BILL ANALYSIS Ó SB 881 Page 1 SENATE THIRD READING SB 881 (Hertzberg) As Amended August 15, 2016 2/3 vote SENATE VOTE: 32-7 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Transportation |11-4 |Frazier, Bloom, |Baker, Kim, Mathis, | | | |Brown, Chu, Daly, |Melendez | | | |Dodd, Eduardo Garcia, | | | | |Gomez, Medina, | | | | |Nazarian, O'Donnell | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Quirk, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |13-1 |Gonzalez, Bonilla, |Bloom | | | |Bonta, Calderon, | | | | |Daly, Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood, McCarty | | SB 881 Page 2 | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Modifies traffic amnesty programs established for individuals who have had their driver's license suspended due to failure to pay (FTP) traffic fines. Specifically, this bill: 1)Extends the 18-month traffic amnesty program for delinquent debt for 9 months - from March 31, 2017, to December 31, 2017. 2)Changes the latest date for which fines are applicable under the amnesty program from January 1, 2013, to January 1, 2015. 3)Requires the court, when required to file a certificate with the California Department of Motor Vehicles (DMV) that a person with a suspended license has fulfilled the amnesty program requirements, to do so within 90 days. 4)Makes related, clarifying and conforming amendments to existing law. EXISTING LAW: 1)Authorized, pursuant to the 2015-16 Budget Act, (SB 85 (Committee on Budget and Fiscal Review), Chapter 26, Statutes of 2015), a one-time, 18-month traffic infraction amnesty program that reduced the total amount of outstanding court-ordered debt owed for traffic infractions and certain traffic misdemeanors by 50% reduction provided specified SB 881 Page 3 criteria are met; and reinstated driving privileges for individuals who have had their driving privileges revoked as a result of a failure to appear (FTA) or FTP. 2)Required courts to allow individuals to schedule court proceedings, even if bail or civil assessment had been imposed, and clarified the traffic amnesty program (SB 405 (Hertzberg), Chapter 385, Statutes of 2015). FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown one-time net revenue gain during extended amnesty period and longer term loss of revenue from reduced collections. COMMENTS: In June 2015, the Governor signed into law a one-time amnesty program for unpaid traffic and non-traffic infraction tickets. The amnesty program, which began on October 1, 2015, and is slated to expire at the end of March 2017, is designed to help persons settle their unpaid tickets and, for those who had their driver's license suspended as a result, to have their driving privileges reinstated if they come into good standing on a payment plan with a comprehensive collection program. In most cases, an individual's debt is expected to be reduced by 50 or 80%, depending on their income. Persons ineligible for a reduced fine may be eligible to have their driver's license returned, depending on individual circumstances. The amnesty program does not apply to parking tickets, reckless driving, and driving under the influence of drugs or alcohol offenses. The DMV reports that over 600,000 Californians currently have suspended driver's license for failure FTA/FTP for traffic tickets and there are an estimated 4.9 million persons eligible for the amnesty program with an estimated $4 billion in uncollected debt. To date, a total of 132,879 delinquent infraction and misdemeanor accounts have been resolved through SB 881 Page 4 the amnesty program resulting in nearly $19 million in gross revenues collected. With regard to driver's license reinstatement, the Judicial Council reports that over 104,000 requests have been made of the DMV to lift holds of driver's licenses. By extending the traffic amnesty program by nine months - from March 31, 2017, to December 31, 2017, and similarly, by extending the date for eligible fines from January 1, 2013 to January 1, 2015, a great number of individuals will qualify for the amnesty program. While participation numbers have been somewhat low to date, it is possible that expanding program eligibility could encourage a greater numbers to participate. Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0004195