Effective Date of Rule: Thirty-one days after filing.

     Purpose: Incorporate statutory changes made in 2SHB 2443 (2012) involving the ignition interlock device revolving account.

•	Amends WAC 308-107-050 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 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[d] receive monetary assistance from the ignition interlock device revolving account. Makes additional conforming amendments for this section.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-107-050 and 308-107-060.

     Statutory Authority for Adoption: RCW 46.01.110, 46.20.385.

     Other Authority: RCW 46.20.720.

      Adopted under notice filed as WSR 12-13-054 on June 15, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 14, 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.]

     (((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.]