Bill Text: CA AB1104 | 2009-2010 | Regular Session | Amended
Bill Title: Transportation: bond-funded projects: letter of no
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-24 - In committee: Hearing postponed by committee. [AB1104 Detail]
Download: California-2009-AB1104-Amended.html
BILL NUMBER: AB 1104 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2010
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Monning
FEBRUARY 27, 2009
An act to amend Section 40215 of the Vehicle Code,
relating to vehicles. An act to amend Section 8879.501
of the Government Code, relating to transportation, declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1104, as amended, Monning. Vehicles: parking
violations. Transportation: bond-funded projects:
letter of no prejudice.
(1) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, authorizes the issuance
of $19.925 billion of general obligation bonds for various
transportation purposes. Existing law designates the state agency
responsible for programming bond funds under the act as the
administrative agency for those purposes. Existing law authorizes a
regional or local agency that is a lead agency for a project for
which bond funding has been programmed, approved, or otherwise
targeted to be available, as specified, to apply to an administrative
agency for a letter of no prejudice that would make the regional or
local agency eligible for reimbursement from bond funds for
expenditures of funds for the project or project component, as
specified. Existing law excepts specified projects regarding grade
separation and railroad crossing safety improvements from the
authorization to apply for a letter of no prejudice.
This bill would permit a regional or local agency to apply for a
letter of no prejudice for specified projects regarding grade
separation and railroad crossing safety improvements, which are
currently prohibited from making that application, as described
above.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Existing law allows a person to request a review of a notice of
parking violation by the issuing agency if the request is made within
21 calendar days from the issuance of the notice or 14 calendar days
from the mailing of the notice of delinquent parking violation.
Existing law also requires a processing agency, within 15 days of
a request, to mail or otherwise provide a copy or facsimile of the
original parking violation notice to the person who has received the
parking violation notice.
This bill, for purposes of counting the number of days a person
has to request an initial review of the notice of parking violation,
would exclude the period of time between the day a processing agency
receives a request for a copy of the original parking violation
notice and the day the processing agency complies with the request.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.501 of the
Government Code is amended to read:
8879.501. (a) A regional or local agency that is a lead applicant
agency for a project that may be funded pursuant to Chapter 12.49
(commencing with Section 8879.20) , other than a project
that may be funded pursuant to paragraph (1) of subdivision (j) of
Section 8879.23, may apply to the administrative agency for
a letter of no prejudice for the project or a component of the
project.The project. The administrative
agency may approve the letter of no prejudice for one or more
projects or project components that the administrative agency has
programmed or otherwise approved for funding. The letter of no
prejudice shall reference the project or component thereof and the
amount of bond funding that is programmed or otherwise approved for
that project or project component or, in the case of a project or
project component eligible for funding under subdivision (g) of
Section 8879.23, the letter may reference the amount of bond funding
targeted to be received by the regional or local agency pursuant to
subdivision (f) of Section 8879.72. The administrative agency may
approve a letter of no prejudice regardless of whether bond funding
has been previously appropriated for purposes of the project or
project component.
(b) Expenditures for the costs, up to the amount set forth in the
letter of no prejudice, of a project or project component for which a
letter of no prejudice has been issued shall be eligible for
reimbursement from the applicable bond proceeds fund or account if
all of the following apply:
(1) The project or project component for which the letter of no
prejudice was requested has commenced and the regional or local
expenditures have been incurred.
(2) The expenditures made by the regional or local agency are
eligible for reimbursement in accordance with state and federal laws
and procedures, and are permitted expenditures under the applicable
provisions of Chapter 12.49 (commencing with Section 8879.20). If
expenditures made are determined to be ineligible, then the state has
no obligation to reimburse for those expenditures.
(3) The regional or local agency complies with all legal
requirements for the project, including the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(4) The expenditures were incurred after the project or project
component was programmed or otherwise approved for funding by the
administrative agency.
(5) There is in the applicable bond proceeds fund or account under
Chapter 12.49 (commencing with Section 8879.20) an appropriated
amount sufficient to make the reimbursement payment. Nothing in this
section requires any bond proceeds fund or account to be funded at
any particular time or in any particular amount.
(c) The administrative agency and the regional or local agency may
enter into an agreement or agreements governing reimbursement as
described in this section.
(d) The administrative agency, in consultation with regional and
local agencies, may develop guidelines to implement this section.
(e) Nothing in this section modifies any requirement under Chapter
12.49 (commencing with Section 8879.23).
(f) For purposes of this section, "letter of no prejudice" means
an agreement between a regional or local agency and the
administrative agency that makes eligible for future reimbursement
from bond proceeds the expenditure of funds under the control of the
regional or local agency, subject to availability of bond funds, as
provided in this section. The timing and final amount of
reimbursement is dependent on the terms of the agreement and the
availability of bond funds. The final amount of reimbursement may be
less than the amount stated in the letter of no prejudice.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order for regional and local agencies to begin essential
projects that are ready for implementation without unnecessary delays
related to the availability of bond funds, it is necessary that this
bill go into immediate effect.
SECTION. 1. Section 40215 of the Vehicle Code
is amended to read:
40215. (a) For a period of 21 calendar days from the issuance of
a notice of parking violation or 14 calendar days from the mailing of
a notice of delinquent parking violation, excluding the period of
time between the day a processing agency receives a request for a
copy or facsimile of the original notice of parking violation
pursuant to Section 40206.5 and the day the processing agency
complies with the request, a person may request an initial review of
the notice by the issuing agency. The request may be made by
telephone, in writing, or in person. There shall be no charge for
this review. If, following the initial review, the issuing agency is
satisfied that the violation did not occur, that the registered owner
was not responsible for the violation, or that extenuating
circumstances make dismissal of the citation appropriate in the
interest of justice, the issuing agency shall cancel the notice of
parking violation or notice of delinquent parking violation. The
issuing agency shall advise the processing agency, if any, of the
cancellation. The issuing agency or the processing agency shall mail
the results of the initial review to the person contesting the
notice, and, if following that review, cancellation of the notice
does not occur, include a reason for that denial.
(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting an
administrative hearing shall deposit the amount of the parking
penalty with the processing agency. The issuing agency shall provide
a written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. Notice of this procedure
shall be provided to all persons requesting an administrative
hearing. After January 1, 1996, an administrative hearing shall be
held within 90 calendar days following the receipt of a request for
an administrative hearing, excluding time tolled pursuant to this
article. The person requesting the hearing may request one
continuance, not to exceed 21 calendar days.
(c) The administrative hearing process shall include the
following:
(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the issuing agency. If an issuing agency
contracts with an administrative provider, hearings shall be held
within the jurisdiction of the issuing agency or within the county of
the issuing agency.
(2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the parking violation without the necessity of the appointment of a
guardian. The processing agency may proceed against the minor in the
same manner as against an adult.
(3) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested parking violations.
(4) (A) The issuing agency's governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners to
conduct the administrative hearings. Examiners shall demonstrate
those qualifications, training, and objectivity necessary to conduct
a fair and impartial review. An examiner shall not be employed,
managed, or controlled by a person whose primary duties are parking
enforcement or parking citation, processing, collection, or issuance.
The examiner shall be separate and independent from the citation
collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines
collected by the examiner.
(B) Examiners shall have a minimum of 20 hours of training. The
examiner is responsible for the costs of the training. The issuing
agency may reimburse the examiner for those costs. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. Training programs may include
topics relevant to the administrative hearing, including, but not
limited to, applicable laws and regulations, parking enforcement
procedures, due process, evaluation of evidence, hearing procedures,
and effective oral and written communication. Upon the approval of
the governing board of the issuing agency, up to 12 hours of relevant
experience may be substituted for up to 12 hours of training. In
addition, up to eight hours of the training requirements described in
this subparagraph may be credited to an individual, at the
discretion of the governing board of the issuing agency, based upon
training programs or courses described in (i) to (iv), inclusive,
that the individual attended within the last five years.
(5) The officer or person who issues a notice of parking violation
shall not be required to participate in an administrative hearing.
The issuing agency shall not be required to produce any evidence
other than the notice of parking violation or copy thereof and
information received from the Department of Motor Vehicles
identifying the registered owner of the vehicle. The documentation in
proper form shall be prima facie evidence of the violation.
(6) The examiner's decision following the administrative hearing
may be personally delivered to the person by the examiner or sent by
first-class mail, and, if the notice is not canceled, include a
written reason for that denial.
(7) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, allow payment
of the parking penalty in installments, or an issuing agency may
allow for deferred payment or allow for payments in installments, if
the person provides evidence satisfactory to the examiner or the
issuing agency, as the case may be, of an inability to pay the
parking penalty in full. If authorized by the governing board of the
issuing agency, the examiner may permit the performance of community
service in lieu of payment of a parking penalty.
(d) The provisions of this section relating to the administrative
appeal process do not apply to an issuing agency that is a law
enforcement agency if the issuing agency does not also act as the
processing agency.
