Clerks, Court

Plain English Breakdown

The bill summary and digest do not specify consequences for failing to comply with new requirements, leaving that detail uncertain.

Changes to Electronic Monitoring Indigency Fund

This act modifies requirements for people ordered to use ignition interlock devices or alternative electronic devices by adding new documentation and authorization rules.

What This Bill Does

• Requires a person who is ordered to use an ignition interlock device or an alternative electronic device to provide the court clerk with proof of financial need on the date they were ordered to use the device.
• Allows the state treasurer to get information from other government agencies to verify if someone qualifies for funds from the indigency fund.
• Requires providers of these devices to give the state treasurer and local governments specific documents about a person's eligibility.

Who It Names or Affects

• People who are ordered by a court to use ignition interlock devices or alternative electronic devices.
• State agencies responsible for programs like SNAP, TANF, and Medicaid.
• Providers of ignition interlock devices and alternative electronic devices.

Terms To Know

Electronic monitoring indigency fund

A fund that helps pay for court-ordered ignition interlock devices or other similar devices for people who cannot afford them.

Affidavit of indigency

A written statement declaring someone's financial need, used to show they qualify for certain types of assistance.

Limits and Unknowns

• The bill does not specify the exact details of how state agencies will cooperate with each other.
• It is unclear what happens if a person fails to provide required documentation or authorization.
• The effective date of this act has not been specified in the official source.

Official Summary Text

Present law establishes the electronic monitoring indigency fund. This fund is composed of the ignition interlock device account, which pays eligible costs for a functioning court-ordered ignition interlock device, and the alternative device account, wh
ich pays eligible costs for an alternative court-ordered device. Providers of functioning ignition interlock devices and alternative electronic devices must submit claims and invoices to the state treasurer or respective local government for reimbursemen
t
from the indigency fund.

This bill requires the person ordered to use an ignition interlock device to provide the selected provider and the clerk of court that has jurisdiction over the person with (i) documentation demonstrating the person is qualified to receive funds on the d
ate the person was ordered to use the device, and (ii) an authorization for the state treasurer to obtain or access documentation from state or federal agencies verifying the person is qualified to receive funds. Further, this bill requires providers of
ig
nition interlock devices and alternative electronic devices to provide (i) the state treasurer with the documentation demonstrating a person is eligible to receive funds, and (ii) the respective local government with the affidavit of indigency, and other
information considered by the court to determine whether the person is indigent, for a person ordered to use an alternative device.

This bill authorizes the state treasurer to enter into a memorandum of understanding with the state agencies responsible for administering the supplemental nutritional assistance program, the temporary assistance for needy families program, or the state
medicaid program for the purposes of verifying whether a person is eligible to receive funds. The appropriate state agencies must cooperate with the exchange of documentation or information, as permitted by law.

Current Bill Text

HOUSE BILL 1748
By Wright

SENATE BILL 1845
By Hatcher
SB1845
011198
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
55-10-419, relative to the electronic monitoring
indigency fund.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-419(j), is amended by deleting
subdivisions (2) and (3) and substituting:
(2) The person ordered to use an ignition interlock device shall provide the
selected provider and the clerk of the court that has jurisdiction over the person with:
(A) Documentation demonstrating that the person is either qualified to
receive or is receiving funds on the date the person was ordered to use the
device from at least one (1) of the sources listed in subdivision (h)(4); and
(B) An authorization and consent for the state treasurer to obtain or
access documentation or information from state or federal agencies verifying that
the person is either qualified to receive or is receiving funds on the date the
person was ordered to use the device from at least one (1) of the sources listed
in subdivision (h)(4).
(3) In addition to providing the information pursuant to subdivision (j)(1),
providers shall also provide:
(A) The state treasurer with the documentation and information
referenced in subdivision (j)(2), for persons ordered to use an ignition interlock
device; and

- 2 - 011198

(B) The respective local government with the affidavit of indigency, and
other information considered by the court to determine whether the person is
indigent, for a person ordered to use an alternative device.
SECTION 2. Tennessee Code Annotated, Section 55-10-419(j), is amended by adding
a new subdivision:
(4) In order to verify that a person is receiving or is eligible to receive funds from
at least one (1) of the sources listed in subdivision (h)(4), the state treasurer is
authorized to enter into memoranda of understanding with appropriate state agencies.
The appropriate state agencies, as identified by the state treasurer, shall fully cooperate
with the exchange of documentation or information, as permitted by applicable laws and
rules.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.