Session of 2024
SENATE BILL No. 493
By Committee on Judiciary
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AN ACT concerning driving; relating to ignition interlock devices;
requiring manufacturers of such devices to pay fees to the highway
patrol for the administration of the ignition interlock program; creating
the IID fee program fund; amending K.S.A. 8-1016 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-1016 is hereby amended to read as follows: 8-
1016. (a) The superintendent of the highway patrol may adopt rules and
regulations for:
(1) The approval by the highway patrol of models and classes of
ignition interlock devices suitable for use by persons whose driving
privileges have been restricted to driving a vehicle equipped with such a
device;
(2) the calibration and maintenance of such devices, which shall be
the responsibility of the manufacturer;
(3) ensuring that each manufacturer provides a reasonable statewide
service network where such devices may be obtained, repaired, replaced or
serviced and such service network can be accessed 24 hours per day
through a toll-free phone service;
(4) the requirements for proper use and maintenance of a certified
ignition interlock device by a person during any time period the person's
license is restricted by the division to only operating a motor vehicle with
an ignition interlock device installed; and
(5) the reporting requirements for the manufacturer to the division
and the highway patrol relating to a person's proper use and maintenance
of a certified ignition interlock device.
(b) In adopting rules and regulations for approval of ignition interlock
devices under subsection (a), the superintendent of the highway patrol
shall require that the manufacturer or the manufacturer's representatives
calibrate and maintain the devices at intervals not to exceed 60 days.
Calibration and maintenance shall include, but not be limited to: Physical
inspection of the device, the vehicle and wiring of the device to the vehicle
for signs of tampering; calibration of the device and downloading of all
data contained within the device's memory; and reporting of any violation
or noncompliance to the division and the highway patrol.
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(c) (1) If the highway patrol approves an ignition interlock device in
accordance with rules and regulations adopted under subsection (a), the
highway patrol shall give written notice of the approval to the
manufacturer of the device. Such notice shall be admissible in any civil or
criminal proceeding in this state.
(2) The manufacturer of an ignition interlock device shall reimburse
the highway patrol for any cost incurred in approving or disapproving such
device under this section.
(3) (A) The manufacturer of an ignition interlock device shall pay the
following fees to the highway patrol for the administration, oversight and
monitoring of the ignition interlock program:
(i) A one-time fee of $10 for each ignition interlock device installed
by the manufacturer in this state on and after July 1, 2024, counted and
remitted on a monthly basis; and
(ii) except as provided in paragraph (3)(B), a fee of $5 per month for
each ignition interlock device in use and maintained by the manufacturer
in this state, counted and remitted on a monthly basis.
(B) No fee described in paragraph (3)(A)(ii) shall be assessed or
remitted if the ignition interlock device is installed for and used by a
person who the division determines is eligible for reduced ignition
interlock device program costs pursuant to subsection (f).
(4) There is hereby established in the state treasury the IID fee
program fund. Such fund shall be administered by the superintendent of
the highway patrol. All expenditures from the IID fee program fund shall
be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the superintendent of the highway patrol or the superintendent of the
highway patrol's designee. All moneys received by the superintendent of
the highway patrol pursuant to this subsection shall be remitted to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the IID fee program fund. All moneys credited to the IID fee program
fund shall be used only for the purpose of funding the administration,
oversight and monitoring of the ignition interlock program.
(d) Neither the state nor any agency, officer or employee thereof shall
be liable in any civil or criminal proceeding arising out of the use of an
ignition interlock device approved under this section.
(e) All rules and regulations of the secretary of revenue adopted
pursuant to this section, prior to its amendment by this act, that are
described in subsection (a) and are in effect on June 30, 2022, shall be
deemed to be the rules and regulations of the superintendent of the
highway patrol and shall continue to be effective until amended, revoked
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or nullified pursuant to law.
(f) (1) Any person whose license is restricted to operating only a
motor vehicle with an ignition interlock device installed may request
reduced ignition interlock device program costs by submitting a request to
the division in a form and manner prescribed by the division. The division
shall review each request submitted pursuant to this subsection to
determine whether the person is eligible for reduced ignition interlock
device program costs. A person shall be eligible for reduced ignition
interlock device program costs if the:
(A) Person's annual household income is less than or equal to 150%
of the federal poverty level;
(B) person is enrolled in the food assistance, child care subsidy or
cash assistance program pursuant to K.S.A. 39-709, and amendments
thereto; or
(C) person is currently eligible for the low income energy assistance
program as determined by the department for children and families.
(2) If the division determines that the person is eligible for reduced
ignition interlock device program costs, the person shall be responsible for
paying 50% of the program costs. The manufacturer providing the person's
device shall adjust the manufacturer's charge for services accordingly.
(3) The secretary of revenue shall adopt rules and regulations prior to
March 1, 2023, establishing the requirements and guidelines for receiving
reduced ignition interlock device program costs pursuant to this
subsection.
(g) As used in this section, "federal poverty level" means the most
recent poverty income guidelines published in the calendar year by the
United States department of health and human services.
Sec. 2. K.S.A. 8-1016 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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