BILL ANALYSIS Ó
SB 28
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 28 (Simitian) - As Amended: April 14, 2011
Policy Committee:
TransportationVote:13-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill increases the penalties for using cell phones or
texting while driving a motor vehicle, and prohibits the use of
handheld cell phones for conversing or for texting while riding
a bicycle.
FISCAL EFFECT
1)Unknown increase in fine and penalty revenues, with the
magnitude partly depending on the deterrent effect of the
stiffer penalties for cell-phone use.
As an illustration, in 2010, CHP issued about 12,000 to 14,000
citations for cell phone violations per month. (No comparable
data are available for citations issued by local police or
sheriffs departments). Assuming that (a) the increased
penalties result in improved compliance and a 30% reduction in
citations, and (b) the CHP accounts for about two-thirds of
total cell phone citations statewide, the bill would:
a) Increase base fine revenues by roughly $4 million and
penalty revenues by about $28 million annually.
b) Raise about $6 million for the new Distracted Driver
Education Fund per year.
1)Costs to Department of Motor Vehicles to modify its driving
test likely to be minor and absorbable.
2)Minor costs to county treasurers, which could be reimbursable
from the General Fund. If reimbursable, aggregate mandate
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reimbursement costs could exceed $150,000.
SUMMARY (continued)
Specifically, this bill:
1)Requires the written examination for a driver's license to
include information on dangers of handheld cell phone use and
text messaging while operating a motor vehicle.
2)Assigns a violation point on a motorist's record for second
and subsequent violations of cell phone and texting
prohibitions.
3) Increases the base fine for illegally using a cell phone or
texting from $20 to $50 for the first offense, and from $50 to
$100 for subsequent offenses.
4)Allows texting if the motorist is using a voice-operated,
hands-free texting device.
5)Applies cell phone and texting prohibitions to persons riding
bicycles.
6)Makes a violation of phoning or texting prohibitions while
riding a bicycle punishable by a base fine of $20 for a first
offense and $50 for each subsequent offense, but prohibits the
assignment of a violation point for such offenses, and does
not allow penalties, assessments or other surcharges to be
imposed on the base fines.
7)Repeals the prohibition against a law enforcement officer
stopping a vehicle solely to determine if a driver under the
age of 18 is violating the hands-free cell phone ban that
applies to drivers in that age group.
8)Requires each county treasurer to submit to the Controller $10
from each of the above-described fines. The Controller would
then deposit those revenues into the Distracted Driver
Education Fund, created in the State Treasury by this bill,
for an education program on the dangers of cell phone use and
text messaging while driving.
9)Allows the treasurers to withhold a sufficient amount from
each fine to reimburse the courts in the county for their
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actual, reasonable, and necessary costs associated with
processing those violations.
10) Requires the Legislature, upon appropriation in the Budget
Bill, to allocate this money to the Office of Traffic Safety.
COMMENTS
1)Background . This bill is a follow up measure to three other
bills carried by the author that place limits on use of
hand-held devises for phoning or texting while driving: SB 28,
Chapter 270, Statutes of 2008, which prohibits the use of
hand-held cell phones by all drivers; SB 33, Chapter 214,
Statutes of 2007, which prohibits the use of any cell phone by
drivers under 18; and SB 1613, Chapter 290, Statutes of 2006,
which prohibits text messaging by all drivers. The bill is
very similar to SB 1475 (Simitian, 2010), which was held by
this committee.
2)Purpose . The bill is intended to improve compliance with cell
phone and texting prohibitions. Supporters assert that cell
phone usage remains a major contributor to traffic accidents,
and that stiffer fines and the prospect of higher insurance
rates (resulting from added points on driver records) will
serve as a more effective deterrent.
The bill also seeks to discourage texting or calling (except
with a hands-free device) while riding a bicycle. While
distracted bicyclists do not pose the same risk to others as
distracted motorists, they can nevertheless create major
traffic hazards. The author's office notes that the bill
establishes a comparatively small fine, with no penalty
assessments and no assignment of driver violation points for
bicycle violations.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081