PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-10-087.
Title of Rule and Other Identifying Information: Chapter 308-107 WAC, Ignition interlock device revolving account.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on July 25, 2012, at 3:00 p.m.
Date of Intended Adoption: July 26, 2012.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by July 24, 2012.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 24, 2012, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To incorporate statutory changes made by 2SHB 2443 which passed the 2012 legislature.
| • | Amends WAC 308-107-050 Ignition interlock device revolving account, to require that drivers who are subject to a mandatory restriction to operate motor vehicles equipped with an ignition interlock device under RCW 46.20.720 must pay twenty dollars a month into the ignition interlock device revolving account. Makes additional conforming amendments for this requirement. |
| • | Amends WAC 308-107-060 Indigence -- Monetary assistance -- Determination of need, to permit indigent drivers subject to a mandatory restriction to operate motor vehicles equipped with an ignition interlock device under RCW 46.20.720 to apply for an [and] receive monetary assistance from the ignition interlock device revolving account. Makes additional conforming amendments for this section. |
Reasons Supporting Proposal: Required due to changes in RCW 46.20.720, enacted by the 2012 legislature in chapter 183, Laws of 2012.
Statutory Authority for Adoption: RCW 46.01.110 and 46.20.385.
Statute Being Implemented: RCW 46.20.720.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Doron Maniece, Highways-Licenses Building, Olympia, Washington, (360) 902-3763.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
June 15, 2012
Damon Monroe
Rules Coordinator
(2) A manufacturer providing devices to persons who are
((applying for or have been issued)) required to have an
ignition interlock ((driver's license)) device, either
directly or through an authorized service provider, must enter
into an agreement with the department for the collection and
transmittal of the twenty dollar monthly fee required under
RCW 46.20.385 (6)(a) or 46.20.720(6). Any agreement made
under this section must include appropriate reporting
requirements and accounting practices to permit the department
to audit the handling of the fees that must be remitted to the
department. The department may terminate an agreement with a
manufacturer upon a showing of good cause. Good cause may
include, but not be limited to;
(a) Violation of the agreement;
(b) Violation of the laws and rules governing the installation of devices; or
(c) Violation of this chapter.
An agreement between the department and a manufacturer will be valid for no more than four years, provided that the department may extend an agreement for up to an additional four years at its discretion.
(3) As provided by RCW 46.20.385 (6)(b) and 46.20.720(6), the department shall deposit the proceeds of the twenty-dollar fee into the ignition interlock device revolving account.
[Statutory Authority: RCW 46.01.110 and 46.20.385. 11-01-037, § 308-107-050, filed 12/6/10, effective 1/6/11. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. 08-24-059, § 308-107-050, filed 11/26/08, effective 1/1/09.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 08-24-59 [08-24-059], filed
11/26/08, effective 1/1/09)
WAC 308-107-060
Indigence -- Monetary
assistance -- Determination of need.
(1) ((An applicant for, or
holder of, an ignition interlock driver's license)) (a) A
person who is required to have an ignition interlock device
may apply to the department for a determination that he or she
is indigent for purposes of RCW 46.20.385 and 46.20.745. The
department will determine that a person is indigent if the
person is:
(((a))) (i) Receiving one of the following types of
public assistance: Temporary assistance for needy families,
general assistance, poverty-related veterans' benefits, food
stamps or food stamp benefits transferred electronically,
refugee resettlement benefits, medicaid, or Supplemental
Security Income; or
(((b))) (ii) Receiving an annual income, after taxes, of
one hundred twenty-five percent or less of the current
federally established poverty level.
(b) In making a determination of indigence under this subsection, the department may request that the applicant provide records or other evidence of public assistance, income, payment of taxes, or other relevant issues.
(c) A person who has been determined to be indigent under this subsection is:
(i) Exempt from paying the additional fee of twenty
dollars required under RCW 46.20.385 (6)(a)((,)); and
(ii) May apply for monetary assistance under subsection (2) of this section.
(2) Subject to appropriation by the legislature of funds from the ignition interlock device revolving account and the availability of funds in the ignition interlock device revolving account, a person who has been determined to be indigent under this section may apply to the department for monetary assistance in covering the costs of installing, removing, and leasing an ignition interlock device, and any applicable licensing fees.
(3) Subject to funds appropriated, the department may base the amount of monetary assistance provided to an applicant under subsection (2) of this section on a determination of need. Where possible, a determination of need may be based on such factors as:
(a) Total number of persons in household, including the number of dependants;
(b) The age of the applicant and whether the applicant is a dependant of another person;
(c) Monthly expenses; and
(d) Liquid assets.
(4) A person who has been determined to be indigent under this section must re-apply for a determination of indigence on an annual basis.
[Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. 08-24-059, § 308-107-060, filed 11/26/08, effective 1/1/09.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.