BILL ANALYSIS AND FISCAL IMPACT REPORT	Page 1 of  1

DATE: February 20, 2001	Submitted by: TAXATION AND REVENUE DEPT.       
	T. GLENN ELLINGTON, SECRETARY
BILL NUMBER:  SB-735

SPONSOR:  Senator Jennings

BILL SHORT TITLE:  Ignition Interlock Devices

CONFLICTS, DUPLICATES, COMPANIONS:  HB-381, SB-305, SB-306, SB-447 (duplicate)

DESCRIPTION:  This bill would require 1st conviction DWI offenders, should their sentence be suspended in whole or in part, be on probation for a period of from 1 year to 2 years (current law specifies 90 days to 1 year).

Current law allowing installation of an ignition interlock device as a condition of probation for 2nd and subsequent convictions is revised in the bill to apply to 1st convictions and to specify an ignition interlock device would be required for a period of 1 year as a condition of probation.  The device would be installed on the “vehicle primarily driven by the offender and any other motor vehicle the offender elects to designate, pursuant to rules adopted by the (traffic safety) bureau.” 

EFFECTIVE DATE:  July 1, 2001

FISCAL IMPACT:  No fiscal impact

ADMINISTRATIVE IMPACT:  No administrative impact on the department.

OTHER IMPACTS AND ISSUES:

•	The bill appears to allow the Traffic Safety Bureau to establish rules regarding what vehicles may be driven by 1st offenders during the year following their conviction.  Section 1, Subsection I (page 6, lines 14 through 16) requires an ignition interlock device be installed on “… any other motor vehicle the offender elects to designate, pursuant to rules adopted by the bureau.”

•	A driver can also lose his or her privileges to drive under an administrative revocation under Section 66-8-112, part of the Implied Consent Act.  Even though a person may be treated as a first-time DWI by the court, the Department may know that the person has had prior DWI convictions and revoke the license for a period of time including the period the court requires use of an ignition interlock.  This, to say the least, will deliver conflicting messages to the convictee.  

•	An ignition interlock device is required in order for a person convicted of a 2nd or 3rd offense to obtain a limited license to travel to work or school (Section 66-5-35, Subsection D).