BILL ANALYSIS Ó AB 2104 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2104 (Gordon) As Amended July 6, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 30, 2012) |SENATE: |34-0 |(August 13, | | | | | | |2012) | ----------------------------------------------------------------- (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: AB 2104 Page 2 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 AB 2104 Page 3 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