BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 881 Hearing Date: 8/31/2016
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|Author: |Hertzberg |
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|Version: |8/24/2016 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Erin Riches |
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SUBJECT: Vehicles: violations: payment of fines and bail
DIGEST: This bill modifies the traffic amnesty program, which
assists individuals who have had their driver's license
suspended due to failure to pay traffic fines.
ANALYSIS:
Existing law:
1)Authorizes a court to notify the state Department of Motor
Vehicles (DMV) when an individual fails to pay a traffic fine
(FTP), fails to appear in court (FTA), or fails to comply with
a court order (FTC). Existing law requires the court to
notify the DMV if the individual later pays the fine.
2)When an individual appears before a traffic referee or
superior court judge regarding a traffic offense, requires the
court to consider the individual's ability to pay if he or she
so requests.
3)Existing law prohibits the DMV from issuing or renewing a
license for an individual when:
a) A license previously issued to the individual has been
suspended, until the end of the suspension period, unless
the cause for the suspension has been removed.
b) A license previously issued to the individual has been
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revoked, until one year after the date of revocation,
unless a different period of revocation has been prescribed
or the cause for revocation has been removed.
c) The DMV has received a notice from the court of an FTP
or FTA.
d) The individual's driving record shows two or more FTPs
and/or FTAs, until all FTPs and FTAs have been reported to
DMV as cleared or adjudicated.
1)Requires DMV to suspend the driver's license of an individual
when DMV receives a notice from the court of an FTP or FTA for
that individual, until the individual's driving record is
cleared.
This bill:
1)Requires a court, when notifying the DMV that an individual
with a suspended license has appeared in court, paid the fine,
or otherwise satisfied the requirements of the amnesty
program, to do so within 90 days.
2)Requires a court, for amnesty applications submitted prior to
January 1, 2017, that are still outstanding as of that date,
to notify the DMV no later than March 31, 2017, of individuals
who have satisfied the requirements of the program.
3)Provides, for applications submitted on or before March 31,
2017, that all terms and procedures related to the
participant's payment plans shall remain in effect after March
31, 2017.
4)Requires an individual to file a request with the court by
March 31, 2017, in order to be eligible for the amnesty
program.
COMMENTS:
1)Purpose. The American Civil Liberties Union (ACLU),
co-sponsor of this bill, states that this bill "follows up on
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last year's SB 405 (Hertzberg) and the Governor's traffic
amnesty program, which have already helped more than 100,000
Californians get out of what the Governor described as a
'hellhole of desperation.'" This program is designed to help
individuals settle their unpaid tickets and, for those who had
their driver's licenses 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.
This program has allowed the courts to resolve more than
132,000 delinquent debt cases in just the first seven months
of the program. To help ensure that all eligible Californians
can receive the benefits of the program before it expires,
this bill ensures that all amnesty applications filed by March
31, 2017 will be processed, and that starting January 1, 2017,
the courts must process these applications within 90 days.
2)Background. The state Judicial Council annually adopts a
uniform traffic-penalty schedule for all non-parking
infractions outlined in the Vehicle Code. Due to additional
surcharges, penalties, and assessments, a base fine of $100,
for example, results in a total fine of $541. For many
individuals, a traffic violation can become prohibitively
expensive and can lead to a suspended driver's license. To
address this concern, the 2015-16 Budget agreement authorized
an 18-month traffic amnesty program for delinquent debt.
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. Moreover, SB 405 (Hertzberg, Chapter
385, Statutes of 2015) requires courts to allow individuals to
schedule court proceedings even if bail or civil assessment
has been imposed.
3)LAO recommendations. The Legislative Analyst's Office (LAO)
issued a report in January 2016 titled "Improving California's
Criminal Fine and Fee System." In it, the LAO identified a
number of problems, such as the fact that the complexity and
piecemeal nature of the system makes it difficult to control
the use of fine and fee revenues and to distribute revenue
accurately. The LAO made two major recommendations. First,
SB 881 (Hertzberg) Page 4 of ?
the Legislature should re-evaluate the structure of the
system, giving consideration to system goals, ability to pay,
consequences for failure to pay, and whether fines and fees
should be adjusted. Second, the Legislature should increase
legislative control of criminal fine and fee expenditures by
depositing most revenue in the General Fund; consolidating
most fines and fees; evaluating existing programs supported by
the revenues; and mitigating impacts on local government.
4)New bill. When this bill left the Senate, it focused on
eliminating suspension of driver's licenses as a means of
collecting court-ordered debt associated with non-safety
traffic offenses. After passing out of the Assembly
Appropriations Committee, it was gutted and amended based on
negotiations between the author, sponsors, Administration, and
Judicial Council, to instead make several changes to the
existing traffic amnesty program. According to the Western
Center on Law and Poverty (WCLP), co-sponsor of this bill,
"While all parties remain committed to resolving the issue of
license suspensions for minor traffic tickets, the
Administration prefers a 'global' solution that will ensure
justice for those losing their licenses and a reliable revenue
system for the courts of California."
5)Traffic amnesty program will expire in seven months. The
author added a provision to this bill on August 15 to extend
the traffic amnesty program, which currently expires on March
1, 2017, to December 31, 2017, in hopes of continuing the
program while the "global solution" referenced in Comment No.
4 could be developed and implemented. This provision,
however, was removed on August 19 due to cost concerns raised
by the Judicial Council. Thus, the traffic amnesty program
will sunset on March 31, 2017, pursuant to existing law. WCLP
states that "We have agreed to work with the Administration
and the Judicial Council to fashion a solution that will be
comprehensive and long-lasting."
6)Addressing program issues. WCLP states that the traffic
amnesty program established in last year's budget "was silent
on several important subjects that have become problematic
during its implementation." This bill addresses those issues
as follows: provides direction to the courts on how quickly
applications for amnesty must be transmitted to DMV; clarifies
that any application submitted on or before March 31, 2017,
must be processed under the same terms of amnesty; and ensures
SB 881 (Hertzberg) Page 5 of ?
that the terms and procedures of installment agreements
entered into by March 31, 2017, will be honored after the
amnesty programs ends.
Related Legislation:
SB 405 (Hertzberg, Chapter 385, Statutes of 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.
SB 85 (Committee on Budget and Fiscal Review, Chapter 26,
Statutes of 2015) - authorized an 18-month traffic amnesty
program, beginning October 1, 2015, for delinquent debt.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee by Monday, August 29,
2016.)
SUPPORT:
American Civil Liberties Union of California (co-sponsor)
Western Center on Law and Poverty (co-sponsor)
A New Way of Life Reentry Project
East Bay Community Law Center
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Legal Services for Prisoners with Children
OPPOSITION:
None received
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