BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1362|
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                                 THIRD READING


          Bill No:  SB 1362
          Author:   Simitian (D), et al
          Amended:  5/25/10
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE :  7-0, 5/4/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe, Pavley,  
            Simitian
          NO VOTE RECORDED:  Harman, Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT :    Automated traffic enforcement systems

           SOURCE  :     Author


           DIGEST  :    This bill helps to ensure that red light camera  
          programs are designed to maximize traffic safety and are  
          implemented in a lawful and transparent manner.

           ANALYSIS  :    Existing law authorizes the use of automated  
          traffic enforcement systems at railroad crossings and  
          intersections to record violations of unlawful grade  
          crossings and red light running.

          Only a governmental agency, in cooperation with a law  
          enforcement agency, may operate an automated enforcement  
          system.  Under existing law, "operating" a system means  
          that a governmental agency does the following:

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          1. Develops uniform guidelines for screening and issuing  
             violations, processing and storing confidential  
             information, and selecting locations where automated  
             enforcements systems will be utilized.

          2. Establishes procedures to ensure compliance with those  
             guidelines.

          3. Certifies that the equipment is properly installed and  
             calibrated and is operating properly.

          4. Ensures that the equipment is regularly inspected.

          5. Inspects and maintains signs that warn drivers that an  
             automated enforcement system is in use.  These signs  
             must be visible to traffic approaching an intersection  
             where an automated enforcement system operates and  
             clearly identify the presence of the camera system at  
             that intersection.

          6. Oversees the establishment or change of signal phases  
             and timing.  The yellow light change interval must be  
             established in accordance with the Manual on Uniform  
             Traffic Control Devices, which is maintained by the  
             California Department of Transportation.

          7. Maintains controls necessary to assure that only those  
             citations that law enforcement personnel have reviewed  
             and approved are delivered to violators.

          A governmental agency may contract out its duties to  
          certify that the equipment is installed and operating  
          properly and to ensure that the equipment is regularly  
          inspected, provided the agency maintains overall control  
          and supervision of the system.

          Prior to entering into a contract with a vendor to  
          implement an automated enforcement system, the legislative  
          body of the local government (e.g., city council or county  
          board of supervisors) must conduct a public hearing on the  
          proposed use of the system.  A contract between a  
          governmental agency and a vendor of automated enforcement  
          equipment may not include a provision for payment to the  
          vendor based on the number of citations issued or the  

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          amount of revenue generated, unless the contract was  
          entered into prior to January 1, 2004.  

          Prior to issuing citations, an agency utilizing an  
          automated traffic enforcement system must make a public  
          announcement of the system and issue only warning notices  
          for 30 days. A peace officer or "qualified employee" of a  
          law enforcement agency reviews the photographs and issues  
          citations, as appropriate.  A citation involves a "notice  
          to appear," which must use a form approved by the Judicial  
          Council and contain particular information, including the  
          name and address of the registered owner of the vehicle  
          identified in the photograph, the license plate number of  
          the vehicle, the violation charged, and the time and place  
          when the person may appear in court.  A notice to appear  
          must be mailed within 15 days of the alleged violation to  
          the current address of the registered owner of the vehicle.

          Existing law contains several provisions regarding the  
          confidentiality of information collected for purposes of  
          issuing citations for violations captured by an automated  
          enforcement system.  Photographic records produced by  
          automated systems, as well as information obtained from the  
          Department of Motor Vehicles are confidential and may only  
          be used for traffic enforcement purposes.  This information  
          may be retained for up to six months from the date the  
          information was first obtained, or until final disposition  
          of the citation, whichever is later.  After that time, the  
          information is to be destroyed in a manner that preserves  
          the confidentiality of the person whose information had  
          been obtained.

          This bill:

          1. Clarifies that signs identifying an automated  
             enforcement system's presence be posted at each  
             intersection where a system is operating.

          2. Requires that a government agency base its guidelines  
             for selecting a location solely on safety and make the  
             guidelines available to the public, including posting  
             them on the government agency's Web site.

          3. Requires, prior to installing an automated traffic  

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             enforcement system, that a governmental agency collect  
             traffic collision data for the type of violation to be  
             photographed and requires at each location where a  
             system is to be installed that the traffic collision  
             data demonstrate a significant need for the infraction  
             upon which the citations will be based prior to  
             installing the system.

          4. Specifies the adoption of guidelines and collection of  
             data required by the bill do not apply to automated  
             enforcement systems installed prior to January 1, 2011.

          5. Prohibits contacting the registered owner of a vehicle  
             prior to issuing a notice to appear either directly or  
             indirectly in an effort to determine the identity of an  
             alleged automated traffic enforcement system violator  
             without making the registered owner aware, in a clear  
             and prominent fashion, that the registered owner is not  
             required to provide that information and that failure to  
             provide that information shall not result in any adverse  
             action.

          6. Provides that a citation issued by a government agency  
             is null and void if the entity fails to operate its  
             automated enforcement system in compliance with the law.

          7. Requires the dismissal of any citation if the court  
             finds that the governmental agency has failed to operate  
             the automated traffic enforcement system in compliance  
             with the provisions of law applicable to automated  
             traffic enforcement.  If a court finds that the  
             governmental agency has failed to operate the system  
             incompliance with applicable provisions of law, a law  
             enforcement agency is prohibited from issuing any  
             citations until the governmental agency demonstrates to  
             the satisfaction of the court that it is in full  
             compliance with all of the requirements applicable to  
             automated traffic enforcement.

          8. Prohibits a governmental agency that operates an  
             automated traffic enforcement system from considering  
             revenue generation as a factor when considering whether  
             or not to operate a system within its local  
             jurisdiction.

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          9. Requires the manufacturer or supplier that operates an  
             automated traffic enforcement system, in cooperation  
             with the governmental agency, to submit an annual report  
             to the Judicial Council that includes specified  
             information.

          10.Requires the notice to appear to include the following  
             information:

             A.    Methods by which the registered owner of the  
                vehicle or the alleged violator may view and  
                discuss with the issuing agency the evidence used  
                to substantiate the violation.

             B.    The contact information of the issuing agency.

             C.    Information which clearly and conspicuously  
                identifies the manufacturer or supplier of the  
                system.

          11.Authorizes the mailing of a courtesy notice or any other  
             notice other than a notice to appear by the issuing  
             agency to the registered owner or the alleged violator  
             prior to issuing a notice to appear.

          12.Prohibits a manufacturer or supplier of an automated  
             traffic enforcement system or the governmental agency  
             operating the system from altering the notice to appear  
             or any other form approved by the Judicial Council.  If  
             a form is found to have been altered, the citation based  
             on the altered form is to be dismissed.

           Comments
           
          In response to the author's annual "There Oughta Be A Law"  
          contest, one constituent, San Jose resident Vera Gil,  
          reported that she had been mis-identified three times by  
          red light cameras located in Southern California.  The  
          vehicle captured in the photograph was not hers, she was  
          not the driver identified in the photo, and she had not  
          traveled to Southern California where the violation was  
          recorded.  Because private companies are involved in the  
          issuance of tickets from automated enforcement systems, it  

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          sometimes took Ms. Gil many steps to demonstrate her  
          innocence.  By the red cameras located in Southern  
          California.  The vehicle captured in the photograph was not  
          hers, she was not the driver identified in the photo, and  
          she had not traveled to Southern California where the  
          violation was recorded.  Because private companies are  
          involved in the issuance of tickets from automated  
          enforcement systems, it sometimes took Ms. Gil many steps  
          to demonstrate her innocence.

          Ms. Gil's experience prompted the author's office to  
          investigate how red light camera programs were being  
          implemented around the state.

          Three red light camera vendors operate automated  
          enforcement programs in California:  Redflex, American  
          Traffic Solutions, and Affiliated Computer Systems.  Each  
          vendor has its own business model that it tailors to meet  
          the preferences and needs of the local agencies with which  
          it contracts.  As a result, there is tremendous variation  
          in how red light cameras programs are administered  
          throughout the state.  Examples of program elements that  
          may vary include whether the vendor or the law enforcement  
          agency screens incidents captured by the system, the  
          criteria used to screen incidents, what kinds of notices  
          are mailed to alleged violators, which entity mails the  
          notices, what information is included on the notice, and  
          how intersections are identified for use of automated  
          enforcement.  Even something as seemingly straightforward  
          as defining what constitutes a red light violation may vary  
          from jurisdiction to jurisdiction.

          In addition to the variation found in program  
          administration, there is not consistent agreement about  
          what current law actually requires to operate an automated  
          enforcement system.  Furthermore, the processes by which an  
          alleged violator may learn about and contest a citation are  
          sometimes unclear and, in certain cases, appear to be  
          misleading.  For example, sometimes the notice to appear  
          was modified, which current law requires to be on a form  
          approved by the Judicial Council, to serve purposes not  
          addressed by current law.  These modified forms appeared  
          official, but lacked the force of law.


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          The intent of this bill is to protect the rights of  
          Californians cited by automated enforcement systems.  In  
          doing so, it will require that local governments using red  
          light cameras establish policies and procedures that help  
          ensure citations are properly and appropriately issued and  
          improve the means by which a person may challenge citations  
          issued in error.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           OPPOSITION  :    (Verified  5/24/10)

          League of California Cities


          JJA:do  5/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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