Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1287

Introduced by Assembly Member Chiu

February 27, 2015

An act to amend Section 70615 of the Government Code, to amend Section 10878 of the Revenue and Taxation Code, and to amend Sections 9800, 40240, and 40241 of, to amend the heading of Article 3.5 (commencing with Section 40240) of Chapter 1 of Division 17 of, to add Section 40244 to, and to repeal and add Sections 40242 and 40243 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1287, as amended, Chiu. Vehicles: parking begin insert and moving end insert violations: cameras.

Existing law, until January 1, 2016, authorizes the City and County of San Francisco (San Francisco) to install automated forward-facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law subjects a violation of a federal or state statute or regulation, or a San Francisco ordinance, governing parking that is observed in the recordings to a civil penalty.

This bill would instead authorize San Francisco to install forward-facing cameras to record parking violations and begin delete high-occupancy end delete begin insert exclusive or preferential transit-only end insert lane and intersection obstruction violations. The bill would require begin delete a high-occupancy end delete begin insert an exclusive or preferential transit-only end insert lane or intersection obstruction violation recorded pursuant to these provisions to be subject to a civil penalty not to exceed $100. The bill would delete the repeal date, thereby extending the operation of these provisions indefinitely.

This bill would, among other things, authorize an issuing agency to assess late payment fees, as specified, if payment of the civil penalty is not received within a specified time. The bill would require the Department of Motor Vehicles to refuse to renew the registration of a vehicle if, among other things, the owner or lessee has not paid the civil penalty and late payment fees, except if he or she pays at the time of application for renewal. The bill would require the department to remit all penalties and late payment fees collected, after deducting administrative fees, to San Francisco.

Existing law provides that payments for specified penalties, including penalties for offenses relating to the parking of a vehicle, required to register or transfer the registration of a vehicle, constitute a lien on the vehicle on which the payments are due or which was involved in the offenses, and on any other vehicle owned by the owner of that vehicle.

This bill would also include payments for penalties for begin delete high-occupancy end delete begin insert exclusive or preferential transit-only end insert lane and intersection obstruction violations issued pursuant to the above-mentioned provisions as constituting a lien on the specified vehicles.

Existing law transfers the responsibility and authority for the collection of specified delinquent amounts, including penalties for offenses relating to the standing or parking of a vehicle, from the department to the Franchise Tax Board.

This bill would also transfer to the board the responsibility and authority to collect penalties for offenses relating to begin delete a high-occupancy end delete begin insert end insert begin insert exclusive or preferential transit-only end insert lane or intersection obstruction violations issued pursuant to the above-mentioned provisions.

begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 70615 of the Government Code is
amended to read:

70615.  

The fee for filing any of the following appeals to the
superior court is twenty-five dollars ($25):

(a) An appeal of a local agency’s decision regarding an
administrative fine or penalty under Section 53069.4.

(b) An appeal under Section 40230 of the Vehicle Code of an
administrative agency’s decision regarding a parking violation or
a violation of Section begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 of
the Vehicle Code occurring in an exclusive or preferential
transit-only lane or Section end insert 22526 of the Vehicle Code pursuant
to Section 40240 of the Vehicle Code.

(c) An appeal under Section 99582 of the Public Utilities Code
of a hearing officer’s determination regarding an administrative
penalty for fare evasion or a passenger conduct violation.

SEC. 2.  

Section 10878 of the Revenue and Taxation Code is
amended to read:

10878.  

(a) Notwithstanding Sections 10877 and 10951, on
and after July 1, 1993, the responsibility and authority for the
collection of the following delinquent amounts, and any interest,
penalties, or service fees added thereto, shall be transferred from
the department to the Franchise Tax Board:

(1) Registration fees.

(2) Transfer fees.

(3) License fees.

(4) Use taxes.

(5) Penalties for offenses relating to the standing or parking of
a vehicle for which a notice of parking violation, or for a violation
of Section begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 of the Vehicle
Code occurring in an exclusive or preferential transit-only lane
or Section end insert 22526 of the Vehicle Code for which a notice issued
pursuant to Section 40241 of the Vehicle Code, has been served
on the owner, and any administrative service fee added to the
penalty.

(6) Any court-imposed fine or penalty assessment, and any
administrative service fee added thereto, that is subject to collection
by the department.

(b) Any reference in this part to the department in connection
with the duty to collect these amounts shall be deemed a reference
to the Franchise Tax Board.

(c) The amounts collected under subdivision (a) may be
collected in any manner authorized under the law as though they
were a tax imposed under Part 10 (commencing with Section
17001) that is final, including, but not limited to, issuance of an
order and levy under Article 4 (commencing with Section 706.070)
of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure in the manner provided for earnings withholding order
for taxes. Part 10 (commencing with Section 17001), 10.2
(commencing with Section 18401), or 10.7 (commencing with
Section 21001), or any other applicable law shall apply for this
purpose in the same manner and with the same force and effect as
if the language of Part 10, 10.2, or 10.7, or the other applicable
law is incorporated in full into this authority to collect these
amounts, except to the extent that the provision is either
inconsistent with the collection of these amounts or is not relevant
to the collection of these amounts.

(d) Even though the amounts authorized by this section are
collected as though they are taxes, amounts so received by the
Franchise Tax Board shall be deposited into an appropriate fund
or account upon agreement between the Franchise Tax Board and
the department. The amounts shall be distributed by the department
from the appropriate fund or account in accordance with the laws
providing for the deposits and distributions as though the moneys
were received by the department.

(e) For any collection action under this section, the Franchise
Tax Board may utilize the contract authorization, procedures, and
mechanisms available either with respect to the collection of taxes,
interest, additions to tax, and penalties pursuant to Section 18837
or 19376, or with respect to the collection of the delinquencies by
the department immediately prior to the time this section takes
effect.

(f) The Legislature finds that it is essential for fiscal purposes
that the program authorized by this section be expeditiously
implemented. Accordingly, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
shall not apply to any standard, criteria, procedure, determination,
rule, notice, or guideline established or issued by the Franchise
Tax Board in implementing and administering the program required
by this section.

(g) Any standard, criteria, procedure, determination, rule, notice,
or guideline, that is not subject to the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code pursuant to subdivision (f), shall be
approved by the Franchise Tax Board, itself.

(h) The Franchise Tax Board may enter into any agreements or
contracts necessary to implement and administer the provisions
of this section. The Franchise Tax Board in administering this
section may delegate collection activities to the department. Any
contracts may provide for payment of the contract on the basis of
a percentage of the amount of revenue realized as a result of the
contractor’s services under that contract. However, the Franchise
Tax Board, in administering this part, may not enter into contracts
with private collection agencies as authorized under Section 19377.

SEC. 3.  

Section 9800 of the Vehicle Code is amended to read:

9800.  

(a) Payments for any of the following, and any interest,
penalties, or service fees added thereto, required to register or
transfer the registration of a vehicle, constitute a lien on the vehicle
on which they are due or which was involved in the offense, and
on any other vehicle owned by the owner of that vehicle:

(1) Registration fees.

(2) Transfer fees.

(3) License fees.

(4) Use taxes.

(5) Penalties for offenses relating to the standing or parking of
a vehicle for which a notice of parking violation, or for a violation
of Section begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 end insert begin insert occurring in
an exclusive or preferential transit-only lane or Section end insert 22526 begin delete of
the Vehicle Code end delete for which a notice issued pursuant to Section
40241 begin delete of the Vehicle Code end delete , has been served on the owner, and any
administrative service fee added to the penalty.

(6) Any court-imposed fine or penalty assessment, and any
administrative service fee added thereto, which is subject to
collection by the department.

(b) Notwithstanding subdivision (a), if a person is cited for a
foreign registered auxiliary dolly, semitrailer, or trailer having
been operated without current year registration or valid California
permits or registration, an amount equal to the minimum
registration fees or transfer fees, and any penalty added thereto,
from the date they became due, shall, by election of the power unit
operator, constitute a lien upon the California registered power
unit that was pulling the dolly, semitrailer, or trailer. However,
this subdivision is not applicable if the citation is issued at a scale
operated by the Department of the California Highway Patrol and
registration for the vehicle can be issued there immediately upon
payment of the fees due.

(c) Every lien arising under this section expires three years from
the date the fee, tax, parking, or other penalty first became due
unless the lien is perfected pursuant to subdivision (d).

(d) A lien is perfected when a notice is mailed to the registered
and legal owners at the addresses shown in the department’s
records and the lien is recorded on the electronic vehicle
registration records of the department. A perfected lien shall expire
five years from the date of perfection.

(e) Employees and members of the Department of the California
Highway Patrol assigned to commercial vehicle scale facilities
may possess and sell trip permits approved by the Department of
Motor Vehicles.

SEC. 4.  

The heading of Article 3.5 (commencing with Section
40240) of Chapter 1 of Division 17 of the Vehicle Code is amended
to read:

 

Article 3.5.  Procedure for Recording Parking Violations and
Certain Moving Violations

 

SEC. 5.  

Section 40240 of the Vehicle Code is amended to read:

40240.  

(a) The City and County of San Francisco may install
forward-facing cameras on city-owned public transit vehicles that
are part of a public transportation system, as defined by Section
99211 of the Public Utilities Code, for the purpose of recording
parking violations and violations of begin delete Sections 21655.5, 21655.8,
and end delete begin insert Sections 21655.5 and 21655.8 occurring in an exclusive or
preferential transit-only lane and Section end insert 22526. The cameras
shall be angled and focused so as to record parking violations and
not unnecessarily capture identifying images of other drivers,
vehicles, and pedestrians. The cameras shall record the date and
time of the violation at the same time the violation is recorded.

(b) (1) A designated employee of the City and County of San
Francisco, who is qualified by the city and county to issue citations,
shall review the camera recordings for the purpose of determining
whether a parking violation or a violation of Section begin delete 21655.5,
21655.8, or end delete begin insert 21655.5 or 21655.8 occurring in an exclusive or
preferential transit-only lane or Section end insert 22526 occurred. A
violation of a statute, regulation, or ordinance governing vehicle
parking under this code, under a federal or state statute or
regulation, or under an ordinance enacted by the City and County
of San Francisco, or a violation of Section begin delete 21655.5, 21655.8, or end delete
begin insert 21655.5 or 21655.8 occurring in an exclusive or preferential
transit-only lane or Section end insert 22526, observed by the designated
employee in the recordings is subject to a civil penalty.

(2) Notwithstanding any other law, a violation of Section
begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 occurring in an exclusive
or preferential transit-only lane or Section end insert 22526 that is recorded
pursuant to this section shall be subject to a civil penalty that shall
not exceed one hundred dollars ($100), which shall be remitted to
the City and County of San Francisco.

(c) The registered owner, or an 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 recorded
evidence of the alleged violation during normal business hours at
no cost.

(d) (1) Except as it may be included in court records described
in Section 68152 of the Government Code, or as provided in
paragraph (2), the recorded evidence may be retained for up to six
months from the date the information was first obtained, or 60
days after final disposition of the citation, whichever date is later,
after which time the information shall be destroyed.

(2) Notwithstanding Section 26202.6 of the Government Code,
recorded evidence from forward-facing cameras that does not
contain evidence of a parking violation or a violation of Section
begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 occurring in an exclusive
or preferential transit-only lane or Section end insert 22526 shall be
destroyed within 15 days after the information was first obtained.

(e) Notwithstanding Section 6253 of the Government Code, or
any other law, the camera recordings are confidential. Public
agencies shall use and allow access to these records only for the
purposes authorized by this article.

(f) For purposes of this article, “local agency” means the City
and County of San Francisco.

SEC. 6.  

Section 40241 of the Vehicle Code is amended to read:

40241.  

(a) A designated employee of the local agency shall
issue a notice of violation to the registered owner of a vehicle
within 15 calendar days of the date of the violation. The notice of
violation shall set forth the violation of a statute, regulation, or
ordinance governing vehicle parking under this code, under a
federal or state statute or regulation, or under an ordinance enacted
by the City and County of San Francisco, or a violation of Section
begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8 occurring in an exclusive
or preferential transit-only lane or Section end insert 22526, a statement
indicating that payment is required within 21 calendar days from
the date of citation issuance, and the procedure for the registered
owner, lessee, or rentee to deposit the penalty or contest the citation
pursuant to Section 40215. The notice of violation shall also set
forth the date, time, and location of the violation, the vehicle license
number, registration expiration date if visible, the color of the
vehicle, and, if possible, the make of the vehicle. The notice of
violation, or copy of the notice, shall be considered a record kept
in the ordinary course of business of the City and County of San
Francisco and shall be prima facie evidence of the facts contained
in the notice. The City and County of San Francisco shall send
information regarding the process for requesting review of the
recorded evidence along with the notice of violation.

(b) The notice of violation shall be served by depositing the
notice in the United States mail to the registered owner’s last
known address listed with the Department of Motor Vehicles.
Proof of mailing demonstrating that the notice of violation was
mailed to that address shall be maintained by the local agency. If
the registered owner, by appearance or by mail, makes payment
to the processing agency or contests the violation within either 21
calendar days from the date of mailing of the citation, or 14
calendar days after the mailing of the notice of delinquent violation,
the penalty shall consist solely of the amount of the original
penalty.

(c) If, within 21 days after the notice of violation is issued, the
local agency determines that, in the interest of justice, the notice
of violation should be canceled, the local agency shall cancel the
notice of violation pursuant to subdivision (a) of Section 40215.
The reason for the cancellation shall be set forth in writing.

(d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant
may seek court review by filing an appeal of a parking violation
or a violation of Section begin delete 21655.5, 21655.8, or end delete begin insert 21655.5 or 21655.8
occurring in an exclusive or preferential transit-only lane or
Section end insert 22526 following the procedures for appeals of parking
violations set forth in Section 40230.

(e) The City and County of San Francisco may contract with a
private vendor for the processing of notices of violations and
notices of delinquent violations. The City and County of San
Francisco shall maintain overall control and supervision of the
program.

SEC. 7.  

Section 40242 of the Vehicle Code is repealed.

SEC. 8.  

Section 40242 is added to the Vehicle Code, to read:

40242.  

(a) If payment of the penalty is not received by the
person authorized to receive a deposit of the penalty by the time
and date fixed on the notice of violation under Section 40241, the
issuing agency may assess late payment fees in an amount as
determined by the issuing agency, and shall serve or mail to the
registered owner a notice of delinquent violation.

(b) Delivery of a notice of delinquent violation under this section
may be made by personal service or by first-class mail addressed
to the registered owner.

(c) The notice of delinquent violation shall contain a notice to
the registered owner that, unless the registered owner pays the
penalty or contests the notice within 15 days after mailing of the
notice of delinquent violation, the renewal of the vehicle
registration shall be contingent upon compliance with the notice
of delinquent violation. If the registered owner, by appearance or
by mail, makes payment to the issuing agency within 15 days of
the mailing of the notice of delinquent violation, the penalty shall
consist of the amount of the original penalty and any late payment
fees.

SEC. 9.  

Section 40243 of the Vehicle Code is repealed.

SEC. 10.  

Section 40243 is added to the Vehicle Code, to read:

40243.  

(a) (1) Except as provided in subdivisions (b) and (d),
the department shall refuse to renew the registration of a vehicle
if the registered owner or lessee has been mailed a notice of
delinquent violation, the processing agency has filed or
electronically transmitted to the department an itemization of
unpaid violation penalties, including late payment fees, and the
owner or lessee has not paid the violation penalty and late payment
fees, unless he or she pays to the department, at the time of
application for renewal, the full amount of all outstanding penalties,
late payment fees, and any administrative fee assessed by the
department pursuant to subdivision (b) of Section 40244, as shown
by records of the department.

(2) When the department receives the full amount of all
outstanding violation penalties, late payment fees, and
administrative fees pursuant to paragraph (1), the department shall
issue a receipt showing each penalty, late payment fee, and
administrative fee that has been paid, the processing agency for
those penalties and fees, and a description of the vehicle involved
in the violations.

(b) The department shall not refuse to renew the registration of
a vehicle if the applicant provides the department with the abstract
or notice of disposition of violation issued pursuant to subdivision
(c) for clearing all outstanding penalties, late payment fees, and
administrative fees as shown by the records of the department.

(c) The court or designated processing agency shall issue an
abstract or notice of disposition of violation to the registered owner
of a vehicle issued a notice of delinquent violation if the registered
owner provides the court or processing agency with the name,
address, and driver’s license number of the rentee or lessee at the
time of occurrence of the violation, and adequate proof that the
renter or lessee had possession of the vehicle at the date and time
of the violation.

(d) The department shall not refuse to renew the registration of
a vehicle if the violation was issued prior to the registered owner
taking possession of the vehicle.

SEC. 11.  

Section 40244 is added to the Vehicle Code, to read:

40244.  

(a) The department shall remit all penalties and late
payment fees collected, after deducting the administrative fee
authorized in subdivision (b), for each notice of delinquent
violation for which penalties and late payment fees have been
collected, to the City and County of San Francisco in the amount
due. Within 45 days from the time penalties are recorded by the
department, the department shall inform the City and County of
San Francisco which of its notices of delinquent violation have
been discharged.

(b) The department shall assess a fee for recording the notice
of delinquent violation in an amount, as determined by the
department, that is no more than the amount sufficient to cover its
actual administrative costs.

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begin insert SEC. 12. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances relating to
parking and moving violations recorded by cameras on city-owned
public transit vehicles in the City and County of San Francisco.

end insert