BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 737            Hearing Date:     4/28/2015
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          |Author:   |Stone                                                 |
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          |Version:  |2/27/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
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          SUBJECT:  Penalties for texting while driving


            DIGEST:  This bill increases penalties (fine and violation  
          points) for texting while driving for both adults and minors.

          ANALYSIS:
          
          Existing law:
          
          1)Prohibits a person from driving a motor vehicle while writing,  
            sending, or reading text-based communication (texts), unless  
            they are doing so on a device that allows voice-operated and  
            hands-free operation to dictate, send, or listen to the  
            text-based communication.

          2)Prohibits a person below the age of 18 (minor) from driving a  
            motor vehicle while using a wireless telephone or other  
            electronic wireless communications device even if the device  
            is equipped with a hands-free option.

          3)Sets the penalty for violating the above provisions as an  
            adult or as a minor at $20 for the first offense and $50 for  
            subsequent offenses.

          4)Assigns violation point counts to convictions of specified  
            violations of the Vehicle Code.  Most moving violations, such  
            as speeding, causing a traffic accident, or failing to  
            restrain a child properly, are considered an infraction and  
            subject to one violation point.  More serious offenses are  







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            given a value of two violation points.  A person whose driving  
            record shows a violation point count of four or more points in  
            12 months, six or more points in 24 months, or eight or more  
            points in 36 months is presumed to be a negligent operator and  
            the Department of Motor Vehicles (DMV) may either suspend or  
            revoke his or her driver's license.  A conviction of talking  
            or texting while driving does not currently result in a point.
          
          This bill:

          1)Increases the penalty for adults and minors who use an  
            electronic wireless communications device to write, send, or  
            read texts while driving to a base fine of $40 for a first  
            offense and $100 for subsequent offenses.

          2)Allows the assignment of violation points to adults and minors  
            upon a conviction of driving a motor vehicle while texting.

          3)Does not increase the penalty for minors in the case of  
            violation of the use of a wireless telephone while driving.   
            This fine would remain at $20/$50.

          4)Prohibits the assignment of a violation point to minors upon  
            conviction of driving a motor vehicle while using a wireless  
            telephone.
          
          COMMENTS:

          1)Purpose.  The author contends that distracted driving is the  
            cause of numerous accidents in California and has serious, if  
            not fatal, consequences.  The author states that the current  
            fines for texting while driving have led to a decrease in  
            distracted driving, but more must be done as the problem still  
            persists in California.
          
          2)Distracted driving.  According to the Office of Traffic  
            Safety, 80% of vehicle crashes involve some sort of driver  
            inattention.  Up to 3,000 people yearly are killed nationwide  
            in crashes where driver distractions are involved.  

            In 2014, more than 50% of Californians surveyed said that  
            texting while driving is the most serious distraction for  
            drivers and that it posed the biggest safety problem on  
            California roadways.  Despite the recognition of the  
            seriousness of the problem, many California drivers  








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            participate in this activity.  In 2014, nearly 53% of  
            California drivers admitted to making a driving mistake while  
            talking on a cell phone.  A nationwide Harris poll last year  
            found that 59% of adult drivers admitted to talking on a  
            handheld cellphone while behind the wheel, and 37% said they  
            engaged in texting.

            In 2013, the DMV reported more than 426,000 handheld cell  
            phone and texting convictions, with more than 57,000 tickets  
            issued in April alone.  However, these incidents are  
            decreasing.  The total percentage of distracted driving due to  
            electronic devices observed decreased from 7.4% in 2013 to  
            6.4% in 2014, a 13.5% reduction and the lowest since surveys  
            began in 2011. 
          
          3)Small fines can lead to big problems for some Californians.   
            The base fines for a conviction of texting while driving have  
            remained constant since they were instituted in 2008.   
            However, penalty assessments, fees, and surcharges do not  
            remain the same, so the out-of-pocket costs for violations  
            have been steadily increasing each year.  Since 2008, the  
            overall payment for a base fine of $50 has gone up almost  
            200%, while the payment for a base fine of $20 has increased  
            almost 300%.  Even without considering the additional burden  
            of increased fines, the hardship that many people face in  
            paying off fines and late fees for traffic violations has  
            driven legislators to propose legislation for amnesty (SB 405,  
            Hertzberg, 2015).  

                   -------------------------------------------- 
                  |YEAR     |Cost of $20 base |Cost of $50     |
                  |         |fine             |base fine       |
                  |---------+-----------------+----------------|
                  |2008     |     $   76      |     $ 190      |
                  |---------+-----------------+----------------|
                  |2011     |      $ 208      |     $ 328      |
                  |---------+-----------------+----------------|
                  |2012     |      $ 211      |     $ 331      |
                  |---------+-----------------+----------------|
                  |2015     |      $ 213      |$               |
                  |         |                 |336             |
                  |         |                 |                |
                   -------------------------------------------- 

          4)Wireless telephones versus electronic wireless communications  








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            device.  The author states that the intent of this bill is to  
            increase the penalty for all persons who text while driving,  
            but not to increase the penalty for minors that talk on a cell  
            phone while driving, which the author purports is a less  
            dangerous activity.  To this end the author establishes a  
            distinction in statute between using a wireless telephone and  
            an electronic wireless communications device and imposes  
            increased penalties for operating the latter.  Electronic  
            wireless communications devices are defined in statute to  
            include:  a broadband personal communication device,  
            specialized mobile radio device, handheld device or laptop  
            computer with mobile data access, pager, and two-way messaging  
            device.  The language of the current bill may lead to some  
            confusion as most texting occurs on smartphones or other  
            mobile phones, which should be categorized as wireless  
            telephones, not separate devices solely intended for texting.   
            In other words, the use of a wireless telephone is not limited  
            to talking, but this language does not distinguish this fact.

            The committee may wish to amend this bill to clarify the  
            intent.   

          5)Fourth time's the charm?  The legislature has passed similar  
            bills but all were vetoed by the Governor.  A proposal to  
            increase fines from $20 to $50 and $50 to $100 (SB 28,  
            Simitian, 2011) and a similar proposal of smaller increases of  
            $20 to $30 and $50 to $60 (SB 1310, Simitian, 2012) were both  
            vetoed by Governor Brown.  In his veto messages, the Governor  
            stated his support of discouraging cell phone use while  
            driving, but did not agree with the increase of penalties that  
            the legislation mandated.  Governor Brown also vetoed a bill  
            that would have assessed a violation point for texting while  
            driving (SB 1646, Frazier, 2014), stating that it would  
            adversely affect a driver's ability to obtain affordable  
            insurance.  

          6)Arguments in support.  Impact Teen Drivers emphasizes the  
            danger of texting, stating that the activity takes a driver's  
            eyes off the road for an average of five seconds, long enough  
            to travel the length of a football field at 55 miles per hour.  
             They assert that this bill will hold the offender accountable  
            and serve as a deterrent, which will reduce the number of  
            offenders over time and hopefully save lives.  

          7)Arguments in opposition.  The California Teamsters Public  








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            Affairs Council agrees with Governor Brown that the fines are  
            already too high at the present level when the penalty  
            assessments are included.  Also, they contend that adding  
            points to a license puts more drivers at risk of losing their  
            licenses, which they believe to be an excessive punishment.
          
          RELATED LEGISLATION:
          
          AB 1646 (Frazier, 2014) - would have assessed a violation point  
          for conviction of using a wireless communication device while  
          operating a vehicle.  AB 1646 was vetoed by Governor Brown.

          SB 194 (Galgiani, Chapter 754, Statutes of 2013) - prohibits a  
          person who is under 18 years of age from using an electronic  
          wireless communications device, as defined, even if it is  
          equipped with a hands-free device.  This statute also imposes a  
          base fine of $20 for a first offense and $50 for subsequent  
          offenses.  
          
          AB 313 (Frazier, 2013) - would have prohibited the use of  
          voice-operated, hands-free texting devices while driving.  AB  
          313 failed in Assembly Appropriations.
          
          SB 1310 (Simitian, 2012) - would have increased the penalties  
          related to using a wireless communications device while  
          operating a vehicle from $20 to $30 for a first offense and from  
          $50 to $60 for subsequent offenses.  SB 1310 was vetoed by  
          Governor Brown.
           
          SB 28 (Simitian, 2011) - would have increased the penalties  
          related to using a wireless communications device while  
          operating a vehicle from $20 to $50 for a first offense and from  
          $50 to $100 for subsequent offenses.  SB 28 was vetoed by  
          Governor Brown. 
          
          SB 28 (Simitian, Chapter 270, Statutes of 2008) - prohibits a  
          person from writing, sending, or reading text-based  
          communications while operating a motor vehicle.  This statute  
          makes a violation an infraction subject to a base fine of $20  
          for a first offense and $50 for each subsequent offense, but  
          specifies these offenses do not result in a violation point  
          being added to the person's driving record.
          
          SB 33 (Simitian, Chapter 214, Statutes of 2007) - prohibits a  
          driver under the age of 18 from using a wireless telephone or  








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          any other mobile service device while operating a motor vehicle.  
           This statute also imposes a base fine of $20 for a first  
          offense and $50 for subsequent offenses.  
          
          SB 1613 (Simitian, Chapter 290, Statutes of 2006) - prohibits a  
          person from using a cell phone while operating a motor vehicle,  
          and subjects violators to base fines of $20 and $50 for first  
          and subsequent violations, respectively.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 22, 2015.)

          SUPPORT:  

          Impact Teen Drivers

          OPPOSITION:

          California Teamsters Public Affairs Council
          
          

                                      -- END --