BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1725 (Wagner) - Vehicles: automated traffic enforcement
systems
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|Version: March 7, 2016 |Policy Vote: T. & H. 11 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1725 would explicitly provide that a red light
violation at freeway or highway on ramps is included as a
general violation of traffic signals at a place other than an
intersection, as specified. The practical impact would be that
freeway on ramp metering light violations would be explicitly
subject to a $35 base fine, rather than a $100 base fine that
applies to general red light violations at an intersection.
Fiscal
Impact: Unknown, potentially significant loss of state and
local penalty assessment revenues, to the extent signal
violations at freeway on ramp meters are currently enforced as
red light violations at an intersection. As noted in the
background section below, many of the penalty assessments,
fines, and fees added onto the base fine for convictions of
traffic infractions are dependent upon the amount of the base
AB 1725 (Wagner) Page 1 of
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fine. To the extent a violation was previously enforced at the
higher base fine of $100, the bill would result in the following
reductions in fine and fee revenues for each conviction by
explicitly requiring a lower base fine of $35:
State Penalty Assessment: reduction of $60 per conviction.
(State Penalty Fund, distributed to nine other Special Funds,
and county General Fund)
County Penalty Assessment: reduction of $42 per conviction.
(various Special Funds)
Court Construction Penalty Assessment: reduction of $30 per
conviction. (various Special Funds supporting court
facilities)
Proposition 69 DNA Penalty Assessment: reduction of $6 per
conviction. (primarily state or local DNA Identification Fund)
DNA Identification Fund Penalty Assessment: reduction of $24
per conviction. (primarily state DNA Identification Fund)
Emergency Medical Services Penalty Assessment: reduction of
$12 per conviction. (primarily Maddy EMS Fund)
State Surcharge: reduction of $13 per conviction (state
General Fund)
Staff notes that there is no reliable data on the number of red
light violations at freeway on ramps that are currently enforced
as a red light violation at an intersection. If 0.5% of red
light convictions would be charged a lower base fine as a result
of this bill, there would be a total reduction of approximately
$300,000 in state and local penalty assessment revenues.
(General Fund, various Special Funds, and local funds)
Background: Existing law requires a driver to stop at an intersection when
faced with a steady red light or red arrow, and to remain
stopped until an indication to proceed is shown. Failure to
stop at a red light at an intersection is an infraction
punishable by a base fine of $100. When an official traffic
control device is erected and maintained at a place other than
an intersection, existing law requires a driver to stop at the
signal, crosswalk, sign, or limit line indicating where the stop
shall be made. A violation of this provision is an infraction
punishable by a base fine of "up to $100" (as a general
violation of the Vehicle Code), which Judicial Council has set
at $35.
In addition to base fines for traffic violations, existing law
imposes numerous additional penalty assessments, fees, and
AB 1725 (Wagner) Page 2 of
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surcharges for convictions of these infractions, all of which
significantly increase the total bail owed as a result of
violations. For example, the total bail on a violation with a
base fine of $35 is $238, and the total bail on a violation with
a base fine of $100 is $490 (not including fees associated with
traffic violator schools). Existing law specifies a complex
process for the distribution of fine and fee revenues to
numerous state and local funds. Some of these add-on fines and
fees were enacted to fund specific activities, such as emergency
medical services or DNA-related activities, while others support
general court operations, court facilities construction, or
state and local general funds.
The following assessments and fees are a flat charge per
conviction: a $4 Emergency Medical Air Transportation Penalty
Assessment; a $40 Court Operations Assessment; A $30 Conviction
Assessment Fee; and a $1 Night Court Fee. The following
charges, however, are dependent upon amount of the base fine:
- State Penalty Assessment: $10 for every $10 of a base fine*
- County Penalty Assessment: $7 for every $10 of a base fine*
- Court Construction Penalty Assessment: $5 for every $10 of a
base fine*
- Proposition 69 DNA Penalty Assessment: $1 for every $10 of a
base fine*
- DNA Identification Fund Penalty Assessment: $4 for every $10
of a base fine*
- Emergency Medical Services Penalty Assessment: $2 for every
$10 of a base fine*
- State Surcharge: 20% of a base fine
(* the base fines are rounded up to the next $10 increment for
purposes of calculating the assessment)
Proposed Law:
AB 1725 would explicitly provide that a red light violation at
freeway or highway on ramps is included as a general violation
of traffic control signals at a place other than an
intersection. A violation of this provision would be treated as
a general Vehicle Code violation, punishable as an infraction
subject to a base fine of $35.
AB 1725 (Wagner) Page 3 of
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Related
Legislation: SB 986 (Hill), which is currently pending in the
Assembly Appropriations Committee, would reduce the base fine
from $100 to $35 for turning right on a red light at an
intersection, or turning left from a one-way street onto another
one-way street, without coming to a complete stop.
AB 1191 (Shelley), Chap. 852/1997, increased the base fine for
red light signal violations from $35 to $100.
Staff
Comments: The author contends that violations at freeway on
ramp metering lights are currently being enforced as if they
were red light violations at an intersection, which has a base
fine of $100. This bill would ensure that a lower base fine of
$35 is charged for what the author considers to be a less
dangerous form of red light violation than running a red light
at an intersection.
The DMV reports the following conviction data on the number of
red light violations that were reported to them for assessment
of a violation point: 356,376 total convictions in 2014, and
304,970 total convictions in 2015. Staff notes that there is no
reliable data on the number of these violations that are a
result of a driver running a red light at a freeway on ramp. By
explicitly reducing the base fine for on ramp metering light
violations, this bill would result in an unknown reduction in
state and local penalty assessment revenues.
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