BILL NUMBER: AB 2499	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 19, 2010

   An act to amend  Section 5004.5 of   Sections
1803.5, 1808.7, 11200, 11202, 11205, 11205.1, 11205.2, 40512.6,
41501, 42005, 42005.1, 42005.5, 42007, 42007.1, 42007.3, and 42007.4
of, to repeal Section 11205.4 of   , and to repeal and add
Section 11208 of,  the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2499, as amended, Portantino.  Vehicles: motorcycles
special plates.  Vehicles: traffic violator school
program.  
   (1) Existing law provides for the licensing and administration by
the Department of Motor Vehicles of traffic violator schools,
operators, and instructors in a classroom setting. Existing law also
defines the term "traffic violator school" for purposes of the
Vehicle Code to mean, among other things, a business that provides
instruction in traffic safety, including, but not limited to,
classroom traffic violator curricula.  
   Existing law authorizes a court, in lieu of adjudicating a traffic
offense committed by a person who holds a specified class of driver'
s license, to order or permit a person to attend a licensed traffic
violator school, licensed driving school, or other court-approved
program of driving instruction. Existing law also permits a court to
order a continuance against a person who receives a notice to appear
in court for a violation of a statute relating to the safe operation
of a vehicle, in consideration for attendance at a licensed school
for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and after that
attendance, to dismiss the complaint, as specified.  
   This bill would revise and recast these provisions and, instead,
would authorize the court, after a deposit of bail and bail
forfeiture, a plea of guilty or no contest, or a conviction, to order
a continuance of the proceeding against a person who receives a
notice to appear in court for a violation of a statute relating to
safe operation of a vehicle, in consideration for attendance at a
licensed school for traffic violators and order that the conviction
be held confidential. The bill would prohibit the record of certain
convictions from being confidential under these provisions. 

   The bill would also require that no violation point count be
assessed if the record of conviction is confidential, unless other
specified conditions apply.  
   (2) Existing law establishes traffic violator school licensing
requirements.  
   This bill would revise these requirements, including the licensing
criteria applicable to a traffic violator school owner or operator.
 
   The bill would revise the requirements applicable to a
court-approved program and would require a court-approved program
that was in operation prior to July 1, 2011, to file an application
for licensure as a traffic violator school by September 1, 2011. The
bill would prohibit a court from approving a traffic safety program
after June 30, 2011.  
   (3) Existing law authorizes a court to use a court assistance
program (CAP) to perform services related to the processing and
monitoring of traffic violators and traffic violator schools and
establishes requirements for the program.  
   This bill would delete provisions relating to both a monitoring
report prepared by a CAP and other provisions that preclude the
Department of Motor Vehicles or the court from removing a traffic
violator school from a referral list if certain conditions are met.
The bill would also delete provisions relating to a requirement that
the Judicial Council collect and compile data on CAPs and traffic
safety instruction.  
   (4) Existing law requires a traffic violator school owner to file
a bond of $2,000 with the department.  
   The bill would increase the amount of the bond to $15,000. 

   (5) Existing law establishes fees related to the department's
licensing of traffic violator schools.  
   This bill would discontinue the fee charged for the completion
certificate and would, instead, require the department to charge fees
for issuance of an original, renewal, or duplicate or corrected
traffic violator school owner, operator, instructor, and branch or
classroom location license. The bill would require the court to
collect a single administrative fee to be collected from the person
attending the traffic violator school, which would include an amount
sufficient to defray the cost of monitoring traffic violator school
instruction.  
   (6) Existing law requires the court to make available to persons
who choose the traffic violator school, the current list of traffic
violator schools, published by the department.  
   This bill would require the department to provide a list of
licensed traffic violator schools on its Internet Web site, as
specified, and to develop a Web-based database accessible by the
courts and traffic violator schools to allow oversight of traffic
violator school student enrollments and course completions. 

   (7) Under existing law, with certain exceptions, a violation of
the Vehicle Code is a crime.  
   Because this bill would change the definition of an existing
crime, it would impose a state-mandated local program.  
   (8) The bill would make conforming changes.  
   (9) 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.  
   Existing law requires an owner of a motorcycle manufactured in the
year 1942 or prior, upon application in the manner and at the time
prescribed by the Department of Motor Vehicles, to be issued special
license plates for the motorcycle.  
   This bill would make technical, nonsubstantive changes to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1803.5 of the  
Vehicle Code   is amended to read: 
   1803.5.   (a)    In accordance
with Section 41501 or 42005, the clerk of a court or hearing officer,
when a person who receives a notice to appear at a court or board
proceeding for a violation of any statute relating to the safe
operation of vehicles is granted a continuance of the proceeding in
consideration for  attendance   completion of a
program  at a school for traffic violators,  a licensed
driving school, or any other court-approved program of driving
instruction, and which   that  results in a
 dismissal of the complaint   designation of the
conviction as confidential  in consideration for that
attendance, shall prepare an abstract of the record of the court or
board proceeding  that indicates that the person was convicted of
the violation and ordered to complete a traffic violator program
 , certify the abstract to be true and correct, and cause the
abstract to be forwarded to the department at its office at
Sacramento within  10   5  days after
 the complaint is dismissed   granting a request
or the entry of an order to attend a traffic   violator
program  . 
   (b) This section shall become operative on September 20, 2005.

   SEC. 2.    Section 1808.7 of the   Vehicle
Code   is amended to read: 
   1808.7.   (a)    The record of the department
relating to the first proceeding and  dismissal 
 conviction  under Section 1803.5 in any 18-month period for
 participation by a person in   completion of
 a licensed  school for  traffic 
violators, a licensed driving school, or any other court-approved
program of driving instruction,   violator school
program  is confidential, shall not be disclosed to any person,
except a court  and as provided for in subdivision (b)  ,
and shall be used only for statistical purposes by the department.
 No violation point count shall be asse   ssed pursuant
to Section 12810 if the conviction is confidential.  
   (b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances apply:
 
   (1) The person convicted holds a commercial driver's license as
defined by Section 15210.  
   (2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.  
   (3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.  
   (4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810. 
   SEC. 3.    Section 11200 of the   Vehicle
Code   is amended to read: 
   11200.  (a) The department shall license schools for traffic
violators for purposes of Section  41501 or  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  Section 11200 (b)(1)
 )."

   (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 
 a person  referred by  courts   a
court  pursuant to Section 42005.
   SEC. 4.    Section 11202 of the   Vehicle
Code   is amended to read: 
   11202.  (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
   (1) Maintain an established place of business in this state
 which   that  is open to the public.
 No   An  office or place of business of a
traffic violator school, including any traffic violator school branch
or classroom location,  may   shall not 
be situated within 500 feet of any court of law  , unless the
owner was established at the location on or before July 1, 1984
 .
   (2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs  which 
 that  may reasonably foster the knowledge, skills, and
judgment necessary for compliance with traffic laws.  The
department shall establish standards for each instructional modality,
which may include requirements specific to each modality.  The
standards may include, but are not limited to, school personnel,
equipment, curriculum, procedures for the testing and evaluation of
students, recordkeeping, and business practices.
   (3) Procure and file with the department a bond of  two
thousand dollars ($2,000)   fifteen thousand dollars
($15,000)  executed by an admitted surety and conditioned upon
the applicant not practicing  any  fraud or making
 any   a  fraudulent representation
 which   that  will cause a monetary loss
to a person taking instruction from the applicant or to the state or
any local authority.
   (4) Have  a classroom approved by the department and
 the proper equipment necessary for giving instruction to
traffic violators.
   (5) Have a lesson plan approved by the department,  except as
provided for in paragraph (2) of subdivision (c)   , 
and provide not less than the minimum instructional time specified in
the  approved  plan.  An approved lesson plan shall
provide a minimum of 400 minutes of instruction, except that a
lesson plan for instructing persons under the age of 18 may provide a
minimum of 600 minutes of instruction.   The approved
plan shall include a postlesson knowledge test. The lesson plan for
each instructional modality shall require separate approval by the
department. 
   (6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of any   a
 claim for damages suffered by  any   a
 person by the applicant's violation of  any 
 a  provision of this code committed in relation to the
specifications of the applicant's traffic violator school or 
any   a  condition of the bond required by
paragraph (3).
   (B) The applicant shall stipulate in the instrument that 
any     a  process directed to the
applicant, when personal service cannot be made in this state after
due diligence, may be served instead upon the director or, in the
director's absence from the department's principal offices, upon
 any   an  employee in charge of the office
of the director, and this substituted service is of the same effect
as personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or  any   a  condition of the
bond.
   (C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
   (D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
   (E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint is, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
   (F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
   (G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
   (7)  (A)    Meet the requirements of Section
11202.5  and subdivision (b) of Section 11208  ,
relating to traffic violator school operators, if the owner is also
the operator of the traffic violator school. If the owner is not 
designated to act as  the operator of the traffic violator
school, the owner shall designate an  employee as  operator
who shall meet the requirements of Section 11202.5. 
   (B) A person may only be designated as operator for one traffic
violator school.  
   (C) A traffic violator school with multiple branch locations may
designate a separate operator for each location, but shall designate
one of the operators as the primary contact for the department. 

   (8) Have an instructor who meets the requirements of Section
11206. An owner who is designated as the operator for the school is
authorized to act as an instructor without meeting the requirements
of Section 11206. The owner license may also include authorization to
act as an instructor if the owner is not designated as the operator
but meets the requirements of Section 11206. The owner license shall
specify if the owner is authorized to offer instruction. If the owner
is not approved to act as an instructor, the school must employ an
instructor licensed pursuant to Section 11202.6.  
   (8) 
    (9)  Provide the department with a written assurance
that the school will comply with the applicable provisions of
Subchapter II or III of the Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101, et seq.), and any other federal and state laws
prohibiting discrimination against individuals with disabilities.
Compliance may include providing sign language interpreters or other
accommodations for students with disabilities.
   (b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee is required. 
   (c) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by September 1, 2011. A court shall not approve a
traffic safety program after June 30, 2011.  
   (1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision. 

   (2) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.  
   (c) 
    (d)  Paragraphs (3) and (6) of subdivision (a) do not
apply to public schools or other public agencies, which shall also
not be required to post a cash deposit pursuant to Section 11203.

   (d) 
    (e)  Paragraph (7) of subdivision (a) does not apply to
public schools or other public educational institutions. 
   (e) 
    (f)  A notice approved by the department shall be posted
in every traffic violator school, branch, and classroom location
stating that any person involved in the offering of, or soliciting
for, a completion certificate for attendance at a traffic violator
school program in which the person does not attend or does not
complete the minimum amount of instruction time  provided by
subdivision (a)  may be guilty of violating Section 134 of
the Penal Code.
   SEC. 5.    Section 11205 of the   Vehicle
Code   , as amended by Section 1 of Chapter 518 of the
Statutes of 2003, is amended to read:  
   11205.  (a) The department shall publish a traffic violator school
referral list of all the approved locations of traffic violator
school classes, by school name, to be transmitted to each superior
court in the state in sufficient quantity to allow the courts to
provide a copy to each person referred to traffic violator school.
The list shall be revised at least twice annually and transmitted to
the courts by the first day of January and the first day of July. It
shall include all of the following:
   (1) The name of each traffic violator school or, pursuant to
subdivision (d), the general term "traffic violator school" followed
by its traffic violator school license number.
   (2) A phone number used for student information.
   (3) The county and the judicial district.
   (4) The cities where classes are available.
   (b) Each traffic violator school owner shall be permitted one
school name in a judicial district.
   (c) The list shall be organized alphabetically in sections for
each county and subsections for each judicial district within the
county. The order of the names within each judicial district shall be
random pursuant to a drawing or lottery conducted by the department.

   (d) On the list prepared by the department under subdivision (c),
each traffic violator school shall appear by name unless a court
determines, pursuant to subdivision (e), that a name is inappropriate
and directs the department to delete the name and instead list the
school by the term "traffic violator school" followed by its license
number. The deletion of the name of a school from the list for a
judicial district shall not affect whether that school appears by
name on the list for any other judicial district within the state. In
making a determination under this subdivision regarding the deletion
of a name from the list, the court shall use as its criteria whether
the name is misleading to the public, undignified, or implies that
the school offers inducements or premiums which derogate or distort
the instructional intent of the traffic safety program.
   (e) When the department transmits any referral list pursuant to
subdivision (a), each court shall do all of the following:
   (1) Within 30 days of receipt of the list, notify the school owner
of any school name that the court intends to remove from the
referral list. In its written notice, the court shall set forth the
specific basis and rationale for its decision.
   (2) Within 60 days of receipt of the list, make every effort to
schedule, conduct, and complete a hearing for the school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
   (3) Within 10 days of the completion of that hearing, notify the
department and school owner of any school names it intends to remove
from the referral list.
   (f) In order for a court action to delete a school name from the
next referral list published by the department, the department shall
receive court notification no later than 90 days prior to publication
of the next referral list and, absent a direct order by the
appellate division of the superior court or a court of higher
jurisdiction, the department may not fail to publish a referral list
on the grounds that there exists pending litigation or appeals
concerning the lists.
   (g) Any court notifying the department of a school name it intends
to remove from the list, pursuant to this section, shall provide the
school owner with the name of the judge making those findings.
   (h) When a court informs a school owner, pursuant to subdivision
(e), of its decision to delete the name of a traffic violator school
from that judicial district's subsection of the department's traffic
violator school referral list, the owner may, on a form approved by
the department, submit a substitute name to the court and request
approval of that name. The court shall, within 30 days of receipt of
the request for approval of the substitute name, inform the
department and the school owner, on a form approved by the
department, of its approval or rejection of the substitute name. The
school owner may continue this appeal process for approval of a
substitute name until the court determines that the name does not
violate the standard set forth in subdivision (d). A name approval in
a judicial district shall not affect the school's name or listing in
any other district in the state. The department shall not impose any
fee or license requirement under this subdivision.
   (i) If a court fails to act within 30 days on a request of a
traffic violator school owner, pursuant to subdivision (h), the
proposed substitute name shall be deemed approved by the court for
the purposes of the traffic violator school referral list.
   (j) (1) Every application filed with the department on and after
June 1, 1991, for an original license by a traffic school owner or
for approval to conduct classes in a judicial district not previously
approved, shall be accompanied by the approval of the court in each
judicial district proposed for those operations of the name of the
school, on a form approved by the department for that purpose. For
the approved name to be included in the traffic violator school
referral list, the form shall be received by the department no later
than 90 days prior to publication.
   (2) When a court disapproves a school name pursuant to this
subdivision, the court shall notify the school owner within 30 days
of its disapproval and schedule a hearing for that school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
   (3) The court shall make every effort to schedule, conduct, and
complete a hearing within 60 days of receipt of the school owner's
request for a school name approval. A name approval in a judicial
district shall not affect the school's name or listing in any other
district in the state. A change in physical location by a school
within a judicial district shall not require approval pursuant to
this subdivision.
   (k) The department shall publish a list of the owners of traffic
violator schools. One copy shall be provided to each superior court
in the state. This list shall be revised at least twice annually and
transmitted to the courts by the first day of January and the first
day of July. This list shall include all of the following:
   (1) The name of each school, grouped by owner.
   (2) The business office address.
   (3) The business office telephone number.
   (4) The license number.
   (5) The owner's name.
   (6) The operator's name.
   (  l  ) Except as otherwise provided in
subdivision (d) of Section 42005, the court shall use either the
current list of traffic violator schools published by the department
when it orders a person to complete a traffic violator school
pursuant to subdivision (a) or (b) of Section 42005 or, when a court
utilizing a nonprofit agency for traffic violator school
administration and monitoring services in which all traffic violator
schools licensed by the department are allowed the opportunity to
participate, a statewide referral list may be published by the
nonprofit agency and distributed by the court. The agency shall
monitor each classroom location situated within the judicial
districts in which that agency provides services to the courts and is
represented on its referral list. The monitoring shall occur at
least once every 90 days with reports forwarded to the department and
the respective courts on a monthly basis.
    11205.    (a) The department shall provide a list of
licensed traffic violator schools on its Internet Web site. For each
licensed school, the list shall indicate the modalities of
instruction offered and specify the cities where classroom
instruction is offered. The sequential listing of licensed schools
shall be randomized daily.  
   (b) The department shall develop a Web-based database accessible
by the courts and traffic violator schools to allow oversight of
traffic violator school student enrollments and course completions.
 
   (m) 
    (c)  The court may charge a traffic violator a fee to
defray the costs incurred by  the agency   a
court assistance program  for  the  monitoring
 reports   activities performed pursuant to
subdivision (a) of Section 11205.2  and  traffic
administration  services provided to the court. The court may
delegate collection of the fee to the  agency  
court assistance program  . Fees shall be approved and regulated
by the court.  Until December 31, 1996, the  
The  fee shall not exceed the actual cost incurred by the
 agency or five dollars ($5), whichever is less 
 court assistance program  . 
   (n) If any provision of subdivision (d) or (e), as added by
Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the
application thereof to any person, is held to be unconstitutional,
this section is repealed on the date the decision of the court so
holding becomes final. 
   SEC. 6.    Section 11205.1 of the   Vehicle
Code   is amended to read: 
   11205.1.  The fee authorized in subdivision  (m) 
 (c)  of Section 11205 shall be applicable only in those
instances where a traffic violator has agreed to attend or has been
ordered to attend a traffic violator school pursuant to Section 
41501 or  42005  , a licensed driving school, or any
other court-approved program for driving instruction  .
   SEC. 7.    Section 11205.2 of the   Vehicle
Code   is amended to read: 
   11205.2.  (a) As used in this chapter,  a  court
assistance program (CAP) is a public or private nonprofit agency that
provides services, under contract with a court, to process traffic
violators.
   (b) A court may use a CAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" includes those services relating to the
processing of traffic violators at, and for, the court. 
   (c) Whenever a CAP monitors a designated traffic violator school,
the CAP shall follow the procedures set forth in subdivision (d) of
Section 11214. The CAP shall send its monitoring report to the
department for review, evaluation, processing and any further action
determined necessary by the department. A copy of the report shall
also be provided to the court. The role of a CAP is limited to that
set forth in this chapter. Nothing in this chapter abrogates or
limits the inherent powers of the courts under Article VI of the
California Constitution.  
   (d) When a monitoring report is adverse, the CAP shall send a copy
to the licensee within 30 days after the date of the monitoring.
Copies of all other monitoring reports shall be available to a
licensee upon request and payment of a fee. The fee may not exceed
the cost of postage and photocopying.  

      (e) The department or a court may not remove the name of a
traffic violator school that does not have a suspended or revoked
license from any part of a student referral list published by the
department or CAP pursuant to Section 11205, unless the school owner
is first provided notice and the opportunity to request a hearing
conducted by the department or a court, to determine whether there
are sufficient grounds to warrant removal of the school's name. Any
decision to remove a name may be appealed to any court of competent
jurisdiction.  
   (f) In the event that a CAP, acting pursuant to a contract with a
court, audits or inspects the records of a traffic violator school,
the CAP shall use the same process and procedures used by the
department to conduct the audit or inspection.  
   (g) 
    (c)  This section does not preclude a court from
entering into a contract with public or private nonprofit agencies to
provide services to the court, other than those described in this
section  , provided that the services do not duplicate those
conducted by the department  .
   SEC. 8.    Section 11205.4 of the   Vehicle
Code   is repealed.  
   11205.4.  (a) By June 1, 2005, the Judicial Council shall do all
of the following:
   (1) Collect information from each superior court regarding whether
and how the court works with the following entities:
   (A) Traffic violator schools licensed by the department under this
chapter.
   (B) Court-approved programs of traffic safety instruction operated
in accordance with the procedures established under Sections 1803.5,
1808.7, 11205.1, 41501, 42005, and 42007.
   (C) Court assistance programs (CAPs) that operate in accordance
with the procedures established under Sections 11205 and 11205.2.
   (2) Collect information from each superior court regarding whether
the court contracts with a CAP, and if so, how the CAP fee is set
and what specific services are funded by the CAP fee. If a court does
not contract with a CAP, determine how the court provides for all
services related to processing traffic violators, including both
traffic violator schools licensed by the department and
court-approved programs of traffic safety instruction. This
information shall include, but is not limited to, the total fees
collected in the most recent prior fiscal year and the total
expenditure of those fees by category, together with the total
unexpended fees retained by the court.
   (3) Compile the information specified in paragraphs (1) and (2) in
a report that provides a clear understanding of the current system
involving the collection and expenditure of traffic violator fees.
   (4) Recommend one or more approaches to setting a fiscal policy
for the fees charged pursuant to Section 11205 to those traffic
violators who have chosen or been ordered to attend a department
licensed traffic violator school or court-approved program of traffic
safety instruction.
   (b) The financial data and information collected by the Judicial
Council pursuant to subdivision (a) shall be provided by the Judicial
Council to a person upon request and payment of a fee to cover the
cost of photocopying and postage. 
   SEC. 9.    Section 11208 of the   Vehicle
Code   is repealed.  
   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 fifteen dollars ($15),
to issue a duplicate certificate of completion that was requested by
a traffic violator, when the original certificate was lost, stolen,
or mutilated. 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. 10.    Section 11208 is added to the  
Vehicle Code   , to read:  
   11208.  (a) The department shall charge a fee, to be determined by
the department, for the following traffic violator school program
activities:
   (1) Original issuance of a traffic violator school owner,
operator, instructor, and branch or classroom location license.
   (2) Renewal of a traffic violator school owner, operator,
instructor, and branch or classroom location license.
   (3) Issuance of a duplicate or corrected traffic violator school
owner, operator, instructor, and branch or classroom location
license.
   (4) Transfer of an operator or instructor license from one traffic
violator school to another.
   (5) Approval of curriculum, based on the instructional modality of
the curriculum.
   (6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
   (b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the traffic
violator school program, except for routine monitoring of
instruction.
   (c) A single administrative fee shall be assessed against, and
collected by the court from, each driver who is allowed or ordered to
attend traffic violator school. Included in this fee shall be an
amount determined by the department to be sufficient to defray the
cost of routine monitoring of traffic violator school instruction.

   SEC. 11.    Section 40512.6 of the   Vehicle
Code   is amended to read: 
   40512.6.  If a defendant who elects  or is ordered  to
attend a traffic violator school in accordance with Section 42005 and
has paid the full traffic violator school fee under Section 42007
fails to submit proof of completion within the time ordered by the
court or any extension thereof, the court may, following notice to
the defendant, order that the fee paid by the defendant be converted
to bail and declare the bail forfeited. The bail forfeiture under
this section shall be distributed as provided by Section 42007. Upon
forfeiture of the bail, the court may order that no further
proceedings shall be had in the case  or follow the procedure in
paragraph (2) of   subdivision (a) of Section 41501  .
   SEC. 12.    Section 41501 of the   Vehicle
Code   is amended to read: 
   41501.  (a)  The   (1)    
After a deposit of bail and bail forfeiture, a plea of guilty or no
contest, or a conviction, the  court may order a continuance of
a proceeding against a person, who receives a notice to appear in
court for a violation of a statute relating to the safe operation of
a vehicle, in consideration for attendance at a licensed school for
traffic violators  , a licensed driving school, or any other
court-approved program of driving instruction, and, after that
attendance  and pursuant to Section 1803.5 or 42005, the
court may  dismiss the complaint under the following
conditions:  
   (1) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint. The court may order attendance at a licensed school
for traffic violators that offers a program of at least 12 hours of
instruction. 
    (2)     If 
 order   that the conviction be held confidential by the
department according to Section 1808.7 if  the offense is not
alleged to have occurred within 18 months of another offense that was
 dismissed   held confidential  under this
section,  and  the court may order  the continuance
and, after the attendance, dismiss the complaint if the attendance
is at any of the types of schools or programs that the court directed
pursuant to Section 42005 at the time of ordering the continuance
  or permit completion of a licensed traffic violator
school program  . 
   (2) The person shall submit to the court a certificate of
completion for the traffic violator program by the date required by
the court. If the certificate of completion is not received by the
court as required, the court may issue an order to show cause for the
failure to comply with the court's order. Upon issuance of an order
to show cause, the court shall notify the person by mail that failure
to appear at court within 10 days of the notice and show good cause
for the failure to comply with the order to submit a certificate of
completion shall result in the reporting of the conviction,
assessment of points for an offense, and an increased sentence up to
the full fine, penalties, and fees allowed by law for the conviction.
If the person fails to appear as ordered, the court shall update the
court records to change the status of the conviction included in the
previous order from confidential to public and shall report the
conviction to the department. 
   (b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
   SEC. 13.    Section 42005 of t   he 
 Vehicle Code   is amended to read: 
   42005.  (a)  The  Except as otherwise
provided in this section, after a deposit of the fee under Section
42007 or bail, a plea of guilty or no contest, or a conviction, a
 court may order or permit a person  who holds a
noncommercial class C, class M1, or class M2 driver's license who
pleads guilty or no contest or  is convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
   (b)  In lieu of adjudicating a traffic offense committed
by a person who holds a noncommercial class C, class M1, or class M2
driver's license, and with the consent of the defendant, the court
may order the person to attend a licensed traffic violator school, a
licensed driving school, or any other court-approved program or
driving instruction. 
    (c)    Pursuant to Title 49 of
the Code of Federal Regulations, the court may not order or permit a
person who holds a class A, class B, or commercial class C driver's
license to complete a licensed traffic violator school,  a
licensed driving school, or any other court-approved program of
driving instruction  in lieu of adjudicating any traffic
offense  committed by the holder of a class A, class B, or
commercial class C driver's license   or order that a
conviction of a traffic offense by a person holding a class A, class
B, or commercial class C driver's license be kept confidential 
. 
   (d) 
    (c)  The court  may   shall 
not order  that a conviction of an offense be kept confidential
according to Section 1808.7  or permit a person, regardless of
the driver's license class, to complete  a program at  a
licensed traffic violator school  , a licensed driving
school, or any other court-approved program of driving instruction
 in lieu of adjudicating an offense if  that
  either of the following applies to the  offense
 is either of the following  :
   (1)  Occurred   It   occurred 
in a commercial motor vehicle, as defined in subdivision (b) of
Section 15210  .   or 
   (2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5. 
   (e) 
    (d)   Except as otherwise provided in
subdivision (f), a   A  person  so
 ordered  to attend a traffic violator school pursuant
to subdivision (a)  may choose the traffic violator school the
person will attend. The court shall make available to each person
subject to that order  the   information
regarding obtaining the d   epartment   's 
current list of traffic violator schools published  online 
by the department pursuant to Section 11205. 
   (f)  
   (e) In those counties where, prior to January 1, 1985, one or more
individual courts, or the county acting on behalf of one or more
individual courts, contracted for the provision of traffic safety
instructional services to traffic violators referred by the court
pursuant to a pretrial diversion program, the courts may restrict
referrals under this section to those schools for traffic violators
or licensed driving schools that are under contract with the court or
with the county to provide traffic safety instructional services for
persons referred pursuant to subdivision (a).  
   (g)  
   (f) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county
and the county shall be exempt from state regulations relative to
maximum classroom attendance.  
   (h)  
   (g) Notwithstanding subdivisions (f) and (g), a court in the
counties described in those subdivisions shall comply with the
prohibitions set forth in subdivisions (c) and (d). 

   (i) 
    (e)  A person who willfully fails to comply with a court
order to attend traffic violator school is guilty of a misdemeanor.
   SEC. 14.    Section 42005.1 of the   Vehicle
Code   is amended to read: 
   42005.1.  The court may order  any   a 
person designated to attend a traffic violator school to instead
participate in a study of traffic violator schools licensed pursuant
to Chapter 1.5 (commencing with Section 11200) of Division 5. The
person's participation in that study constitutes attending a 
court-supervised program of traffic safety instruction for purposes
of Section 42007   licensed traffic violator school
program  .
   SEC. 15.    Section 42005.5 of the   Vehicle
Code   is amended to read: 
   42005.5.  Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators  permitted or 
ordered pursuant to Section  41501 or  42005 shall not be
included in computing the average daily attendance of any school
district, community college district, or other public educational
institution for purposes of allocation of state funds.
   SEC. 16.    Section 42007 of the   Vehicle
Code   is amended to read: 
   42007.  (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section  41501 or  42005  or who
attends any other court-supervised program of traffic safety
instruction  . The fee shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts.  Where   If  multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of traffic
safety instruction offered by the school  or other program
 .
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments.  When
  If  the defendant signs the Judicial Council form
for payment of the fee in installments, the court shall continue the
case to the date in the agreement to complete payment of the fee and
submit the certificate of completion of traffic violator school to
the court. The clerk shall collect a fee of up to thirty-five dollars
($35) to cover the cost of processing an installment payment of the
traffic violator school fee under this paragraph.
   (3)  When  If  a defendant fails to make
an installment payment of the fee according to an installment
agreement, the court may convert the fee to bail, declare it
forfeited, and report the forfeiture as a conviction under Section
1803. The court may also charge a failure to pay under Section 40508
and impose a civil assessment as provided in Section 1214.1 of the
Penal Code or issue an arrest warrant for a failure to pay.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility  which   that
 was approved by a county board of supervisors, but on January
1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city. 
   (d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.  
   (e) 
    (d)  The clerk of the court, in a county that offers
traffic school shall include in any courtesy notice mailed to a
defendant for an offense that qualifies for traffic school attendance
the following statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.  One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program. 

   (f) 
    (e)  Notwithstanding any other provision of law, a
county that has established a Maddy Emergency Medical Services Fund
pursuant to Section 1797.98a of the Health and Safety Code shall not
be held liable for having deposited into the fund, prior to January
1, 2009, an amount equal to two dollars ($2) for every ten dollars
($10) that would have been collected pursuant to Section 76000.5 of
the Government Code from revenues derived from traffic violator
school fees collected pursuant to this section.
   SEC. 17.    Section 42007.1 of the   Vehicle
Code   is amended to read: 
   42007.1.  (a) The fee collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus  forty-nine dollars 
 a forty-nine-dollar  ($49)  court administrative fee
and a fee determined by the department to be sufficient to defray the
cost of routine monitoring of traffic violator   school
instruction pursuant to subdivision (b) of Section 11208  .
   (b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general                                           fund shall be
transmitted therefrom monthly to the Controller for deposit in the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5 of the Government
Code. 
   (c) The fee assessed pursuant to subdivision (b) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction. 
   SEC. 18.    Section 42007.3 o   f the 
 Vehicle Code   is amended to read: 
   42007.3.  (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 
41501 or  42005 as a result of a violation of subdivision (a) or
(c) of Section 21453, subdivision (c) of Section 21454, or
subdivision (a) of Section 21457 shall be allocated as follows:
   (1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
   (2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
   (b) This section does not apply to the additional 
twenty-four dollars ($24)   forty-nine-dollar ($49)
court administrative fee assessed pursuant to subdivision (b) of
Section 11208  collected under subdivision (a) of Section
42007.1.
   SEC. 19.    Section 42007.4 of the   Vehicle
Code   is amended to read: 
   42007.4.  (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 369b
of the Penal Code as a result of a violation of subdivision (c) of
Section 21752, involving railroad grade crossings, or Section 22451
or 22452 shall be allocated as follows:
   (1) If the offense occurred in an area where a transit district or
transportation commission established under Division 12 (commencing
with Section 130000) of the Public Utilities Code provides rail
transportation, the first 30 percent of the amount collected shall be
allocated to the general fund of that transit district or
transportation commission to be used only for public safety and
public education purposes relating to railroad grade crossings.
   (2) If there is no transit district or transportation commission
providing rail transportation in the area where the offense occurred,
the first 30 percent of the amount collected shall be allocated to
the general fund of the county in which the offense occurred, to be
used only for public safety and public education purposes relating to
railroad grade crossings.
   (3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
   (4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) shall
provide public safety and public education relating to railroad grade
crossings only to the extent that those purposes are funded by the
allocations provided pursuant to paragraph (1) or (2).
   (b) This section does not apply to the additional 
twenty-four dollars ($24)   forty-nine-dollar ($49)
court administrative fee assessed pursuant to subdivision (b) of
Section 11208  collected under subdivision (a) of Section
42007.1.
   SEC. 20.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.  
  SECTION 1.    Section 5004.5 of the Vehicle Code
is amended to read:
   5004.5.  (a) Notwithstanding any other provision of this code, an
owner of a motorcycle manufactured in the year 1942 or prior to that
year shall, upon application in the manner and at the time prescribed
by the department, be issued special license plates for the
motorcycle. The special license plates assigned to the motorcycle
shall run in a separate numerical series. An additional fee of
fifteen dollars ($15) shall be charged for the initial issuance of
the special license plates. The plates shall be permanent and shall
not be required to be replaced. If the special license plates become
damaged or unserviceable in any manner, replacement for the plates
may be obtained from the department upon proper application and upon
payment of the fee as is provided for in Section 9265. Except as
otherwise provided in this section, the motorcycle shall be subject
to the same annual registration fees and provisions of law as are
other motorcycles.
   (b) Revenues derived from the fees provided for in this section
above actual costs of the production and issuance of the special
plates for motorcycles, or the replacement thereof, shall be
deposited in the California Environmental License Plate Fund by the
department.