A bill is heading to the governor's desk that would stop Riverbank, Newman and a handful of other California cities from issuing their own tickets for minor traffic violations.
The practice has been a boon for drivers and cities.
Drivers are ticketed for a lower amount, the Department of Motor Vehicles isn't notified, and the city keeps all of the money — instead of getting a fraction back from the state under a standard ticket.
State Sen. Jenny Oropeza's bill would put the brakes on this.
Oropeza, D-Long Beach, said the practice leads to uneven enforcement of traffic laws and confusion and distrust among drivers.
She said insurance companies don't learn about the tickets because the DMV is not notified, so they get incomplete information when they set premiums, giving bad drivers an undeserved break and making good drivers pay more.
The practice also puts federal highway funding at risk, Oropeza said, because the state doesn't have complete information on moving violations, which are among the data used to calculate federal funding.
Riverbank and Newman officials defended the policy, saying it is for motorists with good driving records who commit minor offenses, such as driving 31 mph in a 25 mph zone.
"This is just another case of the state not recognizing local police powers," Newman City Manager Michael Holland said. "This lets us give law-abiding citizens a slap on the wrist. If you are a frequent customer of the DMV and court system, you are not eligible."
Cities can issue administrative tickets only to drivers who violate posted signs, such as speed limits, stop signs, and right of way and yield signs. They cannot issue tickets for reckless driving, driving under the influence or running red lights.
Riverbank and Newman have been issuing their own tickets for about a year. The cities say about a third of the tickets have been issued based on their codes, with the rest issued under the state vehicle code. Both cities let drivers appeal tickets issued under city codes.
The administrative tickets are much cheaper than a ticket issued under the vehicle code. For instance, it costs a driver $100 in Riverbank and $150 in Newman for rolling through a stop sign. The same offense costs more than $220 under a standard ticket.
These tickets also bring in money for the cities when budgets are tight because of the recession and what some cities have called state raids on their budgets.
Riverbank expects to collect $80,000 annually from the administrative tickets, Newman about $45,000.
"It's another example of Sacramento taking cities' money," Riverbank City Manager Rich Holmer said. "The cities saw an opportunity to make money and once again the state is preventing cities from doing that."
Other jurisdictions issuing their own tickets include Roseville, Long Beach, Oakland and Berkeley.
Oropeza's bill, Senate Bill 949, has passed in the Assembly and state Senate and should be on Gov. Schwarzenegger's desk this week.
A spokeswoman for the governor said Tuesday that he has not yet taken a position on the bill. If he does not sign or veto the bill by Sept. 30, it will become law without his signature.
If the bill becomes a law, it would not take effect until July 2011 to give cities time to adjust to losing the ticket revenue, Oropeza's office said.
Bee staff writer Kevin Valine can be reached at kvaline@modbee.com or 578-2316.
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