BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 604
          Author:   Anderson (R)
          Amended:  5/15/13
          Vote:     21


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  8-0, 4/16/13  
           AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Roth, Wyland
          NO VOTE RECORDED:  Lara, Liu, Pavley
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8  
           

           SUBJECT  :    Vending in intersections

           SOURCE  :     Author


           DIGEST  :    This bill authorizes a city or county to enact an  
          ordinance to prohibit a person from soliciting, displaying,  
          selling, offering for sale, or otherwise vending or attempting  
          to vend any merchandise or service while being wholly or partly  
          within any center median that is within 300 feet of an  
          intersection controlled by a traffic control signal, except as  
          specified.

           ANALYSIS  :    Existing law makes it illegal for a person to vend  
          any merchandise or service in the right-of-way of any freeway,  
          ramp, or shoulder which lies within the right-of-way of the  
          freeway; within any roadway or shoulder within 500 feet of a  
          freeway ramp; and, on any sidewalk within 500 feet of a freeway  
          ramp when vending or attempting to vend to vehicular traffic.  A  
                                                                CONTINUED





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          first violation is an infraction.  A second or subsequent  
          violation is a misdemeanor.

          Existing law also allows law enforcement personnel,  
          firefighters, or other persons employed to protect the public  
          safety to solicit charitable contributions in the roadway from  
          passing motorists if the city or county has approved an  
          application from the charity.

          This bill:

          1.Authorizes a city or county to enact an ordinance to prohibit  
            a person from soliciting, displaying, selling, offering for  
            sale, or otherwise vending or attempting to vend any  
            merchandise or service while being wholly or partly within any  
            center median that is within 300 feet of an intersection  
            controlled by a traffic control signal.

          2.Exempts from the provisions of the bill charitable  
            solicitations collected by local public safety employees who  
            are soliciting solely in the area of the local agency, and the  
            charity files an application with the local jurisdiction.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/20/13)

          Association for Los Angeles Deputy Sheriffs 
          Association of Orange County Deputy Sheriffs 
          Bell Gardens Police Department 
          Brawley Police Department
          Buena Park Police Department 
          California Fraternal Order of Police
          California Police Chiefs Association
          California Police Chiefs Association
          Cathedral City Police Department 
          Chino Police Department
          City of Gilroy 
          City of La Mesa
          City of Wildomar 
          Concord Police Department 
          Desert Hot Springs
          El Monte Police Department 







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          Elk Grove Police Department 
          Farmersville Police Department 
          Fountain Valley Police Department 
          Gilroy Police Department
          Glendale Police Department 
          Hayward Police Department 
          Livermore Police Department
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Los Gatos Police Department 
          Mill Valley Police Department 
          Modesto Police Department 
          Monterey Police Department 
          Mountain View Police Department 
          Pacific Grove Police Department 
          Palm Springs Police Department 
          Pismo Beach Police Department 
          Placerville Police Department
          Riverside Sheriffs Association
          Rocklin Police Department 
          Sacramento County Deputy Sheriffs Association
          San Diego County Chiefs and Sheriffs Association
          Santa Ana Police Officers Association
          Sausalito Police Department
          Seaside Police Department 
          Signal Hill Police Department 
          Sonoma County Law Enforcement Chiefs Association
          South Gate Police Department 
          Stockton Police Department 
          Stockton Police Department 
          Watsonville Police Department 
          Westminster Police Department
          Woodland Police Department


           ARGUMENTS IN SUPPORT  :    According to the author:

               Vending to vehicular traffic is inherently dangerous, but  
               equally dangerous is crossing vehicular traffic lanes back  
               and forth to access the center median.

               In 2010, the most recent year the California Highway patrol  
               has data available; there were 363 fatal accidents where  







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               pedestrian violation was the main factor for the incident.   
               Additionally, there were 384 fatal incidents at  
               intersections that were controlled by a traffic control  
               signal. 
               These statistics prove that the roadway is a dangerous  
               place for pedestrians and that intersections even when a  
               traffic control device is present are inherently dangerous.  
                This bill is an attempt to make these areas safer for both  
               vehicular traffic and pedestrians.

               SB 604 will not only protect drivers from distractions it  
               will also protect those who are vending to traffic.  SB 604  
               would prohibit a person from soliciting, displaying,  
               selling, or otherwise vending while being within an  
               intersection controlled by a traffic control signal.  This  
               will lead to fewer pedestrian vs. vehicle accidents caused  
               by distracted drivers as they travel through busy  
               intersections.


          JA:ej  5/21/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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