BILL NUMBER: SB 1051 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2016
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 to violations
occurring at bus stops, as specified. The bill additionally would
extend the provisions to the Alameda-Contra Costa Transit
District, thereby authorizing the district to enforce parking
violations in specified transit-only traffic lanes 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 City and County of
San Francisco and 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:
SECTION 1. Section 40240 of the Vehicle Code is amended to read:
40240. (a) The City and County of San Francisco and the
Alameda-Contra Costa Transit District may install automated forward
facing parking control devices on city-owned or district-owned public
transit vehicles, as defined by Section 99211 of the Public
Utilities Code, for the purpose of video imaging of parking
violations occurring in transit-only traffic lanes.
lanes or at bus stops. Citations shall be issued
only for violations captured during the posted hours of operation
for a transit-only traffic lane. lane or at a
bus stop. The devices shall be angled and focused so as to
capture video images of parking violations and not unnecessarily
capture identifying images of other drivers, vehicles, and
pedestrians. The devices shall record the date and time of the
violation at the same time as the video images are captured.
(b) Prior to issuing notices of parking violations pursuant to
subdivision (a) of Section 40241, the City and County of San
Francisco and the Alameda-Contra Costa Transit District shall
commence a program to issue only warning notices for 30 days. The
City and County of San Francisco and the Alameda-Contra Costa Transit
District shall also make a public announcement of the program at
least 30 days prior to commencement of issuing notices of parking
violations.
(c) A designated employee of the City and County of San Francisco,
or a contracted law enforcement agency for the
Alameda-Contra Costa Transit District, who is qualified by the city
and county or the district to issue parking citations, shall review
video image recordings for the purpose of determining whether a
parking violation occurred in a transit-only traffic lane.
lane or at a bus stop. A violation of a statute,
regulation, or ordinance governing vehicle parking under this code,
under a federal or state statute or regulation, or under an ordinance
enacted by the City and County of San Francisco or the
Alameda-Contra Costa Transit District occurring in a transit-only
traffic lane or at a bus stop observed by the designated
employee in the recordings is subject to a civil penalty.
(d) The registered owner shall be permitted to review the video
image evidence of the alleged violation during normal business hours
at no cost.
(e) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the video image evidence may 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 shall be destroyed.
(2) Notwithstanding Section 26202.6 of the Government Code, video
image evidence from forward facing automated enforcement devices that
does not contain evidence of a parking violation occurring in a
transit-only traffic lane or at a bus stop shall be
destroyed within 15 days after the information was first obtained.
(f) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, the video image records
are confidential. Public agencies shall use and allow access to these
records only for the purposes authorized by this article.
(g) For purposes of this article, "bus stop" means a curb space
authorized for the loading and unloading of passengers of a bus
engaged as a common carrier in local transportation when indicated by
a sign or red paint on the curb erected or painted by local
authorities pursuant to an ordinance.
(g)
(h) For purposes of this article, "local agency" means
the City and County of San Francisco and the Alameda-Contra Costa
Transit District.
(h)
(i) For purposes of this article, "transit-only traffic
lane" means any designated transit-only lane on which use is
restricted to mass transit vehicles, or other designated vehicles
including taxis and vanpools, during posted times.
SEC. 2. Section 40241 of the Vehicle Code is amended to read:
40241. (a) A designated employee of the local agency
agency, including a contracted law enforcement agency
for the Alameda-Contra Costa Transit District, shall issue a
notice of a parking violation to the registered owner of a vehicle
within 15 calendar days of the date of the violation. The notice of
violation shall set forth the violation of a statute, regulation, or
ordinance governing vehicle parking under this code, under a federal
or state statute or regulation, or under an ordinance enacted by the
City and County of San Francisco or the Alameda-Contra Costa Transit
District occurring in a transit-only traffic lane,
lane or at a bus stop, a statement indicating that
payment is required within 21 calendar days from the date of citation
issuance, and the procedure for the registered owner, lessee, or
rentee to deposit the parking penalty or contest the citation
pursuant to Section 40215. The notice of a parking violation shall
also set forth the date, time, and location of the violation, the
vehicle license number, registration expiration date if visible, the
color of the vehicle, and, if possible, the make of the vehicle. The
notice of parking violation, or copy of the notice, shall be
considered a record kept in the ordinary course of business of the
City and County of San Francisco or the Alameda-Contra Costa Transit
District and shall be prima facie evidence of the facts contained in
the notice. The City and County of San Francisco or the
Alameda-Contra Costa Transit District shall send information
regarding the process for requesting review of the video image
evidence along with the notice of parking violation.
(b) The notice of parking violation shall be served by depositing
the notice in the United States mail to the registered owner's last
known address listed with the Department of Motor Vehicles. Proof of
mailing demonstrating that the notice of parking violation was mailed
to that address shall be maintained by the local agency. If the
registered owner, by appearance or by mail, makes payment to the
processing agency or contests the violation within either 21 calendar
days from the date of mailing of the citation, or 14 calendar days
after the mailing of the notice of delinquent parking violation, the
parking penalty shall consist solely of the amount of the original
penalty.
(c) If, within 21 days after the notice of parking violation is
issued, the local agency determines that, in the interest of justice,
the notice of parking violation should be canceled, the local agency
shall cancel the notice of parking violation pursuant to subdivision
(a) of Section 40215. The reason for the cancellation shall be set
forth in writing.
(d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant may
seek court review by filing an appeal pursuant to Section 40230.
(e) The City and County of San Francisco or the contracted
law enforcement agency for the Alameda-Contra Costa Transit
District may contract with a private vendor for the processing of
notices of parking violations and notices of delinquent violations.
The City and County of San Francisco and the Alameda-Contra Costa
Transit District shall maintain overall control and supervision of
the program.
SEC. 3. 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 relating to enforcing parking
violations in transit-only traffic lanes in the
City and County of San Francisco and the Alameda-Contra
Costa Transit District.
SEC. 4. The Legislature finds and declares that Section 1 of this
act, which amends Section 40240 of the Vehicle Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to protect the individual privacy rights of those
individuals depicted in video camera footage relating to parking
violations, it is necessary that this act limit the public's right of
access to the images captured by an automated parking control device
installed on City and County of San Francisco and
Alameda-Contra Costa Transit District-owned public transit vehicles.