BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1475 (Simitian)
Hearing Date: 05/10/2010 Amended: 05/04/2010
Consultant: Mark McKenzie Policy Vote: T&H 6-1
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BILL SUMMARY: SB 1475 would make the following changes related
to the laws prohibiting the use of electronic communication
devices while driving:
Require the Department of Motor Vehicles (DMV) driver's
license examination to include a test of the applicants
understanding of the distractions and dangers of handheld cell
phone use and text messaging while driving.
Increase the base fines for using an electronic communication
device while driving from $20 to $50 for a first offense, and
from $50 to $100 for a subsequent offense.
Extend the prohibition against handheld cell phone use and
text messaging to bicycle riders, and impose a total fine of
$20 for a first offense and $50 for a subsequent offense. A
violation point would not be assessed for a bicycle violation.
Extend the prohibition against any cell phone use while
driving for a driver under 18 years of age to bicycle riders,
and impose a base fine of $50 for a first offense and $100 for
subsequent offenses for young persons cited for driving or
bicycling while using a wireless communication device.
Authorize primary enforcement of a violation for using a
wireless communication device for drivers under the age of 18.
Require a county treasurer to submit $10 from each fine
collected for these violations to the State Controller for an
education program on the dangers of cell phone use and text
messaging while driving. The funds would be allocated to the
Office of Traffic Safety upon appropriation by the Legislature
in the Budget Bill.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Penalty revenues Unknown increase in penalty
revenuesVarious*
DMV: license exam minor costs, if any to include specific
Special**
questions on driver's license exam
Education program fundsunknown revenue gains from fines
collected Special***
for use by OTS for education program
Local mandate minor costs to county treasurers,
potentially General
____________ reimbursable
* Penalty revenues are distributed by statutory formula to the
General Fund, various special funds, and local funds.
** Motor Vehicle Account
*** New special fund (see staff comments for recommended
amendment)
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STAFF COMMENTS:
Page 2
SB 1475 (Simitian)
This bill is intended to increase compliance with laws
prohibiting the use of electronic communication devices while
operating a vehicle, and to raise awareness about the dangers of
distracted driving.
The bill explicitly requires DMV to include a test of an
applicant's understanding of the dangers of handheld cell phone
use and text messaging while driving on the driver's license
examination. Existing law explicitly requires the examination
to include a test of the applicant's knowledge and understanding
of laws governing the operation of vehicles, the ability to read
and understand simple English used in traffic and directional
signs, and an understanding of traffic signs and symbols. DMV's
current 18-question examination already includes a specific
question about distracted driving, so any costs to update
manuals and retain a question on the examination would be
absorbable.
This bill would increase the base fines for distracted driving,
and establish new penalties for riding a bicycle while using an
electronic communication device. Staff notes that the total
bail amounts for each base fine imposed in this bill are as
follows:
$20 base fine + $56 in penalty assessments + $65 in court fees
= $141 total.
$50 base fine + $140 in penalty assessments + $65 in court
fees = $255 total.
$100 base fine + $280 in penalty assessments + $65 in court
fees = $445 total.
SB 1264 would also require the county treasurer to submit $10
from each fine collected to the State Controller, and require
the Controller to deposit those funds in "a special account in
the State Treasury" for an education program on the dangers of
distracted driving. The funds would be available to the Office
of Traffic Safety (OTS) for this purpose, upon appropriation by
the Legislature. OTS administers traffic safety grant funds,
primarily federal funds, for programs intended to reduce deaths,
injuries, and economic losses resulting from traffic collisions.
While OTS would be the appropriate state entity to administer
an education program on the dangers of distracted driving, staff
suggests an amendment to create a new special fund or account
for the funds transferred from county treasurers for this
purpose. This would provide the Legislature with readily
available information on the amount of funds collected each year
that would be available for appropriation in the Budget Bill.
The bill creates a potentially reimbursable state-mandated local
program by placing new duties on county treasurers. While costs
associated with transferring $10 from each distracted driver
fine to the Controller may qualify for reimbursement, staff
estimates that they would be minor as county treasurers
currently administer the distribution of fines and penalties to
various state and local entities. Adding this one new duty
would not be burdensome and its not likely that a county would
seek reimbursement from the state.