BILL ANALYSIS
AB 1336
Page 1
GOVERNOR'S VETO
AB 1336 (Eng)
As Amended September 2, 2009
2/3 vote
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|ASSEMBLY: |44-24|(May 14, 2009) |SENATE: |21-18|(September 8, |
| | | | | |2009) |
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|ASSEMBLY: |50-28|(September 10, | | | |
| | |2009) | | | |
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Original Committee Reference: TRANS.
SUMMARY : Authorizes a local public agency to issue citations
based on photo-evidence of parking violations occurring in
street-sweeping parking lanes.
The Senate amendments :
1)Insert a sunset date of January 1, 2015 on the provisions of
this bill.
2)Require a local public agency that utilizes an automatic
parking enforcement system to collect data that documents the
number of citations issued, the number of violations contested
and subsequent disposition of the violation, an evaluation of
the overall effectiveness of the program and privacy
implications of the system and report the findings to the
Senate and Assembly Committees on Judiciary by January 1,
2014.
3)Clarify that a notice of a parking violation is to include a
copy of the digital image evidence.
4)Clarify that "digital images" or "image recordings" are to
mean "digital photographs."
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5)Clarify that street-sweeping parking violations for vehicles
parked during designated hours of operation in a
street-sweeping parking lane are the only violation that will
be photographed.
6)Specify that automated parking enforcement system equipment is
to capture digital photographs only when the occurrence of a
parking infraction is detected.
7)Requires that a local public agency utilizing this technology
is to make a public announcement of the automated parking
enforcement system at least 30 days prior to the issuance of
parking violations and can only issue warning notices during
this time period.
8)Make other technical, non-substantive changes.
EXISTING LAW :
1)Authorizes the City and County of San Francisco, until January
1, 2012, to enforce parking violations-only traffic lanes
through the use of video image evidence.
2)Provides that videotaped records are confidential, and that
public agencies shall use the records only for law enforcement
purposes or for purposes of this bill.
3)Describes the cameras authorized to be mounted on San
Francisco city-owned public transit vehicles as "automated
forwarding facing parking control devices" and only qualified
employees review the video recordings for determining possible
parking violations.
4)Requires that the notice of parking violation also include the
date, time, and location of the violation.
5)Restricts citations to be issued only for violations captured
during the posted hours of operation for a transit-only
traffic lane. Requires the devices to be angled and focused
so as to capture video images of parking violations and not
unnecessarily capture identifying images of other drivers,
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vehicles, and pedestrians.
6)Requires that proof of mailing to the address of the vehicle's
registered owner be maintained by the local agency and
establishes that additional fees, assessments, or charges
cannot be assessed if the registered owner declares, under
penalty of perjury, that the notice of parking violation was
not received.
7)Requires, prior to issuing notices of parking violations, the
City of San Francisco to issue only warning notices for 30
days. Requires public notification of the program 30 days
prior to implementation.
8)Requires that 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 to be destroyed within 15 days after the information is
first obtained.
9)Make findings and declarations that generally recognize that
this bill would impinge upon the privacy rights of individuals
depicted in the videotaped records.
10)Requires the City of San Francisco to provide an evaluation
of the pilot program to the Senate and Assembly Transportation
Committees by March 1, 2011.
11)Sunsets these provisions on January 1, 2012.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill "would not only be
beneficial to local government, since pollutants and trash being
cleaned from our streets has proven to be environmentally
effective, but it would provide local cities the flexibility to
more efficiently use scarce resources by allowing personnel that
previously enforced street cleaning violations to be possibly
AB 1336
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redirected to enforce other higher traffic priorities throughout
the city."
The author points out that there are "substantial environmental
benefits of routinely cleaning local streets and roads." A
recent District of Columbia Department of Public Works study
showed that an average of 10 pounds of oil and grease, three
pounds of nitrogen and phosphorus, and up to two pounds of heavy
metals are typically removed per mile swept of local streets and
roads through street sweeping. "Street sweeping is especially
critical in more urbanized areas with higher areas of paving,
since it is important to capture pollutants before they are made
soluble by rainwater."
In addition to the environmental benefits outlined by the
author, the California Public Parking Association, sponsor of
this bill, suggests that by allowing automated parking
enforcement systems to be placed on street sweepers, this bill
will effectively complement the work of existing parking
enforcement personnel and help allocate scarce resources.
In many cities parking enforcement personnel perform essential
public safety and traffic management responsibilities,
including, but not limited to, red zone violations, rush hour
restrictions, limited time parking, parking meter expiration, as
well as neighborhood issues including parked driveways.
In support, the City of San Diego asserts that automated parking
enforcement would "complement the work and responsibilities of
parking personnel, help focus resources for higher priority
parking violations and other more critical transportation
enforcement demands and minimize costs associated with storm
water treatment policies."
Currently, such cities as Chicago and the District of Columbia
(Washington D.C.) utilize the automated street sweeper system,
known as SweeperCam on local public agency-owned or operated
street sweepers. The system uses photo-light sensing, character
recognition and global positioning system (GPS) technology to
spot parking scofflaws and fix their locations.
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The City of Chicago approved an ordinance in 2008 and began
using the system on a limited number of street sweepers. The
District of Columbia (Washington D.C.) has used the automated
technology on two street sweepers on a trial basis. A larger
implementation of the system is expected later this year, once
personnel are trained and system glitches are fixed.
In California, use of similar automated enforcement technology
is authorizes for red light violations by a governmental agency.
Last year, usage of this technology was authorized on a pilot
project basis for the City and County of San Francisco (San
Francisco) to issue citations based on photo-evidence of
transit-only lane parking violations. The authority granted to
San Francisco was contained in AB 101 (Ma), Chapter 377,
Statutes of 2008.
The provisions of this bill are modeled and crafted similarly to
provisions contained in AB 101. It is important to note that
this bill, much like the bill that it is modeled after, places
safeguards to address privacy concerns.
This bill requires that digital image evidence from forward
facing automated enforcement devices that does not contain
evidence of a violation occurring in a street sweeping parking
lane to be destroyed within 15 days after the information is
first obtained.
Similar legislation: AB 101 (Ma), Chapter 377, Statutes of
2008, authorized the City and County of San Francisco to issue
citations based on photo-evidence of transit-only lane parking
violations.
SB 1136 (Kopp), Chapter 54, Statutes of 1998, repealed the
January 1, 1999, sunset date, and extended indefinitely
provisions which allow the use of automated enforcement systems
at official traffic control signals.
GOVERNOR'S VETO MESSAGE :
"This bill could present a significant risk of violating an
individual's privacy unrelated to the enforcement of law. It
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may also lead to the unwarranted proliferation of camera
enforcement in many other arenas."
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0003252