BILL NUMBER: SB 155 CHAPTERED 07/26/99 CHAPTER 169 FILED WITH SECRETARY OF STATE JULY 26, 1999 APPROVED BY GOVERNOR JULY 23, 1999 PASSED THE SENATE JULY 15, 1999 PASSED THE ASSEMBLY JULY 1, 1999 AMENDED IN ASSEMBLY JUNE 29, 1999 AMENDED IN ASSEMBLY JUNE 1, 1999 AMENDED IN SENATE APRIL 6, 1999 AMENDED IN SENATE MARCH 9, 1999 INTRODUCED BY Senator Knight and Assembly Member Frusetta (Principal coauthor: Senator McPherson) (Principal coauthor: Assembly Member Wiggins) (Coauthor: Senator O'Connell) (Coauthors: Assembly Members Maldonado, Runner, and Thomson) JANUARY 7, 1999 An act to amend Section 97 of the Streets and Highways Code, and to amend Section 42010 of the Vehicle Code, relating to highways, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 155, Knight. Highways: Safety Enhancement-Double Fine Zones. (1) Existing law, until January 1, 2000, requires the Department of Transportation, in consultation with the Department of the California Highway Patrol, to develop specified pilot projects to designate and identify certain highway segments as "Safety Enhancement-Double Fine Zones" and impose increased fines for traffic violations occurring within these zones. Existing law requires the department to report to the Legislature on January 1, 1998, on the results of these pilot projects and requires the department or local authorities, with respect to highways under their respective jurisdictions, to place and maintain certain warning signs in the designated zones. This bill would extend the dates specified above to January 1, 2004, as to the specified pilot projects and to January 1, 2003, as to the date of the report, and would require the department to update the January 1, 1998, report, and to include in the report, in consultation with the Department of the California Highway Patrol, recommendations of specific criteria for designation of a highway as a Safety Enhancement-Double Fine Zone. The bill would also require the department to develop pilot projects that would be administered, in part, by certain local authorities, for designated portions of State Highway Route 101, State Highway Route 138, and State Highway Route 152. The bill thereby would create a state-mandated local program by imposing additional duties upon those local authorities. The bill would make conforming changes in other provisions of existing law. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 97 of the Streets and Highways Code is amended to read: 97. (a) The department, in consultation with the Department of the California Highway Patrol, shall develop nine pilot projects, six in northern California and three in southern California. The portions of the highways involved in the projects shall be designated and identified as "Safety Enhancement-Double Fine Zones" and shall be in the following locations: (1) On Route 37, between the intersection with Route 121 and the intersection with Route 29. (2) On Route 4, between the intersection with the Cummings Skyway and the intersection with Route 80. (3) On Route 74, between the intersection with Route 5 and the intersection with the Riverside-Orange County line. (4) On Route 46, between the intersection with Route 101 and the junction with Route 41. (5) On the Golden Gate Bridge. (6) On Route 12, between the intersection with Walters Road in the City of Suisun and the intersection with Lower Sacramento Road in the City of Lodi. (7) On Route 138, between the intersection with Avenue T and Pearblossom Highway and the intersection with Interstate Highway Route 15. (8) On Route 101, between the intersection with Boronda Road and the intersection with the San Benito-Monterey County Line. (9) On Route 152, between the junction with Route 156 at the Don Pacheco "Y" and the intersection with Ferguson Road. (b) (1) The department shall adopt rules and regulations prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within Safety Enhancement-Double Fine Zones. The rules and regulations adopted by the department shall include, but not be limited to, a requirement that Safety Enhancement-Double Fine Zones be identified with signs stating: "Special Safety Zone Begins Here" and "Special Safety Zone Ends Here." (2) The department or local authorities, with respect to highways under their respective jurisdictions, shall place and maintain the warning signs specified in paragraph (1) in areas designated under subdivision (a). (3) Notwithstanding Section 7550.5 of the Government Code, the department shall report to the Legislature on January 1, 2003, on the results of these pilot projects, including a determination of whether the projects were successful. In its report, the department shall update the January 1, 1998, report, and shall provide a detailed analysis on the impact of the pilot projects on highway safety, including, but not limited to, the number of accidents, traffic injuries, and fatalities in the project areas; and, in consultation with the Department of the California Highway Patrol, recommend specific criteria for designation of a highway as a Safety Enhancement-Double Fine Zone. A determination that the projects were successful shall be based upon a showing that a statistically significant decrease in the number of accidents, traffic injuries, and fatalities has occurred in the project areas. (c) Designation of a highway as a Safety Enhancement-Double Fine Zone does not increase the civil liability of the state under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability. (d) (1) Only the base fine shall be enhanced pursuant to this section. (2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section. (e) The pilot projects specified in subdivision (a) shall not be elevated in priority for state funding purposes. (f) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, which is enacted on or before January 1, 2004, deletes or extends that date. SEC. 2. Section 42010 of the Vehicle Code is amended to read: 42010. (a) For any offense specified in subdivision (b) that is committed by the driver of a vehicle within an area that has been designated as a Safety Enhancement-Double Fine Zone pursuant to subdivision (a) of Section 97 of the Streets and Highways Code, the fine, in a misdemeanor case, shall be double the amount otherwise prescribed, and, in an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310. (b) A violation of any of the following provisions is an offense that is subject to subdivision (a): (1) Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing. (2) Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits. (3) Section 23103, relating to reckless driving. (4) Section 23104, relating to reckless driving which results in bodily injury to another. (5) Section 23109, relating to speed contests. (6) Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating to alcohol-related reckless driving. (7) Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another. (8) Section 23220, relating to drinking while driving. (9) Section 23221, relating to drinking in a motor vehicle while on the highway. (10) Section 23222, relating to driving while possessing an open alcoholic beverage container. (11) Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container. (12) Section 23224, relating to being a driver or passenger under the age of 21 possessing an open alcoholic beverage container. (13) Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container. (14) Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container. (c) This section applies only when traffic controls or warning signs have been placed pursuant to Section 97 of the Streets and Highways Code. (d) (1) Notwithstanding any other provision of law, the enhanced fine imposed pursuant to this section shall be based only on the base fine imposed for the underlying offense and shall not include any other enhancements imposed pursuant to law. (2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section. (e) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, 2004, deletes or extends that date. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure, at the earliest possible time, that public safety is protected by enhancing the fines on sections of highways that pose particularly hazardous conditions for unsafe drivers, it is necessary that this act take effect immediately.