BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 520 (Ammiano) Hearing Date: 08/15/2011 Amended: 06/28/2011 Consultant: Jolie Onodera Policy Vote: Public Safety 7-0 _________________________________________________________________ ____ BILL SUMMARY: AB 520 would allow a person who is convicted of reckless driving in satisfaction of, or as a substitute for, an original charge for driving under the influence (DUI), and has a prior DUI offense, to apply to the Department of Motor Vehicles (DMV) for a restricted driver's license after a 90-day suspension period if specified conditions are met including that the person has installed an ignition interlock device (IID). _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund DMV implementation $160 $0 $0 Special* DMV administration $5** $10** $10** Special* *Motor Vehicle Account ** Ongoing costs fully offset by fees _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. Existing law requires a person's driving privilege to be suspended upon conviction of specified DUI offenses. Under current law, which became operative on July 1, 2010, a person who has been convicted of specified DUI offenses and who has had his or her driving privilege suspended or revoked by the court may apply to the DMV for a restricted driver's license if specified conditions are met including that the person has installed an IID. Under current law, when a person is charged with and pleads guilty or nolo contendre to reckless driving in satisfaction of, or as a substitute for, an original charge for a DUI, the AB 520 (Ammiano) Page 1 conviction is a prior offense for the purposes of specified laws relating to punishments imposed for DUI convictions. This bill would provide that a person who is convicted of reckless driving in satisfaction of, or substitute for, an original charge of DUI, and has a prior DUI offense, may apply for a restricted driver's license after a 90-day suspension period if the following conditions are met: The person provides proof satisfactory to the DMV of enrollment in a nine-month DUI program, as specified; The person agrees, as a condition of the restriction, to continue satisfactory participation in the DUI program; The person installs an IID, submits the "Verification of Installation" form, and agrees to maintain the IID as required; The person provides proof of insurance; The person pays all license fees and any restriction fee required by the DMV; The person pays to the DMV a fee sufficient to cover the costs of administration of the program as determined by the DMV. This bill would require the DMV to advise all eligible individuals that after completion of a 90-day suspension period, individuals may apply for a restricted driver's license subject to the specified requirements. The restricted driving privilege would become effective upon receipt of all required documents and fees. Further, driving privileges would be limited to the hours necessary for driving to and from the individual's place of employment, driving during the course of employment, and driving to and from activities required in the DUI program. This bill requires a person applying for a restricted license to pay a fee to cover the DMV's costs to administer the program that allows for a shorter suspension period. The DMV would incur implementation costs of approximately $160,000 related to necessary programming changes to allow for termination of the specified suspension, allow for imposition of an IID restriction, and collect an administrative fee. The DMV has indicated the programming costs would not be recoverable through the collection of the administrative fee. Ongoing administrative costs of approximately $10,000 would be fully covered by fees authorized under the provisions of this bill. AB 520 (Ammiano) Page 2 As subsequent DUI violations are not usually reduced to a conviction for reckless driving, DMV indicates approximately 90 percent of individuals convicted of reckless driving in satisfaction of, or as a substitute for, an original charge for DUI occur for first- time DUI offenders. During Calendar Year 2010 there were approximately 2,000 persons charged with 2nd or 3rd DUI offenses that had their conviction reduced to a "wet reckless" and would be eligible under the provisions of this bill. It is unknown how many individuals would opt for a restricted license due to the additional costs associated with obtaining and maintaining an IID (approximately $950 annually per vehicle). DMV research has shown that only 20 percent of DUI offenders eligible to reinstate their driving privileges early by installing an IID opt to do so. Assuming 20 percent of the 2,000 eligible individuals opt to participate in the program, the annual ongoing administrative cost of $10,000 for 400 individuals would be fully covered if DMV charged a fee of $25 per participant. Prior Legislation. SB 598 (Huff), Chapter 193/2009 extended the option for a restricted driver's license after a shortened suspension period to individuals convicted of specified DUI offenses.