BILL NUMBER: AB 451	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2015

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 23, 2015

   An act to amend Section 21107.8 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 451, as amended, Bonilla. Private parking facilities.
   Existing law authorizes a city or county, by ordinance or
resolution, to find and declare that there are privately owned and
maintained offstreet parking facilities within the city or county
that are generally held open for use of the public for purposes of
vehicular parking and requires, upon enactment of the ordinance or
resolution, that specified traffic laws apply, including those
related to basic speed law, reckless driving, and speed contests and
exhibitions of speed, except as specified.
   This bill would authorize a city or county to include in that
ordinance or resolution authorization for the operator of  a
 privately owned and maintained offstreet parking facility to
regulate unauthorized parking in that facility. The bill would, if a
city or county has exercised that authority and unauthorized parking
is regulated in a privately owned and maintained offstreet parking
facility, require the owner or operator of the facility to  post
language, as specified, stating that violators may be subject to a
parking invoice fee, and  include in a parking fee invoice
instructions that describe the manner in which to contest the parking
fee invoice and prohibit the owner or operator from filing with, or
transmitting to, the Department of Motor Vehicles a parking fee
invoice, as specified. The bill would also require a city or county
that authorizes private parking regulation to include, in its
ordinance or resolution, specified provisions, including those
related to dispute resolution.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21107.8 of the Vehicle Code is amended to read:

   21107.8.  (a) (1)  Any city or county may, by ordinance or
resolution, find and declare that there are privately owned and
maintained offstreet parking facilities as described in the ordinance
or resolution within the city or county that are generally held open
for use of the public for purposes of vehicular parking. Upon
enactment by a city or county of the ordinance or resolution,
Sections 22350, 23103, and 23109 and the provisions of Division 16.5
(commencing with Section 38000) shall apply to privately owned and
maintained offstreet parking facilities, except as provided in
subdivision (b).
   (2) (A) If a city or county enacts an ordinance or resolution
authorized by paragraph (1), a city or county may include in that
ordinance or resolution authorization for the operator of a privately
owned and maintained offstreet parking facility to regulate
unauthorized parking in that facility.
   (B) (i) If a city or county has exercised its authority pursuant
to subparagraph (A) and unauthorized parking is regulated in a
privately owned and maintained offstreet parking facility, the owner
or operator of that facility shall include in a parking fee invoice
instructions that describe the manner in which to contest the parking
fee invoice.
   (ii) If a city or county has exercised its authority pursuant to
subparagraph (A) and unauthorized parking is regulated in a privately
owned and maintained offstreet parking facility, the owner or
operator of that facility shall not file with, or transmit to, the
Department of Motor Vehicles a parking fee invoice for the purpose of
having the Department of Motor Vehicles attempt to collect unpaid
parking fees by refusing to issue or renew a license pursuant to
Section 12808.1 or refusing to renew the registration of a vehicle
pursuant to Section 4760.
   (b)  (1)    Notwithstanding  the
provisions of  subdivision (a),  no  
an  ordinance or resolution enacted thereunder  shall
  does not  apply to any offstreet parking facility
described  therein   in that subdivision 
unless the owner or operator has caused to be posted in a conspicuous
place at each entrance to that offstreet parking facility a notice
not less than 17 by 22 inches in size with lettering not less than
one inch in height, to the effect that the offstreet parking facility
is subject to public moving vehicle  laws.  
laws and violators may be subject to a parking invoice fee. 

   (2) If applicable, a parking receipt distributed to drivers shall
include language explicitly stating that violators may be subject to
a parking invoice fee. 
   (c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing thereon and 10 days prior written notice
to the owner and operator of the privately owned and maintained
offstreet parking facility involved.
   (d)  Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required under subdivision (a) or the
posting of a notice at each entrance to the offstreet parking
facility as required under  paragraph (1) of  subdivision
(b).
   (e) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained offstreet parking facility subject to the provisions of
this code under this section except those provisions applicable to
private property other than by action under this section.
   (f) A city or county that authorizes private parking regulation
pursuant to this section shall, in its ordinance or resolution,
include provisions that include all of the following:
   (1) Procedures of dispute resolution in accordance with those
procedures set forth in Section 40215, which shall include all of the
following:
   (A) A written and publicly available dispute resolution policy
that includes specified time periods for notifications, review, and
appeal.
   (B) An administrative hearing process that includes all of the
following:
   (i) Options for a hearing in person or by mail.
   (ii) Administrative review.
   (iii) A hearing by a third-party examiner who has been adequately
trained and who provides an independent, objective,  fair
  fair,  and impartial review.
   (iv) Personal delivery or delivery by first-class mail of an
examiner's decision.
   (v) Authority for the examiner to allow payment of the parking
charge in installments for persons showing evidence of inability to
pay the parking charge in full.
   (2) A prohibition against incentives based on the number of
invoices issued or the number or percent of disputed invoices
adjudicated that uphold parking charges.
   (3) A cap on a parking invoice fee that is commensurate with the
most nearly equivalent municipal parking fine.
   (4) Measures to prevent a private parking regulator from
representing itself as a government enforcement agency, including a
prohibition against use of terminology in ordinances or resolutions,
and in parking fee invoices, which are restricted to governmental law
enforcement, and a requirement for a conspicuous statement on
parking fee invoices to the effect that "This parking charge notice
is not issued by the  local government]."