BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 902
                                                                  Page  1

          Date of Hearing:   May 1, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                 AB 902 (Beth Gaines) - As Amended:  March 18, 2013 

          Policy Committee:                               
          TransportationVote:16-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill increases the fine from $50 to $100 for vehicles that  
          fail to follow the "move-over law," which prescribes actions  
          drivers must take on a freeway when passing a stopped emergency  
          vehicle displaying emergency lights or a tow truck or Caltrans  
          vehicle displaying flashing amber warning lights.

           FISCAL EFFECT  

          Potential minor increase in fine-related revenue from the  
          enhanced penalty, depending on the deterrent effect of the  
          increased fine. (While the bill increases base fines by $50, the  
          effective increase will be $205 (from $336 to $541), after state  
          penalty assessments, fees and surcharges are added.) 


           COMMENTS  

           1)Purpose  . SB 1610 (Simitian)/Chapter 375 of 2006, enacted the  
            "move-over law" due to the ongoing concern with the growing  
            numbers of police and emergency workers being injured or  
            killed during routine traffic stops or crash responses. SB  
            1610 also established a $50 fine for a violation of the this  
            law. The author's office contends, "by doubling the fine,  
            drivers will take clearer notice of the Slowdown Move Over law  
            and have a clear incentive to comply, rather than treat it as  
            an insignificant risk as many currently do."

           2)Prior Legislation  . Governor Brown has vetoed similar  
            fine-enhancement legislation. Specifically, SB 28 (2011) and  
            SB 1310 (2012), both by then-Senator Simitian, would have  








                                                                  AB 902
                                                                  Page  2

            increased the based fine by $10 (and increased the total fine  
            by $40) for cell phone use or text messaging while operating a  
            vehicle. The Governor argued that the current penalties were  
            sufficient and doubted the additional deterrent effect of a  
            fine increase.
           
          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081