Existing law authorizes the legislative body of a city or county to pass ordinances not in conflict with state or federal law and the state or federal constitution.

This bill would prohibit the legislative body of a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties, or removing or impounding a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. The bill would also find and declare that the provisions of the bill address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties.

Existing law authorizes the legislative body of a city or county to pass ordinances not in conflict with state or federal law and the state or federal constitution.

This bill would prohibit the legislative body of a city, county, or city and county from prohibiting, prohibiting or otherwise subjecting to civil or criminal penalties, or removing or impounding a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. The bill would also find and declare that the provisions of the bill address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties.

Existing law authorizes a peace officer who determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving in violation of a drivers license restriction, or driving a vehicle without ever having been issued a drivers license, to cause the removal and seizure of the vehicle. Existing law requires a 30-day impoundment period for seized vehicles, subject to exceptions allowing earlier release.

This bill would make technical, nonsubstantive changes to these provisions.

 THIRD READING  

Bill No: AB 718

Author: Chu (D), et al.

Amended: 7/14/15 in Senate

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 4-1, 7/8/15

AYES: Hertzberg, Beall, Hernandez, Lara

NOES: Pavley

NO VOTE RECORDED: Nguyen, Moorlach

SENATE FLOOR: 18-14, 8/31/15 (FAIL)

AYES: Anderson, Beall, Block, Cannella, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Lara, Leno, Leyva, Liu, Mitchell, Stone, Wieckowski

NOES: Bates, Fuller, Gaines, Glazer, Huff, Jackson, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Runner, Vidak, Wolk

NO VOTE RECORDED: Allen, Berryhill, Galgiani, Mendoza, Monning, Pan, Pavley, Roth

ASSEMBLY FLOOR: 56-15, 6/1/15 - See last page for vote

SUBJECT: Local government: powers

SOURCE: Housing California

DIGEST: This bill prohibits local governments from penalizing, by impoundment or other method, the act of sleeping in a lawfully parked motor vehicle.

ANALYSIS:

Existing law:

1. Allows a city to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power of cities.”

2. Allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

This bill:

1. Prohibits any city, county, or city and county—including charter cities and counties—from prohibiting or otherwise penalizing the act of sleeping or resting in a lawfully parked vehicle.

2. Prohibits removing and impounding a vehicle for the same reason.

3. States that nothing in the bill shall be interpreted to:

1. Prohibit a law enforcement officer from arresting, citing, or otherwise penalizing an occupant of a motor vehicle for any criminal activity or violation of the vehicle code.

2. Exempt an occupant of a motor vehicle from any state and local laws, as specified.

3. Exempt a vehicle owner from compliance with a local ordinance that restricts the use of public streets for vehicle storage.

Background

According to the U.S. Department of Housing and Urban Development, California had 113,952 homeless people, or 20% of the nation’s overall homeless population, as of January 2014. Of California’s total homeless population, 27% were chronically homeless, 20% were in households with at least one parent and one child, 10% were veterans, and 10% were victims of domestic violence. California also had the largest number of homeless families, unaccompanied homeless youth, and homeless veterans. California has one of the nation’s highest rates of “poor renters,” or people that spend more than 50% of their income on rent. While most homeless people in the U.S. lived in emergency shelters or transitional housing in 2013, most homeless people in California were unsheltered. For example, in Los Angeles only 22% of homeless people had a bed in a shelter in 2013. As a result, many homeless people have no choice but to rest and sleep in public.

The California Constitution allows a city to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power of cities.” It is from this fundamental power that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public. One way local governments exercise their police power is by regulating certain aspects of the use of vehicles, where not in conflict with state laws. State law allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

Some localities have used their police power to prohibit or penalize sleeping in cars. The Policy Advocacy Clinic at the University of California, Berkeley Law School released a report in February 2015 titled “California’s New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State.” According to the report, California cities are substantially more restrictive than the national average in terms of passing ordinances that penalize sleeping, resting or lodging in legally parked vehicles. While only 33% of non-California cities studied restrict sleeping or lodging in vehicles, 74% of California cities do so. Such a restriction was struck down by the U.S Court of Appeals for the Ninth Circuit in June 2014. The ruling struck down a Los Angeles ordinance that prohibited people from using a vehicle parked or standing on any city street or parking lot as living quarters either overnight, day-by-day, or otherwise (Desertrain v. City of Los Angeles). The court found that the ordinance paved the way for law enforcement to target the homeless and was therefore unconstitutionally vague.

Some housing advocates want to restrict the ability of local governments to prohibit sleeping or resting in cars.

Comments

1. Purpose of the bill. Some local jurisdictions have enacted ordinances that essentially criminalize the act of being homeless, by penalizing individuals for activities that they have no choice but to perform. However, for many individuals experiencing homelessness, sleeping or living in a vehicle is often the only option for shelter in the absence of adequate shelter beds across the state. Citing these individuals because they sleep in their car can subject them to fines they may not be able to afford to pay. As a result, they run the risk of arrest or vehicle seizure, which worsens their situation and exacerbates mental health problems, ensuring that more people remain homeless longer. AB 718 protects some of California’s most vulnerable citizens by preventing local jurisdictions from enacting or enforcing these policies and sends a clear message that these types of policies must be prohibited.

2. Unreasonable restriction on police power. The police power is a fundamental power of local governments. Local ordinances arise and are adopted by communities to address specific issues affecting health, safety, and broader public welfare. At the same time, local governments are sensitive to the challenges that the homeless face and the measures that are needed to provide them with assistance. These issues are debated in the chambers of local governments across the state, and the policies that result reflect elected officials’ best judgments of how to balance the needs of all of their constituents. AB 718 will severely constrain local governments from making and enforcing laws that elected officials consider necessary to preserve the welfare of their citizens. Furthermore, this bill may make it harder for local agencies to enforce other laws that preserve public safety. For example, would this bill prevent a police officer from approaching a vehicle to investigate potential criminal activity? Finally, some people who are not homeless may take advantage of AB 718 to camp on public streets, with potential negative impacts on public safety, traffic, and local businesses.

3. Sure, but will it work? AB 718 does not prevent local governments from establishing local parking regulations to address the hours a vehicle can be parked on the street. For example, this bill does not prevent a city from prohibiting overnight parking unless a vehicle obtains a residential permit. As a result, municipalities that wish to regulate this behavior may simply find other ways to enact and enforce laws that have the effect of criminalizing actions associated with homelessness without running afoul of the provisions of AB 718. Furthermore, AB 718 does not address the underlying factors that drive homelessness in California, such as a lack of affordable housing, access to jobs, and mental health treatment.

Related/Prior Legislation

SB 608 (Liu, 2015) enacts the Right to Rest Act and contains many of the same provisions as AB 5. SB 608 also includes the right to occupy a motor vehicle or a recreational vehicle, provided the vehicle is legally parked on public property or parked on private property with the permission of the property owner. SB 608 is currently a two-year bill.

AB 5 (Ammiano, 2013) would have established a number of rights for homeless people. Among the numerous provisions in AB 5, the bill would have provided the right to occupy a motor vehicle or recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or Business Improvement District agents. AB 5 was held in the Assembly Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/14/15)

Housing California (source)

Abode Services

Affordable Homeless Housing Alternatives, Humboldt County

American Civil Liberties Union of California

Caduceus Justice

California Catholic Conference

California Labor Federation

Coalition of California Welfare Rights Organization

Corporation for Supportive Housing

County Welfare Directors Association of California

East Bay Community Law Center

Ella Baker Center for Human Rights

Homeless Lives Matter – Berkeley

Kings/Tulare Homeless Alliance

LA Human Right to Housing Collective

Law Foundation of Silicon Valley

Los Angeles Anti-Eviction Campaign

Los Angeles Community Action Network

National Association for the Education of Homeless Children and Youth

River City Food Bank

Sacramento Homeless Organizing Committee

Sacramento Regional Coalition to End Homelessness

San Diego Housing Federation

San Francisco Coalition on Homelessness

Share the Bulb

St. Anthony Foundation

St. Mary’s Center

Venice Community Housing Corporation

WellSpace Health

Western Center on Law and Poverty

Western Regional Advocacy Project

OPPOSITION: (Verified 7/14/15)

American Planning Association, California Chapter

California Association of Code Enforcement Officers

California Business Properties Association

California College and University Police Chiefs Association

California Law Enforcement Association of Records Supervisors

California Police Chiefs Association

Central City Association

City of Calimesa

City of Colton

City of Encinitas

City of Fortuna

City of Glendale

City of Hesperia

City of Highland

City of Los Angeles

City of Montclair

City of Ontario

City of Palm Desert

City of Palos Verdes Estates

City of Rocklin

International Council of Shopping Centers

League of California Cities

Los Angeles Area Chamber of Commerce

Marin County Council of Mayors and Council Members

Venice Stakeholders Association

ASSEMBLY FLOOR: 56-15, 6/1/15

AYES: Travis Allen, Bloom, Bonta, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Olsen, Quirk, Rendon, Rodriguez, Salas, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Atkins

NOES: Achadjian, Baker, Bonilla, Brough, Beth Gaines, Gatto, Grove, Harper, Irwin, Lackey, Levine, Obernolte, Patterson, Ridley-Thomas, Waldron

NO VOTE RECORDED: Alejo, Bigelow, Burke, Eduardo Garcia, Gipson, O’Donnell, Perea, Santiago, Wood

Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

8/31/15 18:59:59

**** END ****

 THIRD READING  

Bill No: AB 718

Author: Chu (D), et al.

Amended: 7/14/15 in Senate

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 4-1, 7/8/15

AYES: Hertzberg, Beall, Hernandez, Lara

NOES: Pavley

NO VOTE RECORDED: Nguyen, Moorlach

ASSEMBLY FLOOR: 56-15, 6/1/15 - See last page for vote

SUBJECT: Local government: powers

SOURCE: Housing California

DIGEST: This bill prohibits local governments from penalizing, by impoundment or other method, the act of sleeping in a lawfully parked motor vehicle.

ANALYSIS:

Existing law:

1. Allows a city to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power of cities.”

2. Allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

This bill:

1. Prohibits any city, county, or city and county—including charter cities and counties—from prohibiting or otherwise penalizing the act of sleeping or resting in a lawfully parked vehicle.

2. Prohibits removing and impounding a vehicle for the same reason.

3. States that nothing in the bill shall be interpreted to:

1. Prohibit a law enforcement officer from arresting, citing, or otherwise penalizing an occupant of a motor vehicle for any criminal activity or violation of the vehicle code.

2. Exempt an occupant of a motor vehicle from any state and local laws, as specified.

3. Exempt a vehicle owner from compliance with a local ordinance that restricts the use of public streets for vehicle storage.

Background

According to the U.S. Department of Housing and Urban Development, California had 113,952 homeless people, or 20% of the nation’s overall homeless population, as of January 2014. Of California’s total homeless population, 27% were chronically homeless, 20% were in households with at least one parent and one child, 10% were veterans, and 10% were victims of domestic violence. California also had the largest number of homeless families, unaccompanied homeless youth, and homeless veterans. California has one of the nation’s highest rates of “poor renters,” or people that spend more than 50% of their income on rent. While most homeless people in the U.S. lived in emergency shelters or transitional housing in 2013, most homeless people in California were unsheltered. For example, in Los Angeles only 22% of homeless people had a bed in a shelter in 2013. As a result, many homeless people have no choice but to rest and sleep in public.

The California Constitution allows a city to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power of cities.” It is from this fundamental power that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public. One way local governments exercise their police power is by regulating certain aspects of the use of vehicles, where not in conflict with state laws. State law allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

Some localities have used their police power to prohibit or penalize sleeping in cars. The Policy Advocacy Clinic at the University of California, Berkeley Law School released a report in February 2015 titled “California’s New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State.” According to the report, California cities are substantially more restrictive than the national average in terms of passing ordinances that penalize sleeping, resting or lodging in legally parked vehicles. While only 33% of non-California cities studied restrict sleeping or lodging in vehicles, 74% of California cities do so. Such a restriction was struck down by the U.S Court of Appeals for the Ninth Circuit in June 2014. The ruling struck down a Los Angeles ordinance that prohibited people from using a vehicle parked or standing on any city street or parking lot as living quarters either overnight, day-by-day, or otherwise (Desertrain v. City of Los Angeles). The court found that the ordinance paved the way for law enforcement to target the homeless and was therefore unconstitutionally vague.

Some housing advocates want to restrict the ability of local governments to prohibit sleeping or resting in cars.

Comments

1. Purpose of the bill. Some local jurisdictions have enacted ordinances that essentially criminalize the act of being homeless, by penalizing individuals for activities that they have no choice but to perform. However, for many individuals experiencing homelessness, sleeping or living in a vehicle is often the only option for shelter in the absence of adequate shelter beds across the state. Citing these individuals because they sleep in their car can subject them to fines they may not be able to afford to pay. As a result, they run the risk of arrest or vehicle seizure, which worsens their situation and exacerbates mental health problems, ensuring that more people remain homeless longer. AB 718 protects some of California’s most vulnerable citizens by preventing local jurisdictions from enacting or enforcing these policies and sends a clear message that these types of policies must be prohibited.

2. Unreasonable restriction on police power. The police power is a fundamental power of local governments. Local ordinances arise and are adopted by communities to address specific issues affecting health, safety, and broader public welfare. At the same time, local governments are sensitive to the challenges that the homeless face and the measures that are needed to provide them with assistance. These issues are debated in the chambers of local governments across the state, and the policies that result reflect elected officials’ best judgments of how to balance the needs of all of their constituents. AB 718 will severely constrain local governments from making and enforcing laws that elected officials consider necessary to preserve the welfare of their citizens. Furthermore, this bill may make it harder for local agencies to enforce other laws that preserve public safety. For example, would this bill prevent a police officer from approaching a vehicle to investigate potential criminal activity? Finally, some people who are not homeless may take advantage of AB 718 to camp on public streets, with potential negative impacts on public safety, traffic, and local businesses.

3. Sure, but will it work? AB 718 does not prevent local governments from establishing local parking regulations to address the hours a vehicle can be parked on the street. For example, this bill does not prevent a city from prohibiting overnight parking unless a vehicle obtains a residential permit. As a result, municipalities that wish to regulate this behavior may simply find other ways to enact and enforce laws that have the effect of criminalizing actions associated with homelessness without running afoul of the provisions of AB 718. Furthermore, AB 718 does not address the underlying factors that drive homelessness in California, such as a lack of affordable housing, access to jobs, and mental health treatment.

Related/Prior Legislation

SB 608 (Liu, 2015) enacts the Right to Rest Act and contains many of the same provisions as AB 5. SB 608 also includes the right to occupy a motor vehicle or a recreational vehicle, provided the vehicle is legally parked on public property or parked on private property with the permission of the property owner. SB 608 is currently a two-year bill.

AB 5 (Ammiano, 2013) would have established a number of rights for homeless people. Among the numerous provisions in AB 5, the bill would have provided the right to occupy a motor vehicle or recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or Business Improvement District agents. AB 5 was held in the Assembly Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/14/15)

Housing California (source)

Abode Services

Affordable Homeless Housing Alternatives, Humboldt County

American Civil Liberties Union of California

Caduceus Justice

California Catholic Conference

California Labor Federation

Coalition of California Welfare Rights Organization

Corporation for Supportive Housing

County Welfare Directors Association of California

East Bay Community Law Center

Ella Baker Center for Human Rights

Homeless Lives Matter – Berkeley

Kings/Tulare Homeless Alliance

LA Human Right to Housing Collective

Law Foundation of Silicon Valley

Los Angeles Anti-Eviction Campaign

Los Angeles Community Action Network

National Association for the Education of Homeless Children and Youth

River City Food Bank

Sacramento Homeless Organizing Committee

Sacramento Regional Coalition to End Homelessness

San Diego Housing Federation

San Francisco Coalition on Homelessness

Share the Bulb

St. Anthony Foundation

St. Mary’s Center

Venice Community Housing Corporation

WellSpace Health

Western Center on Law and Poverty

Western Regional Advocacy Project

OPPOSITION: (Verified 7/14/15)

American Planning Association, California Chapter

California Association of Code Enforcement Officers

California Business Properties Association

California College and University Police Chiefs Association

California Law Enforcement Association of Records Supervisors

California Police Chiefs Association

Central City Association

City of Calimesa

City of Colton

City of Encinitas

City of Fortuna

City of Glendale

City of Hesperia

City of Highland

City of Los Angeles

City of Montclair

City of Ontario

City of Palm Desert

City of Palos Verdes Estates

City of Rocklin

International Council of Shopping Centers

League of California Cities

Los Angeles Area Chamber of Commerce

Marin County Council of Mayors and Council Members

Venice Stakeholders Association

ASSEMBLY FLOOR: 56-15, 6/1/15

AYES: Travis Allen, Bloom, Bonta, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Olsen, Quirk, Rendon, Rodriguez, Salas, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Atkins

NOES: Achadjian, Baker, Bonilla, Brough, Beth Gaines, Gatto, Grove, Harper, Irwin, Lackey, Levine, Obernolte, Patterson, Ridley-Thomas, Waldron

NO VOTE RECORDED: Alejo, Bigelow, Burke, Eduardo Garcia, Gipson, O’Donnell, Perea, Santiago, Wood

Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

7/15/15 16:43:19

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

LOCAL GOVERNMENT: POWERS

Prohibits local governments from penalizing, by impoundment or other method, the act of sleeping in a lawfully parked motor vehicle.

Background and Existing Law

According to the U.S. Department of Housing and Urban Development, California had 113,952 homeless people, or 20% of the nation’s overall homeless population, as of January 2014. Of California’s total homeless population, 27% were chronically homeless, 20% were in households with at least one parent and one child, 10% were veterans, and 10% were victims of domestic violence. California also had the largest number of homeless families, unaccompanied homeless youth, and homeless veterans. California has one of the nation’s highest rates of “poor renters,” or people that spend more than 50% of their income on rent. While most homeless people in the U.S. lived in emergency shelters or transitional housing in 2013, most homeless people in California were unsheltered. For example, in Los Angeles only 22% of homeless people had a bed in a shelter in 2013. As a result, many homeless people have no choice but to rest and sleep in public.

The California Constitution allows a city to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power of cities." It is from this fundamental power that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public. One way local governments exercise their police power is by regulating certain aspects of the use of vehicles, where not in conflict with state laws. State law allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

Some localities have used their police power to prohibit or penalize sleeping in cars. The Policy Advocacy Clinic at the University of California, Berkeley Law School released a report in February 2015 titled "California's New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State." According to the report, California cities are substantially more restrictive than the national average in terms of passing ordinances that penalize sleeping, resting or lodging in legally parked vehicles. While only 33% of non-California cities studied restrict sleeping or lodging in vehicles, 74% of California cities do so. Such a restriction was struck down by the U.S Court of Appeals for the Ninth Circuit in June 2014. The ruling struck down a Los Angeles ordinance that prohibited people from using a vehicle parked or standing on any city street or parking lot as living quarters either overnight, day-by-day, or otherwise (Desertrain v. City of Los Angeles). The court found that the ordinance paved the way for law enforcement to target the homeless and was therefore unconstitutionally vague.

Some housing advocates want to restrict the ability of local governments to prohibit sleeping or resting in cars.

Proposed Law

Assembly Bill 718 prohibits any city, county, or city and county—including charter cities and counties—from prohibiting or otherwise penalizing the act of sleeping or resting in a lawfully parked vehicle. It would also prohibit removing and impounding a vehicle for the same reason.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Some local jurisdictions have enacted ordinances that essentially criminalize the act of being homeless, by penalizing individuals for activities that they have no choice but to perform. However, for many individuals experiencing homelessness, sleeping or living in a vehicle is often the only option for shelter in the absence of adequate shelter beds across the state. Citing these individuals because they sleep in their car can subject them to fines they may not be able to afford to pay. As a result, they run the risk of arrest or vehicle seizure, which worsens their situation and exacerbates mental health problems, ensuring that more people remain homeless longer. AB 718 protects some of California’s most vulnerable citizens by preventing local jurisdictions from enacting or enforcing these policies and sends a clear message that these types of policies must be prohibited.

2. Unreasonable restriction on police power. The police power is a fundamental power of local governments. Local ordinances arise and are adopted by communities to address specific issues affecting health, safety, and broader public welfare. At the same time, local governments are sensitive to the challenges that the homeless face and the measures that are needed to provide them with assistance. These issues are debated in the chambers of local governments across the state, and the policies that result reflect elected officials’ best judgments of how to balance the needs of all of their constituents. AB 718 would severely constrain local governments from making and enforcing laws that elected officials consider necessary to preserve the welfare of their citizens. Furthermore, this bill may make it harder for local agencies to enforce other laws that preserve public safety. For example, would this bill prevent a police officer from approaching a vehicle to investigate potential criminal activity? Finally, some people who are not homeless may take advantage of AB 718 to camp on public streets, with potential negative impacts on public safety, traffic, and local businesses. The Committee may wish to consider amending AB 718 to identify the local government policies that the bill is not intended to restrict, as well as the individuals that this bill is intended to apply to.

3. Sure, but will it work? AB 718 does not prevent local governments from establishing local parking regulations to address the hours a vehicle can be parked on the street. For example, this bill would not prevent a city from prohibiting overnight parking unless a vehicle obtains a residential permit. As a result, municipalities that wish to regulate this behavior may simply find other ways to enact and enforce laws that have the effect of criminalizing actions associated with homelessness without running afoul of the provisions of AB 718. Furthermore, AB 718 does not address the underlying factors that drive homelessness in California, such as a lack of affordable housing, access to jobs, and mental health treatment.

4. Charter city. The California Constitution allows cities and counties that adopt charters to control their own “municipal affairs.” In all other matters, charter cities and counties must follow the general, statewide laws. AB 718 says that it applies to all cities and counties, including charter cities and counties and includes a legislative finding and declaration that the health and safety of homeless individuals is a matter of statewide concern.

5. Related legislation. AB 5 (Ammiano, 2013) would have established a number of rights for homeless people. Among the numerous provisions in AB 5, the bill would have provided the right to occupy a motor vehicle or recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or Business Improvement District agents. AB 5 was held in the Assembly Appropriations Committee.

Similarly, SB 608 (Liu) would enact the Right to Rest Act and contains many of the same provisions as AB 5. SB 608 also includes the right to occupy a motor vehicle or a recreational vehicle, provided the vehicle is legally parked on public property or parked on private property with the permission of the property owner. SB 608 is currently a two-year bill.

Assembly Actions

Assembly Transportation Committee: 12-1

Assembly Local Government Committee: 7-1

Assembly Floor: 56-15

Support and Opposition

(6/25/15)

Support: Housing California; Abode Services; Affordable Homeless Housing Alternatives, Humboldt County; American Civil Liberties Union of California; Caduceus Justice; California Labor Federation; Coalition of California Welfare Rights Organization; Corporation for Supportive Housing; County Welfare Directors Association of California; East Bay Community Law Center; Ella Baker Center for Human Rights; Homeless Lives Matter – Berkeley; Kings/Tulare Homeless Alliance; LA Human Right to Housing Collective; Law Foundation of Silicon Valley; Los Angeles Anti-Eviction Campaign; Los Angeles Community Action Network; National Association for the Education of Homeless Children and Youth; River City Food Bank; Sacramento Homeless Organizing Committee; Sacramento Regional Coalition to End Homelessness; San Diego Housing Federation; San Francisco Coalition on Homelessness; Share the Bulb; St. Anthony Foundation; St. Mary's Center; Venice Community Housing Corporation; WellSpace Health; Western Center on Law and Poverty; Western Regional Advocacy Project.

Opposition: City of Encinitas; League of California Cities; American Planning Association, California Chapter; California Business Properties Association; International Council of Shopping Centers; California Law Enforcement Association of Records Supervisors; California Police Chiefs Association; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; City of Ontario; Los Angeles Area Chamber of Commerce; Venice Stakeholders Association.

-- END --

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

LOCAL GOVERNMENT: POWERS

Prohibits local governments from penalizing, by impoundment or other method, the act of sleeping in a lawfully parked motor vehicle.

Background and Existing Law

According to the U.S. Department of Housing and Urban Development, California had 113,952 homeless people, or 20% of the nation’s overall homeless population, as of January 2014. Of California’s total homeless population, 27% were chronically homeless, 20% were in households with at least one parent and one child, 10% were veterans, and 10% were victims of domestic violence. California also had the largest number of homeless families, unaccompanied homeless youth, and homeless veterans. California has one of the nation’s highest rates of “poor renters,” or people that spend more than 50% of their income on rent. While most homeless people in the U.S. lived in emergency shelters or transitional housing in 2013, most homeless people in California were unsheltered. For example, in Los Angeles only 22% of homeless people had a bed in a shelter in 2013. As a result, many homeless people have no choice but to rest and sleep in public.

The California Constitution allows a city to "make and enforce within its limits, all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, known as the police power of cities." It is from this fundamental power that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public. One way local governments exercise their police power is by regulating certain aspects of the use of vehicles, where not in conflict with state laws. State law allows local governments to regulate parking in a variety of ways, including by establishing where vehicles may park or stop or requiring permits for parking in some areas.

Some localities have used their police power to prohibit or penalize sleeping in cars. The Policy Advocacy Clinic at the University of California, Berkeley Law School released a report in February 2015 titled "California's New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State." According to the report, California cities are substantially more restrictive than the national average in terms of passing ordinances that penalize sleeping, resting or lodging in legally parked vehicles. While only 33% of non-California cities studied restrict sleeping or lodging in vehicles, 74% of California cities do so. Such a restriction was struck down by the U.S Court of Appeals for the Ninth Circuit in June 2014. The ruling struck down a Los Angeles ordinance that prohibited people from using a vehicle parked or standing on any city street or parking lot as living quarters either overnight, day-by-day, or otherwise (Desertrain v. City of Los Angeles). The court found that the ordinance paved the way for law enforcement to target the homeless and was therefore unconstitutionally vague.

Some housing advocates want to restrict the ability of local governments to prohibit sleeping or resting in cars.

Proposed Law

Assembly Bill 718 prohibits any city, county, or city and county—including charter cities and counties—from prohibiting or otherwise penalizing the act of sleeping or resting in a lawfully parked vehicle. It would also prohibit removing and impounding a vehicle for the same reason.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Some local jurisdictions have enacted ordinances that essentially criminalize the act of being homeless by penalizing individuals for activities that they have no choice but to perform. However, for many individuals experiencing homelessness, sleeping or living in a vehicle is often the only option for shelter in the absence of adequate shelter beds across the state. Citing these individuals because they sleep in their car can subject them to fines they may not be able to afford to pay. As a result, they run the risk of arrest or vehicle seizure, which worsens their situation and exacerbates mental health problems, ensuring that more people remain homeless longer. AB 718 protects some of California’s most vulnerable citizens by preventing local jurisdictions from enacting or enforcing these policies and sends a clear message that these types of policies must be prohibited.

2. Unreasonable restriction on police power. The police power is a fundamental power of local governments. Local ordinances arise and are adopted by communities to address specific issues affecting health, safety, and broader public welfare. At the same time, local governments are sensitive to the challenges that the homeless face and the measures that are needed to provide them with assistance. These issues are debated in the chambers of local governments across the state, and the policies that result reflect elected officials’ best judgments of how to balance the needs of all of their constituents. AB 718 would severely constrain local governments from making and enforcing laws that elected officials consider necessary to preserve the welfare of their citizens. Furthermore, this bill may make it harder for local agencies to enforce other laws that preserve public safety. For example, would this bill prevent a police officer from approaching a vehicle to investigate potential criminal activity? Finally, some people who are not homeless may take advantage of AB 718 to camp on public streets, with potential negative impacts on public safety, traffic, and local businesses. The Committee may wish to consider amending AB 718 to identify the local government policies that the bill is not intended to restrict, as well as the individuals that this bill is intended to apply to.

3. Sure, but will it work? AB 718 does not prevent local governments from establishing local parking regulations to address the hours a vehicle can be parked on the street. For example, this bill would not prevent a city from prohibiting overnight parking unless a vehicle obtains a residential permit. As a result, municipalities that wish to regulate this behavior may simply find other ways to enact and enforce laws that have the effect of criminalizing actions associated with homelessness without running afoul of the provisions of AB 718. Furthermore, AB 718 does not address the underlying factors that drive homelessness in California, such as a lack of affordable housing, access to jobs, and mental health treatment.

4. Charter city. The California Constitution allows cities and counties that adopt charters to control their own “municipal affairs.” In all other matters, charter cities and counties must follow the general, statewide laws. AB 718 says that it applies to all cities and counties, including charter cities and counties and includes a legislative finding and declaration that the health and safety of homeless individuals is a matter of statewide concern.

5. Related legislation. AB 5 (Ammiano, 2013) would have established a number of rights for homeless people. Among the numerous provisions in AB 5, the bill would have provided the right to occupy a motor vehicle or recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or Business Improvement District agents. AB 5 was held in the Assembly Appropriations Committee.

Similarly, SB 608 (Liu) would enact the Right to Rest Act and contains many of the same provisions as AB 5. SB 608 also includes the right to occupy a motor vehicle or a recreational vehicle, provided the vehicle is legally parked on public property or parked on private property with the permission of the property owner. SB 608 is currently a two-year bill.

Assembly Actions

Assembly Transportation Committee: 12-1

Assembly Local Government Committee: 7-1

Assembly Floor: 56-15

Support and Opposition

(6/25/15)

Support: Housing California; Abode Services; Affordable Homeless Housing Alternatives, Humboldt County; American Civil Liberties Union of California; Caduceus Justice; California Labor Federation; Coalition of California Welfare Rights Organization; Corporation for Supportive Housing; County Welfare Directors Association of California; East Bay Community Law Center; Ella Baker Center for Human Rights; Homeless Lives Matter – Berkeley; Kings/Tulare Homeless Alliance; LA Human Right to Housing Collective; Law Foundation of Silicon Valley; Los Angeles Anti-Eviction Campaign; Los Angeles Community Action Network; National Association for the Education of Homeless Children and Youth; River City Food Bank; Sacramento Homeless Organizing Committee; Sacramento Regional Coalition to End Homelessness; San Diego Housing Federation; San Francisco Coalition on Homelessness; Share the Bulb; St. Anthony Foundation; St. Mary's Center; Venice Community Housing Corporation; WellSpace Health; Western Center on Law and Poverty; Western Regional Advocacy Project.

Opposition: City of Encinitas; League of California Cities; American Planning Association, California Chapter; California Business Properties Association; International Council of Shopping Centers; California Law Enforcement Association of Records Supervisors; California Police Chiefs Association; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; City of Ontario; Los Angeles Area Chamber of Commerce; Venice Stakeholders Association.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 718

Author:(Chu)

As Amended Ver:May 18, 2015

Majority vote

SUMMARY: Prohibits cities and counties, including charter cities and counties, from prohibiting, otherwise subjecting to civil or criminal penalties, or impounding a vehicle by reason of the act of sleeping or resting in a lawfully parked motor vehicle.

EXISTING LAW:

1. Provides, under the California Constitution, that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. Authorizes a legislative body to pass ordinances not in conflict with the California Constitution and laws of the state or the United States.

3. Prohibits local governments from regulating the movement or parking of vehicles unless specifically authorized by state law. With respect to parking, under current law local governments may, by ordinance or resolution, do the following:

   1. Prohibit or restrict the stopping, standing, or parking of vehicles on a local road or on a state highway in their jurisdiction with the approval of the Department of Transportation.

   2. Prohibit or restrict the stopping, standing, or parking of vehicles that are six feet or more in height within 100 feet of any intersection, street, or highway during all or certain hours of the day.

   3. Designate certain streets for the exclusive parking privileges of residents and merchants adjacent to the streets for their use or the use of their guests and issue parking permits that exempt them from the restriction or prohibition of the ordinance or resolution.

   4. Authorize preferential parking permits for members of organizations, professions, or other designated groups, including but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area.

4. Makes it an infraction to violate any provision of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.

FISCAL EFFECT: None

COMMENTS: This bill restricts local governments from prohibiting, otherwise subjecting to civil or criminal penalties, or removing or impounding a vehicle by reason of the act of sleeping or resting in a lawfully parked vehicle. According to the author and sponsor, this bill is a response to an increasing number of local jurisdictions that have enacted ordinances that punish people for sleeping in a vehicle. They are concerned that these ordinances are thinly veiled attempts to criminalize homelessness that do not serve any legitimate public purpose.

According to the sponsor, Housing California, "For many women and children experiencing homelessness, sleeping or living in a vehicle affords them a sense of safety that they cannot fully experience sleeping outdoors. In the absence of adequate shelter beds across the state, a car is the most practical solution for many women and children. Many people who reside in their vehicles have some form of part-time employment that enables them to meet basic needs. A vehicle is not simple shelter for them, but the transit source that connects them to their only source of income. Likewise, a vehicle can also represent the difference between whether a homeless child gets to school or a disabled individual keeps in touch with a medical provider."

Cities and counties have broad authority to regulate parking within their communities. They can, among other things, establish time limits, install meters, prohibit parking entirely or at certain times of day on a particular street, and provide preferential parking privileges in certain areas to residents only. If a vehicle is parked in accordance with whatever regulations a local government has applied to that particular parking space, it is not clear what purpose is served by additionally regulating what is happening inside the vehicle, so long as the activity is otherwise legal. Sleeping is not inherently more objectionable than eating, reading, listening to music, talking on the phone, or any other number of activities that someone might undertake in a parked car. While some cities have attempted to justify these bans on public safety grounds, it is hard to imagine how a sleeping person poses a threat to public safety.

These types of ordinances not only appear to unfairly target the homeless, but they can also pose a threat to public safety. If a driver is fatigued, it is in the interest of public safety that he or she park and rest rather than continuing to drive. In cities that ban sleeping in cars, this would be prohibited.

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093 FN: 0000446

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 718

Author:(Chu) – As Amended Ver:April 21, 2015

SUBJECT: Local government: powers.

SUMMARY: Prohibits a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties the act of sleeping or resting in a lawfully parked motor vehicle.

EXISTING LAW:

1. Provides, under the California Constitution, that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. Authorizes a legislative body to pass ordinances not in conflict with the Constitution and laws of the state or the United States.

3. Prohibits local governments from regulating the movement or parking of vehicles, unless specifically authorized by state law. With respect to parking, under current law local governments may, by ordinance or resolution, do the following:

1. Prohibit or restrict the stopping, standing, or parking of vehicles on a local road or on a state highway in their jurisdiction with the approval of the Department of Transportation;

2. Prohibit or restrict the stopping, standing, or parking of vehicles that are six feet or more in height within 100 feet of any intersection, street, or highway during all or certain hours of the day;

3. Prohibit or restrict the parking or standing of vehicles on certain streets or highways, between the hours of 2 a.m. and 6 a.m.;

4. Designate certain streets for the exclusive parking privileges of residents and merchants adjacent to the streets for their use or the use of their guests and issue parking permits that exempt them from the restriction or prohibition of the ordinance or resolution;

5. Authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets, if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area; and,

6. Establish procedures for the abatement and removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles from private or public property.

4. Makes it an infraction to violate any provision of the Vehicle Code or any local ordinance adopted, pursuant to the Vehicle Code.

FISCAL EFFECT: None

COMMENTS:

1. Background. According to the U.S. Department of Housing and Urban Development, California had 113,952 homeless people, or 20% of the nation’s overall homeless population, as of January 2014. Of California’s total homeless population, 27% were chronically homeless, 20% were in households with at least one parent and one child, 10% were veterans, and 10% were victims of domestic violence. California also had the largest number of homeless families, unaccompanied homeless youth, and homeless veterans. California has one of the nation’s highest rates of “poor renters,” or people that spend more than 50% of their income on rent. While most homeless people in the U.S. lived in emergency shelters or transitional housing in 2013, most homeless people in California were unsheltered. For example, in Los Angeles only 22% of homeless people had a shelter bed in 2013. California’s high housing costs and shortage of shelters leave many homeless people with no choice, but to rest and sleep in public.

The Policy Advocacy Clinic at the University of California, Berkeley Law School released a report in February of this year titled "California's New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State." The report states, "Homelessness is a persistent problem in California. California cities have responded to this problem by enacting municipal codes that criminalize activities associated with homelessness. Most of the current municipal anti-homeless laws were enacted during the last 25 years. This proliferation of laws shows no signs of abating. Importantly, California cities are substantially more restrictive than the national average in terms of criminalizing sleeping, resting or lodging in legally parked vehicles. While only 33% of non-California cities studied by NLCHP [National Law Center on Homelessness and Poverty] restrict sleeping or lodging in vehicles, 74% of California cities do so." Homelessness not only has grave human consequences, it also creates challenges for local governments, both rural and urban. The researchers at the Policy Advocacy Clinic at the UC Berkeley Law School conclude that enforcement efforts may burden cities with significant financial costs.

In June of 2014 the U.S Court of Appeals for the Ninth Circuit struck down a Los Angeles ordinance that prohibited people from using a vehicle parked or standing on any city street or parking lot as living quarters either overnight, day-by-day, or otherwise (Desertrain v. City of Los Angeles). The court found that the ordinance paved the way for law enforcement to target the homeless and was therefore unconstitutionally vague. Additionally, the judge questioned if the conduct the ordinance was trying to prohibit criminalized otherwise innocent behavior, and posed a number of questions about what types of behavior in a vehicle would subject an individual to citation and arrest. The opinion stated "Is it impermissible to eat food in a vehicle? Is it illegal to keep a sleeping bag? Canned food? Books? What about speaking on a cell phone? Or staying in the car to get out of the rain? For many homeless persons, their automobile may be their last major possession – the means by which they can look for work and seek social services. The City of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens. Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options."

2. Bill Summary. This bill prohibits a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties the act of sleeping or resting in a lawfully parked vehicle.

This bill does not prevent local governments from establishing local parking regulations, as authorized by the state, to address the hours a vehicle can be parked on the street. For example, this bill would not prevent a city from prohibiting overnight parking, unless a vehicle obtains a residential permit.

This bill is sponsored by Housing California.

3. Author's Statement. According to the author, "Local ordinances make it illegal for a person to rest or sleep in their own private vehicle, even if otherwise lawfully parked on a public way within a local jurisdiction. The aim of this type of ordinance has no other legitimate purpose than to target people experiencing homelessness. In fact, punishing people who have no other form of shelter by ticketing, citing/arresting them, or impounding their vehicle, has a disastrous effect on the person experiencing homelessness who rests in their vehicle. Many people who sleep in vehicles are women and children who do not feel safe in a shelter, are ineligible to stay in a family or women’s shelter because of the gender and age combination of their children, or who do not feel safe out on the street or in other unsheltered spaces. Contrary to belief, many people who rest in vehicles have some type of employment. For them, the vehicle is transportation to work as well as shelter. For a parent with children, it is transportation to a school or medical appointment. For all of these people, the vehicle is sometimes the last personal asset they own. Punishing a person with fines, impoundment or seizure of a vehicle that is shelter, transportation, the connection to employment, education or medical care, and an asset only deepens poverty and prolongs homelessness. Increasing the number of people without shelter or deepening their poverty reduces public safety and increases other types of local costs."

4. Related Legislation. AB 5 (Ammiano) of 2013 would have established a number of rights for homeless people. Among the numerous provisions in AB 5, the bill would have provided the right to occupy a motor vehicle or recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or Business Improvement District agents. AB 5 was held in the Assembly Appropriations Committee.

Similarly, SB 608 (Liu), currently pending in the Senate Transportation and Housing Committee, would enact the Right to Rest Act and contains many of the same provisions as AB 5. SB 608 also includes the right to occupy a motor vehicle or a recreational vehicle, provided the vehicle is legally parked on public property or parked on private property with the permission of the property owner.

5. Policy Considerations. The Committee may wish to consider the following:

1. Charter Cities and Counties. In order to fulfill the author's intent that this bill applies to all cities and counties, the author may wish to clarify that this bill applies to all general law and chartered cities and counties.

2. Impoundment. In support of the bill, the American Civil Liberties Union (ACLU) requests that the bill is clarified to include an explicit prohibition on the impoundment
   of vehicles. In order to fulfill the author's intent, the author may wish to clarify that the prohibition in the bill includes, but is not limited to, the impoundment of vehicles.

6. Arguments in Support. Supporters argue, "Tragically, an increasing number of local jurisdictions have enacted ordinances that punish people for the mere fact that they sleep in a vehicle. This type of punishment reflects an alarming level of ignorance to the daily reality of people who experience homelessness. For many women and children experiencing homelessness, sleeping or living in a vehicle affords them a sense of safety that they cannot experience sleeping outdoors, which is often the only other option in the absence of adequate shelter beds across the state. A vehicle is not simply shelter for them, but also the transit source that connects them to their only source of income. Likewise, a vehicle can also represent the difference between whether a homeless child gets to school or a disabled individual keeps in touch with a medical provider. Educational attainment is a major predictor for leaving homelessness in adulthood. Access to healthcare is critical for people subjected to life’s elements. The average life span for an adult experiencing chronic homelessness is less than fifty years of age.

"Finally, a vehicle is perhaps the only asset that many people experiencing homelessness have left. Citing vehicle owners because they sleep in their car, subjecting them to fines they can never afford to pay, and putting them at risk of vehicle seizure deepens homelessness, exacerbates mental health problems, leads to increased contact with law enforcement, and lowers public health in the community. Further miring individuals, families, and children in homelessness by ticketing them for their poverty only deepens their health, education and economic problems, and ensures that more people remain homeless longer."

7. Arguments in Opposition. Opposition argues, "This bill is a preemption of local authority to regulate and enforce laws governing the use of public and private space. Local ordinances arise and are adopted by communities to address specific issues affecting health, safety, and broader public welfare. The issues raised by this bill are less about parking and more about the use of vehicles for human habitation, including sleeping and resting. City parking locations whether on public or private property – other than campgrounds – were never intended or designed for residential occupancy.

"While this bill seeks to remove local authority to regulate such activity, the community impacts that will be imposed by this bill cannot be avoided. By combining the terms 'sleeping and 'resting' within a vehicle, to the time that the occupant may be otherwise outside of the vehicle, the bill appears to be designed to allow an individual to live in a vehicle anywhere on either public or private property where it is not otherwise forbidden to park a vehicle. It is one thing to park an empty car in front of someone's house; it is quite another for an occupied vehicle to be parked 'resting' in front of the house for hours and days. Commercial properties would face similar issues. One or more vehicles could park in front of a business removing potential parking spots for customers, and depending on the conduct of the occupants, potentially intimidate the public from visiting the location."

8. Double-Referral. This bill was heard by the Transportation Committee on April 24, 2015, where it passed with a 12-1 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

Housing California [SPONSOR]

Abode Services

Affordable Homeless Housing Alternatives, Humboldt County

American Civil Liberties Union of California

Caduceus Justice

California Labor Federation

Coalition of California Welfare Rights Organization

Corporation for Supportive Housing

East Bay Community Law Center

Ella Baker Center for Human Rights

Kings/Tulare Homeless Alliance

LA Human Right to Housing Collective

Los Angeles Anti-Eviction Campaign

Los Angeles Community Action Network

National Association for the Education of Homeless Children and Youth

River City Food Bank

Sacramento Homeless Organizing Committee

Sacramento Regional Coalition to End Homelessness

San Diego Housing Federation

San Francisco Coalition on Homelessness

Share the Bulb

St. Anthony Foundation

St. Mary's Center

Venice Community Housing Corporation

WellSpace Health

Western Center on Law and Poverty

Western Regional Advocacy Project

Opposition

American Planning Association, California Chapter

California Association of Code Enforcement Officers

California Business Properties Association

California College and University Police Chiefs Association

California Law Enforcement Association of Records Supervisors

California Police Chiefs Association

International Council of Shopping Centers

League of California Cities

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

Date of Hearing: April 27, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 718

Author:(Chu) – As Amended Ver:April 21, 2015

SUBJECT: Local government: powers

SUMMARY: Prohibits a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties the act of sleeping or resting in a lawfully parked motor vehicle.

EXISTING LAW:

1. Provides, under the California Constitution, that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. Authorizes a legislative body to pass ordinances not in conflict with the Constitution and laws of the state or the United States.

3. Prohibits local governments from regulating the movement or parking of vehicles unless specifically authorized by state law. With respect to parking, under current law local governments may, by ordinance or resolution, do the following:

1. Prohibit or restrict the stopping, standing, or parking of vehicles on a local road or on a state highway in their jurisdiction with the approval of the Department of Transportation.

2. Prohibit or restrict the stopping, standing, or parking of vehicles that are six feet or more in height within 100 feet of any intersection, street, or highway during all or certain hours of the day.

3. Designate certain streets for the exclusive parking privileges of residents and merchants adjacent to the streets for their use or the use of their guests and issue parking permits that exempt them from the restriction or prohibition of the ordinance or resolution.

4. Authorize preferential parking permits for members of organizations, professions, or other designated groups, including but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area.

4. Makes it an infraction to violate any provision of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.

FISCAL EFFECT: None

COMMENTS: AB 718 restricts local governments from prohibiting or otherwise subjecting to civil or criminal penalties the act of sleeping or resting in a lawfully parked vehicle. According to the author and sponsor, AB 718 is a response to an increasing number of local jurisdictions that have enacted ordinances that punish people for sleeping in a vehicle. They are concerned that these ordinances are thinly veiled attempts to criminalize homelessness that do not serve any legitimate public purpose.

According to the sponsor, Housing California, "For many women and children experiencing homelessness, sleeping or living in a vehicle affords them a sense of safety that they cannot fully experience sleeping outdoors. In the absence of adequate shelter beds across the state, a car is the most practical solution for many women and children. Many people who reside in their vehicles have some form of part-time employment that enables them to meet basic needs. A vehicle is not simple shelter for them, but the transit source that connects them to their only source of income. Likewise, a vehicle can also represent the difference between whether a homeless child gets to school or a disabled individual keeps in touch with a medical provider."

Cities and counties have broad authority to regulate parking within their communities. They can, among other things, establish time limits, install meters, prohibit parking entirely or at certain times of day on a particular street, and provide preferential parking privileges in certain areas to residents only. If a vehicle is parked in accordance with whatever regulations a local government has applied to that particular parking space, it is not clear what purpose is served by additionally regulating what is happening inside the vehicle, so long as the activity is otherwise legal. Sleeping is not inherently more objectionable than eating, reading, listening to music, talking on the phone, or any other number of activities that someone might undertake in a parked car. While some cities have attempted to justify these bans on public safety grounds, it is hard to imagine how a sleeping person poses a threat to public safety.

These types of ordinances not only appear to unfairly target the homeless, but they can also pose a threat to public safety. If a driver is fatigued, it is in the interest of public safety that he or she park and rest rather than continuing to drive. In cities that ban sleeping in cars, this would be prohibited.

Double referral: This bill will be referred to the Local Government Committee should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Housing California (Sponsor)

Western Regional Advocacy Project

Opposition

None on file

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093