BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1362
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 1362 (Simitian) - As Amended:  August 2, 2010 

          Policy Committee:                              
          TransportationVote:11-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill imposes additional requirements on the use of  
          automated traffic enforcement systems.  Specifically, the bill:

          1)Prohibits a governmental agency that proposes to operate an  
            automated traffic enforcement system from considering revenue  
            generation beyond recovering its actual costs of operating the  
            system, as a factor when considering whether to install such  
            as system within its jurisdiction.

          2)Requires that, by no later than January 1, 2012, the systems  
            be identified by signs posted within 200 feet of an  
            intersection where a system is operating, visible from  
            directions where the automated system is being utilized.  
            Currently, the systems can be identified by signs posted at  
            each intersection (visible to traffic going in all directions)  
            or on signs posted all major entrances to the city.

          3)Requires that, prior to installing a system after January 1,  
            2012, the government agency adopt a finding of fact  
            establishing that the system is needed at a specific location  
            for reasons related to safety.

          4)Requires that when a government agency contacts a registered  
            vehicle owner for the purpose of ascertaining the correct  
            identity of an alleged traffic violator, it make the owner  
            aware that he or she is not required to provide the  
            information, and that failure to provide the information will  
            not result in additional responsibility or liability  
            associated with the alleged violation.









                                                                  SB 1362
                                                                  Page  2

          5)Requires a manufacturer or supplier that operates an automated  
            traffic enforcement system to submit annual reports to the  
            Judicial Council that include - to the extent this information  
            is readily available to the manufacturer or supplier -  
            information on the number of (a) alleged violations, (b)  
            citations issued by type of violation, (c) citations paid in  
            full, and (d) traffic collisions at each intersection  
            occurring before and after the installation of the system. 

           FISCAL EFFECT 

          1)Unknown, potentially significant reduction in fine and penalty  
            revenues, potentially in the range of several million dollars  
            annually, (state and local special funds), to the extent that  
            the bill reduces use of automated traffic enforcement systems  
            in the future.

          2)Partly offsetting reduction in court costs resulting from  
            fewer contested citations.

          3)Minor costs to Judicial Council to compile and maintain  
            reports from operators of automated traffic enforcement  
            systems.

           COMMENTS  

           1)Rationale  . According to the author, the bill is intended to  
            ensure that automated traffic enforcement systems are operated  
            for safety, not revenue, and that due process is afforded for  
            citations issued as a result of these systems
           
          2)Background  . Automated enforcement systems have been authorized  
            for use by local governments since 1998. Current law  
            authorizes use of these systems subject to various  
            requirements relating to posting of signs to notify motorists  
            of the presence of the system, adherence to traffic signal  
            timing and intervals standards, and confidentiality of data  
            collected by the system. Current law also prohibits a contract  
            between a government agency and a manufacturer or supplier of  
            automated traffic enforcement equipment from including  
            provisions for the payment or compensation to the manufacturer  
            or supplier based on the number of citations generated, or as  
            a percentage of the revenue generated, as a result of the use  
            of the equipment. 









                                                                  SB 1362
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           1)Fiscal issue  . The governor's budget proposal assumes $400  
            million from expanded usage of systems for speeding  
            enforcement. It is based on voluntary participation by local  
            governments. This bill's provision prohibiting a local  
            jurisdiction from considering revenue impacts of new  
            enforcement systems may be in conflict with this and related  
            budget proposals.
           
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081