BILL ANALYSIS Ó
SB 1066
Page 1
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1066
(Beall) - As Amended June 29, 2016
-----------------------------------------------------------------
|Policy |Transportation |Vote:|15 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the use of 24/7 Sobriety programs following
driving-under-the-influence (DUI) violations. Specifically, this
bill:
SB 1066
Page 2
1)Stipulates that, under a 24/7 Sobriety program, a participant
must abstain from alcohol or controlled substance use for a
designated time period and be subject to at least
twice-per-day breath testing for alcohol or periodic testing
for controlled substances at a testing location, but that
someone claiming a hardship to these conditions may
participate by wearing a transdermal monitoring device or
alternative method approved by the National Highway Traffic
Safety Administration.
2)Authorizes the court to order a person with a DUI conviction
to enroll in and successfully complete a 24/7 program as a
condition of the person's probation, parole, or work permit
and to order a person arrested for DUI to enroll in a 24/7
program as a condition of release on bond. For either one of
these cases, the current violation must have occurred within
10 years of one or more prior violations that resulted in a
conviction.
3)Authorizes a person whose driving privilege has been suspended
for DUI and who applies to the DMV for a restricted driving
privilege to enroll in and complete a 24/7 program. The
restricted driving privilege must be for at least one year and
may be conditioned on participation in the 24/7 program as an
alternative to, or in conjunction with participation in an
ignition interlock device (IID) program.
4)Limits the 24/7 programs to 180 days, unless the enrollee
tests positive for alcohol or an unauthorized controlled
substance or fails to appear for a test.
5)Requires participants to pay program costs commensurate with
their ability to pay, as determined by the Department of
Health Care Services pursuant to current law for other alcohol
SB 1066
Page 3
or drug programs.
6)Requires Caltrans' Office of Traffic Safety (OTS) to include
the provisions authorizing use of 24/7 programs in its
application for federal highway safety programs funded under
the Fixing America's Surface Transportation Act (FAST Act).
7)Requires the DMV to establish uniform statewide data
collection on 24/7 programs involving: (a) participant
demographics; (b) participant case history; (c) testing
duration, results, and attendance; and (d) fees and payments.
8)Requires the interregional transportation improvement program
(ITIP), the regional transportation improvement program
(RTIP), and the state transportation improvement program
(STIP) to identify and reflect funds expected to be derived
from apportionments made to California under the FAST Act.
FISCAL EFFECT:
One-time special fund cost of around $200,000 to DMV for
programming to add a new license restriction. Significant
additional costs, of several hundred thousand to one million
dollars, for DMV to establish a data collection in conformance
with the bill's requirements, as the department does not
currently collect the specified data, as it does not involve
characteristics of owning and operating a motor vehicle. [Motor
Vehicle Account] The DMV indicates that, in other states, such
data has been collected by law enforcement or the attorney
general.
In addition to the above, due to nature of DMV's legacy data
system, the number of characters to reference a state statute is
SB 1066
Page 4
limited. The Vehicle Code section added by this bill exceeds
that limit, thus the programming cost to implement this bill, as
written, would be several million dollars. This is a technical
drafting issue that can be addressed through renumbering.
According to OTS, under the FAST Act, the state could be
expected to receive about $400,000 annually in federal funding
earmarked for 24/7 Programs.
COMMENTS:
1)Purpose. The FAST Act, enacted in December 2015, is a
five-year, authorization of highway, transit, safety and rail
programs. The Act includes about $150 million annually for
grants to states that have evidence-based programs aimed at
reducing impaired driving, such as the 24/7 Sobriety programs.
The Act also includes about $4.4 million annually specifically
for grants to help fund the start-up costs of 24/7 programs in
those states where such programs are authorized. This bill is
intended to provide the state authorization in order to allow
the state to seek these federal funds.
2)Background. 24/7 Sobriety began as a pilot program in South
Dakota in 2005 and required those convicted of alcohol-related
offenses to take twice-a-day breathalyzer tests or wear a
continuous alcohol monitoring bracelet. If alcohol was
detected in a participant's system, they would typically have
to spend one or two nights in jail. The program grew to
include more jurisdictions and offenses. By the end of 2013,
studies found that the total number of repeat driving under
the influence arrests in areas operating the program fell by
twelve percent, and the total number of arrests for domestic
violence dropped by nine percent. 24/7 programs have
subsequently been implemented in several other states.
SB 1066
Page 5
3)Related Legislation. SB 1046 (Hill), also on today's committee
agenda, mandates installation of IIDs statewide following
DUIs. Since SB 1066 authorizes a 24/7 program in lieu of an
IID, this apparent conflict will need to be addressed.
AB 2367 (Cooley), which authorized 24/7 programs and required
the DMV to study the success of these programs, was held on
this committee's Suspense file in May.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081