Store Research
SB 949 of 2010: Local Authority Limitations re State Vehicle Code
December 10, 2010
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SB 949 of 2010:
What: SB 949 amended Vehicle Code sections 21 and 21100 relating to local authority and assessing penalties. This bill clarifies that the provisions of the California Vehicle Code are applicable throughout the state, and that local authorities may not enact or enforce an ordinance or resolution related to matters covered in the state Vehicle Code, including ordinances or resolutions that establish regulations or procedures for, or assess a fine, penalty, assessment, or fee for a violation of the Vehicle Code, unless expressly authorized to do so.
Who: Introduced on February 4, 2010 by the late Senator Jenny Oropeza. SB 949 was supported by the Automobile Club of Southern California, the California State Automobile Association, the Cheap School (Traffic School), the Great Comedians Traffic School, and the Traffic Safety Consultants, Inc. The bill was opposed by the League of California Cities, the Urban Counties Caucus, Alameda County, and the cities of Costa Mesa, Fremont, Los Angeles, and Red Bluff.
Why: Several local governments, including the county of Alameda and the cities of Marysville, Roseville, Riverbank, and Newman, have elected to make it their official policy to ignore certain moving violations and penalties in the state Vehicle Code and punish these offenses under their own local ordinances. Legislative Counsel has opined that such actions by local governments are illegal. The Los Angeles Police Department, the largest local law enforcement entity in the state, has reached a similar conclusion, finding such actions by local governments to be in violation of the California Constitution. With this understanding, Senator Oropeza considered this bill to be a technical cleanup measure to remove any misunderstanding local governments may have regarding their authority under state law.