BILL ANALYSIS Ó
AB 539
Page 1
Date of Hearing: May 3, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 539 (Williams) - As Amended: April 25, 2011
SUMMARY : Authorizes a local authority to adopt an ordinance or
resolution that doubles the base fine imposed on a person who is
convicted of speeding, in a school zone, as specified.
Specifically, this bill :
1)Authorizes a local authority to adopt an ordinance or
resolution that doubles the base fine imposed on a person who
is convicted of speeding, in a school zone, as specified, if
the following conditions are met:
a) Children are present at the time the offense was
committed;
b) A sign was erected in the zone that provides
notification to the driver of the doubled base fine zone;
c) The highway is not one for which the speed limit could
be reduced by the local authority because the posted speed
limit does not meet the conditions specified in order to
reduce the posted speed limit in a school zone; and,
d) Doubling of the base fine shall not result in the
increase of any associated and additional penalties, fines,
fees, or assessments as provided by law.
2)Provides that notwithstanding existing law that requires that
all fines and forfeitures collected be deposited in the county
treasury for distribution, as specified, the enhanced portion
of the doubled fine imposed for speeding in a school zone
shall be deposited in a special account in the county treasury
which shall be used exclusively for the cost of education,
engineering, or enforcement administered by the local
authority that adopted an ordinance or resolution doubling the
base fine.
AB 539
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3)Requires a local authority that adopts an ordinance or
resolution doubling the base fine in a school zone to use the
funds received from the special account for any of the
following purposes:
a) Educational programs meant to increase driver awareness
of the enhanced fine and the dangers associated with
speeding in school zones that are provided in a manner that
recognizes the different languages spoken within the
community;
b) Enforcement of the speed limit in a school zone; or,
c) Engineering programs that enhance the safety of students
travelling to and from school on foot or on bicycle.
EXISTING LAW :
1)Provides that no person shall drive a vehicle upon a highway
at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the
surface and width of the highway, and in no event at a speed
that endangers the safety of persons or property. (Vehicle
Code Section 22350.)
2)States that the prima facie speed limit is twenty-five miles
per hour when approaching or passing a school building or the
grounds thereof, contiguous to a highway and posted with a
standard "SCHOOL" warning sign while children are going to or
leaving the school, either during school hours or during the
noon recess period. "SCHOOL" warning signs may be placed at
any distance up to 500 feet away from school grounds.
ÝVehicle Code Section 22352(a)(2)(B).]
3)Allows city a city and county, based upon an engineering and
traffic survey that the prima facie speed limit of 25 miles
per hour is more than reasonable or safe by ordinance or
resolution, to determine and declare a prima facie of 20 or 15
miles per hour which is justified as the appropriate speed
limit by that survey. ÝVehicle Code Section 22358.4(a)(1).]
4)Provides that for specified offenses committed by the driver
of a vehicle within a highway construction zone or maintenance
area, during any time traffic is regulated or restricted
through or around that area, or when the highway construction
AB 539
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or maintenance is actually being performed in the area by
workers acting in their official capacities, the fine in a
misdemeanor case, shall be double the amount actually
prescribed. ÝVehicle Code Section 42009(a).]
5)Provides that for specified offenses committed by the driver
of a vehicle within an area that has been designated as a
Safety Enhancement-Double Fine Zone, as specified, the fine,
in a misdemeanor case shall be double the amount otherwise
prescribed, and in an infraction case, the fine shall be one
category higher than the penalty prescribed by the uniform
traffic penalty schedule. ÝVehicle Code Section 42010(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Speeding is a
problem in school zones where local jurisdictions are unable
to effectively reduce the speed limit to 15 mph or 20 mph and
lack the resources to maintain a serious enforcement presence
to curb speeding in those school zones. In Goleta,
California, alone, at least four schools were unable to lower
the speed limit to 15 mph or 20 mph and, as a result, chronic
and excessive speeding in these school zones continues. At
times when children are present, average speeds of 10 mph to
20 mph over the posted 25 mph speed limit are the norm.
"AB 539 authorizes a local authority to adopt an ordinance or
resolution that doubles the base fine imposed on a person who
is convicted of speeding, in a school zone if specific
conditions are met, including, if the highway is not one for
which the speed limit could be reduced by the local authority
because the posted speed limit does not meet the necessary
conditions required in order to reduce the school zone speed
limit.
"The bill ensures that doubled fine will not result in an
increase in any associated fees or penalty assessments, and
requires that there be signage to properly warn drivers of the
increased fine. Finally, in order to make the fine increase
more effective, AB 539 requires that the revenue generated by
the increase must be used for driver education, engineering
programs designed to increase student safety or enforcement."
AB 539
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2)Prior Legislation : AB 321 (Nava), Chapter 384, Statutes of
2007, authorized local governments, under certain conditions,
to extend school safety zones from 500 feet to 1,000 feet and
authorized the reduction of the speed limits from 30 miles per
hour to 15 miles per hour when approaching at a distance of
less than 500 feet and passing a school.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of School Business Officials
California State PTA
California State Sheriffs' Association
California Teachers Association
City of Goleta
Peace Officer Research Association
Santa Barbara County Sheriff
Opposition
Automobile Club of Southern California
California State Automobile Association
California Teamsters Public Affairs Council
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744