Existing law generally prohibits a person from owning or operating a vehicle that resembles a law enforcement vehicle, with various exceptions that include using a vehicle exclusively for movie or television production with signs stating movie car prominently on the doors.

This bill would additionally exclude from these prohibitions a vehicle that is in the possession of a federal, state, or local historical society or museum that is open to the public and secured and operated with specified restrictions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 309

Author:(Maienschein)

As Amended Ver:July 2, 2019

Majority vote

SUMMARY:

This bill extends exemptions from the general prohibition against owning or operating a vehicle with law enforcement markings.

The Senate Amendments:

Strike language which would allow an institutional collection to come under this bill's exemptions and make additional technical and clarifying changes.

COMMENTS:

Please see the policy committee analysis for a full discussion of the measure.

According to the Author:

Museums and police historical societies that promote community relations are at risk of violating California Vehicle Code because the obsolete police cars, which are considered some of their most visible and interesting artifacts, may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979.

Arguments in Support:

The sponsor, San Diego Police Historical Association, states in their support, "For many, an antique vehicle occupies a special place in nostalgic memories. Whether it reminds people of a simpler era, a special time in their life, or simply a long sought dream vehicle, car shows are as popular now as they have ever been. Police departments throughout the Golden State recognize this phenomenon and often use antique police cars at community relations events, recruiting fairs and other community outreach. …Approval of AB 309 will allow not just the San Diego Police Museum to own and display post 1979 police cars – some of which have significant historical value – but every museum and other educational institution in the State of California stymied by existing law."

Arguments in Opposition:

There is no opposition on file for this measure.

FISCAL COMMENTS:

None. This measure has been keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA: 7-0-0

YES: Chu, Diep, Chiu, Choi, Friedman, Kamlager-Dove, Nazarian

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Brough, Burke, Frazier

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Jones

UPDATED:

VERSION: July 2, 2019

CONSULTANT: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0001204

 THIRD READING  

Bill No: AB 309

Author: Maienschein (D)

Amended: 7/2/19 in Senate

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 13-0, 6/25/19

AYES: Beall, Bates, Dahle, Dodd, Galgiani, McGuire, Morrell, Roth, Rubio, Skinner, Stone, Umberg, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/13/19 - See last page for vote

SUBJECT: Vehicles that appear to be used by law enforcement: ownership or operation by public historical society or museum

SOURCE: Author

DIGEST:

This bill extends exemptions from the general prohibition against owning or operating a vehicle with law enforcement markings.

ANALYSIS:

Existing law:

1. Provides that when a motor vehicle formerly used in law enforcement is sold for use other than law enforcement, the vehicle shall be painted and any insignia or other marking of the vehicle identifying it as a traffic law enforcement vehicle shall be removed before it shall be operated on any street or highway.
2. Prohibits any person to own or operate a motor vehicle painted to resemble a motor vehicle used by a peace officer or traffic officer. Vehicles registered before January 1, 1979, are exempted.
3. Prohibits any person to own or operate a motor vehicle which is equipped with a light bar, or facsimile thereof, to resemble a motor vehicle used by a peace officer or traffic officer.
4. Provides exceptions from the above prohibitions for specified purposes, such as those used in movies.

This bill provides exemptions to the above existing laws for vehicles that meet all of the following conditions:

1. The vehicle is possessed by a federal, state, or local historical society or museum that is open to the public;
2. The vehicle is secured from unauthorized operation and is not operated upon a public road or highway.
3. The prohibition on operation on a public road or highway does not apply to:
   1. Vehicles of a model year at least 25 years prior to the year of operation, or
   2. Instances where the vehicle is operating within a temporary street closure for a special event when the operation is approved by the local authority having jurisdiction over the street closure.

Comments

1. Author’s Statement. Museums and police historical societies that promote community relations are at risk of violating California Vehicle Code because the obsolete police cars, which are considered some of their most visible and interesting artifacts, may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979.
2. Why? This bill arose because in San Diego local officials determined that current law prohibited the local police historical association from displaying post-1979 marked police cars. Supporters note that antique police cars are often used at community relations events and recruiting fairs.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/5/19)

California Association of Museums

California State Sheriffs Association

Napa Police Historical Society

Peace Officers Research Association of California

San Diego Police Historical Association

OPPOSITION: (Verified 7/5/19)

None received

ASSEMBLY FLOOR: 76-0, 5/13/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Brough, Burke, Frazier

Prepared by: Randy Chinn / TRANS. / (916) 651-4121

7/5/19 15:16:11

**** END ****

SENATE COMMITTEE ON TRANSPORTATION

Senator Jim Beall, Chair

2019 - 2020 Regular

Bill No: AB 309 Hearing Date: 6/25/2019

SUBJECT: Vehicles that appear to be used by law enforcement: ownership or operation by public historical society, museum, or institutional collection

DIGEST: This bill extends exemptions from the general prohibition against owning or operating a vehicle with law enforcement markings.

ANALYSIS:

Existing law:

1. Provides that when a motor vehicle formerly used in law enforcement is sold for use other than law enforcement, the vehicle shall be painted and any insignia or other marking of the vehicle identifying it as a traffic law enforcement vehicle shall be removed before it shall be operated on any street or highway.
2. Prohibits any person to own or operate a motor vehicle painted to resemble a motor vehicle used by a peace officer or traffic officer. Vehicles registered before January 1, 1979 are exempted.
3. Prohibits any person to own or operate a motor vehicle which is equipped with a light bar, or facsimile thereof, to resemble a motor vehicle used by a peace officer or traffic officer.
4. Provides exceptions from the above prohibitions for specified purposes, such as those used in movies.

This bill provides exemptions to the above existing laws for vehicles that meet all of the following conditions:

1. The vehicle is possessed by a federal, state, or local historical society, museum, or institutional collection that is open to the public;
2. The vehicle is secured from unauthorized operation and is not operated upon a public road or highway.
3. The prohibition on operation on a public road or highway does not apply to:
4. Vehicles of a model year at least 25 years prior to the year of operation, or
5. Instances where the vehicle is being operating within a temporary street closure for a special event when the operation is approved by the local authority having jurisdiction over the street closure.

COMMENTS:

1. Author’s Statement. Museums and police historical societies that promote community relations are at risk of violating California Vehicle Code because the obsolete police cars, which are considered some of their most visible and interesting artifacts, may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979.
2. Why? This bill arose because in San Diego local officials determined that current law prohibited the local police historical association from displaying post-1979 marked police cars. Supporters note that antique police cars are often used at community relations events and recruiting fairs.
3. Technical Amendment. In addition to historical societies and museums, the bill allows vehicles possessed by “institutional collections” to possess marked police vehicles. It is not clear what an “institutional collection” is and there is no legal definition. The author may wish to consider deleting this phrase as it is unnecessary to the purpose of the bill.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 19, 2019.)

SUPPORT:

California Association of Museums

California State Sheriffs Association

Napa Police Historical Society

PORAC

San Diego Police Historical Association

OPPOSITION:

None received.

-- END --

SENATE COMMITTEE ON TRANSPORTATION

Senator Jim Beall, Chair

2019 - 2020 Regular

Bill No: AB 309 Hearing Date: June 11, 2019

SUBJECT: Vehicles that appear to be used by law enforcement: ownership or operation by public historical society, museum, or institutional collection

DIGEST: This bill extends exemptions from the general prohibition against owning or operating a vehicle with law enforcement markings.

ANALYSIS:

Existing law:

1. Provides that when a motor vehicle formerly used in law enforcement is sold for use other than law enforcement, the vehicle shall be painted and any insignia or other marking of the vehicle identifying it as a traffic law enforcement vehicle shall be removed before it shall be operated on any street or highway.
2. Prohibits any person to own or operate a motor vehicle painted to resemble a motor vehicle used by a peace officer or traffic officer. Vehicles registered before January 1, 1979 are exempted.
3. Prohibits any person to own or operate a motor vehicle which is equipped with a light bar, or facsimile thereof, to resemble a motor vehicle used by a peace officer or traffic officer.
4. Provides exceptions from the above prohibitions for specified purposes, such as those used in movies.

This bill provides exemptions to the above existing laws for vehicles that meet all of the following conditions:

1. The vehicle is possessed by a federal, state, or local historical society, museum, or institutional collection that is open to the public;
2. The vehicle is secured from unauthorized operation and is only operated upon a public road or highway in relation to an event or site where the vehicle will be on display, including transportation to and from the event or display site.

COMMENTS:

1. Author’s Statement. Museums and police historical societies that promote community relations are at risk of violating California Vehicle code because the obsolete police cars, which are considered some of their most visible and interesting artifacts, may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979.
2. Why? This bill arose because in San Diego local officials determined that current law prohibited the local police historical association from displaying post-1979 marked police cars. Supporters note that antique police cars are often used at community relations events and recruiting fairs.
3. Technical Amendment. In addition to historical societies and museums, the bill allows vehicles possessed by “institutional collections” to possess marked police vehicles. It is not clear what an “institutional collection” is and there is no legal definition. The author may wish to consider deleting this phrase as it is unnecessary to the purpose of the bill.
4. On the Streets? The bill allows historical societies and museums to operate marked police vehicles on public roads while travelling to and from events. Public confusion will be created as those vehicles will look identical to operating police vehicles, even though those vehicles will be operated by civilians. Those vehicles will be unable to respond to calls for help. The author may wish to consider avoiding that confusion by adding the provision that while the vehicle is being transported to and from the event, the vehicle shall display conspicuous signage indicating that the vehicle is out of service.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 5, 2019.)

SUPPORT:

California Association of Museums

California State Sheriffs Association

Napa Police Historical Society

PORAC

San Diego Police Historical Association

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 309

Author:(Maienschein)

As Amended Ver:May 9, 2019

Majority vote

SUMMARY:

Extends the exemption for retired law enforcement vehicles, as provided, from the general prohibition against owning or operating a vehicle with law enforcement markings.

Major Provisions

1. Create an exemption for post 1979 vehicles possessed by a historical society, museum, or institutional collection that is open to the public and the vehicle is secured from unauthorized operation from the general prohibition against owning or operating a vehicle with law enforcement markings
2. Clarify that authorized use of retired law enforcement vehicles under the bill will only allow operation of the vehicle upon a public road or highway in relation to an event or site where the vehicle will be on display, including transportation to and from the event or display site.

COMMENTS:

Please see the policy committee analysis for a full discussion of the measure.

According to the Author:

"Museums and police historical societies that promote community relations, are at risk of violating California Vehicle Code, because the obsolete police cars – which are considered some of their most visible and interesting artifacts – may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979."

Arguments in Support:

The sponsor, San Diego Police Historical Association, adds, "For many, an antique vehicle occupies a special place in nostalgic memories. Whether it reminds people of a simpler era, a special time in their life, or simply a long sought dream vehicle, car shows are as popular now as they have ever been. Police departments throughout the Golden State recognize this phenomenon and often use antique police cars at community relations events, recruiting fairs and other community outreach. … Approval of AB 309 will allow not just the San Diego Police Museum to own and display post 1979 police cars – some of which have significant historical value – but every museum and other educational institution in the State of California stymied by existing law."

Arguments in Opposition:

There is no opposition on file.

FISCAL COMMENTS:

This measure has been keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA: 7-0-0

YES: Chu, Diep, Chiu, Choi, Friedman, Kamlager-Dove, Nazarian

UPDATED:

VERSION: May 9, 2019

CONSULTANT: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0000382

ASSEMBLY THIRD READING

ATR Bill Id:AB 309

Author:(Maienschein)

As Introduced Ver:January 29, 2019

Majority vote

SUMMARY:

Extends the exemption for retired law enforcement vehicles, as provided, from the general prohibition against owning or operating a vehicle with law enforcement markings.

Major Provisions

This bill will create an exemption for post 1979 vehicles possessed by a historical society, museum, or institutional collection that is open to the public and the vehicle is secured from unauthorized operation from the general prohibition against owning or operating a vehicle with law enforcement markings.

COMMENTS:

Please see the policy committee analysis for a full discussion of the measure.

According to the Author:

According to the Author, "Museums and police historical societies that promote community relations, are at risk of violating California Vehicle Code, because the obsolete police cars – which are considered some of their most visible and interesting artifacts – may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles that were originally registered after 1979."

Arguments in Support:

The sponsor, San Diego Police Historical Association, adds, "For many, an antique vehicle occupies a special place in nostalgic memories. Whether it reminds people of a simpler era, a special time in their life, or simply a long sought dream vehicle, car shows are as popular now as they have ever been. Police departments throughout the Golden State recognize this phenomenon and often use antique police cars at community relations events, recruiting fairs and other community outreach. … Approval of AB 309 will allow not just the San Diego Police Museum to own and display post 1979 police cars – some of which have significant historical value – but every museum and other educational institution in the State of California stymied by existing law."

Arguments in Opposition:

There is no opposition on file.

FISCAL COMMENTS:

This bill is keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA: 7-0-0

YES: Chu, Diep, Chiu, Choi, Friedman, Kamlager-Dove, Nazarian

UPDATED:

VERSION: January 29, 2019

CONSULTANT: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0000240

Date of Hearing: April 23, 2019

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA

Kansen Chu, Chair

ABPCA Bill Id:AB 309 (

Author:Maienschein) – As Introduced Ver:January 29, 2019

SUBJECT: Vehicles that appear to be used by law enforcement: ownership or operation by public historical society, museum, or institutional collection.

SUMMARY: Extends exemptions from the general prohibition against owning or operating a vehicle with law enforcement markings, as defined, to include a vehicle possessed by a historical society, museum, or institutional collection that is open to the public and the vehicle is secured from unauthorized operation.

EXISTING LAW:

1. Provides that when a motor vehicle formerly used in law enforcement is sold for use other than law enforcement, the vehicle shall be painted and any insignia or other marking of the vehicle identifying it as a traffic law enforcement vehicle shall be removed before it shall be operated on any street or highway.
2. Prohibits any person to own or operate a motor vehicle which is equipped with a light bar, or facsimile thereof, to resemble a motor vehicle used by a peace officer or traffic officer.
3. Provides exceptions from the above prohibitions for specified purposes.

FISCAL EFFECT: This measure has been keyed as non-fiscal by the Legislative Counsel.

COMMENTS:

1. Author and supporters statement of need: To allow museums to maintain historically accurate post-1979 law enforcement vehicles. According to the Author, “Museums and police historical societies that promote community relations, are at risk of violating California Vehicle Code, because the obsolete police cars – which are considered some of their most visible and interesting artifacts – may be technically in violation of the Vehicle Code prohibition against ownership of facsimile law enforcement vehicles.” The sponsor, San Diego Police Historical Association, adds, “For many, an antique vehicle occupies a special place in nostalgic memories. Whether it reminds people of a simpler era, a special time in their life, or simply a long sought dream vehicle, car shows are as popular now as they have ever been. Police departments throughout the Golden State recognize this phenomenon and often use antique police cars at community relations events, recruiting fairs and other community outreach. … Approval of AB 309 will allow not just the San Diego Police Museum to own and display post 1979 police cars – some of which have significant historical value – but every museum and other educational institution in the State of California stymied by existing law.”
2. Current exemptions for ownership and operation motor vehicles with police markings. Under existing law the prohibition against owning and operating law enforcement vehicles or vehicles with light bars do not apply to vehicles which are painted one solid color or to vehicles first registered on or before January 1, 1979, in addition to vehicles; Owned by vehicle manufacturers or dealers; Used by law enforcement agencies, as specified; Owned by persons or companies who use the vehicles exclusively for movie or television production and display signs stating “movie car” prominently on the doors; Owned by persons or companies who use the vehicles exclusively for funeral escort purposes, or; Motorcycles without insignia.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Museums

California State Sheriffs' Association

Napa Police Historical Society

San Diego Police Historical Association

Opposition

There is no opposition on file.

Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450