BILL NUMBER: SB 466	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 18, 2005

   An act to add and repeal Section 22368 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 466, as introduced, Kuehl.   Mobile photo radar enforcement
system.
   Existing law authorizes the equipping, by governmental agencies,
in cooperation with law enforcement agencies, of automated
enforcement systems, as defined, provides a special procedure in
connection with certain alleged violations recorded by an automated
enforcement system, and limits the availability of photographic
records to the purposes of the law.
   This bill would permit a similar enforcement system, a mobile
photo radar enforcement system, allowing a county or city in
cooperation with a local law enforcement agency, to operate that
system if its operation includes specific activities and is used only
for purposes of enforcing certain speed laws.
   This bill would provide that its provisions would only remain in
effect until January 1, 2008, and as of that date would be repealed.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 22368 is added to the  Vehicle Code , to read:

   22368.  (a) A mobile photo radar enforcement system may be
utilized by a local authority for speed enforcement if the local
authority complies with all of the following requirements:(1)
Identifies the system by signs that clearly indicate the system's
presence and are visible to traffic entering the street on which the
mobile system is utilized.
   (2) Identifies the vehicle containing the mobile photo radar
equipment.
   (3) Utilizes the system for speed enforcement only on streets
within residential districts.
    (b) Prior to issuing citations under this section, a local
authority utilizing a mobile photo radar traffic enforcement system
shall commence a program to issue only warning notices for 30 days.
The local authority shall also make a public announcement of the
system at least 30 days prior to the commencement of the enforcement
program.
   (c) Only a local authority, in cooperation with a law enforcement
agency, may operate a photo radar enforcement system. As used in this
subdivision, "operate" includes all of the following activities:
   (1) Developing uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establishing procedures to ensure compliance with
those guidelines.
   (2) Performing administrative functions and day-to-day functions,
including, but not limited to, all of the following:
   (A) Establishing guidelines for selection of a location where the
system will be utilized.
   (B) Ensuring that the equipment is regularly inspected.
   (C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
   (D) Regularly inspecting and maintaining warning signs placed
pursuant to paragraph (1) of subdivision (a).
   (E) Maintaining controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.
   (d) The activities listed in subdivision (c) that relate to the
operation of the system maybe contracted out by the local authority,
if it maintains overall control and supervision of the system.
However, the activities listed in paragraph (1) of, and subparagraphs
(A), (D), and (E) of paragraph (2) of, subdivision (c) shall not be
contracted out to the manufacturer or supplier of the mobile photo
radar enforcement system.
   (e) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by a mobile
photo radar enforcement system shall be confidential, and shall he
made available only to governmental agencies and law enforcement
agencies and only for the purposes of enforcing this article.
   (2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential and shall not be used for any other purpose.
   (3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after that time
the information shall be destroyed in a manner that will preserve
the confidentiality of a person included in the record or
information.
   (f) Notwithstanding subdivision (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 photographic evidence of the alleged violation.
   (g) A contract between a local authority and a manufacturer or
supplier of mobile photo radar enforcement equipment shall not
include provision for the payment or compensation to the manufacturer
or supplier based on the number of citations generated, or as a
percentage of the revenue generated, as a result of the use of the
equipment authorized under this section.
   (h)
  This section shall remain in effect only until January 1, 2008, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2008, deletes or extends that date.