BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 881
          Author:   Hertzberg (D)
          Amended:  8/24/16  
          Vote:     21 

           PRIOR VOTES NOT RELEVANT

           SENATE TRANS. & HOUSING COMMITTEE:  10-0, 8/31/16
           AYES:  Beall, Allen, Bates, Gaines, Galgiani, Leyva, McGuire,  
            Mendoza, Roth, Wieckowski
           NO VOTE RECORDED:  Cannella

           ASSEMBLY FLOOR:  80-0, 8/30/16 - See last page for vote

           SUBJECT:   Vehicles: violations: payment of fines and bail


          SOURCE:    American Civil Liberties Union of California
                     Western Center on Law and Poverty


          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.  


          Assembly Amendments delete the Senate version of this bill and  
          instead require the court, when required to issue and file a  
          certificate with the Department of Motor Vehicles (DMV)  
          regarding an individual who has satisfied the requirements of  
          the amnesty program, to do so within 90 days; require the court,  
          for applications submitted prior to January 1, 2017, that are  
          still outstanding as of that date, to issue and file  
          certificates no later than March 31, 2017; provide that for  
          applications submitted on or before March 31, 2017, all terms  








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          and procedures related to the participant's payment plans shall  
          remain in effect after that date; and require an individual to  
          file a request with the court by March 31, 2017, in order to be  
          eligible for amnesty.  


          ANALYSIS:  


          Existing law: 


          1)Authorizes a court to notify the state 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)Requires the court, when an individual appears before a  
            traffic referee or superior court judge regarding a traffic  
            offense, to consider the individual's ability to pay if he or  
            she so requests.  


          3)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  
               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.








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             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.


          Background










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          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) required courts to allow individuals to  
          schedule court proceedings even if bail or civil assessment has  
          been imposed.

          Legislative Analyst's Office (LAO) recommendations.  The 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, 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.  


          Comments


          5)New bill.  When this bill left the Senate, it focused on  








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            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."

          6)Traffic amnesty program will expire in seven months.  The  
            author added a provision to this bill on August 15, 2016, 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  
            1) above could be developed and implemented.  This provision,  
            however, was removed on August 19, 2016, 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."

          7)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  
            that the terms and procedures of installment agreements  
            entered into by March 31, 2017, will be honored after the  
            amnesty programs ends.  

          Related/Prior Legislation
          
          SB 405 (Hertzberg, Chapter 385, Statutes of 2015) required  








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          courts to allow individuals to schedule court proceedings, even  
          if bail or civil assessment has been imposed, and clarified 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.:NoLocal:    No


          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.


          SUPPORT:   (Verified8/26/16)

          American Civil Liberties Union of California (co-source)
          Western Center on Law and Poverty (co-source)
          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 (Verified 8/26/16)


          None received

          ARGUMENTS IN SUPPORT:   A coalition of supporters of this bill  
          state that "this highly successful amnesty program has restored  
          driver's licenses to more than 100,000 Californians and 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  








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          applications within 90 days.  

           ASSEMBLY FLOOR:  80-0, 8/30/16
           AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon


          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          8/31/16 16:10:33


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