BILL ANALYSIS
AB 1155
Page 1
GOVERNOR'S VETO
AB 1155 (Audra Strickland)
As Amended January 25, 2010
2/3 vote
PUBLIC SAFETY 7-0 TRANSPORTATION 9-0
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| |Ammiano, Hagman, |Ayes:|Eng, Bill Berryhill, |
| |Furutani, Gilmore, Hill, | |Blumenfield, Buchanan, |
| |Huffman, Skinner | |Furutani, |
| | | |Bonnie Lowenthal, John A. |
|Ayes:| | |Perez, Solorio, Torlakson |
| | | | |
| | | | |
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APPROPRIATIONS 17-0
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| |De Leon, Conway, Ammiano, | | |
| |Bradford, Charles | | |
| |Calderon, Coto, Davis, | | |
| |Fuentes, Hall, Harkey, | | |
| |Miller, Nielsen, John A. | | |
|Ayes:|Perez, Skinner, Solorio, | | |
| |Audra Strickland, | | |
| |Torlakson | | |
| | | | |
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|ASSEMBLY: |73-0 |(January 28, |SENATE: |34-0 |(July 1, 2010) |
| | |2010) | | | |
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AB 1155
Page 2
SUMMARY : Makes additional traffic laws enforceable on
off-street, private parking facilities upon enactment of an
ordinance or resolution by a city or county. Specifically, this
bill :
1)Allows a city or county, by ordinance or resolution, to make
the following traffic laws enforceable in privately owned and
maintained off-street parking facilities:
a) Failing to obey a traffic control sign;
b) Throwing a substance at a vehicle;
c) Drinking an alcoholic beverage while driving a motor
vehicle;
d) Drinking an alcoholic beverage while in a motor vehicle;
e) Possessing an open container containing an alcoholic
beverage while driving a motor vehicle;
f) Operating a vehicle with a sound amplification system
that can be heard outside the vehicle from 50 or more feet;
and,
g) Permitting a child under the age of four, or under 40
pounds, to be transported in a vehicle without properly
using a child passenger restraint system.
EXISTING LAW :
1)Provides that a city or county may declare that there are
privately owned and maintained off-street parking facilities
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,
specified Vehicle Code sections shall apply to privately owned
AB 1155
Page 3
and maintained off-street parking facilities. These include:
a) The general speed law; no person shall drive a vehicle
at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the
surface and width of, the highway, and in no event at a
speed which endangers the safety of persons or property;
b) Reckless driving; a person who drives a vehicle in an
off-street parking facility in willful or wanton disregard
for the safety of persons or property is guilty of reckless
driving. Persons convicted of reckless driving shall be
punished by imprisonment in a county jail for not less than
five days nor more than 90 days or by a fine of not less
than $145 nor more than $1,000, or by both that fine and
imprisonment;and,
c) Speed contests and exhibitions of speed; a person shall
not engage in a motor vehicle speed contest on a highway.
As used in this section, a motor vehicle speed contest
includes a motor vehicle race against another vehicle, a
clock, or other timing device, or aid or abet in any motor
vehicle speed contest.
2)Provides that no ordinance or resolution enacted relating to
enforcement of public traffic regulations shall apply to any
off-street parking facility unless the owner or operator has
posted in a conspicuous place at each entrance 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 off-street
parking facility is subject to public traffic regulations and
control.
AB 1155
Page 4
3)Provides that no ordinance or resolution relating to
enforcement of public traffic regulations shall be enacted
under without a public hearing and 10 days prior written
notice to the owner and operator of the privately owned and
maintained off-street parking facility involved.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Potential, likely negligible, state trial court costs.
2)Unknown, likely minor, local revenue increase, to the extent
persons are cited and fined as a result of this bill.
COMMENTS : According to the author, "Currently, there are
already three sections of the Vehicle Code that law enforcement
is allowed to enforce on private parking facilities. This bill
would simply add eleven more sections to this list of
enforceable traffic regulatory laws.
"There are already requirements and procedures in place before
enforcement could occur. These requirements are that: (1) the
property owner request Vehicle Code enforcement on their private
parking lot or parking facility; (2) the city council approves
the request by resolution or ordinance; and (3) the proper
signage as required by the Vehicle Code is posted by the
property owner.
"Some may be concerned that this bill will encourage and
embolden law enforcement to start ticketing individuals in
parking lots, but this is a mistaken belief. There are already
requirements in our codes that would require the property owner
to show clear evidence, to the City Council, that there is a
need for law enforcement on the parking lot."
AB 1155
Page 5
Please see the policy committee for a full discussion of this
bill.
GOVERNOR'S VETO MESSAGE :
"This bill would expand the list of Vehicle Code sections that
can be enforced, by ordinance or resolution, in privately owned
off-street parking facilities. I am concerned this bill could
result in law enforcement resources being tied up in private
parking facilities when they should be focusing on public
roadways. This is the wrong time to place new responsibilities
on law enforcement resources which are already overstretched."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005328