| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2347Introduced by Assembly Member CarrilloFebruary 16, 2022 An act to amend Section 17300 of the Vehicle Code, relating to streets and highways. LEGISLATIVE COUNSEL'S DIGESTAB 2347, as introduced, Carrillo. Streets and highways: liability for property damage.Existing law makes a person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, liable for the reasonable cost of the repair or replacement thereof.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17300 of the Vehicle Code is amended to read:17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2347Introduced by Assembly Member CarrilloFebruary 16, 2022 An act to amend Section 17300 of the Vehicle Code, relating to streets and highways. LEGISLATIVE COUNSEL'S DIGESTAB 2347, as introduced, Carrillo. Streets and highways: liability for property damage.Existing law makes a person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, liable for the reasonable cost of the repair or replacement thereof.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2347 |
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| 15 | 15 | | Introduced by Assembly Member CarrilloFebruary 16, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Carrillo |
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| 18 | 18 | | February 16, 2022 |
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| 20 | 20 | | An act to amend Section 17300 of the Vehicle Code, relating to streets and highways. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2347, as introduced, Carrillo. Streets and highways: liability for property damage. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law makes a person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, liable for the reasonable cost of the repair or replacement thereof.This bill would make technical, nonsubstantive changes to that provision. |
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| 30 | 30 | | Existing law makes a person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, liable for the reasonable cost of the repair or replacement thereof. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would make technical, nonsubstantive changes to that provision. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 17300 of the Vehicle Code is amended to read:17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 17300 of the Vehicle Code is amended to read:17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 46 | 46 | | SECTION 1. Section 17300 of the Vehicle Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 52 | 52 | | 17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 54 | 54 | | 17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof.(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:(1) One thousand five hundred dollars ($1,500).(2) The actual repair cost or replacement cost, whichever is applicable.(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.(d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section.(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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| 58 | 58 | | 17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of the repair or replacement thereof. |
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| 60 | 60 | | (b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under pursuant to Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts: |
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| 62 | 62 | | (1) One thousand five hundred dollars ($1,500). |
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| 64 | 64 | | (2) The actual repair cost or replacement cost, whichever is applicable. |
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| 66 | 66 | | (c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances. |
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| 68 | 68 | | (d) The liability stated in this section also applies to an owner of a vehicle operated with the owners permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours. |
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| 70 | 70 | | (e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under pursuant to this section, bring actions for recovery thereon, recovery, and settle and compromise, in their discretion, claims arising under pursuant to this section. |
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| 72 | 72 | | (f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under pursuant to this section, bring actions for recovery thereon, recovery, and, in its discretion, settle and compromise the claim. |
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