BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 235 (Frazier) - Driver's licenses:  provisional licenses
          
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          |Version: February 5, 2015       |Policy Vote: T. & H. 10 - 1     |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Mark McKenzie       |
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          This bill meets the criteria for referral to the Suspense File. 







          Bill  
          Summary:  AB 235 would require specified provisional driver's  
          license restrictions to remain in effect until the end of the  
          provisional period at age 18, instead of 12 months after  
          issuance of the provisional license. 


          Fiscal  
          Impact:  One-time Department of Motor Vehicles (DMV)  
          implementation costs of approximately $200,000 in 2015-16.  
          (Motor Vehicle Account)


          Background:  Existing law provides for a graduated driver's licensing  
          structure and provisional driver's license program that  







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          restricts the driving privileges of young drivers under the age  
          of 18 in light of their operating inexperience.  Prior to  
          applying for a provisional license, a person at least 15-1/2  
          years of age may apply for an instructional permit.  A young  
          driver must hold the instructional permit for at least six  
          months, complete specified driver training instruction, document  
          50 hours of supervised driving practice, including at least 10  
          hours of driving during darkness, and successfully complete  
          DMV's examination requirements prior to applying for a  
          provisional license.  

          During the first 12 months following issuance of a provisional  
          license to a person between the ages of 16 and 18, the licensee  
          is prohibited from driving between 11 p.m. and 5 a.m. and  
          transporting passengers under the age of 20, unless accompanied  
          by a parent, driving instructor, or a licensed driver who is at  
          least 25 years old.  Existing law provides exceptions to these  
          restrictions and requirements in cases of medical necessity,  
          school activities, employment necessity, and transporting  
          immediate family members, as specified.


          Proposed Law:  
            AB 235 would prohibit provisional driver's license holders  
          from transporting passengers under 20 years of age and from  
          driving between 11 p.m. and 5 a.m. until the end of the  
          provisional period at age 18, rather than during the first 12  
          months after issuance of a provisional license.  Current  
          exceptions to these restrictions would remain in effect.


          Related  
          Legislation:  AB 1801 (Frazier), an identical bill, was held on  
          the Assembly Appropriations Committee's Suspense File last year.
          AB 1113 (Frazier), which was vetoed by Governor Brown in 2013,  
          contained several provisions that would have enhanced  
          restrictions on provisional driver's license holders, including  
          the provision contained in this bill.  The Governor's veto  
          message noted that the current restrictions have been effective  
          in saving lives, but also stated the following:


               Rather than imposing yet even more restrictions on a  
               teenager's driving privilege, I am directing the Department  








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               of Motor Vehicles, California Highway Patrol, and Office of  
               Traffic Safety to implement a teen driver training and  
               education program to improve transportation safety for  
               provisional drivers.




          Staff  
          Comments:  This bill is intended to reduce the incidence of  
          traffic fatalities and accidents caused by teenage drivers by  
          increasing the restrictions on teen drivers operating a vehicle  
          under the provisional licensing program.  Motor vehicle  
          accidents are the leading cause of teen deaths in the United  
          States, accounting for nearly one-third of all deaths among 16  
          to 19 year olds.
          DMV indicates it would incur one-time costs of approximately  
          $200,000 in 2015-16 as a result of the bill.  Implementation of  
          the bill would require programming changes to extend the length  
          of restrictions and reflect the new restriction verbiage printed  
          on the provisional license, and updates to informational  
          brochures, handbooks, and DMV's website.


          Staff notes that DMV has a significant programming backlog of  
          federal and state mandates.  These include federally-mandated  
          changes to the Commercial Driver License System, compliance with  
          which is tied to federal transportation funding, and state  
          mandates such as programming for the veteran designation on  
          driver's licenses and IDs (AB 935, Chap 644/2014) and the  
          issuance of free ID cards for homeless applicants (AB 1733, Chap  
          764/2014).  Given the backlog, it is unlikely that DMV would be  
          able to complete the programming necessary to implement this  
          bill by the January 1, 2016 operative date without impacting  
          currently scheduled programming priorities.




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