BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1066  
          (Beall) - As Amended June 29, 2016


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          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: 









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          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  








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            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  








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          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.









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          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