Bill Text: CA AB237 | 2009-2010 | Regular Session | Amended

California Assembly Bill 237 (Prior Session Legislation)

Bill Title: Vehicles: inspection of loads.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-07-07 - In committee: Set, first hearing. Testimony taken. Further hearing to be set. [AB237 Detail]

Download: California-2009-AB237-Amended.html

BILL NUMBER: AB 237	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 6, 2009

   An act to amend Section 2810 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 237, as amended, Carter. Vehicles: inspection of 
loads: metal products.   loads. 
   (1) Existing law authorizes the Department of the California
Highway Patrol to stop a vehicle transporting timber products,
livestock, poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease and inspect certain documents to determine
whether the driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in legal
possession, to take custody of the vehicle and load, as prescribed,
and imposes duties on the sheriff with respect to the care and
safekeeping of those products.
   This bill would make those provisions applicable with regard to a
vehicle that is transporting metal products  or metal alloy
products  . By imposing additional duties on a sheriff regarding
the care and safekeeping of metal products  and metal alloy
products  , this bill would impose a state-mandated local
program.
   The bill additionally would authorize a member of a city police
department and a member of the county sheriff's office  , whose
primary responsibility is to conduct theft investigations,  to
stop and inspect vehicles transporting  any of  those loads.

   (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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 2810 of the Vehicle Code is amended to read:
   2810.  (a) A member of the California Highway Patrol, a member of
a city police department  whose primary responsibility is to
conduct theft investigations , or a member of a county's sheriff'
s office  whose primary responsibility is to conduct theft
investigations  may stop a vehicle transporting timber products,
livestock, poultry, farm produce, crude oil, petroleum products,
metal products,  metal alloy products,  or inedible kitchen
grease, and inspect the bills of lading, shipping or delivery papers,
or other evidence to determine whether the driver is in legal
possession of the load, and, upon reasonable belief that the driver
of the vehicle is not in legal possession, shall take custody of the
vehicle and load and turn them over to the custody of the sheriff of
the county in which the timber products, livestock, poultry, farm
produce, crude oil, petroleum products, metal products,  metal
alloy products,  or inedible kitchen grease, or any part of
those loads, is apprehended.
   (b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products, metal products, 
metal alloy products,  or inedible kitchen grease, or any 
part  of those loads, and immediately, in cooperation with the
department or a city police department, proceed with an investigation
and its legal disposition.
   (c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.