Bill Text: CA AB1685 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: parking violations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB1685 Detail]
Download: California-2021-AB1685-Amended.html
Bill Title: Vehicles: parking violations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB1685 Detail]
Download: California-2021-AB1685-Amended.html
|
Amended
IN
Assembly
March 09, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1685
| Introduced by Assembly Member Bryan |
January 24, 2022 |
An act to amend Section 40220 of, and to add Section 40220.2 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1685, as amended, Bryan.
Vehicles: parking violations.
Existing law authorizes a parking citation processing agency, as defined, to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle to which the citations have been issued, or by obtaining a civil judgment against the registered owner of the vehicle, as specified.
Existing law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons.
This bill would require a processing agency to forgive up to at least $1,500 in parking fines and fees
annually for a qualified homeless person, as specified. The bill would also require a processing agency to provide specified certain information regarding the parking citation forgiveness program program, as specified, including on its internet website. The bill would also require each processing agency that receives an application for the citation forgiveness program to annually report specified information to the Homeless Coordinating and Financing Council,
California Interagency Council on Homelessness and would require the council to compile this data and submit an annual report to the Legislature.
By requiring local agencies to create a parking citation forgiveness program and to waive parking fines and fees, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 40220 of the Vehicle Code is amended to read:40220.
(a) Except as otherwise provided in Sections 40220.2, 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:(1) (A) File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i) The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I) Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are five hundred dollars ($500) or less. The amount of late fees and penalty assessments waived pursuant to subclause (II) shall not be counted in calculating that total amount of five hundred dollars ($500) or less. Unpaid parking penalties and fees shall be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II) Waives all late fees and penalty assessments, exclusive of any state surcharges described in
Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III) Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV) Allows a person a period of 120 calendar days from the issuance of a notice of parking violation or 10 days after the administrative
hearing determination, whichever is later, to file a request to participate in a payment plan.
(ii) The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public internet website, a web page link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet web page is readily accessible in a prominent location on the parking citation payment section of the agency’s internet website and includes all of the following information:
(I) The availability of an installment payment plan and the timeframe in which to apply.
(II) The
person’s right to request an indigency determination and the timeframe in which the person must apply.
(III) Clear language about how the person can request an indigency determination and what that determination will entail.
(IV) Documents needed by the processing agency to make an indigency determination.
(iii) The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent.
(B) The processing agency shall allow a person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to
resume payments before the processing agency files an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C) The processing agency shall rescind the filing of an
itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D) (i) Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I) Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II) Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III) Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students’ awareness and access.
(ii) A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2)
(A) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment
debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B) Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees
with the court with the same effect as a civil judgment as provided in paragraph (2).
(b) This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c) (1) For purposes of paragraph (1) of subdivision (a), a person is “indigent” if any of the following conditions is met:
(A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B) The person receives public benefits from a program listed in subdivision (a) of Section
68632 of the Government Code.
(2) The person may demonstrate that the person is indigent by providing either of the following information, as applicable:
(A) Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B) Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review
and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3) If a defendant’s indigent status is found to have been willfully fraudulent, the defendant’s penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 2.
Section 40220.2 is added to the Vehicle Code, to read:40220.2.
(a) Each processing agency shall provide a parking citation forgiveness program for persons who are homeless.(b) A verified homeless An applicant who is verified to be homeless shall have up to one thousand five hundred dollars ($1,500) in
any outstanding parking fines and fees, including any service fees or late fees, forgiven no later than 30 days after application with their application is received by the processing agency for any vehicle for which they are the registered owner.
(c) A processing agency may limit the total amount of fines and fees forgiven, or the number of applications allowed, as follows:
(1) Any limitation on the amount of fines and fees forgiven shall be
no less than one thousand five hundred dollars ($1,500) per applicant, per calendar year.
(2) Any limitation on the number of applications shall be no fewer than four applications per applicant, per calendar year.
(c)
(d) A processing agency shall not establish or impose any additional qualifications for citation forgiveness under this program, including, without limitation, mandatory participation in any service or program.
program, or mandatory community service.
(d)
(e) A processing agency may verify an applicant’s status through a continuum of care or a homeless services provider that is contracting with a continuum of care.
provider, including, but not limited to, a health care provider, legal services provider, or other entity that serves people experiencing homelessness and makes referrals to other homeless services providers, that is connected to the coordinated entry system and is contracting with a continuum of care.
(f) In any area in which the availability of homeless services providers is sparse, as determined by the continuum of care, the California Interagency Council on Homelessness shall develop an alternative low-barrier process to determine an applicant’s status.
(e)
(g) Each processing agency shall include the following information in the same manner that it generally provides public information and instructions on the payment of parking citations, including, as applicable, at any in-person payment counter, on any telephone recording, and at a clear and easily accessible location on its internet website:
(1) The availability of a parking citation forgiveness program for persons who are homeless.
(2) Clear instructions on eligibility, program limitations, and application instructions. instructions on how to apply.
(f)
(h) (1) Each processing agency shall, by no later than March 1, 2024, and annually thereafter, report to the Homeless Coordinating and Financing Council California Interagency Council on Homelessness the number of applications received pursuant to this section, and the total number of citations and total amount of penalties and fines waived during the previous calendar year, in a form prescribed by the council.
(2) The Homeless Coordinating and Financing Council
California Interagency Council on Homelessness shall, by no later than June 1, 2024, and annually thereafter, submit a report to the Legislature compiling the information received from all processing agencies pursuant to paragraph (1) from the previous calendar year.
(3) The report described in paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(g)
(i) As used in this section, the following terms have the following meanings:
(1) “Continuum of care” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, designed to coordinate homelessness program participant intake, assessment, and provision of referrals.
(2)
(3) “Homeless” has
the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(3)
(4) “Homeless services provider” means a governmental or nonprofit agency receiving federal, state, or local funding to provide services to homeless persons or that is sanctioned to provide those services through a continuum of care.
