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AB-2982 North County Transit District: City of San Diego.(2017-2018)

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Date Published: 03/23/2018 04:00 AM
AB2982:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2982


Introduced by Assembly Member Gloria

February 16, 2018


An act to amend Section 27202.1 125050 of the Vehicle Public Utilities Code, relating to vehicle equipment. transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2982, as amended, Gloria. Vehicles: required equipment. North County Transit District: City of San Diego.
Existing law provides for creation of the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law provides for the district to be governed by a board of directors, which consists of one member of the San Diego County Board of Supervisors, appointed by the board of supervisors, and one member of each city council of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista, and each new city that incorporates within the district boundaries, appointed by the respective city council.
This bill would additionally include one nonvoting member on that board who is a member of the City Council of the City of San Diego.
Because this bill would impose new duties on a local agency, the bill would create 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.
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 the statutory provisions noted above.

Existing law prohibits a person from parking, using, or operating a motorcycle manufactured on and after January 1, 2013, or modified with an aftermarket exhaust system manufactured after that date, if that motorcycle or exhaust system does not have a specified label affixed indicating that the motorcycle or exhaust emission system meets federal noise emissions standards.

This bill would make a technical, nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 125050 of the Public Utilities Code is amended to read:

125050.
 There is hereby created, in that portion of the County of San Diego as described in Section 125052, the North County Transit District. The district shall be governed by a board of directors. As used in this division, “board” means the board of directors of the district. The board shall consist of members selected as follows:
(a) One member of the San Diego County Board of Supervisors appointed by the board of supervisors, which member shall represent, on the board of supervisors, the largest portion of the area under the jurisdiction of the district.
(b) One member of each of the City Councils of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista, and each new city that incorporates within the district boundaries, appointed by the respective city council.
(c) One nonvoting member who shall be a member of the City Council of the City of San Diego.

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.
SECTION 1.Section 27202.1 of the Vehicle Code is amended to read:
27202.1.

(a)Notwithstanding any other law, a person shall not park, use, or operate a motorcycle, registered in the state, that does not bear the required applicable federal Environmental Protection Agency exhaust system label pursuant to Subparts D (commencing with Section 205.150) and E (commencing with Section 205.164) of Part 205 of Title 40 of the Code of Federal Regulations. A violation of this section shall be considered a mechanical violation and a peace officer shall not stop a motorcycle solely on a suspicion of a violation of this section. A peace officer shall cite a violation of this section as a secondary infraction.

(b)A violation of this section is punishable as follows:

(1)For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).

(2)For a second or subsequent conviction, by a fine of not less than one hundred dollars ($100), nor more than two hundred fifty dollars ($250).

(c)(1)The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150.

(2)Upon producing proof of correction to the satisfaction of the court, the court may dismiss the penalty imposed pursuant to subdivision (b) for a first violation of this section.

(d)(1)This section is applicable to a person operating a motorcycle that is manufactured on or after January 1, 2013, or a motorcycle with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013.

(2)Penalties imposed pursuant to this section are in addition to penalties imposed pursuant to any other applicable laws or regulations.

(3)This section does not supersede, negate, or otherwise alter any other applicable laws or regulations.