BILL NUMBER: SB 125	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Emmerson

                        JANUARY 26, 2011

   An act to add Section 23304 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 125, as amended, Emmerson. Vehicles: toll highways or vehicular
crossings: evading toll payments: penalties.
   Existing law makes it unlawful for a person to evade or attempt to
evade the payment of tolls or other charges on  any
 a  vehicular crossing or toll highway and imposes
a civil penalty for violation of this law. 
   This bill would authorize a local authority, by ordinance or
resolution, to implement a specified program under which the local
authority may attach a wheel boot to, and in some cases impound, a
vehicle registered to a "chronic evader of toll payments," as
defined.  
   This bill would authorize a law enforcement officer to impound, or
cause to be impounded, a vehicle that is registered to a chronic
evader of toll payments, as defined, until all outstanding tolls and
all required penalties are paid to the issuing agency. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 23304 is added to the Vehicle Code, to read:
   23304.  (a) For purposes of this section, the following
definitions apply:
   (1)  (A)    "Chronic evader of toll payments" is
a person who has been issued three or more notices of toll evasion
for a violation of subdivision (a) of Section 23302.5, over a
designated period of time, to which the registered owner has not
responded  by paying the required toll and penalties  . 

   (B) For purposes of this section, a chronic evader of toll
payments does not include a registered owner of a trailer or
semitrailer that is used in connection with intermodal
transportation. 
   (2) "Issuing agency" shall have the same meaning as provided in
subdivision (e) of Section 40250. 
   (3) "Wheel boot" is a device, also known as a "wheel clamp," which
is attached to the wheel of a vehicle and is designed to immobilize
the vehicle and prevent the removal of the device and the wheel.
 
   (b) A local authority, by ordinance or resolution, may implement a
program under which the local authority may attach a wheel boot to
the wheel of a vehicle that is located in the local authority's
jurisdiction and that is registered to a chronic evader of toll
payments who has been issued three or more notices of toll evasion
from an issuing agency authorized to collect tolls within the
jurisdiction of the local authority.  
   (c) (1) The program may require that the wheel boot remain on the
vehicle until all required penalties imposed pursuant to subdivision
(b) of Section 23302.5 are paid to the issuing agency authorized to
collect tolls in the city or county where the violations occurred.
 
   (2) (A) A local authority may remove and store a vehicle upon
which a wheel boot has been attached pursuant to this section if the
penalties are not paid within a time period established by the local
authority, but not less than 72 hours from the time that the wheel
boot was attached.  
   (b) If a law enforcement officer discovers during a traffic
violation enforcement action that the vehicle is registered to a
chronic evader of toll payments, as defined in subdivision (a), the
officer may impound, or cause to be impounded, the vehicle until all
outstanding tolls and all required penalties imposed pursuant to
subdivision (b) of Section 23302.5 are paid to the issuing agency.
 
   (B) 
    (c)  The removal and storage of a vehicle pursuant to
this  subdivision   section  shall be
consistent, to the extent possible, with the procedures for removal
and storage of a vehicle set forth in Article 2 (commencing with
Section 22850) of Chapter 10.
   (d) A notice of toll evasion violation shall inform the recipient
that repeated unpaid toll evasion violations will subject a vehicle
to  restriction of   impoundment pursuant to
 this section.