BILL ANALYSIS                                                                                                                                                                                                    



          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  








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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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