§291E-5  Ignition interlock special fund;
surcharge; indigents.  [Section effective January 1, 2011.]  (a) 
There is established in the state treasury a special fund to be known as the
ignition interlock special fund to be administered by the director of transportation. 
The fund shall consist of amounts collected under this section and section
291E-6.  Moneys in the fund shall be expended by the director of transportation
to fund the cost of installing and operating ignition interlock devices in the
vehicles of persons who are required to install the device but who are indigent
persons, as determined under subsection (d).



(b)  Every person who installs an ignition
interlock device pursuant to this chapter shall pay the ignition interlock
device vendor a surcharge of
$           when the device
is installed.  The surcharge shall be remitted by the ignition interlock device
vendor to the director of transportation within ten days following the end of
the month in which the surcharge was collected.  The surcharges collected by
the vendor pursuant to this subsection shall not be subject to any tax, fee, or
other assessment, nor are they considered revenue of the vendor.  The director
of transportation shall deposit the surcharge amounts into the ignition interlock
special fund.



(c)  The cost of installing and operating
ignition interlock devices required by this chapter for indigent persons shall
be paid by the director of transportation from the ignition interlock special
fund.  Whether a person is an indigent person shall be determined pursuant to
subsection (d) by the director or the court, as appropriate.



(d)  For purposes of this section,
"indigent person" means:



(1)  Any individual whose income is not greater than
one hundred twenty-five per cent of the official poverty line established by
the Secretary of Health and Human Services under the Community Services Block
Grant Act, 42 United States Code Section 9902; or



(2)  Any individual who is eligible for free services
under the Older Americans Act or Developmentally Disabled Act.



(e)  The director of transportation shall adopt
rules pursuant to chapter 91 for the purposes of this section. [L 2008, c 171,
pt of §2; am L 2009, c 88, §§2, 13, 17(2)]



 



Note



 



  Subsection (b) printed as enacted.