BILL ANALYSIS Ó AB 1298 Page 1 Date of Hearing: May 2, 2011 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 1298 (Blumenfield) - As Amended: April 7, 2011 SUBJECT : Vehicle Code: 72-hour restriction. SUMMARY: Authorizes a local jurisdiction to issue an ordinance establishing a minimum distance that a vehicle must be moved to remain in compliance with the 72-hour parking restriction. Specifically this bill: 1)Authorizes a local jurisdiction, by ordinance, to establish a minimum distance that a vehicle must be moved to remain in compliance with the 72-hour parking restriction. 2)Authorizes a local jurisdiction to impound a vehicle if it is not moved the distance specified by the local ordinance. EXISTING LAW: 1)Specifies that vehicles may be removed from public and private roadways, under certain circumstances. 2)Specifies that a vehicle left standing on a highway for 72 or more consecutive hours may be removed by a peace officer. 3)Permits local authorities to enact, by ordinance or resolution, prohibitions or restrictions on the stopping, parking, or standing of vehicles, including, on certain streets or highways, or portions thereof, during all or certain hours of the day. FISCAL EFFECT : Unknown COMMENTS : The author has described a situation in Los Angeles where vehicles are left parked along roadways for extended periods of time. As the 72-hour time limit approaches (the time after which a local authority may remove a vehicle), drivers move the vehicles, usually only a short distance, and leave them again for just under 72-hours. The author notes that this happens repeatedly, resulting in vehicles remaining parked on public roadways indefinitely. While the vehicles are cited, they cannot, according to state law, be removed until they have AB 1298 Page 2 remained in place for 72 or more consecutive hours. This practice has become common and is frustrating to local law enforcement and citizens who report that these vehicles take up available on-street parking, impair visibility, and often become an attractive nuisance for vandals. The author notes that the majority of vehicles engaging in this practice are mobile billboards; however, other personal and commercial vehicle owners also employ this tactic. The author cites that the practice has continued despite the fact that law enforcement officials issue repeated citations to offenders. The author states that, typically, local jurisdictions would be allowed to address this problem through the issuance of a local ordinance specifying the distance a vehicle must be moved; however, a recent California Supreme Court decision (O'Connell v. City of Stockton) provided that local regulations are preempted by state law from setting forth the requirement that state law specifically authorize the establishment of the local ordinance. This bill seeks to establish the specific authority for the local jurisdictions to enact ordinances establishing a minimum distance a vehicle must be moved. In doing so, local jurisdictions would have the express authority to establish a reasonable distance that a car must be moved to help curb the problem of long-term vehicle storage on roadways. REGISTERED SUPPORT / OPPOSITION : Support League of California Cities Opposition None on file Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093 AB 1298 Page 3