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SB-741 Trash receptacles and storage containers: reflective markings.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB741:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 741


Introduced by Senator Archuleta
(Coauthor: Senator Wiener)

February 19, 2021


An act to add Chapter 22 (commencing with Section 26275) to Division 20 of the Health and Safety Code, relating to public safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 741, as introduced, Archuleta. Trash receptacles and storage containers: reflective markings.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads.
This bill would require a person who sells or provides for compensation a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side. The bill would authorize a civil penalty against a person who violates this prohibition pursuant to an action brought by the Attorney General, a district attorney, or a city attorney. The bill would specify how these civil penalty moneys would be deposited depending on which entity brings the civil penalty action, including requiring the deposit of the moneys collected by the Attorney General into the General Fund for the purpose of offsetting the Attorney General’s cost of enforcement of this prohibition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Rick Best Safety Act.

SEC. 2.

 Chapter 22 (commencing with Section 26275) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  22. Trash Receptacles and Storage Containers

26275.
 (a) A person who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.
(b) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.
(c) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.
(d) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that city’s or county’s general fund to offset the cost of enforcement of this section.
(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.
(e) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.
(f) For purposes of this section, the following definitions apply:
(1) “Person” means any individual, firm, association, partnership, corporation, or public entity of any kind.
(2) “Roadway” means any alley, road, street, or highway.