BILL NUMBER: SB 1051 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Hancock
FEBRUARY 16, 2016
An act to amend Sections 40240 and 40241 of
of, and to add Section 40240.5 to, 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. 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.
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.
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 Subject to subdivision
(g), 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 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.
(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.
(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.
(h) The following definitions shall apply for purposes of this
article:
(g) For purposes of this article, "bus
(1) "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.
(h) For purposes of this article, "local agency"
(2) "Local agency" means the City
and County of San Francisco and the Alameda-Contra Costa Transit
District.
(i) For purposes of this article, "transit-only traffic lane"
(3) "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 40240.5 is added to the
Vehicle Code , to read:
40240.5. (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.
SEC. 2. SEC. 3. 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.
SEC. 3. SEC. 4. 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.
SEC. 4. SEC. 5. 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.