BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 789|
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THIRD READING
Bill No: SB 789
Author: Wieckowski (D)
Amended: 5/11/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/21/15
AYES: Beall, Cannella, Allen, Bates, Galgiani, Leyva, McGuire,
Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Gaines
SENATE APPORPRIATIONS COMMITTEE: 7-0, 5/4/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Drivers license suspension: restricted privilege
SOURCE: Author
DIGEST: This bill authorizes the Department of Motor Vehicles
(DMV) to restrict a persons driving privilege, instead of
suspending it, to allow a person to drive to and from school, if
that person was involved in an accident and did not possess
insurance at the time of the accident.
ANALYSIS:
Existing law:
1)States that if a driver is involved in an accident that
results in property damage over $750 or in bodily injury or
death and fails to provide evidence of financial
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responsibility, the DMV shall suspend the driver or owner's
driving privilege. The suspension shall last one year from
the date of commencement of the suspension and until the
person files proof of financial responsibility, (e.g.,
insurance coverage).
2)States that, in lieu of suspending a person's driving
privilege for failure to provide evidence of financial
responsibility, the DMV may restrict a person's driving for
specific purposes. To obtain a restricted driver's privilege,
the driver must submit an application to the DMV, file and
maintain proof of financial responsibility, and pay a penalty
fee of $250 to the DMV. This restricted driver's privilege is
limited to use for the following situations:
Necessary traveling to and from that person's place of
employment.
Driving required in the person's course of employment,
when driving is necessary to perform the duties of the
person's primary employment.
Necessary travel to transport a minor dependent in that
person's immediate family to and from a primary or
secondary school, if the chief administrative officer or
principal certifies in writing to the DMV that the minor
dependent is enrolled in the school and no form of public
transportation or school bus is available.
Enabling the applicant to drive a motor vehicle for the
purpose of receiving prolonged, repetitive medical or
mental health treatments for the applicant or a member of
the applicant's immediate family with a serious health
problem.
1)States that the restricted driver's privileges do not apply to
commercial driver's licenses.
This bill:
1)Adds to the restricted driver's privilege, driving to and from
school. School is defined as a California community college,
a California State University campus, a University of
California campus, or a private postsecondary educational
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institution.
2)Becomes operative on July 1, 2016.
Comments
Purpose. According to the source, supporting a person's ability
to drive to and from college with a restricted license is
consistent with current policy that allows driving in
circumstances that improve a person's well-being. Higher
education provides students with knowledge and skills to be more
successful in their community and is critical for improving a
person's quality of life. While many university campuses are
accessible by using public transportation, others, especially in
rural areas, are inaccessible without a car. Some drivers could
be forced to quit school if they cannot drive for a year, thus
disrupting and delaying their education. This bill gives
drivers who have obtained and maintain insurance and paid a fine
the ability to continue to pursue their educational goals.
Barrier to attending college. The idea for this bill originated
when a person in the Bay Area was involved in a non-injury car
accident and mistakenly believed he was insured. Due to his
lack of insurance, his license was suspended for a year. At the
time, he was also attending a local community college. Because
existing law does not authorize the DMV to grant a restricted
license for the purpose of driving to and from school, the DMV
did not have the discretion to provide him a restricted license
for that purpose. This bill provides the DMV with the
discretion to issue a restricted license in those circumstances,
provided the driver obtains and maintains insurance and pays a
fine, so that people can continue to pursue higher education.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, the DMV would
incur one-time costs of approximately $80,000 in 2015-16 for
necessary programming and form changes (Motor Vehicle Account)
and may incur minor costs to update regulations to establish
criteria for the new restriction. The DMV indicates that it
issues less than 4,000 restricted drivers privileges each year,
collecting approximately $1 million in penalty fees. The bill
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is not expected to have a noticeable impact on the number of
applications for restricted driving privileges in a given year.
SUPPORT: (Verified5/12/15)
Legal Services for Prisoners with Children
OPPOSITION: (Verified5/12/15)
None received
ARGUMENTS IN SUPPORT: Writing in support of the bill, Legal
Services for Prisoners with Children states that suspended
licenses can trap people in an impossible situation: unable to
reinstate their license without proof of financial stability or
gainful employment and unable to access employment or become
financially stable without a license. Among residents of
Oakland, CA, 67% of employed residents had a valid driver's
license and a car, while 36% of unemployed respondents did.
License suspension also does not work as a debt-collection tool:
The Legislative Analyst's Office reports that there is
currently more than $10 billion in court-ordered, uncollected
debt in California and $8 billion of this amount is for unpaid
traffic violations. Furthermore, by imposing fees that cannot
be paid and effectively creating permanent license suspensions,
the system also threatens public safety because those with
suspended licenses often drive without insurance. Allowing
driver's license restrictions, rather than suspensions, is a
first step towards ending the use of license suspensions as a
debt-collection tool.
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
5/13/15 16:06:57
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