Senate BillNo. 1051


Introduced by Senator Hancock

February 16, 2016


An act to amend Sections 40240 and 40241 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1051, as introduced, Hancock. Vehicles: parking enforcement: video image evidence.

Existing law authorizes the City and County of San Francisco (San Francisco) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco to install automated forward facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law requires a designated employee, who is qualified by San Francisco, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing laws makes these video image records confidential, and provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Alameda-Contra Costa Transit District.

This bill would extend these provisions to the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only traffic through the use of video imaging evidence and to install automated forward facing parking control devices on district-owned public transit vehicles.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Alameda-Contra Costa Transit District.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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

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

P2    1

SECTION 1.  

Section 40240 of the Vehicle Code is amended
2to read:

3

40240.  

(a) The City and County of San Franciscobegin insert and the
4Alameda-Contra Costa Transit Districtend insert
may install automated
5forward facing parking control devices on city-ownedbegin insert or
6district-ownedend insert
public transit vehicles, as defined by Section 99211
7of the Public Utilities Code, for the purpose of video imaging of
8parking violations occurring in transit-only traffic lanes. Citations
9shall be issued only for violations captured during the posted hours
10of operation for a transit-only traffic lane. The devices shall be
11angled and focused so as to capture video images of parking
12violations and not unnecessarily capture identifying images of
13other drivers, vehicles, and pedestrians. The devices shall record
14the date and time of the violation at the same time as the video
15images are captured.

16(b) Prior to issuing notices of parking violations pursuant to
17subdivision (a) of Section 40241, the City and County of San
18Franciscobegin insert and the Alameda-Contra Costa Transit Districtend insert shall
19commence a program to issue only warning notices for 30 days.
20The City and County of San Franciscobegin insert and the Alameda-Contra
21Costa Transit Districtend insert
shall also make a public announcement of
22the program at least 30 days prior to commencement of issuing
23notices of parking violations.

24(c) A designated employee of the City and County of San
25begin delete Francisco,end deletebegin insert Francisco, or the Alameda-Contra Costa Transit
26District,end insert
who is qualified by the city and countybegin insert or the districtend insert to
P3    1issue parking citations, shall review video image recordings for
2the purpose of determining whether a parking violation occurred
3in a transit-only traffic lane. A violation of a statute, regulation,
4or ordinance governing vehicle parking under this code, under a
5federal or state statute or regulation, or under an ordinance enacted
6by the City and County of San Franciscobegin insert or the Alameda-Contra
7Costa Transit Districtend insert
occurring in a transit-only traffic lane
8observed by the designated employee in the recordings is subject
9to a civil penalty.

10(d) The registered owner shall be permitted to review the video
11image evidence of the alleged violation during normal business
12hours at no cost.

13(e) (1) Except as it may be included in court records described
14in Section 68152 of the Government Code, or as provided in
15paragraph (2), the video image evidence may be retained for up
16to six months from the date the information was first obtained, or
1760 days after final disposition of the citation, whichever date is
18later, after which time the information shall be destroyed.

19(2) Notwithstanding Section 26202.6 of the Government Code,
20video image evidence from forward facing automated enforcement
21devices that does not contain evidence of a parking violation
22occurring in a transit-only traffic lane shall be destroyed within
2315 days after the information was first obtained.

24(f) Notwithstanding Section 6253 of the Government Code, or
25any other provision of law, the video image records are
26confidential. Public agencies shall use and allow access to these
27records only for the purposes authorized by this article.

28(g) For purposes of this article, “local agency” means the City
29and County of Sanbegin delete Francisco.end deletebegin insert Francisco and the Alameda-Contra
30Costa Transit District.end insert

31(h) For purposes of this article, “transit-only traffic lane” means
32any designated transit-only lane on which use is restricted to mass
33transit vehicles, or other designated vehicles including taxis and
34vanpools, during posted times.

35

SEC. 2.  

Section 40241 of the Vehicle Code is amended to read:

36

40241.  

(a) A designated employee of the local agency shall
37issue a notice of a parking violation to the registered owner of a
38vehicle within 15 calendar days of the date of the violation. The
39notice of violation shall set forth the violation of a statute,
40regulation, or ordinance governing vehicle parking under this code,
P4    1under a federal or state statute or regulation, or under an ordinance
2enacted by the City and County of San Franciscobegin insert or the
3Alameda-Contra Costa Transit Districtend insert
occurring in a transit-only
4traffic lane, a statement indicating that payment is required within
521 calendar days from the date of citation issuance, and the
6procedure for the registered owner, lessee, or rentee to deposit the
7parking penalty or contest the citation pursuant to Section 40215.
8The notice of a parking violation shall also set forth the date, time,
9and location of the violation, the vehicle license number,
10registration expiration date if visible, the color of the vehicle, and,
11if possible, the make of the vehicle. The notice of parking violation,
12or copy of the notice, shall be considered a record kept in the
13ordinary course of business of the City and County of San
14Franciscobegin insert or the Alameda-Contra Costa Transit Districtend insert and shall
15be prima facie evidence of the facts contained in the notice. The
16City and County of San Franciscobegin insert or the Alameda-Contra Costa
17Transit Districtend insert
shall send information regarding the process for
18requesting review of the video image evidence along with the
19notice of parking violation.

20(b) The notice of parking violation shall be served by depositing
21the notice in the United States mail to the registered owner’s last
22known address listed with the Department of Motor Vehicles.
23Proof of mailing demonstrating that the notice of parking violation
24was mailed to that address shall be maintained by the local agency.
25If the registered owner, by appearance or by mail, makes payment
26to the processing agency or contests the violation within either 21
27calendar days from the date of mailing of the citation, or 14
28calendar days after the mailing of the notice of delinquent parking
29violation, the parking penalty shall consist solely of the amount
30of the original penalty.

31(c) If, within 21 days after the notice of parking violation is
32issued, the local agency determines that, in the interest of justice,
33the notice of parking violation should be canceled, the local agency
34shall cancel the notice of parking violation pursuant to subdivision
35(a) of Section 40215. The reason for the cancellation shall be set
36forth in writing.

37(d) Following an initial review by the local agency, and an
38administrative hearing, pursuant to Section 40215, a contestant
39may seek court review by filing an appeal pursuant to Section
4040230.

P5    1(e) The City and County of San Franciscobegin insert or the
2Alameda-Contra Costa Transit Districtend insert
may contract with a private
3vendor for the processing of notices of parking violations and
4notices of delinquent violations. The City and County of San
5Franciscobegin insert and the Alameda-Contra Costa Transit Districtend insert shall
6maintain overall control and supervision of the program.

7

SEC. 3.  

The Legislature finds and declares that a special law
8is necessary and that a general law cannot be made applicable
9within the meaning of Section 16 of Article IV of the California
10Constitution because of the unique circumstances relating to
11enforcing parking violations in transit-only traffic lanes in the
12Alameda-Contra Costa Transit District .

13

SEC. 4.  

The Legislature finds and declares that Section 1 of
14this act, which amends Section 40240 of the Vehicle Code, imposes
15a limitation on the public’s right of access to the meetings of public
16bodies or the writings of public officials and agencies within the
17meaning of Section 3 of Article I of the California Constitution.
18Pursuant to that constitutional provision, the Legislature makes
19the following findings to demonstrate the interest protected by this
20limitation and the need for protecting that interest:

21In order to protect the individual privacy rights of those
22individuals depicted in video camera footage relating to parking
23violations, it is necessary that this act limit the public’s right of
24access to the images captured by an automated parking control
25device installed on Alameda-Contra Costa Transit District-owned
26public transit vehicles.



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