BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 986| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 986 Author: Hill (D), et al. Amended: 4/12/16 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 3/29/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SUBJECT: Vehicles: right turn violations SOURCE: Author DIGEST: This bill reduces the base fine for rolling right turn violations. ANALYSIS: Existing law: 1)Requires a driver to stop at a red light and prohibits the driver from proceeding until given an indication to do so. Failing to stop at a red light is a violation carrying a base fine of $100, as well as a violation point. Unless there is a sign prohibiting it, a driver may turn right at a red light after coming to a complete stop. A driver may also turn left from a one-way street onto another one-way street, after SB 986 Page 2 coming to a complete stop, during a red light. Stopping but then proceeding to make an unsafe turn - for example, by failing to yield to a pedestrian in the crosswalk - carries a $35 base fine and a violation point. 2)Provides that the state Judicial Council annually adopts a uniform traffic penalty schedule for all non-parking infractions outlined in the Vehicle Code. 3)Establishes the base fine for red-light violations at $100; due to additional surcharges, penalties, and assessments, a $100 base fine is equivalent to a total of $541. This bill provides that turning right on a red light, or turning left from a one-way street onto another one-way street without first coming to a complete stop, is a violation carrying a base fine of $35. Comments 1)Purpose. According to the author, the 1997 legislation increasing the base fine for red-light violations from $35 to $100 (see Related/Prior Legislation below) was targeted at straight-through and left-turn violations, which are the most dangerous violations at intersections. This issue has gained increased attention over the years with the proliferation of red-light cameras. In addition, red-light ticket fines have increased dramatically; in 1997, the total cost of a red-light violation was around $100, while now it exceeds $500. The author states that this amount is excessive for a "rolling right turn" on red, a maneuver that is not overtly dangerous. This bill reduces the base fine to $35, for a total of $289. The author cites Judicial Council data indicating that in many municipalities, the majority of red-light violation tickets are issued for right-turn violations. Additionally, a 2008 Los Angeles Times study revealed that 80% of red-light camera tickets are issued not to drivers running straight through intersections, but to drivers making rolling right turns. People making right turns are generally going at a low speed, and resulting accidents tend to be much less serious in nature. By reducing the base fine for rolling right turns, this bill helps ensure the penalty matches the offense. SB 986 Page 3 2)Violation points. DMV assigns violation points against an individual's driver's license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a "fix-it" ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. DMV may suspend an individual's driver's license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may request a DMV hearing to avoid a license suspension. Existing law assigns one violation point to red-light offenses; this bill does not change that provision. 3)What about pedestrian safety? Existing law requires a driver to yield to a pedestrian in a crosswalk or intersection. Existing law also requires a driver to come to a complete stop before making a turn on a red light. While this bill reduces the fine for a rolling right turn, it does not make a rolling right turn legal, nor does it affect the pedestrian right-of-way statute. 4)Another try. The author carried bills nearly identical to this one in 2010 and 2015 (see Related/Prior Legislation below); the first was vetoed by Governor Schwarzenegger, the second was held in the Senate Appropriations Committee. The veto message stated that "Modifying existing law to make red-light violations from a right turn less egregious sends the wrong message to the public that California is tolerant of these types of offenses. It is our responsibility to protect the motoring public and not increase the risk of traffic collisions." The author states that rolling right turns are far less serious than straight-through violations and therefore should carry lesser penalties. Related/Prior Legislation SB 681 (Hill, 2016) was virtually identical to this bill. The bill died in the Senate Appropriations Committee. AB 909 (Hill, 2010) would have reduced the base fine for "rolling right turn" violations back to $35. The bill was vetoed by Governor Schwarzenegger. SB 986 Page 4 AB 1191 (Shelley, Chapter 852, Statutes of 1997) increased the base fine for red-light signal violations from $35 to $100. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, unknown, significant loss of state and local penalty assessment revenues. 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 fine. Reducing the base fine for failure to stop before turning right on a red light, or turning left from a one-way street onto another one-way street, would result in the following reductions in fine and fee revenues for each conviction: 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) SUPPORT: (Verified5/27/16) SB 986 Page 5 AAA Northern California, Nevada, and Utah A New Way of Life Re-entry Project American Civil Liberties Union of California Automobile Club of Southern California California Association of Highway Patrolmen Legal Services for Prisoners with Children National Motorists Association Safer Streets L.A. Western States Trucking Association OPPOSITION: (Verified5/27/16) None received Prepared by:Erin Riches / T. & H. / (916) 651-4121 5/28/16 16:45:58 **** END ****