AB 516: Authority to remove vehicles.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-07-02
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Date
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Status
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| Aug 30, 2019 | In committee: Held under submission. |
| Aug 12, 2019 | In committee: Referred to APPR. suspense file. |
| Jul 9, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 9). Re-referred to Com. on APPR. |
| Jul 2, 2019 | Read second time and amended. Re-referred to Com. on PUB. S. |
| Jul 1, 2019 | From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. (Ayes 9. Noes 2.) (June 25). |
| Jun 18, 2019 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| May 22, 2019 | Referred to Coms. on TRANS. and PUB. S. |
| May 14, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 13, 2019 | Read third time. Passed. Ordered to the Senate. |
| May 9, 2019 | From Consent Calendar. |
| May 2, 2019 | Read second time. Ordered to Consent Calendar. |
| May 1, 2019 | Coauthors revised. |
| Apr 23, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 1, 2019 | Re-referred to Com. on TRANS. |
| Mar 28, 2019 | Referred to Com. on TRANS. |
| Feb 14, 2019 | From printer. May be heard in committee March 16. |
| Feb 13, 2019 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 12, 2019 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jul 9, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
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| Jun 25, 2019 | Do pass as amended, but first amend, and re-refer to the Committee on [Public Safety] | Senate Standing Committee on Transportation |
Passed |
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| May 13, 2019 | AB 516 Chiu Assembly Third Reading | Assembly Floor |
Passed |
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| May 1, 2019 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 22, 2019 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2019 - 2020 Regular Session
AB 516 (Chiu) - Authority to remove vehicles
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 516 would delete the authority for law enforcement and local officials to tow and impound, or immobilize a vehicle that has five or more delinquent parking tickets or traffic violations, as specified. The bill would also modify the authority for those entities to tow and impound a vehicle left standing on a road for 72 hours or more in violation of a local ordinance by extending that time to five or more business days after a specified notice is affixed to the vehicle.
Fiscal Impact:
- The California Highway Patrol (CHP) estimates that the bill would result in unknown, potentially significant costs to create and print new notices of intent to tow a vehicle. The requirement to include information on local safe parking options and available homelessness services would drive additional expense and complications as CHP would need to create and print multiple versions of the notice to account for parking options and services provided on the local jurisdiction level. In addition, the notices would require updating as available parking options and services change. (Motor Vehicle Account)
- Unknown, potentially significant local costs for law enforcement and parking officials to include information on local safe parking options and available homelessness services on notices affixed to vehicles parked in violation of local ordinances. To the extent a local agency files a successful claim with the Commission on State Mandates, these costs would be state-reimbursable. See Staff Comments. (General Fund)
- Unknown reduction in state and local parking citation revenues, to the extent the bill removes a deterrent and collection tools for delinquent tickets. While the bill is intended to address an issue that has disproportionate impacts on low-income persons, it bill applies to all vehicles regardless of an individual’s ability to pay delinquent tickets or towing and storage fees. (local funds, State University Parking Revenue Fund, other funds administered by state institutions of higher education)
Background:
Existing law authorizes peace officers and parking enforcement officials to tow a vehicle under numerous specified circumstances, including if the vehicle has five or more delinquent parking tickets or five or more notices of failure to pay or failure to appear in court for traffic violations, or if the vehicle is parked or left standing on a highway for 72 or more hours in violation of a local ordinance. A vehicle found to have five or more delinquent parking or traffic tickets may be impounded until the vehicle owner shows evidence that all parking penalties and traffic violations have been cleared, and pays the cost of towing and storing the vehicle. A vehicle impounded under these provisions that is not released to the owner may be sold to satisfy liens to recover towing and storage costs and bail for all outstanding parking violations, with the lien for unpaid parking tickets subordinate to the lien satisfying towing and storage costs.
Existing law also authorizes peace officers and parking enforcement officials to immobilize a vehicle, as an alternative to removal, if the vehicle has five or more delinquent parking tickets or five or more notices of failure to pay or failure to appear in court for traffic violations. The vehicle may remain immobilized until all parking and traffic tickets have been paid, as specified.
Existing law authorizes an agency that processes notices of parking violations and delinquent parking violations, after completing specified collection efforts, to file an itemized list of unpaid parking penalties and service fees with the Department of Motor Vehicles (DMV) for collection when a vehicle owner attempts to register his or her vehicle. Existing law requires DMV, after receiving an itemized list of a person’s unpaid parking penalties and fees, to refuse to renew their vehicle registration, or to issue or renew a driver’s license to that person until all outstanding penalties and fees are paid. Existing law prohibits a processing agency from referring an itemized list of unpaid tickets to DMV to collect on delinquent amounts unless a payment plan is provided for indigent persons, as specified. The payment plan must allow monthly installments of no more than $25 for total amounts due that are $300 or less, and provide a waiver of all late fees and penalty assessments, exclusive of state surcharges, as specified.
Proposed Law:
AB 516 would repeal the authority for peace officers and parking enforcement officials to do the following:
- Tow and impound a vehicle with five or more delinquent parking violations tickets, or five or more notices of failure to pay or failure to appear in court for traffic violations.
- Sell an unclaimed vehicle that is towed and impounded under those circumstances in order to satisfy liens to recover towing and storage costs, and bail for all unpaid parking tickets.
- Immobilize a vehicle with five or more delinquent parking violations tickets or five or more notices of failure to pay or failure to appear in court for traffic violations impacts.
The bill would also revise the authority for peace officers and parking enforcement officials to tow and impound a vehicle that is parked or left standing on a highway for 72 or more hours in violation of a local ordinance. Specifically, the bill would authorize removal of the vehicle only if it remains parked for five or more business days after a notice is affixed to the vehicle that includes the following information:
- The date of the notice, the location of the vehicle, and the date and time after which the vehicle may be removed.
- Information on alternative safe parking options and information on available resources within the jurisdiction for persons experiencing homelessness.
Related Legislation:
SB 405 (Hertzberg), Chap. 385/2015, eliminated the requirement to pay all penalties and fines for certain traffic violations up front, and allowed an individual to schedule a court hearing prior to payment.
AB 503 (Lackey), Chap. 741/2017, and AB 2544 (Lackey), Chap. 494/2018, prohibited a processing agency from referring an itemized list of unpaid tickets to DMV to collect on delinquent amounts unless a payment plan is provided for indigent persons, as specified.
AB 2876 (Jones-Sawyer), Chap. 592/2018, clarified that the protections against the removal and subsequent storage of a vehicle, as authorized by California statute, must be reasonable under the Fourth Amendment and California Constitution, such as for “community caretaking” purposes.
Staff Comments:
This bill impose a state-mandate on local law enforcement and parking officials by requiring notices of intent to tow a vehicle parked in violation of a local ordinance to include specified information on alternative safe parking options and information on available resources within the jurisdiction for persons experiencing homelessness. It is unclear whether these costs would be deemed state-reimbursable, to the extent local agencies have the authority to adjust revenues to offset those costs. For example, local agencies have the authority to establish the schedule of parking penalties within its jurisdiction, and may be able to adjust the penalties for parking violations to cover any increased local costs associated with the bill. Whether the state is ultimately responsible for reimbursement of local costs would be subject to a determination by the Commission on State Mandates.
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SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2019 - 2020 Regular
Bill No: AB 516 Hearing Date: July 9, 2019
Author: | Chiu | ||
Version: | July 2, 2019 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Authority to Remove Vehicles
HISTORY
Source: ACLU
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Western Center on Law and Poverty
Prior Legislation: SB 405 (Hertzberg) Chapter 385, Stats. 2015
Support: California Voices for Progress; California Work & Family Coalition; Courage Campaign; Disability Rights Advocates; Drug Policy Alliance; East Bay Community law Center; Ella Baker Center for Human Rights; Equal Rights Advocates; Friends Committee on Legislation of California; Homeboy Industries; Immigrant Legal Resource Center; Insight Center of Community Economic Development; Law Enforcement Action Partnership; Law Foundation of Silicon Valley; Legal Services of Northern California; National Association of Social Workers, California Chapter; National Lawyers Guild Los Angeles; National Lawyers Guild at UCLA; Public Counsel; Public Law Center; Queer Caucus at Berkeley Law; Queers United in Revolutionary Subversion; Rubicon Programs; San Francisco Public Defenders Office; Santa Barbara County Board of Supervisors; Stronger California Advocates Network; Tipping Point Community; Trans@ Berkeley Law; UDW/AFSCME Local 3930; United Food and Commercial Workers; Youth Justice Coalition
Opposition: Building Owners and Managers Association of CA; California Apartment Association; California Business Properties Association; California Chamber of Commerce; California Contract Cities Association; California Downtown Association; California Police Chiefs Association; California Public Parking Association; California Retailers Association; California Restaurant Association; California State Sheriffs’ Association; Central Valley Towing; City Council of the City of Livermore; City of Beaumont; City of Bellflower; City of Burbank; City of Buena Park; City of Cupertino; City of Glendale; City of Laguna Beach; City of La Mirada; City of Long Beach; City of Los Angeles; City of Lynwood; City of Newport Beach; City of Palm Desert; City of Placentia; City of Rancho Cucamonga; City of Riverside; City of Sacramento; City of San Carlos; City of San Diego; City of San Jose; City of San Marcos; City of Santa Monica; City of Stanton; City of West Hollywood; Commercial Real Estate Development Association; Greater San Fernando Valley Chamber of Commerce; International Council of Shopping Centers; Council of the City of Pasadena; League of California Cities; National Federation of Independent Business; Official Police Garages of Los Angeles; Orange County Board of Supervisors; Peace Officers’ Research Association of California; Sacramento County Board of Supervisors; San Gabriel Valley Council of Governments; Uptown Community Parking District; United Chamber Advocacy Network; 1 individual
Assembly Floor Vote: 49 - 11
PURPOSE
The purpose of this bill is delete the authority of locals to remove or immobilize a vehicle that has 5 or more parking tickets and to require a warning before towing when a vehicle has been left more than 5 days in violation of a local ordinance.
Existing law authorizes a peace officer to tow a vehicle for a variety of reasons including, but not limited to, whether the vehicle has five or more unpaid parking tickets or traffic tickets, was parked in one place for more than 72 hours against a local ordinance, registration has lapsed by more than 6 months. (Vehicle Code § 22651)
Existing law allows a local authority, if a vehicle was towed for unpaid parking tickets or traffic violations, to sell an unclaimed vehicle for the purposes of recovering lost revenue, but makes the parking tickets and traffic tickets subordinate to the towing and storage costs. (Vehicle Code § 22851.1)
Existing law authorizes a peace officer to install an immobilization device on vehicles for having five or more unpaid parking tickets or traffic tickets. (Vehicle Code § 22651.7)
Existing law establishes a process that allows certain individuals that meet specified criteria in possession of outstanding parking citations to repay their fines and penalties, as specified. (Vehicle Code § 40220)
This bill makes findings and declarations relative to the impacts of vehicular towing on low-income and homeless individuals.
This bill repeals the authority that allows peace officers to tow vehicles for having five or more delinquent parking violations.
This bill modifies the authority to tow a vehicle parked or left standing for 5 or more business days by first requiring a notice to be placed on the vehicle allowing the vehicle to remained parked or left standing for a minimum of 10 additional business days prior to being towed.
This bill repeals existing law allowing for an immobilization of a vehicle that has five or more unpaid parking or traffic tickets.
This bill repeals the authority to conduct lien sales on vehicles towed for parking penalties to cover towing and storage expenses, as specified.
This bill makes various technical and conforming changes.
COMMENTS
1. Need for This Bill
According to the author:
Tens of thousands of middle class and lower-income vehicle owners suffer devastating economic consequences every year in California when their cars are towed and impounded. Towing charges across California typically require owners to pay, at minimum, $500 to retrieve a car from a tow yard. If the car was towed because the owner couldn’t afford to pay parking tickets or vehicle registration fees, the owner must first pay off these tickets or fees, any late fees, and often a release fee before they pay the tow yard’s fees, which can substantially increase the total cost.
The car owner must also pay the tow yard’s daily storage and other fees. For lower-income individuals who need time to secure this large sum, daily storage fees can easily balloon the cost of retrieving a car to $1,100 or more, which is insurmountable for many or leaves families unable to pay their bills. For example, a Californian making minimum wage makes approximately $96 per day, meaning the cost of a tow exceeds one weeks’ pay.
When a car owner can’t afford to pay the towing charges, the fines and fees owed and the release fee tow company will try to recover their costs by selling the car in a lien sale. But neither the DMV nor the local government get anything out of the lien sale. Everyone loses in that situation. The car owner loses their vehicle forever, leading to a cascade of negative repercussions and a push even deeper into poverty. Tow companies lose as well, as the revenue from a lien sale is unlikely to cover the cost of towing, storing, and the sale. And cities fail to recover the debt they sought to collect.
Towing should be conducted to improve public safety, not to punish people by collecting small debts. For example, tows should be done to ensure proper traffic flow -- such as when a car blocks an intersection, poses a danger to other cars or pedestrians, or blocks access to fire hydrants or bus zones -- or for critical public safety reason, such as if a person drives impaired.
Conversely, the economic consequences of a tow are especially punitive when a car is towed to collect small debts. According to a March 2019 report by legal service and community organizations, Towed Into Debt: How Towing Practices in California Punish Poor People (full report attached), there are three “poverty-related tows” used by local governments to collect small debts that have disproportionately impacted middle- and lower-income Californians:
- Tows for 5 or more unpaid parking tickets
- Tows where the car registration is more than 6 months out of date
- Tows where a car has been legally parked for 72 hours on a public street without being moved
According to the report, people who have unpaid parking tickets, lapsed vehicle registration, or 72-hour parking violations are far more likely to be low-income. These circumstances are usually avoidable for people who have enough income to easily pay fines and fees, or can pay for private parking. If a person lacks sufficient income to pay outstanding tickets and lapsed registration, towing a vehicle only compounds an existing untenable financial situation.
This bill addresses this issue by eliminating the three types of “poverty-related tow” previously mentioned. This bill also leaves intact over two dozen existing authorizations for towing. California’s existing towing practices don’t work for anybody. Further, AB 516 leaves in place all other mechanisms for collecting unpaid debt such as wage garnishments, bank levies, use of collection agencies, and traffic tickets for lack of proper registration.
Lower income people suffer a devastating loss when they permanently lose their cars and their ability to get to work, school, and the doctor or to their job. Tow yards lose money when unclaimed cars have to be sold at lien sales. Local governments fail to recover the underlying debt.
2. Towed into Debt
A report published in 2019 by the sponsors titled Towed into Debt: How Towing Practices in California Punish Poor People, notes how California’s cities attempt to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
3. The Cost of Towing
The general cost of towing and impound fees have been widely reported. Rates vary by locality based on the agreement local agencies enter with towing companies. For example, a random search of towing and storage rates for three cities in California finds that for the City of Long Beach the basic tow rate is $195/hour, the vehicle release fee is $43, and the daily storage fee is $55. For the City of San Jose the basic tow rate is $215, the release fee is $122, and the daily storage fee is $87.50, and for the City of Los Angeles the basic tow rate is $133/hour, the release fee is $115, and the daily storage fee is $41.50. As these rates can translate into hundreds of dollars in a matter of days, it has been noted by many stakeholders that these rates have the greatest negative impact on low-income individuals. In response to these rates, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals.
4. Help for Those Facing Hardship
Over the past five years, the Legislature has passed a variety of measures to allow individuals experiencing financial hardships to pay down and/or remove penalties and fines associated with parking and certain traffic violations. In 2015, Hertzberg, SB 405 (Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. SB 405 aimed to remedy an issue many low-income individuals were experiencing with driver's license suspensions associated with unpaid traffic violations. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) provides individuals experiencing financial hardships the opportunity to pay down unpaid parking citations through an installment plan if certain conditions are met.
5. Warning Before Towing
For a vehicle identified to be parked longer than 5 days, this bill requires a local agency to provide notification and an additional period prior to towing. The notification shall include information on local resources available to assist the person.
6. Removal of Ability to tow or Immobilize for Parking Tickets
This bill removes the ability to tow a vehicle that has been issued five or more parking tickets, and removes the ability to immobilize a vehicle that has been issued five or more parking tickets. This bill applies to all vehicles throughout the state regardless of an individual’s ability to pay.
7. Argument in Support
The Western Center on Law and Poverty, one of the sponsors of this bill states in part:
Losing a vehicle due to towing has a devastating impact on poor Californians. When a person gets their car towed they are faced with three unappealing choices. One, they can spend the little money they have to pay off the fines and fees, pay the release fee to local law enforcement and then pay off the towing and storage costs. But as the Federal Reserve notes 46 percent of Americans can’t afford an unexpected $400 bill let alone a tow costing $1,000 or more. If they pay off the towing costs, it likely means the family is not paying other bills which simply extends the crisis to another aspect of the family’s life. For many this can lead to an eviction.
Two, persons can borrow money from friends or family, attempt to sell an asset to get the money or go to a high cost consumer loan company to get the money to get the car back. For many families these are not options at all as they don’t have family or friends they can borrow from and they may not have the credit to borrow enough. But if they can borrow money, it places the family in deeper debt.
Three, a person will make the rational decision that options one and two will cause more problems than they will solve and abandons the car. While this comes with its’ own set of complications, at least the family is not out $1,000 or more. They will, though, struggle to do the everyday tasks many take for granted.
8. Argument in Opposition
The City of La Mirada, among other cities, opposes this bill stating:
AB 516 would eliminate enforcement tools for cities to address motorists who disregard basic laws designed to benefit entire communities. Specifically, the measure would eliminate the ability for cities to:
- “Immobilize,” or place a boot on a vehicle, for motorists who have five or more unpaid parking tickets;
- Remove vehicles with expired registration that are operating illegally; and
- Remove vehicles in violation of parking time restrictions.
The approach in AB 516 rewards people who fail to pay their parking tickets, register their vehicles, or adhere to reasonable policies aimed at preventing abandonment and/or street storage of vehicles, regardless of income.
AB 516 will exacerbate parking scarcity by creating an environment extremely vulnerable for exploitation with consequences much more serious than the problem the bill is trying to solve. This bill, coupled with efforts by the state aimed at eliminating local parking minimums, will create quality of life concerns across income demographics in California.
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SENATE COMMITTEE ON TRANSPORTATION
Senator Jim Beall, Chair
2019 - 2020 Regular
Bill No: AB 516 Hearing Date: 6/25/2019
Author: | Chiu | ||
Version: | 6/18/2019 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT: Authority to remove vehicles
DIGEST: This bill removes and modifies the authorization to tow a vehicle by law enforcement and/or a local public agency under various circumstances.
ANALYSIS:
Existing law:
- Authorizes a peace officer to tow a vehicle for a variety of reasons including, but not limited to, whether the vehicle has five or more unpaid parking tickets or traffic tickets, was parked in one place for more than 72 hours against a local ordinance, registration has lapsed by more than 6 months. (V.C. 22651)
- Allows a local authority, if a vehicle was towed for unpaid parking tickets or traffic violations, to sell an unclaimed vehicle for the purposes of recovering lost revenue, but makes the parking tickets and traffic tickets subordinate to the towing and storage costs. (V.C. 22851.1)
- Authorizes a peace officer to install an immobilization device on vehicles for having five or more unpaid parking tickets or traffic tickets. (V.C. 22651.7)
- Establishes a process that allows certain individuals that meet specified criteria in possession of outstanding parking citations to repay their fines and penalties, as specified. (V.C. 40220)
This bill:
- Makes findings and declarations relative to the impacts of vehicular towing on low-income and homeless individuals.
- Repeals the authority that allows peace officers to tow vehicles for having five or more delinquent parking violations.
- Modifies the authority to tow a vehicle parked or left standing for 72 or more hours by first requiring a notice to be placed on the vehicle allowing the vehicle to remained parked or left standing for a minimum of 10 additional business days prior to being towed.
- Repeals existing law allowing for an immobilization of a vehicle that has five or more unpaid parking or traffic tickets.
- Repeals the authority to conduct lien sales on vehicles towed for parking penalties to cover towing and storage expenses, as specified.
- Makes various technical and conforming changes.
COMMENTS:
- Author’s statement. According to the author, “Towing is a stressful and unpleasant experience for anyone, but for tens of thousands of Californians each year, towing has a devastating economic impact. There are many good reasons for cars to get towed, such as for public safety reasons or traffic flow, but there are 3 “poverty related tows” that solely target Californians for minor offenses based on their income. These are tows for unpaid parking tickets, an outdated car registration or for when a car has been legally parked for 72 hours on a public street. If you can’t afford to pay your parking tickets or car registration, or afford private parking, you can’t afford hundreds or thousands of dollars to get your car out of a tow yard. This results in low-income Californians losing their cars, their ability to get to work, their jobs, and even their shelter. Tow yards lose money having to cover the costs of towing, storage and lien sales. And cities lose money as they never recoup the original debts from car-owners. Low income people lose - tow yards lose - local governments lose. This bill simply stops this vicious cycle that isn’t working for anyone.”
- Towed into Debt. A report published in 2019 by the sponsors titled Towed into Debt: How Towing Practices in California Punish Poor People, notes how California’s cities attempt to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
- Towing Rates. The general cost of towing and impound fees have been widely reported. Rates vary by locality based on the agreement local agencies enter with towing companies. For example, a random search of towing and storage rates for three cities in California finds that for the City of Long Beach the basic tow rate is $195/hour, the vehicle release fee is $43, and the daily storage fee is $55. For the City of San Jose the basic tow rate is $215, the release fee is $122, and the daily storage fee is $87.50, and for the City of Los Angeles the basic tow rate is $133/hour, the release fee is $115, and the daily storage fee is $41.50. As these rates can translate into hundreds of dollars in a matter of days, it has been noted by many stakeholders that these rates have the greatest negative impact on low-income individuals. In response to these rates, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals.
- Effective deterrent. While the high costs of towing and impoundment has been widely reported, studies have shown vehicular towing and impoundment serve as an effective deterrent for a variety of traffic violations. For example, the Center for Disease Control and Prevention evaluated six studies relative to states that impose towing and impoundment laws and found in majority of the studies, these laws were effective in changing the behavior of motorist with respects to driving under the influence. Furthermore, the American Automobile Association notes, “research has demonstrated vehicle impoundment to be consistently effective in reducing DUI offenses among convicted impaired drivers. Vehicle impoundment helps reduce the drivers’ likelihood of re-offending even after other sanctions have been completed.” With respects to towing a vehicle for expired vehicle registration, the California Highway Patrol reports 17,780 have been towed between July 1, 2018 to May 29, 2019.
- Assistance. Over the past five years, the Legislature has passed a variety of measures to allow individuals experiencing financial hardships to pay down and/or remove penalties and fines associated with parking and certain traffic violations. In 2015, Hertzberg, SB 405 (Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. SB 405 aimed to remedy an issue many low-income individuals were experiencing with driver's license suspensions associated with unpaid traffic violations. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) provides individuals experiencing financial hardships the opportunity to pay down unpaid parking citations through an installment plan if certain conditions are met.
This bill aims to address several of the issues identified in Towed into Debt relative to the impacts associated with vehicular towing and low-income/homeless individuals. Specifically, for a vehicle identified to be parked longer than 72 hours, the bill requires a local agency to provide notification and an additional period prior to towing, removes the ability to tow a vehicle that has been issued five or more parking tickets, and removes the ability to immobilize a vehicle that has been issued five or more parking tickets. However, while the provisions specified in this bill may in fact provide assistance for certain individuals who undoubtedly warrant support, it’s also important to note that the provisions specified in this bill apply to all vehicles throughout the state regardless of an individual’s ability to pay.
- Support. Writing as co-sponsors to the bill, the Western Center on Law and Poverty notes, “we are a co-sponsor of AB 516 (Chiu) to reduce the number of Californians losing their vehicles due to minor Vehicle Code infractions. We remain in support of the bill, as amended, to eliminate towing for having 5 or more unpaid parking tickets and to extend the time before a car can be towed for being parked on a public street to 10 days.
For the last half dozen years, our organization and other legal service groups have been documenting the devastating impact that traffic violations, parking violations, juvenile fines and bail have on low income Californians. Fines and fees for even routine violations can run into the hundreds of dollars and if a person cannot afford to pay, the costs can exceed $1,000 quickly. Fortunately, California has been a national leader in addressing the disproportionate impact that these policies have caused and our state is a better place for the quick responses by California’s policymakers.”
The Western Center further writes, “losing a vehicle due to towing has a devastating impact on poor Californians. When a person gets their car towed they are faced with three unappealing choices. One, they can spend the little money they have to pay off the fines and fees, pay the release fee to local law enforcement and then pay off the towing and storage costs. But as the Federal Reserve notes 46 percent of Americans can’t afford an unexpected $400 bill let alone a tow costing $1,000 or more. If they pay off the towing costs, it likely means the family is not paying other bills which simply extends the crisis to another aspect of the family’s life. For many this can lead to an eviction.”
- Opposition. Writing in opposition to this measure, the League of California Cities notes, “League of California Cities regretfully remains Opposed to AB 516 (Chiu), a measure that would eliminate the ability for cities and law enforcement to adequately enforce state and local vehicle violations. AB 516 also harms the ability for cities to prevent the improper storage of private vehicles on public streets, which can create and/or exacerbate blight and public safety hazards, especially in disadvantaged communities.”
The League further writes, “in some cities, complaints of abandoned vehicles and/or improperly stored vehicles are made every five minutes. In most cities, a low percentage of vehicles are actually towed for these violations, usually far in excess of 72 hours. 72-hour parking time restrictions are a key element in city efforts to protect the public right of way. Protection of the public right of way allows for residents to access the various facets of a city, including residential neighborhoods, government services, local businesses, and city attractions. Ensuring residents and visitors have access to their own homes or those of their relatives, city hall, parks, libraries, retail, restaurants, and cultural epicenters benefit from the city adequately enforcing these basic restrictions. Residential neighborhoods and major business corridors already struggle with limited parking spaces and will continue to struggle as communities densify, making parking enforcement much more essential.”
- Double Referral. This bill is also referred to the Senate Committee on Public Safety.
Related Legislation:
AB 2544 (Lackey, Chapter 494, Statutes of 2018) and AB 503 (Lackey, Chapter 741, Statutes of 2017) — requires processing agencies to take several steps prior to asking DMV to collect their unpaid debt from indigent individuals, including establishing a payment program and waiving late fees and penalty assessments.
SB 405 (Hertzberg, Chapter 385, Statutes of 2015) — requires courts to allow individuals to schedule court proceedings, even if bail or civil assessment has been imposed, and made clarifications to the traffic amnesty program.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Assembly Votes:
Floor: 49-11
Approps: 18-0
Trans: 12-0
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 19, 2019.)
SUPPORT:
Western Center on Law and Poverty (Sponsor)
Homeboy Industries
National Association of Social Workers- California Chapter
Rubicon Programs
Stronger California
Equal Rights Advocates
Law Foundation of Silicon Valley
Courage Campaign
Senior & Disability Action
Disability Rights Advocates
American Civil Liberties Union of California
National Lawyers Guild
Lawyers Committee for Civil Rights of the San Francisco Bay Area
California Voices for Progress
San Francisco Public Defender
East Bay Community Law Center
Law Enforcement Action Partnership
Immigrant legal Resource Center
Tipping Point Community
Public Counsel
Insight Center for Community Economic Development “Insight”
Legal Services of Northern California
Public Law Center
OPPOSITION:
California Downtown Association
City of Los Angeles
City of Sacramento
City of San Jose (unless amended)
League of California Cities
San Jose Downtown Association
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 516
Author:(Chiu and Santiago)
As Amended Ver:March 28, 2019
Majority vote
SUMMARY:
Repeals existing law that authorizes peace officers to tow vehicles for having five or more delinquent parking or traffic violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration in excess of six months.
Major Provisions
- Repeals existing law that authorizes peace officers to tow vehicles for having five or more delinquent parking violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration in excess of six months.
- Repeals existing law allowing for an immobilization of a vehicle that has five or more unpaid parking or traffic tickets.
COMMENTS:
In 1977, the Legislature expanded law enforcement's ability to tow a vehicle for the following reasons: for vehicles with five or more delinquent parking tickets if it was an out of state vehicle (later amended to include in-state vehicles), for vehicles that's registration has been expired for more than six months, or if a vehicle is parked in one location for more than 72 hours against a local ordinance. The vehicle can be towed even if it was in a legal parking place at the time of the tow. Presumptively some of these new towing allowances were to make it easier for cities to enforce their curbside parking rules to control congestion. Others were made as a means of recovering lost parking ticket revenue.
Towed into Debt: How Towing Practices in California Punish Poor People, a report published in 2019 by the sponsors of this bill, highlights how California's cities attempts to regulate downtown parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the sponsors estimate that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are two to six times more likely to be sold at a lien sale than the average towed cars. 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016 the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, it is estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle. In Los Angeles, the average parking citation is $68, with late fees doubling the price of the ticket. Five or more delinquent tickets would result in a $680 cost to pay off all of the tickets to retrieve a vehicle. In total, a three day tow plus paying off all of the parking tickets would result in a total cost of $1,179, or nearly 100% of someone's monthly income who makes the maximum amount of money to qualify for Medi-Cal. If that individual somehow had enough savings to afford that type of fee, recovering the vehicle may not even be worth it, as 46% of all cars registered in California are worth less than $5,000.
According to Towed into Debt, the average lien sale of a vehicle towed for parking tickets or registration is $797.17, nearly $400 less than the cost recovery of a vehicle stowed for only three days, and $2,400 less than the fees owed at the time of the sale.
Cars will still be allowed to be towed for the following: obstructing traffic, being reported as stolen, blocking a driveway, blocking a fire hydrant, lacking a license plate, parking in a spot where notice was given for cleaning, repair or construction purposes; in spots where all vehicles are prohibited from parking, when a vehicle is parked for more than 24 hours on a portion of the highway located within the boundaries of a common interested development, for parking at a rest area for more than 8 hours, when a mobile billboard advertising is displayed, or operating an autonomous vehicle without a permit. In addition, cities will still be able to tow a vehicle that is considered abandoned, wrecked, dismantled or inoperative.
While this bill may remove one tool from local authorities to collect unpaid parking debt and the state to collect late registration fees, other collection methods will still exist, including blocks on vehicle registration until parking ticket debt is paid off. DMV can also ask the Franchise Tax Board to impose wage garnishments or a bank levy for unpaid vehicle registration.
According to the Author:
"If you can't afford to pay your parking tickets or car registration, or afford private parking, you can't afford hundreds or thousands of dollars to get your car out of a tow yard. This results in low-income Californians losing their cars, their ability to get to work, their jobs, and even their shelter. Tow yards lose money having to cover the costs of towing, storage and lien sales. And cities lose money as they never recoup the original debts from car-owners. Low income people lose - tow yards lose - local governments lose. This bill simply stops this vicious cycle that isn't working for anyone."
Arguments in Support:
According to Western Center on Law and Poverty, "The severity of the towing as punishment for minor traffic infractions is disproportionate to the offense. It is a failure as a policy as it does not result in recovery of fines and fees when the person cannot afford to get the car out of impoundment. It imposes an economic cost on towing companies when uncollected cars sit for a month without payment. The policy is constitutionally suspect."
Arguments in Opposition:
According to the California Public Parking Association, "AB 516 would allow drivers to park vehicles in excess of 72 hours anywhere in the state without repercussions. Storage of those vehicles would take up parking spaces for paying customers, and would impact retail and restaurant activity in downtown areas."
FISCAL COMMENTS:
According to the Assembly Appropriations Committee, negligible state costs, if any.
VOTES:
ASM TRANSPORTATION: 12-0-3
YES: Frazier, Fong, Aguiar-Curry, Berman, Bigelow, Chu, Cunningham, Daly, Friedman, Gipson, Grayson, Nazarian
ABS, ABST OR NV: Diep, Medina, O'Donnell
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Friedman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Jones-Sawyer, Robert Rivas
UPDATED:
VERSION: March 28, 2019
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0000447
Date of Hearing: May 1, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 516
Author:(Chiu) – As Amended Ver:March 28, 2019
Policy Committee: | Transportation | Vote: | 12 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill repeals statute that allows a peace officer or parking or traffic enforcement professional to order a vehicle towed and impounded for any of the following reasons: (a) having five or more delinquent parking or traffic violations, (b) being left on a road for 72 or more consecutive hours and (c) for a having a lapsed vehicle registration in excess of six months.
FISCAL EFFECT:
Negligible state costs, if any.
COMMENTS:
Background and Purpose. Existing law provides peace officers and specified others to order a vehicle towed for certain reasons, including if the vehicle is obstructing traffic or blocking a driveway or fire hydrant. In addition, statute allows a vehicle to be towed for having five or more delinquent parking or traffic violations, being left on a road for 72 or more consecutive hours or for a having a lapsed vehicle registration in excess of six months. The bill’s sponsors—the American Civil Liberties Union, the Lawyers’ Committee for Civil Rights and the Western Center on Law and Poverty—contend impoundment of a vehicle for an individual’s failure to pay fines is unconstitutional, noting that none of the violations addressed by this bill constitute emergencies, are not crimes and do not threaten health or safety. They also argue impoundment unjustly compounds the difficulties of lower-income Californians, as the author asserts:
Towing is a stressful & unpleasant experience for anyone, but for tens of thousands of Californians each year, towing has a devastating economic impact. There are many good reasons for cars to get towed, such as for public safety reasons or traffic flow, but there are 3 “poverty related tows” that solely target Californians for minor offenses based on their income. These are tows for unpaid parking tickets, an outdated car registration or for when a car has been legally parked for 72 hours on a public street. If you can’t afford to pay your parking tickets or car registration, or afford private parking, you can’t afford hundreds or thousands of dollars to get your car out of a tow yard. This results in low-income Californians losing their cars, their ability to get to work, their jobs, and even their shelter.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 22, 2019
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 516 (
Author:Chiu) – As Amended Ver:March 28, 2019
SUBJECT: Authority to remove vehicles
SUMMARY: Repeals existing law that authorizes peace officers to tow vehicles for having five or more delinquent parking or traffic violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration in excess of six months. Specifically, this bill:
- Repeals existing law that authorizes peace officers to tow vehicles for having five or more delinquent parking violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration in excess of six months.
- Repeals existing law allowing for an immobilization of a vehicle that has five or more unpaid parking or traffic tickets.
EXISTING LAW:
- Authorizes peace officers to tow a vehicle for the following reasons:
- The vehicle is obstructing traffic;
- The vehicle was reported as stolen;
- The vehicle is blocking a driveway;
- The vehicle is blocking a fire hydrant;
- The vehicle lacks a license plate;
- The vehicle is parked in a spot where notice was given for street cleaning, repair or construction purposes;
- The vehicle is located in spots where all vehicles are prohibited from parking;
- The vehicle is parked for more than 24 hours on a portion of the highway located within the boundaries of a common interest development;
- The vehicle is parked at a rest area for more than 8 hours;
- The vehicle has a mobile billboard advertising displayed;
- The vehicle has five or more unpaid parking tickets or traffic tickets;
- The vehicle was parked in one place for more than 72 hours against a local ordinance;
- The vehicle registration has lapsed by more than 6 months;
- The vehicle was operating autonomously without a permit.
- Allows a local authority, if a vehicle was towed for unpaid parking tickets or traffic violations, to sell an unclaimed vehicle for the purposes of recovering lost revenue, but makes the parking tickets and traffic tickets subordinate to the towing and storage costs.
- Authorizes a peace officer to install an immobilization device on vehicles for having five or more unpaid parking tickets or traffic tickets.
FISCAL EFFECT: Unknown.
COMMENTS: As the dependence of cars developed, so too did the problem of regulating where those cars can park and what to do with cars parked in undesirable ways. As a result, new laws were passed as a means of regulating curbside parking and removing unwanted or illegally parked vehicles. In 1959, California law allowed law enforcement to tow and store a vehicle when a vehicle was left unattended on a bridge, viaduct or causeway in a manner that obstructs traffic, when a vehicle had been reported stolen, when a vehicle was illegally parked to block a private driveway and it was impractical to move the vehicle to another place, when a vehicle was blocking a fire hydrant, or when a vehicle was left unattended for more than four hours on the right-of-way on a freeway.
In 1977 the Legislature expanded law enforcement’s ability to tow a vehicle for the following reasons: for vehicles with five or more delinquent parking tickets if it was an out of state vehicle (later amended to include in-state vehicles), for vehicles that’s registration has been expired for more than six months, or if a vehicle is parked in one location for more than 72 hours against a local ordinance. The vehicle can be towed even if it was in a legal parking place at the time of the tow. Presumptively some of these new towing allowances were to make it easier for cities to enforce their curbside parking rules to control congestion. Others were made as a means of recovering lost parking ticket revenue.
Towed into Debt: How Towing Practices in California Punish Poor People, a report published in 2019 by the sponsors of this bill, highlights how California’s cities attempts to regulate downtown parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the sponsors estimate that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016 the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, it is estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
In Los Angeles, the average parking citation is $68, with late fees doubling the price of the ticket. Five or more delinquent tickets would result in a $680 cost to pay off all of the tickets to retrieve a vehicle. In total, a three day tow plus paying off all of the parking tickets would result in a total cost of $1,179, or nearly 100% of someone’s monthly income who makes the maximum amount of money to qualify for Medi-Cal. If that individual somehow had enough savings to afford that type of fee, recovering the vehicle may not even be worth it, as 46% of all cars registered in California are worth less than $5,000.
According to Towed into Debt, the average lien sale of a vehicle towed for parking tickets or registration is $797.17, nearly $400 less than the cost recovery of a vehicle stowed for only three days, and $2,400 less than the fees owed at the time of the sale. A car towed for violating a 72 hour ordinance only sells for $487.92, indicating that most of these tows are very old or cheap cars. The towing and storage costs have a priority over unpaid parking tickets and traffic tickets. As a result, the average sale of these cars results in no revenue for the local authority who authorized the tow to begin with.
Because of the explosion of car use in the United States, cities are often designed around having a vehicle and not around public transit. As Towed into Debt highlights, owning a vehicle is identified as the second biggest barrier to employment, behind reliable child care; owning a vehicle plays a bigger role in getting a job than having a high school diploma, and that those with a car are almost twice as likely to remain employed over a full 18 to 24 months period than workers without a car. Towing someone’s car can have detrimental effects if they are unable to recover it. For many it could result in a loss of their job. It is estimated that one-third of the estimated 39,000 homeless individuals in Los Angeles live in vehicles. For these individuals, towing their car could result in a loss of their only shelter.
The sponsors of this bill also contend that the towing rationales this bill seeks to remove are unconstitutional. According to the Western Center of Law and Poverty, “Both the U.S. Supreme Court and several lower courts have recently found that towing of cars violates the 4th, 8th and 14th Amendments of the Constitution. Towed into Debt noted that: California has also recognized the importance of ensuring that any towing of a vehicle complies with the protections of the Fourth Amendment. In 2018, the state legislature passed AB 2876 (Jones-Sawyer) clarifying that ‘any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence.’ The new law clarifies that tows without a warrant are constitutional only if they fall under one of the exceptions to the warrant requirement, ‘such as ensuring the safe flow of traffic or protecting property from theft or vandalism.’
Cities across California violate the Fourth Amendment when they tow cars without warrants just because the owner owes fines and fees, has not paid the vehicle registration fee, or has not moved their car for 72 hours. None of these rationales for vehicle tows are sufficient to justify a warrantless seizure under the Fourth Amendment. None are emergencies, none are crimes, and none implicate safety concerns.
According to the author, “Towing is a stressful & unpleasant experience for anyone, but for tens of thousands of Californians each year, towing has a devastating economic impact. There are many good reasons for cars to get towed, such as for public safety reasons or traffic flow, but there are 3 “poverty related tows” that solely target Californians for minor offenses based on their income. These are tows for unpaid parking tickets, an outdated car registration or for when a car has been legally parked for 72 hours on a public street. If you can’t afford to pay your parking tickets or car registration, or afford private parking, you can’t afford hundreds or thousands of dollars to get your car out of a tow yard. This results in low-income Californians losing their cars, their ability to get to work, their jobs, and even their shelter. Tow yards lose money having to cover the costs of towing, storage and lien sales. And cities lose money as they never recoup the original debts from car-owners. Low income people lose - tow yards lose - local governments lose. This bill simply stops this vicious cycle that isn’t working for anyone.”
While this bill seeks to eliminate one of the economic harms faced by homeless individuals living in their cars face, other bills introduced this session are focusing on trying to provide a legal place for those cars to park at night. AB 891 (Burke) requires cities with over 330,000 individuals to have a safe parking program to provide safe parking locations and options for individuals and families living in their vehicles. That bill does not have a requirement for the number of spots that must be available for safe parking. AB 302 (Berman) requires community colleges that have parking facilities on campus to grant overnight access to those facilities to any homeless students.
Other bills, like AB 1325 (Jones-Sawyer), seek to reduce the burden of parking tickets on homeless individuals by requiring parking agencies to offer community service before they can contact DMV to place a hold on vehicle registration renewal until parking tickets are paid. AB 1187 (Jones-Sawyer) and SB 369 (Hertzberg) would require DMV to issue a temporary operating permit up to 90 days for those in a safe parking program, as defined, if there vehicle registration is expired. SB 369 also exempts participants in safe parking programs from smog check requirements, allow them to perform community service in lieu of paying a parking ticket, requires DMV to waive late fees and penalties for driver’s licenses or vehicle registration, and establishes a monthly payment plan for any other fees or penalties owed to DMV.
AB 461 (Lackey) requires DMV to offer installment payment plans for vehicle registration for those who are indigent, and AB 867 and AB 1103 (Patterson) require an installment payment plan to be offered to everyone who needs to pay vehicle registration fees.
Committee comments: This bill repeals three sections of law that originated in 1977 that allow for the towing of vehicles for unpaid parking and traffic tickets, lapsed vehicle registration, or being parked in a spot for more than 72 hours. While cities need tools to regulate curbside parking as a means of combating congestion, towing vehicles for these three reasons has had a disproportionate effect on low income individuals.
This bill does not remove a city’s ability to regulate their curbs. Cars will still be allowed to be towed for the following: obstructing traffic, being reported as stolen, blocking a driveway, blocking a fire hydrant, lacking a license plate, parking in a spot where notice was given for cleaning, repair or construction purposes; in spots where all vehicles are prohibited from parking, when a vehicle is parked for more than 24 hours on a portion of the highway located within the boundaries of a common interested development, for parking at a rest area for more than 8 hours, when a mobile billboard advertising is displayed, or operating an autonomous vehicle without a permit.
In addition, cities will still be able to tow a vehicle that is considered abandoned, wrecked, dismantled or inoperative. The CHP considers a vehicle as abandoned “if it is left on a highway, public property, or private property in such inoperable or neglected condition that the owner’s intent to relinquish all further rights or interests in it may be reasonably concluded. In reaching a reasonable conclusion, one must consider the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses.”
While this bill may remove one tool from local authorities to collect unpaid parking debt and the state to collect late registration fees, other collection methods will still exist, including blocks on vehicle registration until parking ticket debt is paid off. DMV can also ask the Franchise Tax Board to impose wage garnishments or a bank levy for unpaid vehicle registration.
Related legislation:
AB 302 (Berman, 2019), requires a community college campus that has parking facilities on campus to grant overnight access to those facilities, on or before July 1, 2020, to any homeless student who is enrolled in coursework, has paid any enrollment fees that have not been waived, and is in good standing with the community college for the purpose of sleeping in the student’s vehicle overnight. AB 302 is pending a hearing in Assembly Appropriations Committee.
AB 461 (Lackey, 2019) requires DMV to provide an indigent person, as defined, with a payment plan option for vehicle registration fees. That bill is pending a hearing in this committee.
AB 867 (Wood, 2019) and AB 1103 (Patterson, 2019) requires DMV to provide everyone an option to pay their vehicle registration fees in installment payments. Those bills are pending a hearing in this committee.
AB 891 (Burke, 2019) requires cities with more than 330,000 people to have a safe parking program, as defined. That bill is currently pending a hearing in Accountability and Administrative Review.
AB 1325 (Jones-Sawyer, 2019) requires processing agencies to offer indigent and homeless individuals community service in lieu of paying a parking ticket before they can request DMV to place a hold on someone’s vehicle registration until the parking tickets are paid off. That bill is set for the April 22nd hearing in this committee.
SB 369 (Hertzberg, 2019) establishes a safe parking program and requires DMV to create installment payment plans for participants in the safe parking program, to waive late fees for driver’s license renewals and vehicle registration, and waive smog check requirements. That bill is pending a hearing in Senate Transportation Committee.
Previous Legislation:
AB 2544 (Lackey) Chapter 494, Statutes of 2018) and AB 503 (Lackey), Chapter 741, Statutes of 2017, requires processing agencies to take several steps prior to asking DMV to collect their unpaid debt from indigent individuals, including establishing a payment program and waiving late fees and penalty assessments.
SB 85 (Committee on Budget and Fiscal Review), Chapter 26, Statutes of 2015, authorizes an 18-month traffic amnesty program, by October 1, 2015, for delinquent debt. This program expired on March 31, 2017.
AB 2260 (Ting) would have authorized a five year traffic amnesty program, by December 1, 2024, for delinquent debt. AB 2260 died in Assembly Transportation Committee.
SB 185 (Hertzberg) would have required a court to determine a defendant’s ability to pay traffic violations and make specified accommodations if it determines the defendant to be indigent. SB 185 was held under suspense in Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union of California (Sponsor)
Lawyers' Committee For Civil Rights (Sponsor)
Western Center On Law & Poverty, Inc. (Sponsor)
Access Women's Health Justice
Act For Women And Girls
Asian Americans Advancing Justice - California
Bay Area Community Services
Bend The Arc: Jewish Action
California Low-Income Consumer Coalition
California Partnership
California Public Defenders Association
California Reinvestment Coalition
California State Council Of Service Employees
California Voices For Progress
Community Housing Partnership
Community Legal Services In East Palo Alto
Courage Campaign
Disability Rights California
Ella Baker Center For Human Rights
Equal Rights Advocates
Food For People, The Food Bank For Humboldt County
Friends Committee On Legislation Of California
Homeboy Industries
Initiate Justice
Kiwa
Law Foundation Of Silicon Valley
Legal Aid Of Marin
Legal Services For Prisoners With Children
Legal Services Of Northern California
National Council Of Jewish Women Ca
National Lawyers Guild Los Angeles
Parent Voices California
Rubicon Programs
San Francisco Public Defender's Office
San Francisco Senior And Disability Action
The W. Haywood Burns Institute
Tipping Point Community
UDW/AFSCME Local 3930
United Food And Commercial Workers, Western States Council
Youth Alive!
Youth Justice Coalition
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):