California 2009-2010 Regular Session Status: Enacted 1 D cosponsors

AB 91 — Vehicles: driving under the influence (DUI): ignition interlock device.

Last action — Chaptered by Secretary of State - Chapter 217, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions. This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device. (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program. The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program. On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties. (3) This bill would require that it become operative only if SB 598 of the 2009–10 Regular Session becomes operative on or before January 1, 2010. (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 217, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3160.)

  5. Assembly Rule 77 suspended. (Page 3152.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 31. Noes 4. Page 2172.)

  8. Read second time. To third reading.

  9. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  10. From committee: Do pass. (Ayes 13. Noes 0.) (August 27).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Placed on Appropriations suspense file.

  13. Read second time, amended, and re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 7).

  15. Referred to Com. on PUB. S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1945.)

  18. Read second time. To third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 28).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 27).

  25. Re-referred to Com. on TRANS.

  26. Read second time and amended.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on TRANS. (Ayes 6. Noes 0.) (April 14).

  28. Re-referred to Com. on PUB. S.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  30. Re-referred to Com. on PUB. S.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  32. Referred to Coms. on PUB. S. and TRANS.

  33. From printer. May be heard in committee February 6.

  34. Read first time. To print.

Sponsors

  • Josh Lowenthal · Cosponsor
  • Benoit · Cosponsor
  • Buchanan · Cosponsor
  • Jones · Cosponsor
  • Saldana · Cosponsor
  • Cox · Cosponsor
  • De La Torre · Cosponsor
  • DeSaulnier · Cosponsor
  • Feuer · Primary
  • Gilmore · Cosponsor
  • Hill · Cosponsor
  • Huffman · Cosponsor
  • Jeffries · Cosponsor
  • Lieu · Cosponsor
  • Miller · Cosponsor
  • Nava · Cosponsor
  • Solorio · Cosponsor
  • Torlakson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 17 co-sponsors · 104 not signed on

Sponsors (1)

  • Feuer

Co-sponsors (17)

  • Lowenthal, Josh Democratic
  • Benoit
  • Buchanan
  • Jones
  • Saldana
  • Cox
  • De La Torre
  • DeSaulnier
  • Gilmore
  • Hill
  • Huffman
  • Jeffries
  • Lieu
  • Miller
  • Nava
  • Solorio
  • Torlakson

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 91 FEUER Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hernandez — Yea
Bass — Yea
Duvall — Not Voting
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB91 Feuer By Padilla

Passed 31 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 28505
Democratic 2000
Republican 1000
Total 31505
% of votes cast 76%12%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Florez — Yea
Cogdill — Yea
Hancock — Yea
Huff — Yea
Liu — Yea
Lowenthal — Yea
Runner — Yea
Benoit — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Negrete — Nay
Cedillo — Not Voting
Harman — Not Voting
Ashburn — Nay
Ducheny — Not Voting
Kehoe — Not Voting
McLeod — Nay
Romero — Not Voting
Wright — Nay
Aanestad — Yea
Alquist — Yea
Hollingsworth — Nay
Leno — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 91 FEUER Assembly Third Reading

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82004
Democratic 3000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Charles — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gilmore — Yea
Hagman — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Bill — Not Voting
Furutani — Not Voting
Block — Not Voting
Adams — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Carter — Yea
Conway — Yea
Emmerson — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16004
Democratic 1000
Republican 1000
Total 18004
% of votes cast 82%0%0%18%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Duvall — Not Voting
Krekorian — Yea
Miller — Not Voting
Nielsen — Not Voting
Skinner — Yea
Solorio — Yea
Ammiano — Yea
Harkey — Not Voting
Price — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13002
Democratic 1000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
John — Yea
Eng — Yea
Conway — Yea
Garrick — Yea
Jeffries — Yea
Bonnie — Yea
Miller — Yea
Perez — Yea
Torlakson — Yea
Blumenfield — Yea
Buchanan — Not Voting
Solorio — Yea
A. — Yea
Furutani — Not Voting
Galgiani — Yea
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 91 do?
(1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions. This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device. (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program. The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program. On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties. (3) This bill would require that it become operative only if SB 598 of the 2009–10 Regular Session becomes operative on or before January 1, 2010. (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 91?
AB 91 is sponsored by Lowenthal, Josh (Democratic), Benoit, Buchanan, Jones, Saldana, Cox, De La Torre, DeSaulnier, Feuer, Gilmore, Hill, Huffman, Jeffries, Lieu, Miller, Nava, Solorio, and Torlakson.
What is the current status of AB 91?
This bill has been enacted into law. Introduced January 06, 2009. Enacted.
Where can I track AB 91?
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