BILL ANALYSIS
AB 909
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CONCURRENCE IN SENATE AMENDMENTS
AB 909 (Hill)
As Amended August 3, 2010
Majority vote
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|ASSEMBLY: | |(May 28, 2009) |SENATE: |26-8 |(August 12, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: E. & R.
SUMMARY : Reduces the fine for certain violations involving a
right turn against a red light.
The Senate amendments delete the entire contents of this bill
and replace it with provisions intended to distinguish two
separate traffic violations for the purpose of assigning unique
fines for each:
1)Running a red light.
2)Turning right on a red light without first coming to a
complete stop.
EXISTING LAW :
1)Requires drivers to stop at a marked limit line when facing a
steady red light and to remain stopped until an indication to
proceed is shown, with an exception for right turns and left
turns from a one-way street to a one-way street; violations
result in an infraction punishable by a base fine of $100.
2)Authorizes drivers to turn right on a red light after stopping
at the limit line, but requires drivers to yield the
right-of-way to pedestrians and approaching vehicles;
violations result in an infraction punishable by a base fine
of $35.
3)Allocates 30% of money collected from fines and forfeitures
from red light violations (with some exceptions for fees
collected for specific purposes) to the general fund of the
city or county in which the red light violation occurs.
AB 909
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AS PASSED BY THE ASSEMBLY , this bill would have required polling
place workers to notify decline-to-state voters that they may
request partisan ballots at a primary election.
FISCAL EFFECT : Unknown but likely some reduction in revenues
deposited to city and county general funds--revenues that were
originally intended to provide additional resources to local law
enforcement agencies to reduce red light violations.
COMMENTS : According to the author, the intent of AB 909 is to
correct a drafting error made by enactment of AB 1191 (Shelley),
Chapter 852, Statutes of 1997, that inadvertently increased the
base fine amount for right turn on red violations from $35 to
$100. The author asserts that AB 1911 "focused on making sure
the fine matched the seriousness of the offense. It targeted
drivers going straight though intersections and making left
turns on red, which account for the majority of accidents."
These violations can result in catastrophic right-angle
collisions.
However, as implemented, drivers that fail to come to a complete
stop before making a right turn on red are also being cited and
fined $100, rather than the $35 fine they would otherwise get
for making an unsafe right turn on red. The author suggests
that these violations make up the vast majority of the citations
issued by red-light cameras (at one intersection, as high as
98%) yet right-turn violations result in a minority (10%) of
collisions involving red light running.
The author also cites a recent San Mateo County Civil Grand Jury
report that found that "the fine for failure to stop before
making a right-hand turn seems out of proportion to similar
offenses and as a result is often appealed to the traffic
court." The report states that there has been an 80% increase
in the number of citations that are challenged at the higher
fine rate and that need to be adjudicated in court.
The contents of this bill have not been heard in the Assembly
policy committee.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
AB 909
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FN: 0005658