BILL NUMBER: SB 1349 CHAPTERED 09/05/02 CHAPTER 378 FILED WITH SECRETARY OF STATE SEPTEMBER 5, 2002 APPROVED BY GOVERNOR SEPTEMBER 4, 2002 PASSED THE SENATE AUGUST 20, 2002 PASSED THE ASSEMBLY AUGUST 19, 2002 AMENDED IN ASSEMBLY JUNE 25, 2002 AMENDED IN ASSEMBLY JUNE 11, 2002 AMENDED IN SENATE APRIL 1, 2002 INTRODUCED BY Senator Torlakson (Principal coauthor: Senator Chesbro) FEBRUARY 5, 2002 An act to amend Section 97 of the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 1349, Torlakson. Highways: Safety Enhancement-Double Fine Zones. (1) Existing law, until January 1, 2004, requires the Department of Transportation, in consultation with the Department of the California Highway Patrol, to develop specified pilot projects to designate and identify certain highway segments as "Safety Enhancement-Double Fine Zones" and impose increased fines for traffic violations occurring within these zones. Under existing law, a segment of State Highway 4 between the intersection with the Cummings Skyway and the intersection with Route 80 is designated for participation in the project. This bill would delete this particular segment of State Highway 4 from the project and would require the department to develop a pilot project for a designated segment of that same highway between the city limits of Brentwood and the Contra Costa-San Joaquin county line. The bill would also require the department to develop a pilot project for a designated segment of State Highway Route 101. (2) Existing law also requires the County of Monterey to submit to the Department of Transportation before October 1, 2002, an evaluation of a pilot project that includes a segment of Carmel Valley Road. This bill would extend the date required for the submission of that evaluation to January 1, 2004. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 97 of the Streets and Highways Code is amended to read: 97. (a) The department, in consultation with the Department of the California Highway Patrol, shall develop pilot projects in both northern and southern California. The portions of the highways involved in the projects shall be designated and identified as "Safety Enhancement-Double Fine Zones" and shall be in the following locations: (1) On Route 37, between the intersection with Route 121 and the intersection with Route 29. (2) On Route 4, between the city limits of Brentwood and the Contra Costa-San Joaquin county line. (3) On Route 74, at both of the following locations: (A) Between the intersection with Route 5 and the intersection with the Riverside-Orange county line. (B) Between the junction with Route 15 and the intersection with Seventh Street in the City of Perris. (4) On Route 46, between the intersection with Route 101 and the junction with Route 41. (5) On the Golden Gate Bridge. (6) On Route 12, between the intersection with Walters Road in the City of Suisun and the intersection with Lower Sacramento Road in the City of Lodi. (7) On Route 138, between the intersection with Avenue T and Pearblossom Highway and the intersection with Interstate Highway Route 15. (8) On Route 101, at both of the following locations: (A) Between the intersection with Boronda Road and the intersection with the San Benito-Monterey county line. (B) The five-mile segment between the Eureka Slough Bridge No. 4-22 to the Gannon Slough Bridge No. 4-24 in Arcata. (9) On Route 152, between the junction with Route 156 at the Don Pacheco "Y" and the intersection with Ferguson Road. (10) On Route 2, between the city limits of La Canada Flintridge and the intersection with Route 39. (b) (1) The department shall adopt rules and regulations prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within Safety Enhancement-Double Fine Zones. The rules and regulations adopted by the department shall include, but not be limited to, a requirement that Safety Enhancement-Double Fine Zones be identified with signs stating: "Special Safety Zone Begins Here" and "Special Safety Zone Ends Here." (2) The department or local authorities, with respect to highways under their respective jurisdictions, shall place and maintain the warning signs specified in paragraph (1) in areas designated under subdivision (a). (3) The department shall report to the Legislature on January 1, 2003, on the results of these pilot projects with the exception of those described in paragraph (2) of, and subparagraph (B) of paragraph (8) of, subdivision (a), including a determination of whether the projects were successful. In its report, the department shall update the January 1, 1998, report, and shall provide a detailed analysis on the impact of the pilot projects on highway safety, including, but not limited to, the number of accidents, traffic injuries, and fatalities in the project areas; and, in consultation with the Department of the California Highway Patrol, recommend specific criteria for designation of a highway as a Safety Enhancement-Double Fine Zone. A determination that the projects were successful shall be based upon a showing that a statistically significant decrease in the number of accidents, traffic injuries, and fatalities has occurred in the project areas. The department shall report to the Legislature on or before January 1, 2004, on the results of the pilot projects described in paragraph (2) of, and subparagraph (B) of paragraph (8) of, subdivision (a). (c) Designation of a highway as a Safety Enhancement-Double Fine Zone does not increase the civil liability of the state under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability. (d) (1) Only the base fine shall be enhanced pursuant to this section. (2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section. (e) The pilot projects specified in subdivision (a) shall not be elevated in priority for state funding purposes. (f) (1) Subject to paragraph (3), the County of Monterey, in consultation with the Department of the California Highway Patrol, shall establish and administer a Safety Enhancement-Double Fine Zone pilot project that meets all of the requirements of this section on County Road 16 (also known as Carmel Valley Road) between the junction with Route 1 and the junction with Camp Stefani Road. The county shall assume all responsibilities that would otherwise accrue to the department for the administration of a pilot project under this section and shall administer the pilot project in accordance with the rules and regulations adopted by the department for the administration of a Safety Enhancement-Double Fine Zone. (2) The county, in consultation with the California Highway Patrol, shall coordinate the evaluation of the Carmel Valley Road pilot project with the department to enable inclusion of that evaluation in the report submitted by the department to the Legislature under paragraph (3) of subdivision (b). (3) (A) The county shall submit the evaluation described in paragraph (2) to the department on or before January 1, 2004. (B) If the county fails to submit the evaluation on or before January 1, 2004, that failure shall result in the immediate termination of the Carmel Valley Road pilot project authorized in this subdivision. (g) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2004, deletes or extends that date.