BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 881 (Hertzberg) - Vehicles: violations
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|Version: May 2, 2016 |Policy Vote: T. & H. 11 - 0, |
| | PUB. S. 6 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 9, 2016 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 881 would prohibit the courts from initiating
driver's license suspensions when a person fails to pay traffic
fines and penalties or fails to appear in court, unless that
failure is willful. The bill also requires the Department of
Motor Vehicles (DMV) to restore all driving privileges by July
1, 2017 for those who have a suspension or hold as a result of a
failure to pay (FTP), failure to appear (FTA), or failure to
comply (FTC) with court orders.
Fiscal
Impact:
Trial court workload : Unknown major costs, likely in the
millions annually, to conduct hearings to determine
willfulness when there is a FTP, FTA, or FTC, and to the
extent the courts are prohibited from requiring payment of
bail, penalties, fees and assessments as a condition of
SB 881 (Hertzberg) Page 1 of
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conducting a hearing on an underlying charge. (Trial Court
Trust Fund)
Fine / penalty assessment impact : Unknown major reductions in
collections of fines, fees, and assessments, likely in the
millions and potentially tens of millions annually, by
removing license suspensions as an incentive to pay
court-ordered debt, and requiring collections programs to
offer payment plans based upon the debtors ability to pay.
Revenue reductions related to the latter provision would be
partially mitigated by some revenue gains for partial payments
on debt that may not have otherwise been paid. (General Fund,
various special funds, local funds)
DMV programming : One-time costs of up to $100,000 in 2016-17
to terminate existing license suspensions and make system
changes to prospectively halt suspension actions. (Motor
Vehicle Account)
DMV license reinstatements : Potentially significant staffing
costs to process license reinstatements for up to 550,000
drivers, likely fully offset by a significant increase in fee
revenues paid by applicants for reinstatement ($55 each). Any
costs and revenue gains would likely be spread over several
fiscal years. (Motor Vehicle Account)
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. Upon receipt of a
notice from the courts, DMV is required to suspend the person's
driver's license, and may not issue or renew the license until
the person's driving record is cleared. The DMV estimates that
there are approximately 550,000 individuals whose driving
privileges have been suspended as a result of a failure to pay,
failure to appear, or failure to comply with court orders.
Existing law, pursuant to a 2015-16 budget agreement, authorized
an 18-month traffic amnesty program for delinquent debt (see
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"Related Legislation" below). Under this program, the $300
civil assessment imposed by collection programs for an FTA or
FTP is waived. Individuals then receive a 50% reduction in the
total amount of court-ordered debt owed for traffic infractions
and certain traffic misdemeanors as long as specified criteria
are met. In addition, participants in the amnesty program, as
well as individuals currently making payments for the same
violations included in the amnesty program, can have their
driver's licenses reinstated. Existing law also requires courts
to allow individuals to schedule court proceedings even if bail
or a civil assessment has been imposed.
In addition to base fines for traffic violations, existing law
imposes numerous additional penalty assessments, fees, and
surcharges for convictions of these infractions, all of which
significantly increase the total bail owed as a result of
violations. For example, the total bail on a violation with a
base fine of $35 is $238, and the total bail on a violation with
a base fine of $100 is $490 (not including fees associated with
traffic violator schools). Existing law specifies a complex
process for the distribution of fine and fee revenues to
numerous state and local funds. Some of these add-on fines and
fees were enacted to fund specific activities, such as emergency
medical services or DNA-related activities, while others support
general court operations, court facilities construction, or
state and local general funds.
The following assessments and fees are a flat charge per
conviction: a $4 Emergency Medical Air Transportation Penalty
Assessment; a $40 Court Operations Assessment; A $30 Conviction
Assessment Fee; and a $1 Night Court Fee. The following
charges, however, are dependent upon amount of the base fine:
- State Penalty Assessment: $10 for every $10 of a base fine*
- County Penalty Assessment: $7 for every $10 of a base fine*
- Court Construction Penalty Assessment: $5 for every $10 of a
base fine*
- Proposition 69 DNA Penalty Assessment: $1 for every $10 of a
base fine*
- DNA Identification Fund Penalty Assessment: $4 for every $10
of a base fine*
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- Emergency Medical Services Penalty Assessment: $2 for every
$10 of a base fine*
- State Surcharge: 20% of a base fine
(* the base fines are rounded up to the next $10 increment for
purposes of calculating the assessment)
Proposed Law:
SB 881 would make various changes to actions by the courts and
DMV as a result of a person's FTP, FTA, or FTC. Specifically,
this bill would:
Prohibit the court from imposing a civil assessment for a FTP
or FTA, unless the defendant willfully fails to appear or pay.
Provide that the ability to pay the $300 assessment shall not
be a prerequisite to arraignment, trial, or other court
proceedings.
Provide that payment of bail, fines, penalties, fees, or a
civil assessment shall not be required to schedule a court
hearing on a pending underlying charge.
Require county or court "comprehensive collection programs" to
provide payment plans based on the debtor's ability to pay, as
specified.
Prohibit a county or court from initiating driver's license
suspension or hold actions as part of a comprehensive
collection program.
Repeal provisions that would require DMV to suspend a person's
driver's license upon notification from the court of a FTA or
FTP.
Require DMV to restore all driving privileges suspended as a
result of a FTA or FTP by July 1, 2017.
Provide that the bill applies to commercial driver's licenses,
as well as Class C or M licenses (common and motorcycle
licenses).
Specify that the court must notify DMV if a person has
satisfied court orders related to a FTA or FTP, if the court
previously notified DMV of that person's FTA or FTP.
Prohibit DMV from suspending a driver's license upon notice
from a court of a person's FTA or FTP.
Specify that the bill does not apply to license suspensions
that are related to specified reckless driving or driving
under the influence violations.
Related
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Legislation: SB 85 (Committee on Budget and Fiscal Review),
Chap. 26/2015, authorized an 18-month traffic amnesty program,
beginning October 1, 2015, for delinquent debt.
SB 405 (Hertzberg), Chap. 385/2015, requires courts to allow
individuals to schedule court proceedings, even if bail or civil
assessment has been imposed, and clarifies the traffic amnesty
program.
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