BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
598 (Huff)
Hearing Date: 05/18/2009 Amended: 05/05/2009
Consultant: Mark McKenzie Policy Vote: PS 7-0
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BILL SUMMARY: Effective July 1, 2010, SB 598 would allow those
convicted of a second or third driving under the influence (DUI)
to get a restricted license earlier if they put ignition
interlock devices (IIDs) on their vehicles and pay a fee
sufficient to cover the Department of Motor Vehicle's (DMV's)
costs to administer the program.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
DMV implementation costs $267 Special*
DMV ongoing costs $173** $172** Special*
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* Motor Vehicle Account
** Staff notes that ongoing costs are fully offset by fees
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File
Existing law requires a two-year drivers license suspension when
a person is convicted of a second DUI. After 12 months of "hard
suspension," he or she may apply for a restricted license, which
is usually limited to driving to and from work and a drinker
driver treatment program. If he or she installs an IID, enrolls
in a treatment program, and shows proof of insurance, however,
the restriction is less limited. SB 598 would shorten the time
frame before a person could get a restricted license to 90 days
if the person installs and maintains an IID, in addition to the
other specified requirements.
Under existing law, a person convicted of a third DUI faces a
three-year license suspension. After 12 months of "hard
suspension," that person can apply for a restricted license if
he or she installs an IID, enrolls in the required program, and
gives proof of insurance. SB 598 would make that restricted
license available after six months.
SB 598 also requires a person applying for a restricted license
to pay a fee to cover DMV's costs to administer the program that
allows for a shorter suspension period. DMV has identified
implementation costs of $267,172 related to necessary
programming changes and form revisions. These costs would be
incurred prior to the collection of any fees, but could be
reimbursed once collection begins. Ongoing staffing costs of
approximately $173,000 would be fully covered by fees authorized
by this bill.
In 2006, there were approximately 32,680 convictions for second
DUI violations and approximately 7,649 convictions for third DUI
violations. It is difficult to accurately estimate the number
of second and third time DUI violators who would opt for a
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SB 598 (Huff)
restricted license due to the additional costs associated with
obtaining and maintaining an IID (approximately $1,320 per
vehicle). If 10,000 individuals each year participated in the
program and DMV charged a fee of $25, annual fees collected
would be $250,000. At this level, ongoing costs would be
covered and the startup costs would be fully reimbursed within
3.5 years.
Staff notes that the introduced version of this bill is
identical to the SB 1361 (Correa), which was vetoed by the
Governor last year. The veto message stated the following:
Drunk driving is a serious public safety hazard, and I
fully support any meaningful efforts to curb this practice.
Unfortunately, this bill would not diminish the occurrence
of driving under the influence (DUI) in a meaningful way as
it would restore the driving privileges of DUI offenders -
many of whom have multiple DUI convictions - much sooner
than currently allowed. Although ignition interlock
devices have a good track record in preventing drunk
driving, this bill would only mandate their installation in
the vehicles of persons who would, under current law, be
off the streets entirely.