House Bill 77

Chair's Name: Tom Rice

Committee: Motor Vehicles

House Sponsor: Bobby Franklin

HB 77 changes provision dealing with red light cameras. Section 1 provides that only certified peace officers may review and issue citations based on camera photos.  Section 6 divides the generated fees which exceed the operating costs of the cameras, giving 25% to the local government issuing the citation and 75% to the state trauma fund.  Other provisions include the requirement of an engineering study to be performed at intersections containing cameras, changes to the local government's reporting requirements, and penalties for not meeting reporting deadlines.

This bill passed the House Floor under the Open Rule with a floor amendment by a vote of 110 to 60.

Chairman Rice's opinion of this legislation:

 There is a belief that Red Light cameras can be used as revenue generators for jurisdictions that deploy them.  This bill is a compromise between the two schools of thought.

THIS LEGISLATION:

• Reduces the Size of Government by limiting the ability for local governments to abuse power over the citizenry.

• Increases Personal Responsibility by still allowing cameras to exist (however limited), individuals will be more cautious at red lighted intersections.

Further Action

The Senate changes would require local governments to show that there is a documented safety need to operate a red light camera at the intersection. It also requires local government to consider other solutions, including design and operational improvements, prior to applying for a red light camera permit. Revenues from red light cameras will stay with the local government, however, if the local governments operate red light cameras in violation of the law,al the revenues will go to the state and they will loose their permit to operate the cameras.

The House Sponsor moved to agree as he believes that these changes will help ensure that the cameras are used solely for safety purposes and not as a revenue generator. The House agreed with the Senate substitute and the bill was signed by the Governor.