Amended in Senate May 1, 2014

Amended in Senate April 21, 2014

Senate Bill No. 953

Introduced by Senator Roth

February 6, 2014

An act to amend Section 21113 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 953, as amended, Roth. Vehicles: parking: public grounds.

Existing law prohibits a person from driving a vehicle or animal, or stopping, parking, or leaving standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or grounds of specified public entities, including begin insert a transit district and end insert a public transportation agency, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. begin delete Existing law authorizes a public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing any vehicle, pursuant to these provisions, to enforce that condition or regulation in the same manner generally provided for the enforcement of parking regulations or designate specific employees for the purpose of removing the vehicle in the same manner as a city, county, or jurisdiction of a state agency is authorized pursuant to specified provisions of law. Existing law defines a public transportation agency, for purposes of these provisions, as a public agency that provides public transportation, as specified. end delete begin insert A violation of these provisions is an infraction. end insert

This bill would include county transportation commissions in the Counties of Los Angeles, Orange, Riverside, and San Bernardino within the begin delete definition of public transportation agency. end delete begin insert listed public entities for these purposes. By expanding the scope of a crime, the bill would create a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 21113 of the Vehicle Code is amended
to read:

21113.  

(a) A person shall not drive a vehicle or animal, or
stop, park, or leave standing a vehicle or animal, whether attended
or unattended, upon the driveways, paths, parking facilities, or the
grounds of any public school, state university, state college, unit
of the state park system, county park, municipal airport, rapid
transit district, transit development board, transit district, public
transportation agency, begin insert county transportation commission created
pursuant to Section 130050 of the Public Utilities Code, end insert begin insert end insert joint
powers agency operating or managing a commuter rail system, or
any property under the direct control of the legislative body of a
municipality, or a state, county, or hospital district institution or
building, or an educational institution exempted, in whole or in
part, from taxation, or any harbor improvement district or harbor
district formed pursuant to Part 2 (commencing with Section 5800)
or Part 3 (commencing with Section 6000) of Division 8 of the
Harbors and Navigation Code, a district organized pursuant to Part
3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, or state grounds served by the Department
of the California Highway Patrol, or any property under the
possession or control of a housing authority formed pursuant to
Article 2 (commencing with Section 34240) of Chapter 1 of Part
2 of Division 24 of the Health and Safety Code, except with the
permission of, and upon and subject to any condition or regulation
that may be imposed by, the legislative body of the municipality,
or the governing board or officer of the public school, state
university, state college, county park, municipal airport, rapid
transit district, transit development board, transit district, public
transportation agency, begin insert county transportation commission, end insert joint
powers agency operating or managing a commuter rail system, or
state, county, or hospital district institution or building, or
educational institution, or harbor district, or a district organized
pursuant to Part 3 (commencing with Section 27000) of Division
16 of the Streets and Highways Code, or housing authority, or the
Director of Parks and Recreation regarding units of the state park
system or the state agency with jurisdiction over the grounds served
by the Department of the California Highway Patrol.

(b) A governing board, legislative body, or officer shall erect
or place appropriate signs giving notice of any special conditions
or regulations that are imposed under this section and the governing
board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the governing
board, legislative body, or officer, for examination by all interested
persons, a written statement of all those special conditions and
regulations adopted pursuant to this section.

(c) When a governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions
imposed or regulations enacted by the governing board, legislative
body, or officer applicable to the traffic, all the provisions of this
code relating to traffic upon the highways shall be applicable to
the traffic upon the driveways, paths, parking facilities, or grounds.

(d) A public transportation agency that imposes any condition
or regulation upon a person who parks or leaves standing a vehicle,
pursuant to subdivision (a), is authorized to do either of the
following:

(1) Enforce that condition or regulation in the manner provided
in Article 3 (commencing with Section 40200) of Chapter 1 of
Division 17 of this code. The public transportation agency shall
be considered the issuing agency for that purpose.

(2) Designate regularly employed and salaried employees, who
are engaged in directing traffic or enforcing parking laws and
regulations, for the purpose of removing any vehicle in the same
manner as a city, county, or jurisdiction of a state agency pursuant
to Chapter 10 (commencing with Section 22650) of Division 11
of this code.

(e) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, that had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open
to the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.

(f) A transit development board may adopt ordinances, rules,
or regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, and roller skates on
property under the control of, or any portion of property used by,
the board.

(g) A public agency, including, but not limited to, the Regents
of the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, and roller skates on public property under the
jurisdiction of that agency.

(h) “Housing authority,” for the purposes of this section, means
a housing authority located within a county with a population of
over six million people, and any other housing authority that
complies with the requirements of this section.

(i) “Public transportation agency,” for purposes of this section,
means a public agency that provides public transportation as
defined in paragraph (1) of subdivision (f) of Section 1 of Article
XIX A of the California begin delete Constitution or a county transportation
commission created pursuant to Section 130050 of the Public
Utilities Code. end delete begin insert Constitution. end insert

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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