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
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|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
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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
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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
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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