BILL NUMBER: SB 1526 CHAPTERED 09/14/00 CHAPTER 446 FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2000 APPROVED BY GOVERNOR SEPTEMBER 13, 2000 PASSED THE SENATE AUGUST 25, 2000 PASSED THE ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY JUNE 12, 2000 AMENDED IN SENATE MARCH 22, 2000 INTRODUCED BY Senator Kelley FEBRUARY 17, 2000 An act to amend Section 97 of the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 1526, Kelley. Highways: Safety Enhancement-Double Fine Zones. (1) Existing law, until January 1, 2004, 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. This bill would require the department to develop a pilot project that would be administered, in part, by certain local authorities, for designated portions of State Highway Routes 2 and 74. The bill thereby would create a state-mandated local program by imposing additional duties upon those local authorities. (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. 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 pilot projects in both northern and 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, at both of the following locations: (A) Between the intersection with Route 5 and the intersection with the Riverside-Orange county line. (B) Between the junction with Route 15 and the intersection with Seventh Street in the City of Perris. (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. (10) On Route 2, between the city limits of La Canada Flintridge and the intersection with Route 39. (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) 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 before January 1, 2004, deletes or extends that date. SEC. 2. 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.