Bill Text: CA AB1654 | 2009-2010 | Regular Session | Introduced


Bill Title: School districts: emergency vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-27 - Referred to Com. on ED. [AB1654 Detail]

Download: California-2009-AB1654-Introduced.html
BILL NUMBER: AB 1654	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        JANUARY 15, 2010

   An act to amend Section 38004 of the Education Code, and to amend
Section 165 of the Vehicle Code, relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1654, as introduced, Conway. School districts: emergency
vehicles.
   Existing law authorizes school district governing boards to
provide and maintain motor vehicles for use of that district's
security or police department. Existing law further provides that
these motor vehicles are authorized emergency vehicles and may be
equipped and operated as specified in the Vehicle Code.
   This bill would authorize school district governing boards that do
not operate security or police departments to provide and maintain
motor vehicles for the use of the district in emergency situations.
The bill would provide that these vehicles would be authorized
emergency vehicles, as defined, when operated in an emergency
situation by an authorized district employee.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38004 of the Education Code is amended to read:

   38004.   (a)    The governing board of a school
district  which   that  establishes a
security or police department may provide and maintain motor vehicles
for the use of the department.  Any vehicle, when operated
in the performance of his or her duties by any member of the police
department,   The governing board of a school district
that does not   operate a security or police department may
provide and maintain motor vehicles for the use of the district in
emergency situations. 
    (b)     Either of the following  is an
authorized emergency vehicle  and may be equipped and
operated as such as provided by   within the meaning of
Section 165 of  the Vehicle Code  when operated by a member
of the district security or police department or by an authorized
employee of the district: 
    (1)     A vehicle provided and maintained
pursuant to this section   for the use of a school district
security or police department.  
   (2) A vehicle provided and maintained pursuant to this section for
the use, in emergency situations, of a school district that has not
established a security or police department. 
  SEC. 2.  Section 165 of the Vehicle Code is amended to read:
   165.  An authorized emergency vehicle is:
   (a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
   (b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
   (1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
   (2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code. 
   (3) Any school district that maintains a vehicle for use by its
security or police department, or, in the case of a school district
that does not operate a security or police department, that maintains
a vehicle for use in emergency situations, as provided in Section
38004 of the Education Code. 
   (c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
   (d) Any state-owned vehicle used in responding to emergency fire,
rescue or communications calls and operated either by the Office of
Emergency Services or by any public agency or industrial fire
department to which the Office of Emergency Services has assigned the
vehicle.
   (e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
   (f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
   
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