CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2846

Introduced by Assembly Member Luz Rivas
(Coauthor: Assembly Member Friedman)

February 20, 2020

An act to add Article 8 (commencing with Section 21300) to Chapter 1 of Division 11 of the Vehicle Code, relating to horseback riding.


LEGISLATIVE COUNSEL'S DIGEST


AB 2846, as introduced, Luz Rivas. Horseback riding.
Existing law establishes rules of the road for the operation of vehicles on state highways and roads. Existing law requires a person under 18 years of age to wear a properly fitted and fastened bicycle helmet, as specified, while operating, or riding as a passenger upon, a bicycle, a nonmotorized scooter, or a skateboard, or while wearing in-line or roller skates, upon a street, bikeway, or any other public bicycle path or trail. A violation of the Vehicle Code is punishable as an infraction.
This bill would require a person under 18 years of age to wear a properly fitted and fastened helmet meeting specified requirements when that person is riding a horse, as defined, on a public street or highway. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program.
Existing law requires, among other things, that the driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries or death to make or cause to be made, within 24 hours after the accident, a written accident report to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. Existing law requires every police department that receives a report to forward the report to the Department of the California Highway Patrol.
The bill would require a law enforcement agency that responds to a horse-involved collision, as defined, to note that fact in the agency’s report and to report, on at least an annual basis, to the Transportation Agency the number of horse-involved collisions to which the agency responded. The bill would require a law enforcement agency that receives an accident report that indicates that the accident was a horse-involved collision to report, on at least an annual basis, to the Transportation Agency the number of horse-involved collisions that were reported to the law enforcement agency in those reports. By creating a new reporting duty for local law enforcement agencies, the bill would impose a state-mandated local program.
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.
The bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, the bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 8 (commencing with Section 21300) is added to Chapter 1 of Division 11 of the Vehicle Code, to read:
Article  8. Horseback Riding

21300.
 For purposes of this article, the following definitions apply:
(a) “Horse” means any equine, including a horse, pony, burro, or mule.
(b) “Horse-involved collision” means a collision in which a motor vehicle collides with a horse.
(c) “Law enforcement agency” includes, but is not limited to, the Department of the California Highway Patrol, a sheriff’s department, or a police department.

21301.
 A person under 18 years of age shall not ride a horse upon a public street or highway unless that person is wearing a properly fitted and fastened helmet that meets the standards of either the American Society for Testing and Materials or the United States Consumer Product Safety Commission, or standards subsequently established by those entities.

21302.
 (a) A law enforcement agency that responds to the scene of a horse-involved collision shall note that the collision is a horse-involved collision in the law enforcement agency’s report.
(b) (1) A law enforcement agency that responds to a horse-involved collision and notes that fact on the agency’s report pursuant to subdivision (a) shall, on at least an annual basis, report to the Transportation Agency the number of horse-involved collisions to which the law enforcement agency responded.
(2) Notwithstanding Section 20012, if a law enforcement agency receives a report pursuant to Section 20008 or 20009 that indicates that the accident was a horse-involved collision, the law enforcement agency shall, on at least an annual basis, report to the Transportation Agency the number of horse-involved collisions that were reported to the law enforcement agency in those reports.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain 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 XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.