SB 255 (BR 299) - W. Westerfield

     AN ACT relating to ignition interlock devices.
     Amend KRS 186.570 to allow the Transportation Cabinet to address violations related to the issuance of an ignition interlock license and installation of an ignition interlock device and to promulgate administrative regulations to address out-of-state interlock ignition orders for residents and nonresidents; amend KRS 189A.005 to make technical corrections; amend KRS 189.070 to require that persons charged with a violation of KRS 189A.010 which includes aggravating circumstances, or who have refused a breath, blood, or urine test, may only receive day-for-day credit for a valid interlock license after conviction; create a new section of KRS Chapter 189A to allow any person charged with violating KRS 189A.010(1)(a), (b), (e), or (f) or who refused a breath, blood, or urine test to apply to the Transportation Cabinet for an ignition interlock license; delete the requirement that certain offenses require court approval to apply for an ignition interlock license; amend KRS 189A.085 to require proof of issuance of an ignition interlock license to avoid impoundment of a defendant’s license plate; create a new section of KRS Chapter 189A to state that an employer exemption for an ignition interlock device allows the person to operate his or her employer's non-ignition interlock equipped motor vehicle in the course and scope of employment if the business entity that owns the motor vehicle is not owned or controlled by the person; create a new section of KRS Chapter 189A to provide that within thirty days of issuance of an ignition interlock license, a person must have a functioning ignition interlock device installed in his or her vehicle; amend KRS 189A.090 to make technical corrections to allow the court to revoke an ignition interlock or hardship license if the person has been convicted of a violation under KRS Chapter 189 for which points are assessed by the Transportation Cabinet or of certain offenses under KRS Chapter 189A; amend KRS 189A.105 to require that at the time of a breath, blood, or urine test a person shall be informed that he or she will have to the ability to apply for an ignition interlock license; amend KRS 189A.107 to allow a person who refuses a breath, blood, or urine test to apply for an ignition interlock license if the person files a motion waiving the right to judicial review and to receive credit on a day-for-day basis after conviction; provide that a person who was not convicted of a violation of KRS 189A.010 but found by the court to have refused to submit to testing may receive credit on a day-for-day basis; amend KRS 189A.200 to revise procedure for issuance of an ignition interlock license during a suspension period for refusal to take a breath, blood, or urine test and other violations of KRS 189A.010; amend KRS 189A.240 to amend procedures related to issuance of an ignition interlock license during a pretrial suspension under KRS 189A.200(1)(a); amend KRS 189A.320 to make a technical correction; amend KRS 189A.400 to revise jurisdictional requirements of the District Court related to the issuance of ignition interlock licenses; amend KRS 189A.410 to revise eligibility requirements for issuance of a hardship driver’s license after a minimum license suspension period under KRS 189A.010(6) or KRS 189A.070; amend KRS 189A.500 to require the Transportation Cabinet to create a process by which a person may seek administrative review by the cabinet related to ignition interlock devices; repeal KRS 189A.340, 189A.345, 189A.420, and 189A.440, relating to ignition interlock devices.