Driving for Opportunity Act of 2020
This bill authorizes the Department of Justice to make grants to states that do not suspend, revoke, or refuse to renew a driver's license of an individual based on such individual's failure to pay a civil or criminal fine or fee.
Grants shall be awarded to (1) cover the costs incurred by a state to reinstate driver's licenses previously suspended for unpaid fines and fees; (2) maximize the number of individuals with suspended driver's licenses eligible to have driving privileges reinstated or regained; (3) provide assistance to individuals living in areas where public transportation options are limited; and (4) ease the burden on states where the state or local law that permitted the suspension or revocation of, or refusal to renew, driver's licenses or the registration of a motor vehicle based on the failure to pay civil or criminal fines or fees was in effect during the three year period ending on the date on which a state applies for or receives a grant under this bill.
The Government Accountability Office must study the implementation of the grant program authorized by this bill, including the known effects of repealing state laws that have permitted the suspension, revocation, or refusal of a driver's license or motor vehicle registration based on the failure to pay civil or criminal fines or fees.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8881 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8881
To provide grants to States that do not suspend, revoke, or refuse to
renew a driver's license of a person or refuse to renew a registration
of a motor vehicle for failure to pay a civil or criminal fine or fee,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2020
Ms. Scanlon (for herself, Mr. Fitzpatrick, Mr. Reschenthaler, and Ms.
Moore) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide grants to States that do not suspend, revoke, or refuse to
renew a driver's license of a person or refuse to renew a registration
of a motor vehicle for failure to pay a civil or criminal fine or fee,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driving for Opportunity Act of
2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Driving a vehicle is an essential aspect of the daily
lives of most people in the United States.
(2) Driving is often required to access jobs and
healthcare, take care of family, get groceries, and fulfill
other basic responsibilities.
(3) In many small cities, towns, and rural areas that do
not have public transportation and ridesharing alternatives,
driving is often the only realistic means of transportation.
(4) Even in cities with public transportation and
ridesharing options, individuals vulnerable to infection during
the COVID-19 pandemic and those complying with public health
guidance regarding social distancing are increasingly reliant
on driving as their primary means of transportation for
essential travel.
(5) In the United States, millions of Americans have had
their driver's licenses suspended for unpaid court fines and
fees.
(6) A person whose driver's license is suspended or revoked
for unpaid fines and fees will often find it more difficult to
earn a living and therefore pay the debt owed to the
government.
(7) The barrier to employment posed by driver's license
suspensions and revocations for unpaid fines and fees is
especially problematic during the COVID-19 pandemic, when the
unemployment rate is the highest it has been since the Great
Depression.
(8) Drunk and dangerous driving are some of the leading
causes of death and serious bodily injury in the United States,
and promoting safety on the roads is a legitimate, necessary,
and core governmental function. Suspending a license for unsafe
driving conduct presents different considerations than
suspending a license for unpaid fines and fees. Suspending a
license for unsafe driving is an appropriate tool to protect
public safety. Policymakers also may consider alternatives to
suspension of a license for unsafe driving such as ignition
interlock device programs.
(9) According to the National Highway Traffic Safety
Administration, every year on average, over 34,000 people are
killed and 2,400,000 more people are injured in motor vehicle
crashes. Some of the major causes of these crashes include
speeding, impaired driving, and distracted driving. Nearly half
of passenger vehicle occupants killed in crashes are
unrestrained. The societal harm caused by motor vehicle crashes
has been valued at $836 billion annually. The enactment of,
enforcement of, and education regarding traffic laws are key to
addressing unsafe behavior and promoting public safety.
(10) However, most driver's license suspensions are not
based on the need to protect public safety.
(11) In the State of Florida, 1,100,000 residents received
a suspension notice for unpaid fines and fees in 2017 alone.
(12) Between 2010 and 2017, all but 3 States increased the
amount of fines and fees for civil and criminal violations.
(13) In the United States, 40 percent of all driver's
license suspensions are issued for conduct that was unrelated
to driving.
(14) In 2015, the State of Washington calculated that State
troopers spent 70,848 hours dealing with license suspensions
for non-driving offenses.
(15) The American Association of Motor Vehicle
Administrators estimated that arresting a person for driving
with a suspended license can take 9 hours of an officer's time,
including waiting for a tow truck, transporting an individual
to jail, filling out paperwork, making a court appearance, and
other administrative duties and accordingly Washington State
Patrol Chief John Batiste called non-driving suspensions a
``drain on the system as a whole''.
(16) The Colorado Department of Motor Vehicles determined
that suspending driver's licenses for offenses unrelated to
driving consumed 8,566 hours per year of staff time in the
Department.
(17) Many States impose a significant fee for reinstating a
suspended driver's license, such as Alabama, where the fee is
$275.
(18) Driving on a suspended license is one of the most
common criminal charges in jurisdictions across the country.
(19) Seventy-five percent of those with suspended licenses
report continuing to drive.
(20) It is more likely that those people are also driving
without insurance due to the costs and restrictions associated
with obtaining auto insurance on a suspended license, thereby
placing a greater financial burden on other drivers when a
driver with a suspended license causes an accident.
(21) The American Association of Motor Vehicle
Administrators has concluded the following: ``Drivers who have
been suspended for social non-conformance-related offenses are
often trapped within the system. Some cannot afford to pay the
original fines, and may lose their ability to legally get to
and from work as a result of the suspension. Many make the
decision to drive while suspended. The suspension results in
increased financial obligations through new requirements such
as reinstatement fees, court costs, and other penalties. While
there is a clear societal interest in keeping those who are
unfit to drive off the roads, broadly restricting licenses for
violations unrelated to an individual's ability to drive safely
may do more harm than good. This is especially true in areas of
the country that lack alternative means of transportation. For
those individuals, a valid driver license can be a means to
survive. Local communities, employers, and employees all
experience negative consequences as a result of social non-
conformity suspensions, including unemployment, lower wages,
fewer employment opportunities and hiring choices, and
increased insurance costs.''.
(22) A report by the Harvard Law School Criminal Justice
Policy Program concluded the following: ``The suspension of a
driver's or professional license is one of the most pervasive
poverty traps for poor people assessed a fine that they cannot
afford to pay. The practice is widespread. Nearly 40 percent of
license suspensions nationwide stem from unpaid fines, missed
child support payments, and drug offenses--not from unsafe or
intoxicated driving or failing to obtain automotive insurance.
Suspension of a driver's or professional licenses is hugely
counterproductive; it punishes non-payment by taking away a
person's means for making a living. License suspension programs
are also expensive for States to run and they distract law
enforcement efforts from priorities related to public safety.
License suspensions may also be unconstitutional if the license
was suspended before the judge determined the defendant had the
ability to pay the criminal justice debt.''.
SEC. 3. GRANTS FOR DRIVER'S LICENSES REINSTATEMENT PROGRAMS.
(a) In General.--Subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is
amended--
(1) in section 501(a) (34 U.S.C. 10152(a)), by adding at
the end the following:
``(3) Grants for driver's license reinstatement programs.--
``(A) In general.--In addition to grants made under
paragraph (1), the Attorney General may make grants to
States described in subparagraph (B) to cover costs
incurred by the State to reinstate driver's licenses
previously suspended for unpaid fines and fees.
``(B) States described.--A State described in this
subparagraph is a State that--
``(i) does not have in effect any State or
local law that permits--
``(I) the suspension or revocation
of, or refusal to renew, a driver's
license of an individual based on the
individual's failure to pay a civil or
criminal fine or fee; or
``(II) the refusal to renew the
registration of a motor vehicle based
on the owner's failure to pay a civil
or criminal fine or fee; and
``(ii) during the 3-year period ending on
the date on which the State applies for or
receives a grant under this paragraph, has
repealed a State or local law that permitted
the suspension or revocation of, or refusal to
renew, driver's licenses or the registration of
a motor vehicle based on the failure to pay
civil or criminal fines or fees.
``(C) Criteria.--The Attorney General shall award
grants under this section to eligible States that
submit a plan to reinstate driver's licenses previously
suspended for unpaid fines and fees--
``(i) to maximize the number of individuals
with suspended driver's licenses eligible to
have driving privileges reinstated or regained;
``(ii) to provide assistance to individuals
living in areas where public transportation
options are limited; and
``(iii) to ease the burden on States where
the State or local law described in
subparagraph (B) was in effect during the 3-
year period ending on the date on which a State
applies for a grant under this paragraph in
accordance with section 502.
``(D) Amount.--Each grant awarded under this
paragraph shall be not greater than 5 percent of the
amount allocated to the State in accordance with the
formula established under section 505.
``(E) Report.--Not later than 1 year after the date
on which a grant is made to a State under this
paragraph, the State shall submit to the Attorney
General a report that describes the program implemented
under subparagraph (A), including with respect to--
``(i) the population served by the program;
``(ii) the number of driver's licenses
reinstated under the program; and
``(iii) all costs to the State of the
program, including how the grants under this
paragraph were spent to defray such costs.'';
and
(2) in section 508--
(A) by striking ``There'' and inserting ``(a) In
General.--There''; and
(B) by adding at the end the following:
``(b) Driver's License Reinstatement Programs.--There is authorized
to be appropriated to carry out section 501(a)(3) $20,000,000 for each
of fiscal years 2021 through 2025.''.
(b) Repeal.--
(1) In general.--Section 159 of title 23, United States
Code, is repealed.
(2) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 159.
SEC. 4. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the implementation of the grant program in paragraph
(3) of section 501(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10152(a)), as added by section 3(a) of this Act,
that--
(1) includes what is known about the effect of repealing
State laws, in selected States, that had permitted the
suspension or revocation of, or refusal to renew, driver's
licenses or the registration of a motor vehicle based on the
failure to pay civil or criminal fines or fees, including such
factors, to the extent information is available, as--
(A) the collection of fines and fees;
(B) the usage of law enforcement resources;
(C) economic mobility and unemployment;
(D) rates of enforcement of traffic safety laws
through the tracking of number of summonses and
violations issued (including those related to automated
enforcement technologies);
(E) the use of suspensions for public safety-
related reasons (including reckless driving, speeding,
and driving under the influence);
(F) safety-critical traffic events (including in
localities with automated enforcement programs);
(G) the rates of license suspensions and proportion
of unlicensed drivers;
(H) racial and geographic disparities; and
(I) administrative costs (including costs
associated with the collection of fines and fees and
with the reinstatement of driver's licenses); and
(2) includes what is known about--
(A) existing alternatives to driver's license
suspension as methods of enforcement and collection of
unpaid fines and fees; and
(B) existing alternatives to traditional driver's
license suspension for certain kinds of unsafe driving,
including models that allow drivers to continue to
drive legally while pursuing driver improvement
opportunities.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on the Judiciary and the Committee on Environment and
Public Works of the Senate and the Committee on the Judiciary and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the study required under subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
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