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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Vigil

 

DATE TYPED:

2/11/03

HB

351

 

SHORT TITLE:

Fines for Driving Below Safe Minimum Speed

 

SB

 

 

 

ANALYST:

Wilson

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

 

Unknown

Recurring

OSF

 

SOURCES OF INFORMATION

 

Responses Received From

 

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

State Highway and Transportation Department (SHTD)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 351 increases the fine for driving below the safe minimum speed from $10 to $25, and changes some technical statutory language

 

     Significant Issues

 

The SHTD supports the concept of maintaining the appropriate minimum safe speed in a vehicle as an important traffic safety consideration.  However, a small increase in the fine associated with this offense will likely have any significant deterrent effect.

FISCAL IMPLICATIONS

 

SHTD has no information regarding the number of minimum speed offenses for which penalty assessments are issued each year.  Presumably, the number is small and the revenue impact will be negligible.

 

SHTD notes a number of “add-on fees” are associated with any penalty assessment violation. The additional “fees” of either $33 or $39 include: $10 court automation fee; $3 traffic safety fee;  $1 judicial education fee; $5 brain injury services fee; $10 court facilities fee ($14 in metropolitan court jurisdictions); and, $10 local government corrections fee (applicable outside metropolitan court jurisdictions).

 

The AOC notes there will be a minimal administrative cost for statewide update, distribution, and documentation of statutory changes. They further state the increased fine will cause more people to challenge a charge of driving below the safe minimum speed and will call for increased judicial resources.

 

TECHNICAL ISSUES

 

DPS wants serious consideration given to clarification of existing statute to include below posted speed guidelines, and also to include specific wording that vehicles traveling at or slower than the posted speed utilize the rightmost lane of traffic, unless passing or overtaking another vehicle.  This may include wording specifically directed at commercial vehicles, such as trucks and buses. Also, this would provide the opportunity for proper signage to further enforce and emphasize the statute.  A similar statute exists in Texas and Arizona.

 

DW/yr:prr