Bill Text: CA SB1487 | 2023-2024 | Regular Session | Amended
Bill Title: Vehicles: parking violations.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1487 Detail]
Download: California-2023-SB1487-Amended.html
|
Amended
IN
Assembly
July 03, 2024 |
|
Amended
IN
Senate
April 02, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1487
| Introduced by Senator Glazer (Coauthors: Senators Umberg and Wahab) (Coauthors: Assembly Members Grayson and Kalra) |
February 16, 2024 |
An act to amend Sections 40203.5, 40207, and 40215 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1487, as amended, Glazer.
Vehicles: parking violations.
Existing law requires the schedule of parking penalties for parking violations and late payment penalties to be established by the governing body of the jurisdiction where the notice of violation is issued, as specified.
This bill would specify that, when paid by mail, payment of a parking penalty or late payment penalty is deemed received on the date payment is postmarked. This bill would, notwithstanding any other law, prohibit a late payment penalty for a parking violation from exceeding 30% of the established parking penalty.
Existing law establishes a process by which a person who has received a notice of a parking violation or a notice of a delinquent parking violation may contest the notice. Existing law requires the notice
of delinquent parking violation to include information that renewal of the vehicle registration is contingent upon the registered owner paying the parking penalty or contesting the citation within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, or filing a specified affidavit. Existing law prohibits the addition of additional fees, assessments, and charges if the owner complies with the above-described deadlines and requirements. Existing law authorizes a person to request an initial review of the notice by the issuing agency for a period of 21 calendar days from the issuance of the notice of the parking violation or 14 calendar days from the mailing of a notice of delinquent parking notification, exclusive of the days the processing agency receives a specified request and the day the processing agency complies with the request.
This
bill would extend the time for the registered owner to pay the penalty or contest the citation to 30 calendar days, and extend the time to pay following issuance of the notice of delinquent parking violation to 21 calendar days. The bill would prohibit the imposition of additional fees until after the expiration of 30 days from the date of issuance of the parking violation. The bill would prohibit governing bodies from sending citations to the Department of Motor Vehicles for registration renewal hold until after 30 days from the date of issuance of the parking citation.
This bill would extend the time for the person to request an initial review to 30 calendar days from the issuance of the notice of the parking violation or 21 days from the mailing of a notice of delinquent parking notification, exclusive of the days the processing agency receives a specified request and the day the processing agency complies with the request.
This bill would require its provisions to be implemented in a local jurisdiction on the first day of the local jurisdiction’s first fiscal year following January 1, 2025.
By creating new duties for local entities, the 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 40203.5 of the Vehicle Code is amended to read:40203.5.
(a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties.(b) Parking penalties under this article shall be collected as civil penalties.
(c) (1) Notwithstanding subdivision (a) the penalty for a violation of Section 22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000).
(2) The issuing agency may suspend the imposition of the penalty in paragraph (1), if the violator, at the time of the offense, possesses but failed to display a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.
(3) A penalty imposed pursuant to this subdivision may be paid in installments if the issuing agency determines that the violator is unable to pay the entire amount in one payment.
(d) Payment by mail of a parking penalty for a parking violation or late payment penalty is deemed received on the date postmarked.
(e) Notwithstanding
any other law, a late payment penalty for a parking violation shall not exceed 30 percent of the established parking penalty.
(f) The changes made to this section by the act that added this subdivision shall be implemented in a local jurisdiction on the first day of the local jurisdiction’s first fiscal year following January 1, 2025.
SEC. 2.
Section 40207 of the Vehicle Code is amended to read:40207.
(a) The notice of delinquent parking violation shall contain the information specified in subdivision (a) of Section 40202 or subdivision (a) of Section 40248, as applicable, and Section 40203, and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within 30 calendar days from the date of issuance of the citation or 21 calendar days after the mailing of the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with Section 40208 or 40209, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent parking violation. A notice of delinquent parking violation shall not be sent to the Department of Motor Vehicles for registration hold until after 30 calendar days from the date of issuance of the citation.(b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 30 calendar days from the date of issuance of the citation or 21 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. Additional fees, assessments, or other charges shall not be added until after 30 days from the date of issuance of the citation.
(c) The changes made to this section by the act that added this subdivision shall be implemented in a local jurisdiction on the first day of
the local jurisdiction’s first fiscal year following January 1, 2025.
SEC. 3.
Section 40215 of the Vehicle Code is amended to read:40215.
(a) For a period of 30 calendar days from the issuance of a notice of parking violation or 21 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the 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 not be a 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, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay.(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 adopt a written procedure to allow a person who is indigent, as defined in Section 40220, to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. 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 all of 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) (i) 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.
(ii) Training may be provided through any of the following:
(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.
(IV) Through a program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the issuing agency.
(iii) 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.
(iv) 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 clause (i) 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
clause (ii) 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 of the notice 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 cancelled,
canceled, include a written reason for that denial.
(7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, 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.
(e) The changes made to this section by the act that added this subdivision shall be implemented in a local jurisdiction on the first day of the local jurisdiction’s first fiscal year following January 1, 2025.
