Amended in Senate April 6, 2016

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 amended, 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 tobegin insert violations occurring at bus stops, as specified. The bill additionally would extend the provisions toend insert the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only trafficbegin insert lanesend insert 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 thebegin insert City and County of San Francisco and theend insert 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 Francisco and the
4Alameda-Contra Costa Transit District may install automated
5forward facing parking control devices on city-owned or
6district-owned 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 trafficbegin delete lanes.end deletebegin insert lanes or
9at bus stops.end insert
Citations shall be issued only for violations captured
10during the posted hours of operation for a transit-only trafficbegin delete lane.end delete
11begin insert lane or at a bus stop.end insert The devices shall be angled and focused so
12as to capture video images of parking violations and not
13unnecessarily capture identifying images of other drivers, vehicles,
14and pedestrians. The devices shall record the date and time of the
15violation at the same time as the video images are captured.

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

P3    1(c) A designated employee of the City and County of San
2Francisco, orbegin insert a contracted law enforcement agency forend insert the
3Alameda-Contra Costa Transit District, who is qualified by the
4city and county or the district to issue parking citations, shall
5review video image recordings for the purpose of determining
6whether a parking violation occurred in a transit-only trafficbegin delete lane.end delete
7begin insert lane or at a bus stop.end insert A violation of a statute, regulation, or
8ordinance governing vehicle parking under this code, under a
9federal or state statute or regulation, or under an ordinance enacted
10by the City and County of San Francisco or the Alameda-Contra
11Costa Transit District occurring in a transit-only traffic lanebegin insert or at
12a bus stopend insert
observed by the designated employee in the recordings
13is subject to a civil penalty.

14(d) The registered owner shall be permitted to review the video
15image evidence of the alleged violation during normal business
16hours at no cost.

17(e) (1) Except as it may be included in court records described
18in Section 68152 of the Government Code, or as provided in
19paragraph (2), the video image evidence may be retained for up
20to six months from the date the information was first obtained, or
2160 days after final disposition of the citation, whichever date is
22later, after which time the information shall be destroyed.

23(2) Notwithstanding Section 26202.6 of the Government Code,
24video image evidence from forward facing automated enforcement
25devices that does not contain evidence of a parking violation
26occurring in a transit-only traffic lanebegin insert or at a bus stopend insert shall be
27destroyed within 15 days after the information was first obtained.

28(f) Notwithstanding Section 6253 of the Government Code, or
29any otherbegin delete provision ofend delete law, the video image records are
30confidential. Public agencies shall use and allow access to these
31records only for the purposes authorized by this article.

begin insert

32
(g) For purposes of this article, “bus stop” means a curb space
33authorized for the loading and unloading of passengers of a bus
34engaged as a common carrier in local transportation when
35indicated by a sign or red paint on the curb erected or painted by
36local authorities pursuant to an ordinance.

end insert
begin delete

37(g)

end delete

38begin insert(h)end insert For purposes of this article, “local agency” means the City
39and County of San Francisco and the Alameda-Contra Costa
40Transit District.

begin delete

P4    1(h)

end delete

2begin insert(i)end insert For purposes of this article, “transit-only traffic lane” means
3any designated transit-only lane on which use is restricted to mass
4transit vehicles, or other designated vehicles including taxis and
5vanpools, during posted times.

6

SEC. 2.  

Section 40241 of the Vehicle Code is amended to read:

7

40241.  

(a) A designated employee of the localbegin delete agencyend deletebegin insert agency,
8including a contracted law enforcement agency for the
9Alameda-Contra Costa Transit District,end insert
shall issue a notice of a
10parking violation to the registered owner of a vehicle within 15
11calendar days of the date of the violation. The notice of violation
12shall set forth the violation of a statute, regulation, or ordinance
13governing vehicle parking under this code, under a federal or state
14statute or regulation, or under an ordinance enacted by the City
15and County of San Francisco or the Alameda-Contra Costa Transit
16District occurring in a transit-only trafficbegin delete lane,end deletebegin insert lane or at a bus
17stop,end insert
a statement indicating that payment is required within 21
18calendar days from the date of citation issuance, and the procedure
19for the registered owner, lessee, or rentee to deposit the parking
20penalty or contest the citation pursuant to Section 40215. The
21notice of a parking violation shall also set forth the date, time, and
22location of the violation, the vehicle license number, registration
23expiration date if visible, the color of the vehicle, and, if possible,
24the make of the vehicle. The notice of parking violation, or copy
25of the notice, shall be considered a record kept in the ordinary
26course of business of the City and County of San Francisco or the
27Alameda-Contra Costa Transit District and shall be prima facie
28evidence of the facts contained in the notice. The City and County
29 of San Francisco or the Alameda-Contra Costa Transit District
30shall send information regarding the process for requesting review
31of the video image evidence along with the notice of parking
32violation.

33(b) The notice of parking violation shall be served by depositing
34the notice in the United States mail to the registered owner’s last
35known address listed with the Department of Motor Vehicles.
36Proof of mailing demonstrating that the notice of parking violation
37was mailed to that address shall be maintained by the local agency.
38If the registered owner, by appearance or by mail, makes payment
39to the processing agency or contests the violation within either 21
40calendar days from the date of mailing of the citation, or 14
P5    1calendar days after the mailing of the notice of delinquent parking
2violation, the parking penalty shall consist solely of the amount
3of the original penalty.

4(c) If, within 21 days after the notice of parking violation is
5issued, the local agency determines that, in the interest of justice,
6the notice of parking violation should be canceled, the local agency
7shall cancel the notice of parking violation pursuant to subdivision
8(a) of Section 40215. The reason for the cancellation shall be set
9forth in writing.

10(d) Following an initial review by the local agency, and an
11administrative hearing, pursuant to Section 40215, a contestant
12may seek court review by filing an appeal pursuant to Section
1340230.

14(e) The City and County of San Francisco or thebegin insert contracted law
15enforcement agency for the end insert
Alameda-Contra Costa Transit District
16may contract with a private vendor for the processing of notices
17of parking violations and notices of delinquent violations. The
18City and County of San Francisco and the Alameda-Contra Costa
19Transit District shall maintain overall control and supervision of
20the program.

21

SEC. 3.  

The Legislature finds and declares that a special law
22is necessary and that a general law cannot be made applicable
23within the meaning of Section 16 of Article IV of the California
24Constitution because of the unique circumstances relating to
25enforcing parking violationsbegin delete in transit-only traffic lanesend delete in thebegin insert City
26and County of San Francisco and theend insert
Alameda-Contra Costa
27Transit District.

28

SEC. 4.  

The Legislature finds and declares that Section 1 of
29this act, which amends Section 40240 of the Vehicle Code, imposes
30a limitation on the public’s right of access to the meetings of public
31bodies or the writings of public officials and agencies within the
32meaning of Section 3 of Article I of the California Constitution.
33Pursuant to that constitutional provision, the Legislature makes
34the following findings to demonstrate the interest protected by this
35limitation and the need for protecting that interest:

36In order to protect the individual privacy rights of those
37individuals depicted in video camera footage relating to parking
38violations, it is necessary that this act limit the public’s right of
39access to the images captured by an automated parking control
40device installed onbegin insert City and County of San Francisco andend insert
P6    1 Alameda-Contra Costa Transit District-owned public transit
2vehicles.



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