BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 539
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          ASSEMBLY THIRD READING
          AB 539 (Williams)
          As Amended  April 25, 2011
          Majority vote 

           TRANSPORTATION      11-0        PUBLIC SAFETY       6-1         
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Ammiano, Cedillo, Hagman, |
          |     |Jeffries, Achadjian,      |     |Hill, Mitchell, Skinner   |
          |     |Blumenfield, Bonilla,     |     |                          |
          |     |Buchanan, Eng, Furutani,  |     |                          |
          |     |Galgiani, Portantino,     |     |                          |
          |     |Solorio                   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Knight                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Doubles fines for speed limit violations in school 
          zones under specified conditions.  Specifically,  this bill  :  

          1)Authorizes a local authority to adopt, by ordinance or 
            resolution, double of fines for persons convicted of speeding 
            in a school zone, as defined, as long as certain conditions 
            are met, including:  

             a)   Children are present at the time the offense is 
               committed;

             b)   Signs are erected in the school zone that provide 
               notification to drivers that double fines apply; and,

             c)   The highway on which the offense occurs in not signed at 
               less than 25 miles per hour (mph), as specified.  

          1)Specifies that doubling of the base fine shall not result in 
            the increase of any associated and additional penalties, 
            fines, fees, or assessments.  

          2)Specifies that a court shall not reduce the penalties, as 
            provided.  

          3)Requires that the enhanced portion of the fine, as specified, 








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            be deposited in a special account in the county treasury to be 
            used exclusively to pay for educational programs to increase 
            driver awareness of enhanced fines and dangers of speeding in 
            school zones, enforcement of the speed limits in a school 
            zone, and engineering programs that enhance safety of students 
            traveling to and from school on foot or bicycle.  

           EXISTING LAW  :  

          1)Sets forth provisions governing speed limits and includes 
            fines for speeding violations.  

          2)Allows local authorities to reduce the prima facie speed limit 
            of 25 mph in a school zone to 20 mph or 15 mph, under certain, 
            limited, conditions.  

          3)Allows for doubling of fines for speed limit violations in 
            highway construction or maintenance zones, under certain 
            circumstances.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Existing law generally provides for a prima facie 
          speed limit of 25 mph in school zones when children are present 
          AB 321 (Nava) Chapter 384, Statutes of 2007, allows a local 
          authority, by ordinance, to determine and declare a school zone 
          speed limit of 15 mph or 20 mph, under certain circumstances.  
          To declare a 15 mph or 20 mph school zone speed limit, the local 
          jurisdiction must conduct engineering and traffic surveys to 
          show that the 25 mph speed limit is more than is reasonable or 
          safe.  Also, lowering the speed limit to 15 mph or 20 mph can 
          only be done on a highway with a posted speed limit of 30 mph or 
          slower.  

          AB 321 (Nava) limited conditions under which the speed limit can 
          be reduced to avoid creating a significant variation in speed 
          along the route since traffic studies show that an immediate and 
          significant drop in speeds can exacerbate traffic tie ups and 
          result in increased accidents and associated safety issues.  For 
          example, the abrupt slowing of vehicles speeds from 30 mph or 
          higher to 15 mph to 20 mph could increase the number of rear-end 
          collisions or cars swerving out to avoid rear-end collisions 
          which could further jeopardize bicyclists and pedestrians.  









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          According to the author, speeding remains a problem in school 
          zones where local jurisdictions are unable to effectively reduce 
          the speed limit to 15 mph or 20 mph and the resources to 
          maintain a serious enforcement presence to curb speeding in 
          those school zones are limited.  The author notes that in Goleta 
          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.  The author 
          cites surveys that show, at times when children are present, 
          average speeds of 10 mph to 20 mph over the posted 25 mph speed 
          limit are the norm.  The author contends that by increasing 
          fines, speeding in school zones would be reduced.  

          Fines are generally set to be commensurate with the crime.  The 
          Legislature has, however, authorized doubling of fines under 
          certain circumstances.  For example, fines are doubled in 
          highway construction and maintenance areas (AB 708 (Epple) 
          Chapter 674, Statutes of 1993), but only during times when 
          traffic is regulated or restricted through or around the area or 
          when highway construction or maintenance work is actually being 
          performed and traffic controls or warning signs are erected to 
          notify motorists of construction or maintenance workers in the 
          area.  

          The Judicial Council annually adopts a uniform traffic penalty 
          schedule which is applicable to all non-parking infractions 
          specified in the Vehicle Code.  In establishing the uniform 
          penalty schedule, the Judicial Council classifies offenses into 
          four or fewer penalty categories, according to the severity of 
          the offense, so as to permit convenient notice and payment of 
          the scheduled penalty.  

          Under current law, the base fine for speeding in a school zone 
          is set in the uniform penalty schedule as $35 for traveling 1 
          mph to 15 mph over the speed limit ($154 total fine with fees 
          and court costs), $70 for traveling 16 mph to 25 mph over the 
          speed limit ($280 total fine with fees and court costs), and 
          $100 for traveling 26 mph or more over the speed limit ($400 
          total fine with fees and court costs).  

          This bill would authorize a local jurisdiction to double base 
          fines in school zones posted at 25 mph.  The double fines would 
          apply only when children are present and if motorists are 
          notified that double fines apply.  








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          The author's intent is to make school zones safer for children 
          by slowing traffic.  To accomplish this, the bill proposes to 
          use funds generated through enhanced fines to pay for increased 
          enforcement, educate the public about the dangers of speeding in 
          school zones and enhanced fines, and to make engineering 
          modifications necessary to reduce speeding.  

          Previous 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 speed limits from 25 mph to 15 mph 
          when approaching at a distance of 500 feet and passing a school. 
           

          SB 1227 (Denham) of 2006, would have allowed, until January 1, 
          2010, a prima facie speed limit of 15 mph for specified school 
          zones in Merced and Monterey counties.  That bill would have 
          also required local authorities in these counties to report to 
          the California Highway Patrol on the collisions, citations, 
          average vehicle speed, speed limits, and use of specified 
          "children are present" signs.  SB 1227 (Denham) was held under 
          submission in the Senate Appropriations Committee.

          AB 1886 (Jackson) Chapter 590, Statutes of 2001, allowed for the 
          increase of fines for traffic violations in school zones within 
          Alameda, Santa Barbara and Ventura Counties.  That bill sunset 
          on January 1, 2007.  

          AB 708 (Epple) Chapter 674, Statutes of 1993, provided that in 
          highway construction and maintenance areas, in specified 
          misdemeanor cases, fines shall be double the amount otherwise 
          prescribed, and, in the case of an infraction, the fine shall be 
          one category higher than the penalty otherwise prescribed by the 
          uniform traffic penalty schedule.  

           
          Analysis Prepared by  :    Victoria Alvarez / TRANS. / (916) 319- 
          2093 
           
           
                                                                FN: 0000550











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