BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 91|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 91
Author: Feuer (D), et al
Amended: 8/17/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 7/7/09
AYES: Leno, Benoit, Hancock, Huff, Steinberg
NOES: Wright
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/27/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 77-0, 6/2/09 - See last page for vote
SUBJECT : Vehicles: driving under the influence (DUI):
ignition
interlock device
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS : Existing law requires all manufacturers of
CONTINUED
AB 91
Page
2
IIDs 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 requires a manufacturer and a manufacturer's
agent, certified by the department to provide IIDs, to
provide each year to the department information on the
number of false positives and the time to reset the device.
The bill also requires the department to use this
information in evaluating the continued certification of an
IID.
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 percent 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 IID on
the person's vehicle.
This bill requires 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 IID on all vehicles he or she owns or operates,
except as provided. The amount of time the IID would be
required to be installed would be based upon the number of
convictions, as prescribed. The bill prohibits the
implementation of the pilot program if the department fails
AB 91
Page
3
to obtain, by January 31, 2010, nonstate funds for the
programming costs of the pilot program.
The bill sets up a statutory scheme under which the
department would, with regard to the installation of an IID
described above, notify the person of the IID installation
requirements established under the bill, accept
notification from the installer of the IID of attempts to
remove, bypass, or tamper with the IID or if the person
fails three or more times to comply with the maintenance
requirements, monitor the installation and maintenance of
the IID, and keep specified records.
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 IID
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 IID 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.
AB 91
Page
4
The bill also requires that manufacturers and
manufacturer's agents, certified by the department to
provide IIDs, adopt a fee schedule for payment of the costs
of the IID 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.
This bill requires, 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.
This bill requires that it become operative only if SB 598
of the 2009-10 Regular Session becomes operative on or
before January 1, 2010.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
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
SUPPORT : (Verified 8/27/09)
MADD
Peace Officers Research Association of California
Association for Los Angeles Deputy Sheriffs
AB 91
Page
5
Los Angeles District Attorney's Office
Los Angeles Police Department
Los Angeles County Sheriff's Department
Sacramento County Sheriff's Department
Sacramento Police Officers Association
Sacramento Metropolitan Fire District
American Academy of Pediatrics
American Nurses Association, California
California Hospital Association
California Emergency Nurses Association
John Muir Health
Cedars-Sinai Health System
County of Los Angeles
San Diego County Board of Supervisors
City of Los Angeles
City of Sacramento
Alliance of Automobile Manufacturers
Association of California Insurance Companies
AAA of Northern California
Automobile Club of Southern California
OPPOSITION : (Verified 8/27/09)
California DUI Lawyers Association
California Public Defenders Association
ARGUMENTS IN SUPPORT : According to the author's office:
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.
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
AB 91
Page
6
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.
Under current law, the courts have the discretion, but
are not mandated, to require the installation of an
IID for first-time and repeat DUI offenders. Data
shows that, statewide, only 4.3 percent of DUI
offenders are actually ordered to install an IID.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Tom
Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Bill Berryhill, Block, Furutani
RJG:nl 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****