§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 theignition interlock special fund to be administered by the director of transportation. The fund shall consist of amounts collected under this section and section291E-6.  Moneys in the fund shall be expended by the director of transportationto fund the cost of installing and operating ignition interlock devices in thevehicles of persons who are required to install the device but who are indigentpersons, as determined under subsection (d).

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

(c)  The cost of installing and operatingignition interlock devices required by this chapter for indigent persons shallbe paid by the director of transportation from the ignition interlock specialfund.  Whether a person is an indigent person shall be determined pursuant tosubsection (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 thanone hundred twenty-five per cent of the official poverty line established bythe Secretary of Health and Human Services under the Community Services BlockGrant Act, 42 United States Code Section 9902; or

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

(e)  The director of transportation shall adoptrules 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.