Bill Text: CA AB2360 | 2015-2016 | Regular Session | Amended
Bill Title: School buses: passing violations: automated video enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2360 Detail]
Download: California-2015-AB2360-Amended.html
BILL NUMBER: AB 2360 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2016
INTRODUCED BY Assembly Member Alejo
FEBRUARY 18, 2016
An act to amend Section 22454 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2360, as amended, Alejo. School buses: passing violations:
automated video enforcement.
Existing law requires the driver of any vehicle, upon meeting or
overtaking any schoolbus equipped with required signs that is stopped
for the purpose of loading or unloading any schoolchildren and
displaying a flashing red light signal and stop signal arm, if
equipped with a stop signal arm, to bring the vehicle to a stop
immediately before passing the schoolbus and to not proceed past the
schoolbus until the flashing red light signal and stop signal arm
cease operation. A violation of these provisions is a crime.
This bill would authorize a school district to install and operate
an automated schoolbus video enforcement system, as defined, for the
purpose of enforcing the violation described above. The bill would
require the county to transfer to the school district, on a monthly
basis, the base fines paid for violations of the provisions described
above when the violation was captured by the automated schoolbus
video enforcement system and the image or video was used to convict
the offender. The bill would also authorize a school district to
assess a $150 civil penalty for the conduct described above if (1)
the conduct was captured by an automated schoolbus video enforcement
system installed and operated by the school district and (2) the
driver of the vehicle was not criminally prosecuted for the violation
described above based on the same instance. The bill would require a
school district that establishes a civil penalty program to issue
nonbinding warning letters to drivers for the first 6 months and to
establish administrative hearing procedures in accordance with due
process. The bill would require additional signage on schoolbuses
relative to the video enforcement system. The bill would prohibit a
school district from using automated schoolbus video
enforcement systems or information gathered from those systems for
any purpose other than those authorized by these provisions. The bill
would require the Legislative Analyst's Office to prepare and submit
a report to the Legislature regarding the effect and efficacy of the
various automated schoolbus video enforcement systems used by school
districts on or before January 1, 201 9, and every 2
years thereafter, as specified.
By imposing additional duties on local governments, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22454 of the Vehicle Code is amended to read:
22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or
unloading any schoolchildren and displays a flashing red light signal
and stop signal arm, as defined in paragraph (4) of subdivision (b)
of Section 25257, if equipped with a stop signal arm, visible from
front or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
(d) (1) Notwithstanding subdivision (c), in addition to any other
monitoring devices lawfully authorized to be installed in or on a
schoolbus, a school district is authorized to install and operate an
automated schoolbus video enforcement system for the purpose of
enforcing violations of subdivision (a).
(2) For purposes of this section, an "automated schoolbus video
enforcement system" means a camera system that monitors and records
motor vehicles overtaking or passing a schoolbus when the schoolbus
is stopped and displaying a flashing red signal system and a stop
signal arm, if equipped with a stop signal arm.
(e) The county shall transfer, monthly, to the school district
whose schoolbus was involved in the violation, any base fine paid for
a violation of subdivision (a) when the violation was captured by an
automated schoolbus video enforcement system and the image or video
was used to convict the offender.
(f) A school district may assess a civil penalty of one hundred
fifty dollars ($150) for conduct described in subdivision (a) if both
of the following apply:
(1) The conduct was captured by an automated schoolbus video
enforcement system installed and operated by the school district.
(2) The driver was not prosecuted for a criminal violation of this
section based on the same instance.
(g) A school district that chooses to establish a civil penalty
program pursuant to subdivision (f) shall issue nonbinding warning
letters to drivers for a violation of subdivision (a) for the first
six months of the program.
(h) (1) A school district that assesses civil penalties pursuant
to this section shall provide an administrative appeal process that
includes, at a minimum, notice provisions, a neutral hearing officer,
an opportunity to appeal a hearing officer's decision to the
superior court, and any other procedures necessary for due process.
(2) A contract described in paragraph (3) of subdivision (i) shall
contain provisions requiring the vendor to fund the costs of the
hearing officer for the procedures required by this subdivision.
(3) A person challenging the assessment of a civil penalty
pursuant to this section shall be provided access to the images or
data evidencing the person's violation without charge.
(i) (1) A schoolbus equipped with an automated schoolbus video
enforcement system shall also be equipped with highly visible signage
on the rear of the schoolbus that reads as follows:
"STOP WHEN LIGHTS ARE FLASHING - IT'S THE LAW"
"VIDEO ENFORCED STOP"
(2) The automated schoolbus video enforcement system shall not
activate until at least six seconds after the stop arm is deployed,
or if not equipped with a stop arm, at least six seconds after the
schoolbus has stopped and its red lights are flashing.
(3) A contract between the school district and a vendor to provide
administrative or other services for the automated schoolbus video
enforcement system, including, but not limited to, processing or
storing data collected by the system, providing notice to persons
subject to the civil penalty of the assessment, or collecting
payments for civil assessments, shall contain provisions requiring
the vendor to provide and install the signage required by this
subdivision at the vendor's expense.
(j) Notwithstanding any other law, any information, image, or
other data captured or generated by the automated schoolbus video
enforcement system that is transmitted wirelessly is confidential and
shall be encrypted and, unless demanded by subpoena, shall be
available only to the school district, contractor, law enforcement,
or offender for purposes of appeal and enforcing subdivisions (a) and
(f). A school district shall not use an automated schoolbus video
enforcement system or use any information, image, or other data
captured or generated by the automated schoolbus video enforcement
system for any purpose other than the purposes authorized by this
section.
(k) (1) Notwithstanding Section 10231.5 of the Government Code,
the Legislative Analyst's Office shall prepare and submit a report to
the Legislature on or before January 1, 2019, and every two years
thereafter, regarding the effect and efficacy of the various
schoolbus video enforcement systems used by school districts in the
state.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(f)
(l) This section also applies to a roadway upon private
property.
SEC. 2. The Legislature finds and declares that
Section 1 of this act furthers, within the meaning of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it
relates to the right of public access to the meetings of local public
bodies or the writings of local public officials and local agencies.
Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution, the Legislature makes the
following findings:
Protecting the privacy of a person whose image is captured by a
schoolbus video enforcement system enhances public safety and the
protection of individual rights, thereby furthering the purposes of
Section 3 of Article I of the California Constitution.
SEC. 2. SEC. 3. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
