BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 1986
          Author:   Linder (R)
          Amended:  4/21/14 in Assembly
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  10-0, 6/26/14
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Roth, Wyland
          NO VOTE RECORDED:  Pavley
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  73-0, 5/23/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Traffic violator school program

           SOURCE  :     Author


           DIGEST  :    This bill changes the date by which the Department of  
          Motor Vehicles (DMV) is required to submit its annual traffic  
          violator school (TVS) report to the Legislature and makes a  
          technical correction related to the TVS list maintained by DMV.

           ANALYSIS  :    Existing law defines a TVS as a business that, for  
          compensation, provides traffic safety instruction for  
          individuals who are referred by a court or who choose, if  
          allowed, to attend.  Existing law authorizes a court to order or  
          allow certain traffic violators to attend a TVS.  

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                                                                    AB 1986
                                                                     Page  
          2

          Existing law requires DMV to provide a list of licensed TVSs on  
          its Web site.  For each licensed school, the list must indicate  
          the modalities of instruction offered (e.g., classroom-based,  
          home-based, and Internet-based), and specify the cities where  
          classroom instruction is offered.  The sequential listing of  
          licensed schools shall be randomized daily.

          Existing law requires a court or traffic assistance program,  
          when providing a hard copy list of licensed TVSs to a traffic  
          violator, to provide only a current date-stamped list downloaded  
          from DMV's Web site.  The hard copy list shall be as current as  
          practicable, but not more than 60 days old.

          Existing law requires DMV to develop a web-based database to  
          enable DMV, the courts, and TVSs to monitor, report, and track  
          participation and course completion.  TVSs shall update course  
          information within three business days of class completion and  
          provide class completion information to the courts on a daily  
          basis.

          Existing law requires DMV to report annually to the Legislature,  
          by December 31 of each year, the following information related  
          to implementation of AB 2499 (Portantino, Chapter 599, Statutes  
          of 2010):

           The number and type of TVS programs DMV has licensed.

           The average number of days required to process each licensing  
            application.

           The performance measures DMV has established for monitoring  
            activities, including those DMV has contracted out to third  
            parties.

           Details relating to costs to show how fees were spent.

           A breakdown of all complaints DMV has received and how DMV  
            disposed of or resolved them.

          This bill:

           Changes the date by which DMV is required to submit the TVS  
            report to the Legislature from December 31 of each year to  
            December 15 of each year.

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                                                                    AB 1986
                                                                     Page  
          3


           Makes a technical correction to existing law relating to the  
            TVS list maintained by DMV.

           Background
           
          According to the DMV's 2013 TVS report to the Legislature, at  
          the end of fiscal year 2012-13 there were 537 licensed  
          businesses offering TVS services, including 292 classroom  
          courses, 129 home study courses, and 283 Internet courses.  A  
          school may offer one or more modality options once the  
          curriculum for each modality has been approved by DMV.

          AB 2499 enacted a regulatory scheme to help provide consistency  
          among TVSs.  Among other things, the bill established DMV  
          oversight over all types of TVSs (e.g., classroom-based,  
          home-based, and Internet-based); required DMV to develop a  
          web-based database, accessible to the courts and TVSs, to  
          monitor, report, and track participation and course completion;  
          and required DMV to provide on its Web site a randomized list of  
          all TVSs.  It also required DMV to report annually to the  
          Legislature on the status and progress of AB 2499  
          implementation.  The bill took effect on September 1, 2011.  

          Subsequently, AB 383 (Wagner, Chapter 76, Statutes of 2013) an  
          annual "maintenance of the codes" bill, made numerous  
          non-substantive changes in various provisions of law to  
          implement recommendations made by Legislative Counsel.  Among  
          other things, the bill aimed to delete an obsolete, permanently  
          inoperative version of the Vehicle Code relating to the TVS list  
          maintained by DMV.  Instead, however, the bill erroneously  
          deleted only the sunset clause, causing the provision to again  
          become operative.  As a result, two incompatible versions of the  
          same section in the Vehicle Code now exist.  This bill deletes  
          the entire obsolete section.

           Comments
           
          The author's office states that moving the TVS report date to  
          earlier in December will provide more time for the Legislature  
          to review any recommendations in the report before the start of  
          the new legislative session.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    

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                                                                    AB 1986
                                                                     Page  
          4

          Local:  No

           ASSEMBLY FLOOR  :  73-0, 5/23/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,  
            Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Bonilla, Harkey, Roger Hern�ndez, Melendez,  
            Nestande, V. Manuel P�rez, Vacancy


          JA:k  8/6/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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