ARIZONA HOUSE OF REPRESENTATIVES

SB 1401: ignition interlock device; installer; manufacturer

PRIME SPONSOR: Senator Worsley, LD 25

BILL STATUS: Chaptered

Abstract

Relating to ignition interlock devices.

Provisions

1. Requires a manufacturer to report to ADOT in real time if a person fails to comply with IID's requirements including perform any set of three consecutive rolling retests that occur while operating the vehicle. (Sec. 2)

2. Specifies the notification sent to a parent or legal guardian of a minor's noncompliance relating to an IID is upon request. (Sec. 2)

3. Requires ADOT to extend an ignition interlock restricted or limited driver license for six months if the person fail to properly perform any set of rolling retests. (Sec. 2)

4. Prohibits the assistant director of MVD from certifying an IID unless:

a. The IID is repaired or modified only by the manufacturer; and

b. The IID's reporting requirements originate from the device manufacturer. (Sec. 3)

5. Requires the manufacturer, rather than the device's service provider, to notify ADOT that an IID has been removed from a vehicle. (Sec. 4)

6. Removes the requirement that the Director adopt rules to terminate an ignition interlock service provider's contract. (Sec. 5)

7. Requires the application for authorization for an ignition interlock service provider to be summitted by the manufacturer. (Sec. 6)

8. Decreases the number of days an applicant may submit a written request for a hearing relating to a denied application from 30 to 15 days. (Sec. 6)

9. Removes the requirement that an ignition service provider to have at least one readily accessible service center in each county, a sufficient number of service locations in each county and designated population centers.

a. Requires an ignition interlock service provider have at least one service center in each county. (Sec. 6)

10. Removes the requirement for ADOT to establish designated population areas and the number of locations required for a sufficient number of readily accessible service centers. (Sec. 6)

11. Defines rolling retest as a breath alcohol test that is required after the motor vehicle is started and is in addition to the initial test when the vehicle is started. (Sec. 1)

12. Redefines manufacturer to include an organization based in the US that designs, constructs or produces an IID. (Sec. 1)

13. Defines circumvent or circumvention relating to false operation of an IID. (Sec. 1)

14. Modifies the definitions of tampering and technician. (Sec. 1)

15. Contains a retroactive effective date of June 30, 2018. (Sec. 7)

16. Makes technical and conforming changes. (Sec. 1-2, 6)

Current Law

An IID is a device based on alcohol specific electrochemical fuel sensor technology that connects a breath analyzer to a motor vehicle's ignition system, constantly available to monitor the concentration by weight of alcohol in the breath of a person attempting to start the motor vehicle (A.R.S. § 28-1301).

After an arrest for driving under the influence the court may order a person to equip any motor vehicle the person operates with a certified IID (A.R.S. § 28-1381). The Director is required to adopt rules for the administration and enforcement of certifying and decertifying IIDs (A.R.S. § 28-1465).  The IID service provider is required to transmit a record of circumstances of noncompliance to ADOT daily which include: 1) tampering or circumvention of the IID; 2) failure to provide prescribed proof of compliance or inspection of the IID; and 3) any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit (A.R.S. § 28-1461).

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Fifty-third Legislature                  SB 1401

Second Regular Session                               Version 4: Chaptered

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