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 --