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
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          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).
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          ____
                            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
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          ____

          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)
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          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.