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H.B. 200
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IGNITION INTERLOCK AMENDMENTS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: A. Lamont Tyler
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This act modifies the Motor Vehicles Code to exclude DUI offenders whose offense involves
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drugs other than alcohol from ignition interlock restrictions. This act requires providers to
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cover the ignition interlock costs of impecunious offenders and clarifies ignition interlock
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restriction criminal violations.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-6-44.7, as last amended by Chapter 334, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6-44.7
is amended to read:
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41-6-44.7. Ignition interlock devices -- Use -- Probationer to pay cost --
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Impecuniosity -- Fee.
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(1) As used in this section:
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(a) "Commissioner" means the commissioner of the Department of Public Safety.
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(b) "Ignition interlock system" or "system" means a constant monitoring device or any
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similar device certified by the commissioner that prevents a motor vehicle from being started
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without first determining the driver's breath alcohol concentration.
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(c) "Probation provider" means the supervisor and monitor of the ignition interlock system
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required as a condition of probation or as otherwise ordered by the court who contracts with the
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court in accordance with Subsections
41-6-44
(14)(b) and (c).
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(2) (a) In addition to any other penalties imposed under Section
41-6-44
, and in addition
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to any requirements imposed as a condition of probation, the court may require that any person
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who is convicted of violating Section
41-6-44
and who is granted probation may not operate a
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motor vehicle during the period of probation unless that motor vehicle is equipped with a
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functioning, certified ignition interlock system installed and calibrated so that the motor vehicle
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will not start if the operator's blood alcohol concentration exceeds a level ordered by the court.
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(b) If a person convicted of violating Section
41-6-44
was under the age of 21 when the
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violation occurred, the court shall order the installation of the ignition interlock system as a
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condition of probation.
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(c) (i) If a person is convicted of a violation of Section
41-6-44
within six years of a prior
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conviction of that section, the court shall order the installation of the ignition interlock system, at
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the person's expense, for all motor vehicles registered to that person and all motor vehicles
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operated by that person for three years from the date of conviction.
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(ii) The division shall post the ignition interlock restriction on the electronic record
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available to law enforcement.
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(d) This section does not apply to a person convicted of a violation of Section
41-6-44
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whose violation involves drugs other than alcohol.
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(3) Except as provided in Subsection (2)(c), if the court imposes the use of an ignition
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interlock system as a condition of probation, the court shall:
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(a) stipulate on the record the requirement for and the period of the use of an ignition
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interlock system;
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(b) order that an ignition interlock system be installed on each motor vehicle owned or
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operated by the probationer, at the probationer's expense;
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(c) order the probationer to submit his driver license to the Driver License Division in
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accordance with Subsection (5);
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(d) immediately notify the Driver License Division and the person's probation provider of
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the order; and
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(e) require the probationer to provide proof of compliance with the court's order to the
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probation provider within 30 days of the order.
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(4) (a) The probationer shall provide timely proof of installation within 30 days of an order
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imposing the use of a system or show cause why the order was not complied with to the court or
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to the probationer's probation provider.
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(b) The probation provider shall notify the court of failure to comply under Subsection
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(4)(a).
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(c) For failure to comply under Subsection (4)(a) or upon receiving the notification under
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Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer's
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driving privileges for the remaining period during which the compliance was imposed.
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(d) Cause for failure to comply means any reason the court finds sufficiently justifiable to
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excuse the probationer's failure to comply with the court's order.
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(5) (a) If use of an ignition interlock system is required under this section, the division may
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not issue, reinstate, or renew the driver license of that person unless that requirement is coded on
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the person's driver license.
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(b) (i) If the division receives a notice that a person with a valid driver license that does
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not require a driver license withdrawal is required to use an ignition interlock system, the division
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shall notify the person that he has ten calendar days to apply to the division for an ignition
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interlock system requirement coded on the license.
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(ii) The division shall suspend the driver license of the person after the ten-day period until
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the person applies to the division for an ignition interlock system requirement coded on the license.
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(6) (a) Any probationer required to install an ignition interlock system shall have the
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system monitored by the manufacturer or dealer of the system for proper use and accuracy at least
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semiannually and more frequently as the court may order.
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(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the court
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or the person's probation provider.
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(ii) The report shall be issued within 14 days following each monitoring.
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(7) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
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reasonable costs of leasing or buying and installing and maintaining the system.
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(b) A probationer may not be excluded from this section for inability to pay the costs,
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unless:
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(i) the probationer files an affidavit of impecuniosity; and
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(ii) the court enters a finding that the probationer is impecunious.
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(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer
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to make partial or installment payments of costs when appropriate.
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(d) [Subject to appropriation, the department shall lease or purchase the ignition interlock
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system and reimburse each installer maintaining the system provided to probationers for whom
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payment of costs has been waived or deferred on the grounds of indigency.] The h [
probation
]
88a
IGNITION INTERLOCK
h
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provider shall cover the costs of waivers by the court under this Subsection (7).
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[(8) (a) An additional fee of $100 shall be paid to the court by each probationer ordered
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to purchase, install, use, and maintain an ignition interlock system under this section.]
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[(b) The fee shall be deposited with the department as a dedicated credit for the support
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costs incurred for indigent individuals under Subsection (7)(d).]
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[(c) Failure to pay the fees required under this section shall, unless excused, constitute
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sufficient basis for a finding by the court at a hearing that the probationer has failed to comply with
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the terms of probation.]
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[(9)] (8) (a) If a probationer is required in the course and scope of employment to operate
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a motor vehicle owned by the probationer's employer, the probationer may operate that motor
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vehicle in the course and scope of employment without installation of an ignition interlock system
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only if the employer has been notified that the employee is restricted and the employee has proof
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of the notification in his possession while operating the employer's motor vehicle.
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(b) (i) To the extent that an employer-owned motor vehicle is made available to a
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probationer subject to this section for personal use, no exemption under this section shall apply.
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(ii) A probationer intending to operate an employer-owned motor vehicle for personal use
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and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system
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shall notify the employer and obtain consent in writing from the employer to install a system in the
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employer-owned motor vehicle.
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(c) A motor vehicle owned by a business entity that is all or partly owned or controlled by
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a probationer subject to this section is not a motor vehicle owned by the employer and does not
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qualify for an exemption under this Subsection [(9)] (8).
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[(10)] (9) Upon conviction for violation of this section, the court shall notify the Driver
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License Division to immediately suspend the probationer's license to operate a motor vehicle for
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the remainder of the period of probation.
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[(11)] (10) (a) It is a class B misdemeanor for a person to:
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(i) circumvent or tamper with the operation of an ignition interlock system;
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(ii) knowingly furnish a motor vehicle without an ignition interlock system to someone
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who is not authorized to drive a motor vehicle unless the motor vehicle is equipped with an
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ignition interlock system that is in working order;
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(iii) rent, lease, or borrow a motor vehicle without an ignition interlock system if a driving
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restriction is imposed under this section;
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(iv) request another person to blow into an ignition interlock system, if the person is
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required to have a system and the person requests or solicits another to blow into the system to
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start the motor vehicle in order to circumvent the system;
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(v) blow into an ignition interlock system or start a motor vehicle equipped with an
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ignition interlock system for the purpose of providing an operable motor vehicle to another person
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required to have a system; [and]
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(vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the
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system has been certified by the commissioner and the manufacturer of the system has affixed a
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warning label, as approved by the commissioner on the system, stating that the tampering,
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circumventing, or other misuse of the system is a class B misdemeanor[.]; or
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(vii) operate a motor vehicle in violation of any ignition interlock restriction.
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(b) This Subsection [(11)] (10) does not apply if the starting of a motor vehicle, or the
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request to start a motor vehicle, equipped with an ignition interlock system is done for the purpose
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of safety or mechanical repair of the system or the motor vehicle and the person subject to the court
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order does not drive the motor vehicle.
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[(12)] (11) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
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Act, the commissioner shall make rules setting standards for the certification of ignition interlock
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systems.
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(b) The standards shall require that the system:
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(i) not impede the safe operation of the motor vehicle;
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(ii) have features that make circumventing difficult and that do not interfere with the
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normal use of the motor vehicle;
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(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
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(iv) prevent the motor vehicle from being started if the driver's breath alcohol
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concentration exceeds an ordered level;
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(v) work accurately and reliably in an unsupervised environment;
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(vi) resist tampering and give evidence if tampering is attempted;
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(vii) operate reliably over the range of motor vehicle environments; and
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(viii) be manufactured by a party who will provide liability insurance.
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(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
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independent laboratory tests relied upon in certification of ignition interlock systems by other
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states.
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(d) A list of certified systems shall be published by the commissioner and the cost of
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certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking
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to sell, offer for sale, or lease the systems.
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(e) In accordance with Section
63-38-3.2
, the commissioner may establish an annual dollar
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assessment against the manufacturers of ignition interlock systems distributed in the state for the
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costs incurred in certifying. The assessment shall be apportioned among the manufacturers on a
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fair and reasonable basis.
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[(13)] (12) There shall be no liability on the part of, and no cause of action of any nature
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shall arise against, the state or its employees in connection with the installation, use, operation,
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maintenance, or supervision of an interlock ignition system as required under this section.
Legislative Review Note
as of 12-11-00 11:21 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.