BILL ANALYSIS
AB 1104
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1104 (Monning) - As Amended: April 14, 2009
SUBJECT : Parking violations: request for review
SUMMARY : Expands the period of time during which a review of a
parking violation may be requested. Specifically, this bill :
Excludes from the time period allowed to request a review of a
parking violation the time between the day a processing agency
receives a request for a copy or facsimile of the original
notice of parking violation and the day the processing agency
complies with the request.
EXISTING LAW :
1)Allows a person to request an initial review of a notice of a
delinquent parking violation for a period of 21 calendar days
from the issuance of a notice of parking violation or 14
calendar days from the mailing of the notice.
2)Requires the issuing agency to cancel the notice if, following
the initial review, the issuing agency is satisfied that the
violation did not occur, that the registered owner was not
responsible for the violation, or that extenuating
circumstances make dismissal of the citation appropriate in
the interest of justice.
3)Allows a person, if he or she is dissatisfied with the results
of the initial review, to request an administrative hearing of
the violation no later than 21 calendar days following the
mailing of the results of the issuing agency's initial review.
4)Requires a processing agency, within 15 days of a mailed or
personal request, to mail or otherwise provide to any person
who has received a notice of delinquent parking violation a
photostatic copy of the original notice of parking violation
or an electronically produced facsimile of the original notice
of parking violation.
5)Allows the issuing agency to charge a fee sufficient to
recover the actual cost of providing the copy, not to exceed
AB 1104
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$2.
6)Requires the processing agency to cancel the notice of parking
violation without the necessity of a personal appearance if
the description of the vehicle on the notice of parking
violation does not substantially match the corresponding
information on the registration card for that vehicle and the
processing agency is satisfied that the vehicle has not been
incorrectly described due to the intentional switching of
license plates.
FISCAL EFFECT : Unknown. This bill is keyed nonfiscal.
COMMENTS : The author notes that although persons cited for
parking violations have the right to ask for a review of a
parking violation within 21 days of its issuance or 14 days of
its mailing, oftentimes the issuing agency may not respond to a
request for a copy of the original notice until the end of the
agency's 15-day window within which it must respond to such a
request. As a practical matter, this may mean that the "clock
will have run out" before the vehicle owner has the necessary
paperwork to contest a parking citation. This bill would merely
clarify that the time necessary for an alleged violator to
receive his or her requested copy of the notice does not count
against the time he or she is allowed for requesting a review.
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
None received
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093