Bill Text: CA AB77 | 2009-2010 | Regular Session | Introduced

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Bill Title: Vehicles: notice of delinquent parking violation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB77 Detail]

Download: California-2009-AB77-Introduced.html

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BILL NUMBER: AB 77	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        DECEMBER 18, 2008

   An act to amend Section 40206.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 77, as introduced, Jeffries. Vehicles: notice of delinquent
parking violation.
   Existing law requires a parking processing agency to cancel the
notice of parking violation, upon written request of a person, if the
description of the vehicle on the notice of parking violation does
not substantially match the corresponding information on the
registration card for the vehicle and if the processing agency is
satisfied that the vehicle has not been incorrectly described due to
the intentional switching of license plates. A violation of the
Vehicle Code is a crime.
   This bill would instead require the processing agency to verify
that all notices of delinquent parking violations substantially match
the corresponding information on the registration of the vehicle and
to cancel the parking violation if the information is not a match.
It would also delete the requirement that a person provide a written
request for cancellation of the parking violation to the parking
processing agency.
   To the extent that certain local agencies perform the processing
agency function and to the extent that certain processing agencies
are run by private entities, this bill would impose a state-mandated
local program by increasing duties on local agencies and by creating
a new crime.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40206.5 of the Vehicle Code is amended to read:

   40206.5.  (a) Within 15 days of a request, by mail or in person,
the processing agency shall mail or otherwise provide to any person
who has received a notice of delinquent parking violation, or his or
her agent, a photostatic copy of the original notice of parking
violation or an electronically produced facsimile of the original
notice of parking violation. The issuing agency may charge a fee
sufficient to recover the actual cost of providing the copy, not to
exceed two dollars ($2). Until the issuing agency complies with a
request for a copy of the original notice of parking violation, the
processing agency may not proceed pursuant to subdivision (i) of
Section 22651, Section 22651.7, or Section 40220.
   (b)  The   processing agency shall verify that every
notice of delinquent parking violation that is processed by the
agency   substantially matches the corresponding information
on the registration of the vehicle. If the description of the
vehicle on the notice of parking violation does not substantially
match the corresponding information on the registration card for that
vehicle and the processing agency is satisfied that the vehicle has
not been incorrectly described due to the intentional switching of
license plates, the processing agency shall  , on written
request of the person  cancel the notice of parking
violation without the necessity of an appearance  or written
request  by  that   the  person 
to whom the vehicle is registered  .
   (c) For purposes of this section, a copy of the notice of parking
violation may be a photostatic copy or an electronically produced
facsimile.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.