California Assembly Bill AB2499 Amended / Bill

 BILL NUMBER: AB 2499AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 25, 2010 INTRODUCED BY Assembly Member Portantino FEBRUARY 19, 2010 An act to amend  Section 5004.5 of   Sections 1803.5, 1808.7, 11200, 11202, 11205, 11205.1, 11205.2, 40512.6, 41501, 42005, 42005.1, 42005.5, 42007, 42007.1, 42007.3, and 42007.4 of, to repeal Section 11205.4 of   , and to repeal and add Section 11208 of,  the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2499, as amended, Portantino.  Vehicles: motorcycles special plates.  Vehicles: traffic violator school program.   (1) Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors in a classroom setting. Existing law also defines the term "traffic violator school" for purposes of the Vehicle Code to mean, among other things, a business that provides instruction in traffic safety, including, but not limited to, classroom traffic violator curricula.   Existing law authorizes a court, in lieu of adjudicating a traffic offense committed by a person who holds a specified class of driver' s license, to order or permit a person to attend a licensed traffic violator school, licensed driving school, or other court-approved program of driving instruction. Existing law also permits a court to order a continuance against a person who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators, a licensed driving school, or any other court-approved program of driving instruction, and after that attendance, to dismiss the complaint, as specified.   This bill would revise and recast these provisions and, instead, would authorize the court, after a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, to order a continuance of the proceeding against a person who receives a notice to appear in court for a violation of a statute relating to safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators and order that the conviction be held confidential. The bill would prohibit the record of certain convictions from being confidential under these provisions.   The bill would also require that no violation point count be assessed if the record of conviction is confidential, unless other specified conditions apply.   (2) Existing law establishes traffic violator school licensing requirements.   This bill would revise these requirements, including the licensing criteria applicable to a traffic violator school owner or operator.   The bill would revise the requirements applicable to a court-approved program and would require a court-approved program that was in operation prior to July 1, 2011, to file an application for licensure as a traffic violator school by September 1, 2011. The bill would prohibit a court from approving a traffic safety program after June 30, 2011.   (3) Existing law authorizes a court to use a court assistance program (CAP) to perform services related to the processing and monitoring of traffic violators and traffic violator schools and establishes requirements for the program.   This bill would delete provisions relating to both a monitoring report prepared by a CAP and other provisions that preclude the Department of Motor Vehicles or the court from removing a traffic violator school from a referral list if certain conditions are met. The bill would also delete provisions relating to a requirement that the Judicial Council collect and compile data on CAPs and traffic safety instruction.   (4) Existing law requires a traffic violator school owner to file a bond of $2,000 with the department.   The bill would increase the amount of the bond to $15,000.   (5) Existing law establishes fees related to the department's licensing of traffic violator schools.   This bill would discontinue the fee charged for the completion certificate and would, instead, require the department to charge fees for issuance of an original, renewal, or duplicate or corrected traffic violator school owner, operator, instructor, and branch or classroom location license. The bill would require the court to collect a single administrative fee to be collected from the person attending the traffic violator school, which would include an amount sufficient to defray the cost of monitoring traffic violator school instruction.   (6) Existing law requires the court to make available to persons who choose the traffic violator school, the current list of traffic violator schools, published by the department.   This bill would require the department to provide a list of licensed traffic violator schools on its Internet Web site, as specified, and to develop a Web-based database accessible by the courts and traffic violator schools to allow oversight of traffic violator school student enrollments and course completions.   (7) Under existing law, with certain exceptions, a violation of the Vehicle Code is a crime.   Because this bill would change the definition of an existing crime, it would impose a state-mandated local program.   (8) The bill would make conforming changes.   (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.   Existing law requires an owner of a motorcycle manufactured in the year 1942 or prior, upon application in the manner and at the time prescribed by the Department of Motor Vehicles, to be issued special license plates for the motorcycle.   This bill would make technical, nonsubstantive changes to that law.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1803.5 of the   Vehicle Code   is amended to read:  1803.5.  (a)    In accordance with Section 41501 or 42005, the clerk of a court or hearing officer, when a person who receives a notice to appear at a court or board proceeding for a violation of any statute relating to the safe operation of vehicles is granted a continuance of the proceeding in consideration for  attendance   completion of a program  at a school for traffic violators,  a licensed driving school, or any other court-approved program of driving instruction, and which   that  results in a  dismissal of the complaint   designation of the conviction as confidential  in consideration for that attendance, shall prepare an abstract of the record of the court or board proceeding  that indicates that the person was convicted of the violation and ordered to complete a traffic violator program  , certify the abstract to be true and correct, and cause the abstract to be forwarded to the department at its office at Sacramento within  10   5  days after  the complaint is dismissed   granting a request or the entry of an order to attend a traffic   violator program  .  (b) This section shall become operative on September 20, 2005.   SEC. 2.   Section 1808.7 of the   Vehicle Code   is amended to read:  1808.7.  (a)    The record of the department relating to the first proceeding and  dismissal   conviction  under Section 1803.5 in any 18-month period for  participation by a person in   completion of  a licensed  school for  traffic  violators, a licensed driving school, or any other court-approved program of driving instruction,   violator school program  is confidential, shall not be disclosed to any person, except a court  and as provided for in subdivision (b)  , and shall be used only for statistical purposes by the department.  No violation point count shall be asse   ssed pursuant to Section 12810 if the conviction is confidential.   (b) The record of a conviction described in subdivision (a) shall not be confidential if any of the following circumstances apply:   (1) The person convicted holds a commercial driver's license as defined by Section 15210.   (2) The person convicted holds a commercial driver's license in another state, in accordance with Part 383 of Title 49 of the Code of Federal Regulations.   (3) The violation occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210.   (4) The conviction would result in a violation point count of more than one point pursuant to Section 12810.   SEC. 3.   Section 11200 of the   Vehicle Code   is amended to read:  11200. (a) The department shall license schools for traffic violators for purposes of Section  41501 or  42005 and to provide traffic safety instruction to other persons who elect to attend. A person may not own or operate a traffic violator school or, except as provided in Section 11206, give instruction for compensation in a traffic violator school without a currently valid license issued by the department. (b) (1) Any person who elects to attend a traffic violator school shall receive from the traffic violator school and shall sign a copy of the following consumer disclosure statement prior to the payment of the school fee and attending the school: "Course content is limited to traffic violator curricula approved by the Department of Motor Vehicles. Students in the classroom include traffic offenders, repeat traffic offenders, adults, and teenagers, and those who have and those who have not been referred by a court. Instructor training, business regulatory standards, and Vehicle Code requirements of traffic violator schools are not equal to the training, standards, and Vehicle Code requirements of licensed driving schools (California Vehicle Code  Section 11200 (b)(1)  )." (2) In the case of a minor who elects to attend a traffic violator school, the minor's parent or guardian shall sign the consumer disclosure statement. (3) A copy of each signed disclosure statement shall be retained by the traffic violator school for a minimum of 36 months. (4) This subdivision does not apply to  persons   a person  referred by  courts   a court  pursuant to Section 42005.  SEC. 4.   Section 11202 of the   Vehicle Code   is amended to read:  11202. (a) Except as provided in subdivision (c), a traffic violator school owner shall meet all of the following criteria before a license may be issued for the traffic violator school: (1) Maintain an established place of business in this state  which   that  is open to the public.  No   An  office or place of business of a traffic violator school, including any traffic violator school branch or classroom location,  may   shall not  be situated within 500 feet of any court of law  , unless the owner was established at the location on or before July 1, 1984  . (2) Conform to standards established by regulation of the department. In adopting the standards, the department shall consider those practices and instructional programs  which   that  may reasonably foster the knowledge, skills, and judgment necessary for compliance with traffic laws.  The department shall establish standards for each instructional modality, which may include requirements specific to each modality.  The standards may include, but are not limited to, school personnel, equipment, curriculum, procedures for the testing and evaluation of students, recordkeeping, and business practices. (3) Procure and file with the department a bond of  two thousand dollars ($2,000)   fifteen thousand dollars ($15,000)  executed by an admitted surety and conditioned upon the applicant not practicing  any  fraud or making  any   a  fraudulent representation  which   that  will cause a monetary loss to a person taking instruction from the applicant or to the state or any local authority. (4) Have  a classroom approved by the department and  the proper equipment necessary for giving instruction to traffic violators. (5) Have a lesson plan approved by the department,  except as provided for in paragraph (2) of subdivision (c)   ,  and provide not less than the minimum instructional time specified in the  approved  plan.  An approved lesson plan shall provide a minimum of 400 minutes of instruction, except that a lesson plan for instructing persons under the age of 18 may provide a minimum of 600 minutes of instruction.   The approved plan shall include a postlesson knowledge test. The lesson plan for each instructional modality shall require separate approval by the department.  (6) (A) Execute and file with the department an instrument designating the director as agent of the applicant for service of process, as provided in this paragraph, in any action commenced against the applicant arising out of any   a  claim for damages suffered by  any   a  person by the applicant's violation of  any   a  provision of this code committed in relation to the specifications of the applicant's traffic violator school or  any   a  condition of the bond required by paragraph (3). (B) The applicant shall stipulate in the instrument that  any     a  process directed to the applicant, when personal service cannot be made in this state after due diligence, may be served instead upon the director or, in the director's absence from the department's principal offices, upon  any   an  employee in charge of the office of the director, and this substituted service is of the same effect as personal service on the applicant. The instrument shall further stipulate that the agency created by the designation shall continue during the period covered by the license issued pursuant to this section and so long thereafter as the applicant may be made to answer in damages for a violation of this code for which the surety may be made liable or  any   a  condition of the bond. (C) The instrument designating the director as agent for service of process shall be acknowledged by the applicant before a notary public. (D) If the director or an employee of the department, in lieu of the director, is served with a summons and complaint on behalf of the licensee, one copy of the summons and complaint shall be left with the director or in the director's office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director or employee at the time of service of the copy of the summons and complaint, or shall be included with a summons and complaint served by mail. (E) The service on the director or department employee pursuant to this paragraph is sufficient service on the licensee if a notice of the service and a copy of the summons and complaint is, on the same day as the service or mailing of the summons and complaint, sent by registered mail by the plaintiff or his or her attorney to the licensee. A copy of the summons and complaint shall also be mailed by the plaintiff or plaintiff's attorney to the surety on the licensee' s bond at the address of the surety given in the bond, postpaid and registered with request for return receipt. (F) The director shall keep a record of all processes served pursuant to this paragraph showing the day and hour of service, and shall retain the documents served in the department's files. (G) If the licensee is served with process by service upon the director or a department employee in lieu of the director, the licensee has 30 days after that service within which to answer any complaint or other pleading filed in the cause. For purposes of venue, if the licensee is served with process by service upon the director or a department employee in lieu of the director, the service is considered to have been made upon the licensee in the county in which the licensee has or last had his or her established place of business. (7)  (A)    Meet the requirements of Section 11202.5  and subdivision (b) of Section 11208  , relating to traffic violator school operators, if the owner is also the operator of the traffic violator school. If the owner is not  designated to act as  the operator of the traffic violator school, the owner shall designate an  employee as  operator who shall meet the requirements of Section 11202.5.  (B) A person may only be designated as operator for one traffic violator school.   (C) A traffic violator school with multiple branch locations may designate a separate operator for each location, but shall designate one of the operators as the primary contact for the department.   (8) Have an instructor who meets the requirements of Section 11206. An owner who is designated as the operator for the school is authorized to act as an instructor without meeting the requirements of Section 11206. The owner license may also include authorization to act as an instructor if the owner is not designated as the operator but meets the requirements of Section 11206. The owner license shall specify if the owner is authorized to offer instruction. If the owner is not approved to act as an instructor, the school must employ an instructor licensed pursuant to Section 11202.6.   (8)   (9)  Provide the department with a written assurance that the school will comply with the applicable provisions of Subchapter II or III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), and any other federal and state laws prohibiting discrimination against individuals with disabilities. Compliance may include providing sign language interpreters or other accommodations for students with disabilities. (b) The qualifying requirements specified in subdivision (a) shall be met within one year from the date of application for a license, or a new application and fee is required.  (c) A court-approved program that was in operation prior to July 1, 2011, shall file an application for licensure as a traffic violator school by September 1, 2011. A court shall not approve a traffic safety program after June 30, 2011.   (1) A court-approved program may continue to operate as approved by a court until the department makes a licensing decision.   (2) A court-approved program shall be exempt from paragraph (5) of subdivision (a). The licensed program may continue to use the curriculum approved by the court until the department establishes curriculum standards in regulation. The court-approved program must comply with the new curriculum standards by the effective date established in regulation.   (c)   (d)  Paragraphs (3) and (6) of subdivision (a) do not apply to public schools or other public agencies, which shall also not be required to post a cash deposit pursuant to Section 11203.  (d)   (e)  Paragraph (7) of subdivision (a) does not apply to public schools or other public educational institutions.  (e)   (f)  A notice approved by the department shall be posted in every traffic violator school, branch, and classroom location stating that any person involved in the offering of, or soliciting for, a completion certificate for attendance at a traffic violator school program in which the person does not attend or does not complete the minimum amount of instruction time  provided by subdivision (a)  may be guilty of violating Section 134 of the Penal Code.  SEC. 5.   Section 11205 of the   Vehicle Code   , as amended by Section 1 of Chapter 518 of the Statutes of 2003, is amended to read:   11205. (a) The department shall publish a traffic violator school referral list of all the approved locations of traffic violator school classes, by school name, to be transmitted to each superior court in the state in sufficient quantity to allow the courts to provide a copy to each person referred to traffic violator school. The list shall be revised at least twice annually and transmitted to the courts by the first day of January and the first day of July. It shall include all of the following: (1) The name of each traffic violator school or, pursuant to subdivision (d), the general term "traffic violator school" followed by its traffic violator school license number. (2) A phone number used for student information. (3) The county and the judicial district. (4) The cities where classes are available. (b) Each traffic violator school owner shall be permitted one school name in a judicial district. (c) The list shall be organized alphabetically in sections for each county and subsections for each judicial district within the county. The order of the names within each judicial district shall be random pursuant to a drawing or lottery conducted by the department. (d) On the list prepared by the department under subdivision (c), each traffic violator school shall appear by name unless a court determines, pursuant to subdivision (e), that a name is inappropriate and directs the department to delete the name and instead list the school by the term "traffic violator school" followed by its license number. The deletion of the name of a school from the list for a judicial district shall not affect whether that school appears by name on the list for any other judicial district within the state. In making a determination under this subdivision regarding the deletion of a name from the list, the court shall use as its criteria whether the name is misleading to the public, undignified, or implies that the school offers inducements or premiums which derogate or distort the instructional intent of the traffic safety program. (e) When the department transmits any referral list pursuant to subdivision (a), each court shall do all of the following: (1) Within 30 days of receipt of the list, notify the school owner of any school name that the court intends to remove from the referral list. In its written notice, the court shall set forth the specific basis and rationale for its decision. (2) Within 60 days of receipt of the list, make every effort to schedule, conduct, and complete a hearing for the school owner, or a representative, if requested, at which the sole issue shall be whether the name violates the standards set forth in subdivision (d). A substitute name may be submitted to the court at the conclusion of the hearing, pursuant to subdivision (h). (3) Within 10 days of the completion of that hearing, notify the department and school owner of any school names it intends to remove from the referral list. (f) In order for a court action to delete a school name from the next referral list published by the department, the department shall receive court notification no later than 90 days prior to publication of the next referral list and, absent a direct order by the appellate division of the superior court or a court of higher jurisdiction, the department may not fail to publish a referral list on the grounds that there exists pending litigation or appeals concerning the lists. (g) Any court notifying the department of a school name it intends to remove from the list, pursuant to this section, shall provide the school owner with the name of the judge making those findings. (h) When a court informs a school owner, pursuant to subdivision (e), of its decision to delete the name of a traffic violator school from that judicial district's subsection of the department's traffic violator school referral list, the owner may, on a form approved by the department, submit a substitute name to the court and request approval of that name. The court shall, within 30 days of receipt of the request for approval of the substitute name, inform the department and the school owner, on a form approved by the department, of its approval or rejection of the substitute name. The school owner may continue this appeal process for approval of a substitute name until the court determines that the name does not violate the standard set forth in subdivision (d). A name approval in a judicial district shall not affect the school's name or listing in any other district in the state. The department shall not impose any fee or license requirement under this subdivision. (i) If a court fails to act within 30 days on a request of a traffic violator school owner, pursuant to subdivision (h), the proposed substitute name shall be deemed approved by the court for the purposes of the traffic violator school referral list. (j) (1) Every application filed with the department on and after June 1, 1991, for an original license by a traffic school owner or for approval to conduct classes in a judicial district not previously approved, shall be accompanied by the approval of the court in each judicial district proposed for those operations of the name of the school, on a form approved by the department for that purpose. For the approved name to be included in the traffic violator school referral list, the form shall be received by the department no later than 90 days prior to publication. (2) When a court disapproves a school name pursuant to this subdivision, the court shall notify the school owner within 30 days of its disapproval and schedule a hearing for that school owner, or a representative, if requested, at which the sole issue shall be whether the name violates the standards set forth in subdivision (d). A substitute name may be submitted to the court at the conclusion of the hearing, pursuant to subdivision (h). (3) The court shall make every effort to schedule, conduct, and complete a hearing within 60 days of receipt of the school owner's request for a school name approval. A name approval in a judicial district shall not affect the school's name or listing in any other district in the state. A change in physical location by a school within a judicial district shall not require approval pursuant to this subdivision. (k) The department shall publish a list of the owners of traffic violator schools. One copy shall be provided to each superior court in the state. This list shall be revised at least twice annually and transmitted to the courts by the first day of January and the first day of July. This list shall include all of the following: (1) The name of each school, grouped by owner. (2) The business office address. (3) The business office telephone number. (4) The license number. (5) The owner's name. (6) The operator's name. (  l  ) Except as otherwise provided in subdivision (d) of Section 42005, the court shall use either the current list of traffic violator schools published by the department when it orders a person to complete a traffic violator school pursuant to subdivision (a) or (b) of Section 42005 or, when a court utilizing a nonprofit agency for traffic violator school administration and monitoring services in which all traffic violator schools licensed by the department are allowed the opportunity to participate, a statewide referral list may be published by the nonprofit agency and distributed by the court. The agency shall monitor each classroom location situated within the judicial districts in which that agency provides services to the courts and is represented on its referral list. The monitoring shall occur at least once every 90 days with reports forwarded to the department and the respective courts on a monthly basis.  11205.   (a) The department shall provide a list of licensed traffic violator schools on its Internet Web site. For each licensed school, the list shall indicate the modalities of instruction offered and specify the cities where classroom instruction is offered. The sequential listing of licensed schools shall be randomized daily.   (b) The department shall develop a Web-based database accessible by the courts and traffic violator schools to allow oversight of traffic violator school student enrollments and course completions.   (m)   (c)  The court may charge a traffic violator a fee to defray the costs incurred by  the agency   a court assistance program  for  the  monitoring  reports   activities performed pursuant to subdivision (a) of Section 11205.2  and  traffic administration  services provided to the court. The court may delegate collection of the fee to the  agency   court assistance program  . Fees shall be approved and regulated by the court.  Until December 31, 1996, the   The  fee shall not exceed the actual cost incurred by the  agency or five dollars ($5), whichever is less   court assistance program  .  (n) If any provision of subdivision (d) or (e), as added by Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the application thereof to any person, is held to be unconstitutional, this section is repealed on the date the decision of the court so holding becomes final.   SEC. 6.   Section 11205.1 of the   Vehicle Code   is amended to read:  11205.1. The fee authorized in subdivision  (m)   (c)  of Section 11205 shall be applicable only in those instances where a traffic violator has agreed to attend or has been ordered to attend a traffic violator school pursuant to Section  41501 or  42005  , a licensed driving school, or any other court-approved program for driving instruction  .  SEC. 7.   Section 11205.2 of the   Vehicle Code   is amended to read:  11205.2. (a) As used in this chapter,  a  court assistance program (CAP) is a public or private nonprofit agency that provides services, under contract with a court, to process traffic violators. (b) A court may use a CAP to assist the court in performing services related to the processing of traffic violators. As used in this section, "services" includes those services relating to the processing of traffic violators at, and for, the court.  (c) Whenever a CAP monitors a designated traffic violator school, the CAP shall follow the procedures set forth in subdivision (d) of Section 11214. The CAP shall send its monitoring report to the department for review, evaluation, processing and any further action determined necessary by the department. A copy of the report shall also be provided to the court. The role of a CAP is limited to that set forth in this chapter. Nothing in this chapter abrogates or limits the inherent powers of the courts under Article VI of the California Constitution.   (d) When a monitoring report is adverse, the CAP shall send a copy to the licensee within 30 days after the date of the monitoring. Copies of all other monitoring reports shall be available to a licensee upon request and payment of a fee. The fee may not exceed the cost of postage and photocopying.   (e) The department or a court may not remove the name of a traffic violator school that does not have a suspended or revoked license from any part of a student referral list published by the department or CAP pursuant to Section 11205, unless the school owner is first provided notice and the opportunity to request a hearing conducted by the department or a court, to determine whether there are sufficient grounds to warrant removal of the school's name. Any decision to remove a name may be appealed to any court of competent jurisdiction.   (f) In the event that a CAP, acting pursuant to a contract with a court, audits or inspects the records of a traffic violator school, the CAP shall use the same process and procedures used by the department to conduct the audit or inspection.   (g)   (c)  This section does not preclude a court from entering into a contract with public or private nonprofit agencies to provide services to the court, other than those described in this section  , provided that the services do not duplicate those conducted by the department  .  SEC. 8.   Section 11205.4 of the   Vehicle Code   is repealed.   11205.4. (a) By June 1, 2005, the Judicial Council shall do all of the following: (1) Collect information from each superior court regarding whether and how the court works with the following entities: (A) Traffic violator schools licensed by the department under this chapter. (B) Court-approved programs of traffic safety instruction operated in accordance with the procedures established under Sections 1803.5, 1808.7, 11205.1, 41501, 42005, and 42007. (C) Court assistance programs (CAPs) that operate in accordance with the procedures established under Sections 11205 and 11205.2. (2) Collect information from each superior court regarding whether the court contracts with a CAP, and if so, how the CAP fee is set and what specific services are funded by the CAP fee. If a court does not contract with a CAP, determine how the court provides for all services related to processing traffic violators, including both traffic violator schools licensed by the department and court-approved programs of traffic safety instruction. This information shall include, but is not limited to, the total fees collected in the most recent prior fiscal year and the total expenditure of those fees by category, together with the total unexpended fees retained by the court. (3) Compile the information specified in paragraphs (1) and (2) in a report that provides a clear understanding of the current system involving the collection and expenditure of traffic violator fees. (4) Recommend one or more approaches to setting a fiscal policy for the fees charged pursuant to Section 11205 to those traffic violators who have chosen or been ordered to attend a department licensed traffic violator school or court-approved program of traffic safety instruction. (b) The financial data and information collected by the Judicial Council pursuant to subdivision (a) shall be provided by the Judicial Council to a person upon request and payment of a fee to cover the cost of photocopying and postage.   SEC. 9.   Section 11208 of the   Vehicle Code   is repealed.   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 which 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) 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.   SEC. 10.   Section 11208 is added to the   Vehicle Code   , to read:   11208. (a) The department shall charge a fee, to be determined by the department, for the following traffic violator school program activities: (1) Original issuance of a traffic violator school owner, operator, instructor, and branch or classroom location license. (2) Renewal of a traffic violator school owner, operator, instructor, and branch or classroom location license. (3) Issuance of a duplicate or corrected traffic violator school owner, operator, instructor, and branch or classroom location license. (4) Transfer of an operator or instructor license from one traffic violator school to another. (5) Approval of curriculum, based on the instructional modality of the curriculum. (6) Fees for administering the examinations pursuant to Sections 11206 and 11207. (b) The fees authorized under subdivision (a) shall be sufficient to defray the actual cost to the department to administer the traffic violator school program, except for routine monitoring of instruction. (c) A single administrative fee shall be assessed against, and collected by the court from, each driver who is allowed or ordered to attend traffic violator school. Included in this fee shall be an amount determined by the department to be sufficient to defray the cost of routine monitoring of traffic violator school instruction.   SEC. 11.   Section 40512.6 of the   Vehicle Code   is amended to read:  40512.6. If a defendant who elects  or is ordered  to attend a traffic violator school in accordance with Section 42005 and has paid the full traffic violator school fee under Section 42007 fails to submit proof of completion within the time ordered by the court or any extension thereof, the court may, following notice to the defendant, order that the fee paid by the defendant be converted to bail and declare the bail forfeited. The bail forfeiture under this section shall be distributed as provided by Section 42007. Upon forfeiture of the bail, the court may order that no further proceedings shall be had in the case  or follow the procedure in paragraph (2) of   subdivision (a) of Section 41501  .  SEC. 12.   Section 41501 of the   Vehicle Code   is amended to read:  41501. (a)  The   (1)     After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, the  court may order a continuance of a proceeding against a person, who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators  , a licensed driving school, or any other court-approved program of driving instruction, and, after that attendance  and pursuant to Section 1803.5 or 42005, the court may  dismiss the complaint under the following conditions:   (1) If the offense is alleged to have been committed within 12 months of another offense that was dismissed under this section, the court may order the continuance and, after the attendance, dismiss the complaint. The court may order attendance at a licensed school for traffic violators that offers a program of at least 12 hours of instruction.   (2)     If   order   that the conviction be held confidential by the department according to Section 1808.7 if  the offense is not alleged to have occurred within 18 months of another offense that was  dismissed   held confidential  under this section,  and  the court may order  the continuance and, after the attendance, dismiss the complaint if the attendance is at any of the types of schools or programs that the court directed pursuant to Section 42005 at the time of ordering the continuance   or permit completion of a licensed traffic violator school program  .  (2) The person shall submit to the court a certificate of completion for the traffic violator program by the date required by the court. If the certificate of completion is not received by the court as required, the court may issue an order to show cause for the failure to comply with the court's order. Upon issuance of an order to show cause, the court shall notify the person by mail that failure to appear at court within 10 days of the notice and show good cause for the failure to comply with the order to submit a certificate of completion shall result in the reporting of the conviction, assessment of points for an offense, and an increased sentence up to the full fine, penalties, and fees allowed by law for the conviction. If the person fails to appear as ordered, the court shall update the court records to change the status of the conviction included in the previous order from confidential to public and shall report the conviction to the department.  (b) Subdivision (a) does not apply to a person who receives a notice to appear as to, or is otherwise charged with, a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810.  SEC. 13.   Section 42005 of t   he   Vehicle Code   is amended to read:  42005. (a)  The  Except as otherwise provided in this section, after a deposit of the fee under Section 42007 or bail, a plea of guilty or no contest, or a conviction, a  court may order or permit a person  who holds a noncommercial class C, class M1, or class M2 driver's license who pleads guilty or no contest or  is convicted of a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. (b)  In lieu of adjudicating a traffic offense committed by a person who holds a noncommercial class C, class M1, or class M2 driver's license, and with the consent of the defendant, the court may order the person to attend a licensed traffic violator school, a licensed driving school, or any other court-approved program or driving instruction.   (c)    Pursuant to Title 49 of the Code of Federal Regulations, the court may not order or permit a person who holds a class A, class B, or commercial class C driver's license to complete a licensed traffic violator school,  a licensed driving school, or any other court-approved program of driving instruction  in lieu of adjudicating any traffic offense  committed by the holder of a class A, class B, or commercial class C driver's license   or order that a conviction of a traffic offense by a person holding a class A, class B, or commercial class C driver's license be kept confidential  .  (d)   (c)  The court  may   shall  not order  that a conviction of an offense be kept confidential according to Section 1808.7  or permit a person, regardless of the driver's license class, to complete  a program at  a licensed traffic violator school  , a licensed driving school, or any other court-approved program of driving instruction  in lieu of adjudicating an offense if  that   either of the following applies to the  offense  is either of the following  : (1)  Occurred   It   occurred  in a commercial motor vehicle, as defined in subdivision (b) of Section 15210  .   or  (2) Is a violation of Section 20001, 20002, 23103, 23104, 23105, 23140, 23152, or 23153, or of Section 23103, as specified in Section 23103.5.  (e)   (d)   Except as otherwise provided in subdivision (f), a   A  person  so  ordered  to attend a traffic violator school pursuant to subdivision (a)  may choose the traffic violator school the person will attend. The court shall make available to each person subject to that order  the   information regarding obtaining the d   epartment   's  current list of traffic violator schools published  online  by the department pursuant to Section 11205.  (f)   (e) In those counties where, prior to January 1, 1985, one or more individual courts, or the county acting on behalf of one or more individual courts, contracted for the provision of traffic safety instructional services to traffic violators referred by the court pursuant to a pretrial diversion program, the courts may restrict referrals under this section to those schools for traffic violators or licensed driving schools that are under contract with the court or with the county to provide traffic safety instructional services for persons referred pursuant to subdivision (a).   (g)   (f) A county described in Section 28023 of the Government Code may continue to provide the program authorized by this section in accordance with the provisions of current and future contracts as may be amended and approved by the individual courts within that county and the county shall be exempt from state regulations relative to maximum classroom attendance.   (h)   (g) Notwithstanding subdivisions (f) and (g), a court in the counties described in those subdivisions shall comply with the prohibitions set forth in subdivisions (c) and (d).   (i)   (e)  A person who willfully fails to comply with a court order to attend traffic violator school is guilty of a misdemeanor.  SEC. 14.   Section 42005.1 of the   Vehicle Code   is amended to read:  42005.1. The court may order  any   a  person designated to attend a traffic violator school to instead participate in a study of traffic violator schools licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. The person's participation in that study constitutes attending a  court-supervised program of traffic safety instruction for purposes of Section 42007   licensed traffic violator school program  .  SEC. 15.   Section 42005.5 of the   Vehicle Code   is amended to read:  42005.5. Notwithstanding Section 46300 or 84500 of the Education Code or any other provision of law, on and after September 1, 1985, attendance at a school for traffic violators  permitted or  ordered pursuant to Section  41501 or  42005 shall not be included in computing the average daily attendance of any school district, community college district, or other public educational institution for purposes of allocation of state funds.  SEC. 16.   Section 42007 of the   Vehicle Code   is amended to read:  42007. (a) (1) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section  41501 or  42005  or who attends any other court-supervised program of traffic safety instruction  . The fee shall be in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, "total bail" means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Statewide Bail Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts.  Where   If  multiple offenses are charged in a single notice to appear, the "total bail" is the amount applicable for the greater of the qualifying offenses. However, the court may determine a lesser fee under this subdivision upon a showing that the defendant is unable to pay the full amount. The fee shall not include the cost, or any part thereof, of traffic safety instruction offered by the school  or other program  . (2) The clerk may accept from a defendant who is ordered or permitted to attend traffic violator school a payment of at least 25 percent of the fee required by paragraph (1) upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment of the fee in installments.  When   If  the defendant signs the Judicial Council form for payment of the fee in installments, the court shall continue the case to the date in the agreement to complete payment of the fee and submit the certificate of completion of traffic violator school to the court. The clerk shall collect a fee of up to thirty-five dollars ($35) to cover the cost of processing an installment payment of the traffic violator school fee under this paragraph. (3)  When  If  a defendant fails to make an installment payment of the fee according to an installment agreement, the court may convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction under Section 1803. The court may also charge a failure to pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code or issue an arrest warrant for a failure to pay. (b) Revenues derived from the fee collected under this section shall be deposited in accordance with Section 68084 of the Government Code in the general fund of the county and, as may be applicable, distributed as follows: (1) In any county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund. (2) In any county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code and, commencing January 1, 2009, an amount equal to the sum of each two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code with respect to those counties to which that section is applicable shall be deposited in that fund. Nothing in the act that added this paragraph shall be interpreted in a manner that would result in either of the following: (A) The utilization of penalty assessment funds that had been set aside, on or before January 1, 2000, to finance debt service on a capital facility that existed before January 1, 2000. (B) The reduction of the availability of penalty assessment revenues that had been pledged, on or before January 1, 2000, as a means of financing a facility  which   that  was approved by a county board of supervisors, but on January 1, 2000, is not under construction. (3) The amount of the fee that is attributable to Section 70372 of the Government Code shall be transferred pursuant to subdivision (f) of that section. (c) For fees resulting from city arrests, an amount equal to the amount of base fines that would have been deposited in the treasury of the appropriate city pursuant to paragraph (3) of subdivision (b) of Section 1463.001 of the Penal Code shall be deposited in the treasury of the appropriate city.  (d) As used in this section, "court-supervised program" includes, but is not limited to, any program of traffic safety instruction the successful completion of which is accepted by the court in lieu of adjudicating a violation of this code.   (e)   (d)  The clerk of the court, in a county that offers traffic school shall include in any courtesy notice mailed to a defendant for an offense that qualifies for traffic school attendance the following statement: NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected.  One conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program.   (f)   (e)  Notwithstanding any other provision of law, a county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code shall not be held liable for having deposited into the fund, prior to January 1, 2009, an amount equal to two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code from revenues derived from traffic violator school fees collected pursuant to this section.  SEC. 17.   Section 42007.1 of the   Vehicle Code   is amended to read:  42007.1. (a) The fee collected by the clerk pursuant to subdivision (a) of Section 42007 shall be in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule plus  forty-nine dollars   a forty-nine-dollar  ($49)  court administrative fee and a fee determined by the department to be sufficient to defray the cost of routine monitoring of traffic violator   school instruction pursuant to subdivision (b) of Section 11208  . (b) Notwithstanding subdivision (b) of Section 42007, the revenue from the forty-nine-dollar ($49) fee collected under this section shall be deposited in the county general fund. Fifty-one percent of the amount collected under this section and deposited into the county general fund shall be transmitted therefrom monthly to the Controller for deposit in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5 of the Government Code.  (c) The fee assessed pursuant to subdivision (b) of Section 11208 shall be allocated to the department to defray the costs of monitoring traffic violator school instruction.   SEC. 18.   Section 42007.3 o   f the   Vehicle Code   is amended to read:  42007.3. (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section  41501 or  42005 as a result of a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be allocated as follows: (1) The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred. (2) The balance of the amount collected shall be deposited by the county treasurer under Section 42007. (b) This section does not apply to the additional  twenty-four dollars ($24)   forty-nine-dollar ($49) court administrative fee assessed pursuant to subdivision (b) of Section 11208  collected under subdivision (a) of Section 42007.1.  SEC. 19.   Section 42007.4 of the   Vehicle Code   is amended to read:  42007.4. (a) Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section 369b of the Penal Code as a result of a violation of subdivision (c) of Section 21752, involving railroad grade crossings, or Section 22451 or 22452 shall be allocated as follows: (1) If the offense occurred in an area where a transit district or transportation commission established under Division 12 (commencing with Section 130000) of the Public Utilities Code provides rail transportation, the first 30 percent of the amount collected shall be allocated to the general fund of that transit district or transportation commission to be used only for public safety and public education purposes relating to railroad grade crossings. (2) If there is no transit district or transportation commission providing rail transportation in the area where the offense occurred, the first 30 percent of the amount collected shall be allocated to the general fund of the county in which the offense occurred, to be used only for public safety and public education purposes relating to railroad grade crossings. (3) The balance of the amount collected shall be deposited by the county treasurer under Section 1463 of the Penal Code. (4) A transit district, transportation commission, or a county that is allocated funds pursuant to paragraph (1) or (2) shall provide public safety and public education relating to railroad grade crossings only to the extent that those purposes are funded by the allocations provided pursuant to paragraph (1) or (2). (b) This section does not apply to the additional  twenty-four dollars ($24)   forty-nine-dollar ($49) court administrative fee assessed pursuant to subdivision (b) of Section 11208  collected under subdivision (a) of Section 42007.1.  SEC. 20.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SECTION 1.   Section 5004.5 of the Vehicle Code is amended to read: 5004.5. (a) Notwithstanding any other provision of this code, an owner of a motorcycle manufactured in the year 1942 or prior to that year shall, upon application in the manner and at the time prescribed by the department, be issued special license plates for the motorcycle. The special license plates assigned to the motorcycle shall run in a separate numerical series. An additional fee of fifteen dollars ($15) shall be charged for the initial issuance of the special license plates. The plates shall be permanent and shall not be required to be replaced. If the special license plates become damaged or unserviceable in any manner, replacement for the plates may be obtained from the department upon proper application and upon payment of the fee as is provided for in Section 9265. Except as otherwise provided in this section, the motorcycle shall be subject to the same annual registration fees and provisions of law as are other motorcycles. (b) Revenues derived from the fees provided for in this section above actual costs of the production and issuance of the special plates for motorcycles, or the replacement thereof, shall be deposited in the California Environmental License Plate Fund by the department.