Bill Text: MI HB6230 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Vehicles: equipment; collection of fees to fund the certification and inspection of ignition interlock devices; provide for. Amends sec. 625k of 1949 PA 300 (MCL 257.625k).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-22 - Bill Electronically Reproduced 09/16/2020 [HB6230 Detail]
Download: Michigan-2019-HB6230-Introduced.html
HOUSE BILL NO. 6230
September 16, 2020, Introduced by Rep. Sneller
and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 625k (MCL 257.625k), as amended by 2016 PA 32.
the people of the state of michigan enact:
Sec. 625k. (1) An ignition interlock device (BAIID)
manufacturer seeking certification of a device in this state shall do all of
the following:
(a) Complete an
application to the department for certification of the BAIID.
(b)
Pay all applicable fees assessed by the department under subsection (15).
(c)
(b) Submit a report from a department-approved or National
Highway Traffic Safety Administration-approved laboratory certifying that the
BAIID meets or exceeds the model specifications for BAIIDs, 78 FR 26849 – 26867
(May 8, 2013), or any subsequent version. Subject to subsection (5), the
department shall provide a list of all manufacturers of approved certified
devices to each person who is approved to be issued a restricted license that
permits the person to drive a vehicle only if equipped with a BAIID. The department
shall rotate the order of the providers with each list provided under this
subsection. Any model of an ignition interlock device certified by a
department-approved laboratory as complying with the model specifications for
breath alcohol ignition interlock devices (BAIIDs), 57 FR 11772-11787 (April 7,
1992), that was installed in a vehicle before the effective date of the amendatory act that added this
subdivision June 6, 2016 may
be used in this state for the 24 months
after the effective date of the amendatory act that added this subdivision.through June 6, 2018.
(d)
(c) Ensure that a BAIID is capable of recording a digital
image of the individual providing the sample, and record the time and date the
sample was provided on or logically associated with the digital image. A BAIID
presented to the department for certification may include additional
technological features, including, but not limited to, the ability to remotely
report information collected by the device.
(e)
(d) Agree to ensure proper record keeping in a format
approved by the department and provide testimony relating to any aspect of the
installation, service, repair, use, removal, or interpretation of any report or
information recorded in the data storage system of a device or performance of
any other duties required by this act at no cost on behalf of the this state or any political subdivision
of the this state.
(2) The secretary of
state shall promulgate rules to implement this section in compliance with the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) The manufacturer of
an ignition interlock device shall bear the cost of that device's
certification.
(4) A laboratory that
certifies an ignition interlock device as provided in this section shall immediately
notify the department of that certification.
(5) The department shall
not include the manufacturer of a certified ignition interlock device on the
list of manufacturers published under subsection (1) unless the manufacturer
complies with all of the following:
(a) The manufacturer has
filed copies of all of the following with the department:
(i) A bond executed as provided in section 625o or a letter of
credit.
(ii) Proof of
liability insurance issued by an insurance company authorized to do business in
this state specifying all of the following:
(A) That the policy is current and shall must remain valid during the duration of
device approval.
(B) The name and model number of the device model covered by
the policy.
(C) That the policy has a minimum coverage of $1,000,000.00
per occurrence and $3,000,000.00 in the aggregate.
(D) That the policy will indemnify the department and any
other person injured as a result of any defects in manufacture, materials,
design, calibration, installation, or operation of the device.
(iii) An affidavit that
the ignition interlock device meets or exceeds all of the following conditions:
(A) Meets the definition in section 20d.
(B) Is set to periodically take samples while the vehicle is
in operation. After the vehicle is in operation, the device requires a first
retest sample within 5 to 15 minutes of the operator starting the vehicle. The
device prompts second and subsequent retests within 15 to 45 minutes of the
first retest. The operator of the vehicle is afforded not more than 5 minutes
to provide a passing retest sample for each retest prompted by the device. The
device accepts multiple attempts to provide a retest sample without initiating
a lockout. If the device detects an alcohol content of 0.025 grams or more per
210 liters of breath in the person who offers a breath sample or if a breath
sample is not given within the allotted time the device does all of the
following:
(I) Emits a visible or audible warning signal.
(II) Renders the vehicle inoperable as soon as the vehicle is
no longer being operated, requiring the operator to provide a breath sample
containing a breath alcohol level of less than 0.025 grams per 210 liters of
breath before the vehicle may be restarted.
(III) Disables the free restart as defined by the National
Highway Traffic Safety Administration standards.
(IV) Activates a violation reset. The device initiates an
audible or visual cue that warns the driver that the device will enter a
permanent lockout in 5 days.
(b) Agrees to have service locations within 50 miles of any
location within this state. A manufacturer may request a waiver of this
requirement from the secretary of state if the manufacturer is unable to secure
an installation facility within 50 miles of any location in this state. Subject
to review, the secretary of state may determine whether the manufacturer's
waiver request shall be approved. The secretary of state shall only approve a
waiver of the 50-mile requirement and designate a location not meeting the
50-mile requirement as a service center if the service center employs a BAIID
certified installer who shall perform any installation or service to a BAIID at
that location. If the secretary of state approves a waiver of the 50-mile
requirement, that waiver applies only to the approved location. A manufacturer
shall make a separate request for a waiver of the 50-mile requirement for any
additional installation facility not meeting the 50-mile requirement.
(c) Agrees to provide an ignition interlock device without
cost to a person whose gross income for the immediately preceding tax year
based on his or her state income tax return was less than 150% of the official
poverty line for that same tax year established in the poverty guidelines
issued by the secretary of
health and human services United States Secretary of Health and Human Services under
42 USC 9902. A person in whose vehicle an ignition interlock device is
installed without cost under this subdivision shall pay a maintenance fee to
the installer of not more than $2.00 per day.
(d) Agrees to comply with the reporting requirements of the
secretary of state.
(e) Agrees to periodically monitor installed ignition
interlock devices and if monitoring indicates that the device has been
circumvented, tampered with, or that a person with a breath alcohol level of
0.025 or more grams per 210 liters of breath has attempted to operate the motor
vehicle, or both, to communicate all of the relevant information concerning
these facts to the secretary of state, and to the court if appropriate.
(6) A manufacturer that has made a filing under subsection
(5) shall immediately notify the department if the device no longer meets the
requirements of subsection (5).
(7) Upon the request of the department, the BAIID
manufacturer shall, at no cost to this state, provide the department with not
less than 2 BAIIDs for each model that is certified under this section for
demonstration and training purposes by the department.
(8) Upon the request of the department, the BAIID
manufacturer shall, at no cost to this state, install 1 of each device that is
certified under this section in a vehicle provided by the department. Any
service performed under this subsection, including, but not limited to,
installation, maintenance, calibration, or removal, shall must be completed at no cost to this state.
(9) Upon the request of the department, for each BAIID model
approved by the department, the BAIID manufacturer shall provide a total of not
less than 10 hours of training to department employees at no cost to this
state. This training shall must be held at the
times and locations within the state designated by the department. The training
shall must be designed to
familiarize department employees with the installation, operation, service,
repair, and removal of the BAIIDs and include the training and instructions
that a BAIID installer will give to customers. The BAIID manufacturer shall
also provide the department, upon request, with the following information:
(a) A detailed description of the device, including complete
instructions for installation, operation, service, repair, and removal of the
BAIID.
(b) Complete technical specifications, including detailed
explanations and definitions of all data log entries.
(10) A BAIID manufacturer shall notify the department not
less than 15 days before implementation of any modification, upgrade, or
alteration to any hardware, software, or firmware of a device certified for use
in this state. The notification shall must include both of the following:
(a) A description and explanation of the modification,
upgrade, or alteration and proof satisfactory to the department that these
modifications, upgrades, or alterations do not adversely affect the ability of
the device to satisfy the requirements of this section and section 625l.
(b) A comprehensive plan of action for the phasing out of the
use of the current device. This plan of action must be approved by the
department prior to the implementation of the plan of action.
(11) Any equipment in the possession of the department that
was retained for certification of the device shall must be modified, upgraded, or altered
simultaneously with the implementation of a plan of action under subsection
(10). The department, in its discretion, may retain a BAIID device regardless
of whether the device is no longer the current version or model of that device.
(12) Material modifications to a certified BAIID device may
require recertification under this section as determined by the department.
(13) A BAIID manufacturer shall apply to the department
annually for recertification of BAIID devices it manufactures.
(14) The department is responsible for approving BAIID
service centers for operation in this state. The department shall not approve a
BAIID service center unless all of the following conditions are satisfied:
(a) Only service centers that are BAIID manufacturer and
vendor approved shall install, service, or remove BAIIDs approved for use in
this state.
(b) Except as provided in subdivision (d), beginning July 1,
2016, a BAIID shall must only be installed,
serviced, or removed in a motor vehicle repair facility. As used in this
subdivision, "motor vehicle repair facility" means that term as
defined in section 2 of the motor vehicle service and repair act, 1974 PA 300,
MCL 257.1302.
(c) A service center shall be located in a fixed facility
within this state.
(d) A business that installs, services, or removes a BAIID,
including a BAIID manufacturer's corporate office located in this state, that
is installing, repairing, or removing BAIID devices on the effective date of the
amendatory act that amended this section June 6, 2016 may install, service, and remove
BAIIDs in this state without being certified as a motor vehicle repair facility
under the motor vehicle service and repair act, 1974 PA 300, MCL 257.1302 257.1301 to 257.1340,
if the business employs a certified BAIID installer to perform any
installation, service, or removal of a BAIID.
(e) Each service center shall have not less than 1 individual
who is a mechanic and who possesses a specialty certification in BAIID service
under section 10(1)(j) 10b(1)(l) of the motor vehicle service and repair act,
1974 PA 300, MCL 257.1310, 257.1310b, and holds a
BAIID certification under this section to work as a BAIID installer.
(f) Each service center shall maintain and make available for
inspection records that prove that each certified BAIID installer working at
the service center has been properly trained by the BAIID manufacturer to
service the BAIID for which the center is a vendor.
(g) Each service center shall provide a designated waiting
area for customers that is separate from the area in which BAIIDs are installed
or serviced.
(h) Only certified BAIID installers and representatives of
the BAIID manufacturer or the department shall be allowed to may observe the installation or removal of a
BAIID.
(i) Adequate security measures shall must be taken to ensure that unauthorized
personnel are not allowed access to proprietary materials of BAIID
manufacturers or files of customers.
(j) BAIID manufacturer service centers shall install,
maintain, service, and remove all BAIIDs handled by that service center and
perform any other services determined necessary by the department for using
those BAIIDs in this state.
(k) The BAIID manufacturer shall inform the department of a
change in its service center's business address 15 days prior to the date of
any relocation.
(l) BAIIDs approved
for use in this state shall must only be serviced
by service centers located within this state, unless the customer is unable to
return to this state for service because of a significant personal hardship.
(m) If a BAIID is serviced by a service center outside of
this state, the BAIID service provider shall ensure that all of the following
requirements are met:
(i) The BAIID
operates using the same firmware that is used for devices in this state.
(ii) The data recorded
by the BAIID remain intact on the device for later retrieval by a service
center in this state or the data are transferred to a BAIID manufacturer
database for review.
(n) Service centers shall make the addresses of their
locations available to the department.
(o) BAIIDs for use in this state shall must be installed and shall be removed
only in a service center approved by the department for installing that device
under this subsection.
(p) Each application for approval shall must be for a single service center. A
separate service center application is required for each additional service
center.
(q) Before issuance of approval, the department may require
an on-site evaluation to ensure compliance with the requirements of this
section and section 625l.
(r) The department's approval of a service center shall be is for a period of 1
year. The renewal process shall
must be
the same as the initial service center approval process under this section.
(15) The department may assess a nonrefundable, reasonable
application fee not to exceed $3,000.00 and shall assess administrative,
renewal, and other fees necessary to fund the certification and inspection of
ignition interlock devices. Fees collected by the department under this
subsection must be credited to the transportation administration collection
fund created under section 810b.
(16) (15) The department may conduct inspections of a
manufacturer or a BAIID service center to ensure compliance with this act and
rules promulgated to implement this act. The manufacturer shall pay for the
actual costs to the department in conducting an inspection under this
subsection. Costs under this
subsection must be paid by the transportation administration collection fund
created under section 810b.
(17) (16) An individual shall not install, service, or
remove a BAIID in this state without being certified by the department under
this section.
(18) (17) All BAIID installations shall must be done in a
workmanlike manner by a BAIID certified installer at an approved service center
and shall be in
accordance with the standards set forth in this section and with the
requirements of the manufacturer. All BAIIDs installed shall must be in working
order and shall perform
in accordance with the standards set forth in this act. All connections shall must be covered with a
tamper seal.
(19) (18) Upon completion of the installation of a BAIID
required under this act, the approved BAIID certified installer shall provide
the customer with installation verification in the form and format designated
by the department.
(20) (19) A manufacturer shall ensure that BAIID
certified installers meet the following requirements:
(a) Possess the appropriate certification from the department
under this section.
(b) Possess and maintain all necessary training and skills
required to install, examine, troubleshoot, and verify the proper operation of
BAIIDs.
(c) Possess the tools, test equipment, and manuals needed to
install, inspect, download, calibrate, repair, maintain, service, and remove
BAIID devices.
(d) Provide all persons who will use the vehicle with written
and hands-on training regarding the operation of a vehicle equipped with the
BAIID and ensure that each of those persons demonstrates a properly delivered
alveolar breath sample and an understanding of how the abort test feature
works.
(21) (20) An individual who has been convicted of an
alcohol-related driving offense or any offense classified as a felony in this
state or elsewhere within 5 years before the date of filing an application for
approval as a BAIID certified installer is not eligible for approval as a BAIID
certified installer under this act.
(22) An individual who has been convicted of an alcohol-related
driving offense or any offense classified as a felony in this state or
elsewhere within 5 years before the date of filing an application for approval
as a BAIID service center owner is not eligible for approval as a BAIID service
center owner under this act.
(23) (21) The following requirements apply to a BAIID
certified installer under this act:
(a) Be not less than 18 years of age.
(b) Possess a valid driver license.
(c) Be a motor vehicle mechanic as defined in section 2 of
the motor vehicle service and repair act, 1974 PA 300, MCL 257.1302, and
possess a specialty certification in BAIID service under section 10(1)(j) 10b(1)(l) of the motor vehicle service and repair act,
1974 PA 300, 257.1310.257.1310b.
(d) Be certified as a BAIID installer under this section.
(24) (22) To be certified as a BAIID installer under this
section, the individual shall meet all of the following requirements:
(a) Possess a specialty certification in BAIID installation
under section 10(1)(j) 10b(1)(l) of the motor vehicle service and repair act,
1974 PA 300, MCL 257.1310.257.1310b.
(b) Properly complete and file a BAIID installer application
form with the department.
(c) Beginning 180 days after the effective date of the amendatory act
that added this subdivision, December 3, 2016, be a mechanic who is
certified as a mechanic with a specialty certification in BAIID service under
section (10)(1)(j) 10b(1)(l) of the motor vehicle service and repair act,
1974 PA 300, MCL 257.1310, 257.1310b, and hold a
BAIID certification under this section.
(d) Submit a criminal history report certified by the
department of state police within the immediately preceding 30 days.
(e) Meet the requirements of the department for certification
under this act.
(25) (23) Each application for approval shall must be for a single
BAIID installer. A separate BAIID installer application is required for each
additional BAIID installer.
(26) (24) The department's approval of a BAIID installer
is for 1 year. The renewal process shall be is the same as the initial BAIID installer
approval process under this section.