First Regular Session H.B. 2005
PROPOSED
SENATE AMENDMENTS TO H.B. 2005
(Reference to the proposed Livingston s/e amendment dated 3/25/19; 3:16 p.m.)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 28-1402, Arizona Revised Statutes, is amended to read:
28-1402. Issuance of special ignition interlock restricted driver license; definition
A. On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28‑1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28‑1381 or 28‑1382 or a first violation of section 28‑1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only under the restrictions described in section 28‑144.
B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.
C. Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license.
D. Except in cases of a substantial emergency, a person who is issued a special ignition interlock restricted driver license may not operate a motor vehicle for a purpose that is not authorized by section 28‑144 and this section.
E. For the purposes of this section, "substantial emergency" has the same meaning prescribed in section 28‑1464.
Sec. 2. Section 28-1461, Arizona Revised Statutes, is amended to read:
28-1461. Use of certified ignition interlock devices; reporting
A. If a person's driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402:
1. The person shall:
(a) Pay the costs for installation and maintenance of the certified ignition interlock device.
(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.
(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
(d) Provide proof of calibration of the certified ignition interlock device to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
2. The department shall not reinstate the person's driving privilege or issue a special ignition interlock restricted driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.
B. While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, the ignition interlock manufacturer shall electronically provide to the department in real time and in a form prescribed by the department the following information:
1. Any tampering or circumvention.
2. Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.
3. Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28‑1381, subsection G, paragraph 3 or, if the person is under twenty‑one years of age, any attempt to operate the vehicle with any spirituous liquor in the person's body.
4. Each time that a person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
5. Each event that the person operates the motor vehicle in violation of a restriction placed on the person's privilege to drive pursuant to section 28‑1402. For the purposes of this paragraph, "event" means the location of the motor vehicle when the motor vehicle's ignition is started and the motor vehicle departs from a location or the motor vehicle arrives at a destination and the motor vehicle's ignition is turned off.
C. The following are exempt from the event reporting required by subsection B, paragraph 5 of this section:
1. Pursuant to section 28‑144, subsection A, paragraph 1, The operation of a motor vehicle during any specified periods of time while at a place of employment if, at the time of the installation of the certified ignition interlock device, the person whose privilege to drive is restricted pursuant to section 28‑1402 provides the ignition interlock manufacturer with the name and address of the person's employer, the type of employment, the general hours of employment and the times and days that the person commutes to the employment. The person shall notify the ignition interlock manufacturer if there is a change to any of the employment information that was provided to the manufacturer at the time of installation.
2. Pursuant to section 28‑144, subsection A, paragraph 7, the operation of a motor vehicle for the purpose of parenting time, as defined in section 25‑401, if, at the time of the installation of the certified ignition interlock device, the person whose privilege to drive is restricted pursuant to section 28‑1402 provides the ignition interlock manufacturer with the address of the dependent child and the dates and times for the parenting time. The person shall notify the ignition interlock manufacturer if there is a change to any of the parenting time information that was provided to the manufacturer at the time of installation.
3. Any other time that the person is authorized to drive pursuant to section 28‑144, subsection A, if the person whose privilege to drive is restricted pursuant to section 28‑1402 provides the ignition interlock manufacturer with the times and locations that the person is authorized to drive and any updates if that information changes.
D. The department may request an ignition interlock manufacturer to provide the department with an audit of A person's use of a motor vehicle for any person who is issued a special ignition interlock restricted driver license pursuant to section 28‑1402 or may request random sample reporting.
C. E. If the person is under eighteen years of age, the ignition interlock service provider, if requested by the person's parent or legal guardian, shall provide to the person's parent or legal guardian the information prescribed in subsection B of this section.
D. F. On request, the ignition interlock manufacturer shall provide the information prescribed in subsection B of this section to:
1. The department of health services authorized provider.
2. The probation department that is providing alcohol or other drug screening, education or treatment to the person.
3. The physician, psychologist or substance abuse counselor who is evaluating the person's ability to safely operate a motor vehicle following a revocation of the person's driving privilege as prescribed in section 28‑3315, subsection D.
4. The court.
E. G. The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the department has reasonable grounds to believe that any of the following applies:
1. The person tampered with or circumvented the certified ignition interlock device.
2. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28‑1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.
3. If the person is under twenty‑one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.
4. The person failed to provide proof of compliance or inspection as prescribed in this section.
5. The person attempts to operate the vehicle with an alcohol concentration of 0.08 or more during a six month extension pursuant to this subsection.
6. The person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
F. H. If the special ignition interlock restricted license is extended pursuant to subsection E G of this section, the limitations prescribed in sections 28‑1381, 28‑1382, 28‑1383 and 28‑3319 do not begin until the restrictive period of the license ends.
G. I. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383, 28‑1385 or 28‑3319 or restricted pursuant to section 28‑1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device. Unless the person is convicted of a second or subsequent violation of section 28‑1381, 28‑1382 or 28‑1383, the notation may not include any mark, color change or other notation or indication on the person's physical driver license.
H. J. Proof of compliance does not include a skipped or missed random sample if the motor vehicle's ignition is off at the time of the skipped or missed sample.
K. The department, in making a determination to extend a special ignition interlock restricted driver license pursuant to subsection G of this section, may take into account whether the person operated the motor vehicle in violation of a restriction placed on the person's privilege to drive pursuant to section 28‑1402."
Renumber to conform
Page 4, between lines 21 and 22, insert:
"Sec. 5. Effective date
Sections 28-1402 and 28-1461, as amended by this act, are effective from and after June 30, 2020."
Amend title to conform