SB 1927

This bill creates an intelligent speed assistance program ("program"") under the department of safety (""department""). The department may require the installation and use of an intelligent speed assistance device (""device"") for those who qualify for a dev ice usage period, which is a 365 consecutive-day period or the entire period of the person's driver license suspension or revocation, whichever is longer. An individual who qualifies for the program is not able to obtain another unrestricted driver licen se or photo identification license until the individual successfully completes such usage period. This bill requires the department to establish procedures for notifying speeding offenders of device requirements, verifying installation and functionality of devices, and monitoring compliance and responding to violations. However, this bill only appli es to violations occurring on or after January 1, 2027. QUALIFICATIONS AND COMPLIANCE FOR OFFENDERS In order for an individual to be qualified for the program, this bill requires the individual to be a speeding offender (""offender""), which is defined as a person who meets any of the following criteria: (1) Whose driver license has been revoked due to conviction, or forfeiture of bail not vacated, upon two charges of reckless driving committed within a 12-month period where speed was a factor in each violation. (2) Whose driver license has been revoked due to a conviction for reckless endangerment by vehicle where speed was a factor. (3) Whose driver license has been revoked for drag racing. (4) Whose driver license has been suspended or revoked due to frequent convictions for excessive speeding or moving traffic violations where speed was a factor. (5) Who is 18 or older and whose driver license has been suspended due to a conviction for excessive speeding that contributed to the accumulation of 12 or more points within a twelve-month period. (6) Who is less than 18 and whose driver license has been due to a conviction for excessive speeding that contributed to the accumulation of six or more points within a 12-month period. Upon application for a restricted license by an offender who is not otherwise prohibited from having a restricted license, this bill requires the court to order the installation and use of a device for the device usage period. The consecutive-day requir ement must commence on the date of device installation, if the offender applies for the offender's restricted license within 10 days of the issuance of a court order authorizing a restricted license. If the offender does not have a court order or does no t apply within 10 days, then the device usage period must commence on the date of issuance of the driver license with device restrictions. This bill prohibits the department from reinstating a driver license to an offender who did not apply for a restricted driver license during the period of license suspension or revocation until the offender shows the department proof of a current device installation. Upon proof being shown and the driver license reinstated with device restrictions, the device usage period must commence on the date the license is reinstated and must continue for the full device usage period that matches the offender's li ce nse suspension or revocation period until compliance has been established. COSTS ASSOCIATED WITH USING THE DEVICE This bill requires a person who must only operate a motor vehicle that is equipped with a device to pay all costs associated with leasing, installing, removing, monitoring, and maintaining the device, unless the person is indigent and qualifies to apply f or assistance. The procedural provisions and restrictions of ignition interlock devices under current law and indigency provisions in current law apply when an offender is required to only operate a motor vehicle that is equipped with a device. PROHIBITED CONDUCT In order for an individual to be in compliance, this bill prohibits the offender from engaging in any of the following conduct:  Tampering with, or circumventing, the device or any components of the device.  Removing or causing the removal of the device, except for necessary maintenance, replacement, or repair as determined by the department.  Having, directing, authorizing, or requesting another person to tamper with, or circumvent, the device or any components of the device.  Operating a motor vehicle that is not equipped with a device.  Failing to appear at the device provider (""provider"") for monitoring or inspection.  Failing to return the device to the provider upon program completion. This bill requires the offender to maintain the device in working order throughout the device usage period. Failure to comply results in the extension of the device usage period by 120 days during which the offender must remain in compliance in order to avoid an additional extension. TOLLING PERIOD The provisions under this heading concerning a tolling period apply to an offender required to have a device installed on the offender's vehicle when that vehicle is unable to be operated due to either:  Damage from an accident or other uncontrollable circumstance where the speed of the offender's vehicle was not a proximate cause.  Repairs based on normal wear and tear of the vehicle or due to a recall. This bill authorizes an offender to request for the department to toll the required consecutive device usage period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the provider that the v ehicle was inoperable as the result of the vehicle being involved in a traffic crash, the vehicle being repaired, or another uncontrollable circumstance through no fault of the offender. If the vehicle was in an accident and a law enforcement agency issu ed a crash report, the crash report must be submitted to the provider. Other proof may include:  A written statement from the insurance company regarding repairs.  A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs.  Other documentation acceptable to the department. This bill requires the provider to forward the request and documentation to the department within five business days of receipt. The department must notify the offender and the provider in writing, if the tolling period has been granted or denied, and, i f denied, the reason for the denial. If granted, a tolling period is for 30 days. At the end of the 30-day period, if the vehicle is still unable to be operated and the offender cannot have a device installed on a different vehicle, then the offender mu st submit additional proof to the department showing such circumstances. The department must notify the offender and the provider in writing, if any additional toll period has been granted or denied, and, if denied, the reason for the denial. At the end o f any 30-day tolling period, if a new request has not been submitted and granted, then the device usage period resumes with the offender being required to maintain a device for the period of time that was remaining on the day the tolling period began. This bill clarifies that the tolling period described in this heading does not relieve an offender from the requirement to only operate a vehicle that is equipped with a device. This bill authorizes an offender aggrieved by the denial of a request to have the device usage period tolled, within 10 business days of the date of the denial, to request a review by the commissioner of safety or the commissioner's designee. The reques t for review must include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the offender believes the denial was incorrect. The commissioner or the commissioner's designee must, within 1 0 business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the offender. The request for review stays the continuation of the device usage period until such ruling is issued. An offender may also appeal such ruling. AUTHORIZED REMOVAL OF DEVICES FOR OFFENDERS Once completion of the device usage period has occurred, this bill requires the offender to take the motor vehicle to a provider for a final download of the offender's data file and a determination as to whether the offender has successfully completed th e device usage period without a violation. The authorized removal of a device that is required must be compliance-based. The provider must send the data file to the department within two business days. If the offender has successfully completed the dev ic e usage period without a violation, then the provider must issue a compliance determination form to the offender. If the offender has not successfully completed the device usage period without a violation, then the provider must notify the offender of no ncompliance and the resulting extension of the device requirement on the compliance determination form. The provider must use the compliance determination form published by the department. If the provider issues a certificate of compliance, then this bill requires the department to issue a device removal form authorizing the removal of the device restrictions from the offender's driver license and the removal of the device. Offenders may take the removal form to a driver services center and apply for the removal of the device requirements and reinstatement of the offender's driver license or the issuance of a photo identification license. When removing a device, a provider may in good fa it h rely on an offender's device removal form that removal of the device is lawful. If the offender meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license. If the provider notifies the offender that the provider's records indicate the offender has not complied with the conditions during the required periods, then this bill authorizes the offender to either accept the extension of the device requirement or r equest that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the offender. If the provider confirms the finding of noncompliance, then the offender may either accept the extension of the device requirem en t or request an administrative compliance review by the department. This bill authorizes an offender who has had the offender's device usage period extended by a provider to request, in writing, an administrative compliance review by the department. Any evidence of compliance the offender intends to present to the depar tment must be included with the written request. The department must review the request, including any evidence provided by the offender and the records provided by the provider, within 30 days of receiving the request. Following the department's review, the department must notify the offender and the provider of the department's determination in writing. If the department determines that the offender was in compliance, then the department must issue a device removal form. If the department determines t hat the offender was not in compliance for the required periods, then the department must inform the offender of the determination in writing. The offender may seek judicial review of the department's administrative compliance review determination. PROGRAM RULES AND ADMINISTRATIVE REVIEW FOR PROVIDERS This bill requires the department to establish procedures for verifying the installation and functionality of devices, and monitoring compliance and responding to violations. The department must also establish the requirements for each device services l icense category for a manufacturer, service center, technician, or subcontractor. A manufacturer, service center, technician, or subcontractor must apply to be licensed by the department in order to operate and provide compliance-based devices in this st at e. The application must be on a form published by the department and must be accompanied by the fee set by the department. The department may impose an initial application fee not to exceed $250 and a renewal application fee not to exceed $150. Fees pa id must only be used to fund the device program within the department. If an applicant meets the requirements for the license type for which the applicant applied, then the department must issue the applicant a license valid for one year. This bill requires a provider to charge to, and collect from, each offender required to use a device an annual administrative fee of $12.50. The proceeds of the fee must be transmitted to the department and be used to fund the administrative costs of im plementing compliance-based device use. This bill also requires a provider to report to the department any evidence of the offender's (i) tampering with, circumventing, or removing a device or its components; and (ii) failure to abide by the terms or conditions ordered by the court, including failing to appear for scheduled monitoring or inspection visits. This bill authorizes the department to temporarily suspend or permanently revoke a license, either in whole or in part, of a licensee who violates the rules made by the department. Temporary suspension or permanent revocation may include prohibiting the licensee from performing new installations of devices, and opening any new service centers. If a license is permanently revoked, then the department may require the licensee to pay for the licensee's existing customers to transition to a new device. This bill authorizes an individual or entity to seek administrative review of the department's denial of an initial application, denial of a renewal application, temporary suspension, or permanent revocation. In order to seek administrative review under this bill, the individual or entity must submit the request for review in writing to the department. The request for review must include the individual's or entity's reasoning for the request and supporting documentation. The department must forward th e request to the colonel of the highway patrol or the colonel's designee for review and a final determination. The colonel or the colonel's designee must review the department's records regarding the individual or entity and the supporting documentation pr ovided by the individual or entity, and render a determination in writing within 30 business days of the department's receipt of the request. Following the determination, the individual or entity may seek judicial review of the decision. LIABILITY This bill provides that a manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of a device. However, a manufacturer, distributor, or retailer of a motor vehicle is liable if the manufacturer, distributor, o r retailer knowingly engages in a repair or update to the device and the repair or update proximately causes loss, injury, or damage. This bill does not require a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or of fe r for sale a motor vehicle that includes or is compatible with a device. This bill also does not prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that a device has been installed on a mot or vehicle that is subject to a lease or finance agreement. REPORTING Beginning February 1, 2028, and on or before February 1 annually thereafter, this bill requires the department to report in writing to the transportation and safety committee of the senate and the committee of the house of representatives having jurisdic tion over transportation matters the number of offenders who have, in the previous year, had installed on their motor vehicles devices, and which circumstance required the use of each device. The department must also include in the report a summary of re ci divism rates and device user compliance. CONFIDENTIALITY This bill provides that all documents, records, identifying information, monitoring data or results, and other information recorded, collected, maintained, transmitted, or stored by a provider about or concerning an offender is confidential and not avail able for public inspection. All such information must remain confidential when it is transmitted, electronically or otherwise, maintained and stored, examined, or used by a monitoring authority. Only authorized employees of a provider or monitoring auth or ity may view any document made confidential by this paragraph."