BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1943|
          |Office of Senate Floor Analyses   |                              |
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                                      CONSENT 


          Bill No:  AB 1943
          Author:   Linder (R), et al.
          Amended:  6/8/16 in Senate
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 6/14/16
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           ASSEMBLY FLOOR:  79-0, 4/21/16 (Consent) - See last page for  
            vote

           SUBJECT:   Parking:  county transportation commissions


          SOURCE:    Author


          DIGEST:  This bill provides Riverside County Transportation  
          Commission (RCTC) with the authority to enforce parking  
          regulations on property it owns, and to contract with private  
          vendors for parking enforcement services.

          ANALYSIS:  

          Existing law:
          
          1)Establishes county transportation commissions to coordinate  
            public transportation services within counties, reduce traffic  
            congestion, avoid redundant public transportation services,  
            and provide adequate transit options for all residents.


          2)Authorizes certain public entities to impose parking  
            regulations on property they own.  These entities include  








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            cities and counties, public schools, parks, municipal  
            airports, hospitals, harbor districts, rapid transit  
            districts, public transportation agencies, transit development  
            boards, and county transportation commissions.


          3)Gives public transportation agencies the ability to enforce  
            the parking laws and regulations on property they own in the  
            manner of other public entities, such as cities and counties.   



          4)Establishes procedures regarding the enforcement of parking  
            violations and for the removal of vehicles.


          This bill:

          1)Expands the definition of a "public transportation agency" to  
            include certain county transportation commissions.


          2)Authorizes the RCTC to enter into contracts with private  
            vendors for the enforcement of parking regulations, including  
            vehicle removal.


          Background

          Existing code provides an exhaustive catalogue of public  
          entities that are authorized to regulate parking on property  
          they own.  AB 953 (Roth, Chapter 192, Statutes of 2014) added  
          county transportation commissions to this list.  However, the  
          provision conveying enforcement authority is directed to "public  
          transportation agencies," which are defined in terms of the  
          services they provide.  Since county transportation commissions  
          do not directly provide or operate transportation services, they  
          do not fall under a "public transportation agency" as defined in  
          this section.  Thus these entities may lack the authority to  
          enforce parking rules that they are explicitly authorized to  
          establish.









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          A limited fix for a limited problem.  While the authority gap  
          described above would appear to be a serious issue for county  
          transportation commissions across the state, nearly all of these  
          entities are adequately covered by existing law.  One common way  
          that this occurs is when a commission is also authorized to  
          serve as an additional type of entity, such as a congestion  
          management authority, a consolidated agency, or a toll  
          authority, and derives the necessary enforcement powers from  
          this designation.  In other cases, parking facilities are  
          operated by the transit provider, not the commission, so  
          authority to enforce parking regulations at the commission level  
          is unnecessary. 

          Consequently, RCTC is currently the only county transportation  
          commission that owns and operates parking facilities without  
          adequate authority to enforce parking rules.  This bill  
          therefore expands the existing definition of "public  
          transportation agency" so that it includes county transportation  
          commissions created pursuant to the code section that  
          establishes them in Los Angeles, Orange, Riverside, and San  
          Bernardino counties.  Due to the limited scope of the problem  
          and the fact that county transportation commissions are not all  
          established in the same code section, this specific approach to  
          closing the enforcement gap appears to be the most  
          straightforward solution.

          Other changes.  This bill also makes several non-substantive  
          changes to existing law and provides RCTC with the authority to  
          contract with private vendors for parking enforcement, including  
          towing.

          Comments
          
          Purpose.  According to the author, this bill corrects a  
          technicality in the law that prevents county transportation  
          commissions from being able to enforce parking restrictions at  
          the facilities they own.  The author claims that this will  
          streamline the management of transit facilities and provide more  
          consistent parking regulations than possible under current law.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  








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          Com.:NoLocal:    No


          SUPPORT:   (Verified 6/15/16)


          Riverside County Transportation Commission


          OPPOSITION:   (Verified6/15/16)


          None received


          ASSEMBLY FLOOR:  79-0, 4/21/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, 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, Quirk, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Ridley-Thomas


          Prepared by:Sarah Carvill / T. & H. / (916) 651-4121
          6/17/16 15:03:36


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