BILL NUMBER: AB 398 CHAPTERED 10/04/01 CHAPTER 481 FILED WITH SECRETARY OF STATE OCTOBER 4, 2001 APPROVED BY GOVERNOR OCTOBER 3, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 PASSED THE SENATE SEPTEMBER 6, 2001 AMENDED IN SENATE AUGUST 30, 2001 AMENDED IN SENATE JUNE 26, 2001 AMENDED IN ASSEMBLY MAY 7, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Assembly Member Salinas FEBRUARY 20, 2001 An act to amend Section 97 of the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST AB 398, Salinas. 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. This bill would require the County of Monterey, in consultation with the California Highway Patrol, to develop a Safety Enhancement-Double Fine Zone pilot project that would be administered by the county for a designated portion of Monterey County Road 16 (Carmel Valley Road). The bill thereby would impose a state-mandated local program by establishing additional duties for the county. This bill would terminate the pilot project if the county fails to provide an evaluation to the department on or before October 1, 2002. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 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 intersection with the Cummings Skyway and the intersection with Route 80. (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, between the intersection with Boronda Road and the intersection with the San Benito-Monterey county line. (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, 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. (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 October 1, 2002. (B) If the county fails to submit the evaluation on or before October 1, 2002, 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.