Legislation pages are for those who have a current Membership with CPPA.
However due to the urgency of AB 503, CPPA has opened this page to all interested parties.
This page will resume access to only members once this bill is in a better position.

AB 503 (Lackey)

As many of you know, Governor Brown signed AB 503 (Lackey) into law on October 13, 2017. This bill requires the following:

(1) Parking agencies (not Cal. State Universities or Community colleges) must offer a parking citation payment plan to indigent people prior to sending an indigent person’s delinquent parking penalties to the DMV for collection.  This requirement is effective July 1, 2018.

(2) Cal. State Universities and Community Colleges must offer a payment plan to everyone with multiple parking citations (includes indigent and non-indigent). This plan must be implemented by August 1, 2018. If the schools do not meet this deadline, then they are subject to the requirements applicable to other agencies, above.  

The CPPA ardently opposed the bill at every step of the way. Although it was not defeated, the CPPA played an integral role in eliminating provisions which would have been extremely detrimental for parking agencies and adding provisions that are beneficial, thus we count these as victories:

·The removal of the provisions which required a sliding scale and then an 80% reduction in parking penalties.

·The removal of the provisions which allowed individuals to establish “indigent” status by using criteria that would result in subjective qualification.  For example, the bill previously allowed a person to simply attest to his or her indigent status under penalty of perjury or provide grocery and rent receipts as evidence of indigent status.

·The CPPA worked hard to ensure that a person’s indigent status could only be established by objective criteria, more specifically, an individual’s enrollment in specified state or federal aid programs.

·The removal of the amendments which would have taken away the FTB’s authority to collect delinquent parking citations.

·The addition of a provision which imposed time limits for the payment plan to ensure that any amount due would be paid off within 18 months.

Background:

The California Public Parking Association was the first and primary opposition to AB 503. The CPPA attended the initial Capitol press conference in March 2017 which was conducted by the American Civil Liberties Union (“ACLU”), the Western Center on Law and Poverty and the author of the bill, Assemblymember Tom Lackey, a Republican member from Los Angeles County who is a retired sergeant with the California Highway Patrol. The unlikely coordination between a Republican former law enforcement representative and the ACLU, an extremely strong advocacy group associated with liberal causes, made this a difficult measure to slow from the outset.

 

During the press conference, Assemblymember Lackey explained that he was carrying this bill for several reasons: Firstly, he believed that local agencies are motivated to over-enforce parking laws and collect fine revenue for projects and uses unrelated to parking; Secondly, he strongly believed that delinquent parking ticket fines (which prevent an individual from registering his or her car) should not inhibit a person’s ability to go to work. The ACLU also presented anecdotal examples of drivers who had lost their registration (and eventually their jobs) due to the failure to pay parking tickets.

  

CPPA’s Opposition:

Meeting Directly with Assemblymember Lackey

The Association stayed extremely active on this bill at each step in the process. Soon after the press conference, the CPPA met directly with Assemblymember Lackey to discuss our concerns with the bill. We urged him to reconsider his measure, which we assured him would encourage scofflaw behavior. We further urged him to amend the bill to require that the State Department of Motor Vehicles offer a “payment plan” (thus reducing the burden on local agencies and ensuring a consistent process statewide) which he eventually declined.  The CPPA also worked on multiple occasions with Assemblymember Lackey’s staff to in crafting the language for the more favorable amendments discussed above.

 

Opposing the Bill before Multiple Committees and Both the Assembly and Senate

The CPPA provided lead opposition testimony in the Assembly Transportation Committee, the Assembly Appropriations Committee, the Senate Transportation Committee and the Senate Appropriations Committee. In each House, the CPPA distributed Floor alerts to all members to educate their vote.

 

Eventually, the CPPA was joined by the City of Garden Grove, City of Lakewood, City of La Mirada, City of Lawndale, City of Sacramento and the League of California Cities in registered opposition to the bill. The City and County of San Francisco, as well as the City of Los Angeles became active on the bill and worked with the Association and the Author’s office to impact the final product.    

To reiterate, the coalition was able to force the “80% reduction of fines” piece out of the bill, require that indigent status be determined by objective criteria, force a time limit into the bill to ensure that any amount due would be paid off in 18 months, and maintain provisions to allow the FTB to collect delinquent fines.

Despite our successful amendments, the CPPA remained opposed to bill and argued for local control of local programs and policies.     

Meeting Directly with Governor Brown’s Staff Members

The CPPA met with the Governor’s staff and submitted opposition letters to his office detailing continued concerns. Please see the links, below, to the letters sent.

 

Opposition Letters

In addition to our efforts with the legislature and Governor, the CPPA worked hard to educate our members and garner opposition by posting “Urgent” messages on the website, sending out three “Urgent” newsletters and providing updates in every newsletter for seven months. Additionally, over 5,000 notifications were mailed out to parking agencies throughout the state of California.   

The CPPA also removed all membership login credentials to allow free access to our website legislation page to help get the word out to all agencies.    

Brief Summary of Specific Provisions

· Parking Agencies (Except Cal. State Universities and Community Colleges)

o   This bill prohibits agencies from filing an itemization of delinquent parking citations with the DMV unless they have offered a payment plan to indigent individuals.  Indigent status can be established by an individual’s participation in certain government welfare programs or if the person’s income is at 125% of the federal poverty level.

o   The plan allows payment of unpaid parking fines to be paid off in monthly installments of no more than $25 for total amounts due that are $300 or less.

o   Payment plans are for a maximum of 18 months.

o   An application for an indigency determination can be made within 60 days of ticket issuance of 10 days of administrative hearing determination (whichever is later). 

o   If the indigent person falls out of compliance with the plan, he or she has 45 days to resume before an Agency can file with the DMV. 

o   Late fees are waived if an indigent person enrolls in a payment plan.

o   This plan must be implemented by July 1, 2018.

·Cal. State Universities and Community Colleges:

o   The requirements, above, do NOT apply to Cal. State Universities or community colleges provided that these schools offer a payment plan by August 1, 2018 to everyone with multiple parking citations (indigent and non-indigent). If the schools do not meet this deadline, then they are subject to the requirements applicable to other agencies.

o   Late fees shall be placed on hold while the payment plan is in place and shall be waived once the payment plan in completed.

o   Once the plan is in place, delinquent citations cannot be filed with the DMV for collection.

o   Each Campus must post the parking citation payment policy on its website.

·Other Provisions

o   Any registered owner can file a Planned Non-Operation (“PNO”) without paying parking citations. 

 

Links The bill can be found at the following link: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB503  

 

Thank you: Matt Siverling and Tim Yaryan, the CPPA’s Legislative Advocates and Julie Rosenberg, our Legislative Chairperson, who have persistently fought and led the efforts to oppose this bill and get the word out to all parking agencies. We at the CPPA are grateful for their hard work and for a version of the bill that is much less burdensome on parking agencies than as originally drafted.

CPPA Presentation AB 503