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