Administrative Rule Review Report  #AR09-063

Legislative Service Office

26-Oct-09

AGENCY: Department of Transportation.

DATE SUBMITTED: October 16, 2009.

SUBJECT: Chapter 10, Ignition Interlock Devices and Service Providers.

NATURE OF RULES:            Legislative and procedural.

STATUTORY AUTHORITY: W.S. 31-7-401.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO on August 8, 2009, as required by W.S. 28-9-103(d).  No comments have been received to date.  WyDOT also received no comments to the proposed rules during its 45 day public comment period.

SUMMARY OF RULES:  During the 2008 General Session of the Wyoming Legislature, the body passed Senate File 88, establishing a mandatory ignition interlock system.  Chapter 10 of the Wyoming Department of Transportation's (WyDOT) rules are being amended and new rules adopted to implement this legislation.  The term "installer" is amended to "service provider" and the term is defined to include persons who install, service, monitor, calibrate or repair ignition interlock devices and who must be certified by WyDOT.  The period of time to file for renewal of service provider certificates is amended. The rules also now require statistical data to be submitted by interlock device manufacturers every thirty (30) days.  This data must detail driver and equipment performance.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.  However, LSO notes that the rules do not appear to address all issues required by the Legislature's amendments to W.S. 31-7-401 in Senate File 88.  Specifically, W.S. 31-7-401(a)(ii) requires that WyDOT adopt a rule mandating that ignition interlock service providers "provide a reasonable service where such devices may be obtained, repaired, replaced, serviced and calibrated."  W.S. 31-7-401(a)(vi) requires rules mandating that ignition interlock service providers "complete certificates of installation and certificates of continuing calibration and servicing, which certificates shall be delivered to the department on a form determined by the department within a time period set by the department."  Finally, W.S. 31-7-401(a)(vii) requires that the rules establish procedures under which indigent persons may have access to required ignition interlock devices.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and approved by the Council as submitted by the Agency.  However, LSO further recommends that the Council make a recommendation to the Governor that he ask that WyDOT promulgate additional rules which will satisfy the mandates of W.S. 31-7-401(a).

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

IDS/