BILL ANALYSIS
AB 91
Page 1
ASSEMBLY THIRD READING
AB 91 (Feuer)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 6-0 TRANSPORTATION 12-0
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|Ayes:|Solorio, Hagman, Gilmore, |Ayes:|Eng, Jeffries, |
| |Hill, Ma, Skinner | |Blumenfield, Conway, |
| | | |Galgiani, Garrick, Bonnie |
| | | |Lowenthal, Miller, |
| | | |Niello, John A. Perez, |
| | | |Solorio, Torlakson |
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APPROPRIATIONS 13-0
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Davis, Fuentes, | | |
| |Hall, John A. Perez, | | |
| |Price, Skinner, Solorio, | | |
| |Audra Strickland, | | |
| |Torlakson, Krekorian | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes a three-county pilot program within the
Department of Motor Vehicles (DMV) that requires a person
convicted driving under the influence (DUI) to install an
ignition interlock device (IID), as specified, on all vehicles
he or she owns or operates. Specifically, this bill :
1)Requires the DMV establish a pilot program in Alameda, Los
Angeles, and Sacramento, to reduce the number of first time
violations and repeat offenses of DUI and DUI with injury.
This program shall commence on July 1, 2010 and sunset on
January 1, 2015.
2)Requires the DMV, upon receipt of the court's abstract
conviction for DUI or DUI with injury, to inform the convicted
person of his or her duty to install an IID, as specified,
including the term for which the person is required to have a
certified IID installed and the requirement that he or she
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participate in a county alcohol and drug problem assessment
program, as specified.
3)Requires that DMV records reflect the mandatory use of the IID
for the term specified and the time when the IID must be
installed, as specified. The DMV must advise the person that
the installation of an IID does not allow the person to drive
without a valid driver's license.
4)States 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 where an IID is required, a person
notified by DMV of the IID requirement must complete all of
the following:
a) Arrange for each vehicle owned and operated by the
person to be fitted with an IID by a certified IID
provided, as specified;
b) Notify and provide proof if installation of the IID to
the DMV by submitting a "verification of installation" for,
as specified; and,
c) Pay the fee determined the DMV sufficient enough to
cover the cost of administration.
5)Provides that the DMV shall place a restriction on the
convicted person's driver's license record that states the
driver is restricted to only driving a vehicle equipped with a
certified IID.
6)States the DMV shall monitor installation and maintenance of
the IID, as specified.
7)Provides a person who is required to install an IID 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 suspension
for driving on a suspended license, as specified, shall be as
follows:
a) Upon conviction of a first offense DUI or DUI with
injury, a person shall install an IID in all vehicles owned
and operated by that person for a mandatory term of five
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months for a DUI and 12 months for a DUI with injury to
begin when he or she has shown proof of installation;
b) Upon conviction for a second offense DUI or DUI with
injury, a person shall install an IID for a mandatory term
of 12 months for a DUI and 24 months for a DUI with injury;
c) Upon conviction for a third offense DUI or DUI with
injury, a person shall install an IID for a mandatory term
of 24 months for a DUI and 36 months for a DUI with injury;
and,
d) Upon conviction of a fourth or subsequent offense DUI or
DUI with injury, a person shall install an IID for a
mandatory term of 36 months for a DUI and 48 months for a
DUI with injury.
8)States existing provisions related to mandatory IIDs are still
operative.
9)Provides that the mandatory term for which the IID is to be
installed shall be reset by the DMV if a person fails to
comply with any of the requirements regarding IID installation
and maintenance.
10)Requires every manufacturer and manufacturer's agent
certified by the DMV, as specified, to provide IIDs must adopt
the following fee schedule that provides for the payment of
the costs of the IID by offenders subject to this requirement
in amounts commensurate with that person's income relative to
the federal poverty level, as specified:
a) A person with an income at 100% of the federal poverty
level and below is responsible for 10% of the fee for the
assessment;
b) A person with an income at 101% to 200% of the federal
poverty level is responsible for 10% of the fee for the
assessment;
c) A person with an income at 201% to 300% of federal
poverty level is responsible for 50% of the fee for the
assessment;
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d) All other offenders are responsible for 100% of the fee
for the assessment; and,
e) The IID provider is responsible for absorbing the cost
of the IID that is not paid by the person.
11)States the cost of the IID may only be raised annually equal
to the Consumer Price Index and the offender's income may be
verified by presentation of that person's federal income tax
return or three months of monthly income statements.
12)States the requirements of an IID, as specified, are in
addition to any other requirement of law.
13)Creates an exception from the requirements to install an IID
if the person notified by the DMV certifies within 30 days 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 when he or she was arrested for DUI
that subsequently resulted in a conviction, as specified;
d) The person acknowledges that he or she is only allowed
to drive a vehicle that is fitted with an operating
ignition interlock device and that he or she is required to
have a valid driver's license before he or she can drive;
and,.
e) The person is subject to the requirements of this
provision when he or she purchases or has access to a
vehicle.
14)Mandates the DMV report to the Legislature on or before
January 1, 2014 regarding the effectiveness of the pilot
program, as specified, in reducing the number of first-time
violations and repeat offenses of DUI and DUI with injury in
Alameda, Los Angeles, and
Sacramento counties.
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15)Defines "vehicle" as not including a motorcycle until the
state certifies an IID that can be installed on a motorcycle.
A person subject to an IID restriction shall not operate a
motorcycle for the duration of the IID restriction period.
16)Mandates the DMV shall not implement the IID requirements in
this bill if, by January 31, 2010, DMV fails to obtain
nonstate funds for the programming costs of the pilot program,
as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Based on DMV estimates, one-time programming costs of about
$300,000, plus annual costs for the life of the program of
$500,000 to $800,000. These costs could eventually be covered
by the proposed undetermined fee, which, based on preliminary
estimates would likely be in the range of $50. It is not
clear, however, that a sufficient number of offenders could or
would pay the fee.
This bill specifies that if non-state funds are not available by
January 31, 2010 to cover the pilot program's start-up costs,
the program will not be implemented.
2)Costs in the range of $250,000 over the duration of the pilot
for research activities necessary to gather data, evaluate the
pilot and provide the Legislature with a meaningful report.
DMV notes these costs may ultimately be covered by research
grants, potentially through the federal government.
COMMENTS : According to the author, "DUI has proven to be an
enormous problem in California. In 2007, there were 203,866 DUI
arrests made statewide in California, which averages out to 558
DUI arrests every day. Of those arrests, 45,149 were repeat
offenders. In this same year, DUI drivers caused 53,261
collisions, resulting in the death of 1501 people. This is 518
more people killed as a result of driving under the influence
than in 2006. This bill would stop DUI drivers in their tracks
by obstructing their ability to start their vehicle when they
have alcohol in their system, while affording them with ability
to attend to their daily activities by returning their driving
privilege as long as they comply with the IID requirements.
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IIDs have uniformly demonstrated, when utilized effectively,
that they can reduce DUI recidivism from 40 to 95 percent. IIDs
have already been implemented with positive results in New
Mexico, Texas, Washington and many others states. California
has not seen results from IIDs because they have not been
consistently ordered to be installed. Unless installed, IIDs
cannot work. This bill would require the use of IIDs by a
person convicted of a DUI offense. These DUI offenders would be
eligible for restricted driver's licenses only after they have
completed a required period of mandatory suspension and have
installed the required IID. Implementation of IIDs would be a
powerful tool to reduce the number of DUI related deaths and
injuries"
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0001258