BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 28 (Simitian)
Hearing Date: 04/11/2011 Amended: 04/07/2011
Consultant: Mark McKenzie Policy Vote: T&H 6-3
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BILL SUMMARY: SB 28 would make the following changes related to
the laws prohibiting the use of a handheld electronic
communication device while driving:
Require the Department of Motor Vehicles (DMV) driver's
license examination to include a test of the applicants
understanding of the distractions and dangers of handheld cell
phone use and text messaging while driving.
Increase the base fines for using an electronic communication
device while driving from $20 to $50 for a first offense, and
from $50 to $100 for a subsequent offense.
Assign a driver's license violation point for a second or
subsequent conviction of using an electronic communication
device while driving, as specified.
Authorize primary enforcement of a violation for using any
wireless communication device for drivers under the age of 18.
Allow a driver to text while driving if using a
voice-operated, hands-free device.
Extend the prohibition against handheld cell phone use and
text messaging to bicycle riders, and impose a total fine of
$20 for a first offense and $50 for a subsequent offense. A
violation point would not be assessed for a bicycle violation.
Require a county treasurer to submit $10 from each fine
collected for these violations to the State Controller for an
education program on the dangers of cell phone use and text
messaging while driving. The funds would be deposited into a
new Distracted Driver Education Fund and allocated to the
Office of Traffic Safety (OTS) upon appropriation by the
Legislature in the Budget Bill.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Penalty revenues Unknown increase in penalty
revenuesVarious*
DMV: license exam minor costs, if any, to include specific
Special**
questions on driver's license exam
Education program fundsunknown revenue gains from fines
collected Special***
for use by OTS for education program
SB 28 (Simitian)
Page 3
Courts: programming costs unknown costs, in the range of
$150-$300 General
(see staff comments)
Local mandate likely minor costs to county
treasurers,General
____________ potentially reimbursable (see staff
comments)
* General Fund, various special funds, and local funds, pursuant
to statutory formulas.
** Motor Vehicle Account
*** Distracted Driver Education Fund (created by this bill)
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
The bill explicitly requires DMV to include a test of an
applicant's understanding of the dangers of handheld cell phone
use and text messaging while driving on the driver's license
examination. Existing law explicitly requires the examination
to include a test of the applicant's knowledge and understanding
of laws governing the operation of vehicles, the ability to read
and understand simple English used in traffic and directional
signs, and an understanding of traffic signs and symbols. DMV's
current 18-question examination already includes a specific
question about distracted driving, so any costs to update
manuals and retain a question on the examination would be
absorbable. Programming costs to add a violation point to
specified convictions would also be minor.
This bill would increase the base fines for distracted driving,
and establish new penalties for riding a bicycle while using an
electronic communication device. The total bail amounts imposed
for convictions on drivers using a handheld communications
device include the base fine and any applicable penalties,
assessments, surcharges, or fees specified in existing law. For
example, the total bail on a $20 base fine would be $208, the
total bail on a $50 base fine would be $328, and the total bail
on a $100 base fine would be $528. Staff notes that the
increase in base fines for convicted drivers and the additional
total fine for convicted bicyclists would result in additional
revenue to the agency issuing the citation, as well as
significant increases in penalty revenues that would benefit the
General Fund, and other special and local funds pursuant to
SB 28 (Simitian)
Page 4
statutory formulas. The magnitude of the increase would depend
partly on the deterrent effect of the increased fines for
cellphone use. For illustrative purposes, if one assumed that
the California Highway Patrol accounts for two-thirds of the
total statewide distracted driving violations, and the deterrent
of increased penalties resulted in a 30% decrease in the number
of citations, the bill would increase base fine revenues by
approximately $4 million, increase penalty revenues by about $28
million, and raise about $6 million a year for the new
Distracted Driver Education Fund.
The bill specifies that the fines that apply to bicyclists are
not subject to additional penalties, assessments, surcharges, or
fees that would apply to the base fine imposed on convicted
drivers. Existing court case management systems are programmed
to automatically add penalty assessments on convictions, so the
requirement to withhold the assignment of these additional
amounts would compel the courts to incur one-time programming
costs to withhold the assignment of penalty assessments on
convictions that apply to bicyclists. The Judicial Council
reports that statewide, the courts currently use 70 different
case management systems, each of which vary in capacity and
capability. Costs to reprogram these systems are unknown but
potentially significant, likely in the range of $150,000 to
$300,000 statewide. Staff recommends an amendment to authorize
the courts to recover their actual, reasonable, and necessary
costs associated with administering this provision from fines
collected for convictions. Acceptance of this amendment would
alleviate General Fund costs for programming.
SB 28 would also require the county treasurer to submit $10 from
each fine collected to the State Controller, and require the
Controller to deposit those funds in the Distracted Driver
Education Fund for an education program on the dangers of
distracted driving. The funds would be available to the Office
of Traffic Safety for this purpose, upon appropriation by the
Legislature. OTS administers traffic safety grant funds,
primarily
federal funds, for programs intended to reduce deaths, injuries,
and economic losses resulting from traffic collisions. The
funds generated by this bill would supplement existing
educational and outreach efforts related to distracted driving.
SB 28 (Simitian)
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The bill creates a potentially reimbursable state-mandated local
program by placing new duties on county treasurers. While costs
associated with transferring $10 from each distracted driver
fine to the Controller may qualify for reimbursement, staff
estimates that they would be minor as county treasurers
currently administer the distribution of numerous fines and
penalties to various state and local entities. Adding this one
new duty would not be burdensome and it is not likely that a
county would seek reimbursement from the state.