BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1303 (Simitian) - Automated traffic enforcement systems.
Amended: As Introduced Policy Vote: T&H 8-0
Urgency: No Mandate: Yes
Hearing Date: April 30, 2012
Consultant: Mark McKenzie
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1303 would revise the requirements that local
jurisdictions must follow when installing and operating
automated traffic enforcement systems (red light cameras).
Fiscal Impact:
Likely minor one-time costs to Judicial Council to develop and
adopt courtesy notice forms, and minor ongoing costs to
compile and maintain reports received from operators of
automated traffic enforcement systems (Trial Court Trust
Fund).
Non-reimbursable local costs to post signage and develop
uniform guidelines and procedures by January 1, 2014.
Additional local costs related to the discretionary act of
installing future automated traffic enforcement systems.
Background: Existing law authorizes the use of automated traffic
enforcement systems at railroad crossings and intersections to
record violations of unlawful grade crossings and red light
running. Only a governmental agency, in cooperation with law
enforcement, may operate an automated enforcement system.
Existing law authorizes a governmental agency to contract out
its duties to certify that the equipment is installed and
operating properly and regularly inspected, provided the agency
maintains overall supervision and control of the system.
Existing law also prohibits a contract between a government
agency and an automated traffic enforcement system vendor that
provides compensation to the vendor based on the number of
citations issued or revenue generated by the system. This bill
is intended to improve accountability of local governments that
use red light camera systems, to ensure citations are properly
issued, and to improve the means for a person to challenge
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citations issued in error.
Proposed Law: SB 1303 would revise the requirements that local
jurisdictions and enforcement agencies must follow when
installing and operating automated traffic enforcement systems.
Specifically, this bill would:
Require signs to be posted within 200 feet of an intersection
where red light cameras are in use by January 1, 2014, as
specified, instead of allowing signs either at intersections
or at the entrances to the city.
Require a local agency to adopt a finding that the placement
of a red light camera is needed for reasons related to safety,
for cameras placed after January 1, 2013.
Require local agencies to develop uniform guidelines for
screening and issuing violations, for handling confidential
information, and for selecting locations for red light camera
use by January 1, 2014, for both existing and new cameras.
Prohibits the operator of a red light camera from considering
revenue generation, beyond actual cost recovery, when
considering whether to install a camera.
Require the submittal of an annual report to the Judicial
Council that includes specified violation data on red light
camera systems, including: the number of alleged violations
captured by the systems; the number of citations issued and
whether the violations involved vehicles turning right or left
or traveling through an intersection; the number and
percentage of citations dismissed, and the impact that a
camera has had on collisions.
Require Judicial Council to approve all forms for courtesy
notices and notices to appear.
Allow the issuing agency and the vendor to issue courtesy
notices to registered owners of vehicles or alleged violators
prior to issuing a citation, and requires courtesy notices
issued after January 1, 2014 to be on a form approved by
Judicial Council and to contain specified information.
Make other changes to ensure the processes for issuing and
contesting citations are consistent and transparent.
Related Legislation: SB 29 (Simitian) 2011, which is
substantially similar to this bill, was vetoed by the Governor
last year with the following message:
This bill standardizes rules for local governments to follow
when installing and maintaining red light cameras.
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This is something that can and should be overseen by local
elected officials.
Staff Comments: Judicial Council has not prepared a fiscal
impact estimate for this bill, but staff notes that information
provided to the Committee last year for SB 29 indicates that
one-time administrative costs to develop and adopt forms
required by this bill would be minor and absorbable.
Furthermore, any costs to receive reports on red light camera
use by local agencies would be absorbable.
A violation of the Vehicle Code is a crime. By changing the
requirements related to red light cameras, this bill creates a
state-mandated local program, but includes a standard "local
crime disclaimer" provision that indicates there is no state
obligation for reimbursement. Any other local costs resulting
from this bill are not reimbursable because the decision to
install or operate an automated traffic enforcement system is
discretionary.