BILL NUMBER: AB 23	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 16, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008
	AMENDED IN ASSEMBLY  MARCH 14, 2007

INTRODUCED BY   Assembly  Member   Ma
  Members   Ma   and Leno 
    (   Coauthors:  
Assembly Members   Mullin,  
  Richardson,    
and Solorio   ) 
    (   Coauthor:   Senator   Migden
  ) 

                        DECEMBER 4, 2006

   An act to amend Section 21455.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 23, as amended, Ma. Automated traffic enforcement 
system.   system: San Francisco.  
   Existing 
    (1)     Existing  law authorizes the
limit line, intersection, or other places where a driver is required
to stop to be equipped with an automated traffic enforcement system,
as defined, if the system meets certain requirements. Existing law
limits the authority to operate an automated traffic enforcement
system to governmental agencies in cooperation with law enforcement
agencies. 
   Existing law requires that when turning movements are requested at
an intersection, with certain exceptions, or right- or left-hand
turns are prohibited at an intersection, that notice of the
requirement or prohibition be given by erection of a sign. Existing
law provides that when an official traffic control device is placed
to provide notice under these provisions, it is unlawful to disobey
the directions of that device. 
   This bill would  specify, but not limit, the traffic
violations for which   authorize the City and County of
San Francisco to utilize  an automated traffic enforcement
system  may beutilized by a local jurisdiction  
to enforce a violation of the above provision requiring compliance
with the directions of an official traffic control device  . The
bill would make other technical and conforming changes to these
provisions. 
   (2) This bill would also state the findings and declarations of
the Legislature concerning the need for special legislation. 
   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 21455.5 of the Vehicle Code is amended to read:

   21455.5.  (a) The limit line, the intersection, or a place
designated in Section 21455  ,  where a driver is required
to stop, may be equipped with an automated traffic enforcement system
if the governmental agency utilizing the system meets all of the
following requirements:
   (1) Identifies the system by signs that clearly indicate the
system's presence and are visible to traffic approaching from all
directions, or posts signs at all major entrances to the city,
including, at a minimum, freeways, bridges, and state highway routes.

   (2) Ensures that the system meets the criteria specified in
Section 21455.7 if it locates the system at an intersection. 
   (b) The City and County of San Francisco may utilize an automated
traffic enforcement system, which meets the requirements set forth in
this section, to enforce a violation of subdivision (d) of Section
22101, from Market Street onto the Central Freeway located at the
intersection of Market Street and Octavia Boulevard.  
   (b) (1) 
    (c)    Prior to issuing citations under this
section, a local jurisdiction utilizing an automated traffic
enforcement system shall commence a program to issue only warning
notices for 30 days. The local jurisdiction shall also make a public
announcement of the automated traffic enforcement system at least 30
days prior to the commencement of the enforcement program. 
   (2) The local jurisdiction may, but is not limited to, utilizing
an automated traffic enforcement system to enforce all of the
following:  
   (A) Failing to stop at a red light pursuant to subdivision (a) of
Section 21453.  
   (B) Failing to remain stopped at a red light where a sign is in
place prohibiting a turn pursuant to subdivision (b) of Section
21453.  
   (c) 
    (d)  Only a governmental agency, in cooperation with a
law enforcement agency, may operate an automated traffic 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 location.
   (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
under paragraph (1) of subdivision (a).
   (E) Overseeing the establishment  or change of 
 , timing, or change of those  signal phases  and
the timing of those signal phases.   . 
   (F) Maintaining controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators. 
   (d) 
    (e)  The activities listed in subdivision  (c)
  (d)  that relate to the operation of the system
may be contracted out by the governmental agency, if it maintains
overall control and supervision of the system. However, the
activities listed in paragraph (1) of, and subparagraphs (A), (D),
(E), and (F) of paragraph (2) of, subdivision  (c) 
 (d) may not be contracted out to the manufacturer or
supplier of the automated traffic enforcement system. 
   (e) 
    (f)  (1) Notwithstanding Section 6253 of the Government
Code or any other provision of law, photographic records made by an
automated traffic enforcement system shall be confidential, and shall
be made available only to governmental agencies and law enforcement
agencies and only for the purposes of 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 which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
information. 
   (f) 
    (g)  Notwithstanding subdivision  (d) 
 (c)  , the registered owner or any 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) 
    (h)  (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic enforcement equipment
may 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.
   (2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.
   SEC. 2.    Due to the unique circumstances concerning
traffic enforcement in the City and County of San Francisco, the
Legislature finds and declares that a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution. Therefore, this act is necessarily
applicable only to the City and County of San Francisco.