Amended in Senate June 8, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1943

Introduced by Assembly Member Linder

(Coauthor: Senator Roth)

February 12, 2016

An act to begin insert add Section 130246 to the Public Utilities Code, and to end insert amend Section 21113 of the Vehicle Code, relating to begin delete vehicles. end delete begin insert parking. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1943, as amended, Linder. begin delete Vehicles: parking: public grounds. end delete begin insert Parking: county transportation commissions. end insert

begin insert

Existing law establishes county transportation commissions in Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties for the coordination of public transportation services and the performance of various transportation planning activities. Existing law authorizes each commission to make contracts of any nature whatsoever, including to employ labor.

end insert begin insert

This bill would authorize the Riverside County Transportation Commission to enter into contracts with private vendors for the enforcement of parking regulations and the removal of vehicles parked in violation of parking regulations adopted by the commission.

end insert

Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specified public entities, including a public transportation agency and a county transportation commission, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law defines “public transportation agency” for these purposes.

This bill would revise the definition of “public transportation agency” to include a county transportation commission.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 130246 is added to the end insert begin insert Public Utilities
Code end insert begin insert , to read: end insert

begin insert

begin insert 130246. end insert   

The Riverside County Transportation Commission
may enter into contracts with private vendors for the performance
of the following services:

(a) Enforcement of parking regulations adopted by the
commission. Parking enforcement shall be performed in the manner
provided in Article 3 (commencing with Section 40200) of Chapter
1 of Division 17 of the Vehicle Code.

(b) Removal of vehicles parked in violation of a parking
regulation adopted by the commission. Removal of vehicles shall
be performed in the manner provided in Chapter 10 (commencing
with Section 22650) of Division 11 of the Vehicle Code.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 21113 of the Vehicle Code is amended to read:

21113.  

(a) (1) Except as provided in paragraph (2), 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 of the
following:

(A) A public school, state university, state college, or an
educational institution exempted, in whole or in part, from taxation.

(B) A unit of the state park system.

(C) A county park.

(D) A municipal airport.

(E) A rapid transit district, transit development board, transit
district, public transportation agency, county transportation
commission created pursuant to Section 130050 of the Public
Utilities Code, or a joint powers agency operating or managing a
commuter rail system.

(F) Any property under the direct control of the legislative body
of a municipality.

(G) A state, county, or hospital district institution or building.

(H) 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.

(I) A district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code.

(J) State grounds served by the Department of the California
Highway Patrol.

(K) 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.

(2) The activities described in paragraph (1) may be performed
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, county transportation commission, 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, electric bicycles, skateboards,
electrically motorized boards, 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,
electric bicycles, skateboards, electrically motorized boards, 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 6,000,000 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 Constitution or a county transportation
commission created pursuant to Section 130050 of the Public
Utilities Code.