Bill Text: CA AB1287 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: parking violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-04 - Chaptered by Secretary of State - Chapter 485, Statutes of 2015. [AB1287 Detail]

Download: California-2015-AB1287-Amended.html

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BILL NUMBER: AB 1287	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015

INTRODUCED BY   Assembly Member Chiu

                        FEBRUARY 27, 2015

   An act to amend Section 70615 of the Government Code, to amend
Section 10878 of the Revenue and Taxation Code, and to amend Sections
9800, 40240, and 40241 of, to amend the heading of Article 3.5
(commencing with Section 40240) of Chapter 1 of Division 17 of, to
add  Section   Sections  40244  and
40244.5  to, and to repeal and add Sections 40242 and 40243 of,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1287, as amended, Chiu. Vehicles: parking and moving
violations: cameras.
   Existing law, until January 1, 2016, authorizes the City and
County of San Francisco (San Francisco) to install automated
forward-facing parking control devices on city-owned public transit
vehicles for the purpose of video imaging parking violations
occurring in transit-only traffic lanes. Existing law subjects a
violation of a federal or state statute or regulation, or a San
Francisco ordinance, governing parking that is observed in the
recordings to a civil penalty.
   This bill would instead authorize San Francisco to install
forward-facing cameras to record parking violations and exclusive or
preferential transit-only lane and intersection obstruction
violations. The bill would require an exclusive or preferential
transit-only lane or intersection obstruction violation recorded
pursuant to these provisions to be subject to a civil penalty not to
exceed $100. The bill would delete the repeal date, thereby extending
the operation of these provisions indefinitely.
   This bill would, among other things, authorize an issuing agency
to assess late payment fees, as specified, if payment of the civil
penalty is not received within a specified time. The bill would
require the Department of Motor Vehicles to refuse to renew the
registration of a vehicle if, among other things, the owner or lessee
has not paid the civil penalty and late payment fees, except if he
or she pays at the time of application for renewal. The bill would
require the department to remit all penalties and late payment fees
collected, after deducting administrative fees, to San Francisco.
   Existing law provides that payments for specified penalties,
including penalties for offenses relating to the parking of a
vehicle, required to register or transfer the registration of a
vehicle, constitute a lien on the vehicle on which the payments are
due or which was involved in the offenses, and on any other vehicle
owned by the owner of that vehicle.
   This bill would also include payments for penalties for exclusive
or preferential transit-only lane and intersection obstruction
violations issued pursuant to the above-mentioned provisions as
constituting a lien on the specified vehicles.
   Existing law transfers the responsibility and authority for the
collection of specified delinquent amounts, including penalties for
offenses relating to the standing or parking of a vehicle, from the
department to the Franchise Tax Board.
   This bill would also transfer to the board the responsibility and
authority to collect penalties for offenses relating to exclusive or
preferential transit-only lane or intersection obstruction violations
issued pursuant to the above-mentioned provisions.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 70615 of the Government Code is amended to
read:
   70615.  The fee for filing any of the following appeals to the
superior court is twenty-five dollars ($25):
   (a) An appeal of a local agency's decision regarding an
administrative fine or penalty under Section 53069.4.
   (b) An appeal under Section 40230 of the Vehicle Code of an
administrative agency's decision regarding a parking violation or a
violation of Section 21655.5 or 21655.8 of the Vehicle Code occurring
in an exclusive or preferential transit-only lane or Section 22526
of the Vehicle Code pursuant to Section 40240 of the Vehicle Code.
   (c) An appeal under Section 99582 of the Public Utilities Code of
a hearing officer's determination regarding an administrative penalty
for fare evasion or a passenger conduct violation.
  SEC. 2.  Section 10878 of the Revenue and Taxation Code is amended
to read:
   10878.  (a) Notwithstanding Sections 10877 and 10951, on and after
July 1, 1993, the responsibility and authority for the collection of
the following delinquent amounts, and any interest, penalties, or
service fees added thereto, shall be transferred from the department
to the Franchise Tax Board:
   (1) Registration fees.
   (2) Transfer fees.
   (3) License fees.
   (4) Use taxes.
   (5) Penalties for offenses relating to the standing or parking of
a vehicle for which a notice of parking violation, or for a violation
of Section 21655.5 or 21655.8 of the Vehicle Code occurring in an
exclusive or preferential transit-only lane or Section 22526 of the
Vehicle Code for which a notice issued pursuant to Section 40241 of
the Vehicle Code, has been served on the owner, and any
administrative service fee added to the penalty.
   (6) Any court-imposed fine or penalty assessment, and any
administrative service fee added thereto, that is subject to
collection by the department.
   (b) Any reference in this part to the department in connection
with the duty to collect these amounts shall be deemed a reference to
the Franchise Tax Board.
   (c) The amounts collected under subdivision (a) may be collected
in any manner authorized under the law as though they were a tax
imposed under Part 10 (commencing with Section 17001) that is final,
including, but not limited to, issuance of an order and levy under
Article 4 (commencing with Section 706.070) of Chapter 5 of Division
2 of Title 9 of Part 2 of the Code of Civil Procedure in the manner
provided for earnings withholding order for taxes. Part 10
(commencing with Section 17001), 10.2 (commencing with Section
18401), or 10.7 (commencing with Section 21001), or any other
applicable law shall apply for this purpose in the same manner and
with the same force and effect as if the language of Part 10, 10.2,
or 10.7, or the other applicable law is incorporated in full into
this authority to collect these amounts, except to the extent that
the provision is either inconsistent with the collection of these
amounts or is not relevant to the collection of these amounts.
   (d) Even though the amounts authorized by this section are
collected as though they are taxes, amounts so received by the
Franchise Tax Board shall be deposited into an appropriate fund or
account upon agreement between the Franchise Tax Board and the
department. The amounts shall be distributed by the department from
the appropriate fund or account in accordance with the laws providing
for the deposits and distributions as though the moneys were
received by the department.
   (e) For any collection action under this section, the Franchise
Tax Board may utilize the contract authorization, procedures, and
mechanisms available either with respect to the collection of taxes,
interest, additions to tax, and penalties pursuant to Section 18837
or 19376, or with respect to the collection of the delinquencies by
the department immediately prior to the time this section takes
effect.
   (f) The Legislature finds that it is essential for fiscal purposes
that the program authorized by this section be expeditiously
implemented. Accordingly, Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code shall not
apply to any standard, criteria, procedure, determination, rule,
notice, or guideline established or issued by the Franchise Tax Board
in implementing and administering the program required by this
section.
   (g) Any standard, criteria, procedure, determination, rule,
notice, or guideline, that is not subject to the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code pursuant to subdivision (f), shall
be approved by the Franchise Tax Board, itself.
   (h) The Franchise Tax Board may enter into any agreements or
contracts necessary to implement and administer the provisions of
this section. The Franchise Tax Board in administering this section
may delegate collection activities to the department. Any contracts
may provide for payment of the contract on the basis of a percentage
of the amount of revenue realized as a result of the contractor's
services under that contract. However, the Franchise Tax Board, in
administering this part, may not enter into contracts with private
collection agencies as authorized under Section 19377.
  SEC. 3.  Section 9800 of the Vehicle Code is amended to read:
   9800.  (a) Payments for any of the following, and any interest,
penalties, or service fees added thereto, required to register or
transfer the registration of a vehicle, constitute a lien on the
vehicle on which they are due or which was involved in the offense,
and on any other vehicle owned by the owner of that vehicle:
   (1) Registration fees.
   (2) Transfer fees.
   (3) License fees.
   (4) Use taxes.
   (5) Penalties for offenses relating to the standing or parking of
a vehicle for which a notice of parking violation, or for a violation
of Section 21655.5 or 21655.8 occurring in an exclusive or
preferential transit-only lane or Section 22526 for which a notice
issued pursuant to Section 40241, has been served on the owner, and
any administrative service fee added to the penalty.
   (6) Any court-imposed fine or penalty assessment, and any
administrative service fee added thereto, which is subject to
collection by the department.
   (b) Notwithstanding subdivision (a), if a person is cited for a
foreign registered auxiliary dolly, semitrailer, or trailer having
been operated without current year registration or valid California
permits or registration, an amount equal to the minimum registration
fees or transfer fees, and any penalty added thereto, from the date
they became due, shall, by election of the power unit operator,
constitute a lien upon the California registered power unit that was
pulling the dolly, semitrailer, or trailer. However, this subdivision
is not applicable if the citation is issued at a scale operated by
the Department of the California Highway Patrol and registration for
the vehicle can be issued there immediately upon payment of the fees
due.
   (c) Every lien arising under this section expires three years from
the date the fee, tax, parking, or other penalty first became due
unless the lien is perfected pursuant to subdivision (d).
   (d) A lien is perfected when a notice is mailed to the registered
and legal owners at the addresses shown in the department's records
and the lien is recorded on the electronic vehicle registration
records of the department. A perfected lien shall expire five years
from the date of perfection.
   (e) Employees and members of the Department of the California
Highway Patrol assigned to commercial vehicle scale facilities may
possess and sell trip permits approved by the Department of Motor
Vehicles.
  SEC. 4.  The heading of Article 3.5 (commencing with Section 40240)
of Chapter 1 of Division 17 of the Vehicle Code is amended to read:

      Article 3.5.  Procedure for Recording Parking Violations and
Certain Moving Violations


  SEC. 5.  Section 40240 of the Vehicle Code is amended to read:
   40240.  (a) The City and County of San Francisco may install
forward-facing cameras on city-owned public transit vehicles that are
part of a public transportation system, as defined by Section 99211
of the Public Utilities Code, for the purpose of recording parking
violations and violations of Sections 21655.5 and 21655.8 occurring
in an exclusive or preferential transit-only lane and Section 22526.
The cameras shall be angled and focused so as to record parking
violations and not unnecessarily capture identifying images of other
drivers, vehicles, and pedestrians. The cameras shall record the date
and time of the violation at the same time the violation is
recorded. 
   (b) Prior to issuing notices of violation pursuant to subdivision
(a) of Section 40241 for violations other than a parking violation in
an exclusive or preferential transit-only lane, the City and County
of San Francisco shall commence a program to issue only warning
notices for 30 days. The City and County of San Francisco shall also
make a public announcement of the program at least 30 days prior to
commencement of issuing notices of violation for violations other
than a parking violation in an exclusive or preferential transit-only
lane.  
   (b) 
    (c)  (1) A designated employee of the City and County of
San Francisco, who is qualified by the city and county to issue
citations, shall review the camera recordings for the purpose of
determining whether a parking violation or a violation of Section
21655.5 or 21655.8 occurring in an exclusive or preferential
transit-only lane or Section 22526 occurred. A violation of a
statute, regulation, or ordinance governing vehicle parking under
this code, under a federal or state statute or regulation, or under
an ordinance enacted by the City and County of San Francisco, or a
violation of Section 21655.5 or 21655.8 occurring in an exclusive or
preferential transit-only lane or Section 22526, observed by the
designated employee in the recordings is subject to a civil penalty.
   (2) Notwithstanding any other law, a violation of Section 21655.5
or 21655.8 occurring in an exclusive or preferential transit-only
lane or Section 22526 that is recorded pursuant to this section shall
be subject to a civil penalty that shall not exceed one hundred
dollars ($100), which shall be remitted to the City and County of San
Francisco. 
   (c) 
    (d)  The registered owner, or an individual identified
by the registered owner as the driver of the vehicle at the time of
the alleged violation, shall be permitted to review the recorded
evidence of the alleged violation during normal business hours at no
cost. 
   (d) 
    (e)  (1) Except as it may be included in court records
described in Section 68152 of the Government Code, or as provided in
paragraph (2), the recorded evidence may be retained for up to six
months from the date the information was first obtained, or 60 days
after final disposition of the citation, whichever date is later,
after which time the information shall be destroyed.
   (2) Notwithstanding Section 26202.6 of the Government Code,
recorded evidence from forward-facing cameras that does not contain
evidence of a parking violation or a violation of Section 21655.5 or
21655.8 occurring in an exclusive or preferential transit-only lane
or Section 22526 shall be destroyed within 15 days after the
information was first obtained. 
   (e) 
    (f)  Notwithstanding Section 6253 of the Government
Code, or any other law, the camera recordings are confidential.
Public agencies shall use and allow access to these records only for
the purposes authorized by this article. 
   (f) 
    (g)  For purposes of this article, "local agency" means
the City and County of San Francisco.
  SEC. 6.  Section 40241 of the Vehicle Code is amended to read:
   40241.  (a) A designated employee of the local agency shall issue
a notice of violation to the registered owner of a vehicle within 15
calendar days of the date of the violation. The notice of violation
shall set forth the violation of a statute, regulation, or ordinance
governing vehicle parking under this code, under a federal or state
statute or regulation, or under an ordinance enacted by the City and
County of San Francisco, or a violation of Section 21655.5 or 21655.8
occurring in an exclusive or preferential transit-only lane or
Section 22526, a statement indicating that payment is required within
21 calendar days from the date of citation issuance, and the
procedure for the registered owner, lessee, or rentee to deposit the
penalty or contest the citation pursuant to Section 40215. The notice
of violation shall also set forth the date, time, and location of
the violation, the vehicle license number, registration expiration
date if visible, the color of the vehicle, and, if possible, the make
of the vehicle. The notice of violation, or copy of the notice,
shall be considered a record kept in the ordinary course of business
of the City and County of San Francisco and shall be prima facie
evidence of the facts contained in the notice. The City and County of
San Francisco shall send information regarding the process for
requesting review of the recorded evidence along with the notice of
violation.
   (b) The notice of violation shall be served by depositing the
notice in the United States mail to the registered owner's last known
address listed with the Department of Motor Vehicles. Proof of
mailing demonstrating that the notice of violation was mailed to that
address shall be maintained by the local agency. If the registered
owner, by appearance or by mail, makes payment to the processing
agency or contests the violation within either 21 calendar days from
the date of mailing of the citation, or 14 calendar days after the
mailing of the notice of delinquent violation, the penalty shall
consist solely of the amount of the original penalty.
   (c) If, within 21 days after the notice of violation is issued,
the local agency determines that, in the interest of justice, the
notice of violation should be canceled, the local agency shall cancel
the notice of violation pursuant to subdivision (a) of Section
40215. The reason for the cancellation shall be set forth in writing.

   (d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant may
seek court review by filing an appeal of a parking violation or a
violation of Section 21655.5 or 21655.8 occurring in an exclusive or
preferential transit-only lane or Section 22526 following the
procedures for appeals of parking violations set forth in Section
40230.
   (e) The City and County of San Francisco may contract with a
private vendor for the processing of notices of violations and
notices of delinquent violations. The City and County of San
Francisco shall maintain overall control and supervision of the
program.
  SEC. 7.  Section 40242 of the Vehicle Code is repealed.
  SEC. 8.  Section 40242 is added to the Vehicle Code, to read:
   40242.  (a) If payment of the penalty is not received by the
person authorized to receive a deposit of the penalty by the time and
date fixed on the notice of violation under Section 40241, the
issuing agency may assess late payment fees in an amount as
determined by the issuing agency, and shall serve or mail to the
registered owner a notice of delinquent violation.
   (b) Delivery of a notice of delinquent violation under this
section may be made by personal service or by first-class mail
addressed to the registered owner.
   (c) The notice of delinquent violation shall contain a notice to
the registered owner that, unless the registered owner pays the
penalty or contests the notice within 15 days after mailing of the
notice of delinquent violation, the renewal of the vehicle
registration shall be contingent upon compliance with the notice of
delinquent violation. If the registered owner, by appearance or by
mail, makes payment to the issuing agency within 15 days of the
mailing of the notice of delinquent violation, the penalty shall
consist of the amount of the original penalty and any late payment
fees.
  SEC. 9.  Section 40243 of the Vehicle Code is repealed.
  SEC. 10.  Section 40243 is added to the Vehicle Code, to read:
   40243.  (a) (1) Except as provided in subdivisions (b) and (d),
the department shall refuse to renew the registration of a vehicle if
the registered owner or lessee has been mailed a notice of
delinquent violation, the processing agency has filed or
electronically transmitted to the department an itemization of unpaid
violation penalties, including late payment fees, and the owner or
lessee has not paid the violation penalty and late payment fees,
unless he or she pays to the department, at the time of application
for renewal, the full amount of all outstanding penalties, late
payment fees, and any administrative fee assessed by the department
pursuant to subdivision (b) of Section 40244, as shown by records of
the department.
   (2) When the department receives the full amount of all
outstanding violation penalties, late payment fees, and
administrative fees pursuant to paragraph (1), the department shall
issue a receipt showing each penalty, late payment fee, and
administrative fee that has been paid, the processing agency for
those penalties and fees, and a description of the vehicle involved
in the violations.
   (b) The department shall not refuse to renew the registration of a
vehicle if the applicant provides the department with the abstract
or notice of disposition of violation issued pursuant to subdivision
(c) for clearing all outstanding penalties, late payment fees, and
administrative fees as shown by the records of the department.
   (c) The court or designated processing agency shall issue an
abstract or notice of disposition of violation to the registered
owner of a vehicle issued a notice of delinquent violation if the
registered owner provides the court or processing agency with the
name, address, and driver's license number of the rentee or lessee at
the time of occurrence of the violation, and adequate proof that the
renter or lessee had possession of the vehicle at the date and time
of the violation.
   (d) The department shall not refuse to renew the registration of a
vehicle if the violation was issued prior to the registered owner
taking possession of the vehicle.
  SEC. 11.  Section 40244 is added to the Vehicle Code, to read:
   40244.  (a) The department shall remit all penalties and late
payment fees collected, after deducting the administrative fee
authorized in subdivision (b), for each notice of delinquent
violation for which penalties and late payment fees have been
collected, to the City and County of San Francisco in the amount due.
Within 45 days from the time penalties are recorded by the
department, the department shall inform the City and County of San
Francisco which of its notices of delinquent violation have been
discharged.
   (b) The department shall assess a fee for recording the notice of
delinquent violation in an amount, as determined by the department,
that is no more than the amount sufficient to cover its actual
administrative costs.
   SEC. 12.    Section 40244.5 is added to the 
 Vehicle Code   , to read:  
   40244.5.  (a) On or before January 1, 2019, the City and County of
San Francisco shall provide to the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
a report evaluating the effectiveness of automated enforcement of
violations of Section 22526 in reducing pedestrian injuries and
fatalities.
   (b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
   SEC. 12.   SEC. 13.   The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
circumstances relating to parking and moving violations recorded by
cameras on city-owned public transit vehicles in the City and County
of San Francisco.