BILL NUMBER: SB 1162 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2010
INTRODUCED BY Senator Walters
FEBRUARY 18, 2010
An act to amend Section 11208 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1162, as amended, Walters. Vehicles: traffic violator schools.
Existing law authorizes a court to order a person convicted of a
traffic violation to attend a traffic violator school licensed under
certain provisions of the Vehicle Code, or, in lieu of adjudicating a
traffic offense, if the defendant holds a certain noncommercial
driver's license, and with the consent of the defendant, to order the
person to attend a licensed traffic violator school, a licensed
driving school, or any other court-approved program of driving
instruction.
Existing law requires the Department of Motor Vehicles to charge a
fee , not to exceed $3, for each completion certificate
issued by a traffic violator school to each person referred by a
court and completing instruction at the school. Existing law requires
that the fee be used for various purposes relating to education for
traffic violators in the amount of $50 for annual
renewal of the license for a traffic violator school and for each
branch or classroom location .
This bill would , instead, require the clerk of a court
to collect a nonrefundable administrative fee of $2 from a person who
is ordered or permitted to attend a program of traffic safety
instruction. The bill would require $1 of the fee be retained by the
court to defray its costs and $1 of the fee be transmitted to the
department to defray the department's costs incurred to process and
maintain the records of traffic violators. The bill would require a
traffic violator school to provide a student referred by a court with
a certificate of completion. The bill would require a provider of a
court-approved program of driving instruction to provide, using
methods defined by the court, proof of completion of the program to
the court and to the student who is referred by a court
eliminate that fee for each classroom location .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11208 of the Vehicle Code is amended to read:
11208. (a) Fees for issuance by the department of a license to a
traffic violator school owner shall be as follows:
(1) For the original license or an ownership change that requires
a new application, except as provided by Section 42231, a fee of one
hundred fifty dollars ($150), with an additional fee of seventy
dollars ($70) for each separate traffic violator school branch or
classroom location licensed. The fee prescribed by this subdivision
is nonrefundable.
(2) For annual renewal of the license for a traffic violator
school and for each branch or classroom location, a
fee of fifty dollars ($50).
(3) If alteration of an existing license is required by a firm
name change, a change in corporate officer structure, address change,
or the addition of a traffic violator school branch or classroom
location, a fee of seventy dollars ($70).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(b) Fees for the issuance by the department of a license for a
traffic violator school operator shall be as follows:
(1) For the original license, a nonrefundable fee of one hundred
dollars ($100).
(2) For annual renewal of the license, a fee of fifty dollars
($50).
(3) If alteration of an existing license is caused by a change in
the name or location of the established principal place of business
of the traffic violator school operated by the licensee, including a
transfer by a licensee from one traffic violator school to another, a
fee of fifteen dollars ($15).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(c) Fees for the issuance by the department of a license for a
traffic violator school instructor shall be as follows:
(1) For the original license, except as provided by Section 42231,
a nonrefundable fee of thirty dollars ($30).
(2) For the triennial renewal of a license, a fee of thirty
dollars ($30).
(3) If alteration of an existing license is required by a change
in the instructor's employing school's name or location, or transfer
of the instructor's license to another employing school, a fee of
fifteen dollars ($15).
(4) For replacement of the instructor's license certificate when
the original license is lost, stolen, or mutilated, a fee of fifteen
dollars ($15).
(d) (1) In addition to the fee collected pursuant to subdivision
(a) of Section 42007, the clerk of the court shall collect from a
person who is ordered or permitted to attend a program of traffic
safety instruction from a provider described in Section 42005, a
nonrefundable administrative fee of two dollars ($2). The clerk shall
collect the fee at the same time the clerk collects other fees
pursuant to Section 42007. The court shall retain one dollar ($1) of
the fee to defray its costs and shall thereafter transmit monthly one
dollar ($1) of the collected fee to the Department of Motor Vehicles
to defray the department's costs incurred to process and maintain
the records of traffic violators pursuant to Sections 1803.5 and
1808.7 and associated costs.
(2) Upon satisfactory completion of the instruction offered by a
licensed traffic violator school, the traffic violator school shall
provide the student referred by a court pursuant to Section 42005
with a certificate of completion. The student shall present this
certificate of completion to the court as proof of completion of
instruction, and no other proof of completion of instruction may be
accepted by the court. The department shall provide certificate of
completion forms to the licensed traffic violator school, at no cost
to the school, for this purpose. If deemed feasible, the department
may permit a traffic violator school to submit proof of course
completion to the court electronically on behalf of the student.
(3) Upon satisfactory completion of the instruction offered by a
provider of a court-approved program of driving instruction, the
program provider shall, using methods defined by the court, provide
proof of completion of the program to the court and to the student
referred by a court pursuant to Section 42005.
(4) A certificate of completion shall not be issued to a person
who elects to attend a traffic violator school pursuant to
subdivision (b) of Section 11200.
(5) A traffic violator school may charge a fee not to exceed
fifteen dollars ($15) to issue a duplicate certificate of completion
that was requested by a traffic violator, when the original
certificate was lost, stolen, or mutilated.
(d) The department shall charge a fee, not to exceed three dollars
($3), for each completion certificate issued by a traffic violator
school to each person referred by a court pursuant to Section 42005
and completing instruction at the traffic violator school. The amount
of the fee shall be determined by the department and shall be a fee
sufficient to defray the actual costs incurred by the department for
publication and distribution of lists of schools for traffic
violators pursuant to Section 11205, for monitoring instruction,
business practices, and records of schools for traffic violators and
for any other activities deemed necessary by the department to assure
high quality education for traffic violators. Upon satisfactory
completion of the instruction offered by a licensed traffic violator
school, the traffic violator school shall provide the student
referred by a court pursuant to Section 42005 with a certificate of
completion furnished by the department. A certificate of completion
shall not be issued to a person who elects to attend a traffic
violator school. A traffic violator school shall not charge a fee in
excess of the fee charged by the department pursuant to this
subdivision for furnishing a certificate of completion. A traffic
violator school may charge a fee not to exceed fifteen dollars ($15),
to issue a duplicate certificate of completion that was requested by
a traffic violator, when the original certificate was lost, stolen,
or mutilated. A student referred by a court pursuant to Section 42005
shall present this certificate of completion to the court as proof
of completion of instruction, and no other proof of completion of
instruction may be accepted by the court.
(e) The department shall compile its actual costs incurred to
determine the fee prescribed in subdivision (d) and make available
its financial records used in the determination of the fee for
completion certificates. The fee shall be adjusted every odd-numbered
year based upon the costs incurred during the preceding two fiscal
years. The records described in this subdivision are public records.