BILL NUMBER: AB 91	CHAPTERED
	BILL TEXT

	CHAPTER  217
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JULY 16, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009
	AMENDED IN ASSEMBLY  MARCH 16, 2009

INTRODUCED BY   Assembly Member Feuer
   (Coauthors: Assembly Members Buchanan, De La Torre, Gilmore, Hill,
Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal, Miller, Nava,
Saldana, Solorio, and Torlakson)
   (Coauthors: Senators Benoit, Cox, and DeSaulnier)

                        JANUARY 6, 2009

   An act to amend Sections 13386 and 23576 of, and to add and repeal
Chapter 5 (commencing with Section 23700) of Division 11.5 of, the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 91, Feuer. Vehicles: driving under the influence (DUI):
ignition interlock device.
   (1) Existing law requires all manufacturers of ignition interlock
devices that meet specified requirements and are certified in a
manner approved by the Department of Motor Vehicles, that intend to
market the devices in this state, to first apply to the department on
forms provided by the department and to pay an accompanying fee in
an amount not to exceed the amount necessary to cover the costs
incurred by the department in carrying out those provisions.
   This bill would require a manufacturer and a manufacturer's agent,
certified by the department to provide ignition interlock devices,
to provide each year to the department information on the number of
false positives and the time to reset the device. The bill would also
require the department to use this information in evaluating the
continued certification of an ignition interlock device.
    (2) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also authorizes a
person whose privilege is suspended or revoked in that manner to
receive a restricted driver's license if specified requirements are
met, including, in some instances, the installation of an ignition
interlock device on the person's vehicle.
   This bill would require the department to establish a pilot
program from July 1, 2010, to January 1, 2016, in the Counties of
Alameda, Los Angeles, Sacramento, and Tulare that requires, as a
condition of being issued a restricted driver's license, being
reissued a driver's license, or having the privilege to operate a
motor vehicle reinstated subsequent to a conviction for a violation
of the above offenses, a person to install for a specified period of
time an ignition interlock device on all vehicles he or she owns or
operates, except as provided. The amount of time the ignition
interlock device would be required to be installed would be based
upon the number of convictions, as prescribed. The bill would
prohibit the implementation of the pilot program if the department
fails to obtain, by January 31, 2010, nonstate funds for the
programming costs of the pilot program.
   The bill would set up a statutory scheme under which the
department would, with regard to the installation of an ignition
interlock device described above, notify the person of the ignition
interlock device installation requirements established under the
bill, accept notification from the installer of the ignition
interlock device of attempts to remove, bypass, or tamper with the
ignition interlock device or if the person fails 3 or more times to
comply with the maintenance requirements, monitor the installation
and maintenance of the ignition interlock device, and keep specified
records.
   The bill would also require that manufacturers and manufacturer's
agents, certified by the department to provide ignition interlock
devices, adopt a fee schedule for payment of the costs of the
ignition interlock device based on the offender's ability to pay, and
would require the court to adopt a similar fee schedule with regard
to the fees for the county alcohol and drug problem assessment
program.
   On or before January 1, 2015, the department would be required to
report to the Legislature regarding the effectiveness of the pilot
program in reducing the number of first-time driving under the
influence violations and repeat offenses in those counties.
   (3) This bill would require that it become operative only if SB
598 of the 2009-10 Regular Session becomes operative on or before
January 1, 2010.
    (4) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified ignition interlock device by a
person whose driving privilege is so restricted, the bill would
impose a state-mandated local program by expanding the scope of that
crime.
    (5) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13386 of the Vehicle Code is amended to read:
   13386.  (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
   (2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements. The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
   (B) The department may use denial of certification, suspension or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
   (i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.55 (commencing with
Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the
California Code of Regulations.
   (ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
   (C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
   (b) (1) A manufacturer shall not furnish an installer, service
center, technician, or consumer with technology or information that
allows a device to be used in a manner that is contrary to the
purpose for which it is certified.
   (2) Upon a violation of paragraph (1), the department shall
suspend or revoke the certification of the ignition interlock device
that is the subject of that violation.
   (c) An installer, service center, or technician shall not tamper
with, change, or alter the functionality of the device from its
certified criteria.
   (d) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines. The cost of certification shall be borne by the
manufacturers of ignition interlock devices. If the certification of
a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
   (e) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
   (f) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (e) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department. The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
   (g) A manufacturer and a manufacturer's agent certified by the
department to provide ignition interlock devices shall provide each
year to the department information on the number of false positives
and the time to reset the device. The department shall use this
information in evaluating the continued certification of an ignition
interlock device.
    (h) The department shall ensure that standard forms and
procedures are developed for documenting decisions and compliance and
communicating results to relevant agencies. These forms shall
include all of the following:
   (1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation. This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device. Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
   (2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement. Copies shall be provided for the manufacturer or the
manufacturer's agent.
   (3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements. The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
    (i) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.
  SEC. 2.  Section 23576 of the Vehicle Code is amended to read:
   23576.  (a) Notwithstanding Sections 23575 and 23700, if a person
is required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
   (b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
  SEC. 3.  Chapter 5 (commencing with Section 23700) is added to
Division 11.5 of the Vehicle Code, to read:
      CHAPTER 5.  IGNITION INTERLOCK DEVICES


   23700.  (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
   (1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), shall
inform the convicted person of the requirements of this section,
including the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed by
this code.
   (2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
   (3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
   (A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
   (B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
   (C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
   (4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
   (5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
   (B) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
   (6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).

   (7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
   (A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
   (i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months.
   (ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
   (iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
   (iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.
   (B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
   (i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
   (ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
   (iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
   (iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.
   (C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
   (8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
   (A) The person does not own a vehicle.
   (B) The person does not have access to a vehicle at his or her
residence.
   (C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
   (D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
   (E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
   (F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
   (9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
   (10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
   (b) (1) Every manufacturer and manufacturer's agent certified by
the department to provide ignition interlock devices, under Section
13386, shall adopt the following fee schedule that provides for the
payment of the costs of the ignition interlock device by offenders
subject to this chapter in amounts commensurate with that person's
income relative to the federal poverty level, as defined in Section
127400 of the Health and Safety Code:
   (A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
   (B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
   (C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
   (D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
   (2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
   (3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
   (c) This section does not permit a person to drive without a valid
driver's license.
   (d) The requirements of this section are in addition to any other
requirements of law.
   (e) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.

   (f) This section shall become operative on July 1, 2010.
   23700.5.  The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
   23701.  On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Sacramento, and
Tulare.
   23702.  This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 4.  This bill shall become operative only if Senate Bill 598
of the 2009-10 Regular Session is enacted and becomes operative on or
before January 1, 2010.
  SEC. 5.  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.