Driving for Opportunity Act of 2020

I 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 Com- mittee on the Judiciary, and in addition to the Committee on Transpor- tation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Driving for Oppor- 4 tunity Act of 2020’’. 5 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8881 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Driving a vehicle is an essential aspect of 3 the daily lives of most people in the United States. 4 (2) Driving is often required to access jobs and 5 healthcare, take care of family, get groceries, and 6 fulfill other basic responsibilities. 7 (3) In many small cities, towns, and rural areas 8 that do not have public transportation and ride- 9 sharing alternatives, driving is often the only real- 10 istic means of transportation. 11 (4) Even in cities with public transportation 12 and ridesharing options, individuals vulnerable to in- 13 fection during the COVID–19 pandemic and those 14 complying with public health guidance regarding so- 15 cial distancing are increasingly reliant on driving as 16 their primary means of transportation for essential 17 travel. 18 (5) In the United States, millions of Americans 19 have had their driver’s licenses suspended for unpaid 20 court fines and fees. 21 (6) A person whose driver’s license is suspended 22 or revoked for unpaid fines and fees will often find 23 it more difficult to earn a living and therefore pay 24 the debt owed to the government. 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8881 IH (7) The barrier to employment posed by driver’s 1 license suspensions and revocations for unpaid fines 2 and fees is especially problematic during the 3 COVID–19 pandemic, when the unemployment rate 4 is the highest it has been since the Great Depres- 5 sion. 6 (8) Drunk and dangerous driving are some of 7 the leading causes of death and serious bodily injury 8 in the United States, and promoting safety on the 9 roads is a legitimate, necessary, and core govern- 10 mental function. Suspending a license for unsafe 11 driving conduct presents different considerations 12 than suspending a license for unpaid fines and fees. 13 Suspending a license for unsafe driving is an appro- 14 priate tool to protect public safety. Policymakers 15 also may consider alternatives to suspension of a li- 16 cense for unsafe driving such as ignition interlock 17 device programs. 18 (9) According to the National Highway Traffic 19 Safety Administration, every year on average, over 20 34,000 people are killed and 2,400,000 more people 21 are injured in motor vehicle crashes. Some of the 22 major causes of these crashes include speeding, im- 23 paired driving, and distracted driving. Nearly half of 24 passenger vehicle occupants killed in crashes are un- 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8881 IH restrained. The societal harm caused by motor vehi- 1 cle crashes has been valued at $836 billion annually. 2 The enactment of, enforcement of, and education re- 3 garding traffic laws are key to addressing unsafe be- 4 havior and promoting public safety. 5 (10) However, most driver’s license suspensions 6 are not based on the need to protect public safety. 7 (11) In the State of Florida, 1,100,000 resi- 8 dents received a suspension notice for unpaid fines 9 and fees in 2017 alone. 10 (12) Between 2010 and 2017, all but 3 States 11 increased the amount of fines and fees for civil and 12 criminal violations. 13 (13) In the United States, 40 percent of all 14 driver’s license suspensions are issued for conduct 15 that was unrelated to driving. 16 (14) In 2015, the State of Washington cal- 17 culated that State troopers spent 70,848 hours deal- 18 ing with license suspensions for non-driving offenses. 19 (15) The American Association of Motor Vehi- 20 cle Administrators estimated that arresting a person 21 for driving with a suspended license can take 9 22 hours of an officer’s time, including waiting for a 23 tow truck, transporting an individual to jail, filling 24 out paperwork, making a court appearance, and 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8881 IH other administrative duties and accordingly Wash- 1 ington State Patrol Chief John Batiste called non- 2 driving suspensions a ‘‘drain on the system as a 3 whole’’. 4 (16) The Colorado Department of Motor Vehi- 5 cles determined that suspending driver’s licenses for 6 offenses unrelated to driving consumed 8,566 hours 7 per year of staff time in the Department. 8 (17) Many States impose a significant fee for 9 reinstating a suspended driver’s license, such as Ala- 10 bama, where the fee is $275. 11 (18) Driving on a suspended license is one of 12 the most common criminal charges in jurisdictions 13 across the country. 14 (19) Seventy-five percent of those with sus- 15 pended licenses report continuing to drive. 16 (20) It is more likely that those people are also 17 driving without insurance due to the costs and re- 18 strictions associated with obtaining auto insurance 19 on a suspended license, thereby placing a greater fi- 20 nancial burden on other drivers when a driver with 21 a suspended license causes an accident. 22 (21) The American Association of Motor Vehi- 23 cle Administrators has concluded the following: 24 ‘‘Drivers who have been suspended for social non- 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8881 IH conformance-related offenses are often trapped with- 1 in the system. Some cannot afford to pay the origi- 2 nal fines, and may lose their ability to legally get to 3 and from work as a result of the suspension. Many 4 make the decision to drive while suspended. The sus- 5 pension results in increased financial obligations 6 through new requirements such as reinstatement 7 fees, court costs, and other penalties. While there is 8 a clear societal interest in keeping those who are 9 unfit to drive off the roads, broadly restricting li- 10 censes for violations unrelated to an individual’s 11 ability to drive safely may do more harm than good. 12 This is especially true in areas of the country that 13 lack alternative means of transportation. For those 14 individuals, a valid driver license can be a means to 15 survive. Local communities, employers, and employ- 16 ees all experience negative consequences as a result 17 of social non-conformity suspensions, including un- 18 employment, lower wages, fewer employment oppor- 19 tunities and hiring choices, and increased insurance 20 costs.’’. 21 (22) A report by the Harvard Law School 22 Criminal Justice Policy Program concluded the fol- 23 lowing: ‘‘The suspension of a driver’s or professional 24 license is one of the most pervasive poverty traps for 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8881 IH poor people assessed a fine that they cannot afford 1 to pay. The practice is widespread. Nearly 40 per- 2 cent of license suspensions nationwide stem from un- 3 paid fines, missed child support payments, and drug 4 offenses—not from unsafe or intoxicated driving or 5 failing to obtain automotive insurance. Suspension of 6 a driver’s or professional licenses is hugely counter- 7 productive; it punishes non-payment by taking away 8 a person’s means for making a living. License sus- 9 pension programs are also expensive for States to 10 run and they distract law enforcement efforts from 11 priorities related to public safety. License suspen- 12 sions may also be unconstitutional if the license was 13 suspended before the judge determined the defend- 14 ant had the ability to pay the criminal justice debt.’’. 15 SEC. 3. GRANTS FOR DRIVER’S LICENSES REINSTATEMENT 16 PROGRAMS. 17 (a) IN GENERAL.—Subpart 1 of part E of title I of 18 the Omnibus Crime Control and Safe Streets Act of 1968 19 (34 U.S.C. 10151 et seq.) is amended— 20 (1) in section 501(a) (34 U.S.C. 10152(a)), by 21 adding at the end the following: 22 ‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN- 23 STATEMENT PROGRAMS.— 24 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8881 IH ‘‘(A) IN GENERAL.—In addition to grants 1 made under paragraph (1), the Attorney Gen- 2 eral may make grants to States described in 3 subparagraph (B) to cover costs incurred by the 4 State to reinstate driver’s licenses previously 5 suspended for unpaid fines and fees. 6 ‘‘(B) STATES DESCRIBED.—A State de- 7 scribed in this subparagraph is a State that— 8 ‘‘(i) does not have in effect any State 9 or local law that permits— 10 ‘‘(I) the suspension or revocation 11 of, or refusal to renew, a driver’s li- 12 cense of an individual based on the in- 13 dividual’s failure to pay a civil or 14 criminal fine or fee; or 15 ‘‘(II) the refusal to renew the 16 registration of a motor vehicle based 17 on the owner’s failure to pay a civil or 18 criminal fine or fee; and 19 ‘‘(ii) during the 3-year period ending 20 on the date on which the State applies for 21 or receives a grant under this paragraph, 22 has repealed a State or local law that per- 23 mitted the suspension or revocation of, or 24 refusal to renew, driver’s licenses or the 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8881 IH registration of a motor vehicle based on 1 the failure to pay civil or criminal fines or 2 fees. 3 ‘‘(C) CRITERIA.—The Attorney General 4 shall award grants under this section to eligible 5 States that submit a plan to reinstate driver’s 6 licenses previously suspended for unpaid fines 7 and fees— 8 ‘‘(i) to maximize the number of indi- 9 viduals with suspended driver’s licenses eli- 10 gible to have driving privileges reinstated 11 or regained; 12 ‘‘(ii) to provide assistance to individ- 13 uals living in areas where public transpor- 14 tation options are limited; and 15 ‘‘(iii) to ease the burden on States 16 where the State or local law described in 17 subparagraph (B) was in effect during the 18 3-year period ending on the date on which 19 a State applies for a grant under this 20 paragraph in accordance with section 502. 21 ‘‘(D) AMOUNT.—Each grant awarded 22 under this paragraph shall be not greater than 23 5 percent of the amount allocated to the State 24 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8881 IH in accordance with the formula established 1 under section 505. 2 ‘‘(E) REPORT.—Not later than 1 year 3 after the date on which a grant is made to a 4 State under this paragraph, the State shall sub- 5 mit to the Attorney General a report that de- 6 scribes the program implemented under sub- 7 paragraph (A), including with respect to— 8 ‘‘(i) the population served by the pro- 9 gram; 10 ‘‘(ii) the number of driver’s licenses 11 reinstated under the program; and 12 ‘‘(iii) all costs to the State of the pro- 13 gram, including how the grants under this 14 paragraph were spent to defray such 15 costs.’’; and 16 (2) in section 508— 17 (A) by striking ‘‘There’’ and inserting ‘‘(a) 18 In General.—There’’; and 19 (B) by adding at the end the following: 20 ‘‘(b) DRIVER’S LICENSE REINSTATEMENT PRO- 21 GRAMS.—There is authorized to be appropriated to carry 22 out section 501(a)(3) $20,000,000 for each of fiscal years 23 2021 through 2025.’’. 24 (b) REPEAL.— 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8881 IH (1) IN GENERAL.—Section 159 of title 23, 1 United States Code, is repealed. 2 (2) CLERICAL AMENDMENT.—The analysis for 3 chapter 1 of title 23, United States Code, is amend- 4 ed by striking the item relating to section 159. 5 SEC. 4. GAO STUDY. 6 (a) STUDY.—The Comptroller General of the United 7 States shall conduct a study of the implementation of the 8 grant program in paragraph (3) of section 501(a) of the 9 Omnibus Crime Control and Safe Streets Act of 1968 (34 10 U.S.C. 10152(a)), as added by section 3(a) of this Act, 11 that— 12 (1) includes what is known about the effect of 13 repealing State laws, in selected States, that had 14 permitted the suspension or revocation of, or refusal 15 to renew, driver’s licenses or the registration of a 16 motor vehicle based on the failure to pay civil or 17 criminal fines or fees, including such factors, to the 18 extent information is available, as— 19 (A) the collection of fines and fees; 20 (B) the usage of law enforcement re- 21 sources; 22 (C) economic mobility and unemployment; 23 (D) rates of enforcement of traffic safety 24 laws through the tracking of number of sum- 25 VerDate Sep 11 2014 18:56 Dec 23, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8881.IH H8881 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8881 IH monses and violations issued (including those 1 related to automated enforcement technologies); 2 (E) the use of suspensions for public safe- 3 ty-related reasons (including reckless driving, 4 speeding, and driving under the influence); 5 (F) safety-critical traffic events (including 6 in locali [Text truncated for display. 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