AOC Questions ... never answered but a place to start from.

March 28, 2013

To: AOC Name Removed

From Mary Houghton

Re: Questions for AOC and/or SCO based on meeting Revenue Distribution Training

Held in Sacramento, March 20, 2013

Thank you again for the time in the training sessions and in particular for including parking. As you mention it is the beginning (or continued and to be continued…) efforts to provide consistencies throughout the state. Some of these questions were addressed during the meeting, but are still parking uncertainties or inconsistencies.

I will provide these answers to other members of the CPPA to help with clarifications and or explanations that will better assist our industry with requirements that can otherwise be overlooked or misunderstood. Thank you again for your attention to parking.

1. PC 1463.5 Disabled Linkage fee;

Question: Is it possible to get a list of which counties pay into this fund?

1. GC 76000 – 76100 and 76101; (Parking Slide 25)

Question: Could a list be provided of any county that (still) does not have a Board of Supervisors resolution for these funds?

1. Bond Indebtedness.

Question: Would the AOC be able to provide an updated list of which counties have completed their bond indebtedness? Could a monthly list be provided to help solve this ongoing question? I can offer to post this information on the CPPA website for all parking agencies to see.

1. CVC 40225. Some parking agencies pay both 50% and parking surcharges per GC76000 (per your slide 25). While it seems clear that the code of 76000 refer to “for every parking offense where a parking penalty or forfeiture is imposed and added penalty…”; vs. an Equipment or Registration offense which are not parking offenses.

Question: Could you confirm that only 50% of an equipment or registration violation is all that is paid to the County for remittance to the State Treasurer per CVC 40225(d)?

40225 (d) Fifty percent of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the county for remittance to the State Treasurer and the remaining 50 percent shall be retained by the issuing agency and processing agency subject to the terms of the contract described in Section 40200.5.

1. 40225 – Specifically the amount of the total penalty charged for Equipment and Registration violations (i.e. 5204)

Question: Could you further address the amount of the fine that should be charged when issued on a parking citation? CVC 40225 states the civil penalty (see question 6B below too) for each equipment and registration violation is the amount established for the violation the UB&PS as adopted by the judicial council. Should the amount of this civil penalty when issued on a parking citation be the base fine ($25.00) or the total fine? (please see note below)

NOTE: Additional Information; AB 408; Chapter 1244 – 1992; indicated that the penalty for a 5204 violation would be $60.00. Follow up legislation; AB 780 Chapter 1093, 1994; included language that the fine would match that of the Uniform Bail and Penalty – The intent was to allow these fines to increase without changing legislation. This has been a continuous point of confusion. Further there has NOT been any increase to the base penalty of $25.00 (with the additional fees) in many, many years. It does not seem reasonable that the penalty would be less than that imposed in AB 408, Chapter 1244 of $60.00

Could you please clarify if the total fine for a 5204 would match the total amount identified in the UB&PS?

1. Parking as Civil penalty or Administrative offense vs. an infraction.

Question A: Can you provide the statue that defines an infraction? There is still confusion that a parking ticket is an ‘infraction’ vs a ‘civil violation’’. I understand 40200 provides the cost of a parking ticket to be set as a civil penalty and the CVC defines most parking codes as a “C” civil penalty in Appendix B, list of violations of the vehicle code; but it’s still inconsistent throughout parking.

Question B: Is a 5204 issued on a parking ticket, a civil offense or an infraction? It does seem clear that it is a civil violation (see below) but then it would also seem that 40310 would not apply to equipment violation late fees (see next question) can you confirm?

40225. (a) An equipment violation entered on the notice of parking violation attached to the vehicle under Section 40203 shall be processed in accordance with this article. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to Section 40206, together with the amount of civil penalty.

(b) Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Section 5204, a person authorized to enforce parking laws and regulations shall issue a written notice of parking violation, setting forth the alleged violation. The violation shall be processed pursuant to this section.

(c) The civil penalty for each equipment violation, including failure to properly display a license plate, is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10). The reduction provided for in this subdivision involving failure to properly display license plates shall only apply if, at the time of the violation, valid license plates were issued for that vehicle in accordance with this code. The civil penalty for each violation of Section 5204 is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10).

(d) Fifty percent of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the county for remittance to the State Treasurer and the remaining 50 percent shall be retained by the issuing agency and processing agency subject to the terms of the contract described in Section 40200.5.

(e) Subdivisions (a) and (b) do not preclude the recording of a violation of subdivision (a) or (b) of Section 4000 on a notice of parking violation or the adjudication of that violation under the civil process set forth in this article.

Amended Ch. 1244, Stats. 1992. Effective January 1, 1993. Amended Ch. 1093, Stats. 1993. Effective January 1, 1994. Amended Sec. 84, Ch. 1154, Stats. 1996. Effective September 30, 1996. Amended Sec. 4, Ch. 885, Stats. 1998. Effective January 1, 1999.

1. CVC 40225.

Question: Based on your answer to 6B; If CVC 40310 does not apply to equipment and registration violations because they are issued as parking civil offenses (and not an infraction) and the issuing agency charges a late fee per local ordinance; is the City required to pay 50% per 40225 for these late fees (excluding any additional fees charged as part of the original fine per the UB&PS)?

1. GC76000.3 - During the presentation it was identified that GC 76000.3(b) surcharge was only paid on parking infractions. In looking at GC 76000.3 it seems to be section 76000.3 “c” that imposes the $3 surcharge on all parking violations commencing with Section 40200 (parking).

Question: Could you confirm that the surcharge GC 76000.3 is paid on all parking violations, civil or infractions. See the code section below.

GC 76000.3(a) Notwithstanding any other law, for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency.

(b) For each infraction parking violation for which a penalty or fine is collected in the courts of the county, the county treasurer shall transmit the penalty imposed pursuant to subdivision (a) to the Treasurer for deposit in the Trial Court Trust Fund established by Section 68085. These moneys shall be taken from the penalties, fines, and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate for infraction parking violations to reflect the added penalty provided for by subdivision (a).

(c) In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall collect the added penalty imposed by this section. Each agency that elects to process parking violations shall pay to the Treasurer for deposit in the Trial Court Trust Fund three dollars ($3) for each civil parking penalty collected on each violation. Those payments to the Treasurer shall be made monthly.

9. CVC 40226 Concern and question that continues to be asked:

CVC 40226 continues to have questions regarding the option for an issuing agency to collect an administrative fee in lieu of the parking penalty. While it does not seem to be applicable for surcharges to apply since NO Penalty is assessed and therefor NO surcharge would be applicable for an Administrative fee collected.

Question: Could you confirm that no surcharges are applicable if the administrative fine is collected instead of the penalty?

Failure to Display Disabled Placard: Administrative Charge

40226. An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed twenty-five dollars ($25) to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received.

Added Sec. 5, Ch. 640, Stats. 2002. Effective January 1, 2003.

1. PC 1463.28

Can you provide which counties pay this surcharge and explain why we still pay these surcharges (based on county/court) and when we will discontinue paying this fee?

1. Surcharges

Question: Would it be possible to get an annual accounting by county of each state parking surcharge collected?

Cc: Jim Reisinger, SCO

Darryl Mar, SCO

Ryan Mendoza, AOC

Robert Horch, CPPA Legislation Chairman

Tim Yaryan, CPPA Lobbyist

Wayne Dalton, CPPA President

Howard Chan, CPPA Vice President