BILL NUMBER: SB 1287INTRODUCED BILL TEXT INTRODUCED BY Senator Corbett FEBRUARY 21, 2014 An act to amend Sections 2815 and 21100 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 1287, as introduced, Corbett. Vehicles: Washington Township Health Care District crossing guards. The Local Health Care District Law authorizes the organization, incorporation, and management of health care districts that are permitted to exercise specified powers, including, among others, to do any and all things that an individual might do that are necessary for, and to the advantage of, a health care facility and a nurses' training school, or a child care facility for the benefit of employees of the health care facility or residents of the district. Existing law also authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among other things, appointing nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety. Under existing law, a person who disregards a traffic signal or direction given by those crossing guards is guilty of an infraction, and subject to fines ranging from not less than $50 for a first conviction to not more than $500 for a 3rd or subsequent conviction within a 2-year period. In addition to those fines, a court may order the Department of Motor Vehicles to suspend the driver's license of a person convicted of a 3rd or subsequent violation of those provisions within a period of 2 years for up to 30 days. This bill would, notwithstanding any other law, additionally authorize the Washington Township Health Care District to appoint a health care district crossing guard to provide for the protection of persons who are crossing a street or highway within 1,000 feet of an emergency room, emergency department, or trauma center located within that health care district or while returning thereafter to a place of safety. The bill would provide that disregarding a traffic signal or direction given by a Washington Township Health Care District crossing guard is an infraction, punishable as described above. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Washington Township Health Care District. 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. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2815 of the Vehicle Code is amended to read: 2815.Any(a) A person whoshall disregarddisregards any traffic signal or direction given by a nonstudent school crossing guard, appointed pursuant to Section 21100, or authorized by any city police department, any board of supervisors of a county, or the Department of the California Highway Patrol, when the guard is wearing the official insignia of such a school crossing guard, and when in the course of the guard's duties the guard is protecting any person in crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety, shall be guilty of an infraction and subject to the penalties provided in Section 42001.1. (b) A person who disregards any traffic signal or direction given by a Washington Township Health Care District crossing guard, appointed pursuant to Section 21100, when the guard is wearing the official insignia of a Washington Township Health Care District crossing guard, and when in the course of the guard's duties the guard is protecting any person in crossing a street or highway within 1,000 feet of an emergency room, emergency department, or trauma center located within that health care district or while returning thereafter to a place of safety, shall be guilty of an infraction and subject to the penalties provided in Section 42001.1. SEC. 2. Section 21100 of the Vehicle Code is amended to read: 21100. Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters: (a) Regulating or prohibiting processions or assemblages on the highways. (b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire. (c) Regulating traffic by means of traffic officers. (d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400. (e) (1) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow. (2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision. (f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority. (g) (1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers' tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees. (2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement's limited resources. (3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111. (h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks. (i) (1) Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety. (2) Notwithstanding any other law, the Washington Township Health Care District, organized and governed pursuant to the Local Health Care District Law (Division 23 (commencing with Section 32000) of the Health and Safety Code), may appoint a health care district crossing guard to provide for the protection of persons who are crossing a street or highway within 1,000 feet of an emergency room, emergency department, or trauma center located within that health care district or while returning thereafter to a place of safety. (j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. (k) (1) Regulating cruising. (2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution. (3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply: (A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval. (B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising. (l) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650). (m) Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period. (n) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents: (1) A valid California driver's license. (2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority. (3) A valid California identification card and proof of successful completion of the written portion of the California driver's license examination administered by the department. The department shall administer, without charging a fee, the original driver's license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the person's name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver's license. The department is not required to enter the results of the examination into the computerized record of the person's identification card or otherwise retain a record of the examination or results. (o) (1) This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code. (2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11. (p) (1) Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period. (2) Paragraph (1) does not apply to any of the following: (A) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. (B) If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame. (3) As used in paragraph (2), "permanently affixed" means any of the following: (A) Painted directly on the body of a motor vehicle. (B) Applied as a decal on the body of a motor vehicle. (C) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the numerous pedestrian accidents that have occurred at the crosswalk on Civic Center Drive linking the Washington Township Health Care District campuses, and the need to protect patients, employees, and other pedestrians at that intersection from the threat of serious injury as a result of being struck by a vehicle. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect patients, employees, and other pedestrians in the Washington Township Health Care District from the immediate threat posed by traffic conditions at the crosswalk on Civic Center Drive linking the Washington Township Health Care District campuses, where recent collisions have resulted in multiple serious injuries, it is necessary that this act take effect immediately.