California § 40220.5

§ 40220.5.

(a) (1) A processing agency may only use the process set forth in Section 4760 to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, if the processing agency provides indigent persons with the payment plan program described in this section. (2) A processing agency shall not be required to comply with this section to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to the process set forth in Section 4760 for a person who does not file an application for an indigency determination, a person who falls out of compliance with a payment plan, except as set forth in subdivision (d), or a person who the processing agency has determined is not an indigent person. (b) A processing agency shall provide notice on its internet website of a person’s ability to request an indigency determination to qualify for a payment plan pursuant to this section. The notice shall include all of the following information: (1) The availability of a payment plan for indigent persons to pay parking penalties that were issued before July 1, 2018, and related service fees. (2) Clear language about how a person can request an indigency determination and what that determination will entail. (3) Documents needed by the processing agency to make an indigency determination. (c) A processing agency shall provide an indigent person an opportunity to pay unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to a payment plan that, at a minimum, does all of the following: (1) Allows payment of unpaid parking penalties that were issued before July 1, 2018, and related service fees, in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are three hundred dollars ($300) or less. The amount of late fees and penalty assessments waived pursuant to paragraph (2) shall not be counted in calculating that total amount of three hundred dollars ($300) or less. Unpaid parking penalties and related service fees shall be paid off within 18 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring. (2) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code. Waived late fees and penalty assessments may be reinstated if the indigent person falls out of compliance with the payment plan. (3) Limits the processing fee to participate in a payment plan to five dollars ($5) or less. The processing fee may be added to the payment plan amount, at the discretion of the indigent person. (d) A processing agency shall allow an indigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan became delinquent to resume payment. (e) A processing agency shall rescind the collection of unpaid parking penalties that were issued before July 1, 2018, and related service fees, with the department pursuant to the process set forth in Section 4760 for an indigent person, if the indigent person enrolls in a payment plan pursuant to this section. (f) “Indigent” shall have the same meaning as set forth in subdivision (c) of Section 40220. (g) This section shall remain in effect until January 1, 2027, and as of that date is repealed.