BILL NUMBER: SB 667	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 10, 2001
	AMENDED IN SENATE  JUNE 4, 2001
	AMENDED IN SENATE  MAY 22, 2001
	AMENDED IN SENATE  MAY 3, 2001
	AMENDED IN SENATE  APRIL 26, 2001

INTRODUCED BY   Senator Peace

                        FEBRUARY 23, 2001

   An act to amend Section 21455.5 of, and to add Section 21455.7 to,
the Vehicle Code relating to traffic devices.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 667, as amended, Peace.   Automated enforcement system.
   (1) Existing law authorizes governmental agencies, in cooperation
with law enforcement agencies, to operate an automated enforcement
system.  Under existing law, an automated enforcement system is a
system that photographically records a driver's response to a rail or
rail transit signal or crossing gate, or both, or to an official
traffic control signal (stoplight) and is designed to obtain a clear
photograph of the vehicle's license plate and the driver of the
vehicle.
   This bill would require, at each intersection at which there is an
automated enforcement system in operation, the minimum yellow light
change intervals to be established in accordance with the Traffic
Manual of the Department of Transportation.  The establishment of
this requirement on agencies of local government would impose a
state-mandated local program.  
   (2) Existing law requires photographic records made by an
enforcement system to be confidential and made available only to
governmental agencies and law enforcement agencies for enforcement
purposes related to an automated enforcement system.
   This bill would also require any other public records necessary
for enforcement of an automated enforcement system to be
confidential.  
  (2)  
  (3)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21455.5 of the Vehicle Code is amended to read:

   21455.5.  (a) The limit line, the intersection, or other places
designated in Section 21455 where a driver is required to stop may be
equipped with an automated enforcement system if the system meets
both of the following requirements:  (1) the system is identified by
signs, clearly indicating the system's presence, visible to traffic
approaching from all directions, or if signs are posted at all major
entrances to the city, including, at a minimum, freeways, bridges,
and state highway routes, and (2) the system meets the criteria
specified in Section 21455.7.
   Any city utilizing an automated traffic enforcement system at
intersections shall, prior to issuing citations, commence a program
to issue only warning notices for 30 days.  The local jurisdiction
shall also make a public announcement of the automated traffic
enforcement system at least 30 days prior to the commencement of the
enforcement program.
   Only a governmental agency, in cooperation with a law enforcement
agency, may operate an automated enforcement system.
   (b) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, photographic records made by an automated
enforcement system  and any other public records necessary for
enforcement of this section  shall be confidential, and shall be
made available only to governmental agencies and law enforcement
agencies for the purposes of this article.
   (c) Notwithstanding subdivision (b), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
  SEC. 2.  Section 21455.7 is added to the Vehicle Code, to read:
   21455.7.  At each intersection at which there is an automated
enforcement system in operation, the minimum yellow light change
interval shall be established in accordance with the Traffic Manual
of the Department of Transportation.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.