BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 29 (Simitian)
Hearing Date: 05/09/2011 Amended: 04/05/2011
Consultant: Mark McKenzie Policy Vote: T&H 9-0
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BILL SUMMARY: SB 29 would revise the requirements that local
jurisdictions and enforcement agencies must follow when
installing and operating "automated traffic enforcement systems"
(red light cameras). Specifically, this bill would:
Require signs to be posted within 200 feet of an intersection
where red light cameras are in use by January 1, 2013, as
specified, instead of allowing signs either at intersections
or at the entrances to the city.
Require a local agency to adopt a finding that the placement
of a red light camera is needed for reasons related to safety,
for cameras placed after January 1, 2012.
Require local agencies to develop uniform guidelines for
screening and issuing violations, for handling confidential
information, and for selecting locations for red light camera
use by January 1, 2013, for both existing and new cameras.
Prohibits the operator of a red light camera from considering
revenue generation, beyond actual cost recovery, when
considering whether to install a camera.
Require Judicial Council to approve all forms for courtesy
notices and notices to appear.
Allow issuing agencies to issue courtesy notices to registered
owners of vehicles prior to issuing a citation in an effort to
determine the identity of the driver and requires that notice
to contain specified information..
Require the submittal of an annual report to the Judicial
Council that includes specified violation data, including the
number of alleged violations, number of citations issued,
number of citations dismissed, and the impact that a camera
has had on collisions.
Make other changes to ensure the processes for issuing and
contesting citations are consistent and transparent.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Penalty revenue loss unknown potential penalty revenue
SB 29 (Simitian)
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lossVarious*
------------(see staff
comments)------------
Judicial Council minor and absorbable costs to
approveSpecial**
forms and receive annual reports
Local mandate no state costs (local crime
disclaimer)Local
____________
* General/Special (See staff comments for itemized schedule of
penalty assessments)
** Trial Court Trust Fund
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STAFF COMMENTS: This bill may meet the criteria for referral to
the Suspense File. This bill includes a provision that requires
a "courtesy notice" issued to the registered owner of a vehicle
involved in a red light camera violation to clearly and
prominently notify the owner that he or she is not required to
provide information on the identity of the driver of the
vehicle, and that failure to provide that information will not
result in additional responsibility or liability associated with
the alleged violation. To the extent that this provision
directly results in a decrease in the identification of drivers
involved in violations, and the issuance of fewer citations with
sufficient evidence to justify a conviction, this bill could
result in a decrease in penalty revenues. If approximately
1,800 fewer convictions are achieved in a year as a result of
these notice requirements, this bill would meet the criteria for
referral to the Suspense File.
Existing law authorizes the use of automated traffic enforcement
systems at railroad crossings and intersections to record
violations of unlawful grade crossings and red light running.
Only a governmental agency, in cooperation with law enforcement,
may operate an automated enforcement system. Existing law
authorizes a governmental agency to contract out its duties to
certify that the equipment is installed and operating properly,
and regularly inspected, provided the agency maintains overall
supervision and control of the system. This bill is intended to
improve accountability of local governments that use red light
camera systems, to ensure citations are properly issued, and to
improve the means for a person to challenge citations issued in
SB 29 (Simitian)
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error.
Staff notes that the base fine for running a red light is $100,
with total bail running as high as $528, including penalty
assessments. The following illustrates the amount, statutory
reference, and recipient of each assessment for a $100 base
fine:
$100 penalty ($10 for each $10 of base fine); Penal Code (PC)
1464; 70% to state for deposit in State Penalty Fund, 30% to
county General Fund.
$70 penalty ($7 for each $10 of base fine); Government Code
(GC) 76000; full amount to county, as specified.
$20 penalty ($2 for each $10 of base fine); GC 76000.5; to
county for specified emergency medical services.
$40 penalty ($4 for each $10 of base fine); GC 76104.6 and
76104.7; 75% to state for deposit in State DNA Identification
Fund, 25% to county for implementation of Proposition 69
(2004).
$50 penalty ($5 for each $10 of base fine); GC 70372 (a); full
amount to state for deposit into Court Facilities Construction
Fund, as specified.
$20 surcharge (20% of base fine); PC 1465.7; full amount to
state for deposit in General Fund.
$4 flat fine; GC 76000.10; full amount to state for deposit in
the emergency Medical Air Transportation Act Fund.
$40 court security fee; PC 1465.8 (a); full amount to state
for deposit in the Trial Court Trust Fund for court security
purposes (amount reduced to $30 on July 1, 2011, and to $20 on
July 1, 2013).
$35 conviction assessment fee; GC 70373; full amount to state
for deposit in the State Court Facilities Construction Fund.
For those ordered or permitted to attend a traffic violator
school, there is an additional $49 fee; VC 42007.1; 51% to
state for deposit in State Court Facilities Construction Fund
and 49% to county General Fund. Courts may adjust this amount
to cover costs to administer TVS program.
The following breakdown summarizes the total state fiscal impact
for each violation with a $100 base fine ($249 total):
$20 to General Fund
$70 to State Penalty Fund
$85 to State Court Facilities Construction Fund
$40 to Trial Court Trust Fund
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$30 to State DNA Identification Fund
$4 to Medical Air Transportation Act Fund.
The total number of red light camera violations that ultimately
end up as a conviction resulting in payment of bail is unknown.
According to information provided by Redflex Traffic Systems,
the largest supplier of red light camera systems to cities and
counties in California, approximately 67,645 citations are
issued annually as a result of the "courtesy notice" process in
which the registered owner of a vehicle provides information
about the driver involved in an alleged violation. The number
of these that ultimately ends in a conviction and payment of
fines and assessments is unknown. As noted above, if the bill's
requirements directly result in a decrease in the identification
of drivers involved in violations, and the issuance of fewer
citations with sufficient evidence to justify a conviction, this
bill could result in a decrease in penalty revenues. For
example, if 1,800 fewer convictions are achieved in a year as a
result of the enhanced notice requirements (less than 3% of the
number of citations issued through the courtesy notice process
by Redflex), this bill would result in a loss of $153,000 in
penalties that would otherwise be deposited into the Court
Facilities Construction Fund.
A violation of the Vehicle Code is a crime. By changing the
requirements related to red light cameras, this bill creates a
non-reimbursable state-mandated local program (local crime
disclaimer).
Judicial Council indicates that administrative costs to develop
and adopt forms required by this bill would be minor and
absorbable. Furthermore, any costs to receive reports on red
light camera use by local agencies would be absorbable.
Staff notes that this bill is similar to SB 1362 (Simitian),
which was held in the Assembly Appropriations Committee last
year.