BILL NUMBER: AB 509 CHAPTERED 10/03/01 CHAPTER 457 FILED WITH SECRETARY OF STATE OCTOBER 3, 2001 APPROVED BY GOVERNOR OCTOBER 2, 2001 PASSED THE ASSEMBLY SEPTEMBER 4, 2001 PASSED THE SENATE AUGUST 30, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 12, 2001 AMENDED IN ASSEMBLY MAY 7, 2001 AMENDED IN ASSEMBLY MARCH 28, 2001 INTRODUCED BY Assembly Member Leach FEBRUARY 21, 2001 An act to amend Sections 626, 11200, and 11208 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 509, Leach. Traffic violator schools. (1) Existing law requires the Department of Motor Vehicles to license schools for traffic violators for purposes of providing traffic safety instruction to those persons referred to the schools by courts. This bill would provide that the traffic violator schools are also licensed for purposes of providing traffic safety instruction to other persons who elect to attend. The bill would make related and conforming changes. (2) Existing law requires the department to license driving schools and schools for traffic violators in accordance with separate provisions. This bill would require any person who elects to attend a traffic violator school to receive from the traffic violator school and to sign a copy of a prescribed consumer disclosure statement concerning the different training, regulatory standards, and Vehicle Code requirements of licensed driving schools and licensed traffic violator schools prior to the payment of the traffic violator school fee and attending the school. The bill would specify that this requirement does not apply to persons referred to traffic violator schools by courts. The bill would require a copy of each signed disclosure statement to be retained by the traffic violator school for a minimum of 36 months. Because under existing law, a violation of the Vehicle Code is a crime, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 626 of the Vehicle Code is amended to read: 626. A "traffic violator school" is a business that, for compensation, provides, or offers to provide, instruction in traffic safety, including, but not limited to, classroom traffic violator curricula, for persons referred by a court pursuant to Section 42005 or to other persons who elect to attend. SEC. 2. Section 11200 of the Vehicle Code is amended to read: 11200. (a) The department shall license schools for traffic violators for purposes of Section 42005 and to provide traffic safety instruction to other persons who elect to attend. A person may not own or operate a traffic violator school or, except as provided in Section 11206, give instruction for compensation in a traffic violator school without a currently valid license issued by the department. (b) (1) Any person who elects to attend a traffic violator school shall receive from the traffic violator school and shall sign a copy of the following consumer disclosure statement prior to the payment of the school fee and attending the school: "Course content is limited to traffic violator curricula approved by the Department of Motor Vehicles. Students in the classroom include traffic offenders, repeat traffic offenders, adults, and teenagers, and those who have and those who have not been referred by a court. Instructor training, business regulatory standards, and Vehicle Code requirements of traffic violator schools are not equal to the training, standards, and Vehicle Code requirements of licensed driving schools (California Vehicle Code)." (2) In the case of a minor who elects to attend a traffic violator school, the minor's parent or guardian shall sign the consumer disclosure statement. (3) A copy of each signed disclosure statement shall be retained by the traffic violator school for a minimum of 36 months. (4) This subdivision does not apply to persons referred by courts pursuant to Section 42005. SEC. 3. Section 11208 of the Vehicle Code is amended to read: 11208. (a) Fees for issuance by the department of a license to a traffic violator school owner shall be as follows: (1) For the original license or an ownership change which requires a new application, except as provided by Section 42231, a fee of one hundred fifty dollars ($150), with an additional fee of seventy dollars ($70) for each separate traffic violator school branch or classroom location licensed. The fee prescribed by this subdivision is nonrefundable. (2) For annual renewal of the license for a traffic violator school and for each branch or classroom location, a fee of fifty dollars ($50). (3) If alteration of an existing license is required by a firm name change, a change in corporate officer structure, address change, or the addition of a traffic violator school branch or classroom location, a fee of seventy dollars ($70). (4) For replacement of the license certificate when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (b) Fees for the issuance by the department of a license for a traffic violator school operator shall be as follows: (1) For the original license, a nonrefundable fee of one hundred dollars ($100). (2) For annual renewal of the license, a fee of fifty dollars ($50). (3) If alteration of an existing license is caused by a change in the name or location of the established principal place of business of the traffic violator school operated by the licensee, including a transfer by a licensee from one traffic violator school to another, a fee of fifteen dollars ($15). (4) For replacement of the license certificate when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (c) Fees for the issuance by the department of a license for a traffic violator school instructor shall be as follows: (1) For the original license, except as provided by Section 42231, a nonrefundable fee of thirty dollars ($30). (2) For the triennial renewal of a license, a fee of thirty dollars ($30). (3) If alteration of an existing license is required by a change in the instructor's employing school's name or location, or transfer of the instructor's license to another employing school, a fee of fifteen dollars ($15). (4) For replacement of the instructor's license certificate when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (d) The department shall charge a fee, not to exceed three dollars ($3), for each completion certificate issued by a traffic violator school to each person referred by a court pursuant to Section 42005 and completing instruction at the traffic violator school. The amount of the fee shall be determined by the department and shall be a fee sufficient to defray the actual costs incurred by the department for publication and distribution of lists of schools for traffic violators pursuant to Section 11205, for monitoring instruction, business practices, and records of schools for traffic violators and for any other activities deemed necessary by the department to assure high quality education for traffic violators. Upon satisfactory completion of the instruction offered by a licensed traffic violator school, the traffic violator school shall provide the student referred by a court pursuant to Section 42005 with a certificate of completion furnished by the department. A certificate of completion shall not be issued to a person who elects to attend a traffic violator school. A traffic violator school shall not charge a fee in excess of the fee charged by the department pursuant to this subdivision for furnishing a certificate of completion. A traffic violator school may charge a fee not to exceed three dollars ($3), in addition to the fee charged by the department for the issuance of a duplicate certificate of completion. A student referred by a court pursuant to Section 42005 shall present this certificate of completion to the court as proof of completion of instruction, and no other proof of completion of instruction may be accepted by the court. (e) The department shall compile its actual costs incurred to determine the fee prescribed in subdivision (d) and make available its financial records used in the determination of the fee for completion certificates. The fee shall be adjusted every odd-numbered year based upon the costs incurred during the preceding two fiscal years. The records described in this subdivision are public records. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.