Amended in Senate March 26, 2015

Senate Bill No. 218

Introduced by Senator Huff

February 12, 2015

An act to amend begin delete Section 1659 end delete begin insert Sections 21, 385, and 21455.5 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 218, as amended, Huff. begin delete Vehicles. end delete begin insert Vehicles: Mountains Recreation and Conservation Authority: automated enforcement systems. end insert

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Existing law declares the Vehicle Code to be applicable and uniform throughout the state and in all counties and municipalities within the state, and prohibits a local authority, as defined, from enacting or enforcing an ordinance on matters covered by the Vehicle Code, unless expressly authorized by that code. Under existing law, this statement does not impair the authority of the Mountains Recreation and Conservation Authority (MRCA) to enforce an ordinance or resolution relating to the management of public lands within its jurisdiction.

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This bill would clarify that the MRCA may only enforce an ordinance or resolution relating to the management of public lands within its jurisdiction consistent with the prohibition described above. The bill would also expand the definition of a local authority to include the MRCA.

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Existing law authorizes a local governmental agency to equip a limit line, intersection, or other place where a driver is required to stop with an automated enforcement system, as defined, if the system meets certain requirements.

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This bill would prohibit a governmental agency or local authority from utilizing an automated traffic enforcement system at any place where traffic is regulated by a stop sign.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the MRCA.

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Existing law establishes the Department of Motor Vehicles, tasked with issuance and renewal of licenses to drivers. Existing law authorizes the department to establish a program of motor vehicle driver education and training, with the cooperation of schools, courts, and other interested persons.

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This bill would make technical, nonsubstantive changes to those provisions.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 21 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21.  

(a) Except as otherwise expressly provided, the provisions
of this code are applicable and uniform throughout the state and
in all counties and municipalities therein, and a local authority
shall not enact or enforce any ordinance or resolution on the matters
covered by this code, including ordinances or resolutions that
establish regulations or procedures for, or assess a fine, penalty,
assessment, or fee for a violation of, matters covered by this code,
unless expressly authorized by this code.

(b) To the extent permitted by current state law, this section
does not impair the current lawful authority of the Mountains
Recreation and Conservation Authority, a joint powers authority,
or any member agency constituted therein as of July 1, 2010, to
enforce an ordinance or resolution relating to the management of
public lands within its begin delete jurisdiction. end delete begin insert jurisdiction, consistent with
the prohibit ion described in subdivision (a). end insert

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begin insert SEC. 2. end insert   

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begin insert Section 385 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

385.  

“Local authorities” means the legislative body of every
county or municipality having authority to adopt local police
begin delete regulations. end delete begin insert regulations, and the Mountains Recreation and
Conservation Authority. end insert

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begin insert SEC. 3. end insert   

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begin insert Section 21455.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

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 posted within 200 feet of an
intersection where a system is operating that clearly indicate the
system’s presence and are visible to traffic approaching from all
directions in which the automated traffic enforcement system is
being utilized to issue citations. A governmental agency utilizing
such a system does not need to post signs visible to traffic
approaching the intersection from directions not subject to the
automated traffic enforcement system. Automated traffic
enforcement systems installed as of January 1, 2013, shall be
identified no later than January 1, 2014.

(2) Locates the system at an intersection and ensures that the
system meets the criteria specified in Section 21455.7.

(b) 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.

(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated traffic enforcement
system. A governmental agency that operates an automated traffic
enforcement system shall do all of the following:

(1) Develop uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establish procedures to ensure compliance with
those guidelines. For systems installed as of January 1, 2013, a
governmental agency that operates an automated traffic
enforcement system shall establish those guidelines by January 1,
2014.

(2) Perform administrative functions and day-to-day functions,
including, but not limited to, all of the following:

(A) Establishing guidelines for the selection of a location. Prior
to installing an automated traffic enforcement system after January
1, 2013, the governmental agency shall make and adopt a finding
of fact establishing that the system is needed at a specific location
for reasons related to safety.

(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 signal phases
and the timing thereof.

(F) 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 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) shall not be contracted out to the manufacturer or
supplier of the automated traffic enforcement system.

(e) The printed representation of computer-generated
information, video, or photographic images stored by an automated
traffic enforcement system does not constitute an out-of-court
hearsay statement by a declarant under Division 10 (commencing
with Section 1200) of the Evidence Code.

(f) (1) Notwithstanding Section 6253 of the Government Code,
or any other 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.

(g) Notwithstanding subdivision (f), 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.

(h) (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic 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.

(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.

(3) A governmental agency that proposes to install or operate
an automated traffic enforcement system shall not consider revenue
generation, beyond recovering its actual costs of operating the
system, as a factor when considering whether or not to install or
operate a system within its local jurisdiction.

(i) A manufacturer or supplier that operates an automated traffic
enforcement system pursuant to this section shall, in cooperation
with the governmental agency, submit an annual report to the
Judicial Council that includes, but is not limited to, all of the
following information if this information is in the possession of,
or readily available to, the manufacturer or supplier:

(1) The number of alleged violations captured by the systems
they operate.

(2) The number of citations issued by a law enforcement agency
based on information collected from the automated traffic
enforcement system.

(3) For citations identified in paragraph (2), the number of
violations that involved traveling straight through the intersection,
turning right, and turning left.

(4) The number and percentage of citations that are dismissed
by the court.

(5) The number of traffic collisions at each intersection that
occurred prior to, and after the installation of, the automated traffic
enforcement system.

(j) If a governmental agency utilizing an automated traffic
enforcement system has posted signs on or before January 1, 2013,
that met the requirements of paragraph (1) of subdivision (a) of
this section, as it read on January 1, 2012, the governmental agency
shall not remove those signs until signs are posted that meet the
requirements specified in this section, as it reads on January 1,
2013.

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(k) Notwithstanding any other law, a governmental agency or
local authority shall not utilize an automated traffic enforcement
system at any place where traffic is regulated by a stop sign.

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begin insert SEC. 4. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances present within
the Mountains Recreation and Conservation Authority.

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SECTION 1.  

Section 1659 of the Vehicle Code is amended to
read:

1659.  

The department may develop criteria, establish standards
for, and coordinate a program of motor vehicle driver education
and motor vehicle driver training for drivers whose licenses have
been suspended or revoked. The purpose of the program shall be
to promote safe driving. To carry out this purpose the department
may seek the advice or cooperation of the schools, courts, and
other interested persons.

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