By Mary O’KEEFE
AB 516 has been a subject of discussion across California including by residents and business owners. AB 516 is titled the Authority to Remove Vehicles and authored by Assemblymember David Chiu.
The bill proposes to repeal existing law that authorizes law enforcement 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 having a lapsed vehicle registration in excess of six months. It also repeals the existing law allowing for an immobilization of a vehicle that has five or more unpaid parking or traffic tickets.
The intent of the bill is to help those who are living in their vehicles not to lose their “homes.” Often when a vehicle is towed it takes hundreds of dollars to get it out of impound. Citations are also expensive, so many who are homeless or living in their vehicles do not have the funds to cover their tickets or pay vehicle registration.
This bill is intended to keep those who are living in their vehicles in those vehicles and not back on the street. But the issue that many, including the Los Angeles County Division-League of California Cities, are concerned about is what this bill may mean to local streets and neighborhoods.
On May 30, the League of California Cities sent a letter to Chiu stating its opposition to AB 516. In that letter it states, “While we understand your intent to alleviate cost burdens for those experiencing homelessness or other financial hardships, AB516 is an extreme approach and does not distinguish between low-income vehicle owners and scofflaws. AB 516 would eliminate essential enforcement tools for cities to address motorists who disregard basic laws designed to benefit entire communities.”
It also pointed out that there is an expectation that safe and reliable parking will be available to access the “various facets of a city.”
“Finally, the proponents of AB 516 reach broad conclusions that misrepresent the law to justify the merits of this bill. The courts have consistently upheld the enforcement actions this bill seeks to eliminate since they help prevent jeopardizing public safety, promote efficient movement of vehicular traffic, are in the interests of public welfare, and prevent the illegal operation of vehicles,” the letter stated.
The bill has passed the Assembly and is now in the Senate. It will have to go through the Senate Transportation Committee and then the Senate Public Safety Committee.
Assemblymember Laura Friedman did vote to approve the bill in the Assembly.
The way it is written presently, the law would not affect existing enforcement procedures for cities; however, that is also a little confusing too because some ordinances are tied to state law, which would be affected by AB 516.
State Senator Anthony Portantino does not sit on the Transportation Committee, which is where the bill is headed, but is aware of the concerns from his constituents. Those concerns will be taken into consideration if the bill moves out of the Transportation Committee, according to the Senator’s spokeswoman.
It is common for bills to be amended as they move through committees, and it is expected that AB 516 will be the same.