
to the County of Monterey the portion of Route 146 within the limits
of that county, upon terms and conditions the commission finds to be
in the best interests of the state.
   (2) Notwithstanding subdivision (a), the commission may relinquish
to the County of San Benito the portion of Route 146 within the
limits of that county, upon terms and conditions the commission finds
to be in the best interests of the state.
   (3) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
   (4) On and after the effective date of the relinquishment, that
portion of Route 146 relinquished shall cease to be a state highway
and may not be considered for future adoption under Section 81.
   (5) For portions of Route 146 relinquished under this subdivision,
the Counties of Monterey and San Benito shall maintain within their
jurisdiction signs directing motorists to the continuation of Route
146 until the entire route has been relinquished.
  SEC. 28.  Section 452 of the Streets and Highways Code is amended
to read:
   452.  Route 152 is from:
   (a) Route 1 near Watsonville via Hecker Pass to Route 101 in
Gilroy.
   (b) Route 101 near Gilroy to Route 65 near Sharon via Pacheco
Pass.
   (c) The commission may relinquish to the City of Watsonville the
portion of Route 152, beginning at Route 1 and ending at Beverly
Drive or some segment thereof, within the city limits of the City of
Watsonville, upon terms and conditions the commission finds to be in
the best interests of the state.
   (d) A relinquishment under this section shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (e) On and after the effective date of the relinquishment, both of
the following shall occur:
   (1) The portion of Route 152 relinquished under this section shall
cease to be a state highway.
   (2) The portion of Route 152 relinquished under this section shall
be ineligible for future adoption under Section 81.
   (f) The City of Watsonville shall ensure the continuity of traffic
flow on the relinquished portions of Route 152, including, but not
limited to, any traffic signal progression.
   (g) For those portions of Route 152 that are relinquished, the
City of Watsonville shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 152.
  SEC. 29.  Section 478 of the Streets and Highways Code is amended
to read:
   478.  (a) Route 178 is from:
   (1) Bakersfield to Route 14 near Freeman via Walker Pass.
   (2) Route 14 near Freeman to Route 127.
   (3) Route 127 to the Nevada state line in Pahrump Valley.
   (b) The relinquished former portion of Route 178 within the City
of Bakersfield is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 178, the City of Bakersfield shall install and maintain within
its jurisdiction signs directing motorists to the continuation of
Route 178  and shall ensure the continuity of traffic flow on the
relinquished portion of Route 178, including any traffic signal
progression  .
  SEC. 30.  Section 485 of the Streets and Highways Code is amended
to read:
   485.  (a) Route 185 is from Route 92 in Hayward to Route 77 in
Oakland.
   (b) The relinquished former portion of Route 185 within the City
of Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 185,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 185 or to the state
highway system, as applicable  , and shall ensure the continuity
of traffic flow on the relinquished portion of Route 185, including
any traffic signal progression  .
  SEC. 31.  Section 493 of the Streets and Highways Code is amended
to read:
   493.  (a) Route 193 is from:
   (1) Route 65 near Lincoln to Route 80 near Newcastle.
   (2) Route 49 near Cool to Route 49 near Placerville via
Georgetown.
   (b) The relinquished former portion of Route 193 within the City
of Lincoln is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 193,
the City of Lincoln shall install and maintain within its
jurisdiction signs directing motorists to the continuation of Route
193 to the east and to Routes 65 and 80 to the west  and shall
ensure the continuity of traffic flow on the relinquished portion of
Route 193, including any traffic signal progression  . The city
may apply to the department for approval of a business route
designation in accordance with Chapter 20, Topic 21, of the Highway
Design Manual.
  SEC. 32.  Section 527 of the Streets and Highways Code is amended
to read:
   527.  (a) Route 227 is from Route 1 south of Oceano to Route 101
in San Luis Obispo.
   (b) The relinquished former portions of Route 227 within the
Cities of Arroyo Grande and San Luis Obispo are not state highways
and are not eligible for adoption under Section 81. For the
relinquished former portion of Route 227, the  City 
 Cities of San Luis Obispo  and Arroyo Grande 
shall maintain within  its jurisdiction   their
respective jurisdictions  signs directing motorists to the
continuation of Route 227  and shall ensure the continuity of
traffic flow on the relinquished portion of Route 227, including any
traffic signal progression  .
  SEC. 33.  Section 538 of the Streets and Highways Code is amended
to read:
   538.  (a) Route 238 is from Route 680 in Fremont to Route 61 near
San Lorenzo via Hayward.
   (b) The relinquished former portion of Route 238 within the City
of Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 238,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 238 or to the state
highway system, as applicable  , and shall ensure the continuity
of traffic flow on the relinquished portion of Route 238, including
any traffic signal progression  .
   SEC. 34.    Section 22112 of the   Vehicle
Code   is amended to read: 
   22112.  (a) On approach to a schoolbus stop where pupils are
loading or unloading from a schoolbus, the schoolbus driver shall
activate an approved amber warning light system, if the schoolbus is
so equipped, beginning 200 feet before the schoolbus stop. The
schoolbus driver shall deactivate the amber warning light system
after reaching the schoolbus stop. The schoolbus driver shall operate
the flashing red light signal system and stop signal arm, as
required on the schoolbus, at all times when the schoolbus is stopped
for the purpose of loading or unloading pupils. The flashing red
light signal system, amber warning lights system, and stop signal arm
shall not be operated at any place where traffic is controlled by a
traffic officer or at any location identified in subdivision (e) of
this section. The schoolbus flashing red light signal system, amber
warning lights system, and stop signal arm shall not be operated at
any other time.
   (b) The schoolbus driver shall stop to load or unload pupils only
at a schoolbus stop designated for pupils by the school district
superintendent  or the director, head, or principal of a private
school,  or authorized by  the superintendent 
 any of those individuals  for school activity trips.
   (c) When a schoolbus is stopped on a highway or private road for
the purpose of loading or unloading pupils, at a location where
traffic is not controlled by a traffic officer, the driver shall,
before opening the door, ensure that the flashing red light signal
system and stop signal arm are activated, and that it is safe to
enter or exit the schoolbus.
   (d) When a schoolbus is stopped on a highway or private road for
the purpose of loading or unloading pupils, at a location where
traffic is not controlled by a traffic officer or official traffic
control signal, the schoolbus driver shall do all of the following:
   (1) Escort all pupils in prekindergarten, kindergarten, or any of
grades 1 to 8, inclusive, who need to cross the highway or private
road upon which the schoolbus is stopped. The driver shall use an
approved hand-held "STOP" sign while escorting all pupils.
   (2) Require all pupils who need to cross the highway or private
road upon which the schoolbus is stopped to walk in front of the bus
as they cross.
   (3) Ensure that all pupils who need to cross the highway or
private road upon which the schoolbus is stopped have crossed safely,
and that all other pupils and pedestrians are a safe distance from
the schoolbus before setting the schoolbus in motion.
   (e) Except at a location where pupils are loading or unloading
from a schoolbus and must cross a highway or private road upon which
the schoolbus is stopped, the schoolbus driver may not activate the
amber warning light system, the flashing red light signal system and
stop signal arm at any of the following locations:
   (1) Schoolbus loading zones on or adjacent to school grounds or
during an activity trip, if the schoolbus is lawfully stopped or
parked.
   (2) Where the schoolbus is disabled due to mechanical breakdown.
The driver of a relief bus that arrives at the scene to transport
pupils from the disabled schoolbus shall not activate the amber
warning light system, the flashing red light system, and stop signal
arm.
   (3) Where a pupil requires physical assistance from the driver or
authorized attendant to board or leave the schoolbus and providing
the assistance extends the length of time the schoolbus is stopped
beyond the time required to load or unload a pupil that does not
require physical assistance.
   (4) Where the roadway surface on which the bus is stopped is
partially or completely covered by snow or ice and requiring traffic
to stop would pose a safety hazard as determined by the schoolbus
motor carrier.
   (5) On a state highway with a posted speed limit of 55 miles per
hour or higher where the schoolbus is completely off the main
traveled portion of the highway.
   (6) Any location determined by a school district  or a private
school  , with the approval of the Department of the California
Highway Patrol, to present a traffic or safety hazard.
   (f) Notwithstanding subdivisions (a) to (d), inclusive, the
Department of the California Highway Patrol may require the
activation of an approved flashing amber warning light system, if the
schoolbus is so equipped, or the flashing red light signal system
and stop signal arm, as required on the schoolbus, at any location
where the department determines that the activation is necessary for
the safety of school pupils loading or unloading from a schoolbus.
   SEC. 35.    Section 22500.5 of the   Vehicle
Code   is amended to read: 
   22500.5.  Upon agreement between a transit system operating buses
engaged as common carriers in local transportation and a public
school district  or private school  , local authorities may,
by ordinance, permit schoolbuses owned by, or operated under
contract for, that public school district  or private school
 to stop for the loading or unloading of passengers alongside
any or all curb spaces designated for the loading or unloading of
passengers of the transit system buses.  A schoolbus stop,
permitted pursuant to this   section, shall be designated by
a school district superintendent or principal, head, or director of
a private school and is subject to Section 22112 and subdivision (c)
of Section 22504. A permitted schoolbus stop shall not be designated
at a location otherwise prohibited by law, or at a location as
specified in subdivision (c) of Section 22504 without the approval
of, and authorization by, the Department of the California Highway
Patrol. 
   SEC. 36.    Section 22504 of the   Vehicle
Code   is amended to read: 
   22504.  (a) Upon any highway in unincorporated areas no person
shall stop, park, or leave standing any vehicle, whether attended or
unattended, upon the roadway when it is practicable to stop, park, or
leave the vehicle off such portion of the highway, but in every
event an unobstructed width of the highway opposite a standing
vehicle shall be left for the free passage of other vehicles and a
clear view of the stopped vehicle shall be available from a distance
of 200 feet in each direction upon the highway. This section shall
not apply upon a highway where the roadway is bounded by adjacent
curbs.
   (b) This section shall not apply to the driver of any vehicle
which is disabled in such a manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the disabled
vehicle on the roadway. 
   (c) When, in the judgment of the governing board of a school
district, it is necessary for the safety of pupils being transported
to and from schools to authorize a schoolbus stop at a place where
there is not a clear view of the stop from a distance of 200 feet in
each direction along the highway, such 
    (c)     Where there is not a clear view of
a proposed or existing schoolbus stop from a distance of 200 feet in
each direction along a highway, or upon the main traveled portion of
a highway where there is not a clear view of the stop from 500 feet
in each direction along the highway and the speed limit is more than
25 miles per   hour, the  stop may  only  be
authorized  on an annual basis  by and with the approval of
the  Department of the  California Highway Patrol  .
The   upon the request of the school district
superintendent or the director, head, or principal of a private
school. If the schoolbus stop is approved by the Department of the
California Highway Patrol, the  Department of Transportation, in
respect to state highways, and local authorities, in respect to
highways under their jurisdiction, shall place sufficient signs along
the highway to give adequate notice to motorists that they are
approaching such bus stops.
   SEC. 34.   SEC. 37.   Section 22651 of
the Vehicle Code is amended to read:
   22651.  A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
   (a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
   (b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.

   (c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
   (d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
   (e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
   (f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
   (g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
   (h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
   (2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
   (i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
   (A) Evidence of his or her identity.
   (B) An address within this state at which he or she can be
located.
   (C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
   (2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
   (3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
   (4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
   (A) Pays the cost of towing and storing the vehicle.
   (B) Submits evidence of payment of fees as provided in Section
9561.
   (C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
   (5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
   (j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
   (k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
   (l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
   (m) When the use of the highway, or a portion of the highway, is
authorized by a local authority for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
   (n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. Except as provided in
subdivisions (v) and (w), a vehicle shall not be removed unless signs
are posted giving notice of the removal.
   (o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
   (A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
   (B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
   (C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
   (2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
   (3) For the purposes of this subdivision, the vehicle shall be
released under either of the following circumstances:
   (A) To the registered owner or person in control of the vehicle
only after the owner or person furnishes the storing law enforcement
agency with proof of current registration and a currently valid
driver's license to operate the vehicle.
   (B) To the legal owner or the legal owner's agency, without
payment of any fees, fines, or penalties for parking tickets or
registration and without proof of current registration, if the
vehicle will only be transported pursuant to the exemption specified
in Section 4022 and if the legal owner does all of the following:
   (i) Pays the cost of towing and storing the vehicle.
   (ii) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in
possession of the legal owner at the time of occurrence of an offense
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency has a lien on any surplus
that remains upon sale of the vehicle to which the registered owner
is or may be entitled, as security for the full amount of parking
penalties for any notices of parking violations issued for the
vehicle and for all local administrative charges imposed pursuant to
Section 22850.5. Upon receipt of any surplus, the legal owner shall
promptly remit to, and deposit with, the agency responsible for
processing notices of parking violations from that surplus, the full
amount of the parking penalties for all notices of parking violations
issued for the vehicle and for all local administrative charges
imposed pursuant to Section 22850.5.
    (4) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled has a deficiency claim against the registered owner for the
full amount of parking penalties for any notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5, less the amount received
from the sale of the vehicle.
   (5) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
   (p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, to the
impounding law enforcement agency, or upon order of a court.
   (q) When a vehicle is parked for more than 24 hours on a portion
of highway that is located within the boundaries of a common interest
development, as defined in subdivision (c) of Section 1351 of the
Civil Code, and signs, as required by paragraph (1) of subdivision
(a) of Section 22658 of this code, have been posted on that portion
of highway providing notice to drivers that vehicles parked thereon
for more than 24 hours will be removed at the owner's expense,
pursuant to a resolution or ordinance adopted by the local authority.

   (r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
   (s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
   (2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
   (3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
   (t) When a peace officer issues a notice to appear for a violation
of Section 25279.
   (u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.
   (v) (1) When a vehicle is a mobile billboard advertising display,
as defined in Section 395.5, and is parked or left standing in
violation of a local resolution or ordinance adopted pursuant to
subdivision (m) of Section 21100, if the registered owner of the
vehicle was previously issued a warning citation for the same
offense, pursuant to paragraph (2).
   (2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
prohibiting mobile billboard advertising displays adopted pursuant to
subdivision (m) of Section 21100, may provide notice by issuing a
warning citation advising the registered owner of the vehicle that he
or she may be subject to penalties upon a subsequent violation of
the ordinance, that may include the removal of the vehicle as
provided in paragraph (1). A city or county is not required to
provide further notice for a subsequent violation prior to the
enforcement of penalties for a violation of the ordinance.
   (w) (1) When a vehicle is parked or left standing in violation of
a local ordinance or resolution adopted pursuant to subdivision (p)
of Section 21100, if the registered owner of the vehicle was
previously issued a warning citation for the same offense, pursuant
to paragraph (2).
   (2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
regulating advertising signs adopted pursuant to subdivision (p) of
Section 21100, may provide notice by issuing a warning citation
advising the registered owner of the vehicle that he or she may be
subject to penalties upon a subsequent violation of the ordinance
that may include the removal of the vehicle as provided in paragraph
(1). A city or county is not required to provide further notice for a
subsequent violation prior to the enforcement of penalties for a
violation of the ordinance.
   SEC. 35.   SEC. 38.   Section 27314.5 of
the Vehicle Code is repealed.
   SEC. 36.   SEC. 39.   Section 29004 of
the Vehicle Code is amended to read:
   29004.  (a) (1) Except as required under paragraph (2), a towed
vehicle shall be coupled to the towing vehicle by means of a safety
chain, cable, or equivalent device in addition to the regular
drawbar, tongue, or other connection.
   (2) A vehicle towed by a tow truck shall be coupled to the tow
truck by means of at least two safety chains in addition to the
primary restraining system. The safety chains shall be securely
affixed to the truck frame, bed, or towing equipment, independent of
the towing sling, wheel lift, or under-reach towing equipment.
   (3) A vehicle transported on a slide back carrier tow truck or on
a trailer shall be secured by at least four tiedown chains, straps,
or an equivalent device, independent of the winch or loading cable.
This subdivision does not apply to vehicle bodies that are being
transported in compliance with Sections 393.100 to 393.136,
inclusive, of Title 49 of the Code of Federal Regulations.
   (b) All safety connections and attachments shall be of sufficient
strength to control the towed vehicle in the event of failure of the
regular hitch, coupling device, drawbar, tongue, or other connection.
All safety connections and attachments also shall have a positive
means of ensuring that the safety connection or attachment does not
become dislodged while in transit.
   (c) No more slack may be left in a safety chain, cable, or
equivalent device than is necessary to permit proper turning. When a
drawbar is used as the towing connection, the safety chain, cable, or
equivalent device shall be connected to the towed and towing vehicle
and to the drawbar so as to prevent the drawbar from dropping to the
ground if the drawbar fails.
   (d) Subdivision (a) does not apply to a semitrailer having a
connecting device composed of a fifth wheel and kingpin assembly, and
does not apply to a towed motor vehicle when steered by a person who
holds a license for the type of vehicle being towed.
   (e) For purposes of this section, a "tow truck" includes both of
the following:
   (1) A repossessor's tow vehicle, as defined in subdivision (b) of
Section 615.
   (2) An automobile dismantler's tow vehicle, as defined in
subdivision (c) of Section 615.
   (f) A vehicle towed by a repossessor's tow vehicle, as defined in
subdivision (b) of Section 615, is exempt from the multisafety chain
requirement of paragraph (2) of subdivision (a) so long as the
vehicle is not towed more than one mile on a public highway and is
secured by one safety chain.