Bill Text: CA SB201 | 2009-2010 | Regular Session | Amended

California Senate Bill 201 (Prior Session Legislation)

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

Bill Title: Vehicles: illegal taxicabs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB201 Detail]

Download: California-2009-SB201-Amended.html

BILL NUMBER: SB 201	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Oropeza

                        FEBRUARY 23, 2009

   An act to amend Section 21100.4 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 201, as amended, Oropeza. Vehicles: illegal taxicabs.
   Existing law requires a magistrate, who is presented with the
affidavit of a peace officer or a designated local transportation
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, is being operated as a
taxicab or other passenger vehicle for hire in violation of the
licensing requirements adopted by a local authority, to issue a
warrant or order authorizing any peace officer to immediately seize
and cause the removal of the vehicle.  The period of impoundment
of a vehicle under this provision may not exceed 30 days. 
Existing law provides that  such a   the 
vehicle may be released  to the legal owner or his or her agent
 prior to the end of the  30 days'  period of
impoundment if specified conditions are met.
   This bill would revise these provisions to  require
  provide  that a vehicle operated as an illegal
taxicab or illegally as a passenger vehicle for hire  may
  shall  not be released prior to the  30
days'  period of impoundment unless certain conditions are
met. 
   This bill would provide that a legal owner who releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impound or an agent of
the registered owner prior to the termination of the impoundment
period shall be subject to a fine in the amount of $5,000 in addition
to any other applicable penalties. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 21100.4 of the Vehicle Code is amended to read:

   21100.4.  (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 shall issue a warrant or order authorizing the peace
officer or designated local transportation officer to immediately
seize and cause the removal of the vehicle. As used in this section,
"designated local transportation officer" means any local public
officer employed by a local authority to investigate and enforce
local taxicab and vehicle for hire laws and regulations.
   (2) The warrant or court order may be entered into a computerized
database.
   (3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
   (4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle.
   (b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
   (2) A vehicle shall not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, and proof of current vehicle registration, or upon order of
the court.
   (c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
   (2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
   (A) The name, address, and telephone number of the agency
providing the notice.
   (B) The location of the place of storage and a description of the
vehicle, that shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
   (C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
   (D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
   (3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
   (4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
   (5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
   (6) The agency employing the peace officer or designated local
transportation officer who caused the magistrate to issue the warrant
or court order shall be responsible for the costs incurred for
towing and storage if it is determined in the poststorage hearing
that reasonable grounds for the storage are not established.
   (d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
   (e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
   (3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or a certificate of repossession and a
security agreement or title showing proof of legal ownership for the
vehicle. The documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The
impounding agency may not require any documents to be notarized. The
impounding agency may require the agent of the legal owner to produce
a photocopy or facsimile copy of its repossession agency license or
registration issued pursuant to Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code, or to
demonstrate, to the satisfaction of the impounding agency, that the
agent is exempt from licensure pursuant to Section 7500.2 or 7500.3
of the Business and Professions Code.
   (B) No administrative costs authorized under subdivision (a) of
Section 22850.5 may be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The impounding agency may not require any documents other than
those specified in this paragraph. The impounding agency may not
require any documents to be notarized.
   (C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
   (f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner until the termination of the impoundment period.

   (2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner or
that owner's agent presents his or her valid driver's license or
valid temporary driver's license, and an operator's license that is
in compliance with the licensing requirements adopted by the local
authority under subdivision (b) of Section 21100, to the legal owner
or the legal owner's agent. The legal owner or the legal owner's
agent shall make every reasonable effort to ensure that the licenses
presented are valid.
   (3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle. 
   (4) A legal owner who releases or causes the release of a vehicle
to a registered owner or the person in possession of the vehicle at
the time of the impound or an agent of the registered owner in
violation of this subdivision shall be subject to a fine in the
amount of five thousand dollars ($5,000) in addition to any other
penalties established by law. 
   (g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (h) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent if the release complies with this section.