HOUSE BILL No. 2222
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.
(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, 2025,
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 HOUSE BILL No. 2222—page 2
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 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. HOUSE BILL No. 2222—page 3
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.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.