Amended in Senate May 10, 2016

Amended in Senate April 6, 2016

Senate Bill No. 1051

Introduced by Senator Hancock

February 16, 2016

An act to amend Sections 40240 and 40241 begin delete of end delete begin insert of, and to add Section 40240.5 to, end insert 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. begin insert The bill would repeal the authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce violations occurring in transit-only traffic lanes and the authority for both the district and the City and County of San Francisco to implement an automated enforcement system to enforce parking violations occurring at bus stops on January 1, 2022. end insert

begin insert

This bill would require, under designated circumstances, the district and the City and County of San Francisco to submit to the transportation and judiciary committees of the Legislature evaluations of the automated enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021.

end insert

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)  begin delete The end delete begin insert Subject to subdivision (g), the end insert 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
or at bus stops. Citations shall be issued only for violations captured
during the posted hours of operation for a transit-only traffic 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
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 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.

begin insert

(g) (1) The authority to implement an automated enforcement
system to enforce parking violations occurring at bus stops
pursuant to this section exists only until January 1, 2022.

end insert begin insert

(2) The authority for the Alameda-Contra Costa Transit District
to implement an automated enforcement system to enforce
violations occurring in transit-only traffic lanes exists only until
January 1, 2022.

end insert begin insert

(h) The following definitions shall apply for purposes of this
article:

end insert begin delete

(g) For purposes of this article, “bus

end delete

begin insert (1) end insert begin insert   end insert begin insert “Bus end insert 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.

begin delete

(h) For purposes of this article, “local agency”

end delete

begin insert (2) end insert begin insert   end insert begin insert “Local agency” end insert means the City and County of San Francisco
and the Alameda-Contra Costa Transit District.

begin delete

(i) For purposes of this article, “transit-only traffic lane”

end delete

begin insert (3) end insert begin insert   end insert begin insert “Transit-only traffic lane” end insert 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 40240.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 40240.5. end insert   

(a) If the City and County of San Francisco or the
Alameda-Contra Costa Transit District implements an automated
enforcement system to enforce parking violations occurring at bus
stops pursuant to this article, the respective local agency shall
submit to the transportation and judiciary committees of the
Legislature an evaluation of the enforcement system’s effectiveness,
impact on privacy, cost to implement, and generation of revenue,
no later than January 1, 2021.

(b) If the Alameda-Contra Costa Transit District implements
an automated enforcement system to enforce violations occurring
in transit-only traffic lanes pursuant to this article, the district
shall provide to the transportation and judiciary committees of
the Legislature an evaluation of the enforcement system’s
effectiveness, impact on privacy, cost to implement, and generation
of revenue, no later than January 1, 2021.

(c) (1) A report submitted pursuant to this section shall be
submitted notwithstanding Section 10231.5 of the Government
Code.

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

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 40241 of the Vehicle Code is amended to read:

40241.  

(a) A designated employee of the local 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 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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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 the City and County of San
Francisco and the Alameda-Contra Costa Transit District.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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.