BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1394
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1394 (Kehoe) - As Amended:  April 13, 2010 

          Policy Committee:                              
          TransportationVote:12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill expands circumstances under which a peace, traffic, or  
          parking officer can have an illegally parked vehicle towed.   
          Specifically, the bill:  

          1)Allows an officer to remove a vehicle that is illegally parked  
            and is blocking the entrance to any driveway (public or  
            private), if it is impractical to move the vehicle to another  
            point on the highway.  Currently, removal is allowed only in  
            cases of private driveways.

          2)Allows an officer to remove a vehicle that is illegally parked  
            in cases where it is preventing access to the scene of an  
            emergency by an authorized emergency vehicle or associated  
            equipment, if it is impracticable to move the parked vehicle  
            to another point on the highway.  

           FISCAL EFFECT
           
          State costs, if any, would be minor and absorbable.
           
          COMMENTS

          1)Background.  Existing law allows peace, traffic and parking  
            officers to remove vehicles under any of 21 specified  
            circumstances, including when a vehicle is left unattended and  
            causes an obstruction of traffic, is obstructing a fire  
            hydrant, is found on a highway and has previously been  
            reported as stolen, or is left standing for more than four  
            hours on the right-of-way of a freeway.  In general, the owner  
            of the vehicle is liable for the costs of the removal.   








                                                                  SB 1394
                                                                  Page  2


           2)Purpose  . The author indicates the bill is needed to facilitate  
            safe driving conditions and to enable emergency responders to  
            operate more effectively, thereby improving public safety.   
            She asserts that, except in the case of vehicles obstructing  
            fire hydrants, emergency responders do not have the authority  
            to request removal of vehicles that illegally obstruct their  
            activities.  In addition, the bill addresses an inconsistency  
            in current law, where officers have the authority to remove  
            cars illegally parked and blocking  private  driveways, but do  
            not have comparable authority to remove vehicles illegally  
            blocking access to  public  driveways. 

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081