Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SB82 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Archana D. Cadge.
DIGEST
SB 82 Reengrossed 2023 Regular Session	Fesi
Proposed law provides the Department of Public Safety and Corrections, office of state police
promulgate rules and regulations to establish and monitor compliance with an ignition interlock
affordability plan for individuals that demonstrate economic hardship who are required to install an
ignition interlock device.
Proposed law establishes requirements and provides for payment for individuals who qualify for the
"affordability plan" with economic hardship designation.
Proposed law provides an ignition interlock manufacturer or ignition interlock service center shall
not refuse service to an individual that has demonstrated eligibility for the affordability plan.
Proposed law further provides an individual who has been refused service, may file a complaint with
the Department of Public Safety and Corrections, office of state police, applied technology unit and
establishes the requirements for the investigation and appeal by an ignition interlock manufacturer
or ignition interlock service center. Proposed law regarding complaints for refusal of service are
effective August 1, 2024.
Proposed law makes technical changes. 
Present law provides credit toward suspension time or any reinstatement requirement not be given
if the manufacturer reports to the Department of Public Safety and Corrections that any combination
or a repeat of two of eight listed violations have occurred in a one-month period.
Proposed law changes the requirements for credit toward suspension from a combination or a repeat
of two of eight listed violations, to only one of the eight violations and the occurrence does not have
to be a repeat violation.
Proposed law provides upon notice of a violation, the Department of Public Safety and Corrections
is required to extend the period the ignition interlock device by an additional six months and further
restrict the driver's license. 
Present law provides any licensee who has had his license suspended for operating a motor vehicle,
under the influence of alcoholic beverages is eligible to apply for a restricted driver's license after
a period of twelve months and proof the motor vehicle has been equipped with an ignition interlock
device. Proposed law changes the period of eligibility for restricted license from proof the vehicle
has been equipped with an interlocking device and a period of twelve months to no waiting period.
Proposed law provides that proposed law shall be known and cited as the "Bowling, Coss, and
Dufrene Drunk Driving Prevention Act". Effective August 1, 2023.
(Amends R.S. 32:378.2(H) and (M)(2), and 414(A)(1)(c)(ii) and (D)(1)(b), 667(B)(1)(b); adds R.S.
15:307.1 and R.S. 32:378.2(O))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Provides for an effective date for implementation by state police regarding
complaints for refusal of service.
2. Provides for the Act to be known and cited as the "Bowling, Coss, and Dufrene
Drunk Driving Prevention Act".
Senate Floor Amendments to engrossed bill
1. Removes criminal penalty of ignition interlock for driving while intoxicated. 
2. Removes changes to times periods driver is required to have an ignition interlock
device.
3. Clarifies the violations in which the department shall extend the period the ignition
interlock device is required by an additional six months.
4. Removes penalties for first and second offenses for restrictions on driver's license.