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| 1 | + | Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1325Introduced by Assembly Member Jones-SawyeFebruary 22, 2019 An act to amend Section 1656 of the Vehicle Code, relating to vehicles. An act to add Section 42011 to the Vehicle Code, relating to vehicle parking violations.LEGISLATIVE COUNSEL'S DIGESTAB 1325, as amended, Jones-Sawy eVehicles: Department of Motor Vehicles. Safe parking program participants: community service.Existing law imposes penalties in various amounts for parking violations. Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider.Existing law requires the Department of Motor Vehicles to publish a synopsis or summary of laws regulating the operation of vehicles and the use of highways, and requires the department to furnish copies of the publication to its field offices for general distribution at no charge.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42011 is added to the Vehicle Code, to read:42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System.SECTION 1.Section 1656 of the Vehicle Code is amended to read:1656.(a)The department shall publish the complete text of the California Vehicle Code together with other laws relating to the use of highways or the operation of motor vehicles once every two years. The department, upon written request of any state or local governmental officer or agency, any federal agency, any public secondary school in this state, or any other person, shall distribute the California Vehicle Code at a charge sufficient to pay the entire cost of publishing and distributing the code. With regard to public secondary schools, the quantities shall be sufficient to provide one copy for each driver training and education instructor and one copy for each public secondary school library. In determining the amount of the charge, a fraction of a dollar shall be disregarded, unless it exceeds fifty cents ($0.50), in which case it shall be treated as one full dollar ($1). The receipts from the sale of those publications shall be deposited in the Motor Vehicle Account, with the intent to reimburse the department for the entire cost to print and distribute the Vehicle Code.(b)The department shall publish a synopsis or summary of the laws regulating the operation of vehicles and the use of the highways and may deliver a copy thereof without charge with each original vehicle registration and with each original drivers license. The department shall publish the number of copies of the synopsis or summary in the Spanish language as the director determines are needed to meet the demand for those copies. The department shall furnish both English and Spanish copies to its field offices and to law enforcement agencies for general distribution and, when it does so, shall furnish the copies without charge. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1325Introduced by Assembly Member Jones-SawyeFebruary 22, 2019 An act to amend Section 1656 of the Vehicle Code, relating to vehicles. An act to add Section 42011 to the Vehicle Code, relating to vehicle parking violations.LEGISLATIVE COUNSEL'S DIGESTAB 1325, as amended, Jones-Sawy eVehicles: Department of Motor Vehicles. Safe parking program participants: community service.Existing law imposes penalties in various amounts for parking violations. Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider.Existing law requires the Department of Motor Vehicles to publish a synopsis or summary of laws regulating the operation of vehicles and the use of highways, and requires the department to furnish copies of the publication to its field offices for general distribution at no charge.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 26, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 11, 2019 | |
| 8 | 7 | Amended IN Assembly March 26, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1325 | |
| 13 | 12 | ||
| 14 | - | Introduced by Assembly Member Jones- | |
| 13 | + | Introduced by Assembly Member Jones-SawyeFebruary 22, 2019 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Jones- | |
| 15 | + | Introduced by Assembly Member Jones-Sawye | |
| 17 | 16 | February 22, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 42011 to the Vehicle Code, relating to vehicle parking violations. | |
| 18 | + | An act to amend Section 1656 of the Vehicle Code, relating to vehicles. An act to add Section 42011 to the Vehicle Code, relating to vehicle parking violations. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 1325, as amended, Jones- | |
| 24 | + | AB 1325, as amended, Jones-Sawy eVehicles: Department of Motor Vehicles. Safe parking program participants: community service. | |
| 26 | 25 | ||
| 27 | - | Existing law authorizes a processing agency that processes unpaid parking penalties to proceed under specified options to collect those penalties, including filing an itemization of unpaid penalties with the Department of Motor Vehicles for the department to collect the penalties along with the registration of the vehicle. Existing law prohibits a processing agency from filing that itemization unless, among other things, the processing agency provides a payment plan option for indigent persons that meets specified requirements.Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.This bill would additionally prohibit, beginning July 1, 2020, a processing agency from filing an itemization of unpaid parking penalties with the department unless the processing agency provides a community service option for eligible homeless persons that allows them to pay off unpaid parking penalties by performing community service, as specified, including by seeking or obtaining support services. The bill would require information regarding the community service option to be placed on the notice of parking violation and the processing agencys internet website. The bill would also require a processing agency to rescind the filing of an itemization of unpaid parking penalties for a homeless person, for one time only, if the registered owner or lessee of the vehicle enrolls in a community service option and pays a late fee.Existing law imposes penalties in various amounts for parking violations. Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider. | |
| 28 | - | ||
| 29 | - | Existing law authorizes a processing agency that processes unpaid parking penalties to proceed under specified options to collect those penalties, including filing an itemization of unpaid penalties with the Department of Motor Vehicles for the department to collect the penalties along with the registration of the vehicle. Existing law prohibits a processing agency from filing that itemization unless, among other things, the processing agency provides a payment plan option for indigent persons that meets specified requirements. | |
| 30 | - | ||
| 31 | - | Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed. | |
| 32 | - | ||
| 33 | - | This bill would additionally prohibit, beginning July 1, 2020, a processing agency from filing an itemization of unpaid parking penalties with the department unless the processing agency provides a community service option for eligible homeless persons that allows them to pay off unpaid parking penalties by performing community service, as specified, including by seeking or obtaining support services. The bill would require information regarding the community service option to be placed on the notice of parking violation and the processing agencys internet website. The bill would also require a processing agency to rescind the filing of an itemization of unpaid parking penalties for a homeless person, for one time only, if the registered owner or lessee of the vehicle enrolls in a community service option and pays a late fee. | |
| 26 | + | Existing law imposes penalties in various amounts for parking violations. Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider.Existing law requires the Department of Motor Vehicles to publish a synopsis or summary of laws regulating the operation of vehicles and the use of highways, and requires the department to furnish copies of the publication to its field offices for general distribution at no charge.This bill would make technical, nonsubstantive changes to those provisions. | |
| 34 | 27 | ||
| 35 | 28 | Existing law imposes penalties in various amounts for parking violations. Existing law allows a person convicted of an infraction, upon showing that payment of the total fine would pose a hardship on the person or the persons family, to elect to perform community service in lieu of the total fine that would otherwise be imposed. | |
| 36 | 29 | ||
| 30 | + | The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider. | |
| 31 | + | ||
| 32 | + | Existing law requires the Department of Motor Vehicles to publish a synopsis or summary of laws regulating the operation of vehicles and the use of highways, and requires the department to furnish copies of the publication to its field offices for general distribution at no charge. | |
| 37 | 33 | ||
| 38 | 34 | ||
| 39 | - | The bill would allow a person participating in a safe parking program, as defined, to perform community service in lieu of any unpaid fines for parking violations committed prior to the persons participation in the safe parking program. The bill would define community service for these purposes to include time spent seeking or obtaining services from a safe parking program or other social service provider. | |
| 35 | + | ||
| 36 | + | This bill would make technical, nonsubstantive changes to those provisions. | |
| 40 | 37 | ||
| 41 | 38 | ||
| 42 | 39 | ||
| 43 | 40 | ## Digest Key | |
| 44 | 41 | ||
| 45 | 42 | ## Bill Text | |
| 46 | 43 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 42011 is added to the Vehicle Code, to read:42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System.SECTION 1.Section 1656 of the Vehicle Code is amended to read:1656.(a)The department shall publish the complete text of the California Vehicle Code together with other laws relating to the use of highways or the operation of motor vehicles once every two years. The department, upon written request of any state or local governmental officer or agency, any federal agency, any public secondary school in this state, or any other person, shall distribute the California Vehicle Code at a charge sufficient to pay the entire cost of publishing and distributing the code. With regard to public secondary schools, the quantities shall be sufficient to provide one copy for each driver training and education instructor and one copy for each public secondary school library. In determining the amount of the charge, a fraction of a dollar shall be disregarded, unless it exceeds fifty cents ($0.50), in which case it shall be treated as one full dollar ($1). The receipts from the sale of those publications shall be deposited in the Motor Vehicle Account, with the intent to reimburse the department for the entire cost to print and distribute the Vehicle Code.(b)The department shall publish a synopsis or summary of the laws regulating the operation of vehicles and the use of the highways and may deliver a copy thereof without charge with each original vehicle registration and with each original drivers license. The department shall publish the number of copies of the synopsis or summary in the Spanish language as the director determines are needed to meet the demand for those copies. The department shall furnish both English and Spanish copies to its field offices and to law enforcement agencies for general distribution and, when it does so, shall furnish the copies without charge. | |
| 48 | 45 | ||
| 49 | 46 | The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | 48 | ## The people of the State of California do enact as follows: | |
| 52 | 49 | ||
| 53 | - | SECTION 1. Section | |
| 50 | + | SECTION 1. Section 42011 is added to the Vehicle Code, to read:42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 54 | 51 | ||
| 55 | - | SECTION 1. Section | |
| 52 | + | SECTION 1. Section 42011 is added to the Vehicle Code, to read: | |
| 56 | 53 | ||
| 57 | 54 | ### SECTION 1. | |
| 58 | 55 | ||
| 59 | - | ||
| 56 | + | 42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 60 | 57 | ||
| 61 | - | ||
| 58 | + | 42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 62 | 59 | ||
| 63 | - | ||
| 60 | + | 42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program.(b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.(c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 64 | 61 | ||
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | - | ||
| 64 | + | 42011. (a) Notwithstanding any other law, a person participating in a safe parking program shall be permitted to perform community service in lieu of any unpaid fine imposed for a parking violation provided in this code that was committed prior to the persons participation in the safe parking program. | |
| 68 | 65 | ||
| 69 | - | ( | |
| 66 | + | (b) For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider. | |
| 70 | 67 | ||
| 71 | - | (i) Allows a person to use the community service option to pay off unpaid parking penalties and related fees for at least 10 parking citations, or total amounts due of at least fifteen hundred dollars ($1,500), per calendar year. | |
| 72 | - | ||
| 73 | - | (ii) Requires a person to complete no more than 50 hours of community service per year, except that the processing agency may require additional hours for safety violations. | |
| 74 | - | ||
| 75 | - | (iii) Allows a person at least 90 days to complete the community service option. The 90-day period may be extended at the discretion of the processing agency. | |
| 76 | - | ||
| 77 | - | (iv) Allows a person to earn community service hours by seeking or obtaining support services. | |
| 78 | - | ||
| 79 | - | (B) A processing agency may partner with a city, county, city and county, or continuum of care formed pursuant to Sections 11381 to 11389, inclusive, of Title 42 of the United States Code to administer the community service option and identify participating social service agencies. | |
| 80 | - | ||
| 81 | - | (C) An issuing agency may limit participation in the community service option to only the registered owner of the vehicle that received the parking citation. If the registration of a vehicle has expired, the owner shall show that the owner made a bona fide effort to register the vehicle. | |
| 82 | - | ||
| 83 | - | (2) (A) The notice of parking violation includes the information described in subparagraph (A) of paragraph (1) and a telephone number and website where the recipient of a parking violation can obtain information about the community service option. | |
| 84 | - | ||
| 85 | - | (B) The internet website of the processing agency includes a telephone number and a link to a website where the recipient of a parking violation can obtain information about the community service option. | |
| 86 | - | ||
| 87 | - | (C) The website described in this paragraph shall include, at a minimum, all of the following: | |
| 88 | - | ||
| 89 | - | (i) A statement regarding the availability of a community service option and an explanation of the community service option. | |
| 90 | - | ||
| 91 | - | (ii) Information regarding the deadlines and procedures for applying for the community service option. | |
| 92 | - | ||
| 93 | - | (iii) A statement regarding a persons right to request a determination of the persons eligibility for the community service option. | |
| 94 | - | ||
| 95 | - | (iv) Information regarding the deadlines and procedures for requesting an eligibility determination, including, but not limited to, an explanation of how the processing agency will make the determination and a list of documents required by the processing agency to make the determination. | |
| 96 | - | ||
| 97 | - | (3) The registered owner or lessee fails to enroll in the community service option within the time specified in the notice of parking violation or is not eligible for the community service option. | |
| 98 | - | ||
| 99 | - | (b) The processing agency shall rescind the filing of an itemization of unpaid parking penalties and service fees with the department for a homeless individual, for one time only, if the registered owner or lessee enrolls in a community service option and pays a late fee of no more than five dollars ($5). | |
| 100 | - | ||
| 101 | - | (c) A person is homeless for purposes of this section if the person meets all of the following criteria: | |
| 102 | - | ||
| 103 | - | (1) The person is indigent as provided in subdivision (c) of Section 40220. | |
| 104 | - | ||
| 105 | - | (2) The person is homeless as provided in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. | |
| 106 | - | ||
| 107 | - | (3) The person has been entered into a Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a comparable database used by a victim service or legal service provider, as authorized by Section 576.107 of Title 24 of the Code of Federal Regulations. | |
| 68 | + | (c) For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 108 | 69 | ||
| 109 | 70 | ||
| 110 | 71 | ||
| 111 | 72 | ||
| 112 | 73 | ||
| 113 | - | (a) | |
| 74 | + | (a)The department shall publish the complete text of the California Vehicle Code together with other laws relating to the use of highways or the operation of motor vehicles once every two years. The department, upon written request of any state or local governmental officer or agency, any federal agency, any public secondary school in this state, or any other person, shall distribute the California Vehicle Code at a charge sufficient to pay the entire cost of publishing and distributing the code. With regard to public secondary schools, the quantities shall be sufficient to provide one copy for each driver training and education instructor and one copy for each public secondary school library. In determining the amount of the charge, a fraction of a dollar shall be disregarded, unless it exceeds fifty cents ($0.50), in which case it shall be treated as one full dollar ($1). The receipts from the sale of those publications shall be deposited in the Motor Vehicle Account, with the intent to reimburse the department for the entire cost to print and distribute the Vehicle Code. | |
| 114 | 75 | ||
| 115 | 76 | ||
| 116 | 77 | ||
| 117 | - | (b)For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider. | |
| 118 | - | ||
| 119 | - | ||
| 120 | - | ||
| 121 | - | (c)For purposes of this section, safe parking program means a program operated by a service provider that is funded by a city, county, or city and county and provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program on-site case management support or linkage and referrals to housing navigation or the Coordinated Entry System. | |
| 78 | + | (b)The department shall publish a synopsis or summary of the laws regulating the operation of vehicles and the use of the highways and may deliver a copy thereof without charge with each original vehicle registration and with each original drivers license. The department shall publish the number of copies of the synopsis or summary in the Spanish language as the director determines are needed to meet the demand for those copies. The department shall furnish both English and Spanish copies to its field offices and to law enforcement agencies for general distribution and, when it does so, shall furnish the copies without charge. |