BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1310|
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UNFINISHED BUSINESS
Bill No: SB 1310
Author: Simitian (D)
Amended: 8/20/12
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-1, 3/27/12
AYES: DeSaulnier, Harman, Kehoe, Pavley, Rubio, Simitian
NOES: Gaines
NO VOTE RECORDED: Lowenthal, Wyland
SENATE APPROPRIATIONS COMMITTEE : 5-1, 4/30/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Dutton
NO VOTE RECORDED: Walters
SENATE FLOOR : 24-10, 5/14/12
AYES: Alquist, Berryhill, Blakeslee, Corbett, De Le�n,
DeSaulnier, Emmerson, Evans, Hancock, Hernandez, Kehoe,
Leno, Lieu, Liu, Lowenthal, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NOES: Anderson, Calderon, Correa, Dutton, Fuller, Gaines,
Huff, La Malfa, Negrete McLeod, Walters
NO VOTE RECORDED: Cannella, Harman, Padilla, Runner,
Strickland, Wyland
ASSEMBLY FLOOR : 50-24, 8/23/12 - See last page for vote
SUBJECT : Driving while using a wireless communications
device
SOURCE : Author
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DIGEST : This bill increases the penalties related to
using a wireless communications device while operating a
vehicle, and adds dangers of talking or texting while
driving to the list of items that Department of Motor
Vehicles (DMV) must include in an examination for a
driver's license.
Assembly Amendments delete provision related to using a
wireless communication device while bicycling, delete the
requirement for a county treasurer to submit $10 from each
fine collected pursuant to the bill into a fund for
purposes of providing educational programs on the danger of
cellular use and driving, and add double-jointing language
with AB 2188 (Lowenthal) and AB 1536 (Miller).
ANALYSIS : Existing law prohibits, with some exceptions,
a person from using a handheld wireless phone, unless
equipped with hands-free technology, or engaging in
text-based communication (e.g., text messages, instant
messages, or email messages) while operating a motor
vehicle. The base fine is $20 for an initial offense for
either violation and $50 for each subsequent offense.
After all penalty assessments, fees, and surcharges are
added to the base fine, the total bail for a base fine of
$20 is $211 and the total bail for a base fine of $50 is
$331. These two violations are primary offenses such that
a law enforcement officer may stop a driver who he or she
has cause to believe is violating these laws.
In addition, existing law 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 given a value of two
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 DMV
shall either suspend or revoke his/her driver's license. A
conviction of talking or texting while driving does not
currently result in a point.
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Finally, existing law requires specific elements of the
driver's license examination, such as a test of the
applicant's ability to read and understand simple English
used in highway and directional signs.
This bill:
1. Increases the base fine from $20 to $30 for the first
offense and from $50 to $60 for any subsequent offense
of driving while using a handheld wireless
communications device to talk or text, or if a person is
under the age of 18, using any wireless communications
device.
2. Makes it a primary offense for a minor to use a wireless
communications device while driving and therefore allows
officers to stop a vehicle for the sole purpose of
determining whether a driver is a minor and using such a
device.
3. Provides that a point shall be assigned to a driver's
license for a second or subsequent conviction of driving
while using a handheld wireless communications device to
talk or text or, if a driver is under the age of 18,
using any wireless communications device for any purpose
while driving.
4. Adds a test of a driver's understanding of the
distractions and dangers of handheld cellular telephone
use and text messaging while operating a motor vehicle
to the list of items that DMV must include in its
examination of a person who is applying for a driver's
license.
5. Contains double-jointing language with AB 2188
(Lowenthal) and AB 1536 (Miller).
Comments
Purpose . This bill seeks to reduce further traffic
collisions and fatalities related to distracted driving.
According to the author's office, while studies show some
level of compliance with existing laws involving cell phone
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use, improved compliance could lead to fewer collisions and
fatalities on our roads. The author's office claims that
traffic safety experts attempt to improve compliance with
the law through enactment of three strategies: education,
enforcement, and establishing a significant deterrent.
Recent study results . The prohibition against talking or
using a handheld telephone while driving went into effect
on July 1, 2008 and the prohibition against texting while
driving went into effect on January 1, 2009. A recent
analysis, conducted by the Safe Transportation Research and
Education Center at the University of California, Berkeley,
concluded that overall traffic deaths declined 22% since
July of 2008, while handheld cell phone driver deaths went
down 47%. These results tend to indicate that these
traffic laws have provided some benefit, though it is
important to use caution when interpreting these findings
as it is difficult to identify one factor influencing these
outcomes to the exclusion of all others.
According to Office of Traffic Safety (OTS), contributing
to the decline in cell phone related traffic deaths and
injuries is an overall drop in cell phone usage while
driving. A recent OTS survey showed 40% of California
drivers reported talking less since the enactment of the
handheld cell phone ban. This response suggests that some
drivers have adjusted their behavior in response to the
change in law; however it also seems to indicate that many
drivers have not improved behavior at all. This raises the
question of whether the penalty needs to be increased to be
a more effective deterrent, or if some other measure is
required to change people's behavior. OTS Director
Christopher Murphy recently commented that, "While we are
thrilled to see that the handheld ban has worked to reduce
distracted driving crashes and overall cell phone use,
there are still far too many drivers talking and texting
while driving."
Governor's veto . This bill is the same as SB 28
(Simitian), which passed the Senate Transportation and
Housing Committee last year 6 to 3 and which Governor Brown
ultimately vetoed. The author intends to amend the bill in
committee such that it does not increase the base fine
amounts as much, only by the $10 to be directed to fund the
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new educational program. The author is making this change
in response to the Governor's veto message in which he
stated that he supports discouraging cell phone use while
driving, but feels the current fines and penalty
assessments are sufficient deterrents.
The bill is nearly identical to SB 28 (Simitian) of 2011,
which was passed by the Legislature last year but was
vetoed by Governor Brown on the grounds that he believes
the current penalties constitute a sufficient deterrent.
SB 28 would have doubled fines for handheld cellular phone
use while driving (from $20 to $50 for a first offense and
from $50 to $100 for subsequent offenses). To address the
Governor's concerns, the author has substantially reduced
the fine increase proposed in SB 28, increasing fines by
$10 (from $20 to $30 for a first offense and from $50 to
$60 for subsequent offenses).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, this
bill will likely result in an unknown increase in fine and
penalty revenues, redirection of approximately $1.5 million
annually from the General Fund to the Distracted Driver
Education Fund, minor and absorbable costs to DMV to modify
its driving test, and minor costs to county courts, which
could be reimbursed from fine revenue.
SUPPORT : (Verified 6/11/12) (Unable to reverify at time
of writing)
California Bicycle Coalition
Consumers for Auto Reliability and Safety
Driving School Association of California
Metropolitan Transportation Commission
Peace Officers Research Association of California
California Traffic School Association, Inc.
SIMS Metal Management
ASSEMBLY FLOOR : 50-24, 8/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bradford, Brownley, Buchanan, Butler,
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Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Skinner, Solorio, Swanson, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines,
Garrick, Gorell, Grove, Hagman, Halderman, Harkey, Jones,
Knight, Logue, Mansoor, Morrell, Nestande, Nielsen,
Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Bonilla, Roger Hern�ndez, Lara, Miller,
Portantino, Torres
JJA:k 8/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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