BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1388|
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                                    CONSENT


          Bill No:  SB 1388
          Author:   DeSaulnier (D), et al.
          Amended:  4/10/12
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM  :  8-0, 03/27/12
          AYES:  DeSaulnier, Gaines, Harman, Kehoe, Pavley, Rubio, 
            Simitian, Wyland
          NO VOTE RECORDED:  Lowenthal


           SUBJECT  :    Inoperable parking meters and payment centers

           SOURCE  :     AAA Northern California, Nevada and Utah
                      Automobile Club of Southern California 


           DIGEST  :    This bill establishes a general rule that a 
          vehicle owner may park without penalty in any parking space 
          for up to the posted time limit if the parking meter or 
          parking payment center is inoperable, but allows a city or 
          county to adopt a different rule if it provides adequate 
          notice of the rule at parking locations, parking meters, or 
          parking payment centers.

           ANALYSIS  :    Under current law, a city or county may 
          establish parking meter zones, within which the city or 
          county may charge for on-street parking.  Current state law 
          does not specify whether or not a city or county may cite a 
          vehicle owner for parking at a broken meter.  
           
           This bill:
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          1.Allows a vehicle to park, for up to the posted time 
            limit, in any parking space that is subject to an 
            inoperable parking meter or inoperable parking payment 
            center.
          2.Allows cities and counties, by ordinance or resolution, 
            to prohibit or restrict the parking of vehicles at in 
            inoperable parking meter or inoperable parking payment 
            centers.  Provides no local ordinance or resolution 
            becomes effective until signs or markings giving adequate 
            notice of the restriction or prohibition on parking have 
            been placed at parking locations, parking meters, or 
            parking payment centers.

          3.Defines the terms "inoperable parking meter" and 
            "inoperable parking payment center."
           
          Comments
           
          In response to this bill, the League of California Cities 
          surveyed its members on their current practices.  Though 
          the response was small, the league's policy committee 
          members indicated that the following results were fairly 
          representative:

                 Many small cities do not have parking meters at 
               all. 
                 In cities that do have meters, some ticket for 
               parking at a broken meter, and some do not.  
                 Among cities that ticket at a broken meter, most 
               will dismiss the ticket unless there is some kind of 
               pattern that indicates mischief.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  4/10/12)

          AAA Northern California, Nevada and Utah (co-source) 
          Automobile Club of Southern California (co-source) 

           ARGUMENTS IN SUPPORT  :    According to the author, current 
          state law does not say what a motorist should do when he or 
          she encounters a broken parking meter.  Rules change from 







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          city to city, and cities do not always post their rules.  
          In some cases, motorists who assume that they may park 
          without penalty receive tickets.  Motorists would benefit 
          from a uniform rule and, at a minimum, need clarity on what 
          they should do when the meter they have parked at is 
          broken.  

          JJA:nl  4/10/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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