BILL NUMBER: AB 718 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 14, 2015
AMENDED IN ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chu
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 25, 2015
An act to add Section 50034 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 718, as amended, Chu. Local government: powers.
Existing law authorizes the legislative body of a city or county
to pass ordinances not in conflict with state or federal law and the
state or federal constitution.
This bill would prohibit the legislative body of a city, county,
or city and county from prohibiting or otherwise subjecting to civil
or criminal penalties, or removing or impounding a motor vehicle by
reason of, the act of sleeping or resting in a lawfully parked motor
vehicle. The bill would also find and declare that the provisions of
the bill address the health and safety of homeless individuals, a
matter of statewide concern, and that therefore, they apply to
charter cities, charter counties, and charter cities and counties.
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. The Legislature finds and declares that the provisions
of this measure address the health and safety of homeless
individuals, a matter of statewide concern, and that therefore, they
apply to charter cities, charter counties, and charter cities and
counties.
SEC. 2. Section 50034 is added to the Government Code, to read:
50034. (a) The legislative body of a city,
county, or city and county shall not prohibit or otherwise subject to
civil or criminal penalties, or remove and impound a motor vehicle
by reason of, the act of sleeping or resting in a lawfully parked
motor vehicle.
(b) Nothing in this section shall be interpreted to do any of the
following:
(1) Prohibit a law enforcement officer from arresting, citing, or
otherwise penalizing an occupant of a motor vehicle for any criminal
activity or violation of the Vehicle Code.
(2) Exempt an occupant of a motor vehicle from compliance with any
state or local law, including those relating to litter, sanitation,
alcohol or drug consumption, weapons possession, animal control, or
noise control.
(3) Exempt a vehicle owner from compliance with a local ordinance
that restricts the use of public streets for vehicle storage.