Bill Text: CA AB2337 | 2019-2020 | Regular Session | Introduced
Bill Title: Parking enforcement: video images: Los Angeles County.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2020-02-24 - Referred to Coms. on TRANS. and P. & C.P. [AB2337 Detail]
Download: California-2019-AB2337-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2337
| Introduced by Assembly Member Bloom |
February 14, 2020 |
An act to amend Sections 40240 and 40241 of the Vehicle Code, relating to parking enforcement.
LEGISLATIVE COUNSEL'S DIGEST
AB 2337, as introduced, Bloom.
Parking enforcement: video images: Los Angeles County.
Existing law authorizes the City and County of San Francisco (San Francisco) and the Alameda-Contra Costa Transit District (AC Transit) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco and AC Transit 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 requires a designated employee, who is qualified by San Francisco or AC Transit, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing law makes these video image records confidential, and
provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Los Angeles County Metropolitan Transportation Authority.
This bill would extend those provisions to the Los Angeles County Metropolitan Transportation Authority, thereby authorizing the authority to install automated forward facing parking control devices on authority-owned public transit vehicles, as specified. The bill would authorize the authority to issue parking citations for any parking violation collected by those devices, as specified. The bill would make conforming changes to related provisions.
The bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles County Metropolitan Transportation Authority.
Existing constitutional provisions require
that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
The bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 40240 of the Vehicle Code is amended to read:40240.
(a) Subject to subdivision (g), the City and County of San(b) Prior to issuing notices of parking violations pursuant to subdivision (a) of Section 40241, the City and County of San Francisco and
Francisco, the Alameda-Contra Costa Transit District
District, and the Los Angeles County Metropolitan Transportation Authority shall commence a program to issue only warning notices for 30 days. The City and County of San Francisco and Francisco, the Alameda-Contra Costa Transit District District, and the Los Angeles County Metropolitan Transportation Authority shall also make a public announcement of the program at least 30 days
prior to commencement of issuing notices of parking violations.
(c) A designated employee of the City and County of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District,
District or the Los Angeles County Metropolitan Transportation Authority, who is qualified by the city and county or the district county, district, or authority to issue parking citations, shall review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane. 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
Francisco, the Alameda-Contra Costa Transit District
District, or the Los Angeles County Metropolitan Transportation Authority occurring in a transit-only traffic lane observed by the designated employee in the recordings is subject to a civil penalty.
(d) The registered owner shall be permitted to review the video image evidence of the alleged violation during normal business hours at no cost.
(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 video image 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, video image evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a transit-only traffic lane shall be destroyed within 15 days after the information was first obtained.
(f) Notwithstanding Section 6253 of the Government Code, or any other law, the video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article.
(g) The authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes exists only until January 1, 2022.
(h) The
following definitions shall apply for purposes of this article:
(1) “Local agency” means the City and County of San Francisco and
Francisco, the Alameda-Contra Costa Transit District.
District, and the Los Angeles County Metropolitan Transportation Authority.
(2) “Transit-only traffic lane” means any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles vehicles, including taxis and vanpools, during posted times.
SEC. 2.
Section 40241 of the Vehicle Code is amended to read:40241.
(a) A designated employee of the local agency, including a contracted law enforcement agency for the Alameda-Contra Costa Transit(b) The notice of parking 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 parking 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 parking violation, the parking penalty shall consist solely of the amount of the original penalty.
(c) If,
within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking 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 pursuant to Section 40230.
(e) The City and County of San Francisco or the contracted law enforcement agency for the Alameda-Contra Costa Transit District or the Los Angeles County
Metropolitan Transportation Authority may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The City and County of San Francisco and Francisco, the Alameda-Contra Costa Transit District District, and the Los Angeles County Metropolitan Transportation Authority shall maintain overall control and supervision of the program.
SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Los Angeles County Metropolitan Transportation Authority with respect to parking enforcement.SEC. 4.
The Legislature finds and declares that Section 1 of this act, which amends Section 40240 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the individual privacy rights of those individuals depicted in video camera footage relating to parking violations, it is necessary that this act limit the public’s right of access to the images captured by an automated
parking control device used in Los Angeles County and used for parking violations issued by the Los Angeles County Metropolitan Transportation Authority.
