BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2366
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  eng
                                                         VERSION: 5/25/12
          Analysis by:  Carrie Cornwell                  FISCAL:  yes
          Hearing date:  June 26, 2012



          SUBJECT:

          Vehicle equipment:  correctable violations

          DESCRIPTION:

          This bill increases the cost of a fix-it ticket issued on a 
          parking ticket from $10 to $25.

          ANALYSIS:

          Existing law makes numerous Vehicle Code violations that involve 
          vehicle equipment, vehicle registration, display of license 
          plates, and possession of driver's licenses subject to a notice 
          to correct, sometimes called a "fix-it" ticket.  Typically, to 
          resolve a fix-it ticket, a person must show a peace officer the 
          correction (e.g., a repaired taillight if the driver was cited 
          for an inoperative taillight), have the peace officer sign the 
          ticket, and then return that ticket with $25 to the court. 

          A local parking enforcement officer, when issuing a parking 
          citation, may cite a vehicle for an equipment violation on that 
          same citation.  A local parking enforcement officer may also 
          cite a vehicle for a registration or license plate violation 
          with or without a parking citation.  If a local parking 
          enforcement officer issues a fix-it ticket, then existing law 
          provides that the fix-it ticket penalty after correction is only 
          $10.  

           This bill  increases the cost of a fix-it ticket issued by a 
          parking enforcement officer to $25, making it equivalent to a 
          fix-it ticket issued by a peace officer.
          
          COMMENTS:

           1.Purpose  .  The author notes that a correction penalty for 
            equipment, vehicle registration, and license plate violations 
            issued by a parking enforcement officer is currently $10 and 




          AB 2366 (ENG)                                          Page 2

                                                                       


            has not increased in over 18 years.  An average parking 
            citation in this state costs the issuing agency about $25 to 
            process, which includes staffing, equipment costs, and 
            printing.  When a parking enforcement officer issues a 
            correctable violation and then the vehicle owner corrects it, 
            the issuing agency does not cover its expenses.  This creates 
            a disincentive for local parking authorities to enforce 
            equipment, registration, and license plate violations.  The 
            proponents assert that increasing the penalty will provide the 
            incentive to actively enforce these violations.
           
          2.Revenues from fix-it tickets  .  Existing fix-it ticket law that 
            sets the penalty for a corrected violation issued by a peace 
            officer at $25 directs $15 of that revenue to the state's 
            court construction fund, $3.30 to the county's general fund, 
            $3.30 to the general fund of the local government in whose 
            jurisdiction an officer issued the citation, and $3.40 to the 
            State of California's penalty fund.   If a local parking 
            enforcement officer issues the fix-it ticket, the resulting 
            $10 penalty goes half to the local jurisdiction and half to 
            the State of California.  This bill would not change that 
            split.

           3.Opposition  .  The California Association of Highway Patrolman 
            opposes the bill because escalating penalties and fees 
            associated with traffic and other citations are negatively 
            impacting Californians' ability to afford life's necessities.
          
          Assembly Votes:
               Floor:    56 - 20 
               Appr: 12 - 0
               Trans:    12 - 0

          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday,                                             June 20, 
          2012)

               SUPPORT:  California Public Parking Association (sponsor)
                         Los Angeles County Professional Peace Officers 
                    Association (sponsor)
                         Association for Los Angeles Deputy Sheriffs
                         League of California Cities
                         Riverside Sheriffs' Association

               OPPOSED:  California Association of Highway Patrolman





          AB 2366 (ENG)                                          Page 3