BILL NUMBER: AB 539 AMENDED
AMENDED IN SENATE JUNE 13, 2012
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY APRIL 5, 2011
INTRODUCED BY Assembly Member Williams
(Coauthor: Assembly Member Achadjian)
FEBRUARY 16, 2011
An act to
add Section 1463.21 to the Penal Code, and to
add Section 42000.2 to the Vehicle Code, relating to vehicles
amend Section 31490 of the Streets and Highways Code,
relating to transportation .
LEGISLATIVE COUNSEL'S DIGEST
AB 539, as amended, Williams. Vehicles: speeding: school
zones: penalties. Electronic toll collection systems:
Existing law authorizes the development and implementation of
various electronic bridge and highway toll collection mechanisms.
Existing law prohibits a transportation agency, as defined, from
selling or providing personally identifiable information of a person
obtained pursuant to the person's participation in an electronic toll
collection system or use of a toll facility that uses an electronic
toll collection system, subject to specified exceptions. Existing law
requires a transportation agency that uses an electronic toll
collection and storage of personally identifiable information in that
regard, to provide the policy to subscribers, and to post the policy
on its Internet Web site. Existing law permits a transportation
agency to share data collected via an electronic toll collection
system with another transportation agency solely to comply with
interoperablility specifications and standards for electronic toll
collection devices. Existing law also permits a transportation agency
to perform billing and other financial functions necessary to
operate and manage toll facilities.
This bill would permit a transportation agency or its designee to
share license plate and other specified data regarding a vehicle's
use of toll facilities with an entity operating a toll facility,
whether in the state or not, solely to comply with the above
specifications and standards.
This bill would also permit a transportation agency to perform
toll collection and violation enforcement functions required to
operate and manage toll facilities, whether in the state or not.
Existing law establishes the prima facie speed limit on various
roadways, including a 25 miles per hour speed limit when approaching
or passing a school building or grounds, contiguous to a highway and
posted with a standard "SCHOOL" warning sign, while children are
going to or leaving the school. Existing law authorizes a local
authority to lower the speed limit in a school zone in certain
circumstances including when a local authority determines upon the
basis of an engineering and traffic survey that the prima facie speed
limit of 25 miles per hour is more than is reasonable or safe. A
violation of the Vehicle Code is an infraction unless stated
otherwise. Existing law establishes a penalty structure for a person
convicted of an infraction that requires a fine of not more than $100
or $250 depending on the number of violations within a specified
This bill would authorize a local authority to adopt an ordinance
or resolution that doubles a base fine imposed upon a person who is
convicted of speeding in a school zone if certain conditions are met,
including the condition that the street on which the speeding
offense occurred is not one where the speed could have been reduced
because the maximum posted prima facie speed limit is greater than 30
miles per hour, as provided. The bill would provide that the
doubling of the base fine shall not result in the increase in any
associated and additional penalties, fines, fees, or assessments, as
provided by law. The bill would also provide that a local authority
that adopts an ordinance shall receive funds from a special account
in the county treasury for use for specified purposes, including
driver awareness educational programs. The money in the fund would
come from the enhanced portion of the fine imposed for speeding in
the specified school zone.
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 31490 of the Streets
and Highways Code is amended to read:
31490. (a) Except as otherwise provided in this section, a
transportation agency may not sell or otherwise provide to any other
person or entity personally identifiable information of any person
who subscribes to an electronic toll collection system or who uses a
toll bridge, toll lane, or toll highway that employs an electronic
toll collection system.
(b) A transportation agency that employs an electronic toll
collection and use of personally identifiable information and provide
manner that is conspicuous and meaningful, such as by providing a
copy to the subscriber with the transponder or other device used as
an electronic toll collection mechanism, or, if the system does not
use a mechanism, with the application materials. A transportation
Web site. For purposes of this subdivision, "conspicuously post" has
the same meaning as that term is defined in paragraphs (1) to (4),
inclusive, of subdivision (b) of Section 22577 of the Business and
Professions Code. The policy shall include, but need not be limited
to, a description of the following:
(1) The types of personally identifiable information that is
collected by the agency.
(2) The categories of third-party persons or entities with whom
the agency may share personally identifiable information.
(3) The process by which a transportation agency notifies
(5) The process by which a subscriber may review and request
changes to any of his or her personally identifiable information.
(c) A transportation agency may, within practical business and
cost constraints, store only personally identifiable information of a
person such as the account name, credit card number, billing
address, vehicle information, and other basic account information
required to perform account functions such as billing, account
settlement, or enforcement activities. All other information, on and
after July 1, 2011, shall be discarded no more than four years and
six months after the closure date of the billing cycle and the bill
has been paid and all toll violations, if applicable, have been
(d) On and after July 1, 2011, a transportation agency shall take
every effort, within practical business and cost constraints, to
purge the personal account information of an account that is closed
or terminated. In no case shall a transportation agency maintain
personal information more than four years and six months after the
date an account is closed or terminated.
(e) (1) A transportation agency may make personally identifiable
information of a person available to a law enforcement agency only
pursuant to a search warrant. Absent a provision in the search
warrant to the contrary, the law enforcement agency shall
immediately, but in any event within no more than five days, notify
the person that his or her records have been obtained and shall
provide the person with a copy of the search warrant and the identity
of the law enforcement agency or peace officer to whom the records
(2) This section does not prohibit a peace officer, as defined in
Section 830.1 or 830.2 of the Penal Code, when conducting a criminal
or traffic collision investigation, from obtaining personally
identifiable information of a person if the officer has good cause to
believe that a delay in obtaining this information by seeking a
search warrant would cause an adverse result, as defined in paragraph
(2) of subdivision (a) of Section 1524.2 of the Penal Code.
(f) This section does not prohibit a transportation agency in
subdivision (a) from providing aggregated traveler information
derived from collective data that relates to a group or category of
persons from which personally identifiable information has been
(g) This section does not prohibit a transportation agency from
providing the license plate number of an intermodal chassis to the
owner of the chassis for purposes of locating the driver of the
chassis in the event the driver fails to pay the toll.
(h) This section does not prohibit a transportation agency from
sharing license plate information and other data
regarding a vehicle's use of toll facilities with
another transportation agency any entity operating a
toll bridge, toll lane, or toll highway, whether in the state or not,
solely to comply with interoperability specifications and
standards adopted pursuant to Section 27565 regarding electronic toll
collection devices and technologies. A third-party vendor may not
use personally identifiable information obtained under this
subdivision for a purpose other than described in this subdivision.
(i) Subdivision (d) This section
shall not prohibit a transportation agency, or its designee, from
performing financial and accounting functions such as billing,
account settlement, toll collection, violation
enforcement, or other financial activities required to operate and
manage the toll facilities , whether in the state or
(j) This section does not prohibit a transportation agency from
communicating about products and services offered by itself, a
business partner, or the agency with which it contracts to
subscribers of the transportation agency through a contracted
third-party vendor using personally identifiable information limited
to the subscriber's name, address, and electronic mail address,
provided that, for customer agreements entered into on or after
January 1, 2011, the transportation agency has received the
subscriber's express written consent to receive the communications.
(k) A transportation agency may not use a nonsubscriber's
personally identifiable information obtained using an electronic toll
collection system to market products or services to that
nonsubscriber. This subdivision shall not apply to toll-related
products or services contained in a notice of toll evasion issued
pursuant to Section 23302 of the Vehicle Code.
(l) For purposes of this section, "transportation agency" means
the Department of Transportation, the Bay Area Toll Authority, any
entity operating a toll bridge, toll lane, or toll highway within the
state, or any entity under contract with any of the above entities.
(m) For purposes of this section, "electronic toll collection
system" is a system where a transponder, camera-based vehicle
identification system, or other electronic medium is used to deduct
payment of a toll from a subscriber's account or to establish an
obligation to pay a toll.
(n) For purposes of this section, "person" means any person who
subscribes to an electronic toll collection system or any person who
uses a toll bridge, toll lane, or toll road that employs an
electronic toll collection system.
(o) For purposes of this section, "personally identifiable
information" means any information that identifies or describes a
person including, but not limited to, travel pattern data, address,
telephone number, e-mail address, license plate number, photograph,
bank account information, or credit card number.
(p) (1) In addition to any other remedies provided by law, a
person whose personally identifiable information has been knowingly
sold or otherwise provided in violation of this section may bring an
action to recover either actual damages or two thousand five hundred
dollars ($2,500) for each individual violation, whichever is greater,
and may also recover reasonable costs and attorney's fees.
(2) A person whose personally identifiable information has been
knowingly sold or otherwise provided three or more times in violation
of this section may bring an action to recover either actual damages
or four thousand dollars ($4,000) for each individual violation,
whichever is greater, and may also recover reasonable costs and
(q) Nothing in subdivisions (c) and (d) shall preclude compliance
with a court order or settlement agreement that has been approved on
or before April 25, 2010.
(r) A transportation agency that employs an electronic toll
collection system may impose an administrative fee on persons who use
that system in an amount sufficient to cover the cost of
implementing this section.
SECTION 1. Section 1463.21 is added to the
Penal Code, to read:
1463.21. Notwithstanding Section 1463.001, out of the moneys
deposited with the county treasurer pursuant to Section 1463.001, the
enhanced portion of the fine imposed pursuant to Section 42000.2 of
the Vehicle Code shall be deposited in a special account in the
county treasury which shall be used exclusively to pay for the cost
of education, engineering, or enforcement administered by a local
authority that adopted an ordinance or resolution pursuant to Section
42000.2 of the Vehicle Code.
SEC. 2. Section 42000.2 is added to the Vehicle
Code, to read:
42000.2. (a) A local authority may adopt an ordinance or
resolution that doubles the base fine imposed on a person who is
convicted of speeding in a school zone, as defined in Section 40802,
if the following conditions are met:
(1) Children are present at the time the offense was committed.
(2) A sign was erected in the zone that provides notification to
the driver of the doubled base fine zone.
(3) The highway on which the offense occurred is not one for which
the speed limit could have been reduced by the local authority
pursuant to subdivision (b) of Section 22358.4 because the posted
speed limit does not meet the condition specified in subparagraph (B)
of paragraph (2) of that subdivision.
(b) Doubling of the base fine, pursuant to this section, shall not
result in the increase in any associated and additional penalties,
fines, fees, or assessments as provided by law.
(c) A local authority that adopts an ordinance or resolution
pursuant to this section shall receive funds from a special account
in the county treasury pursuant to Section 1463.21 of the Penal Code.
These funds shall be used for any of the following purposes:
(1) Educational programs meant to increase driver awareness of the
enhanced fine and the dangers associated with speeding in school
zones that are provided in a manner that recognizes the different
languages spoken within the community.
(2) Enforcement of the speed limit in a school zone.
(3) Engineering programs that enhance the safety of students
traveling to and from school on foot or bicycle.