BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 91 (Feuer) Hearing Date: 08/17/2009 Amended: 08/17/2009 Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 5-1 _________________________________________________________________ ____ BILL SUMMARY: AB 91 creates a Department of Motor Vehicles (DMV) pilot project mandating the installation of an ignition interlock device (IID) on every vehicle owned or operated by all driving under the influence offenders (DUI) in the Counties of Alameda, Los Angeles, Sacramento, and Tulare. This bill provides that DMV, upon receipt of the court's abstract of conviction for one of the specified DUI violations, shall: 1. Inform the convicted person he or she is required to have an IID installed for the specified period of time. 2. 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 IID. 3. Monitor the installation and maintenance of the ignition interlock device installed under the pilot project. 4. Receive nonstate funds for the programming costs of the pilot program by January 31, 2010, in order for DMV to implement the program. 5. Report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time violations and repeat offenses. This bill requires that individuals in the pilot program counties, who are convicted of DUI violations to (a) arrange for each vehicle owned or operated by the person to be fitted with an IID by a certified ignition interlock device provider, and serviced every 60 days; (b) notify DMV and provide proof of installation, as specified; and (c) pay a fee, determined by DMV, sufficient to cover the costs of administering this program. This bill specifies the time period of mandatory IID installation for each offense, as well as the exemptions and exempted parties. This bill establishes a mandatory fee schedule for manufacturers, and authorizes them to verify a parson's income and charge the specified amount. The provisions of this bill go into effect only if SB 568 is also implemented. This bill makes legislative findings and declarations. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund DMV programming $300 Federal* Pilot administration $800-1,000 ongoing costs, fully offset by fees Special** Report to Legislature Minor and absorbable Special** *Implementation is contingent on "nonstate" funds to start the pilot. ** Motor Vehicle Account _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. Page 2 AB 91 (Feuer) This bill requires DMV to operate a specified IID pilot program for DUI offenders in four counties. DMV estimates the initial programming costs to start the program to be $300,000, which it will seek as a block grant from the National Highway Traffic Safety Administration. Implementation of this bill is contingent on receiving "nonstate" money; either federal or private funding. Upon implementation, this bill allows DMV to collect a fee from participating DUI offenders that is sufficient to cover the cost of administering the program. This bill requires a report to the Legislature regarding the effectiveness of this pilot program, by January 1, 2015. DMV believes the bill provides sufficient time to study the effects of the program and report to the Legislature, within its existing research and development staff resources. Staff notes that this bill may result in significant cost pressure. This bill mandates a specific fee schedule for IID manufacturers and their certified agents, which limits the amount that can be charged for use of an IID based on the participant's income level. A participant whose income level is 100% of the federal poverty level (and below) is only responsible for 10% of the cost of the IID. A participant whose income level is 101-200% of the federal poverty level (and below) is only responsible for 25% of the cost of the IID. A participant whose income level is 201-300% of the federal poverty level (and below) is only responsible for 10% of the cost of the IID. The bill specifies that the provider of the IID is responsible for absorbing the cost that is not paid for by the participant. To the extent that providers are unwilling to do so, there will be pressure on the state to either change this provision or to provide financial assistance to low-income participants. Some states with similar programs currently have state-funded assistance for low income individuals.