BILL ANALYSIS
AB 144
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 144 (Ma) - As Amended: April 15, 2009
Policy Committee:
TransportationVote:12-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill gives local governments the flexibility to adjudicate
inappropriate use of placards or license plates issued to a
disabled person as parking violations instead of misdemeanors.
Specifically, this bill:
1)Provides the flexibility for the following violations: (a) a
disabled person knowingly permitting his or her disabled
placard or plate to be used by a person not entitled to it;
(b) a person displaying a placard that was reported lost or
stolen; (c) a person using someone else's car with a special
identification license plate who parks in a stall designated
for disabled persons; and (d) a person who, with fraudulent
intent, displays a false disabled person placard or plate.
2)Establishes for these offenses, (a) a parking violation
punishable by a civil penalty of $250 to $1,000, or (b) a
misdemeanor punishable by a fine of $250 to $1,000, and/or up
to six months imprisonment in county jail.
3)Permits local agencies to enforce restrictions relating to use
of disabled persons' parking stalls and spaces within public
or private off street parking facilities.
4)Increases from $750 to $1,000 the maximum fine for an
infraction involving parking in a handicapped space without a
valid plate or placard.
5)Requires cities and counties to impose a 10% assessment on
such fines for deposit into their general funds.
AB 144
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FISCAL EFFECT
1)Potential reduction in local court-related costs to the extent
violations related to disabled placards and licenses are
shifted from misdemeanors to infractions.
2)Potential increase in local fine revenues, to the extent that
the flexibility results in greater enforcement of laws related
to use of a disabled person placard or license plates.
COMMENTS
1)Background . Existing law allows a disabled person displaying
special license plates or a distinguishing placard to park for
unlimited periods in any restricted zone or on streets upon
which preferential parking privileges or time limits exist. A
person meeting these requirements may also park in any metered
parking space without being required to pay parking meter
fees.
Current law specifies that inappropriate use of these plates
or placards is punishable as a misdemeanor with a fine of $250
to $500 for the first violation, $500 to $750 for the second
violation, and $750 to $1000 for third and subsequent
violations. Misdemeanor violations are enforced by peace
officers, adjudicated through the courts, and carry potential
jail terms as punishment.
2)Rationale . This bill is sponsored by the City and County of
San Francisco, which asserts that providing local governments
with the option to adjudicate violations as parking violations
instead of misdemeanors will result in more effective
enforcement of laws related to the use of disabled person
placards and licenses. The sponsor also indicates that taking
many of these violations outside the court system will allow
parking control officers to be on the street a greater period
of time (instead of in court), and allow judicial resources to
be used for more serious crimes.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081