BILL ANALYSIS Ó
AB 2104
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2104 (Gordon)
As Amended July 6, 2012
Majority vote
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|ASSEMBLY: | |(May 30, 2012) |SENATE: |34-0 |(August 13, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: ED .
SUMMARY : Clarifies that public transportation agencies have the
authority to enforce parking regulations at their parking
facilities.
The Senate amendments delete the entire contents of the bill and
replace them with provisions related to the public
transportation authority's ability to enforce parking
regulations in parking facilities that they operate.
Specifically, this bill would:
1)Authorize a public transportation agency overseeing parking
facilities to enforce parking regulations and remove vehicles
in accordance with existing laws and regulations.
2)Define, for the purposes of this section, a public
transportation agency as a public agency that provides public
transportation.
3)Make related, clarifying amendments.
EXISTING LAW :
1)Makes it an infraction for any person to drive, stop, park, or
leave a vehicle or animal standing on public property,
including a transit agency property, except with the
permission of and subject to conditions or regulations that
the public agency imposes.
2)Authorizes a peace officer or parking control officer of a
city, county, or state agency to remove (impound) vehicles
under the following circumstances:
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a) When a vehicle is parked or left standing so that it
obstructs the normal movement of traffic or otherwise
creates a traffic hazard;
b) When a stolen vehicle is found on a highway or public
land;
c) When a vehicle is illegally parked to prevent access to
a fire hydrant;
d) When a vehicle has been issued five or more unresolved
parking citations;
e) When a vehicle is found illegally parked and there are
no license plates displayed;
f) When a vehicle is parked or left standing on a highway
for 72 or more consecutive hours in violation of a local
ordinance that forbids parking due to cleaning, repair, or
construction;
g) When a vehicle is illegally parked in violation of a
local ordinance;
h) When a vehicle is parked in an area where the city or
county has prohibited parking and authorized removal of
vehicles; and,
i) When a vehicle is illegally parked and blocks the
movement of legally parked vehicles.
AS PASSED BY THE ASSEMBLY , this bill repealed and modified
provisions related to prekindergarten and family literacy
programs.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Under current law, only a peace officer or regular
salaried employee of the state, county, or city may issue a
parking citation or impound a vehicle for failure to comply with
specified laws or ordinances. Since public transportation
agencies are neither "local authorities" nor "state agencies,"
existing law is ambiguous as to whether or not they have the
authority to have vehicles removed (impounded) or enforce civil
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penalties for parking violations that occur in their parking
facilities.
According to the sponsor, the North County Transit District
(NCTD), their off-street parking facilities (created and
maintained to serve NCTD transit centers) are plagued with
parking violations. They note that the most common violations
include parking facility use by non-transit customers, overnight
parking, and storage or abandonment of vehicles. NCTD states
that it currently contracts with cities to conduct parking
enforcement in their facilities, but, understandably, parking
enforcement is typically not a top priority. The resultant
parking violations are adversely impacting NCTD's ability to
provide adequate parking services for their transit customers.
This bill would expressly authorize public transportation
agencies to enforce parking regulations at their parking
facilities including issuing parking citations and removing
vehicles.
This bill in its current form has never been heard in the
Assembly.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916)
319-2093
FN: 0004468