BILL ANALYSIS
SB 949
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 949 (Oropeza) - As Amended: May 11, 2010
SENATE VOTE : 28-0
SUBJECT : Traffic violations and fines
SUMMARY : Prohibits local authorities from enacting or enforcing
ordinances or resolutions that either establish a violation for
the same or similar conduct that is already deemed a violation
of the California Vehicle Code (CVC), or assess a fine, penalty,
assessment, or fee for a violation of matters covered by the
CVC.
EXISTING LAW :
1)Declares that the provisions of the CVC are applicable and
uniform throughout the state, and that no local authority may
enact or enforce any ordinance on the matters covered by it
unless expressly authorized by statute.
2)Allows local authorities to adopt rules and regulations by
ordinance or resolution regarding vehicular matters such as
regulating taxi cabs, prohibiting certain vehicles from using
particular highways, closing particular streets during regular
school hours for the purpose of conducting driver training,
and temporarily closing a portion of any street for
celebrations, parades, local special events, etc.
FISCAL EFFECT : Unknown. This bill was withdrawn from the
Senate Appropriations Committee pursuant to Senate Rule 28.8.
COMMENTS : According to the author's office, several local
governments, including the county of Alameda and the cities of
Marysville, Roseville, Riverbank, and Newman, have elected to
make it their official policy to ignore certain moving
violations and penalties in the CVC and punish these offenses
under their own local ordinances.
These local governments have established municipal ordinances
that include violations identical to ones contained in the CVC
(e.g., a person shall obey traffic signs and signals) and that
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assess penalties for the violations. If a person is cited for a
violation under a municipal ordinance, the penalty assessed is
the penalty contained in the ordinance, not the CVC. The local
government receives the revenue from the penalty and it does not
communicate the violation to the Department of Motor Vehicles
(DMV).
The fines for violations cited under municipal ordinances vary
by jurisdiction and tend to range from $100 to $150 for the
first offense with increasingly higher fines for subsequent
offenses. For failing to obey traffic control devices, the City
of Roseville has adopted a fine of $100 for a first offense,
$200 for a second offense, and $500 for subsequent offenses.
Local fines are not subject to the state-mandated penalty
assessments, surcharges, or other fees that apply to citations
issued under the CVC. All of the revenues from fines collected
under municipal ordinances stay with the jurisdiction in which
the violation occurred.
The fines for violations cited under the CVC, by contrast, are
much higher in total once penalty assessments, surcharges, and
other fees are added. According to the 2010 Uniform Bail and
Penalty Schedule, a base fine in the amount of $35 has a total
bail of $211 and a base fine of $100 has a total bail of $445.
Fine revenues, including penalty assessments, are distributed
according to complicated formulas established in statute, but
some portion is distributed to the local jurisdiction where the
violation occurred. The exact percentage depends on the amount
of the base fine as some of the penalty assessments are
calculated as a percentage of the base fine. For base fines of
$35, the local government receives approximately 34% of the
total bail amount, which for total bail of $211 is $71. For
base fines of $100, the local government receives about 43
percent of the total bail, which equals $191.
At issue is whether the CVC preempts local ordinances with
regard to regulating traffic. Section 7 of Article XI of the
California Constitution provides that a local authority "may
make and enforce within its limits all local, police, sanitary,
and other ordinances and regulations not in conflict with
general laws." Opinions issued formally by the Office of the
Attorney General (1990) and informally this year by the Los
Angeles Police Department cite legal cases in which "conflict"
was found to occur when the state has enacted a legislative
scheme intended for uniform application throughout the state and
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has indicated its intention to preempt local regulation in the
area. In its 1990 opinion, the Office of the Attorney General
concluded, "The Vehicle Code is such an enactment and in fact
contains its own preemption rule, found in its Section 21."
In response to local governments enforcing local ordinances
related to matters covered by the state Vehicle Code, the author
requested the Legislative Counsel to opine on the following
question: "Does the Vehicle Code preempt local authorities from
enacting and enforcing ordinances to assess a fine for
nonparking-related violations if a fine for the violation is
specified in the Vehicle Code?"
In its opinion, Legislative Counsel asserted that the CVC does
preempt the authority of a local authority to enact and enforce
ordinances assessing penalties for moving violations because it
provides for a comprehensive scheme of penalties for moving
violations, including the disposition of fine revenue. The only
exceptions, according to Legislative Counsel, are "in those
cases in which the Vehicle Code expressly authorizes a local
authority to enact or enforce ordinances covering the same
matters." Consequently, the author considers this bill to be a
technical cleanup measure to remove any misunderstanding local
governments may have regarding their authority under state law.
Inconsistency in the enforcement of the CVC can foster confusion
and distrust among drivers. It also potentially subjects them
to arbitrary and discriminatory treatment by law enforcement.
In addition, citing traffic violations under local ordinances
inhibits the accurate collection of statewide data on moving
violations that are used to flag unsafe drivers for possible
action against their licenses and to calculate their insurance
rates.
The City of Roseville argues that the CVC, by allowing local
authorities to adopt rules and regulations regarding "regulating
traffic by means of official traffic control devices," does
expressly authorize local authorities to establish and enforce
municipal ordinances regarding such actions as obeying signs or
signals.
Opponents of this bill further state, "While seemingly narrow in
scope, this bill would create a blanket preemption of municipal
codes addressing traffic violations. Specifically, SB 949 would
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prohibit a local agency from issuing a traffic citation - as
currently authorized under Section 21100 of the Vehicle Code -
if the penalty assessed through the local municipal code is
different from the penalty provided for in the state Vehicle
Code. The intent of this legislation is well within reason, and
we generally concur that uniform traffic regulation is vital to
safe passage for the motoring public, pedestrians, and cyclists.
However, the additional consequences of SB 949 are problematic
for both local agencies and the state, and sets a dangerous
precedent for state control over policies intended to address
public safety issues specific to a jurisdiction.
"The discretion afforded through the municipal codes to local
jurisdictions, the law enforcement officers serving those local
jurisdictions, and courts reviewing citations ensures an
appropriate response to the local needs. SB 949 unfortunately
undermines that flexibility for a one-size-fits-all approach to
public safety."
Suggested committee amendments :
1)To make certain that the bill is not misinterpreted to
preclude local governments from enacting their own parking
ordinances, the bill should be amended to make clear that its
provisions do not alter the existing authority of local
agencies to regulate parking.
2)Similarly, there is some concern that the bill might preclude
park districts from enforcing traffic restrictions they are
authorized to enact by the Public Resources Code. This bill
should therefore be amended to provide that "Nothing in this
article shall impair or be construed to impair the authority
of any local park authority or district whose authority is
established pursuant to a separate state code to enact or
enforce any ordinance or resolution relating to the management
of public lands and parklands or to establish a fine, penalty
assessment, or fee for violation thereof."
REGISTERED SUPPORT / OPPOSITION :
Support
Automobile Club of Southern California
California State Automobile Association
California Traffic Classes, Inc
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Cheap School (Traffic School)
Great Comedians Traffic School
Traffic Safety Consultants, Inc.
Opposition
Association for Los Angeles Deputy Sheriffs
California Fraternal Order of Police
California Public Parking Association
California State Association of Counties
California State Sheriffs' Association
City of Costa Mesa
City of Fremont
City of Los Angeles
City of Red Bluff
County Professional Peace Officers Association
League of California Cities
Long Beach Police Officer's Association
Los Angeles Police Protective League
Mountains Recreation and Conservation Authority
Riverside Sheriffs' Association
Urban Counties Caucus
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093