BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2104
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          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)          |
           ----------------------------------------------------------------- 
                             (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 


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