BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 218            Hearing Date:    4/21/2015
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          |Author:   |Huff                                                  |
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          |Version:  |4/6/2015                                              |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Randy Chinn                                           |
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          SUBJECT:  Vehicles:  local authorities


            DIGEST:  This bill prohibits local agencies from using automated  
          traffic enforcement systems at stop signs.

          ANALYSIS:
          
          The Mountains Recreation and Conservation Authority (MRCA) is a  
          local government agency formed jointly by the Santa Monica  
          Mountains Conservancy, the Cornejo Recreation and Park District,  
          and the Rancho Simi Recreation and Park District to acquire,  
          develop, and conserve park and open-space lands with a special  
          emphasis on recreation and conservation projects; the protection  
          and conservation of watersheds; and the development of river  
          parkways.

          MRCA manages and provides ranger services to 69,000 acres of  
          public lands, including those owned by the Santa Monica  
          Mountains Conservancy.  Much of this land separates the San  
          Fernando Valley from the Los Angeles basin, making some of the  
          roads through these parks an alternative route for Los Angeles  
          commuters.  

          Unique among local government agencies, existing law grants MRCA  
          special authority to enforce an ordinance or resolution relating  
          to the management of public lands within its jurisdiction, which  
          it has used to support an automated traffic enforcement program  
          at seven stop signs in its parks.  Violations result in  
          administrative citations with fines equal to $100 for the first  







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          violation, $200 for a second violation within a year, and $500  
          for subsequent violations within the year. 

          This bill prohibits any local agency, including MRCA, from  
          utilizing an automated traffic enforcement system at stop signs.


          

          COMMENTS:

          1.Purpose.  The author is concerned that current law does not  
            authorize the use of an automated traffic enforcement system  
            at stop signs, and that a loophole has been exploited by MRCA  
            to erect stop sign cameras and generate significant revenues.   
            The author believes that operating this automated traffic  
            enforcement system outside the purview of the rules for use  
            established for all other automated traffic enforcement  
            systems, for which explicit operator limitations and public  
            protections have been enacted, exposes Californians to an  
            unnecessary lack of due process.

          2.MRCA's Automated Traffic Enforcement Program.  MRCA contends  
            that its automated traffic enforcement program is necessary to  
            protect the safety of park visitors.  They note that the park  
            roads are often narrow, may have obstructed sightlines and are  
            often shared by pedestrians using the park.  At least one of  
            the roads, as viewed on Google maps, looks like a paved fire  
            road with narrow shoulders and no sidewalk that would barely  
            fit two-way traffic.

            As described by MRCA, signs warn drivers of the use of  
            automated traffic enforcement systems at the entrance to the  
            parks, 50 feet before each stop sign where a camera is  
            deployed, and on the stop sign itself.  Video recordings are  
            automatically made of potential violators.  Those recordings  
            are examined by park rangers, who determine whether violations  
            have occurred.  Citations are accompanied by a picture of the  
            car and license plate with a link to the video recording of  
            the violation.  There is no video of the driver as the image  
            is taken from the rear.  The rangers are given discretion to  
            enforce the ordinance, though there appear to be no written  
            guidelines (e.g., is it a violation if a vehicle comes to a  
            complete stop three feet past the limit line?  If the vehicle  
            fails to come to a complete stop but slows to three miles per  








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            hour?).

            MRCA issues administrative citations, which means that the  
            violations do not count against an individual's driving  
            record.  Appeals of violations are handled internally, and  
            those appeals can be taken to the Superior Court.  In 2013,  
            24,356 tickets were issued.  Over the last three calendar  
            years the MRCA received about $1.5 million annually in gross  
            revenues from the program, which resulted in about $700,000 in  
            net revenue to MRCA.

          3.Why Here?  Supporters argue that some of the stop signs are  
            located in unreasonable or illogical places.  One stop sign,  
            while clearly marked, is set back 26 feet from the  
            intersection and crosswalk, according to a supporter.  Others  
            are located in parking lots.  These locations seem unusual.   
            Receiving a $100 citation for running a stop sign in a  
            near-empty parking lot would seem less than reasonable, doing  
            little for the safety of the public.  However, MRCA has  
            produced engineering studies validating the placement of these  
            stop signs.

          4.It Wasn't Me.  Supporters also argue that violations are  
            charged against the vehicle, not the driver, potentially  
            making the owner responsible for the actions of others.  MRCA  
            responds that the violations are administrative, not criminal,  
            and that they do not result in points against one's driving  
            record nor are they reflected in one's insurance record, much  
            like parking tickets. 

          5.Double referral.  This bill has been double-referred to the  
            Natural Resources and Water Committee.

          Related Legislation:
          
          None.

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


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 15, 2015.)
          








          SB 218 (Huff)                                       Page 4 of ?
          
          
            SUPPORT:  

          California Association of Highway Patrolmen
          National Motorists Association
          Peace Officers Research Association of California
          Safer Streets L.A.
          One individual

          OPPOSITION:

          Mountains Recreation and Conservation Authority

          
          

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