BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1046 (Hill) - Driving under the influence: ignition
interlock device
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|Version: April 13, 2016 |Policy Vote: PUB. S. 7-0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 25, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1046 would require the installation of an ignition
interlock device (IID) for all driving under the influence (DUI)
convictions for specified periods of time in order to obtain a
restricted license or to have a license reinstated. This bill,
among its provisions, would do the following:
Requires the DMV to issue a report to the Legislature by June
1, 2021, regarding the implementation and efficacy of the
statewide IID program, as specified.
Authorizes the Director of Consumer Affairs (DCA) to suspend
or revoke the registration of a service dealer or automotive
repair dealer who installs, services, maintains, or monitors
IIDs for noncompliance with the bill's provisions.
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Fiscal
Impact:
IID program automation : Significant one-time programming
costs in excess of $500,000 (Special Fund*) for DMV to update
programs. Costs are estimated to be covered by the authority
of the DMV to charge a fee for administration of the program.
DMV field offices : Potential increase in annual costs of
$700,000 to $750,000 for additional transaction time required
in field offices to verify IID installation for applications
for restricted driver licenses. Costs are estimated to be
covered by the authority of the DMV to charge a fee for
administration of the program.
DMV headquarters : Ongoing increase in workload costs of
$400,000 to $450,000 resulting from processing proof of IID
installation forms and reinstatements requiring manual review
and processing. One-time costs for the development of
regulations, changes to existing forms, and
preparation/distribution of notifications. Costs are estimated
to be covered by the authority of the DMV to charge a fee for
administration of the program.
Legislative report : One-time costs (Special Fund*) of
$500,000 (Special Fund*) for the DMV to research, develop, and
submit the report on the IID program.
IID vendor oversight : Unknown, but potentially significant
ongoing costs (Special Fund**) for enforcement to the Bureau
of Electronic Appliance Repair, Home Furnishings and Thermal
Insulation (BEARHFTI) of the DCA to the extent a significant
number of violations materialize resulting from substantive
complaints as a result of this bill.
DUI violations : Unknown, potential future impact on the
number of DUI arrests and convictions that would result in
related impacts to the costs incurred by the courts, treatment
programs, law enforcement, local jails, and state prisons.
*Motor Vehicle Account
**Electronic and Appliance Repair Fund
Background: Existing law provides that a person convicted of a first-time
DUI may apply for a restricted license for driving to and from
work and to and from a DUI program if specified requirements are
met, paying all applicable fees, submitting proof of insurance
and proof of participation in a program. For a second or
subsequent DUI offense, a person can get his or her license
SB 1046 (Hill) Page 2 of
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reinstated earlier if he or she agrees to install an IID along
with his or her enrollment in the required program, proof of
insurance, and payment of specified fees.
AB 91 (Feuer) Chapter 217/2009 created an IID pilot program
effective July 1, 2010, in the counties of Alameda, Los Angeles,
Sacramento and Tulare, requiring a person convicted of a DUI to
install an IID for five months upon a first offense, 12 months
for a second offense, 24 months for a third offense, and 36
months for a fourth or subsequent offense. The pilot program
remains in effect until July 1, 2017 (as extended pursuant to SB
61 (Hill) Chapter 350/2015), unless a later enacted statute,
that is enacted before July 1, 2017, deletes or extends that
date.
Pursuant to AB 91, the DMV was required to report to the
Legislature by January 1, 2015, regarding the effectiveness of
the pilot program in reducing the number of first-time DUI
violations and repeat DUI offenses in the pilot counties. In
January of 2015, the DMV released the report, General Deterrent
Evaluation of the Ignition Interlock Pilot Program in
California, which reported the following:
The results indicate that IID installation rates
among all DUI offenders increased dramatically in the
pilot counties from 2.1 percent during the pre-pilot
period to 42.4 percent during the pilot period. The
results of the Auto-Regressive Integrated Moving
Average analyses show that the IID pilot program was
not associated with a reduction in the number of
first-time and repeat DUI convictions in the pilot
counties. In other words, no evidence was found that
the pilot program has a general deterrence effect.
A follow-up study is being conducted to determine if
the pilot program has any specific deterrence
effects. It is recommended that any subsequent
legislative action on this subject take into
consideration the findings of this specific
deterrence evaluation. This evaluation is anticipated
to be released in the fall of 2015.
As of the date of this analysis, the follow-up study had not
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been released by the DMV.
Proposed Law:
This bill would require the installation of an IID for all DUI
convictions for specified periods of time in order to obtain a
restricted license or to have a license reinstated. Through
mandatory IID installation for all DUI offenders, this bill by
its provisions eliminates the July 1, 2017, sunset on the
existing IID pilot project in four counties and extends
operation of the IID program statewide indefinitely.
Additionally, this bill:
Removes the mandatory suspension period before a person
is authorized to obtain a restricted license after a
specified conviction.
Effective July 1, 2017, authorizes the court to order a
person convicted of a wet reckless to install an IID, and
requires the DMV to monitor the installation and
maintenance of the IID installed.
Requires the DMV to, if a person maintains an IID for
the specified required time, reinstate the person's
privilege to operate a car at the time the other
reinstatement requirements are satisfied.
Requires the DMV to issue a report to the Legislature by
June 1, 2021, regarding the implementation and efficacy of
the IID program, as specified.
Authorizes the Director of Consumer Affairs to suspend
or revoke the registration of a service dealer or
automotive repair dealer who installs, services, maintains,
or monitors IIDs for noncompliance with the bill's
provisions.
Requires IID service and automotive repair dealers to
provide specified information about the program to persons
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receiving IIDs.
Prior
Legislation: SB 61 (Hill) Chapter 350/2015 extends the sunset
on the existing DMV IID pilot project to July 1, 2017.
SB 55 (Hill) 2014 would have required a repeat DUI offender to
install an IID on his or her vehicle(s) for a specified period
of time in order to get a restricted license or to reinstate his
or her license, as specified. This bill was held on the Suspense
File of the Assembly Committee on Appropriations.
AB 520 (Ammiano) Chapter 657/2011 allowed a person convicted of
alcohol-related reckless driving ("wet reckless") to apply for a
restricted license early if he or she complied with specified
requirements, including installation of an IID.
AB 91 (Feuer) Chapter 217/2009 established a four-county pilot
program within the DMV that requires a person convicted of
driving under the influence to install an IID, as specified, on
all vehicles he or she owns or operates.
Staff
Comments: By requiring a DUI offender to install an IID on his
or her vehicle in order to receive a restricted license or to
reinstate his or her driving privilege, this bill by its
provisions eliminates the July 1, 2017, sunset on the existing
IID pilot projects in four counties and extends operation of the
IID program statewide indefinitely.
The DMV has indicated costs (see Fiscal Impact section) based on
data from the 2015 Annual Suspension and Revocation Report,
which identifies over 117,000 DUI suspensions/revocations and
approximately 126,500 APS suspensions imposed by DMV during that
calendar year. As the bill authorizes the DMV to charge a fee
that is sufficient to cover the costs of administration (which
DMV has specified in regulations as $45 on DUI offenders), the
ongoing operating costs to the DMV are estimated to be covered
by this fee.
Historically, few states (including California) have qualified
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for federal incentive grant funding for IID usage due to the
requirement that state law requiring IID installation to apply
to all first-time DUI offenders. To the extent the state could
potentially qualify for, elect to apply, and subsequently
receive such federal funding could serve to offset a portion of
the costs of this measure.
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