Bill Text: CA SB1051 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vehicles: parking enforcement: video image evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State. Chapter 427, Statutes of 2016. [SB1051 Detail]
Download: California-2015-SB1051-Chaptered.html
BILL NUMBER: SB 1051 CHAPTERED
BILL TEXT
CHAPTER 427
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN ASSEMBLY JUNE 14, 2016
AMENDED IN SENATE MAY 10, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Hancock
FEBRUARY 16, 2016
An act to amend Sections 40240 and 40241 of, and to add Section
40240.5 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1051, Hancock. Vehicles: parking enforcement: video image
evidence.
Existing law authorizes the City and County of San Francisco (San
Francisco) to enforce parking violations in specified transit-only
traffic lanes through the use of video imaging, and authorizes 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 requires a designated employee, who is qualified by San
Francisco, 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 laws 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 Alameda-Contra Costa Transit District.
This bill would extend the provisions to the Alameda-Contra Costa
Transit District, thereby authorizing the district to enforce parking
violations in specified transit-only traffic lanes through the use
of video imaging evidence and to install automated forward facing
parking control devices on district-owned public transit vehicles.
The bill would repeal 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 on
January 1, 2022.
This bill would require, under designated circumstances, the
district and the City and County of San Francisco to submit to the
transportation, privacy, and judiciary committees of the Legislature
evaluations of the automated enforcement system's effectiveness,
impact on privacy, cost to implement, and generation of revenue, no
later than January 1, 2021.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco and the Alameda-Contra Costa Transit District.
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.
This bill would make legislative findings to that effect.
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
Francisco and the Alameda-Contra Costa Transit District may install
automated forward facing parking control devices on city-owned or
district-owned public transit vehicles, as defined by Section 99211
of the Public Utilities Code, for the purpose of video imaging of
parking violations occurring in transit-only traffic lanes. Citations
shall be issued only for violations captured during the posted hours
of operation for a transit-only traffic lane. The devices shall be
angled and focused so as to capture video images of parking
violations and not unnecessarily capture identifying images of other
drivers, vehicles, and pedestrians. The devices shall record the date
and time of the violation at the same time as the video images are
captured.
(b) Prior to issuing notices of parking violations pursuant to
subdivision (a) of Section 40241, the City and County of San
Francisco and the Alameda-Contra Costa Transit District shall
commence a program to issue only warning notices for 30 days. The
City and County of San Francisco and the Alameda-Contra Costa Transit
District 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, who is qualified by the city and county or the
district 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 the
Alameda-Contra Costa Transit District 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
the Alameda-Contra Costa Transit District.
(2) "Transit-only traffic lane" means any designated transit-only
lane on which use is restricted to mass transit vehicles, or other
designated vehicles including taxis and vanpools, during posted
times.
SEC. 2. Section 40240.5 is added to the Vehicle Code, to read:
40240.5. (a) If the Alameda-Contra Costa Transit District
implements an automated enforcement system to enforce parking
violations occurring in transit-only traffic lanes pursuant to this
article, the district shall provide to the transportation, privacy,
and judiciary committees of the Legislature an evaluation report of
the enforcement system's effectiveness, impact on privacy, cost to
implement, and generation of revenue, no later than January 1, 2021.
(b) (1) A report submitted pursuant to this section shall be
submitted notwithstanding Section 10231.5 of the Government Code.
(2) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
SEC. 3. 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 District, shall issue a notice of parking violation to the
registered owner of a vehicle within 15 calendar days of the date of
the violation. The notice of parking 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 the Alameda-Contra Costa Transit District occurring
in a transit-only traffic lane, 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 parking penalty or contest the citation
pursuant to Section 40215. The notice of parking 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 parking 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 or the Alameda-Contra Costa Transit District and
shall be prima facie evidence of the facts contained in the notice.
The City and County of San Francisco or the Alameda-Contra Costa
Transit District shall send information regarding the process for
requesting review of the video image evidence along with the notice
of parking violation.
(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 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 the Alameda-Contra Costa Transit
District shall maintain overall control and supervision of the
program.
SEC. 4. 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 enforcing parking
violations in the Alameda-Contra Costa Transit District.
SEC. 5. 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
installed on Alameda-Contra Costa Transit District-owned public
transit vehicles.
