Tennessee SB 1299: Human Services, Dept. of - As introduced, changes from the tenth to the fifteenth of each month that is not the first month of a calendar quarter the date by which a county maintaining a subsidized receiving home must submit to the department an itemized statement of the costs of subsidizing each licensed receiving home, and of the boarding care and special needs provided each child placed in the home. - Amends TCA Title 4; Title 33; Title 37; Title 39; Title 41; Title 49; Title 63; Title 68 and Title 71.

Bill Text

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Slate ef J ennessee
PUBLIC CHAPTER NO. 184
SENATE BILL NO. 1299
By Johnson, Stevens, Bailey, Bowling, Jackson, Pody, Rose
Substituted for: House Bill No. 1315
By Lamberth, Cochran, Sherrell, Hardaway, Davis, White
AN ACT to amend Tennessee Code Annotated, Section 55-10-417 and Section 55-10-425, relative
to ignition interlock devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-417(b), is amended by deleting
"blood alcohol coricentration" and substituting "breath alcohol concentration".
SECTION 2. Tennessee Code Annotated, Section 55-10-417(d)(3), is amended by deleting
"Require the person" and substituting "Except as provided in § 55-10-425(c)(1)(8), require the
person".
SECTION 3. Tennessee Code Annotated, Section 55-10-425, is amended by adding the
following as a new subsection:
(m)(1) This subsection (m) applies to persons who are required to have an ignition
interlock device installed on their vehicle pursuant to this part and are unable to
appear at the ignition interlock device provider as required for calibration, monitoring,
or inspection of the device due to the participant being an active service member of
the United States Armed Forces who is deployed outside the state of Tennessee for
more than thirty (30) days due to military orders or a temporary change of duty station
order.
(2) If a person who has been ordered to have an ignition interlock device on
their vehicle pursuant to this part, is an active service member of the United States
Armed Forces and is ordered to be deployed outside their state of residence for more
than thirty (30) days, then the person may request the department to temporarily toll
the required ignition interlock usage period by submitting proof of the deployment to
the ignition interlock provider. The ignition interlock provider shall forward the request
and documentation to the department within five (5) business days of receipt. Proof
may consist of an official military order or temporary change of duty station order,
which reflects the time period and change of the person's new duty assignment.
(3)(A) The department shall review and either approve or deny all requests to
toll the required ignition interlock usage period pursuant to this subsection (m).
(B) If granted, the toll period must be for the number of days the
person is actively deployed. At the end of the deployment, the person will
have thirty (30) days to have the device calibrated, and the required ignition
interlock usage period will resume. If the deployment period exceeds ninety
(90) days, then the person may elect to have the provider remove the device
from the vehicle to eliminate the cost of the monthly lease of the device.
However, if the device was removed from the vehicle during the deployment
period, then the person will have thirty (30) days after the end of the
deployment period to have the device reinstalled on the vehicle, and the
required ignition interlock usage period will resume upon reinstallation of the
device.

SB 1299
(4) Failure to comply with the requirements of this subsection (m) may result in
the entire ignition interlock usage period starting over.
(5) A tolling period granted pursuant to this subsection (m) does not relieve a
person from the requirement to only operate a vehicle that is equipped with an
ignition interlock device or waive any other requirements the participant is subject to
pursuant to this part.
(6)(A) A person aggrieved by the denial of a request to have the ignition
interlock usage period tolled under this subsection (m) may, within ten (10)
business days of the date of the denial, request a review by the commissioner
or the commissioner's designee. The request for review must include copies
of the proof submitted to the department, the denial letter from the
department, and any information showing why the person believes the denial
was incorrect.
(B) Within ten (10) business days of receiving the request for review
the commissioner or the commissioner's designee shall make a written
determination based on information in the department's records and the
information provided by the person requesting the review as to whether or not
the toll period should be granted.
(C) The request for review will stay the continuation of the required
ignition interlock usage period until the commissioner's or the commissioner's
designee's ruling is issued.
(D) A person may appeal the commissioner's or the commissioner's
designee's ruling pursuant to § 4-5-322.
SECTION 4. Tennessee Code Annotated, Section 55-10-425(c)(1)(B), is amended by
deleting the subdivision and substituting:
(B) Failing to appear at the ignition interlock device provider when required for
calibration, monitoring, or inspection of the device; provided, that:
(i) A person is not in violation of this subdivision (c)(1 )(8) if the p