CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1079Introduced by Senator PortantinoFebruary 15, 2022 An act to add Section 27150.4 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1079, as introduced, Portantino. Vehicles: sound-activated enforcement devices.Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize local jurisdictions to use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal limits described above.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of this act to authorize local jurisdictions to utilize sound-activated enforcement devices for the purpose of enforcing specified noise limits, in a manner that would ensure equity and the protection of privacy.SEC. 2. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 27150.4 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1079Introduced by Senator PortantinoFebruary 15, 2022 An act to add Section 27150.4 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1079, as introduced, Portantino. Vehicles: sound-activated enforcement devices.Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize local jurisdictions to use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal limits described above.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1079
Introduced by Senator PortantinoFebruary 15, 2022
Introduced by Senator Portantino
February 15, 2022
An act to add Section 27150.4 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1079, as introduced, Portantino. Vehicles: sound-activated enforcement devices.
Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize local jurisdictions to use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal limits described above.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.
This bill would authorize local jurisdictions to use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal limits described above.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of this act to authorize local jurisdictions to utilize sound-activated enforcement devices for the purpose of enforcing specified noise limits, in a manner that would ensure equity and the protection of privacy.SEC. 2. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 27150.4 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of this act to authorize local jurisdictions to utilize sound-activated enforcement devices for the purpose of enforcing specified noise limits, in a manner that would ensure equity and the protection of privacy.
SECTION 1. It is the intent of this act to authorize local jurisdictions to utilize sound-activated enforcement devices for the purpose of enforcing specified noise limits, in a manner that would ensure equity and the protection of privacy.
SECTION 1. It is the intent of this act to authorize local jurisdictions to utilize sound-activated enforcement devices for the purpose of enforcing specified noise limits, in a manner that would ensure equity and the protection of privacy.
### SECTION 1.
SEC. 2. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
SEC. 2. Section 27150.4 is added to the Vehicle Code, to read:
### SEC. 2.
27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
27150.4. (a) (1) A local jurisdiction may use sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151.
(2) A sound-activated enforcement device shall only capture images of the rear license plate of the vehicle.
(3) Sound-activated enforcement devices shall be distributed equally across a local jurisdiction and shall not be disproportionately placed in a single area or areas.
(4) Prior to reaching the sound-activated enforcement device, a sign shall be placed to notify motorists of the devices existence.
(b) (1) Prior to issuing a notice of violation under this section, a local jurisdiction utilizing a sound-activated enforcement device shall commence a program to issue only warning notices for 30 days.
(2) Owners of vehicles not in compliance after that 30-day period may face any applicable penalties under this code.
(3) A local jurisdiction shall consider a persons ability to pay the penalty and shall allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.
(c) Information collected and maintained by a local jurisdiction using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 27150.4 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 27150.4 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 27150.4 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 3.
To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.