AB 366: Ignition interlock devices. - California

08/29/25 - Amended Senate → 09/16/25 - Enrolled · 5 edits · Sep 16, 2025

MODERATE

AB 366 (Enrolled) significantly narrows the scope of the earlier Senate-amended version. The enrolled bill extends ignition interlock device (IID) provisions until January 1, 2033 rather than making them permanent, removes the requirement that courts order IID installation on a first DUI conviction, and drops the income-based fee schedule for IID costs. It also restructures restricted license eligibility, including a new provision allowing alcohol-only second-offense drivers to qualify after 90 days instead of 12 months.

Scope change

The bill's scope was narrowed from a permanent extension with mandatory first-offender IID installation and income-based cost sharing to a time-limited extension (through 2033) with a simpler regulatory structure that does not mandate IIDs for first-time offenders or impose an income-based fee schedule.

TIMELINE

The sunset date for IID provisions was changed from indefinite (permanent) in the Senate amendment to January 1, 2033 in the enrolled version. After that date, the law reverts to how it read before January 1, 2019.

REQUIREMENT

The requirement that a court must order IID installation upon a person's first criminal DUI conviction was removed from the enrolled version.

FISCAL

The income-based fee schedule for IID costs (adjusting what a person pays based on their income relative to the federal poverty level, with the provider absorbing remaining costs) was removed from the enrolled version.

ELIGIBILITY

A new provision allows a person convicted of a second DUI involving only alcohol (no drugs) to qualify for a restricted license after completing 90 days of the suspension period instead of the standard 12 months.

TECHNICAL

References to Section 23575.3 for IID requirements were changed to references to subdivision (g) of Section 23575, indicating a reorganization of the IID statutory framework within the Vehicle Code.

07/16/25 - Amended Senate → 08/29/25 - Amended Senate · 3 edits · Aug 29, 2025

MINOR

AB 366 was amended in the Senate to change the sunset date for California's ignition interlock device (IID) program from indefinite to a fixed expiration of January 1, 2033. The original pilot program was set to expire on January 1, 2026; the July version would have made it permanent, but this August amendment instead gives it a defined end date after which the pre-2019 law would be reinstated. The bill also expands the list of Vehicle Code sections it amends or repeals.

Scope change

The bill's temporal scope narrowed from a permanent (indefinite) extension of IID requirements to a time-limited extension ending January 1, 2033. The statutory scope broadened slightly by adding four additional Vehicle Code sections to the list of provisions being amended or repealed.

TIMELINE

The IID program's expiration changed from 'indefinitely' (permanent) to a fixed sunset date of January 1, 2033, after which the law reverts to how it read before January 1, 2019. This means the mandatory and discretionary IID requirements for DUI offenders will no longer apply after that date.

SCOPE

The bill now amends or repeals additional Vehicle Code sections: 13353.6, 13353.75, 13390, and 23575.3 were added to the list of affected sections, broadening the statutory footprint of the bill.

TECHNICAL

The base statute reference for Section 13352 was updated from 'Section 1 of Chapter 611 of the Statutes of 2021' to 'Section 6 of Chapter 16 of the Statutes of 2025,' reflecting the current statutory text being amended.

10/13/25 - Chaptered → AB366 · 1 edit

MINOR

The diff reflects a change in document format rather than a change in legislative content. The 'from' version is the official chaptered statute text (Chapter 689, approved October 13, 2025), while the 'to' version appears to be a webpage capture from the California legislature's website, complete with navigation elements like 'skip to content,' 'FAQ,' 'login,' and search fields. The underlying bill text (AB 366, extending ignition interlock device provisions until January 1, 2033) is substantively unchanged.

TECHNICAL

The document changed from the official chaptered statutory format (with page numbers, legislative counsel's digest, and formal section numbering) to a webpage rendering that includes website navigation elements (home, FAQ, feedback, sitemap, login, search fields, bill information links). No substantive policy language was added or removed.

09/16/25 - Enrolled → 10/13/25 - Chaptered · 2 edits · Oct 13, 2025

MINOR

This diff reflects the standard conversion of AB 366 from its enrolled (passed) form to its chaptered (enacted) form as Chapter 689. No substantive policy changes were made between the two versions. The bill extends California's ignition interlock device (IID) requirements, which were set to expire on January 1, 2026, through January 1, 2033, making them effectively permanent for a seven-year extension.

TECHNICAL

The bill was renumbered as Chapter 689 and formatted in the standard chaptered layout with 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header, replacing the enrolled bill format that included passage dates and clerk signatures.

TIMELINE

Governor's approval date of October 13, 2025 was added, confirming the bill became law on that date.

05/23/25 - Amended Assembly → 07/16/25 - Amended Senate · 2 edits · Jul 16, 2025

MINOR

The Senate amendment removes provisions that would have subjected the Department of Motor Vehicles' own administrative fees for ignition interlock device (IID) requirements to the income-based fee schedule, along with a prohibition on cross-subsidization by individuals who do not receive fee waivers or reductions. This narrows the bill's fee-related scope so that only IID provider costs are subject to the sliding scale, while DMV's administrative fee remains separate and unchanged from existing law.

FISCAL

Removed the provision that would have subjected the DMV's administrative fee for IID requirements to the income-based fee schedule. Under the Assembly version, DMV's own fee would have been adjusted based on a person's income relative to the federal poverty level. The Senate amendment eliminates this, leaving DMV's administrative fee governed by existing law.

Removed the prohibition on cross-subsidization that would have prevented individuals who do not receive a fee waiver or reduced fee from subsidizing the loss of revenue generated by those waivers and reductions for lower-income individuals.

05/01/25 - Amended Assembly → 05/23/25 - Amended Assembly · 5 edits · May 23, 2025

MODERATE

The May 23 amendment to AB 366 primarily adjusts the income-based fee schedule for ignition interlock devices by raising all poverty-level thresholds by 25 percentage points, meaning more low-income drivers will qualify for reduced costs. It also expands the definition of covered costs to explicitly include program administration, installation, service, maintenance, and recalibration, not just the device itself. A new coauthor (Assembly Member Harabedian) was added.

ELIGIBILITY

Income thresholds for the ignition interlock device fee schedule were raised: the lowest tier went from 100% to 125% of the federal poverty level, the second tier from 101-200% to 126-225%, the third tier from 201-300% to 226-325%, and the fourth tier from 301-400% to 326-425%. This expands eligibility for reduced fees to more low-income drivers.

The requirement for income verification was removed from the lowest fee tier (125% of federal poverty level or below), making it easier for the poorest drivers to access the 10% cost share without proving their income.

FISCAL

The fee schedule now explicitly defines covered costs as including the device, program administration, installation, service, maintenance, recalibration, and any other associated costs, rather than just referencing 'the manufacturer's standard ignition interlock device program costs.' This clarifies what the income-based percentages apply to.

REQUIREMENT

A new subparagraph (G) was added to the fee schedule explicitly stating that the manufacturer is responsible for absorbing the percentage of costs not paid by the person under the reduced tiers, reinforcing the provider's financial obligation.

TECHNICAL

The term 'offender' was replaced with 'person' in multiple locations throughout Section 23575.3, reflecting a shift toward less stigmatizing language.

02/03/25 - Introduced → 05/01/25 - Amended Assembly · 8 edits · May 1, 2025

MODERATE

AB 366 was substantially amended in the Assembly to introduce an income-based fee schedule for ignition interlock devices (IIDs), requiring manufacturers and their certified agents to set fees commensurate with a person's income relative to the federal poverty level. The amendment also clarifies that IID costs include program administration, installation, service, maintenance, and recalibration, requires providers to absorb any remaining costs not paid by the person, and prohibits cross-subsidization from those who do not receive fee reductions. A new reporting requirement was added for DMV's annual legislative report on IID installations.

FISCAL

Requires IID manufacturers and their certified agents to adopt a fee schedule that sets payment amounts based on the person's income relative to the federal poverty level, replacing the previous flat-fee approach.

Specifies that the IID provider is responsible for absorbing remaining costs not paid by the person after applying the income-based fee schedule.

Prohibits a person who does not receive a waiver or reduced fee from being required to subsidize the loss of revenue from those waivers and reduced fees (no cross-subsidization).

The DMV's administrative fee for these provisions is now also subject to the income-based fee schedule, rather than being set independently by the department.

DEFINITION

Explicitly defines 'costs of the IID' to include administration of the program, installation of the device, service, maintenance, recalibration, and any other costs associated with the device.

REQUIREMENT

Requires DMV to include additional information in its annual report to the Legislature about individuals who were required to have a functioning, certified IID installed.

SCOPE

Adds new Section 23575.4 to the Vehicle Code (not present in the introduced version).

TECHNICAL

Assembly Member Chen was added as a coauthor.

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