BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1223 (Huff) - Driver's licenses: provisional licenses ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 21, 2016 |Policy Vote: T. & H. 10 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 16, 2016 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1223 would expand the applicability of the provisional driver's license program to new drivers under the age of 21, as specified. Fiscal Impact: One-time Department of Motor Vehicles (DMV) implementation costs in 2016-17, likely exceeding $350,000. (Motor Vehicle Account) Background: Existing law provides for a graduated driver's licensing structure and provisional driver's license program that 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 SB 1223 (Huff) Page 1 of ? 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. A provisional licensee must be in possession of certain signed documentation when driving under one of those exceptions. Existing law authorizes a person who is 18 years of age or older to apply for an original driver's license by passing a traffic laws and signs test, among other requirements. There are no graduated driving requirements or provisional restrictions on a person who initially applies for a driver's license at age 18 or older. Proposed Law: SB 1223 would extend the requirements of the provisional driver's license program to drivers under the age of 21, rather than to drivers under the age of 18. The bill also authorizes a provisional licensee who is 18-20 years old to drive an immediate family member without a signed statement from a parent or legal guardian, and to use the following alternative documentation to drive under restricted circumstances: A copy of a class schedule as documentation to authorize driving for school or school-authorized activities A copy of a work schedule as documentation to authorize driving for employment necessity. Related SB 1223 (Huff) Page 2 of ? Legislation: AB 235 (Frazier), which was held on this Committee's Suspense File last year, would have required 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. AB 1801 (Frazier), an identical bill to AB 235, was held on the Assembly Appropriations Committee's Suspense File in 2014. AB 724 (Cooley), which was held on the Assembly Appropriations Committee's Suspense File in 2013, would have extended provisional driver's license requirements to those under the age of 20. Staff Comments: This bill is intended to reduce the incidence of traffic fatalities and accidents caused by young and inexperienced drivers by applying a graduated driver's licensing structure and 12-month restricted driving period to all new drivers under the age of 21. An increasing number of teens wait until they are 18 or older to obtain a driver's license, which means they are not subject to the mandatory driver's training or restricted driving requirements of the provisional driver's license program. Existing data indicates that young drivers without provisional driver's license training have a much higher crash rate than those who undergo a graduated driver's licensing structure. Implementation of the bill would require DMV to make programming changes to revise the applicability of provisional restrictions, and make necessary updates to informational brochures, handbooks, and DMV's website. One-time costs to perform these tasks are expected to exceed $350,000. 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 the recent implementation of AB 60 (Chapter 524/2014), which allows for the issuance of driver's licenses for those without documentation proving legal presence, and AB 1461 (Chapter 729/2015), which provides for automatic voter registration through the DMV, in addition to other SB 1223 (Huff) Page 3 of ? recently-enacted legislation. Given the current backlog, it is unlikely that DMV would be able to complete the programming necessary to implement this bill by the January 1, 2017 operative date without impacting currently scheduled programming priorities. -- END --