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)
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|COMMITTEE VOTE: |13-0 |(August 28, 2012) |RECOMMENDATION: |concur |
|(TRANS.) | | | | |
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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,
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county, or state agency to remove (impound) vehicles under the
following circumstances:
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
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vehicles removed (impounded) or enforce civil 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 an Assembly
policy committee.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-2093
FN: 0005723