INTRODUCED BY   Senator Harman

                        FEBRUARY 13, 2012

   An act to amend Section 21455.5 of the Vehicle Code, relating to


   SB 1071, as introduced, Harman. Vehicles: automated traffic
enforcement systems.
   Existing law authorizes the limitline, intersection, or other
places where a driver is required to stop to be equipped with an
automated enforcement system, as defined, if the system meets certain
requirements. Existing law authorizes a governmental agency to
contract out the operation of the system under certain circumstances,
except for specified activities.
   This bill would make technical, nonsubstantive changes to these
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   21455.5.  (a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop, may
be equipped with an automated  traffic  enforcement system
if the governmental agency utilizing the system meets all of the
following requirements:
   (1) Identifies the system by signs that clearly indicate the
system's presence and are visible to traffic approaching from all
directions, or posts signs at all major entrances to the city,
including, at a minimum, freeways, bridges, and state highway routes.

   (2) If it locates the system at an intersection, and ensures that
the system meets the criteria specified in Section 21455.7.
   (b) Prior to issuing citations under this section, a local
jurisdiction utilizing an automated traffic enforcement system shall
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.
   (c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated  traffic 
enforcement system. As used in this subdivision, "operate" includes
all of the following activities:
   (1) Developing uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establishing procedures to ensure compliance with
those guidelines.
   (2) Performing administrative functions and day-to-day functions,
including, but not limited to, all of the following:
   (A) Establishing guidelines for selection of location.
   (B) Ensuring that the equipment is regularly inspected.
   (C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
   (D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).
   (E) Overseeing the establishment or change of signal phases and
the timing thereof.
   (F) Maintaining controls necessary to assure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.
   (d) The activities listed in subdivision (c) that relate to the
operation of the system may be contracted out by the governmental
agency, if it maintains overall control and supervision of the
system. However, the activities listed in paragraph (1) of, and
subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision
(c) may not be contracted out to the manufacturer or supplier of the
automated  traffic  enforcement system.
   (e) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by an automated
 traffic  enforcement system shall be confidential, and
shall be made available only to governmental agencies and law
enforcement agencies and only for the purposes of this article.
   (2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential, and may not be used for any other purpose.
   (3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
   (f) Notwithstanding subdivision (e), 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.
   (g) (1) A contract between a governmental agency and a
manufacturer or supplier of automated  traffic  enforcement
equipment may not include provision for the payment or compensation
to the manufacturer or supplier based on the number of citations
generated, or as a percentage of the revenue generated, as a result
of the use of the equipment authorized under this section.
   (2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated  traffic enforcement equipment before January 1,
2004, unless that contract is renewed, extended, or amended on or
after January 1, 2004.