BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1151


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          Date of Hearing:  April 27, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1151  
          (Santiago) - As Amended March 26, 2015


          SUBJECT:  Parking violations:  penalties


          SUMMARY:  Authorizes local agencies to allow payment of parking  
          penalties in installments if the violator provides evidence of  
          an inability to pay the penalty in full.  Specifically, this  
          bill:  


          1)Authorizes an issuing agency, consistent with written  
            guidelines established by the agency, to allow payment of a  
            parking penalty in installments if the violator provides  
            evidence satisfactory to the issuing agency of an inability to  
            pay the penalty in full.


          2)Authorizes an examiner in an administrative hearing process to  
            authorize payment of a parking penalty in installments at any  
            stage of the initial review or administrative hearing process.  



          EXISTING LAW:  


          1)Establishes the procedures that local agencies must follow  








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            when issuing and processing parking citations.


          2)Establishes procedures for contesting parking citations,  
            including procedures for an administrative hearing process.


          3)Provides that if the examiner in an administrative hearing  
            process determines that a person committed the parking  
            violation as cited, the examiner may, consistent with written  
            guidelines established by the issuing agency, allow payment of  
            the parking penalty in installments or allow for deferred  
            payment.


          4)Authorizes the examiner in an administrative hearing process  
            to permit the performance of community service in lieu of  
            payment of a parking penalty if authorized by the governing  
            board of the issuing agency.


          5)Authorizes the penalty for specified violations, including  
            illegally parking in a space designated for disabled persons  
            and misuse of a disabled parking placard, to be paid in  
            installments if the issuing agency determines that the  
            violator is unable to pay the entire amount in one payment.


          FISCAL EFFECT:  None


          COMMENTS:  Current law generally establishes the procedures that  
          local agencies must follow when issuing and processing parking  
          citations.  The law allows for people to contest parking  
          citations and provides for an administrative hearing process.   
          At the end of the administrative hearing process, if the  
          examiner finds that the person committed the violation as cited,  
          the examiner can allow the person to pay their penalty in  
          installments, or offer deferred payments if authorized by the  








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          issuing agency.  The examiner may also allow the violator to  
          perform community service in lieu of paying the penalty.  The  
          law does not allow local agencies to offer installments payments  
          or deferred payments for parking penalties to violators who do  
          not go through the administrative hearing process, except in the  
          case of tickets for misusing a disabled placard or illegally  
          parking in a space designated for disabled persons. 


          AB 1151 allows local agencies to offer installment payments to  
          violators who provide evidence of an inability to pay their  
          parking penalty in full, regardless of whether the violator  
          contests the citation.  The sponsor of this bill, the City of  
          Los Angeles, would like to offer installment payments for  
          parking penalties but finds that the law stands in its way. 


          It makes little sense that someone would be forced to contest a  
          parking citation in order to access the ability to ask for a  
          payment plan.  If cities and counties want to offer payment  
          plans for parking citations, they should have the ability to do  
          so at any point in the process.  Offering payment plans up front  
          may serve to cut down on the number of contested citations,  
          saving public money in the long run. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          City of Los Angeles (Sponsor)












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          Opposition


          None on file




          Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093