BILL NUMBER: AB 1261	CHAPTERED
	BILL TEXT

	CHAPTER   250
	FILED WITH SECRETARY OF STATE   AUGUST 8, 1997
	APPROVED BY GOVERNOR   AUGUST 8, 1997
	PASSED THE ASSEMBLY   JULY 24, 1997
	PASSED THE SENATE   JULY 18, 1997
	AMENDED IN SENATE   JUNE 26, 1997

INTRODUCED BY  Assembly Member Baugh

                        FEBRUARY 28, 1997

   An act to add Section 2810.1 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1261, Baugh.  Household goods carriers:  violations.
   (1) Under existing law, a member of the California Highway Patrol,
upon reasonable belief that any vehicle is being operated in
violation of the Vehicle Code or in an unsafe condition, may require
the driver of the vehicle to stop and submit to an inspection of the
vehicle, and its equipment, license plates, and registration card.
   Under the Household Goods Carriers Act, only those household good
carriers who have been issued permits under that act are entitled to
engage in the business of transporting certain goods for
compensation.
   The bill would authorize any traffic officer to stop any
commercial, rental vehicle and inspect certain documents to determine
whether the driver is in violation of the Household Goods Carriers
Act if the officer has probable cause to believe that the vehicle is
being operated in violation of that act.  Because a refusal to submit
to the inspection would be an infraction, the bill would impose a
state-mandated local program by creating a new crime.
   The bill would require a copy of any citation for a violation of
the above-described offenses to be submitted by the department that
employs the traffic officer to the Director of the Consumer Services
Division of the commission and would provide for an administrative
hearing regarding the citation.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 2810.1 is added to the Vehicle Code, to read:
   2810.1.  (a) Any traffic officer may stop any commercial vehicle,
as defined in Section 260, that is a rental vehicle and inspect the
bills of lading, shipping, delivery papers, or other evidence to
determine whether the driver is transporting household goods in
violation of the Household Goods Carriers Act (Chapter 7 (commencing
with Sec.  5101) of Division 2 of the Public Utilities Code).  The
officer may only stop and inspect where the officer has probable
cause to believe that the vehicle is being operated in violation of
that act.
   (b) It is a public offense, for which an officer may issue a
citation, for a driver to unlawfully transport household goods in
violation of the Household Goods Carriers Act.  That public offense
is punishable as prescribed in Article 8 (commencing with Section
5311) of Chapter 7 of Division 2 of the Public Utilities Code.  It is
an infraction to refuse to submit to an inspection as authorized by
subdivision (a).
   (c) A copy of the citation for any offense described in
subdivision (b) shall be sent by the the department that employs the
traffic officer to the Director of the Consumer Services Division of
the California Public Utilities Commission.  A copy of a citation
shall be removed from any record of the commission upon a showing
that the person was not convicted of the offense or that bail was not
forfeited for that offense.  A person for whom a copy of a citation
has been sent to the commission and is on file with the commission
may request the commission for an administrative hearing on that
matter.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution became the
only costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.