BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION COMMITTEE         BILL NO:  AB 517
          SENATOR KEVIN MURRAY, CHAIRMAN         AUTHOR:   Oropeza
                                                 VERSION:  6/7/04
          Analysis by: Steve Schnaidt            FISCAL:no




          SUBJECT:

          Red light camera enforcement systems.

          DESCRIPTION:

          This bill would extend from six to 13 months the period of  
          time that confidential information and photographic records  
          from red light camera enforcement operations may be  
          retained.  The bill would also provide that such  
          information is available for judicial purposes and that law  
          enforcement agencies may audit records for contract  
          compliance purposes.

          ANALYSIS:
          
          Existing law defines an "automated enforcement system" as a  
          photographic system operated by a governmental agency, in  
          cooperation with a law enforcement agency, designed to  
          obtain a clear photograph of a vehicle's license plate and  
          the driver of the vehicle when a driver ignores an official  
          traffic control signal or a rail transit signal or crossing  
          gate.  The system is one which photographs red light  
          runners or those who ignore railroad grade crossing  
          signals.
          
          SB 1802 (Rosenthal, 1994) authorized the use of automated  
          rail crossing enforcement systems (red light cameras) to  
          record violations occurring at rail crossing signals and  
          gates.  Later, SB 833 (Kopp, Statutes of 1995) authorized a  
          three-year demonstration period to test the use and  
          effectiveness of such cameras in reducing the incidence of  
          drivers running red lights at roadway intersections and in  
          identifying the drivers committing such violations and the  
          vehicles involved.  After reviewing the operations and  
          effectiveness of the pilot program, the Legislature enacted  
          SB 1136 (Kopp, 1998) which authorized the use of automated  
          enforcement systems at intersections indefinitely.




          AB 517 (OROPEZA)                                           
          Page 2

                                                                       
           

          Under current law, the use of red light cameras is  
          conditioned on several requirements and procedures,  
          including that:

           Intersections equipped with the enforcement systems must  
            be identified by signs visible to traffic in all  
            directions, or by signs posted at all major entrances to  
            the participating city;

           Use of the system must be preceded by public notice by  
            the local jurisdiction at least 30 days in advance and  
            only warning notices may be issued to violators during  
            the first 30 days of the system's operation, after which  
            citations may be issued;

           Only a governmental agency and law enforcement agency may  
            operate a system;

           All photographic records from the cameras and related  
            information obtained from the Department of Motor  
            Vehicles (DMV) for enforcement are confidential, shall be  
            made available only to the affected governmental agencies  
            for enforcement purposes and may be retained up to six  
            months from first being obtained;

           Any driver alleged to be a violator of red light  
            provisions or the vehicle's registered owner is permitted  
            to review the photographic evidence of the alleged  
            violation;

           Citations must be delivered to the driver within 15 days   
            of the alleged violations, with a certificate of mailing  
            obtained as evidence of service, and must include  
            specified information, including how, when, and where the  
            citation may be challenged.

          Under current law, the base fine for running a red light is  
          $100, plus substantial penalty assessments for a total fine  
          exceeding $300.  The first 30% of the total fine amount is  
          required to be allocated to the general fund of the city or  
          county where the offense occurred.  The special penalty and  
          assessment amounts are transferred to various funds and  
          programs as required by law while base fines subject to  
          specific distributions are transferred to the specified  
          state funds or local agencies.




          AB 517 (OROPEZA)                                           
          Page 3

                                                                       
           

           This bill  would revise provisions governing the retention  
          of red light camera enforcement records and access to those  
          records.  Specifically, the bill would:

          1.Extend the period of time that photographic records from  
            the camera systems can be retained from the current six  
            months to 13 months.  The retention period extension  
            would apply also to confidential informational obtained  
            from the DMV for administration or enforcement of the red  
            light camera systems

          2.Declare that the photographic and related confidential  
            records are available for judicial purposes and require  
            that photographic and electronic records may be  
            maintained in a computer or on video digital video  
            systems according to specified sections of the Evidence  
            Code.  Those sections provide that an accurate printout  
            of information stored in a computer is an "original" and  
            that a printed representation of images stored on video  
            or digital medium is presumed to be an accurate  
            representation of those images.

          3.Allow a law enforcement agency that operates a red light  
            camera system to audit records maintained to ensure  
            compliance with contracts for operation of the system. 
          
          COMMENTS:

          1.According to the author, it can take up to 9 months for  
            the final disposition of citations in California courts  
            due to a violator's failure to appear/pay, court  
            processing time, or extended processing time due to a  
            trial.  This is 3 months beyond the current 6 month  
            retention period allowed by law for red light camera  
            records.  Although current law does allow for the  
            retention period to exceed 6 months until the final  
            disposition of the case, the custodian of these citation  
            records needs additional time to sort out those citations  
            that have been reconciled from those that have not  
            reached a final disposition.  The process of separating  
            those records is very labor intensive.  Extending the  
            retention period will reduce the workload because the  
            majority of cases will have reached final disposition and  
            can be destroyed upon initial review. The duplicative  
            work required to review pending records more than once  




          AB 517 (OROPEZA)                                           
          Page 4

                                                                       
           
            because of the current short retention period would will  
            be eliminated by the bill.

            The bill also is intended to clarify that the records  
            required to be retained are those that are defined by the  
            Evidence Code as the original records and to clarify the  
            authority of the law enforcement agency running a program  
            to audit records to ensure compliance with the  
            requirements of a contract and the requirements of the  
            section.  
          
          2.Over the past several years, some questions and  
            controversy arose over the integrity and operation of the  
            red light camera systems.  Some local governments faced  
            accusations that the red light cameras were being used as  
            revenue generators, rather than as safety tools, and that  
            some cameras were being placed in areas not where there  
            were high rates of accidents but where more tickets and  
            subsequent fines could be produced. Additionally, it was  
            learned that some vendors, who were hired to install the  
            cameras, received a portion of the fine revenue.   
            Questions arose whether or not the vendors' role in  
            operating the system was too broad or inappropriate. 

            In an effort to review these concerns and allegations,  
            the Bureau of State Audits (BSA) was directed to review  
            and report on the operation and efficiency of the red  
            light camera program statewide. Upon the report's  
            completion in 2002, the BSA concluded that red light  
            cameras have contributed to a reduction in accidents but  
            operational weaknesses existed at the local level.  AB  
            1022 (Oropeza, 2003), 
            sought to correct the weaknesses and allay concerns by  
            enacting many of the auditor's recommendations. 
          
          Assembly Votes:
               Floor:    76-0
               Trans:    18-0
          (Note:  Bill has been revised in the Senate and votes may  
          no longer be relevant.)

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     June 9, 2004)

               SUPPORT:  California Highway Patrol




          AB 517 (OROPEZA)                                           
          Page 5

                                                                       
           
                         California State Sheriff's Association
          
               OPPOSED:  None received.