SB 565 — Transportation.

Summary

(1) Existing law prescribes certain standards for a transit bus operated by a motor carrier, whether the motor carrier is a private company or a public agency, that provides public transportation services. A violation of these provisions is a crime. This bill would additionally require that the transit bus be equipped with a speedometer that is maintained in good working order. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law authorizes a local authority, by ordinance or resolution, to prohibit the parking or standing of a vehicle displaying a distinguishing placard or special license plate in a disabled person's parking stall or space on streets or highways or in a disabled person's parking stall or space in a privately or publicly owned or operated offstreet parking facility under specified conditions. This bill would instead authorize a local authority, by ordinance or resolution, to prohibit the parking or standing of those vehicles on streets or highways or in any parking stall or space in a privately or publicly owned or operated offstreet parking facility under those conditions. (3) Existing law authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an offstreet parking facility under specified conditions. Existing law requires the release of those removed vehicles to the owner or person in control of the vehicle only after the owner or person in control provides the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle. This bill would additionally require the release of the vehicle to the legal owner or the legal owner's agent, without the payment of fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle is being repossessed and transported to a storage facility of a repossessor, and from that facility to the legal owner or a licensed motor vehicle auction. The bill in this case would require the legal owner of the vehicle to do certain things before the vehicle would be released to him or her, including completing an affidavit that states that the vehicle was not in possession of the legal owner at the time of the occurrence of an offense relating to standing or parking. The bill would provide that the impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of any parking penalties, and a deficiency claim against the registered owner for the full amount of any parking penalties. Because a failure to release the vehicle as provided is a crime, this bill would impose a state-mandated local program. (4) Existing law requires the clerk of the court to collect a fee from a person ordered or permitted by the court to attend a traffic violator school and authorizes the clerk to accept a payment of at least 10% of a specified amount upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. This bill would recast the above provision and repeal a similar provision in the Vehicle Code that would have become operative on July 1, 2011. (5) Existing law authorizes a peace officer to remove and seize a vehicle under specified circumstances if the peace officer determines that the person operating the vehicle has been convicted of driving under the influence in the preceding 10 years. Existing law authorizes the impounding agency to release the vehicle seized to the legal owner of the vehicle or the legal owner's agent before the end of the impoundment period under specified conditions. Existing law prohibits the legal owner or the legal owner's agent from releasing or relinquishing the vehicle to the registered owner or the registered owner's agent unless specified conditions are met. A violation of this prohibition is an infraction. This bill would, instead, provide that a legal owner who knowingly violates the above prohibition is guilty of a misdemeanor and subject to a fine of $2,000. By making the violation a misdemeanor this bill would impose a state-mandated local program. (6) Existing law creates the State Transit Assistance Program. Under that program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. Existing law suspends those restrictions with respect to allocations for operating purposes made to those transit operators after January 1, 2010, through the 2011–12 fiscal year. This bill would extend the suspension of those restrictions through the 2014–15 fiscal year. (7) This bill would incorporate additional changes in Section 22651 of the Vehicle Code proposed by AB 1298, to be operative only if AB 1298 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (8) 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 no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/26/11 - Chaptered Current pdf September 26, 2011
• Enrolled 09/01/11 - Enrolled pdf September 01, 2011
• Amended 08/22/11 - Amended Assembly pdf August 22, 2011
• Amended 07/07/11 - Amended Assembly pdf July 07, 2011
• Amended 06/13/11 - Amended Assembly pdf June 13, 2011
• Amended 05/23/11 - Amended Assembly pdf May 23, 2011
• Introduced 02/17/11 - Introduced pdf February 17, 2011
• SB565 View text html

Action History

1. September 26, 2011

   Chaptered by Secretary of State. Chapter 341, Statutes of 2011.

2. September 26, 2011

   Approved by the Governor.

3. September 07, 2011

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 30, 2011

   Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2150.) Ordered to engrossing and enrolling.

5. August 25, 2011

   In Senate. Concurrence in Assembly amendments pending.

6. August 25, 2011

   Read third time. Passed. (Ayes 55. Noes 23. Page 2577.) Ordered to the Senate.

7. August 22, 2011

   Ordered to third reading.

8. August 22, 2011

   Read third time and amended. (Ayes 51. Noes 23. Page 2512.)

9. July 11, 2011

   Ordered to third reading.

10. July 11, 2011

    From consent calendar.

11. July 11, 2011

    Read second time. Ordered to consent calendar.

12. July 07, 2011

    Read second time and amended. Ordered to second reading.

13. July 06, 2011

    From committee: Do pass as amended. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 6).

14. June 28, 2011

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 27). Re-referred to Com. on APPR.

15. June 20, 2011

    Set, first hearing. Hearing canceled at the request of author.

16. June 13, 2011

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

17. May 23, 2011

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

18. April 28, 2011

    Referred to Com. on TRANS.

19. April 07, 2011

    In Assembly. Read first time. Held at Desk.

20. April 07, 2011

    Read third time. Passed. (Ayes 36. Noes 0. Page 568.) Ordered to the Assembly.

21. March 31, 2011

    Read second time. Ordered to consent calendar.

22. March 30, 2011

    From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0. Page 496.) (March 29).

23. March 09, 2011

    Set for hearing March 29.

24. March 03, 2011

    Referred to Com. on T. & H.

25. February 18, 2011

    From printer. May be acted upon on or after March 20.

26. February 17, 2011

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• DeSaulnier · Primary

Votes

Subjects