BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 405 (Hertzberg) - Vehicles: infraction and misdemeanor violations: amnesty ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 405 would authorize counties to establish a one-time amnesty program for fines and bail to be operational for two years in accordance with guidelines provided by the Judicial Council, as specified. This bill: Provides that each amnesty program would be required to accept partial payment of past due fines and bail, as specified. Requires the Department of Motor Vehicles (DMV) to restore the driving privilege of a participant in the amnesty program whose driver's license was suspended, as specified. Requires the DMV to provide a notice to each person whose driver's license has been suspended, as specified, regarding his or her potential eligibility for the amnesty program. Requires each court or county implementing an amnesty program to file a written report about the program with the Judicial Council, and subsequently requires the Judicial Council to submit a report to the Legislature summarizing the SB 405 (Hertzberg) Page 1 of ? information. Fiscal Impact: DMV noticing and workload : One-time costs in excess of $1 million (Special Fund*) to notice approximately 2.5 million individuals. Costs include postage, translation, and staff workload. Additional increased workload over two years to notice additional individuals whose licenses are suspended during the program, and to field telephone calls and inquiries regarding eligibility for the amnesty program are estimated in the low to mid millions of dollars (Special Fund*). It is estimated noticing would be required for all potentially eligible individuals, regardless of county participation. License reinstatement fees : Potentially significant increase in fee revenue (Special Fund*) to the extent a portion of those individuals noticed will successfully establish a payment plan with the courts and reinstate their drivers' licenses, which will require a fee paid to DMV. Impact would be dependent on the number of participating counties and amnesty program participants. Judicial Council guidelines : Minor one-time costs of less than $10,000 (General Fund**). Trial court workload : Major costs potentially in excess of $5 million (General Fund**) for each year of the two-year operation of the amnesty program. This estimate assumes statewide participation in the amnesty program. To the extent a number of counties elect not to participate would reduce the impact to the representative courts in those counties. Counties : Potentially major non-reimbursable operational costs in the millions of dollars over two years to operate the amnesty program, offset in part by near-term fine revenues that otherwise may not have been collected. Fine revenue impact : Unknown, potential near-term increases in the millions of dollars, offset by long-term major reductions in collections in the millions of dollars statewide (General/Special/Local). The magnitude of fine revenues generated by the amnesty program would be dependent on various factors including but not limited to the number of participating counties, the number of program participants and their respective repayment amounts, the terms of the repayment programs established (as the bill's provisions do not specify payment due dates), and the number of participants ordered to SB 405 (Hertzberg) Page 2 of ? community service in lieu of payment. *Motor Vehicle Account **Trial Court Trust Fund Background: Existing law provides that in addition to any other penalty in an infraction, misdemeanor, or felony, the court may impose a civil penalty of up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. Existing law provides that if any person has failed to pay a fine within the time authorized by the court, the magistrate or clerk of the court may give notice to the DMV for any violation. If the fine is later fully paid then the court shall inform the DMV. The DMV data indicates an average of over 540,000 suspensions per year placed on driver's licenses, with over 4.8 million suspended over the last nine years since 2006. Prior Six-month Amnesty Program in 2012 Under existing law, each county was required to establish a one-time infraction amnesty program for fines and bail to provide relief to individuals who were financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail was to be paid under the amnesty program, with payments accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council adopted guidelines for the amnesty program no later than November 1, 2011, and each program was conducted in accordance with these guidelines. (Vehicle Code § 42008.7.) Proposed 18-month Amnesty Program in 2015-16 Governor's Budget and May Revision The 2015-16 Governor's Budget proposed an 18-month traffic amnesty program to be implemented statewide that would provide individuals a 50 percent reduction in the debt owed for qualifying traffic infractions and misdemeanors if individuals pay the reduced amount in full. Amnesty revenues would go to state and local funds in accordance with state law, with the exception of revenues deposited into the State Penalty Fund (SPF). Such revenue would only be deposited into the Peace Officers' Training Fund (82.2 percent) and Corrections Training Fund (17.8 percent). The proposal assumed the program would SB 405 (Hertzberg) Page 3 of ? collect about $150 million, with $12 million going to the SPF. The Legislative Analyst's Office estimated in its analysis of the Governor's Budget that the proposed amnesty program would potentially generate $37 million, but would be unlikely to raise the amount of revenue required to address the shortfalls in the POTF and CTF, and could potentially negatively affect future collections. The recently released May Revision updates the Administration's proposed amnesty program by allowing individuals whose driver licenses have been suspended due to Failure To Appear or Failure To Pay related to traffic offenses to reinstate their licenses as part of the program- so they can legally get to work and make their agreed upon payments to the court. These individuals would agree to either make one payment or sign up for a payment plan, supported by a wage garnishment agreement in the event that the individual fails to make a payment. In addition, the $300 courtimposed assessment fee pursuant to the Penal Code will be waived for the purposes of the amnesty program and replaced by a $50 amnesty administrative fee for the courts to recover their costs of running the program. Proposed Law: This bill would authorize counties to establish a one-time amnesty program for fines and bail, as follows: Provides that the program shall be conducted in accordance with guidelines provided by the Judicial Council to be adopted by March 1, 2016. Prior to the adoption of those guidelines, requires each program to be initially conducted in accordance with the Judicial Council guidelines created in accordance with VC § 42008.7. Provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt are to be responsible for the implementation of the amnesty program as to that debt. Provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts: o 80 percent of the fine or bail if the person has income that exceeds 200 percent of the federal SB 405 (Hertzberg) Page 4 of ? poverty level (FPL). o 50 percent of the fine or bail if the person has income that is greater than 150 percent of, but not more than 200 percent of the FPL. o 20 percent of the fine or bail if the person has income that is not more than 150 percent of the FPL. Provides that nothing shall limit the court's ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified. Requires the DMV to restore the driving privilege of a participant in the amnesty program whose driver's license was suspended due to failure to pay fines. Requires the DMV to provide a notice to each person's whose license has been suspended regarding his or her potential eligibility for the amnesty program. Provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. Requires each court or county implementing an amnesty program to file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected and the operating costs of the amnesty program. Sunsets the bill's provisions on January 1, 2018. Related Legislation: SB 366 (Wright) 2014 would have made numerous changes in the Vehicle Code and Penal Code regarding factors the court must take into consideration when considering a person's ability to pay a fine or civil assessment. This bill was held on the Suspense File of this Committee. AB 2724 (Bradford) 2014 would have required a court to issue and file a certificate with the DMV and request that a hold on a defendant's driver's license be lifted if an agreement has been signed to pay a fine in installments, or an agreement has been signed to perform community service in lieu of paying the fine. This bill was held on the Suspense File of this Committee. SB 405 (Hertzberg) Page 5 of ? Staff Comments: The Judicial Council and the DMV would likely incur substantial costs to implement the bill's provisions - See "Fiscal Impact" section of this analysis. Staff notes numerous differences between the proposed amnesty program in this measure and the amnesty program proposed in the May Revision that would significantly impact the level of costs and revenues associated with each. The amnesty program proposed in this measure: 1) does not mandate statewide participation; 2) establishes a two year program vs. an 18-month program in the May Revision; 3) requires noticing of all persons with suspended driver's licenses vs. outreach via website information; 4) requires the Judicial Council to determine the level of payment due based on a person's income vs. a standard 50 percent of amount owed; 5) does not support payment plans by a mandatory wage garnishment agreement in the event that the individual fails to make a payment; and 6) does not waive the $300 court-imposed fee and in its place authorize imposition of administrative fees for both DMV and the courts/counties. This bill also does not specify a start and end date within which payment plan payments will be accepted. -- END --