BILL NUMBER: AB 1155	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 27, 2009

   An act to amend Section 21107.8 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1155, as introduced, Audra Strickland. Vehicles: private
parking facilities.
   (1) Existing law authorizes a city or county, by ordinance or
resolution, to find and declare that there are privately owned and
maintained offstreet parking facilities within the city or county
that are generally held open for use of the public for purposes of
vehicular parking and requires, upon enactment of the ordinance or
resolution, that specified traffic laws apply, including the basic
speed law, reckless driving, and speed contests and exhibitions of
speed, except as specified. A violation of the Vehicle Code is a
crime.
   This bill would make additional traffic laws enforceable on
offstreet private parking facilities. By increasing the number of
traffic laws that may be enforced on offstreet private parking
facilities by local law enforcement officials, the bill would impose
a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21107.8 of the Vehicle Code is amended to read:

   21107.8.  (a)  Any   A  city or county
may, by ordinance or resolution, find and declare that there are
privately owned and maintained offstreet parking facilities as
described in the ordinance or resolution within the city or county
that are generally held open for use of the public for purposes of
vehicular parking. Upon enactment by a city or county of the
ordinance or resolution, Sections  22350, 23103, and 23109
  21200.5, 21461, 21650, 22350,   22450, 23103,
23109, 23110, 23220, 23221, 23222, 24250, 27007, and 27360  and
the provisions of Division 16.5 (commencing with Section 38000)
shall apply to privately owned and maintained offstreet parking
facilities, except as provided in subdivision (b).
   (b) Notwithstanding the provisions of subdivision (a), no
ordinance or resolution enacted thereunder shall apply to any
offstreet parking facility described therein unless the owner or
operator has caused to be posted in a conspicuous place at each
entrance to that offstreet parking facility a notice not less than 17
by 22 inches in size with lettering not less than one inch in
height, to the effect that the offstreet parking facility is subject
to public traffic regulations and control.
   (c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing thereon and 10 days prior written notice
to the owner and operator of the privately owned and maintained
offstreet parking facility involved.
   (d)  Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required under subdivision (a) or the
posting of a notice at each entrance to the offstreet parking
facility as required under subdivision (b).
   (e) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained offstreet parking facility subject to the provisions of
this code under this section except those provisions applicable to
private property other than by action under this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.