BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           159 (Simitian)
          
          Hearing Date:  4/20/09          Amended: 4/2/09
          Consultant: Mark McKenzie       Policy Vote: T&H 9-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 159 would delete the January 1, 2010 sunset  
          date for the "move over" law, which specifies how drivers on a  
          freeway are required to pass a stationary emergency vehicle or  
          tow truck with flashing warning lights.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          Local mandate          non-reimbursable, local crime  
          disclaimerLocal

          Penalty revenue        minor penalty revenue gains      Various

          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  
          
          Existing law, SB 1610 (Simitian), Chapter 375 of 2006, requires  
          drivers approaching an emergency vehicle or tow truck that is  
          stopped on the roadway with its warning lights flashing to merge  
          into an adjacent lane to open up a lane between traffic and the  
          emergency vehicle or tow truck, if safely possible.  Otherwise  
          the driver is required to slow to a safe speed and proceed with  
          due care or as directed by a traffic officer.  A violation of  
          this provision is an infraction punishable by a fine of up to  
          $50.  Existing law also prohibits a tow truck from displaying  
          flashing warning lights on a freeway except when an unusual  
          traffic hazard or extreme hazard exists.  These provisions are  
          scheduled to sunset on January 1, 2010.  

          SB 159 would repeal the January 1, 2010 sunset date on the  
          provisions of the "move over" law, thereby permanently extending  
          the requirement that drivers on a freeway move over or slow down  
          when approaching and passing a stationary emergency vehicle or  










          tow truck that is displaying flashing amber warning lights, as  
          specified.

          Staff notes that by extending a criminal violation, SB 159 would  
          impose a state-mandated local program.  Local agency costs  
          associated with the extension of a crime or infraction are not  
          reimbursable by the state.  The California Highway Patrol  
          reports issuing 106 citations over two years for violations of  
          the "move over" law.  The permanent extension of these  
          provisions would likely result in minor annual penalty revenue  
          gains.