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29B - REDFLEX AGMT EXPIRE
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29B - REDFLEX AGMT EXPIRE
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Last modified
3/18/2014 2:21:57 PM
Creation date
3/13/2014 2:30:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
29B
Date
3/18/2014
Destruction Year
2019
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The second impact of SB 1303 is the operational requirements. Those requirements include <br />Notice of Non - Liability, additional requirements for operation of an Automated Traffic <br />Enforcement System, and Reporting by Vendor. SB 1303 amends Vehicle Code Section <br />40518 to create a standard form "notice of non - liability" to be sent to the registered owner of a <br />vehicle when the driver appears different from the registered owner. The additional operational <br />requirements also created a uniformed guideline for the operation and established procedures <br />to ensure compliance. Examples of this include posting signs within 200 feet of an operating <br />photo enforced intersection, and the decision as to where to install a photo enforced <br />intersection without considering revenue generation beyond that sufficient to cover operating <br />costs. The Santa Ana Police Department's Photo Enforcement System is in total compliance <br />with all of these operating requirements. <br />SB 1303 also amends Vehicle Code Section 21455.5 to require photo enforcement vendors to <br />submit an annual report to the Judicial Council that includes information readily available <br />regarding the number of alleged violations captured, the number of citations issued, the <br />number and percentage of citations dismissed by the court, and the number of traffic collisions <br />at each intersection that occurred prior to and after the installation of a photo enforcement <br />system. In conclusion, SB 1303 was a vote by the California Legislature in favor of Automated <br />Traffic Enforcement Systems. The changes enacted by this legislation overrule several court <br />decisions that are commonly used to challenge cases. <br />AB666 is a current bill in committee that will make a photo enforcement citation a civil offense <br />and not a criminal offense. The bill has yet to determine the penalty if guilty or how DMV points <br />will be assessed. <br />SB1362 (2010) would have changed the process by which the "nominations" were conducted. <br />This would have resulted in the identification of fewer drivers, thereby reducing the number of <br />violations we are able to file. Approximately one -third of our citations are completed through <br />the "nomination" process, so it could have had a severe impact on revenues and the <br />subsequent sustainability of the program. The bill passed the Senate on 06 -01 -2010 by a vote <br />of 31 -1 but stalled and was never enacted. <br />AB 909 passed the legislature on August 25, 2010, but then was vetoed on September 29, <br />2010 by Governor Schwarzenegger. The bill would have changed the penalty language of red <br />light violations from "a fine of $100" to "a fine not exceeding $100," thereby giving the court <br />discretion to impose a lesser fine for these infractions. <br />Revenue and Expenses <br />FY 2008 -09 through FY 2012 -13 <br />r • <br />FY 2008 -09 <br />FY 2009 -10 <br />FY 2010 -11 <br />FY 2011 -12 <br />FY 2012 -13 <br />Fines Collected <br />1,241,015 <br />1,308,608 <br />1,836,005 <br />1,636,212 <br />2,541,745 <br />Paid to Redflex <br />1,282,115 <br />1,281,249 <br />942,011 <br />913,633 <br />737,249 <br />Attorney Fees <br />0 <br />0 <br />0 <br />24,055 <br />68,035 <br />Est. Personnel Costs <br />537,539 <br />571.135 <br />604,731 <br />638,327 <br />671.923 <br />Net Revenues <br />(578,639) <br />(543,776) <br />289,263 <br />60,197 <br />1,064,538 <br />r • <br />
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