BILL NUMBER: AB 1888INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gatto FEBRUARY 22, 2012 An act to amend Sections 1803.5, 1808.7, 11100, 12810.5, 42005, 42007, and 42007.1 of, to amend and repeal Section 41501 of, and to add Chapter 1.6 (commencing with Sections 11250) to Division 5 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1888, as introduced, Gatto. Vehicles: commercial driver violator schools. (1) Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes 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 completion of a program at a licensed school for traffic violators. The court is authorized to order that the conviction be held confidential, unless the person holds a commercial driver's license or the violation occurred in a commercial vehicle. The court is prohibited from ordering or permitting a person who holds a class A, class B, or commercial class C driver's license to complete a licensed traffic violator school. Existing law requires that no violation point count be assessed if the record of conviction is confidential. A violation of the Vehicle Code is a crime. This bill would allow the court, after a deposit of a specified fee or bail, a plea of guilty or no contest, or a conviction, to order or permit a person who holds a class A license, class B license, or commercial class C driver's license to attend a commercial driver violator school. The bill would specify procedures for the confidentiality of the record of conviction. The bill would prohibit the point count for the violation from being added to the driver's record if the driver is licensed with a class A license, class B license, or commercial class C driver's license and is allowed to, and completes, a course of instruction at a licensed commercial driver violator school. The bill would require the department to add the violation point if the driver incurs a point violation within 12 months after the date the driver completes the course of instruction at a commercial driver violator school. This bill would authorize the department to license commercial driver violator schools for commercial drivers holding a class A, class B, or commercial driver's class C license and to provide commercial driver safety instruction to other persons holding those licenses who elect to attend. The bill would specify procedures for the department's licensing of commercial driver violator school owners and commercial driver violator school operators. The department would also be authorized to issue a license certificate to commercial driver violator school instructors who meet specified requirements, including having specified experience in law enforcement or commercial enforcement or training and satisfactory completion of an examination, as provided. The bill would require the department to provide a list of licensed commercial driver violator schools on its Internet Web site. The bill would authorize a traffic assistance program to also provide services, under contract with a court, to process commercial violators and would allow the department to use a traffic assistance program for monitoring of licensed commercial driver violator schools. The bill would require the department to charge a fee, to be determined by the department, for certain commercial driver violator school program activities and would require a single administrative fee to be assessed against, and collected by the court from, each driver who is allowed or ordered to attend commercial driver violator school to defray the cost of routine monitoring of commercial driver violator school instruction. The bill would also require the clerk of the court to collect a specified fee from persons ordered or permitted to attend commercial driver violator school in the same manner as those persons ordered or permitted to attend traffic school. Since a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program. (2) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1803.5 of the Vehicle Code, as added by Section 1.7 of Chapter 599 of the Statutes of 2010, is amended to read: 1803.5. (a) In accordance with Section 41501 or subdivision (a) of Section 42005,the clerk of a court or hearing officer, whenif 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 completion of a program at a school for traffic violators, that results in a designation of the conviction as confidential in consideration for that completion, the clerk of a court or a hearing officer 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 five days after receiving proof that the program was completed or the due date to which the proceeding was continued, whichever comes first.(b) This section shall become operative on July 1, 2011.(b) Except as required by Title 49 of the Code of Federal Regulations, if a person holding a class A, class B, or commercial class C driver's license 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 completion of a course of instruction at a licensed commercial driver violator school, that results in a designation of the conviction as confidential in consideration for that completion in accordance with Section 41501 or subdivision (b) of Section 42005, the clerk of a court or a hearing officer 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 course of instruction at a commercial driver violator school, certify the abstract to be true and correct, and cause the abstract to be forwarded to the department at its office at Sacramen to within five days after receiving proof that the program was completed or the due date to which the proceeding was continued, whichever comes first. SEC. 2. Section 1808.7 of the Vehicle Code, as added by Section 2.5 of Chapter 599 of the Statutes of 2010, is amended to read: 1808.7. (a) The record of the department relating to the first proceeding and conviction under subdivision (a) of Section 1803.5 in any 18-month period for completion of a traffic 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.NoA violation point count shall not be assessed pursuant to Section 12810 if the conviction is confidential pursuant to this subdivision . (b)TheExcept as provided in subdivision (c), the record of a conviction described in subdivision (a) shall not be confidential if any of the following circumstances applies: (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.(c) This section shall become operative on July 1, 2011.(c) Notwithstanding subdivisions (a) and (b), the record of the department relating to the first proceeding and conviction under subdivision (b) of Section 1803.5 for a driver licensed with a class A license, class B license, or commercial class C driver's license in any 12-month period who is allowed, for a violation, to complete the course of instruction at a commercial driver violator school licensed pursuant to Chapter 1.6 (commencing with Section 11250) of Division 5, shall only be disclosed for purposes of Title 49 of the Code of Federal Regulations and shall not otherwise be disclosed to any person, except a court. The violation point count shall be assessed only as provided in paragraph (3) of subdivision (b) of Section 12810. SEC. 3. Section 11100 of the Vehicle Code is amended to read: 11100. (a)NoA person shall not own or operate a driving school or give driving instruction for compensation, unless a license therefor has been secured from the department. (b) This section does not apply to the ownership or operation of any school, or the giving of instruction, for the driving of motortrucks of three or more axleswhichthat are more than 6,000 pounds unladen weight. (c) This chapter does not apply to commercial driver violator school owners or operators or commercial driver violator school instructors, who are subject to Chapter 1.6 (commencing with Section 11250). SEC. 4. Chapter 1.6 (commencing with Section 11250) is added to Division 5 of the Vehicle Code, to read: CHAPTER 1.6. COMMERCIAL DRIVER VIOLATOR SCHOOLS 11250. For purposes of this chapter, the following definitions shall apply: (a) "Commercial driver violator school" is a business that, for compensation, provides, or offers to provide, instruction in commercial driver safety, including, but not limited to, classroom commercial driver violator curricula, for persons referred by a court pursuant to subdivision (b) of Section 42005 or to other persons who elect to attend. (b) "Commercial driver violator school branch or classroom location" is any place where a commercial driver violator school conducts instruction or maintains records. (c) "Commercial driver violator school instructor" is any person who provides instruction to commercial driver violators on behalf of a commercial driver violator school. (d) "Commercial driver violator school operator" is the person who directs and manages the operations of a commercial driver violator school. A "commercial driver violator school operator" may also be either the commercial driver violator school owner or another person designated by the commercial driver violator school owner to personally direct and manage the commercial driver violator school for the commercial driver violator school owner. (e) "Commercial driver violator school owner" is any natural person, association, or corporation that owns a commercial driver violator school. (f) "TAP" means a traffic assistance program, as specified in Section 11205.2, that agrees to provide services to court to process commercial driver violators, under contract with a court, or to assist in oversight activities pursuant to this chapter, under contract with the department, as specified in Section 11257. 11251. (a) The department shall license commercial violator schools for commercial drivers holding a class A, class B, or commercial class C driver's license, for purposes of Section 41501.5 or 42005, and to provide commercial driver safety instruction to other persons holding a class A, class B, or commercial class C driver's license who elect to attend. A person may not own or operate a commercial driver violator school or, except as provided in Section 11254, give instruction for compensation in a commercial driver violator school without a currently valid license issued by the department. (b) A person who elects to attend a commercial driver violator school shall receive from the 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 commercial driver violator curricula approved by the Department of Motor Vehicles. Students in the classroom include holders of class A, class B, and commercial class C driver's licenses and those commercial drivers who have and those who have not been referred by a court. Instructor training, business regulatory standards, and Vehicle Code requirements of commercial driver violator schools are not equal to the training, standards, and Vehicle Code requirements of licensed driving schools." 11252. (a) Except as provided in subdivision (c), a commercial driver violator school owner shall meet all of the following criteria before the department may issue a license for the commercial driver violator school: (1) Maintain an established place of business in this state that is open to the public. An office or place of business of a commercial driver violator school, including any commercial driver violator school branch or classroom location, shall not be situated within 500 feet of any court of law. (2) Conform to the standards in the regulations adopted by the department pursuant to this section and paragraph (6) of subdivision (a) of Section 11253. In adopting the regulations, the department shall consider those practices and instructional programs that may reasonably foster the knowledge, skills, and judgment necessary for compliance with commercial driver laws. 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) executed by an admitted surety and conditioned upon the applicant not practicing any fraud or making any fraudulent representation which will cause a monetary loss to a person taking instruction from the applicant or to the state or to any local authority. (4) (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 an action commenced against the applicant arising out of a claim for damages suffered by any person by the applicant's violation of any provision of this code committed in relation to the specifications of the applicant's commercial driver violator school or any condition of the bond required by paragraph (3). (B) The applicant shall stipulate in the instrument that any 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 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 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 plaintiffs 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. (5) Meet the requirements of Section 11253, relating to commercial driver violator school operators, if the owner is also the operator of the commercial driver violator school. If the owner is not the operator of the commercial driver violator school, the owner shall designate an operator who shall meet the requirements of Section 11253. (6) 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) 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) A notice approved by the department shall be posted in every commercial driver 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 commercial driver 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. 11253. (a) The department shall license commercial driver violator school operators. A person shall not act as a commercial driver violator school operator without a currently valid license issued by the department. In order to qualify as a commercial driver violator school operator, a person shall meet all of the following criteria in order to be issued an operator's license: (1) Have not committed any act which, if the applicant were licensed as an operator, would be grounds for suspension or revocation of the license. (2) Within three attempts, pass an examination that the department requires on commercial driver laws, safe driving practices, teaching methods and techniques, regulations, and office procedures and recordkeeping. (3) Be 21 years of age or older. (4) Have provided not less than 300 hours of actual in-class instruction in one of the following manners: (A) Providing instruction at an established driving school licensed under Chapter 1 (commencing with Section 11100). (B) Providing instruction for an established commercial driving training and education program operated by a labor organization, trucking company, motor carrier association, or law enforcement agency. (C) Providing instruction as an instructor in a licensed commercial driver training program. (5) Have a classroom or classrooms approved by the department and the proper equipment necessary for giving instruction to commercial driver violators. (6) Have a lesson plan approved by the department that provides not less than the minimum instructional time of 16 hours specified in the plan. An approved lesson plan shall provide a minimum of 960 minutes of instruction and provide the following subject areas with the following minimum instruction: (A) Welcome and Course Overview for 1 hour. (B) Speed Laws and Collisions for 1.5 hour. (C) Defensive Driving Skills for 1.5 hour. (D) Vehicle Condition/Pretrip Inspections for 2 hours. (E) Alcohol and Drugs for 1 hour. (F) Hazardous Materials Transportation for 1 hour. (G) Hours of Service for 3 hours. (H) Cargo Securement for 1 hour. (I) Driver's License Requirements for 1 hour. (J) Commercial Driver's License Suspensions and Sanctions for 1 hour. (K) Consequences of Noncompliance for 0.5 hour. (L) Written Examination for 1 hour. (M) Review Exam/Closing Comments for 0.5 hour. (b) All of the qualifying requirements specified in this section shall be met within one year from the date of application for the license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the required fee. 11254. (a) The department shall license commercial driver violator school instructors. Except as provided by this section, a person shall not act as a commercial driver violator school instructor without a currently valid instructor's license issued by the department. An applicant for a license as a commercial driver violator school instructor shall meet all of the following requirements before the department may issue an instructor's license: (1) Have a high school education. (2) Within three attempts, pass an examination, as required by the department, on commercial driving commercial driver laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques. (3) Hold a currently valid California driver's license that is not subject to probation pursuant to Section 14250 due to the applicant being a negligent operator within the meaning of Section 12810 or 12810.5. The applicant's driving record shall not have any outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in Section 40509. (4) Be 18 years of age or older. (5) Meet one of the following requirements: (A) No less than five years experience in commercial enforcement or training with the state or a city or county. (B) No less than five years experience in safety training for a company with a minimum of 25 drivers. (C) No less than five years experience in providing safety training to labor organizations, commercial drivers, or associations, or any other training experience that is equivalent or superior to these requirements as determined by the department. (D) A combination of no less than five years experience, combined, of the activities specified in subparagraphs (A), (B), and (C), (6) Comply with a Department of Justice background check. (b) All of the qualifying requirements specified by this section shall be met within one year from the date of application for a license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the requisite fee. (c) A license issued pursuant to this section is not required to provide instruction to commercial violators in a public school or other public educational institution by a person holding a valid teaching credential with satisfactory training or experience in the subject area, as determined by the department. 11255. (a) The department shall issue licenses to commercial driver violator school owners and commercial driver violator school operators in accordance with this section. (b) The term of the license shall be for a period of one year from the date of issue unless canceled, suspended, or revoked by the department. The license shall be renewed annually. (c) The department shall require compliance with Section 11252 for renewal of the license of a commercial driver violator school owner. The department shall require compliance with Section 11253 for renewal of the license of a commercial driver violator school operator. 11256. (a) The department shall provide a list of licensed commercial driver 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) When a court or traffic assistance program (TAP) provides a hard copy list of licensed commercial violator schools to a commercial violator, the court or TAP shall provide only a current date-stamped list downloaded from the department's Internet Web site. The hard copy list shall be as current as practicable, but in no event shall a list be distributed with a date stamp that is more than 60 days old. (c) The department shall develop a Web-based database that will enable the department, the courts, and commercial driver violator schools to monitor, report, and track participation and course completion. Commercial driver violator schools shall update course information within three business days of class completion and provide to the courts class completion information on a daily basis. 11257. (a) A traffic assistance program (TAP) established pursuant to Section 11205.2 may also provides services, under contract with a court, to process commercial violators or, under contract with the department, to assist in oversight activities. (b) A court may use a TAP to assist the court in performing services related to the processing of commercial violators. As used in this section, "services" means those services relating to the processing of commercial infraction cases at, and for, the court, including printing and providing to the court and commercial violators hard copy county-specific lists printed from the department' s Internet Web site, administratively assisting commercial violators, and any other lawful activity relating to the administration of the court's commercial infraction caseload. (c) The court may charge a commercial violator a fee to defray the costs incurred by a TAP for commercial case administration services provided to the court pursuant to subdivision (b). The court may delegate collection of the fee to the TAP. Fees shall be approved and regulated by the court. The fee shall not exceed the actual costs incurred by the TAP for the activities authorized under subdivision (b). 11258. The department may use a traffic assistance program established pursuant to Section 11205.2, for monitoring of licensed commercial driver violator schools, including, but not limited to, audits, inspections, review and examination of business records, class records, business practices, the content of the program of instruction set forth in the lesson plan, or curriculum of a licensee. Inspection includes, but is not limited to, the review of the business office, branch office, and applicable classroom facilities of a licensee. Monitoring includes onsite review of actual presentation of the commercial safety instruction provided in a classroom and any other activity deemed necessary to ensure high-quality education of commercial violators. 11259. Each applicant for a license as a commercial driver violator school owner, commercial driver violator school operator, or commercial driver violator school instructor shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with any information concerning the applicant's character, honesty, integrity, and reputation which the department may consider necessary. 11260. (a) The department shall issue a license certificate to each commercial driver violator school instructor when it is satisfied that he or she has met the qualifications required under this chapter. The original instructor license and any license renewed pursuant to subdivisions (b) and (c) shall be valid for a period of three years from the date of issuance unless canceled, suspended, or revoked by the department. (b) Every application for the renewal of a commercial driver violator school instructor license may be made by the licensee prior to the expiration date of the license by presenting to the department a completed application on a form provided by the department. In no event shall a commercial driver violator school instructor renew the license after the date of expiration. (c) The department shall require all of the following for the renewal of an instructor's license: (1) Compliance with Section 11254. (2) Satisfactory completion of an examination as provided in Section 11254 at least once during each succeeding three-year period after the initial issuance of the license. However, in lieu of examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. (d) When, in its judgment, the public interest so requires, the department may issue a probationary license subject to special conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the license shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant, as disclosed by the application and investigation by the department of the information contained therein. 11261. (a) The department shall charge a fee, to be determined by the department, for the following commercial driver violator school program activities: (1) Original issuance of a commercial driver violator school owner, operator, instructor, and branch or classroom location license. (2) Renewal of a commercial driver violator school owner, operator, instructor, and branch or classroom location license. (3) Issuance of a duplicate or corrected commercial driver violator school owner, operator, instructor, and branch or classroom location license. (4) Transfer of an operator or instructor license from one commercial driver violator school to another. (5) Approval of curriculum, based on the instructional modality of the curriculum. (6) Fees for administering the examinations pursuant to Section 11254. (b) The fees authorized under subdivision (a) shall be sufficient to defray the actual cost to the department to administer the commercial driver violator school program, except for routine monitoring of instruction. (c) A single administrative fee shall be assessed against, and collected by the court pursuant to Section 42007.1 from, each driver who is allowed or ordered to attend commercial driver 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 commercial driver violator school instruction. 11262. The provisions of Sections 11209, 11210, 11211, 11212, 11213, 11214, 11215, 11215.5, 11215.7, 11216, 11216.2, 11216.5, 11217, 11217.5, 11218, 11219.5, 11220, and 11222, shall apply to the regulation of commercial driver violator schools pursuant to this chapter, except that for purposes of the implementation of those sections the following shall apply: (a) Any reference to "traffic violator school" shall be deemed to mean "commercial driver violator school." (b) Any reference to "traffic violator school owner" shall be deemed to mean "commercial driver violator school owner." (c) Any reference to "traffic violator school operator" shall be deemed to mean "commercial driver violator school operator." (d) Any reference to "traffic violator school instructor" shall be deemed to mean "commercial driver violator school instructor." (e) Any reference to "chapter" shall be deemed to mean this chapter. SEC. 5. Section 12810.5 of the Vehicle Code is amended to read: 12810.5. (a) Except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle. (b) (1) A class A or class B licensed driver, except persons holding certificates pursuant to Section 12517, 12519, 12523, 12523.5, or 12527, or an endorsement issued pursuant to paragraph (2) or (5) of subdivision (a) of Section 15278, who is presumed to be a negligent operator pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie negligent operator. However, the higher point count does not apply if the department reasonably determines that four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months are attributable to the driver's operation of a vehicle requiring only a class C license, and not requiring a certificate or endorsement, or a class M license. (2) For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be valued at one and one-half times the value otherwise required by that section for each violation reasonably determined by the department to be attributable to the driver's operation of a vehicle requiring a class A or class B license, or requiring a certificate or endorsement described in this section. (3) Except as otherwise provided in this code, a driver licensed with a class A license, class B license, or commercial class C driver' s license who is allowed, for a violation, to complete, and who completes, the 16-hour course of instruction at a commercial driver violator school licensed pursuant to Chapter 1.6 (commencing with Section 11250) of Division 5, shall not have the point count for that violation added to the driver's record. However, if the driver incurs a point violation within 12 months after the date the driver completes the course of instruction at the commercial driver violator school, the department shall add the points for the violation onto the driver's record. If the driver does not incur any point violation within that 12-month period, the point count for the violation shall remain off the driving record. (c) The department may require a negligent operator whose driving privilege is suspended or revoked pursuant to this section to submit proof of financial responsibility, as defined in Section 16430, on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following that date of reinstatement. SEC. 6. Section 41501 of the Vehicle Code, as added by Section 12.5 of Chapter 216 of the Statutes of 2010, is amended to read: 41501. (a) 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 successful completion of a course of instruction at a licensed school for traffic violators, a licensed driving school, a licensed school for commercial violators, or any other court-approved program of driving instruction, and pursuant to Section 1803.5 or 42005, the court may order that the conviction be held confidential by the department according to Section 1808.7. (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.(c) This section shall become operative on July 1, 2011.SEC. 7. Section 41501 of the Vehicle Code, as amended by Section 311 of Chapter 296 of the Statutes of 2011, is repealed.41501. (a) 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 successful completion of a course of instruction at a licensed school for traffic violators and pursuant to Section 1803.5 or 42005, the court may order that the conviction be held confidential by the department in accordance with Section 1808.7. The court shall notify a person that only one conviction within 18 months will be held confidential. (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. (c) This section shall become operative on July 1, 2011.SEC. 8. Section 42005 of the Vehicle Code is amended to read: 42005. (a) Except as otherwise provided inthis sectionsubdivision (b) , 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) ( 1) 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, in lieu of adjudicating any traffic offense 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. (2) (A) Notwithstanding paragraph (1), 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 driver licensed with a class A license, class B license, or commercial class C driver's license who pleads guilty or no contest or is convicted of a traffic violation to attend a commercial driver violator school licensed pursuant to Chapter 1.6 (commencing with Section 11250) of Division 5. (B) The court may 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, but if it does so, the court shall require this confidentiality only in conformance with Title 49 of the Code of Federal Regulations. (c) The court 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 in lieu of adjudicating an offense if either of the following applies to the offense: (1) It occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210. (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. (d) A person ordered to attend a traffic violator school pursuant to subdivision (a) may choose the traffic violator school the person will attend. The court shall provide to each person subject to that order or referral the department's current list of licensed traffic violator schools. (e) A person who willfully fails to comply with a court order to attend traffic violator school or commercial driver violator school is guilty of a misdemeanor.(f) This section shall become operative on July 1, 2011.SEC. 9. 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 or commercial driver violator school pursuant to Section 41501 or 42005 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 Bail and Penalty Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts.WhereIf 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 a traffic violator school or commercial driver violator school . (2) The clerk may accept from a defendant who is ordered or permitted to attend traffic violator school or commercial driver violator school a payment of at least 10 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 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 or commercial driver violator school to the court. The clerk shall collect a fee of up to thirty-five dollars ($35) to cover administrative and clerical costs for processing an installment payment of the traffic violator school or commercial driver violator school fee under this paragraph. (3) 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. For the purposes of reporting a conviction under this subdivision to the department under Section 1803, the date that the court declares the bail forfeited shall be reported as the date of conviction. (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 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) 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. (e) The clerk of the court, in a county that offers commercial driver violator schools, shall include in any courtesy notice mailed to a defendant for an offense that qualifies for commercial driver violator school attendance the following statement: NOTICE: If you are eligible and decide not to attend commercial driver violator school your insurance may be adversely affected. One conviction in any 12-month period may be held confidential and not show on your driving record, except to the extent required under federal law, if you complete a commercial driver violator school program.(e)( f) Notwithstanding any otherprovision oflaw, 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. 10. Section 42007.1 of the Vehicle Code is amended to read: 42007.1. (a) The amount 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 a forty-nine-dollar ($49) 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 (c) of Section 11208 or the fee determined by the department to be sufficient to defray the cost of routine monitoring of commercial driver violator school instruction pursuant to subdivision (c) of Section 11261 , and a fee, if any, established by the court pursuant to subdivision (c) of Section 11205.2 or subdivision (c) of Section 11257 to defray the costs incurred by a traffic assistance program. (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 (c) of Section 11208 shall be allocated to the department to defray the costs of monitoring traffic violator school instruction. (d) The fees assessed pursuant to subdivision (c) of Section 11261 shall be allocated to the department to defray the costs of monitoring commercial driver violator school instruction. SEC. 11. 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.