BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 840
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 840 (Ammiano)
          As Amended  May 24, 2013
          Majority vote 

           TRANSPORTATION      10-2        APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gordon, Ammiano,          |Ayes:|Gatto, Bocanegra,         |
          |     |Blumenfield, Bonta, Daly, |     |Bradford,                 |
          |     |Frazier, Gatto, Holden,   |     |Ian Calderon, Campos,     |
          |     |Nazarian, Quirk-Silva     |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Ammiano, Pan, Quirk,      |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Linder, Patterson         |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Department of Motor Vehicles (DMV) to  
          have on every application for an original or renewal of a  
          driver's license a statement requiring the applicant to  
          acknowledge that he or she understands the dangers of distracted  
          driving.   Specifically,  this bill:  
          
          1)Requires DMV to print on all original or renewal driver's  
            license applications a statement that requires the applicant  
            to acknowledge that they understand the dangers of distracted  
            driving.  

          2)Provides clarification on the various forms of distracted  
            driving that are subject to the provisions of this bill.  

          3)Delays implementation of the provisions within this bill until  
            either: 

             a)   The next reprinting of driver's license applications;  
               or, 

             b)   On or after January 1, 2014.  

           EXISTING LAW  : 









                                                                  AB 840
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          1)Requires every application for an original or renewal of a  
            driver's license to contain specified information about the  
            applicant, including, but not limited to: 

             a)   True full name, age, residence address, and social  
               security number; 

             b)   A brief description of the applicant for purposes of  
               identification; and,

             c)   A legible thumb or finger print.   

          1)Requires every applicant to also acknowledge: 

             a)   Whether they have ever previously been refused a  
               driver's license in this state;

             b)   Whether in the last three years they have experienced,  
               on one or more occasions, a lapse of consciousness or has a  
               disease, disorder, or disability that may impact their  
               ability to exercise reasonable control when operating a  
               motor vehicle upon a highway; and,

             c)   Whether they understand traffic signs and signals.  

          1)Establishes the owner of a motor vehicle to be liable and  
            responsible for the death or injury of a person or property  
            resulting from a negligent or wrongful act or omission in the  
            operation of the motor vehicle.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, one-time special fund costs to the DMV of $150,000  
          for programming to modify online and renewal by mail forms.   
          (Motor Vehicle Account)

           COMMENTS  :  The current DMV application for a driver's license or  
          identification card is a four-page document and requires  
          specific personal information to be completed.  Upon completion,  
          a person is to sign under penalty of perjury, the application  
          which also encompasses a number of disclosure statements and  
          certifications.  This bill would, within the abovementioned  
          acknowledgements, also include a statement that the applicant is  
          aware of the dangers associated with distracted driving.  









                                                                  AB 840
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          The author asserts that law enforcement often has a hard time  
          prosecuting drivers involved in an accident resulting from  
          distracted driving.  To be successful, the prosecution must be  
          able to prove that a driver knew, or should have known, that  
          distracted driving is dangerous.  Thus, the author contends this  
          bill will allow local law enforcement agencies to prosecute  
          these violations that have resulted in an accident causing  
          serious injury or death by establishing "intent" that the driver  
          is aware that distracted driving is dangerous.  

          This bill was amended in the Assembly Appropriations Committee  
          to provide additional clarification on what constitutes  
          "distracted driving."  The amendments specify that distracted  
          driving shall include, but not be limited to, manual, visual,  
          and cognitive distractions.  This bill was also amended to delay  
          implementation in order to avoid the cost associated for the  
          destruction of existing forms and the programming to modify  
          online and renewal by mail forms.  

          AB 2173, (Parra), Chapter 502, Statutes of 2004, addressed a  
          similar policy issue associated with persons convicted of  
          driving under the influence (DUIs) violations.  AB 2173 required  
          these convicted drivers to sign a statement issued by a court  
          which clearly details the public safety threats associated with  
          driving under the influence.  The intent behind AB 2173 was to  
          clearly establish "implied malice" against a driver when the  
          driver conducts "an act with high probability that it will  
          result in death and does it with a base antisocial motive and  
          with a wonton disregard for human life."  As a result, AB 2173  
          provided clarification in statute to eliminate the opportunity  
          for repeat DUI offenders to claim they were not informed on the  
          dangers of driving under the influence, and in turn, greatly  
          improved local law enforcement agencies' ability to prosecute  
          and convict under more severe penalties.  
           

          Analysis Prepared by  :    Manny Leon / TRANS. / (916) 319-2093 

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