Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2360

Introduced by Assembly Member Alejo

February 18, 2016

An act to amend Section 22454 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2360, as amended, Alejo. School buses: passing violations: automated video enforcement.

Existing law requires the driver of any vehicle, upon meeting or overtaking any schoolbus equipped with required signs that is stopped for the purpose of loading or unloading any schoolchildren and displaying a flashing red light signal and stop signal arm, if equipped with a stop signal arm, to bring the vehicle to a stop immediately before passing the schoolbus and to not proceed past the schoolbus until the flashing red light signal and stop signal arm cease operation. A violation of these provisions is a crime.

This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require the county to transfer to the school district, on a monthly basis, the base fines paid for violations of the provisions described above when the violation was captured by the automated schoolbus video enforcement system and the image or video was used to convict the offender. begin insert The bill would also authorize a school district to assess a $150 civil penalty for the conduct described above if (1) the conduct was captured by an automated schoolbus video enforcement system installed and operated by the school district and (2) the driver of the vehicle was not criminally prosecuted for the violation described above based on the same instance. The bill would require a school district that establishes a civil penalty program to issue nonbinding warning letters to drivers for the first 6 months and to establish administrative hearing procedures in accordance with due process. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions. The bill would require the Legislative Analyst’s Office to prepare and submit a report to the Legislature regarding the effect and efficacy of the various automated schoolbus video enforcement systems used by school districts on or before January 1, 2019, and every 2 years thereafter, as specified. end insert

By imposing additional duties on local governments, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

The people of the State of California do enact as follows:

SECTION 1.  

Section 22454 of the Vehicle Code is amended
to read:

22454.  

(a) The driver of any vehicle, upon meeting or
overtaking, from either direction, any schoolbus equipped with
signs as required in this code, that is stopped for the purpose of
loading or unloading any schoolchildren and displays a flashing
red light signal and stop signal arm, as defined in paragraph (4) of
subdivision (b) of Section 25257, if equipped with a stop signal
arm, visible from front or rear, shall bring the vehicle to a stop
immediately before passing the schoolbus and shall not proceed
past the schoolbus until the flashing red light signal and stop signal
arm, if equipped with a stop signal arm, cease operation.

(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.

(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.

(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report
the violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving record
of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.

(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those
letters in the exact form prepared by the Attorney General. The
Attorney General may charge a fee to any law enforcement agency
that requests a copy of the form letter to recover the costs of
preparing and providing that copy.

(d) (1) Notwithstanding subdivision (c), in addition to any other
monitoring devices lawfully authorized to be installed in or on a
schoolbus, a school district is authorized to install and operate an
automated schoolbus video enforcement system for the purpose
of enforcing violations of subdivision (a).

(2) For purposes of this section, an “automated schoolbus video
enforcement system” means a camera system that monitors and
records motor vehicles overtaking or passing a schoolbus when
the schoolbus is stopped and displaying a flashing red signal system
and a stop signal arm, if equipped with a stop signal arm.

(e) The county shall transfer, monthly, to the school district
whose schoolbus was involved in the violation, any base fine paid
for a violation of subdivision (a) when the violation was captured
by an automated schoolbus video enforcement system and the
image or video was used to convict the offender.

begin insert

(f) A school district may assess a civil penalty of one hundred
fifty dollars ($150) for conduct described in subdivision (a) if both
of the following apply:

end insert begin insert

(1) The conduct was captured by an automated schoolbus video
enforcement system installed and operated by the school district.

end insert begin insert

(2) The driver was not prosecuted for a criminal violation of
this section based on the same instance.

end insert begin insert

(g) A school district that chooses to establish a civil penalty
program pursuant to subdivision (f) shall issue nonbinding warning
letters to drivers for a violation of subdivision (a) for the first six
months of the program.

end insert begin insert

(h) (1) A school district that assesses civil penalties pursuant
to this section shall provide an administrative appeal process that
includes, at a minimum, notice provisions, a neutral hearing
officer, an opportunity to appeal a hearing officer’s decision to
the superior court, and any other procedures necessary for due
process.

end insert begin insert

(2) A contract described in paragraph (3) of subdivision (i)
shall contain provisions requiring the vendor to fund the costs of
the hearing officer for the procedures required by this subdivision.

end insert begin insert

(3) A person challenging the assessment of a civil penalty
pursuant to this section shall be provided access to the images or
data evidencing the person’s violation without charge.

end insert begin insert

(i) (1) A schoolbus equipped with an automated schoolbus video
enforcement system shall also be equipped with highly visible
signage on the rear of the schoolbus that reads as follows:

end insert
begin insert end insert
begin insert

“STOP WHEN LIGHTS ARE FLASHING - IT’S THE LAW”

end insert
begin insert end insert
begin insert

“VIDEO ENFORCED STOP”

end insert
begin insert end insert
begin insert

(2) The automated schoolbus video enforcement system shall
not activate until at least six seconds after the stop arm is deployed,
or if not equipped with a stop arm, at least six seconds after the
schoolbus has stopped and its red lights are flashing.

end insert begin insert

(3) A contract between the school district and a vendor to
provide administrative or other services for the automated
schoolbus video enforcement system, including, but not limited to,
processing or storing data collected by the system, providing notice
to persons subject to the civil penalty of the assessment, or
collecting payments for civil assessments, shall contain provisions
requiring the vendor to provide and install the signage required
by this subdivision at the vendor’s expense.

end insert begin insert

(j) Notwithstanding any other law, any information, image, or
other data captured or generated by the automated schoolbus
video enforcement system that is transmitted wirelessly is
confidential and shall be encrypted and, unless demanded by
subpoena, shall be available only to the school district, contractor,
law enforcement, or offender for purposes of appeal and enforcing
subdivisions (a) and (f). A school district shall not use an
automated schoolbus video enforcement system or use any
information, image, or other data captured or generated by the
automated schoolbus video enforcement system for any purpose
other than the purposes authorized by this section.

end insert begin insert

(k) (1) Notwithstanding Section 10231.5 of the Government
Code, the Legislative Analyst’s Office shall prepare and submit a
report to the Legislature on or before January 1, 2019, and every
two years thereafter, regarding the effect and efficacy of the
various schoolbus video enforcement systems used by school
districts in the state.

end insert begin insert

(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

end insert begin delete

(f)

end delete

begin insert (l) end insert  This section also applies to a roadway upon private property.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The Legislature finds and declares that Section 1 of
this act furthers, within the meaning of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it relates
to the right of public access to the meetings of local public bodies
or the writings of local public officials and local agencies.
Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution, the Legislature makes the following
findings: end insert

begin insert

Protecting the privacy of a person whose image is captured by
a schoolbus video enforcement system enhances public safety and
the protection of individual rights, thereby furthering the purposes
of Section 3 of Article I of the California Constitution.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.