BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1388|
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UNFINISHED BUSINESS
Bill No: SB 1388
Author: DeSaulnier (D), et al.
Amended: 6/13/12
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM : 8-0, 03/27/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Pavley, Rubio,
Simitian, Wyland
NO VOTE RECORDED: Lowenthal
SENATE FLOOR : 36-0, 4/12/12 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Cannella,
Correa, De Le�n, DeSaulnier, Dutton, Emmerson, Fuller,
Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La
Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Calderon, Corbett, Evans, Runner
ASSEMBLY FLOOR : 79-0, 6/18/12 (Consent) - See last page
for vote
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
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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.
Assembly Amendments authorize local authorities to accept
parking meter payment by mobile devices, allow local
authorities to fix variable parking rates, by ordinance,
and add co-authors.
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:
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.Authorizes, but does not require, local authorities to
accept parking meter payment by mobile devices.
4.Allows local authorities to fix variable parking rates,
by ordinance.
5.Defines the terms "inoperable parking meter" and
"inoperable parking payment center."
Comments
In response to this bill, the League of California Cities
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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 6/15/12)
AAA Northern California, Nevada and Utah (co-source)
Automobile Club of Southern California (co-source)
Consumers for Auto Reliability
National Federation of Independent Business
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
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.
ASSEMBLY FLOOR : 79-0, 6/18/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
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Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Pan
JJA:nl 6/19/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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