BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1151|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  AB 1151
          Author:   Santiago (D)
          Amended:  3/26/15 in Assembly
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 6/23/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           ASSEMBLY FLOOR:  78-0, 5/4/15 (Consent) - See last page for  
            vote

           SUBJECT:   Parking violations:  penalties


          SOURCE:    Author


          DIGEST:  This bill authorizes a local government to allow a  
          person to agree to pay parking citations in installments at any  
          stage of the administrative hearing process.


          ANALYSIS: 

          Existing law:
          
          1)Describes the required elements of an administrative hearing  
            process for persons wishing to contest a parking violation in  
            excruciating detail, including the qualifications and training  
            required for appointed or contracted examiners responsible for  
            reviewing the contested violations.

          2)Authorizes, following the administrative hearing process, if  
            an examiner has determined that a person has committed a  








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            violation, the examiner to allow the violator to pay his or  
            her penalty in installments, or the issuing agency to allow  
            for deferred payment or installments, as long as the violator  
            provides evidence of an inability to pay the penalty in full.

          This bill authorizes, not just following determination of a  
          violation, but at any stage of the initial review or the  
          administrative hearing process, the examiner or issuing agency  
          to allow a violator to pay parking citations in installments, or  
          the issuing agency may allow for deferred payment.

          Comments

          1)Purpose.  According to the author, existing law provides for a  
            person with parking tickets the ability to enter into an  
            installment payment plan only after conclusion of an appeal  
            through the administrative process.  The requirement that a  
            person complete the administrative process before entering  
            into a payment plan inconveniences the public and creates  
            unnecessary administrative costs for local governments.  

          2)What does this bill do?  Existing law allows for people to  
            contest parking citations through an administrative hearing  
            process.  At the end of this 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 issuing agency.   
            Existing law generally does not allow local agencies to offer  
            installment payments or deferred payments for parking  
            penalties to violators who do not go through the  
            administrative hearing process. 

            This bill 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.  A supporter of this bill wants 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 request a  
            payment plan.  If cities and counties want to offer payment  








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            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 the public money in the long run.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/26/15)


          California Public Parking Association
          Office of the Mayor of Los Angeles 


          OPPOSITION:   (Verified6/26/15)


          None received

          ASSEMBLY FLOOR:  78-0, 5/4/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Dahle



          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          6/26/15 15:13:53










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