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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4186 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4186

 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 SENATE OF THE UNITED STATES

                              July 2, 2020

 Mr. Coons (for himself and Mr. Wicker) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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 
        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 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 is one 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.
            (9) However, most driver's license suspensions are not 
        based on the need to protect public safety.
            (10) In the State of Florida, 1,100,000 residents received 
        a suspension notice for unpaid fines and fees in 2017 alone.
            (11) Between 2010 and 2017, all but 3 States increased the 
        amount of fines and fees for civil and criminal violations.
            (12) In the United States, 40 percent of all driver's 
        license suspensions are issued for conduct that was unrelated 
        to driving.
            (13) In 2015, the State of Washington calculated that State 
        troopers spent 70,848 hours dealing with license suspensions 
        for non-driving offenses.
            (14) 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''.
            (15) 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.
            (16) Many States impose a significant fee for reinstating a 
        suspended driver's license, such as Alabama, where the fee is 
        $275.
            (17) Driving on a suspended license is one of the most 
        common criminal charges in jurisdictions across the country.
            (18) Seventy-five percent of those with suspended licenses 
        report continuing to drive.
            (19) 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.
            (20) The American Motor Vehicles Association 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.''.
            (21) 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) Funds not used.--If the amount awarded to a 
                State under this paragraph is greater than the cost to 
                the State described in subparagraph (A), the funds 
                shall be transferred to the general fund of the 
                Treasury.
                    ``(F) 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.
                                 <all>
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