BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2567
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2567 (Bradford)
          As Amended  April 12, 2010
          Majority vote 

           TRANSPORTATION      11-3                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal, Bill    |     |                          |
          |     |Berryhill, Blumenfield,   |     |                          |
          |     |Buchanan, Eng, Furutani,  |     |                          |
          |     |Galgiani, Hayashi, Norby, |     |                          |
          |     |Portantino, Solorio       |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Jeffries, Miller, Niello  |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes local public agencies to use automated  
          parking enforcement systems for street sweeping-related  
          violations.  Specifically,  this bill  :  

          1)Makes legislative findings and declarations regarding the  
            importance of street sweepers in clearing streets and roads of  
            trash and pollutants.  

          2)Authorizes local agencies to install and operate automated  
            parking enforcement systems on local public agency-owned or  
            -operated street sweeping equipment for purposes of digitally  
            photographing street sweeping parking violations.  

          3)Requires the photo enforcement equipment to be angled and  
            focused so as to capture digital photographs of license plates  
            and so as not to unnecessarily capture images of drivers,  
            other vehicles, and pedestrians.  

          4)Provides that citations can only be issued for violations  
            captured during designated street sweeping hours.  

          5)Provides that citations cannot be issued to vehicles that park  
            in restricted zones after the street has been cleaned by the  
            street sweeper.  

          6)Allows a local public agency to contract with a private vendor  








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            for the processing of parking violation notices so long as the  
            local public agency maintains overall control and supervision  
            of the automated parking enforcement system.  

          7)Requires public agencies to give advanced public notice, at  
            least 30 days, of their intent to use automated parking  
            enforcement systems.  

          8)Restricts local agencies to issuing only warning notices  
            during this 30-day period using the automated enforcement  
            system; specifically provides, however, that local public  
            agencies may use a manual system to issue citations, before,  
            during, and after the 30-day warning period.  

          9)Requires a designated local public agency employee, who is  
            qualified to issue parking citations for that agency, to  
            review digital photographs to determine the validity of a  
            parking citation.  

          10)Requires that digital image evidence 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 must be  
            destroyed.  

          11)Provides that digital photographs made by an automated  
            parking enforcement system are confidential and use of the  
            photographs is limited.  

          12)Requires a designated employee to issue a notice of a parking  
            violation to the registered owner of the vehicle within 15  
            days of the violation and prescribes specific data to be  
            included in the violation.  

          13)Sets forth provisions governing the processing of violations  
            and appeals.  

          14)Requires a local public agency that utilizes an automatic  
            parking enforcement system to report specific information to  
            the Senate and Assembly Judiciary Committees and the Assembly  
            Transportation Committee by January 1, 2015.  

          15)Sunsets on January 1, 2016.  









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           EXISTING LAW  authorizes the: 

          16)City and County of San Francisco, until January 1, 2012, to  
            issue citations based on photo-evidence of parking violations  
            in transit-only lanes.  

          17)Use of automated enforcement systems at rail or rail transit  
            signals and crossing gates.  

          18)Use of automated enforcement systems at intersections to  
            detect red light violations.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, the intent of this bill is  
          "to reduce the amount of dirt, oil, and debris being washed into  
          the storm drains, thereby having a positive environmental  
          impact."  

          The California Public Parking Association, sponsor of this bill,  
          suggests that by allowing automated parking enforcement systems  
          to be placed on street sweepers, this bill will effectively  
          complement the work of existing parking enforcement personnel  
          and help allocate scarce resources.  

          Currently, Chicago and the District of Columbia (Washington  
          D.C.) use the automated street sweeper system, which uses  
          photo-light sensing, character recognition, and global  
          positioning system technology to spot parking violators.  

          In California, use of similar automated enforcement technology  
          is authorized for red light violations by a governmental agency.  
           Last session, usage of this technology was also authorized on a  
          pilot project basis for the City and County of San Francisco  
          (San Francisco) to issue citations based on photo-evidence of  
          transit-only-lane parking violations.  The authority granted to  
          San Francisco was provided for in AB 101 (Ma), Chapter 377,  
          Statutes of 2008.  

          Provisions of this bill are similar to those in AB 101 and  
          identical to last year's AB 1336 (Eng) that passed the  
          Legislature but was vetoed by the Governor.  In his veto  
          message, the Governor wrote, "This bill could present a  
          significant risk of violating an individual's privacy unrelated  








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          to the enforcement of law.  It may also lead to the unwarranted  
          proliferation of camera enforcement in many other arenas."   
          Interestingly, subsequent to the Governor's veto of AB 1336 for  
          these reasons, the Governor introduced his budget proposal which  
          calls for the deployment of a massive statewide speed camera  
          program to generate nearly $400 million in net profit to state  
          and local government.  As proposed, the camera program is  
          expected to print over two million citations each year.  

          Previous legislation:  Last year's AB 1336 (Eng) was identical  
          to this bill.  

          AB 101 (Ma), Chapter 377, Statutes of 2008, authorized the City  
          and County of San Francisco to issue citations based on  
          photo-evidence of transit-only-lane parking violations.  

          SB 1136 (Kopp), Chapter 54, Statutes of 1998, extended  
          indefinitely provisions that allow the use of automated  
          enforcement systems at official traffic control signals.  

          SB 833 (Kopp), Chapter 922, Statutes of 1995, originally  
          authorized, for a limited time, the use of automated photo  
          enforcement for all places where a driver is required to respond  
          to an official traffic control signal (i.e. red light cameras).   



           Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093 


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