BILL ANALYSIS SENATE RULES COMMITTEE Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . THIRD READING . Bill No: SB 833 Author: Kopp (I) Amended: 5/25/95 Vote: 21 . SENATE TRANSPORTATION COMMITTEE: 6-1, 5/2/95 AYES: Ayala, Boatwright, Johnston, Monteith, Russell, Kopp NOES: Kelley NOT VOTING: Hayden, Polanco SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 20-19, 5/18/95 AYES: Alquist, Ayala, Beverly, Boatwright, Campbell, Costa, Craven, Hayden, Johnston, Killea, Kopp, Marks, Mello, Monteith, O'Connell, Petris, Rosenthal, Russell, Solis, Watson NOES: Calderon, Dills, Greene, Haynes, Hughes, Hurtt, Johannessen, Johnson, Kelley, Leonard, Leslie, Lewis, Maddy, Mountjoy, Peace, Polanco, Rogers, Thompson, Wright NOT VOTING: Lockyer . SUBJECT: Vehicles: crimes: enforcement. SOURCE: City of Santa Rosa Police Chief . DIGEST: This bill (1) expands the authorization to use automated rail crossing enforcement systems to all places where a driver is required to stop by traffic control signals, and (2) clarify conditions and procedures for the release of a vehicle impounded because the driver's license CONTINUED SB 833 Page 2 was suspended or revoked. Senate Floor Amendments of 5/18/95 removed the urgency clause. Senate Floor Amendments of 5/25/95 added a three-year sunset to the red light enforcement provision. ANALYSIS: SB 1802 (Rosenthal, 1994) authorized the use of automated rail crossing enforcement systems (red light cameras) to record violations occurring at rail crossing signals and gates. The bill required signs to be posted indicating the system's presence and to be visible to approaching traffic. Use of such equipment is limited to governmental agencies in cooperation with law enforcement agencies. Persons failing to stop at activated rail crossing signals or gates and whose actions are recorded by the automatic enforcement systems may subsequently be cited by mail for the violations. This bill extends the authorization to use automated enforcement equipment to all areas where a driver is required to obey traffic signals. The use of such photographic equipment would: 1.Require the system to be visible to approaching traffic and be identified by signs. 2.Be limited to governmental and law enforcement agencies' use. 3.Require photographic records to be confidential and used only for traffic control device enforcement. 4.The above provision would sunset on January 1, 1999. At that time, the current law would be reinstated. SB 1758 (Kopp, 1994) enacted provisions authorizing the impoundment for 30 days of vehicles driven by persons with suspended or revoked drivers' licenses or who were never licensed. The legislation also made it unlawful to provide a vehicle to such a driver if the nonlicensed status is CONTINUED SB 833 Page 3 known and also enacted related enforcement provisions. This bill clarifies the application of the vehicle impoundment provisions and specify conditions and procedures for the release of a vehicle prior to 30 days. It would: 1.Authorize the impoundment for 30 days of a vehicle involved in an accident and driven by a suspended or revoked driver, without the necessity of arresting the driver. Any lien sale shall be conducted on or after the 15th day after the end of the 30-day impoundment period. 2.Allow the impounding agency to consider any mitigating circumstances during a hearing to determine the validity of a 30-day impoundment. 3.Require an impounding agency to release a vehicle prior to the end of the 30-day period: a.when the vehicle was stolen. b.when the vehicle was driven by an unlicensed employee of a business (e.g., parking service or repair facility). c.when the driver's license was suspended or revoked for minor or nondriving-related violations. d.all towing and storage fees and charges are paid. 4.Require the release of an impounded vehicle to the legal owner before 30 days if: a.the legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other financial institution, or a rental car agency. b.all towing and storage fees and charges are paid. c.the legal owner presents foreclosure or repossession documents to the impounding agency. 5.Prohibit vehicles released early to legal owners from CONTINUED SB 833 Page 4 subsequently being returned to the original or registered driver and prohibit rental agencies from renting another vehicle to the cited driver before the 30 days expired. 6.Restore to misdemeanor status, rather than an infraction, the crime of driving with a suspended or revoked license, in order to correct a technical drafting error in SB 1758. 7.Specify that the registered owner and not the legal owner is responsible to charges related to impoundment. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 5/26/95) City of Santa Rosa Police Chief (source) Independent Auto Dealers of California California Association of Licensed Repossessers California Peace Officers Association California Peace Chiefs Association ARGUMENTS IN SUPPORT: Sponsors of the red light photographic enforcement equipment provisions cite the use of such equipment in reducing the rate of violations as well as the number of accidents and fatalities at intersections. Various studies and tests of the equipment have concluded that a substantial portion of urban vehicle crashes occur at intersections involving drivers running through red lights. Such violators, as a group, are younger, less likely to wear seatbelts, and have poorer driving records. Reports from Victoria, Canada showed a 72 percent drop in red light violations while Melbourne, Australia reported a 30 percent reduction in traffic fatalities, both cases attributable to use of the automated enforcement units. CONTINUED RJG:lm 5/26/95 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****