Kansas 2023-2024 Regular Session

Kansas Senate Bill SB493 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2024
2	2	SENATE BILL No. 493
3	3	By Committee on Judiciary
4	4	2-8
5	5	AN ACT concerning driving; relating to ignition interlock devices;
6	6	requiring manufacturers of such devices to pay fees to the highway
7	7	patrol for the administration of the ignition interlock program; creating
8	8	the IID fee program fund; amending K.S.A. 8-1016 and repealing the
9	9	existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 8-1016 is hereby amended to read as follows: 8-
12	12	1016. (a) The superintendent of the highway patrol may adopt rules and
13	13	regulations for:
14	14	(1) The approval by the highway patrol of models and classes of
15	15	ignition interlock devices suitable for use by persons whose driving
16	16	privileges have been restricted to driving a vehicle equipped with such a
17	17	device;
18	18	(2) the calibration and maintenance of such devices, which shall be
19	19	the responsibility of the manufacturer;
20	20	(3) ensuring that each manufacturer provides a reasonable statewide
21	21	service network where such devices may be obtained, repaired, replaced or
22	22	serviced and such service network can be accessed 24 hours per day
23	23	through a toll-free phone service;
24	24	(4) the requirements for proper use and maintenance of a certified
25	25	ignition interlock device by a person during any time period the person's
26	26	license is restricted by the division to only operating a motor vehicle with
27	27	an ignition interlock device installed; and
28	28	(5) the reporting requirements for the manufacturer to the division
29	29	and the highway patrol relating to a person's proper use and maintenance
30	30	of a certified ignition interlock device.
31	31	(b) In adopting rules and regulations for approval of ignition interlock
32	32	devices under subsection (a), the superintendent of the highway patrol
33	33	shall require that the manufacturer or the manufacturer's representatives
34	34	calibrate and maintain the devices at intervals not to exceed 60 days.
35	35	Calibration and maintenance shall include, but not be limited to: Physical
36	36	inspection of the device, the vehicle and wiring of the device to the vehicle
37	37	for signs of tampering; calibration of the device and downloading of all
38	38	data contained within the device's memory; and reporting of any violation
39	39	or noncompliance to the division and the highway patrol.
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76	76	(c) (1) If the highway patrol approves an ignition interlock device in
77	77	accordance with rules and regulations adopted under subsection (a), the
78	78	highway patrol shall give written notice of the approval to the
79	79	manufacturer of the device. Such notice shall be admissible in any civil or
80	80	criminal proceeding in this state.
81	81	(2) The manufacturer of an ignition interlock device shall reimburse
82	82	the highway patrol for any cost incurred in approving or disapproving such
83	83	device under this section.
84	84	(3) (A) The manufacturer of an ignition interlock device shall pay the
85	85	following fees to the highway patrol for the administration, oversight and
86	86	monitoring of the ignition interlock program:
87	87	(i) A one-time fee of $10 for each ignition interlock device installed
88	88	by the manufacturer in this state on and after July 1, 2024, counted and
89	89	remitted on a monthly basis; and
90	90	(ii) except as provided in paragraph (3)(B), a fee of $5 per month for
91	91	each ignition interlock device in use and maintained by the manufacturer
92	92	in this state, counted and remitted on a monthly basis.
93	93	(B) No fee described in paragraph (3)(A)(ii) shall be assessed or
94	94	remitted if the ignition interlock device is installed for and used by a
95	95	person who the division determines is eligible for reduced ignition
96	96	interlock device program costs pursuant to subsection (f).
97	97	(4) There is hereby established in the state treasury the IID fee
98	98	program fund. Such fund shall be administered by the superintendent of
99	99	the highway patrol. All expenditures from the IID fee program fund shall
100	100	be made in accordance with appropriation acts upon warrants of the
101	101	director of accounts and reports issued pursuant to vouchers approved by
102	102	the superintendent of the highway patrol or the superintendent of the
103	103	highway patrol's designee. All moneys received by the superintendent of
104	104	the highway patrol pursuant to this subsection shall be remitted to the
105	105	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
106	106	amendments thereto. Upon receipt of each such remittance, the state
107	107	treasurer shall deposit the entire amount in the state treasury to the credit
108	108	of the IID fee program fund. All moneys credited to the IID fee program
109	109	fund shall be used only for the purpose of funding the administration,
110	110	oversight and monitoring of the ignition interlock program.
111	111	(d) Neither the state nor any agency, officer or employee thereof shall
112	112	be liable in any civil or criminal proceeding arising out of the use of an
113	113	ignition interlock device approved under this section.
114	114	(e) All rules and regulations of the secretary of revenue adopted
115	115	pursuant to this section, prior to its amendment by this act, that are
116	116	described in subsection (a) and are in effect on June 30, 2022, shall be
117	117	deemed to be the rules and regulations of the superintendent of the
118	118	highway patrol and shall continue to be effective until amended, revoked
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162	162	or nullified pursuant to law.
163	163	(f) (1) Any person whose license is restricted to operating only a
164	164	motor vehicle with an ignition interlock device installed may request
165	165	reduced ignition interlock device program costs by submitting a request to
166	166	the division in a form and manner prescribed by the division. The division
167	167	shall review each request submitted pursuant to this subsection to
168	168	determine whether the person is eligible for reduced ignition interlock
169	169	device program costs. A person shall be eligible for reduced ignition
170	170	interlock device program costs if the:
171	171	(A) Person's annual household income is less than or equal to 150%
172	172	of the federal poverty level;
173	173	(B) person is enrolled in the food assistance, child care subsidy or
174	174	cash assistance program pursuant to K.S.A. 39-709, and amendments
175	175	thereto; or
176	176	(C) person is currently eligible for the low income energy assistance
177	177	program as determined by the department for children and families.
178	178	(2) If the division determines that the person is eligible for reduced
179	179	ignition interlock device program costs, the person shall be responsible for
180	180	paying 50% of the program costs. The manufacturer providing the person's
181	181	device shall adjust the manufacturer's charge for services accordingly.
182	182	(3) The secretary of revenue shall adopt rules and regulations prior to
183	183	March 1, 2023, establishing the requirements and guidelines for receiving
184	184	reduced ignition interlock device program costs pursuant to this
185	185	subsection.
186	186	(g) As used in this section, "federal poverty level" means the most
187	187	recent poverty income guidelines published in the calendar year by the
188	188	United States department of health and human services.
189	189	Sec. 2. K.S.A. 8-1016 is hereby repealed.
190	190	Sec. 3. This act shall take effect and be in force from and after its
191	191	publication in the statute book.
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