BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 598 (Huff) Hearing Date: 05/28/2009 Amended: 05/05/2009 Consultant: Mark McKenzie Policy Vote: PS 7-0 _________________________________________________________________ ____ 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. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund DMV implementation costs $267 Special* DMV ongoing costs $173** $172** Special* ____________ * Motor Vehicle Account, costs reimbursed in future fiscal years from fees. ** Staff notes that ongoing costs are fully offset by fees. _________________________________________________________________ ____ STAFF COMMENTS: 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 Page 2 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.