Amended in Assembly June 14, 2016

Amended in Senate May 10, 2016

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, 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 wouldbegin delete extend these provisions to violations occurring at bus stops, as specified. The bill additionally wouldend delete 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 trafficbegin delete 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 deletebegin insert lanes on January 1, 2022.end 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.

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:

P2    1

SECTION 1.  

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

3

40240.  

(a) Subject to subdivision (g), the City and County of
4San Francisco and the Alameda-Contra Costa Transit District may
5install automated forward facing parking control devices on
6city-owned or district-owned public transit vehicles, as defined by
7Section 99211 of the Public Utilities Code, for the purpose of video
8imaging of parking violations occurring in transit-only trafficbegin delete lanes
9or at bus stops.end delete
begin insert lanes.end insert Citations shall be issued only for violations
10captured during the posted hours of operation for a transit-only
P3    1trafficbegin delete lane or at a bus stop.end deletebegin insert lane.end insert The devices shall be angled and
2focused so as to capture video images of parking violations and
3not unnecessarily capture identifying images of other drivers,
4vehicles, and pedestrians. The devices shall record the date and
5time of the violation at the same time as the video images are
6captured.

7(b) Prior to issuing notices of parking violations pursuant to
8subdivision (a) of Section 40241, the City and County of San
9Francisco and the Alameda-Contra Costa Transit District shall
10commence a program to issue only warning notices for 30 days.
11The City and County of San Francisco and the Alameda-Contra
12Costa Transit District shall also make a public announcement of
13the program at least 30 days prior to commencement of issuing
14notices of parking violations.

15(c) A designated employee of the City and County of San
16Francisco, or a contracted law enforcement agency for the
17Alameda-Contra Costa Transit District, who is qualified by the
18city and county or the district to issue parking citations, shall
19review video image recordings for the purpose of determining
20whether a parking violation occurred in a transit-only trafficbegin delete lane
21or at a bus stop.end delete
begin insert lane.end insert A violation of a statute, regulation, or
22ordinance governing vehicle parking under this code, under a
23federal or state statute or regulation, or under an ordinance enacted
24by the City and County of San Francisco or the Alameda-Contra
25Costa Transit District occurring in a transit-only traffic lanebegin delete or at
26a bus stopend delete
observed by the designated employee in the recordings
27is subject to a civil penalty.

28(d) The registered owner shall be permitted to review the video
29image evidence of the alleged violation during normal business
30hours at no cost.

31(e) (1) Except as it may be included in court records described
32in Section 68152 of the Government Code, or as provided in
33paragraph (2), the video image evidence may be retained for up
34to six months from the date the information was first obtained, or
3560 days after final disposition of the citation, whichever date is
36later, after which time the information shall be destroyed.

37(2) Notwithstanding Section 26202.6 of the Government Code,
38video image evidence from forward facing automated enforcement
39devices that does not contain evidence of a parking violation
P4    1occurring in a transit-only traffic lanebegin delete or at a bus stopend delete shall be
2destroyed within 15 days after the information was first obtained.

3(f) Notwithstanding Section 6253 of the Government Code, or
4any other law, the video image records are confidential. Public
5agencies shall use and allow access to these records only for the
6purposes authorized by this article.

begin delete

7(g) (1) The authority to implement an automated enforcement
8system to enforce parking violations occurring at bus stops pursuant
9to this section exists only until January 1, 2022.

end delete
begin delete

10(2)

end delete

11begin insert(g)end insert The authority for the Alameda-Contra Costa Transit District
12to implement an automated enforcement system to enforce
13violations occurring in transit-only traffic lanes exists only until
14January 1, 2022.

15(h) The following definitions shall apply for purposes of this
16article:

begin delete

17(1) “Bus stop” means a curb space authorized for the loading
18and unloading of passengers of a bus engaged as a common carrier
19in local transportation when indicated by a sign or red paint on the
20curb erected or painted by local authorities pursuant to an
21ordinance.

end delete
begin delete

22(2)

end delete

23begin insert(1)end insert “Local agency” means the City and County of San Francisco
24and the Alameda-Contra Costa Transit District.

begin delete

25(3)

end delete

26begin insert(2)end insert “Transit-only traffic lane” means any designated transit-only
27lane on which use is restricted to mass transit vehicles, or other
28designated vehicles including taxis and vanpools, during posted
29times.

30

SEC. 2.  

Section 40240.5 is added to the Vehicle Code, to read:

begin delete
31

40240.5.  

(a) If the City and County of San Francisco or the
32Alameda-Contra Costa Transit District implements an automated
33enforcement system to enforce parking violations occurring at bus
34stops pursuant to this article, the respective local agency shall
35submit to the transportation and judiciary committees of the
36Legislature an evaluation of the enforcement system’s
37effectiveness, impact on privacy, cost to implement, and generation
38of revenue, no later than January 1, 2021.

39(b)

end delete
P5    1begin insert

begin insert40240.5.end insert  

end insert

begin insert(a)end insert If the Alameda-Contra Costa Transit District
2implements an automated enforcement system to enforce violations
3occurring in transit-only traffic lanes pursuant to this article, the
4district shall provide to the transportation and judiciary committees
5of the Legislature an evaluation of the enforcement system’s
6effectiveness, impact on privacy, cost to implement, and generation
7of revenue, no later than January 1, 2021.

begin delete

8(c)

end delete

9begin insert(b)end insert (1) A report submitted pursuant to this section shall be
10submitted notwithstanding Section 10231.5 of the Government
11Code.

12(2) A report submitted pursuant to this section shall be submitted
13in compliance with Section 9795 of the Government Code.

14

SEC. 3.  

Section 40241 of the Vehicle Code is amended to read:

15

40241.  

(a) A designated employee of the local agency,
16including a contracted law enforcement agency for the
17Alameda-Contra Costa Transit District, shall issue a notice of a
18parking violation to the registered owner of a vehicle within 15
19calendar days of the date of the violation. The notice of violation
20shall set forth the violation of a statute, regulation, or ordinance
21governing vehicle parking under this code, under a federal or state
22statute or regulation, or under an ordinance enacted by the City
23and County of San Francisco or the Alameda-Contra Costa Transit
24District occurring in a transit-only traffic lanebegin delete or at a bus stop,end delete a
25statement indicating that payment is required within 21 calendar
26days from the date of citation issuance, and the procedure for the
27registered owner, lessee, or rentee to deposit the parking penalty
28or contest the citation pursuant to Section 40215. The notice of a
29parking violation shall also set forth the date, time, and location
30of the violation, the vehicle license number, registration expiration
31date if visible, the color of the vehicle, and, if possible, the make
32of the vehicle. The notice of parking violation, or copy of the
33notice, shall be considered a record kept in the ordinary course of
34business of the City and County of San Francisco or the
35Alameda-Contra Costa Transit District and shall be prima facie
36evidence of the facts contained in the notice. The City and County
37 of San Francisco or the Alameda-Contra Costa Transit District
38shall send information regarding the process for requesting review
39of the video image evidence along with the notice of parking
40violation.

P6    1(b) The notice of parking violation shall be served by depositing
2the notice in the United States mail to the registered owner’s last
3known address listed with the Department of Motor Vehicles.
4Proof of mailing demonstrating that the notice of parking violation
5was mailed to that address shall be maintained by the local agency.
6If the registered owner, by appearance or by mail, makes payment
7to the processing agency or contests the violation within either 21
8calendar days from the date of mailing of the citation, or 14
9calendar days after the mailing of the notice of delinquent parking
10violation, the parking penalty shall consist solely of the amount
11of the original penalty.

12(c) If, within 21 days after the notice of parking violation is
13issued, the local agency determines that, in the interest of justice,
14the notice of parking violation should be canceled, the local agency
15shall cancel the notice of parking violation pursuant to subdivision
16(a) of Section 40215. The reason for the cancellation shall be set
17forth in writing.

18(d) Following an initial review by the local agency, and an
19administrative hearing, pursuant to Section 40215, a contestant
20may seek court review by filing an appeal pursuant to Section
2140230.

22(e) The City and County of San Francisco or the contracted law
23enforcement agency for the Alameda-Contra Costa Transit District
24 may contract with a private vendor for the processing of notices
25of parking violations and notices of delinquent violations. The
26City and County of San Francisco and the Alameda-Contra Costa
27Transit District shall maintain overall control and supervision of
28the program.

29

SEC. 4.  

The Legislature finds and declares that a special law
30is necessary and that a general law cannot be made applicable
31within the meaning of Section 16 of Article IV of the California
32Constitution because of the unique circumstances relating to
33enforcing parking violations inbegin delete the City and County of San
34Francisco andend delete
the Alameda-Contra Costa Transit District.

35

SEC. 5.  

The Legislature finds and declares that Section 1 of
36this act, which amends Section 40240 of the Vehicle Code, imposes
37a limitation on the public’s right of access to the meetings of public
38bodies or the writings of public officials and agencies within the
39meaning of Section 3 of Article I of the California Constitution.
40Pursuant to that constitutional provision, the Legislature makes
P7    1the following findings to demonstrate the interest protected by this
2limitation and the need for protecting that interest:

3In order to protect the individual privacy rights of those
4individuals depicted in video camera footage relating to parking
5violations, it is necessary that this act limit the public’s right of
6access to the images captured by an automated parking control
7device installed onbegin delete City and County of San Francisco andend delete
8 Alameda-Contra Costa Transit District-owned public transit
9vehicles.



O

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