begin deletePereaend delete . begin deleteHorse racing: thoroughbred racing: northern zone: auxiliary offsite stabling, training, and vanning. end delete
(1) The Horse Racing Law requires, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern zone, that an amount not to exceed 1.25% of the total amount handled by all of those satellite wagering facilities be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners’ premiums and instead distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen, to administer a fund to provide reimbursement for offsite stabling at California Horse Racing Board-approved auxiliary training facilities for additional stalls beyond the number of usable stalls the association or fair is required to make available and maintain, and for the vanning of starters from these additional stalls on racing days for thoroughbred horses.end delete
This bill would increase the amount that is required to be deducted to an amount not to exceed 2% and would provide that this amount, if adjusted by the board, may be a different percentage of the handle for different associations and fairs but only if all the associations and fairs agree to the differing percentages. The bill would establish an auxiliary offsite stabling and training facility and vanning program for thoroughbred races in the northern zone. The bill would revise and recast the provisions governing the organization formed and operated to administer the fund to include, among other things, a 50-50 percentage allocation of specified voting interests on the board of the organization, the use of funds to pay the organization’s expenses and compensate the provider of a board-approved auxiliary facility for offsite stabling and training of thoroughbred horses in the northern zone, and the requirement that the organization submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year.end delete
The bill would also require that the funds be used to cover all or part of the cost of vanning thoroughbred horses in the northern zone from a board-approved auxiliary offsite stabling and training facility and would authorize the organization to enter into multiyear contracts for auxiliary facilities in the northern zone subject to specified conditions. The bill would authorize the organization to use the funds to pay back commissions, purses, and owners’ premiums to the extent that the deductions made exceed in any year the amount of the funds necessary to achieve the objectives of the organization. The bill would also authorize a thoroughbred racing association or fair in the northern zone to opt out of the auxiliary offsite stabling and training facility and vanning program, as specified. The bill would provide that the board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling, training, or vanning, as specified.end delete
(2) By expanding the provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program.end delete
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
(4) This bill would declare that it is to take effect immediately as an urgency statute.end delete
begin delete2⁄3 end delete.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
An action or special proceeding shall be treated as a limited
4civil case if all of the following conditions are satisfied, and,
5notwithstanding any statute that classifies an action or special
6proceeding as a limited civil case, an action or special proceeding
7shall not be treated as a limited civil case unless all of the following
8conditions are satisfied:
9(a) The amount in controversy does not exceed twenty-five
10thousand dollars ($25,000). As used in this section, “amount in
11controversy” means the amount of the demand, or the recovery
12sought, or the value of the property, or the amount of the lien, that
13is in controversy in the action, exclusive of attorneys’ fees, interest,
15(b) The relief sought is a type
that may be granted in a limited
17(c) The relief sought, whether in the complaint, a
18cross-complaint, or otherwise, is exclusively of a type described
P5 1in one or more statutes that classify an action or special proceeding
2as a limited civil case or that provide that an action or special
3proceeding is within the original jurisdiction of the municipal
4court, including, but not limited to, the following provisions:
5(1) Section 798.61 or 798.88 of the Civil Code.
6(2) Section 1719 of the Civil Code.
7(3) Section 3342.5 of the Civil Code.
8(4) Section 86.
9(5) Section 86.1.
10(6) Section 1710.20.
11(7) Section 7581 of the Food and Agricultural Code.
12(8) Section 12647 of the Food and Agricultural Code.
13(9) Section 27601 of the Food and Agricultural Code.
14(10) Section 31503 of the Food and Agricultural Code.
15(11) Section 31621 of the Food and Agricultural Code.
16(12) Section 52514 of the Food and Agricultural Code.
17(13) Section 53564 of the Food and Agricultural Code.
18(14) Section 53069.4 of the Government Code.
begin delete 53075.6end delete of the begin delete Governmentend delete
begin delete 53075.61end delete of the begin delete Governmentend delete Code.
23(17) Section 5411.5 of the Public Utilities Code.end delete
25 Section 9872.1 of the Vehicle Code.
27 Section 10751 of the Vehicle Code.
29 Section 14607.6 of the Vehicle Code.
31 Section 40230 of the Vehicle Code.
33 Section 40256 of the Vehicle Code.
(a) Notwithstanding Chapter 8 (commencing with
36Section 5351) of Division 2 of the Public Utilities Code, every
37city or county shall protect the public health, safety, and welfare
38by adopting an ordinance or resolution in regard to taxicab
39transportation service rendered in vehicles designed for carrying
P6 1not more than eight persons, excluding the driver, which is operated
2within the jurisdiction of the city or county.
3(b) Each city or county shall provide for, but is not limited to
4providing for, the following:
5(1) A policy for entry into the business of providing taxicab
6transportation service. The policy shall include, but need not be
7limited to, all of the following provisions:
8(A) Employment, or an offer of employment, as a taxicab driver
9in the jurisdiction, including compliance with all of the
10requirements of the program adopted pursuant to paragraph (3),
11shall be a condition of issuance of a driver’s permit.
12(B) The driver’s permit shall become void upon termination of
14(C) The driver’s permit shall state the name of the employer.
15(D) The employer shall notify the city or county upon
16termination of employment.
17(E) The driver shall return the permit to the city or county upon
18termination of employment.
19(2) The establishment or registration of rates for the provision
20of taxicab transportation service.
21(3) (A) A mandatory controlled substance and alcohol testing
22certification program. The program shall include, but need not be
23limited to, all of the following requirements:
24(i) Drivers shall test negative for each of the controlled
25substances specified in Part 40 (commencing with Section 40.1)
26of Title 49 of the Code of Federal Regulations, before employment.
27Drivers shall test negative for these controlled substances and for
28alcohol as a condition of permit renewal or, if no periodic permit
29renewals are required, at such other times as the city or county
30shall designate. As used in this section, a negative test for alcohol
31means an alcohol screening test showing a breath alcohol
32concentration of less than 0.02 percent.
33(ii) Procedures shall be substantially as in Part 40 (commencing
34with Section 40.1) of Title 49 of the Code of Federal Regulations,
35except that the driver shall show a valid California driver’s license
36at the time and place of testing, and except as provided otherwise
37in this section. Requirements for rehabilitation and for
38return-to-duty and followup testing and other requirements, except
39as provided otherwise in this section, shall be substantially as in
P7 1Part 382 (commencing with Section 382.101) of Title 49 of the
2Code of Federal Regulations.
3(iii) A test in one jurisdiction shall be accepted as meeting the
4same requirement in any other jurisdiction. Any negative test result
5shall be accepted for one year as meeting a requirement for periodic
6permit renewal testing or any other periodic testing in that
7jurisdiction or any other jurisdiction, if the driver has not tested
8positive subsequent to a negative result. However, an earlier
9negative result shall not be accepted as meeting the
10pre-employment testing requirement for any subsequent
11employment, or any testing requirements under the program other
12than periodic testing.
13(iv) In the case of a self-employed independent driver, the test
14results shall be reported directly to the city or county, which shall
15notify the taxicab leasing company of record, if any, of positive
16results. In all other cases, the results shall be reported directly to
17the employing transportation operator, who may be required to
18notify the city or county of positive results.
19(v) All test results are confidential and shall not be released
20without the consent of the driver, except as authorized or required
22(vi) Self-employed independent drivers shall be responsible for
23compliance with, and shall pay all costs of, this program with
24regard to themselves. Employing transportation operators shall be
25responsible for compliance with, and shall pay all costs of, this
26program with respect to their employees and potential employees,
27except that an operator may require employees who test positive
28to pay the costs of rehabilitation and of return-to-duty and followup
30(vii) Upon the request of a driver applying for a permit, the city
31or county shall give the driver a list of the consortia certified
32pursuant to Part 382 (commencing with Section 382.101) of Title
3349 of the Code of Federal Regulations that the city or county knows
34offer tests in or near the jurisdiction.
35(B) No evidence derived from a positive test result pursuant to
36the program shall be admissible in a criminal prosecution
37concerning unlawful possession, sale or distribution of controlled
39(c) Each city or county may levy service charges, fees, or
40assessments in an amount sufficient to pay for the costs of carrying
P8 1out an ordinance or resolution adopted in regard to taxicab
2transportation services pursuant to this section.
3(d) Nothing in this section prohibits a city or county from
4adopting additional requirements for a taxicab to operate in its
6(e) For purposes of this section, “employment” includes
7self-employment as an independent driver.
Whenever a peace officer or public officer or
10employee, when authorized by ordinance and as defined in Section
11836.5 of the Penal Code, arrests any person for operating as a
12taxicab without a valid taxicab certificate, license, or permit
13required by any ordinance, and the offense occurred at a public
14airport, within 100 feet of a public airport, or within two miles of
15the international border between the United States and Mexico,
16the officer or employee may impound and retain possession of any
17vehicle used in a violation of the ordinance.
18If the vehicle is seized from a person who is not the owner of
19the vehicle, the impounding authority shall immediately give notice
20to the owner by first-class mail.
21The vehicle shall immediately be returned to the owner without
22cost to the owner if the infraction or violation is not prosecuted or
23is dismissed, the owner is found not guilty of the offense, or it is
24determined that the vehicle was used in violation of the ordinance
25without the knowledge and consent of the owner. Otherwise, the
26vehicle shall be returned to the owner upon payment of any fine
27ordered by the court. After the expiration of six weeks from the
28final disposition of the criminal case, the impounding authority
29may deal with the vehicle as lost or abandoned property under
30Section 1411 of the Penal Code.
31At any time, a person may make a motion in superior court for
32the immediate return of a vehicle on the ground that there was no
33probable cause to seize it or that there is some other good cause,
34as determined by the court, for the return of the vehicle. A
35proceeding under this paragraph is a limited civil case.
36No officer or employee, however, shall impound any vehicle
37owned or operated by a nonprofit organization exempt from
38taxation pursuant to Section 501(c)(3) of the Internal Revenue
39Code which serves youth or senior citizens and provides
40transportation incidental to its programs or services.
A transportation inspector, authorized by a local
3government to cite any person for operating as a taxicab without
4a valid taxicab certificate, license, or permit required by any
5ordinance, may impound and retain possession of any vehicle used
6in a violation of the ordinance.
7If the vehicle is seized from a person who is not the owner of
8the vehicle, the impounding authority shall immediately give notice
9to the owner by first-class mail.
10The vehicle shall immediately be returned to the owner without
11cost to the owner if the infraction or violation is not prosecuted or
12is dismissed, the owner is found not guilty of the offense, or it is
13determined that the vehicle was used in violation of the ordinance
14without the knowledge and consent of the owner. Otherwise, the
15vehicle shall be returned to the owner upon payment of any fine
16ordered by the court. After the expiration of six weeks from the
17final disposition of the criminal case, the impounding authority
18may deal with the vehicle as lost or abandoned property under
19Section 1411 of the Penal Code.
20At any time, a person may make a motion in superior court for
21the immediate return of a vehicle on the ground that there was no
22probable cause to seize it or that there is some other good cause,
23as determined by the court, for the return of the vehicle. A
24proceeding under this paragraph is a limited civil case.
25No officer or employee, however, shall impound any vehicle
26owned or operated by a nonprofit organization exempt from
27taxation pursuant to Section 501(c)(3) of the Internal Revenue
28Code which serves youth or senior citizens and provides
29transportation incidental to its programs or services.
(a) Upon receipt of a complaint containing sufficient
32information to warrant conducting an investigation, the local
33agency shall investigate any business that advertises or operates
34taxicab transportation service for hire. The local agency shall, by
35ordinance, resolution, or other appropriate procedure, adopt criteria
36that establishes the type of information, if contained in a complaint,
37that is sufficient to warrant an investigation. Pursuant to this
38investigation, the local agency shall do all of the following:
P10 1(1) Determine which businesses, if any, are required to have in
2effect a valid taxicab certificate, license, or permit as required by
3ordinance, but do not have that valid authority to operate.
4(2) Inform any business not having valid authority to operate
5that it is in violation of law.
6(3) Within 60 days of informing the business pursuant to
7paragraph (2), institute civil or criminal proceedings, or both,
8pursuant to the governing municipal code or other authority of
10(b) For purposes of this section:
11(1) “Advertises” means any action described in subdivision (b)
12of Section 53075.9.
13(2) “Local agency” means the local entity responsible for the
14regulation, including, but not limited to, the certification, licensing,
15or permitting of, and enforcement of rules, regulations, or
16ordinances governing, taxicabs within the local jurisdiction.
(a) The Legislature finds and declares that advertising
19and use of telephone service is essential for a taxicab transportation
20service to obtain business and conduct intrastate passenger
21transportation services. Unlawful advertisements by taxicabs
22operating without a valid taxicab certificate, license, or permit
23required by any ordinance has resulted in properly certificated,
24licensed, and permitted taxicab operators competing with these
25taxicabs operating without a proper taxicab certificate, license, or
26permit using unfair business practices. Taxicabs operating without
27a proper taxicab certificate, license, or permit have also exposed
28passengers to unscrupulous persons who portray themselves as
29lawful operators. Many of these taxicabs operating without a proper
30taxicab certificate, license, or permit have been found to have also
31been operating without insurance, or in an unsafe manner, thereby
32placing their passengers at risk.
33(b) (1) The Legislature further finds and declares that the
34termination of telephone service utilized by taxicabs operating
35without proper authority is essential to ensure the public safety
36and welfare. Therefore, local agencies should take enforcement
37action, as specified in this section, to disconnect telephone service
38of unauthorized taxicab operators who unlawfully advertise
39passenger transportation services in yellow page directories and
40other publications. The enforcement actions provided for by this
P11 1section are consistent with the decision of the California Supreme
2Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d
4(2) For purposes of this section, a telephone corporation or
5telegraph corporation, or a corporation that holds a controlling
6interest in the telephone or telegraph corporation, or any business
7that is a subsidiary or affiliate of the telephone or telegraph
8corporation, that has the name and address of the subscriber to a
9telephone number being used by a unauthorized taxicab operator
10shall provide the local agency, or an authorized officer or employee
11of the local agency, upon demand, and the order of a magistrate,
12access to this information. A magistrate may only issue an order
13for the purposes of this subdivision, if the magistrate has made the
14findings required by paragraph (2) of subdivision (f).
15(c) (1) In addition to any other remedies that may be available
16by law, if a local agency determines that a taxicab transportation
17service has operated within the local agency’s jurisdiction in
18violation of the local agency’s ordinance adopted under Section
1953075.5, the local agency may notify the taxicab operator that the
20local agency intends to seek termination of the operator’s telephone
21service. The notice shall be sent by certified mail to the operator
22at the operator’s last known mailing address. If the local agency
23is unable to determine the operator’s mailing address, the local
24agency shall post the notice for at least 10 calendar days.
25(2) The notice shall contain sufficient information to identify
26the taxicab transportation service, to inform the taxicab operator
27of the alleged violations of the local agency’s ordinance, and the
28procedures for protesting the allegations contained in the notice.
29(d) The taxicab operator, within 10 calendar days of the date of
30the notice, may contest the allegations contained in the notice by
31filing a written protest with the local agency. The local agency
32shall schedule a hearing on the protest within 21 calendar days of
33receiving the protest.
34(e) The governing body of the local agency, or any person or
35persons as may be designated by the governing body, shall hear
36the protest. The local agency shall have both the burden of
37providing that the use made, or to be made, of the telephone service
38is to hold out to the public to perform, or to assist in performing,
39services as a taxicab transportation service, and that the telephone
40service is being, or is to be, used as an instrumentality, directly or
P12 1indirectly, to violate, or assist in violating, the local agency’s
2applicable ordinance. The taxicab operator, or his or her designated
3representative, shall be allowed to present evidence to answer or
4refute any allegations presented to the hearing body by the local
5agency. The hearing body may continue the hearing from time to
6time. Within 10 calendar days of the close of the hearing, the
7hearing body shall issue a written decision to uphold or reject, in
8whole or in part, the allegations contained in the notice. If the
9hearing body upholds the allegations in whole or in part, the written
10decision shall state either that the allegations are sufficient to justify
11seeking termination of the taxicab operator’s telephone service,
12or that the allegations are not sufficient.
13(f) (1) If the local agency does not receive a timely protest, or,
14after a protest hearing held pursuant to subdivision (d), the hearing
15body has determined that the allegations are sufficient to justify
16seeking termination of the telephone operator’s telephone service,
17the local agency may seek termination of the taxicab operator’s
18telephone service as provided in this section.
19(2) A telephone or telegraph corporation shall refuse telephone
20service to a new subscriber and shall disconnect telephone service
21of an existing subscriber only after it is shown that other available
22enforcement remedies of the local agency have failed to terminate
23unlawful activities detrimental to the public welfare and safety,
24and upon receipt from any authorized officer or employee of the
25local agency of a writing, signed by a magistrate, as defined by
26Sections 807 and 808 of the Penal Code, finding that probable
27cause exists to believe that the subscriber is advertising or holding
28out to the public to perform taxicab transportation services in
29violation of the local agency’s applicable ordinance, or that the
30telephone service otherwise is being used or is to be used as an
31instrumentality, directly or indirectly, to violate or assist in
32violation of the laws requiring a taxicab operator to have valid
33operating authority. Included in the writing of the magistrate shall
34be a finding that there is probable cause to believe that the subject
35telephone facilities have been, or are to be, used in the commission
36or facilitation of holding out to the public to perform taxicab
37transportation services in violation of the local agency’s applicable
39(g) The telephone or telegraph corporation, immediately upon
40refusal or disconnection of service in accordance with paragraph
P13 1(2) of subdivision (f), shall notify the subscriber in writing that the
2refusal or disconnection of telephone service has been made
3pursuant to a request of a local agency and the writing of a
4magistrate, and shall include a copy of this section, a copy of the
5writing of the magistrate, and a statement that the customer of the
6subscriber may request information from the local agency
7concerning any provision of this section and the manner in which
8a complaint may be filed.
9(h) The provisions of this section are an implied term of every
10contract for telephone service and a part of any application for
11telephone service. Applicants for, and subscribers and customers
12of, telephone service, have, as a matter of law, consented to the
13provisions of this section as a consideration for the furnishing of
14the telephone service.
15(i) As used in this section, the terms “person,” “customer,” and
16“subscriber” include the subscriber to telephone service, any person
17using the telephone service of a subscriber, an applicant for
18telephone service, a corporation, a limited liability company, a
19partnership, an association, and includes their lessees and assigns.
20(j) As used in this section, the following terms have the
22(1) “Authorized officer or employee of the local agency”
23includes any employee of the local agency designated by the local
24agency’s governing body.
25(2) “Local agency” has the same meaning as specified in
26subdivision (b) of Section 53075.7.
27(3) “Telegraph corporation” has the same meaning as specified
28in Section 236 of the Public Utilities Code.
29(4) “Telephone corporation” has the same meaning as specified
30in Section 234 of the Public Utilities Code.
(a) Every taxicab transportation service shall include
33the number of its certificate, license, or permit in every written or
34oral advertisement of the services it offers.
35(b) For purposes of this subdivision, “advertisement” includes,
36but is not limited to, the issuance of any card, sign, or device to
37any person, the causing, permitting, or allowing the placement of
38any sign or marking on or in any building or structure, or in any
39media form, including newspaper, magazine, radiowave, satellite
P14 1signal, or any electronic transmission, or in any directory soliciting
2taxicab transportation services subject to this chapter.
3(c) Whenever the local agency, after a
hearing, finds that any
4person or corporation is operating as a taxicab transportation
5service without a valid certificate, license, or permit or fails to
6include in any written or oral advertisement the number required
7by subdivision (a), the local agency may impose a fine of not more
8than five thousand dollars ($5,000) for each violation. The local
9agency may assess the person or corporation an amount sufficient
10to cover the reasonable expense of investigation incurred by the
11local agency. The local agency may assess interest on any fine or
12assessment imposed, to commence on the day the payment of the
13fine or assessment becomes delinquent. All fines, assessments,
14and interest collected shall be deposited at least once each month
15in a fund established for the purpose of enforcing this section.
16(d) For purposes of this section, “local agency” has the same
17meaning as specified in subdivision (b) of Section 53075.7.
The following persons are not peace officers but may
20exercise the powers of arrest of a peace officer as specified in
21Section 836 during the course and within the scope of their
22employment, if they successfully complete a course in the exercise
23of those powers pursuant to Section 832:
24(a) Persons designated by a cemetery authority pursuant to
25Section 8325 of the Health and Safety Code.
26(b) Persons regularly employed as security officers for
27independent institutions of higher education, recognized under
28subdivision (b) of Section 66010 of the Education Code, if the
29institution has concluded a memorandum of understanding,
30permitting the exercise of that authority, with the sheriff or the
31chief of police within whose jurisdiction the institution lies.
32(c) Persons regularly employed as security officers for health
33facilities, as defined in Section 1250 of the Health and Safety Code,
34that are owned and operated by cities, counties, and cities and
35counties, if the facility has concluded a memorandum of
36understanding, permitting the exercise of that authority, with the
37sheriff or the chief of police within whose jurisdiction the facility
39(d) Employees or classes of employees of the California
40Department of Forestry and Fire Protection designated by the
P15 1Director of Forestry and Fire Protection, provided that the primary
2duty of the employee shall be the enforcement of the law as that
3duty is set forth in Section 4156 of the Public Resources Code.
4(e) Persons regularly employed as inspectors, supervisors, or
5security officers for transit districts, as defined in Section 99213
6of the Public Utilities Code, if the district has concluded a
7memorandum of understanding permitting the exercise of that
8authority, with, as applicable, the sheriff, the chief of police, or
9the Department of the California Highway Patrol within whose
10jurisdiction the district lies. For the purposes of this subdivision,
11the exercise of peace officer authority may include the authority
12to remove a vehicle from a railroad right-of-way as set forth in
13Section 22656 of the Vehicle Code.
14(f) Nonpeace officers regularly employed as county parole
15officers pursuant to Section 3089.
16(g) Persons appointed by the Executive Director of the California
17Science Center pursuant to Section 4108 of the Food and
19(h) Persons regularly employed as investigators by the
20Department of Transportation for the City of Los Angeles and
21designated by local ordinance as public officers, to the extent
22necessary to enforce laws related to public transportation, and
23authorized by a memorandum of understanding with the chief of
24police, permitting the exercise of that authority. For the purposes
25of this subdivision, “investigator” means an employee defined in
26Section 53075.61 of the Government Code authorized by local
27ordinance to enforce laws related to public transportation.
28Transportation investigators authorized by this section shall not
29be deemed “peace officers” for purposes of Sections 241 and 243.
31 Persons regularly employed by any department of the City
32of Los Angeles who are designated as security officers and
33authorized by local ordinance to enforce laws related to the
34preservation of peace in or about the properties owned, controlled,
35operated, or administered by any department of the City of Los
36Angeles and authorized by a memorandum of understanding with
37the Chief of Police of the City of Los Angeles permitting the
38exercise of that authority. Security officers authorized pursuant to
39this subdivision shall not be deemed peace officers for purposes
40of Sections 241 and 243.
P16 1(j)end delete
2 Illegal dumping enforcement officers or code enforcement
3officers, to the extent necessary to enforce laws related to illegal
4waste dumping or littering, and authorized by a memorandum of
5understanding with, as applicable, the sheriff or chief of police
6within whose jurisdiction the person is employed, permitting the
7exercise of that authority. An “illegal dumping enforcement officer
8or code enforcement officer” is defined, for purposes of this
9section, as a person employed full time, part time, or as a volunteer
10after completing training prescribed by law, by a city, county, or
11city and county, whose duties include illegal dumping enforcement
12and who is designated by local ordinance as a public officer. An
13illegal dumping enforcement officer or code enforcement officer
14may also be a person who is not regularly employed by a city,
15county, or city and county, but who has met all training
16requirements and is directly supervised by a regularly employed
17illegal dumping enforcement officer or code enforcement officer
18conducting illegal dumping enforcement. This person shall not
19have the power of arrest or access to summary criminal history
20information pursuant to this section. No person may be appointed
21as an illegal dumping enforcement officer or code enforcement
22officer if that person is disqualified pursuant to the criteria set forth
23in Section 1029 of the Government Code. Persons regularly
24employed by a city, county, or city and county designated pursuant
25to this subdivision may be furnished state summary criminal history
26information upon a showing of compelling need pursuant to
27subdivision (c) of Section 11105.
This chapter does not apply to any of the following:
31(a) Transportation service rendered wholly within the corporate
32limits of a single city or city and county and licensed or regulated
34(b) Transportation of school pupils conducted by or under
35contract with the governing board of any school district entered
36into pursuant to the Education Code.
37(c) Common carrier transportation services between fixed
38termini or over a regular route that are subject to authorization
39pursuant to Article 2 (commencing with Section 1031) of Chapter
405 of Part 1 of Division 1.
P17 1(d) Transportation services occasionally afforded for farm
2employees moving to and from farms on which employed when
3the transportation is performed by the employer in an owned or
4leased vehicle, or by a nonprofit agricultural cooperative
5association organized and acting within the scope of its powers
6under Chapter 1 (commencing with Section 54001) of Division
720 of the Food and Agricultural Code, and without any requirement
8for the payment of compensation therefor by the employees.
9(e) Transportation service rendered by a publicly owned transit
11(f) Passenger vehicles carrying passengers on a noncommercial
13(g) Taxicab transportation
begin delete service licensed and regulated by a
14city or county, by ordinance or resolution, rendered in vehicles
15designed for carrying not more than eight persons excluding the
18(h) Transportation of persons between home and work locations
19or of persons having a common work-related trip purpose in a
20vehicle having a seating capacity of 15 passengers or less, including
21the driver, which are used for the purpose of ridesharing, as defined
22in Section 522 of the Vehicle Code, when the ridesharing is
23incidental to another purpose of the driver. This exemption also
24applies to a vehicle having a seating capacity of more than 15
25passengers if the driver files with the commission evidence of
26liability insurance protection in the same amount and in the same
27manner as required for a passenger stage corporation, and the
28vehicle undergoes and passes an annual safety inspection by the
29Department of the California Highway Patrol. The insurance filing
30shall be accompanied by a one-time filing fee of seventy-five
31dollars ($75). This exemption does not apply if the primary purpose
32for the transportation of those persons is to make a profit. “Profit,”
33as used in this subdivision, does not include the recovery of the
34actual costs incurred in owning and operating a vanpool vehicle,
35as defined in Section 668 of the Vehicle Code.
36(i) Vehicles used exclusively to provide medical transportation,
37including vehicles employed to transport developmentally disabled
38persons for regional centers established pursuant to Chapter 5
39(commencing with Section 4620) of Division 4.5 of the Welfare
40and Institutions Code.
P18 1(j) Transportation services rendered solely within the Lake
2Tahoe Basin, comprising that area included within the Tahoe
3Regional Planning Compact as set forth in Section 66801 of the
4Government Code, when the operator of the services has obtained
5any permit required from the Tahoe Basin Transportation Authority
6or the City of South Lake Tahoe, or both.
7(k) Subject to Section 34507.6 of the Vehicle Code,
8transportation service provided by the operator of an automobile
9rental business in vehicles owned or leased by that operator,
10without charge other than as may be included in the automobile
11rental charges, to carry its customers to or from its office or facility
12where rental vehicles are furnished or returned after the rental
14(l) Subject to Section 34507.6 of the Vehicle Code,
15transportation service provided by the operator of a hotel, motel,
16or other place of temporary lodging in vehicles owned or leased
17by that operator, without charge other than as may be included in
18the charges for lodging, between the lodging facility and an air,
19rail, water, or bus passenger terminal or between the lodging
20facility and any place of entertainment or commercial attraction,
21including, but not limited to, facilities providing snow skiing.
22Nothing in this subdivision authorizes the operator of a hotel,
23motel, or other place of temporary lodging to provide any round
24trip sightseeing service without a permit, as required by subdivision
25(c) of Section 5384.
26(m) (1) Transportation of hot air balloon ride passengers in a
27balloon chase vehicle from the balloon landing site back to the
28original takeoff site, provided that the balloon ride was conducted
29by a balloonist who meets all of the following conditions:
30(A) Does not fly
more than a total of 30 passenger rides for
32(B) Does not provide any preflight ground transportation
33services in their vehicles.
34(C) In providing return transportation to the launch site from
35landing does not drive more than 300 miles annually.
36(D) Files with the commission an exemption declaration and
37proof of vehicle insurance, as prescribed by the commission,
38certifying that the operator qualifies for the exemption and will
39maintain minimum insurance on each vehicle of one hundred
40thousand dollars ($100,000) for injury or death of one person, three
P19 1hundred thousand dollars ($300,000) for injury or death of two or
2more persons and one hundred thousand dollars ($100,000) for
3damage to property.
4(2) Nothing in this subdivision
authorizes the operator of a
5commercial balloon operation to provide any round trip sightseeing
6service without a permit, as required by subdivision (c) of Section
8(n) (1) Transportation services incidental to operation of a youth
9camp that are provided by either a nonprofit organization that
10qualifies for tax exemption under Section 501(c)(3) of the Internal
11Revenue Code or an organization that operates an organized camp,
12as defined in Section 18897 of the Health and Safety Code, serving
13youth 18 years of age or younger.
14(2) Any transportation service described in paragraph (1) shall
15comply with all of the following requirements:
16(A) Register as a private carrier with the commission pursuant
17to Section 4005.
in a pull notice system for employers of drivers
19as prescribed in Section 1808.1 of the Vehicle Code.
20(C) Ensure compliance with the annual bus terminal inspection
21required by subdivision (c) of Section 34501 of the Vehicle Code.
22(D) Obtain the following minimum amounts of general liability
23insurance coverage for vehicles that are used to transport youth:
24(i) A minimum of five hundred thousand dollars ($500,000)
25general liability insurance coverage for passenger vehicles designed
26to carry up to eight passengers. For organized camps, as defined
27in Section 18897 of the Health and Safety Code, an additional two
28hundred fifty thousand dollars ($250,000) general umbrella policy
29that covers vehicles.
30(ii) A minimum of one million dollars ($1,000,000) general
31 liability insurance coverage for vehicles designed to carry up to
3215 passengers. For organized camps, as defined in Section 18897
33of the Health and Safety Code, an additional five hundred thousand
34dollars ($500,000) general umbrella policy that covers vehicles.
35(iii) A minimum of one million five hundred thousand dollars
36($1,500,000) general liability insurance coverage for vehicles
37designed to carry more than 15 passengers, and an additional three
38million five hundred thousand dollars ($3,500,000) general
39umbrella liability insurance policy that covers vehicles.
(a) Whenever a peace officer, as defined in Chapter
44.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
5Code, arrests a person for operation of a charter-party carrier of
6passengers without a valid certificate or permit, the peace officer
7may impound and retain possession of the vehicle.
8(b) Whenever a peace officer, as defined in Chapter 4.5
9(commencing with Section 830) of Title 3 of Part 2 of the Penal
10Code, arrests a person for operating a charter-party carrier of
11passengers as a taxicab in violation of
begin delete an ordinance or resolution the peace officer may impound and retain
12of a city, county, or city and county,end delete
14possession of the vehicle.
15(c) If the vehicle is seized from a person who is not the owner
16of the vehicle, the impounding authority shall immediately give
17notice to the owner by first-class mail.
18(d) The vehicle shall immediately be returned to the owner if
19the infraction or violation is not prosecuted or is dismissed, the
20owner is found not guilty of the offense, or it is determined that
21the vehicle was used in violation of Section 5411 without the
22knowledge and consent of the owner. The vehicle shall be returned
23to the owner upon payment of any fine ordered by the court. If the
24vehicle is seized due to a violation of a person other than the owner
25of the vehicle, the vehicle shall be returned to the owner after all
26impoundment fees are paid. After the expiration of six weeks from
27the final disposition of the criminal case, unless the owner is in
28the process of making payments to the court, the impounding
29authority may deal with the vehicle as lost or abandoned property
30under Section 1411 of the Penal Code.
31(e) At any time, a person may make a motion in superior court
32for the immediate return of the vehicle on the ground that there
33was no probable cause to seize it or that there is some other good
34cause, as determined by the court, for the return of the vehicle. A
35proceeding under this section is a limited civil case.
36(f) No peace officer, however, may impound any vehicle owned
37or operated by a nonprofit organization exempt from taxation
38pursuant to Section 501(c)(3) of the Internal Revenue Code which
39serves youth or senior citizens and provides transportation
40incidental to its programs or services or a rented motor vehicle
P21 1that is being operated by a hired driver of a charter-party carrier
2of passengers that is providing hired driver service.
(a) When a person is convicted of the offense of
6operating a taxicab without a valid
begin delete certificate or permit,end delete
8 in addition to any other penalties provided by law, if the court
9determines the operator has the ability to pay, the court shall
10impose a mandatory fine not exceeding two thousand five hundred
11dollars ($2,500) for a first conviction or five thousand dollars
12($5,000) for a subsequent conviction.
13(b) When a person is convicted of the offense of operating a
14charter-party carrier of passengers without a valid certificate or
15permit, in addition to any other penalties provided by law, if the
16court determines the operator has the ability to pay, the court shall
17impose a mandatory fine not exceeding ten thousand dollars
18($10,000) for a first conviction or twenty-five thousand dollars
19($25,000) for a subsequent conviction.
20(c) As used in this section, “taxicab”
begin delete means a passenger vehicle the
21designed for carrying not more than eight persons, excludingend delete
begin delete driver, and used to carry passengers for hire.end delete “Taxicab” shall not
24include a charter-party carrier of passengers within the meaning
25of this chapter.
(a) Whenever the commission, after hearing, finds
29that any person or corporation is operating as a charter-party carrier
30of passengers, including a charter-party carrier operating a
31limousine, without a valid certificate or permit, or fails to include
32in any written or oral advertisement the number of the certificate
33or permit required by Section 5386, the commission may impose
34a fine of not more than seven thousand five hundred dollars
35($7,500) for each violation. The commission may assess the person
36or corporation an amount sufficient to cover the reasonable expense
37of investigation incurred by the commission. The commission may
38assess interest on any fine or assessment imposed, to commence
39on the day the payment of the fine or assessment becomes
P22 1delinquent. All fines, assessments, and interest collected shall be
2deposited at least once each month in the General Fund.
3(b) Whenever the commission, after hearing, finds that any
4person or corporation is operating a charter-party carrier of
5passengers as a taxicab without a valid
begin delete certificate orend delete permit in
begin delete an ordinance or resolution of a city, county, or city the
7and county,end delete
8commission may impose a fine of not more than five thousand
9dollars ($5,000) for each violation. The commission may assess
10the person or corporation an amount sufficient to cover the
11reasonable expense of investigation incurred by the commission.
12The commission may assess interest on any fine or assessment
13imposed, to commence on the day the payment of the fine or
14assessment becomes delinquent. All fines, assessments, and interest
15collected shall be deposited at least once each month in the General
(a) If the board licenses or regulates any transportation
32service, pursuant to Section 120266, or any passenger jitney
33service, pursuant to Section 120267, and the licensed or regulated
34service employs, or contracts with, any driver who (1) is not
35required to be tested for controlled substances and alcohol pursuant
36to Part 382 (commencing with Section 382.101) of Title 49 of the
37Code of Federal Regulations,
begin delete paragraph (3) of subdivision (b) ofend delete
begin delete 53075.5 of the Government Code, Section 1032.1end delete of this code, or Section 34520 of the Vehicle Code,
40and (2) is not exempted under Section 34520 of the Vehicle Code,
P40 1the board shall adopt, by ordinance or resolution, a mandatory
2controlled substance and alcohol testing certification program for
4(b) The program adopted pursuant to subdivision (a) shall meet
5substantially the requirements set forth in paragraph (3) of
6subdivision (b) of Section 53075.5 of the Government
begin delete Code.end delete
8(c) Evidence derived from a positive test result collected
9pursuant to the program adopted under subdivision (a) shall not
10be admissible in a criminal prosecution concerning unlawful
11possession, sale, or distribution of controlled substances.
(a) The prospective employer of a driver who drives
15a vehicle specified in subdivision (k) shall obtain a report showing
16the driver’s current public record as recorded by the department.
17For purposes of this subdivision, a report is current if it was issued
18less than 30 days prior to the date the employer employs the driver.
19The report shall be reviewed, signed, and dated by the employer
20and maintained at the employer’s place of business until receipt
21of the pull-notice system report pursuant to subdivisions (b) and
22(c). These reports shall be presented upon request to an authorized
23representative of the Department of the California Highway Patrol
24during regular business hours.
25(b) The employer of a driver who drives a vehicle specified in
26subdivision (k) shall participate in a pull-notice system, which is
27a process for the purpose of providing the employer with a report
28showing the driver’s current public record as recorded by the
29department, and any subsequent convictions, failures to appear,
30accidents, driver’s license suspensions, driver’s license revocations,
31or any other actions taken against the driving privilege or
32certificate, added to the driver’s record while the employer’s
33notification request remains valid and uncanceled. As used in this
34section, participation in the pull-notice system means obtaining a
35requester code and enrolling all employed drivers who drive a
36vehicle specified in subdivision (k) under that requester code.
37(c) The employer of a driver of a vehicle specified in subdivision
38(k) shall, additionally, obtain a periodic report from the department
39at least every 12 months. The employer shall verify that each
40employee’s driver’s license has not been suspended or revoked,
P41 1the employee’s traffic violation point count, and whether the
2employee has been convicted of a violation of Section 23152 or
323153. The report shall be signed and dated by the employer and
4maintained at the employer’s principal place of business. The
5report shall be presented upon demand to an authorized
6representative of the Department of the California Highway Patrol
7during regular business hours.
8(d) Upon the termination of a driver’s employment, the employer
9shall notify the department to discontinue the driver’s enrollment
10in the pull-notice system.
11(e) For the purposes of the pull-notice system and periodic report
12process required by subdivisions (b) and (c), an owner, other than
13an owner-operator as defined in Section 34624, and an employer
14who drives a vehicle described in subdivision (k) shall be enrolled
15as if he or she were an employee. A family member and a volunteer
16 driver who drives a vehicle described in subdivision (k) shall also
17be enrolled as if he or she were an employee.
18(f) An employer who, after receiving a driving record pursuant
19to this section, employs or continues to employ as a driver a person
20against whom a disqualifying action has been taken regarding his
21or her driving privilege or required driver’s certificate, is guilty of
22a public offense, and upon conviction thereof, shall be punished
23by confinement in a county jail for not more than six months, by
24a fine of not more than one thousand dollars ($1,000), or by both
25that confinement and fine.
26(g) As part of its inspection of bus maintenance facilities and
27terminals required at least once every 13 months pursuant to
28subdivision (c) of Section 34501, the Department of the California
29Highway Patrol shall determine whether each transit operator, as
30defined in Section 99210 of the Public Utilities Code, is then in
31compliance with this section and Section 12804.6, and shall certify
32each operator found to be in compliance. Funds shall not be
33allocated pursuant to Chapter 4 (commencing with Section 99200)
34of Part 11 of Division 10 of the Public Utilities Code to a transit
35operator that the Department of the California Highway Patrol has
36not certified pursuant to this section.
37(h) (1) A request to participate in the pull-notice system
38established by this section shall be accompanied by a fee
39determined by the department to be sufficient to defray the entire
40actual cost to the department for the notification service. For the
P42 1receipt of subsequent reports, the employer shall also be charged
2a fee established by the department pursuant to Section 1811. An
3employer who qualifies pursuant to Section 1812 shall be exempt
4from any fee required pursuant to this section. Failure to pay the
5fee shall result in automatic cancellation of the employer’s
6participation in the notification services.
7(2) A regularly organized fire department, having official
8recognition of the city, county, city and county, or district in which
9the department is located, shall participate in the pull-notice
10program and shall not be subject to the fee established pursuant
11to this subdivision.
12(3) The Board of Pilot Commissioners for Monterey Bay and
13the Bays of San Francisco, San Pablo, and Suisun, and its port
14agent shall participate in the pull-notice system established by this
15section, subject to Section 1178.5 of the Harbors and Navigation
16Code, and shall not be subject to the fees established pursuant to
18(i) The department, as soon as feasible, may establish an
19automatic procedure to provide the periodic reports to an employer
20by mail or via an electronic delivery method, as required by
21subdivision (c), on a regular basis without the need for individual
23(j) (1) The employer of a driver who is employed as a casual
24driver is not required to enter that driver’s name in the pull-notice
25system, as otherwise required by subdivision (a). However, the
26employer of a casual driver shall be in possession of a report of
27the driver’s current public record as recorded by the department,
28prior to allowing a casual driver to drive a vehicle specified in
29subdivision (k). A report is current if it was issued less than six
30months prior to the date the employer employs the driver.
31(2) For the purposes of this subdivision, a driver is employed
32as a casual driver when the employer has employed the driver less
33than 30 days during the preceding six months. “Casual driver”
34does not include a driver who operates a vehicle that requires a
35passenger transportation endorsement.
36(k) This section applies to a vehicle for the operation of which
37the driver is required to have a class A or class B driver’s license,
38a class C license with any endorsement issued pursuant to Section
3915278, a class C license issued pursuant to Section 12814.7, or a
40certificate issued pursuant to Section 12517, 12519, 12520, 12523,
P43 112523.5, or 12527,
begin delete orend delete a passenger vehicle having a seating capacity
2of not more than 10 persons, including the driver, operated for
3compensation by a charter-party carrier of passengers or passenger
4stage corporation pursuant to a certificate of public convenience
5and necessity or a permit issued by the Public Utilities
begin delete Commission.end delete
8(l) This section shall not be construed to change the definition
9of “employer,” “employee,” or “independent contractor” for any
11(m) A motor carrier who contracts with a person to drive a
12vehicle described in subdivision (k) that is owned by, or leased to,
13that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
14(f), (j), (k), and (l) and the employer obligations in those
16(n) Reports issued pursuant to this section, but only those for a
17driver of a taxicab engaged in transportation services as described
18in subdivision (a) of Section 53075.5 of the Government Code,
19shall be presented upon request, during regular business hours, to
20an authorized representative of the administrative agency
21responsible for issuing permits to taxicab transportation services
22pursuant to Section 53075.5 of the Government Code.
(a) (1) On and after March 1, 1998, no person who
26is employed primarily as a driver of a motor vehicle that is used
27for the transportation of persons with developmental disabilities,
28as defined in subdivision (a) of Section 4512 of the Welfare and
29Institutions Code, shall operate that motor vehicle unless that
30person has in his or her possession a valid driver’s license of the
31appropriate class and a valid special driver certificate issued by
33(2) This subdivision only applies to a person who is employed
34by a business, a nonprofit organization, or a state or local public
36(b) The special driver certificate shall
be issued only to an
37applicant who has cleared a criminal history background check by
38the Department of Justice and, if applicable, by the Federal Bureau
P44 1(1) In order to determine the applicant’s suitability as the driver
2of a vehicle used for the transportation of persons with
3developmental disabilities, the Department of the California
4Highway Patrol shall require the applicant to furnish to that
5department, on a form provided or approved by that department
6for submission to the Department of Justice, a full set of
7fingerprints sufficient to enable a criminal background
9(2) Except as provided in paragraph (3), an applicant shall
10furnish to the Department of the California Highway Patrol
11evidence of having resided in this state for seven consecutive years
12immediately prior to the date of application for the certificate.
13(3) If an applicant is unable to furnish the evidence required
14under paragraph (2), the Department of the California Highway
15Patrol shall require the applicant to furnish an additional full set
16of fingerprints. That department shall submit those fingerprint
17cards to the Department of Justice. The Department of Justice
18shall, in turn, submit the additional full set of fingerprints required
19under this paragraph to the Federal Bureau of Investigation for a
20national criminal history record check.
21(4) Applicant fingerprint forms shall be processed and returned
22to the area office of the Department of the California Highway
23Patrol from which they originated not later than 15 working days
24from the date on which the fingerprint forms were received by the
25Department of Justice, unless circumstances, other than the
26administrative duties of the Department of Justice, warrant further
27 investigation. Upon implementation of an electronic fingerprinting
28system with terminals located statewide and managed by the
29Department of Justice, the Department of Justice shall ascertain
30the information required pursuant to this subdivision within three
32(5) The applicant shall pay, in addition to the fees authorized
33in Section 2427, a fee of twenty-five dollars ($25) for an original
34certificate and twelve dollars ($12) for the renewal of that
35certificate to the Department of the California Highway Patrol.
36(c) A certificate issued under this section shall not be deemed
37a certification to operate a particular vehicle that otherwise requires
38a driver’s license or endorsement for a particular class under this
P45 1(d) On or after March 1, 1998, no person who operates a
2business or a nonprofit organization or agency shall employ a
3person who is employed primarily as a driver of a motor vehicle
4for hire that is used for the transportation of persons with
5developmental disabilities unless the employed person operates
6the motor vehicle in compliance with subdivision (a).
7(e) Nothing in this section precludes an employer of persons
8who are occasionally used as drivers of motor vehicles for the
9transportation of persons with developmental disabilities from
10requiring those persons, as a condition of employment, to obtain
11a special driver certificate pursuant to this section or precludes any
12volunteer driver from applying for a special driver certificate.
13(f) As used in this section, a person is employed primarily as
14driver if that person performs at least 50 percent of his or her time
15worked including, but not limited to, time spent assisting persons
16onto and out of the vehicle, or at least 20 hours a week, whichever
17is less, as a compensated driver of a motor vehicle for hire for the
18transportation of persons with developmental disabilities.
19(g) This section does not apply to any person who has
20successfully completed a background investigation prescribed by
21law, including, but not limited to, health care transport vehicle
22operators, or to the operator of a taxicab regulated pursuant to
begin delete 21100.end delete This section does not apply to a
25person who holds a valid certificate, other than a farm labor vehicle
26driver certificate, issued under Section 12517.4 or 12527. This
27section does not apply to a driver who provides transportation on
28a noncommercial basis to persons with developmental disabilities.
Every owner of a vehicle used in the transportation of
32passengers for hire,
begin delete including taxicabs,end delete when the operation of the
33vehicle is not subject to regulation by the Public Utilities
34Commission, shall maintain, whenever he or she may be engaged
35in conducting those operations, proof of financial responsibility
36resulting from the ownership or operation of the vehicle and arising
37by reason of personal injury to, or death of, any one person, of at
38least fifteen thousand dollars ($15,000), and, subject to the limit
39of fifteen thousand dollars ($15,000) for each person injured or
40killed, of at least thirty thousand dollars ($30,000) for the injury
P46 1to, or the death of, two or more persons in any one accident, and
2for damages to property of at least five thousand dollars ($5,000)
3resulting from any one accident. Proof of financial responsibility
4may be maintained by either:
5(a) Being insured under a motor vehicle liability policy against
7(b) Obtaining a bond of the same kind, and containing the same
8provisions, as those bonds specified in Section 16434.
9(c) By depositing with the department thirty-five thousand
10dollars ($35,000), which amount shall be deposited in a special
11deposit account with the Controller for the purpose of this section.
12(d) Qualifying as a self-insurer under Section 16053.
13The department shall return the deposit to the person entitled
14thereto when he or she is no longer required to maintain proof of
15financial responsibility as required by this section or upon his or
Local authorities may adopt rules and regulations by
20ordinance or resolution regarding all of the following matters:
21(a) Regulating or prohibiting processions or assemblages on the
23(b) Licensing and regulating the operation of vehicles for hire
24and drivers of passenger vehicles for hire.
26 Regulating traffic by means of traffic officers.
28 Regulating traffic by means of official traffic control devices
29meeting the requirements of Section 21400.
31 (1) Regulating traffic by means of a person given temporary
32or permanent appointment for that duty by the local authority when
33official traffic control devices are disabled or otherwise inoperable,
34at the scenes of accidents or disasters, or at locations as may require
35traffic direction for orderly traffic flow.
36(2) A person shall not be appointed pursuant to this subdivision
37unless and until the local authority has submitted to the
38commissioner or to the chief law enforcement officer exercising
39jurisdiction in the enforcement of traffic laws within the area in
40which the person is to perform the duty, for review, a proposed
P47 1program of instruction for the training of a person for that duty,
2and unless and until the commissioner or other chief law
3enforcement officer approves the proposed program. The
4commissioner or other chief law enforcement officer shall approve
5a proposed program if he or she reasonably determines that the
6program will provide sufficient training for persons assigned to
7perform the duty described in this subdivision.
9 Regulating traffic at the site of road or street construction
10or maintenance by persons authorized for that duty by the local
13 (1) Licensing and regulating the operation of tow truck
14service or tow truck drivers whose principal place of business or
15employment is within the jurisdiction of the local authority,
16excepting the operation and operators of any auto dismantlers’ tow
17vehicle licensed under Section 11505 or any tow truck operated
18by a repossessing agency licensed under Chapter 11 (commencing
19with Section 7500) of Division 3 of the Business and Professions
20Code and its registered employees.
21(2) The Legislature finds that the safety and welfare of the
22general public is promoted by permitting local authorities to
23regulate tow truck service companies and operators by requiring
24licensure, insurance, and proper training in the safe operation of
25towing equipment, thereby ensuring against towing mistakes that
26may lead to violent confrontation, stranding motorists in dangerous
27situations, impeding the expedited vehicle recovery, and wasting
28state and local law enforcement’s limited resources.
29(3) This subdivision does not limit the authority of a city or city
30and county pursuant to Section 12111.
32 Operation of bicycles, and, as specified in Section 21114.5,
33electric carts by physically disabled persons, or persons 50 years
34of age or older, on public sidewalks.
36 Providing for the appointment of nonstudent school crossing
37guards for the protection of persons who are crossing a street or
38highway in the vicinity of a school or while returning thereafter
39to a place of safety.
P48 1 Regulating the methods of deposit of garbage and refuse in
2streets and highways for collection by the local authority or by
3any person authorized by the local authority.
5 (1) Regulating cruising.
6(2) The ordinance or resolution adopted pursuant to this
7subdivision shall regulate cruising, which is the repetitive driving
8of a motor vehicle past a traffic control point in traffic that is
9congested at or near the traffic control point, as determined by the
10ranking peace officer on duty within the affected area, within a
11specified time period and after the vehicle operator has been given
12an adequate written notice that further driving past the control
13point will be a violation of the ordinance or resolution.
14(3) A person
is not in violation of an ordinance or resolution
15adopted pursuant to this subdivision unless both of the following
17(A) That person has been given the written notice on a previous
18driving trip past the control point and then again passes the control
19point in that same time interval.
20(B) The beginning and end of the portion of the street subject
21to cruising controls are clearly identified by signs that briefly and
22clearly state the appropriate provisions of this subdivision and the
23local ordinance or resolution on cruising.
25 Regulating or authorizing the removal by peace officers of
26vehicles unlawfully parked in a fire lane, as described in Section
2722500.1, on private property. A removal pursuant to this
28subdivision shall be consistent, to the extent possible, with the
29procedures for removal and storage set forth in Chapter 10
30(commencing with Section 22650).
32 Regulating mobile billboard advertising displays, as defined
33in Section 395.5, including the establishment of penalties, which
34may include, but are not limited to, removal of the mobile billboard
35advertising display, civil penalties, and misdemeanor criminal
36penalties, for a violation of the ordinance or resolution. The
37ordinance or resolution may establish a minimum distance that a
38mobile billboard advertising display shall be moved after a
39specified time period.
P49 1 Licensing and regulating the operation of pedicabs for hire,
2as defined in Section 467.5, and operators of pedicabs for hire,
3including requiring one or more of the following documents:
4(1) A valid California driver’s license.
5(2) Proof of successful completion of a bicycle safety training
6course certified by the League of American Bicyclists or an
7equivalent organization as determined by the local authority.
8(3) A valid California identification card and proof of successful
9completion of the written portion of the California driver’s license
10examination administered by the department. The department shall
11administer, without charging a fee, the original driver’s license
12written examination on traffic laws and signs to a person who
13states that he or she is, or intends to become, a pedicab operator,
14and who holds a valid California identification card or has
15successfully completed an application for a California identification
16card. If the person achieves a passing score on the examination,
17the department shall issue a certificate of successful completion
18of the examination, bearing the person’s name and identification
19card number. The certificate shall not serve in lieu of successful
20completion of the required examination administered as part of
21any subsequent application for a driver’s license. The department
22is not required to enter the results of the examination into the
23computerized record of the person’s identification card or otherwise
24retain a record of the examination or results.
26 (1) This section does not authorize a local authority to enact
27or enforce an ordinance or resolution that establishes a violation
28if a violation for the same or similar conduct is provided in this
29code, nor does it authorize a local authority to enact or enforce an
30ordinance or resolution that assesses a fine, penalty, assessment,
31or fee for a violation if a fine, penalty, assessment, or fee for a
32violation involving the same or similar conduct is provided in this
34(2) This section does not preclude a local authority from enacting
35parking ordinances pursuant to existing authority in Chapter 9
36(commencing with Section 22500) of Division 11.
38 (1) Regulating advertising signs on motor vehicles parked
39or left standing upon a public street. The ordinance or resolution
P50 1may establish a minimum distance that the advertising sign shall
2be moved after a specified time period.
3(2) Paragraph (1) does not apply to any of the following:
4(A) Advertising signs that are permanently affixed to the body
5of, an integral part of, or a fixture of a motor vehicle for permanent
6decoration, identification, or display and that do not extend beyond
7the overall length, width, or height of the vehicle.
8(B) If the license plate frame is installed in compliance with
9Section 5201, paper advertisements issued by a dealer contained
10within that license plate frame or any advertisements on that license
12(3) As used in paragraph (2), “permanently affixed” means any
13of the following:
14(A) Painted directly on the body of a motor vehicle.
15(B) Applied as a decal on the body of a motor vehicle.
16(C) Placed in a location on the body of a motor vehicle that was
17specifically designed by a vehicle manufacturer as defined in
18Section 672 and licensed pursuant to Section 11701, in compliance
19with both state and federal law or guidelines, for the express
20purpose of containing an advertising sign.
(a) (1) A magistrate presented with the affidavit of
24a peace officer
begin delete or a designated local transportation officerend delete
25 establishing reasonable cause to believe that a vehicle, described
26by vehicle type and license number, is being operated as a taxicab
27or other passenger vehicle for hire in violation of
begin delete licensing shall issue a warrant or
28requirements adopted by a local authority under subdivision (b)
29of Section 21100end delete
31order authorizing the peace officer
begin delete or designated local to immediately seize and cause the removal
32transportation officerend delete
33of the vehicle.
begin delete As used in this section, “designated local
34transportation officer” means any local public officer employed
35by a local authority to investigate and enforce local taxicab and
36vehicle for hire laws and regulations.end delete
37(2) The warrant or court order may be entered into a
39(3) A vehicle so impounded may be impounded for a period not
40to exceed 30 days.
P51 1(4) The impounding agency, within two working days of
2impoundment, shall send a notice by certified mail, return receipt
3requested, to the legal owner of the vehicle, at an address obtained
4from the department, informing the owner that the vehicle has
5been impounded and providing the owner with a copy of the
6warrant or court order. Failure to notify the legal owner within
7two working days shall prohibit the impounding agency from
8charging for more than 15 days’ impoundment when a legal owner
9redeems the impounded vehicle. The law enforcement agency shall
10be open to issue a release to the registered owner or legal owner,
11or the agent of either, whenever the agency is open to serve the
12public for regular, nonemergency business.
13(b) (1) An impounding agency shall release a vehicle to the
14registered owner or his or her agent prior to the end of the
15impoundment period and without the permission of the magistrate
16authorizing the vehicle’s seizure under any of the following
18(A) When the vehicle is a stolen vehicle.
19(B) When the vehicle was seized under this section for an
20offense that does not authorize the seizure of the vehicle.
21(C) When the vehicle is a rental car.
22(2) A vehicle may not be released under this subdivision, except
23upon presentation of the registered owner’s or agent’s currently
begin delete licenseend delete to operate the vehicle under the begin delete licensingend delete
begin delete adopted by the local authority under subdivision (b) and proof of current
26of Section 21100,end delete
28vehicle registration, or upon order of the court.
29(c) (1) Whenever a vehicle is impounded under this section,
30the magistrate ordering the storage shall provide the vehicle’s
31registered and legal owners of record, or their agents, with the
32opportunity for a poststorage hearing to determine the validity of
34(2) A notice of the storage shall be mailed or personally
35delivered to the registered and legal owners within 48 hours after
36issuance of the warrant or court order, excluding weekends and
37holidays, by the person or agency executing the warrant or court
38order, and shall include all of the following information:
39(A) The name, address, and telephone number of the agency
40providing the notice.
P52 1(B) The location of the place of storage and a description of the
2vehicle, which shall include, if available, the name or make, the
3manufacturer, the license plate number, and the mileage of the
5(C) A copy of the warrant or court order and the peace officer’s
6affidavit, as described in subdivision (a).
7(D) A statement that, in order to receive their poststorage
8hearing, the owners, or their agents, are required to request the
9hearing from the magistrate issuing the warrant or court order in
10person, in writing, or by telephone, within 10 days of the date of
12(3) The poststorage hearing shall be conducted within two court
13days after receipt of the request for the hearing.
14(4) At the hearing, the magistrate may order the vehicle released
15if he or she finds any of the circumstances described in subdivision
16(b) or (e) that allow release of a vehicle by the impounding agency.
17(5) Failure of either the registered or legal owner, or his or her
18agent, to request, or to attend, a scheduled hearing satisfies the
19poststorage hearing requirement.
20(6) The agency employing the peace officer
begin delete or designated local who caused the magistrate to issue the
21transportation officerend delete
22warrant or court order shall be responsible for the costs incurred
23for towing and storage if it is determined in the poststorage hearing
24that reasonable grounds for the storage are not established.
25(d) The registered owner or his or her agent is responsible for
26all towing and storage charges related to the impoundment, and
27any administrative charges authorized under Section 22850.5.
28(e) A vehicle removed and seized under subdivision (a) shall
29be released to the legal owner of the vehicle or the legal owner’s
30agent prior to the end of the impoundment period and without the
31permission of the magistrate authorizing the seizure of the vehicle
32if all of the following conditions are met:
33(1) The legal owner is a motor vehicle dealer, bank, credit union,
34acceptance corporation, or other licensed financial institution
35legally operating in this state or is another person, not the registered
36owner, holding a security interest in the vehicle.
37(2) (A) The legal owner or the legal owner’s agent pays all
38towing and storage fees related to the seizure of the vehicle. A lien
39sale processing fee shall not be charged to the legal owner who
40redeems the vehicle prior to the 15th day of impoundment. Neither
P53 1the impounding authority nor any person having possession of the
2vehicle shall collect from the legal owner of the type specified in
3paragraph (1), or the legal owner’s agent, any administrative
4charges imposed pursuant to Section 22850.5 unless the legal
5owner voluntarily requested a poststorage hearing.
6(B) A person operating or in charge
of a storage facility where
7vehicles are stored pursuant to this section shall accept a valid
8bank credit card or cash for payment of towing, storage, and related
9fees by a legal or registered owner or the owner’s agent claiming
10the vehicle. A credit card shall be in the name of the person
11presenting the card. “Credit card” means “credit card” as defined
12in subdivision (a) of Section 1747.02 of the Civil Code, except,
13for the purposes of this section, credit card does not include a credit
14card issued by a retail seller.
15(C) A person operating or in charge of a storage facility
16described in subparagraph (B) who violates subparagraph (B) shall
17be civilly liable to the owner of the vehicle or to the person who
18tendered the fees for four times the amount of the towing, storage,
19and related fees, but not to exceed five hundred dollars ($500).
20(D) A person operating or in charge of a
21described in subparagraph (B) shall have sufficient funds on the
22premises of the primary storage facility during normal business
23hours to accommodate, and make change in, a reasonable monetary
25(E) Credit charges for towing and storage services shall comply
26with Section 1748.1 of the Civil Code. Law enforcement agencies
27may include the costs of providing for payment by credit when
28making agreements with towing companies on rates.
29(3) (A) The legal owner or the legal owner’s agent presents to
30the law enforcement agency or impounding agency, or any person
31acting on behalf of those agencies, a copy of the assignment, as
32defined in subdivision (b) of Section 7500.1 of the Business and
33Professions Code; a release from the one responsible governmental
34agency, only if required by the agency; a government-issued
35photographic identification card; and any one of the following as
36determined by the legal owner or the legal owner’s agent: a
37certificate of repossession for the vehicle, a security agreement
38for the vehicle, or title, whether paper or electronic, showing proof
39of legal ownership for the vehicle. The law enforcement agency,
40impounding agency, or any other governmental agency, or any
P54 1person acting on behalf of those agencies, shall not require the
2presentation of any other documents.
3(B) The legal owner or the legal owner’s agent presents to the
4person in possession of the vehicle, or any person acting on behalf
5of the person in possession, a copy of the assignment, as defined
6in subdivision (b) of Section 7500.1 of the Business and
7Professions Code; a release from the one responsible governmental
8agency, only if required by the agency; a government-issued
9photographic identification card; and any one of the following as
10determined by the legal owner or the legal owner’s agent: a
11certificate of repossession for the vehicle, a security agreement
12for the vehicle, or title, whether paper or electronic, showing proof
13of legal ownership for the vehicle. The person in possession of the
14vehicle, or any person acting on behalf of the person in possession,
15shall not require the presentation of any other documents.
16(C) All presented documents may be originals, photocopies, or
17facsimile copies, or may be transmitted electronically. The law
18enforcement agency, impounding agency, or any person in
19possession of the vehicle, or anyone acting on behalf of them, shall
20not require any documents to be notarized. The law enforcement
21agency, impounding agency, or any person acting on behalf of
22those agencies, may require the agent of the legal owner to produce
23a photocopy or facsimile copy of its repossession agency license
24or registration issued pursuant to Chapter 11 (commencing with
25Section 7500) of Division 3 of the Business and Professions Code,
26or to demonstrate, to the satisfaction of the law enforcement
27agency, impounding agency, or any person in possession of the
28vehicle, or anyone acting on behalf of them, that the agent is
29exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
30Business and Professions Code.
31(D) An administrative cost authorized under subdivision (a) of
32Section 22850.5 shall not be charged to the legal owner of the type
33specified in paragraph (1) who redeems the vehicle unless the legal
34owner voluntarily requests a poststorage hearing. A city, county,
35city and county, or state agency shall not require a legal owner or
36a legal owner’s agent to request a poststorage hearing as a
37requirement for release of the vehicle to the legal owner or the
38legal owner’s agent. The law enforcement agency, impounding
39agency, or any other governmental agency, or any person acting
40on behalf of those agencies, shall not require any documents other
P55 1than those specified in this paragraph. The law enforcement agency,
2impounding agency, or other governmental agency, or any person
3acting on behalf of those agencies, may not require any documents
4to be notarized. The legal owner or the legal owner’s agent shall
5be given a copy of any documents he or she is required to sign,
6except for a vehicle evidentiary hold logbook. The law enforcement
7agency, impounding agency, or any person acting on behalf of
8those agencies, or any person in possession of the vehicle, may
9photocopy and retain the copies of any documents presented by
10the legal owner or legal owner’s agent.
11(4) A failure by a storage facility to comply with any applicable
12conditions set forth in this subdivision shall not affect the right of
13the legal owner or the legal owner’s agent to retrieve the vehicle,
14provided all conditions required of the legal owner or legal owner’s
15agent under this subdivision are satisfied.
16(f) (1) A legal owner or the legal owner’s agent that obtains
17release of the vehicle pursuant to subdivision (e) shall not release
18the vehicle to the registered owner of the vehicle or the person
19who was listed as the registered owner when the vehicle was
20impounded or any agents of the registered owner until the
21termination of the impoundment period.
22(2) The legal owner or the legal owner’s agent shall not
23relinquish the vehicle to the registered owner or the person who
24was listed as the registered owner when the vehicle was impounded
25until the registered owner or that owner’s agent presents his or her
26valid driver’s license or valid temporary driver’s license, and an
begin delete licenseend delete that is in compliance with the begin delete licensingend delete
begin delete adopted by the local authority under subdivision (b) to the legal owner or the
29of Section 21100,end delete
31legal owner’s agent. The legal owner or the legal owner’s agent
32or the person in possession of the vehicle shall make every
33reasonable effort to ensure that the
begin delete licensesend delete
34 presented are valid and possession of the vehicle will not be given
35to the driver who was involved in the original impoundment
36proceeding until the expiration of the impoundment period.
37(3) Prior to relinquishing the vehicle, the legal owner may
38require the registered owner to pay all towing and storage charges
39related to the impoundment and the administrative charges
P56 1authorized under Section 22850.5 that were incurred by the legal
2owner in connection with obtaining the custody of the vehicle.
3(4) Any legal owner who knowingly releases or causes the
4release of a vehicle to a registered owner or the person in
5possession of the vehicle at the time of the impoundment or any
6agent of the registered owner in violation of this subdivision shall
7be guilty of a misdemeanor and subject to a civil penalty in the
8amount of two thousand dollars ($2,000).
9(5) The legal owner, registered owner, or person in possession
10of the vehicle shall not change or attempt to change the name of
11the legal owner or the registered owner on the records of the
12department until the vehicle is released from the impoundment.
13(g) Notwithstanding any other provision of this section, the
14registered owner and not the legal owner shall remain responsible
15for any towing and storage charges related to the impoundment
16and the administrative charges authorized under Section 22850.5
17and any parking fines, penalties, and administrative fees incurred
18by the registered owner.
19(h) The law enforcement agency and the impounding agency,
20including any storage facility acting on behalf of the law
21enforcement agency or impounding agency, shall comply with this
22section and shall not be liable to the registered owner for the
23improper release of the vehicle to the legal owner or the legal
24owner’s agent if the release complies with this section. The legal
25owner shall indemnify and hold harmless a storage facility from
26any claims arising out of the release of the vehicle to the legal
27owner or the legal owner’s agent and from any damage to the
28vehicle after its release, including the reasonable costs associated
29with defending any such claims. A law enforcement agency shall
30not refuse to issue a release to a legal owner or the agent of a legal
31owner on the grounds that it previously issued a release.
(a) In every taxicab operated in this state there shall
35be a sign of heavy material, not smaller than 6 inches by 4 inches,
36or such other size as the
begin delete agency regulating the operation of the provides for other notices or
38signs required to be in every taxicab, securely attached and clearly
39displayed in view of the passenger at all times, providing in letters
P57 1as large as the size of the sign will reasonably allow, all of the
3(1) The name, address, and telephone number of the
begin delete agency the operation of the taxicab.
6(2) The name, address, and telephone number of the
begin delete firm by the
7licensed or controlledend delete
begin delete agency regulating
9the operation of the taxicab.end delete
10(b) In the event more than one local regulatory agency has
11jurisdiction over the operation of the taxicab, the notice required
12by paragraph (1) of subdivision (a) shall provide the name, address,
13and telephone number of the agency having jurisdiction in the area
14where the taxicab operator conducts its greatest volume of business;
15or, if this cannot readily be ascertained, the agency having
16jurisdiction in the area where the taxicab operator maintains its
17offices or primary place of business, provided that the operator
18conducts a substantial volume of business in such area; or, if neither
19of the foregoing provisions apply, any agency having jurisdiction
20of an area where the taxicab operator conducts a substantial volume
23 As used in this section, “taxicab” means a passenger
24 vehicle designed for carrying not more than eight persons,
25excluding the driver, and used to carry passengers for
begin delete hire.end delete “Taxicab” shall not include a charter-party
29carrier of passengers within the meaning of the Passenger
begin delete Act, Chapterend delete 8 (commencing
31with Section 5351) of Division 2 of the Public Utilities
begin delete Code.end delete
Section 19607.2 of the Business and Professions
9Code is amended to read:
Notwithstanding Section 19605.8, when satellite
11wagering is conducted on thoroughbred races at associations or
12fairs in the northern zone, an amount not to exceed 2 percent of
13the total amount handled by all of those satellite wagering facilities,
14shall be deducted from the funds otherwise allocated for
15distribution as commissions, purses, and owners’ premiums and
16instead distributed to an organization formed and operated by
17thoroughbred racing associations, fairs conducting thoroughbred
18racing, and the organization representing thoroughbred horsemen
19and horsewomen, for use pursuant to Section 19607.3. A vote of
20the organization representing thoroughbred horsemen and
21horsewomen shall constitute 50 percent of all voting interests on
22the board of the organization formed and operated to administer
23the fund. The other 50 percent of all voting interests shall be
24allocated among thoroughbred racing associations and fairs
25conducting thoroughbred racing in a manner that provides
26meaningful representation on the governing board of the
27organization for thoroughbred racing associations and fairs
28conducting thoroughbred racing, except as provided in subdivision
29(h) of Section 19607.3.
Section 19607.3 of the Business and Professions Code
31 is amended to read:
(a) Notwithstanding Section 19535, the funds
33distributed to the organization formed pursuant to Section 19607.2
34shall be used to pay the organization’s expenses and compensate
35the provider of a board-approved auxiliary offsite facility for
36stabling, training, and vanning of thoroughbred horses in the
37northern zone. The organization administering the auxiliary offsite
38stabling and training facility and vanning program shall submit its
39proposed financial and operational plans for the upcoming calendar
40year to the board for review no later than November 1 of the
P59 1preceding year. Neither the organization administering the auxiliary
2offsite stabling and training facility and vanning program nor any
3of the entities forming and operating the organization, except the
4entity operating the auxiliary offsite stabling and training facility
5where the injury occurred, shall be liable for any injury to any
6jockey, exercise person, owner, trainer, or any employee or agent
7thereof, or any horse occurring at any auxiliary offsite stabling
8and training facility.
9(b) The funds shall also be used to cover all or part of the cost
10of vanning thoroughbred horses from a board-approved auxiliary
11offsite stabling and training facility to the track to start in a
12thoroughbred race at a thoroughbred or fair racing meeting in the
13northern zone. The organization shall determine the extent of and
14manner in which compensation will be paid for thoroughbred
15horses that are vanned from the auxiliary facility to the track or
16the fair conducting the thoroughbred or fair racing meeting. Neither
17the organization administering the auxiliary offsite stabling and
18training facility and vanning program nor any of the entities
19forming and operating the organization, except an entity actually
20engaged in vanning horses, is liable for any injury occurring to
21any individual or horse during vanning from an offsite stabling
22and training facility.
23(c) The auxiliary offsite stabling and training facilities and the
24amenities provided for offsite stabling and training purposes shall
25be substantially equivalent in character to those provided by the
26thoroughbred racing association or fair conducting the racing
28(d) In order to ensure the long-term availability of facilities for
29offsite stabling and training, the organization may enter into
30multiyear contracts for auxiliary facilities in the northern zone.
31The organization shall submit to the board for its approval the
32multiyear contracts that it enters into with providers of auxiliary
33facilities for offsite stabling and training. Contracts not disapproved
34by the board within 60 days of submittal to the board shall be
35deemed to have been approved by the board.
36(e) At the request of the board, the organization shall submit a
37report detailing all of its receipts and expenditures over the prior
38two fiscal years and, upon request of any party within the
39organization, those receipts and expenditures shall be audited by
P60 1(f) In addition to the uses of the funds described in subdivisions
2(a) and (b), the organization may use the funds for both of the
4(1) Maintain a reserve fund of up to 10 percent of the total
5estimated annual vanning and auxiliary offsite stabling and training
6facility costs. In addition to the reserve fund, if the funds generated
7for the auxiliary offsite stabling and training facilities and vanning
8are insufficient to fully cover the expenses incurred, the
9organization may, in the future, accumulate sufficient funds to
10fully cover those expenses.
11(2) Pay back commissions, purses, and owners’ premiums to
12the extent the deductions made pursuant to Section 19607.2 exceed
13in any year the amount of funds necessary to achieve the objectives
14of the organization.
15(g) The amount initially deducted and distributed to the
16organization pursuant to Section 19607.2 may, at the request of
17the organization, be adjusted by the board, in its discretion.
18However, the adjusted amount may not exceed 2 percent of the
19total amount handled by satellite wagering facilities. The amount
20deducted and distributed to the organization as adjusted by the
21board may be a different percentage of the handle for different
22associations and fairs conducting thoroughbred racing meetings
23in the northern zone, but only if all the associations and fairs agree
24to the differing percentages.
25(h) A thoroughbred racing association or fair in the northern
26zone that is able to provide the minimum number of stalls required
27by its racing meeting license without the use of any auxiliary offsite
28stabling and training facility and vanning program may opt out of
29that program, in which case the deduction described in Section
3019607.2 shall not apply during the live racing meeting conducted
31by the association or fair until such time as the association or fair
32opts back into the auxiliary offsite stabling and training facility
33and vanning program. Any thoroughbred racing association or fair
34in the northern zone that opts out of the auxiliary offsite stabling
35and training facility and vanning program shall not have any voting
36interest therein until such time as the association or fair opts back
37into the program. The organization shall establish reasonable
38procedures and timelines for the giving of notice to the organization
39by a thoroughbred racing association or fair that elects to opt out
P61 1of the auxiliary offsite stabling and training facility and vanning
3(i) The board shall reserve the right to adjudicate any disputes
4that arise regarding costs, or other matters, relating to the furnishing
5of offsite stabling, training, or vanning. Notwithstanding any other
6law, the board shall maintain all powers necessary and proper to
7ensure that offsite stabling, training, and vanning, as provided for
8 in this article, is conducted in a manner that protects the public
9and serves the best interests of horse racing.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:
23At current levels, there are insufficient funds to maintain an
24auxiliary offsite stabling and training facility and vanning program
25at racing meetings of thoroughbred horses conducted by
26thoroughbred racing associations or fairs. Therefore, in order to
27raise sufficient funds before the winter thoroughbred horse racing
28season begins, it is necessary that this act take effect immediately.