BILL ANALYSIS �
SB 1388
Page 1
Date of Hearing: June 11, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1388 (DeSaulnier) - As Amended: May 31, 2012
SENATE VOTE : 36-0
SUBJECT : Parking meters
SUMMARY : Generally authorizes vehicles to park without penalty
for up to the posted time limit at inoperable parking meters or
inoperable parking payment centers, as defined, but authorizes a
local authority, by ordinance, to prohibit or restrict such
parking so long as signs or markings giving adequate notice of
the rule are in place. Also authorizes, but does not require,
local authorities to accept parking meter payment by mobile
devices and repeals the requirement that local authorities must
fix the rate of parking fees by ordinance.
EXISTING LAW:
1)Allows local authorities to establish parking meter zones and
to fix the parking fee for such zones but only by ordinance.
2)Does not specify whether or not a local authority may cite a
vehicle owner for parking at a non-functioning meter or
payment center.
FISCAL EFFECT : Unknown
COMMENTS : Current state law does not specify what a motorist
should do when he or she encounters a broken parking meter.
Rules change from 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.
The author asserts that motorists would benefit from a uniform
rule regarding inoperable parking meters or payment centers.
Writing in support of this bill, the Auto Clubs of California
maintain that the bill is a "simple issue of fairness and
notice." They also point out that, if a local authority does
not want to make parking available when a meter is broken, the
SB 1388
Page 2
bill allows it to do so as long as it provides reasonable notice
to motorists.
Suggested amendment : The bill repeals the requirement that
local authorities must fix the rate of parking fees by
ordinance. The intent of this amendment to existing law is to
resolve ambiguity about whether a city has the authority to set
variable parking rates, for example, that differ depending on
vehicle occupancy or time of day. Rather than repeal the
requirement that a local authority must adopt parking rates by
ordinance, the bill should be amended as follows instead to
explicitly allow those rates to be variable, based on criteria
defined by the local authority by ordinance:
On page 2, line 4, after "zones" add "or fix the rate of fees
for such zones except by ordinance. The rate of fees may be
variable, based upon criteria identified by the local authority
in the ordinance."
REGISTERED SUPPORT / OPPOSITION :
Support
Automobile Club of Northern California, Nevada and Utah
(co-sponsor)
Automobile Club of Southern California (co-sponsor)
Consumers for Auto Reliability and Safety
National Federal of Independent Business
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093