BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1155|
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THIRD READING
Bill No: AB 1155
Author: Audra Strickland (R)
Amended: 1/25/10 in Assembly
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 8-0, 5/4/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,
Pavley, Simitian
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 1/28/10 - See last page for vote
SUBJECT : Traffic law enforcement in off-street private
parking facilities
SOURCE : City of Moorpark
DIGEST : This bill allows cities and counties to enforce
additional traffic laws in off-street private parking
facilities.
ANALYSIS : Current state law provides that the provisions
of the Vehicle Code are applicable and uniform throughout
the state and that a local government may not enact or
enforce an ordinance on the matters covered by the code
unless the code expressly authorizes it. Among the things
that the Vehicle Code authorizes a city or county to do is
to apply the Vehicle Code to private roads open for public
CONTINUED
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use, to private roads serving commercial establishments,
within mobilehome parks, and in certain circumstances to
private roads not open to public use.
With respect to off-street private parking facilities,
current law allows a city or county to apply only four
specific sections of the Vehicle Code, namely:
1.The general speed law.
2.The prohibition on reckless driving.
3.The prohibition on speed contests and exhibitions of
speed.
4.The Off-Highway Motor Vehicle Law.
To apply these provisions of the Vehicle Code in one or
more off-street private parking facilities, the city or
county must approve an ordinance or resolution to that
effect at a public hearing after providing the owner or
owners with at least ten days notice. In addition, the
owner of the property must post in a conspicuous place at
each entrance a sign of specified size and lettering
providing notice to motorists that the parking facility is
subject to traffic regulations and control.
This bill adds the following offenses to the list of
Vehicle Code violations that a city or county may apply to
an off-street private parking facility:
1. Throwing a substance at a vehicle.
2. Drinking an alcoholic beverage while driving a motor
vehicle.
3. Drinking an alcoholic beverage while in a motor vehicle.
4. Possessing marijuana or an open container of alcohol
while driving a motor vehicle.
5. Operating a vehicle with a sound amplification system
that can be heard 50 or more feet away.
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6. Permitting a child who is not at least six years old or
60 pounds to be transported in a vehicle without
properly using a child passenger restraint system.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/10)
City of Moorpark (source)
City of Burbank
League of California Cities
Moorpark Police Department
ARGUMENTS IN SUPPORT : According to the author's office,
current law prevents law enforcement from enforcing various
Vehicle Code violations in parking lots. As a result,
police officers have their hands tied from enforcing these
violations even when they are observing serious threats to
public safety. This bill allows cities and counties, by
ordinance or resolution, to enforce various sections of the
Vehicle Code in parking lots, providing local law
enforcement with additional tools to combat public safety
hazards.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huffman, Jeffries, Jones, Knight, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Hall, Huber, V. Manuel Perez,
Bass
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JJA:do 6/29/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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