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

California Assembly Bill 237 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 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.
   (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. By imposing additional
duties on a sheriff regarding the care and safekeeping of metal
products, this bill would impose a state-mandated local program.

   This would 
    The bill  additionally  would  authorize a
member of a city police department  ,   and
 a member of the county sheriff's office  , and a
specified district attorney investigation  to stop and
inspect vehicles transporting  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,  or  a member of a county's
sheriff's office  , or a district attorney investigator 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, 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,
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, or
inedible kitchen grease, or any of those loads, and immediately, in
cooperation with the department  ,   or  a
city police department,  or the district attorney's office,
 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.