BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 520 (Ammiano)
Hearing Date: 08/15/2011 Amended: 06/28/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 7-0
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BILL SUMMARY: AB 520 would allow a person who is convicted of
reckless driving in satisfaction of, or as a substitute for, an
original charge for driving under the influence (DUI), and has a
prior DUI offense, to apply to the Department of Motor Vehicles
(DMV) for a restricted driver's license after a 90-day
suspension period if specified conditions are met including that
the person has installed an ignition interlock device (IID).
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
DMV implementation $160 $0 $0 Special*
DMV administration $5** $10** $10** Special*
*Motor Vehicle Account
** Ongoing costs fully offset by fees
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law requires a person's driving privilege to be
suspended upon conviction of specified DUI offenses. Under
current law, which became operative on July 1, 2010, a person
who has been convicted of specified DUI offenses and who has had
his or her driving privilege suspended or revoked by the court
may apply to the DMV for a restricted driver's license if
specified conditions are met including that the person has
installed an IID.
Under current law, when a person is charged with and pleads
guilty or nolo contendre to reckless driving in satisfaction of,
or as a substitute for, an original charge for a DUI, the
AB 520 (Ammiano)
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conviction is a prior offense for the purposes of specified laws
relating to punishments imposed for DUI convictions. This bill
would provide that a person who is convicted of reckless driving
in satisfaction of, or substitute for, an original charge of
DUI, and has a prior DUI offense, may apply for a restricted
driver's license after a 90-day suspension period if the
following conditions are met:
The person provides proof satisfactory to the DMV of
enrollment in a nine-month DUI program, as specified;
The person agrees, as a condition of the restriction, to
continue satisfactory participation in the DUI program;
The person installs an IID, submits the "Verification of
Installation" form, and agrees to maintain the IID as
required;
The person provides proof of insurance;
The person pays all license fees and any restriction fee
required by the DMV;
The person pays to the DMV a fee sufficient to cover the
costs of administration of the program as determined by the
DMV.
This bill would require the DMV to advise all eligible
individuals that after completion of a 90-day suspension period,
individuals may apply for a restricted driver's license subject
to the specified requirements. The restricted driving privilege
would become effective upon receipt of all required documents
and fees. Further, driving privileges would be limited to the
hours necessary for driving to and from the individual's place
of employment, driving during the course of employment, and
driving to and from activities required in the DUI program.
This bill requires a person applying for a restricted license to
pay a fee to cover the DMV's costs to administer the program
that allows for a shorter suspension period. The DMV would incur
implementation costs of approximately $160,000 related to
necessary programming changes to allow for termination of the
specified suspension, allow for imposition of an IID
restriction, and collect an administrative fee. The DMV has
indicated the programming costs would not be recoverable through
the collection of the administrative fee. Ongoing administrative
costs of approximately $10,000 would be fully covered by fees
authorized under the provisions of this bill.
AB 520 (Ammiano)
Page 2
As subsequent DUI violations are not usually reduced to a
conviction for reckless driving, DMV indicates approximately 90
percent of individuals convicted of reckless driving in
satisfaction of, or as a substitute for, an original charge for
DUI occur for first- time DUI offenders. During Calendar Year
2010 there were approximately 2,000 persons charged with 2nd or
3rd DUI offenses that had their conviction reduced to a "wet
reckless" and would be eligible under the provisions of this
bill. It is unknown how many individuals would opt for a
restricted license due to the additional costs associated with
obtaining and maintaining an IID (approximately $950 annually
per vehicle). DMV research has shown that only 20 percent of DUI
offenders eligible to reinstate their driving privileges early
by installing an IID opt to do so. Assuming 20 percent of the
2,000 eligible individuals opt to participate in the program,
the annual ongoing administrative cost of $10,000 for 400
individuals would be fully covered if DMV charged a fee of $25
per participant.
Prior Legislation. SB 598 (Huff), Chapter 193/2009 extended the
option for a restricted driver's license after a shortened
suspension period to individuals convicted of specified DUI
offenses.