ARIZONA HOUSE OF REPRESENTATIVES
Forty-ninth Legislature – First Regular Session
Minutes of Meeting
House Hearing Room 3 -- 9:00 a.m.
Chairman Biggs called the meeting to order at 9:00 a.m. and attendance was noted by the secretary.
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Mrs. Burges |
Mr. Meyer |
Mr. Antenori, Vice-Chairman |
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Mr. Crump |
Ms. Waters |
Mr. Biggs, Chairman |
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Mrs. McLain |
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Mr. Farley (excused) |
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Introduction of Members and Staff
Chairman Biggs welcomed everyone to the first Transportation and Infrastructure Committee and invited the Members to introduce themselves. Chairman Biggs introduced House Staff, including Majority Research Staff Director and Analyst, John Halikowski, Majority Research Intern, Laureen Stadle, Democratic Research Analyst and Senior Economist, Mark Bogart, Democratic Research Intern, Joseph Fu, Committee Secretary Sarah Griffith, House Pages Kelsey Rivington and Tommie Cewulka.
Vice-Chairman Antenori moved that the Committee adopt the Committee Rules (Attachment 1). The motion carried.
Appointment of Committee of Reference
Chairman Biggs announced his appointment of Mr. Antenori, Chairman, Mr. Crump, Mr. Farley, Mrs. McLain and Ms. Waters to the Committee of Reference.
CONSIDERATION OF BILLS
HB2106- prohibit photo radar; state highways - DO PASS
Vice-Chairman Antenori moved that HB2106 do pass.
John Halikowski, Majority Research Analyst, explained that HB2106 prohibits a state or local authority from using photo enforcement systems to detect speeding violations on state highways. He continued that HB2106 repeals the state photo enforcement system and the photo enforcement fund established in 2008 (Attachment 2).
Mr. Crump, Sponsor, explained HB2106, raising several points regarding highway safety, legal issues, public confusion, danger factors and revenue versus safety issues.
Felicia Kurz, representing herself, testified against HB2106, stating that she believes that photo enforcement radar makes the roads and highways safer. She continued that a combination of the photo radar system and the presence of Department of Public Safety Officers seems ideal.
Andrea Garcia, representing herself, spoke in support of HB2106, and added that she believes the cameras are more about revenue for the State and less about safety.
Parker Miller, representing himself, spoke in support of HB2106, testifying that the cameras cause serious safety issues including panic braking (sudden stopping). He answered Members’ questions regarding the distance that truckers keep behind the vehicle in front of them and the stopping time for the type of truck that he drives.
Brad Bensen, representing himself, testified in support of HB2106, stating that he believes in liberty and does not support private companies profiting from enforcing traffic laws. He expressed concern over becoming a service-based economy.
Ryan Denke, representing himself, spoke in support of HB2106, and suggested the bill be expanded to include the removal of all photo devices from all streets in the state. He listed those individuals that were exempt from receiving a photo citation or faced a reduced chance of receiving one and declared the unfairness of such unequal penalties.
Shawn Dow, representing himself, testified in support of HB2106, stating that the cameras are unconstitutional, that every driver is recorded by these cameras and that people never got the right to vote on this legislation. He thanked the legislators for taking this step and declared that the people of Arizona were going to take all the cameras down through the citizens' initiative ballot. He answered questions from Members.
Alan Halls, representing himself, spoke in support of HB2106, stating that he had received both, accurate and faulty tickets for speeding and worried about watching his speed more than watching the road.
Chairman Biggs recognized people who were in support of HB2106 who did not speak:
Christopher Broughton, representing self
Dustin Deppe, representing self
Dave Kopp, President, Arizona Citizens Defense League, Incorporated
John Delasaux, representing self
Chairman Biggs recognized people who were neutral on HB2106 who did not speak:
Robert Ticer, Lieutenant, Arizona Department of Public Safety
Mike Williams, Redflex Traffic Systems
Molly Edwards, President, Redflex
Tom Woodward, Commander, Arizona Department of Public Safety
Jeffrey King, Lieutenant, Arizona Department of Public Safety
Chairman Biggs recognized people who were against HB2106 who did speak:
Stan Barnes, American Traffic Solutions
Margaret Snider, representing herself
Molly Edwards, President, Redflex Traffic Systems, responded to Mr. Meyer’s question regarding camera technology, stating that if a vehicle is speeding a photo is taken of that vehicle and there is no ongoing surveillance. Discussion ensued.
Tom Woodward, Commander, East Valley Bureau, Arizona Department of Public Safety (DPS), responded to Mr. Meyer’s question regarding the oversight of cameras that DPS does separate from Redflex, that ensures that people photographed by the cameras are actually speeding. He stated that DPS does confirm each violation and explained that DPS has full access to the camera footage. He clarified that there is indeed streaming video of all traffic including their mobile systems. He confirmed that the streaming video has been used in investigations of fatal collisions where a suspect has fled the scene, for example. Discussion ensued.
Chairman Biggs passed out to the Members a map of where the cameras are located in the Valley (Phoenix) from DPS (Attachment 3) and a Court Scatter gram from Redflex out of Prescott Valley, Arizona (Attachment 4).
Mr. Antenori asked if these videos can be subpoenaed through the State for defense or prosecution purposes for crimes that have nothing to do with speed enforcement. Commander Woodward answered that it would be inappropriate for him to comment on rules of evidence and disclosure. He stated that DPS has used information from videos in investigations for hit and run collisions. Discussion ensued.
Jeff King, Lieutenant, Arizona Department of Public Safety, referred to the Arizona State University 2007 study by Dr. Simon Washington with the Department of Civil and Environmental Engineering, stating that in targeted collisions there was a was fifty-four percent reduction in fatalities during free flow traffic (with the placement of photo enforcement cameras). Discussion ensued regarding criminal and civil citations and penalties for speeding.
Chairman Biggs passed around to the Members for review, a copy of Solicitation Number L8‑022 from DPS, which included an introduction to Redflex usage of cameras for tailgating infractions and equipment locations in an enforcement zone (Attachment 5).
Mr. Crump asked Mr. Halikowski if the contract between the State and Redflex would be valid if the cameras were determined to be unconstitutional. Mr. Halikowski responded that he would have to consult with House legal counsel. Discussion ensued.
Question was called on the motion that HB2106 do pass. The motion carried by a roll call vote of 5-2-0-1 (Attachment 6).
Without objection the meeting adjourned at 11:17 a.m.
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___________________________________ Sarah Griffith, Committee Secretary February 02, 2009 |
(Original minutes, attachments and audio on file in the Chief Clerk’s Office: video archives available at http://www.azleg.gov).
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COMMITTEE ON TRANSPORTATION
AND INFRASTRUCTURE
2
January 22, 2009
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