Senate File 37 SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1001) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for a .08 blood alcohol concentration limit for 2 motor vehicle operating while intoxicated offenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1360SV 80 5 rh/sh/8 PAG LIN 1 1 Section 1. Section 321J.2, subsection 1, paragraph b, Code 1 2 2003, is amended to read as follows: 1 3 b. While having an alcohol concentration of.10.08 or 1 4 more. 1 5 Sec. 2. Section 321J.6, subsection 1, paragraph g, Code 1 6 2003, is amended to read as follows: 1 7 g. The preliminary breath screening test was administered 1 8 and it indicated an alcohol concentration of .02 or more but 1 9 less than.10.08 and the person is under the age of twenty= 1 10 one. 1 11 Sec. 3. Sect 321J.12, subsection 5, Code 2003, is amended 1 12 to read as follows: 1 13 5. Upon certification, subject to penalty of perjury, by 1 14 the peace officer that there existed reasonable grounds to 1 15 believe that the person had been operating a motor vehicle in 1 16 violation of section 321J.2A, that there existed one or more 1 17 of the necessary conditions for chemical testing described in 1 18 section 321J.6, subsection 1, and that the person submitted to 1 19 chemical testing and the test results indicated an alcohol 1 20 concentrationas defined in section 321J.1of .02 or more but 1 21 less than.10.08, the department shall revoke the person's 1 22 driver's license or operating privilege for a period of sixty 1 23 days if the person has had no previous revocation under this 1 24 chapter, and for a period of ninety days if the person has had 1 25 a previous revocation under this chapter. 1 26 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 27 3, shall not apply to this Act. 1 28 EXPLANATION 1 29 This bill lowers the limit for blood alcohol concentration 1 30 (BAC) while driving a motor vehicle from .10 BAC to .08 BAC. 1 31 Under the bill, a person who drives with .08 BAC or higher 1 32 would violate Code section 321J.2, the operating while 1 33 intoxicated statute. 1 34 The bill may include a state mandate as defined in Code 1 35 section 25B.3. The bill makes inapplicable Code section 2 1 25B.2, subsection 3, which would relieve a political 2 2 subdivision from complying with a state mandate if funding for 2 3 the cost of the state mandate is not provided or specified. 2 4 Therefore, political subdivisions are required to comply with 2 5 any state mandate included in the bill. 2 6 LSB 1360SV 80 2 7 rh/sh/8