H.F. 442 Section 1. Section 321.376, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. The driver of a school bus shall hold a driver’s license 3 issued by the department of transportation valid for the 4 operation of the school bus and a certificate of qualification 5 for operation of a commercial motor vehicle issued by a 6 physician or osteopathic physician licensed pursuant to 7 chapter 148 , physician’s assistant, advanced registered nurse 8 practitioner, or chiropractor or any other person identified 9 by federal and state law as authorized to perform physical 10 examinations, and shall successfully complete an approved 11 course of instruction in accordance with subsection 2 . A 12 person holding a temporary restricted an ignition interlock 13 license issued under chapter 321J shall be prohibited from 14 operating a school bus. The department of education shall 15 refuse to issue an authorization to operate a school bus to 16 any person who, after notice and opportunity for hearing, is 17 determined to have committed any of the acts proscribed under 18 section 321.375, subsection 2 . The department of education 19 shall take adverse action against any person who, after notice 20 and opportunity for hearing, is determined to have committed 21 any of the acts proscribed under section 321.375, subsection 2 . 22 Such action may include a reprimand or warning of the person 23 or the suspension or revocation of the person’s authorization 24 to operate a school bus. The department of education shall 25 recommend, and the state board of education shall adopt under 26 chapter 17A , rules and procedures for issuing and suspending or 27 revoking authorization to operate a school bus in this state. 28 Rules and procedures adopted shall include but are not limited 29 to provisions for the revocation or suspension of, or refusal 30 to issue, authorization to persons who are determined to have 31 committed any of the acts proscribed under section 321.375, 32 subsection 2 . 33 Sec. 2. Section 321.560, subsection 1, Code 2011, is amended 34 to read as follows: 35 -1- LSB 2128YH (8) 84 rh/nh 1/ 23

H.F. 442 1. A license to operate a motor vehicle in this state shall 1 not be issued to any person declared to be a habitual offender 2 under section 321.555, subsection 1 , for a period of not less 3 than two years nor more than six years from the date of the 4 final decision of the department under section 17A.19 or the 5 date on which the district court upholds the final decision of 6 the department, whichever occurs later. 7 a. A However, a temporary restricted license may be issued 8 pursuant to section 321.215, subsection 2 , to a person declared 9 to be a habitual offender under section 321.555, subsection 1 , 10 paragraph “c” . 11 b. A temporary restricted license may be issued pursuant 12 to section 321J.20, subsection 2 , to a person declared to be a 13 habitual offender due to a combination of the offenses listed 14 under section 321.555, subsection 1 , paragraphs “b” and “c” . 15 Sec. 3. Section 321J.1, Code 2011, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 08. “Ignition interlock device” means 18 an electronic device, approved by the commissioner of public 19 safety, that is installed in a vehicle and that requires the 20 taking of a breath sample test prior to the starting of, and 21 at periodic intervals during, the operation of the vehicle. A 22 functioning ignition interlock device prevents a person from 23 operating the motor vehicle with an alcohol concentration 24 greater than a level set by rule of the commissioner of public 25 safety. 26 NEW SUBSECTION . 008. “Ignition interlock license” means the 27 partial restoration of a person’s driving privileges to operate 28 a motor vehicle during the period the person’s driver’s license 29 or privilege to operate a motor vehicle is suspended or revoked 30 for a violation of this chapter. The issuance and continuing 31 validity of an ignition interlock license is conditioned upon 32 the installation and maintenance of an ignition interlock 33 device on one or more noncommercial vehicles owned or to be 34 operated by the person and restricting the person’s driving to 35 -2- LSB 2128YH (8) 84 rh/nh 2/ 23

H.F. 442 vehicles so equipped. 1 NEW SUBSECTION . 0008. “Ignition interlock restriction” 2 means a limitation on a driver’s license requiring the person 3 to whom such restricted license is issued to operate only 4 noncommercial vehicles equipped with a functioning ignition 5 interlock device. 6 Sec. 4. Section 321J.2, subsection 3, paragraphs c and d, 7 Code 2011, are amended to read as follows: 8 c. Assessment of a fine of one thousand two hundred fifty 9 dollars. However, in the discretion of the court, if no 10 personal or property injury has resulted from the defendant’s 11 actions, the court may waive up to six hundred twenty-five 12 dollars of the fine when the defendant presents to the court 13 at the end of the minimum period of ineligibility a temporary 14 restricted an ignition interlock license issued pursuant to 15 section 321J.20 . 16 (1) Upon the entry of a deferred judgment, a civil penalty 17 shall be assessed as provided in section 907.14 in an amount 18 not less than the amount of the criminal fine authorized 19 pursuant to this paragraph “c” . 20 (2) As an alternative to a portion or all of the fine, 21 the court may order the person to perform unpaid community 22 service. However, the court shall not order the person to 23 perform unpaid community service in lieu of a civil penalty or 24 victim restitution. Surcharges and fees shall also be assessed 25 pursuant to chapter 911 . 26 d. Revocation of the person’s driver’s license for a minimum 27 period of one hundred eighty days up to a maximum revocation 28 period of one year, pursuant to section 321J.4, subsection 29 1 , section 321J.9 , or section 321J.12, subsection 2 . If a 30 revocation occurs due to test refusal under section 321J.9 , 31 the defendant shall be ineligible for a temporary restricted 32 an ignition interlock license for a minimum period of ninety 33 thirty days. 34 (1) A defendant whose alcohol concentration is .08 or 35 -3- LSB 2128YH (8) 84 rh/nh 3/ 23

H.F. 442 more but not more than .10 shall not be eligible for any 1 temporary restricted license for at least thirty days if 2 a test was obtained and an accident resulting in personal 3 injury or property damage occurred to apply for an ignition 4 interlock license on the effective date of the revocation or 5 any date thereafter during the revocation period if a test 6 was obtained . The department shall require the defendant to 7 install an ignition interlock device of a type approved by 8 the commissioner of public safety on all vehicles owned or 9 operated by the defendant if the defendant seeks a temporary 10 restricted an ignition interlock license. There shall be no 11 such period of ineligibility if no such accident occurred, and 12 the defendant shall not be required to install an ignition 13 interlock device. 14 (2) A defendant whose alcohol concentration is more than .10 15 shall not be eligible for any temporary restricted license for 16 at least thirty days if a test was obtained, and an accident 17 resulting in personal injury or property damage occurred or the 18 defendant’s alcohol concentration exceeded .15. There shall be 19 no such period of ineligibility if no such accident occurred 20 and the defendant’s alcohol concentration did not exceed .15. 21 In either case, where a defendant’s alcohol concentration is 22 more than .10, the department shall require the defendant to 23 install an ignition interlock device of a type approved by the 24 commissioner of public safety on all vehicles owned or operated 25 by the defendant if the defendant seeks a temporary restricted 26 license. 27 Sec. 5. Section 321J.2, subsection 4, paragraphs b and c, 28 Code 2011, are amended to read as follows: 29 b. Assessment of a minimum fine of one thousand eight 30 hundred fifty dollars and a maximum fine of six thousand 31 two hundred fifty dollars. The court may waive up to four 32 thousand three hundred seventy-five dollars of the fine when 33 the defendant presents to the court at the end of the minimum 34 period of the person’s ineligibility an ignition interlock 35 -4- LSB 2128YH (8) 84 rh/nh 4/ 23

H.F. 442 license pursuant to section 321J.20. Surcharges and fees shall 1 be assessed pursuant to chapter 911 . 2 c. Revocation of the defendant’s driver’s license for a 3 period of one year, if a revocation occurs pursuant to section 4 321J.12, subsection 1 . If a revocation occurs due to test 5 refusal under section 321J.9 , or pursuant to section 321J.4, 6 subsection 2 , the defendant’s license shall be revoked for a 7 period of two three years. 8 Sec. 6. Section 321J.2, subsection 5, paragraph b, Code 9 2011, is amended to read as follows: 10 b. Assessment of a minimum fine of three thousand one 11 hundred twenty-five dollars and a maximum fine of nine thousand 12 three hundred seventy-five dollars. The court may waive up 13 to six thousand two hundred fifty dollars of the fine when 14 the defendant presents to the court at the end of the minimum 15 period of the person’s ineligibility an ignition interlock 16 license pursuant to section 321J.20. Surcharges and fees shall 17 be assessed pursuant to chapter 911 . 18 Sec. 7. Section 321J.4, Code 2011, is amended to read as 19 follows: 20 321J.4 Revocation of license —— ignition interlock devices —— 21 conditional temporary restricted ignition interlock license. 22 1. If a defendant is convicted of a violation of section 23 321J.2 and the defendant’s driver’s license or nonresident 24 operating privilege has not been revoked under section 321J.9 25 or 321J.12 for the occurrence from which the arrest arose, the 26 department shall revoke the defendant’s driver’s license or 27 nonresident operating privilege for one hundred eighty days 28 if the defendant submitted to chemical testing and has had 29 no previous conviction or revocation under this chapter and 30 shall revoke the defendant’s driver’s license or nonresident 31 operating privilege for one year eighteen months if the 32 defendant refused to submit to chemical testing and has had 33 no previous conviction or revocation under this chapter . The 34 defendant shall not be eligible for any temporary restricted 35 -5- LSB 2128YH (8) 84 rh/nh 5/ 23

H.F. 442 license for at least ninety days if a test was refused under 1 section 321J.9 . 2 a. A defendant whose alcohol concentration is .08 or more 3 but not more than .10 shall not be eligible for any temporary 4 restricted to apply for an ignition interlock license for 5 at least thirty days on or after the effective date of the 6 revocation if a test was obtained and an accident resulting in 7 personal injury or property damage occurred . The department 8 shall require the defendant to install an and maintain a 9 functioning ignition interlock device of a type approved by the 10 commissioner of public safety on all vehicles owned or operated 11 by the defendant if the defendant seeks a temporary restricted 12 applies for an ignition interlock license. There shall be no 13 such period of ineligibility if no such accident occurred, and 14 the defendant shall not be required to install an ignition 15 interlock device. 16 b. A defendant whose alcohol concentration is more than .10 17 shall not be eligible for any temporary restricted license for 18 at least thirty days if a test was obtained and an accident 19 resulting in personal injury or property damage occurred or the 20 defendant’s alcohol concentration exceeded .15. There shall be 21 no such period of ineligibility if no such accident occurred 22 and the defendant’s alcohol concentration did not exceed .15. 23 In either case, where a defendant’s alcohol concentration is 24 more than .10, the department shall require the defendant to 25 install an ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned or operated 27 by the defendant if the defendant seeks a temporary restricted 28 license. 29 c. b. If the defendant is under the age of twenty-one, the 30 defendant shall not be eligible for a temporary restricted an 31 ignition interlock license for at least sixty days after the 32 effective date of revocation. 33 2. If a defendant is convicted of a violation of section 34 321J.2 , and the defendant’s driver’s license or nonresident 35 -6- LSB 2128YH (8) 84 rh/nh 6/ 23

H.F. 442 operating privilege has not already been revoked under section 1 321J.9 or 321J.12 for the occurrence from which the arrest 2 arose, the department shall revoke the defendant’s driver’s 3 license or nonresident operating privilege for one year if the 4 defendant submitted to chemical testing and has had a previous 5 conviction or revocation under this chapter and shall revoke 6 the defendant’s driver’s license or nonresident operating 7 privilege for two three years if the defendant refused to 8 submit to chemical testing and has had a previous revocation 9 under this chapter . The defendant shall not be eligible for 10 any temporary restricted to apply for an ignition interlock 11 license for forty-five days after on the effective date of the 12 revocation if the defendant submitted to chemical testing and 13 shall not be eligible for any temporary restricted license 14 for ninety days after the effective date of revocation if the 15 defendant refused chemical testing or any date thereafter 16 during the revocation period . The temporary restricted 17 ignition interlock license shall be issued in accordance with 18 section 321J.20 , subsection 2 . The department shall require 19 the defendant to install an ignition interlock device of a type 20 approved by the commissioner of public safety on all vehicles 21 owned or operated by the defendant if the defendant seeks a 22 temporary restricted license at the end of the minimum period 23 of ineligibility. A temporary restricted license shall not 24 be granted by the department until the defendant installs the 25 ignition interlock device. 26 3. If the court defers judgment pursuant to section 907.3 27 for a violation of section 321J.2 , and if the defendant’s 28 driver’s license or nonresident operating privilege has not 29 been revoked under section 321J.9 or 321J.12 , or has not 30 otherwise been revoked for the occurrence from which the arrest 31 arose, the department shall revoke the defendant’s driver’s 32 license or nonresident operating privilege for a period of not 33 less than thirty days nor more than ninety days. The defendant 34 shall not be eligible for any temporary restricted license for 35 -7- LSB 2128YH (8) 84 rh/nh 7/ 23

H.F. 442 at least ninety days if a test was refused the time period 1 required for conviction of the violation for which the person 2 was charged . 3 a. A defendant whose alcohol concentration is .08 or more 4 but not more than .10 shall not be eligible to apply for any 5 temporary restricted an ignition interlock license on or after 6 the effective date of the revocation for at least thirty days 7 if a test was obtained and an accident resulting in personal 8 injury or property damage occurred . The department shall 9 require the defendant to install an ignition interlock device 10 of a type approved by the commissioner of public safety on all 11 vehicles owned or operated by the defendant if the defendant 12 seeks a temporary restricted license. There shall be no such 13 period of ineligibility if no such accident occurred, and 14 the defendant shall not be required to install an ignition 15 interlock device. 16 b. A defendant whose alcohol concentration is more than .10 17 shall not be eligible for any temporary restricted license for 18 at least thirty days if a test was obtained and an accident 19 resulting in personal injury or property damage occurred or the 20 defendant’s alcohol concentration exceeded .15. There shall be 21 no such period of ineligibility if no such accident occurred 22 and the defendant’s alcohol concentration did not exceed .15. 23 In either case, where a defendant’s alcohol concentration is 24 more than .10, the department shall require the defendant to 25 install an ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned or operated 27 by the defendant if the defendant seeks a temporary restricted 28 license. 29 c. b. If the defendant is under the age of twenty-one, the 30 defendant shall not be eligible for a temporary restricted an 31 ignition interlock license for at least sixty days after the 32 effective date of the revocation. 33 4. Upon a plea or verdict of guilty of a third or subsequent 34 violation of section 321J.2 , the department shall revoke 35 -8- LSB 2128YH (8) 84 rh/nh 8/ 23

H.F. 442 the defendant’s driver’s license or nonresident operating 1 privilege for a period of six years. The defendant shall not 2 be eligible to apply for a temporary restricted an ignition 3 interlock license for one year after the effective date of the 4 revocation. The department shall require the defendant to 5 install an ignition interlock device of a type approved by the 6 commissioner of public safety on all vehicles owned or operated 7 by the defendant if the defendant seeks a temporary restricted 8 license at the end of the minimum period of ineligibility. 9 A temporary restricted license shall not be granted by the 10 department until the defendant installs the ignition interlock 11 device upon release from the custody of the director of the 12 department of corrections pursuant to section 321J.2 . 13 5. Upon a plea or verdict of guilty of a violation of 14 section 321J.2 which involved a personal injury, the court 15 shall determine in open court, from consideration of the 16 information in the file and any other evidence the parties may 17 submit, whether a serious injury was sustained by any person 18 other than the defendant and, if so, whether the defendant’s 19 conduct in violation of section 321J.2 caused the serious 20 injury. If the court so determines, the court shall order 21 the department to revoke the defendant’s driver’s license or 22 nonresident operating privilege for a period of one year in 23 addition to any other period of suspension or revocation. The 24 defendant shall not be eligible for any temporary restricted 25 an ignition interlock license until the minimum period of 26 ineligibility has expired under this section or section 321J.9 , 27 321J.12 , or 321J.20 . The defendant shall surrender to the 28 court any Iowa license or permit and the court shall forward it 29 to the department with a copy of the order for revocation. 30 6. Upon a plea or verdict of guilty of a violation of 31 section 321J.2 which involved a death, the court shall 32 determine in open court, from consideration of the information 33 in the file and any other evidence the parties may submit, 34 whether a death occurred and, if so, whether the defendant’s 35 -9- LSB 2128YH (8) 84 rh/nh 9/ 23

H.F. 442 conduct in violation of section 321J.2 caused the death. If 1 the court so determines, the court shall order the department 2 to revoke the defendant’s driver’s license or nonresident 3 operating privilege for a period of six years. The defendant 4 shall not be eligible for any temporary restricted an ignition 5 interlock license for at least the lesser of two years after 6 the effective date of the revocation or until completion of 7 the defendant’s sentence under section 707.6A, subsection 1 . 8 The defendant shall surrender to the court any Iowa license or 9 permit and the court shall forward it to the department with a 10 copy of the order for revocation. 11 7. If a license or permit to operate a motor vehicle is 12 revoked or denied under this section or section 321J.9 or 13 321J.12 , the period of revocation or denial shall be the period 14 provided for such a revocation or until the defendant reaches 15 the age of eighteen whichever period is longer. 16 8. a. On a conviction for or as a condition of a deferred 17 judgment for a violation of section 321J.2 , the court may order 18 the defendant to install and maintain functioning ignition 19 interlock devices of a type approved by the commissioner of 20 public safety on all motor vehicles owned or operated by the 21 defendant which, without tampering or the intervention of 22 another person, would prevent the defendant from operating the 23 motor vehicle with an alcohol concentration greater than a 24 level set by rule of the commissioner of public safety on one 25 or more vehicles owned or operated by the defendant for periods 26 of time as determined by the court. The court shall notify the 27 department of the beginning and ending dates of such periods. 28 The department shall add an ignition interlock restriction to 29 the person’s driver’s record for the period ordered by the 30 court . 31 b. The commissioner of public safety shall adopt rules to 32 approve certain ignition interlock devices and the means of 33 installation of the devices, and shall establish the level of 34 alcohol concentration beyond which an ignition interlock device 35 -10- LSB 2128YH (8) 84 rh/nh 10/ 23

H.F. 442 will not allow operation of the motor vehicle in which it is 1 installed. 2 c. b. The order to install ignition interlock devices shall 3 remain in effect for a period of time as determined by the 4 court which shall not exceed the maximum term of imprisonment 5 which the court could have imposed according to the nature of 6 the violation. While the order is in effect, the defendant 7 shall not operate a motor vehicle which does not have an 8 approved ignition interlock device installed. 9 d. c. If the defendant’s driver’s license or nonresident 10 operating privilege has been revoked, the department shall 11 not issue a temporary permit an ignition interlock license or 12 a driver’s license to the person without certification that 13 an approved ignition interlock devices have device has been 14 installed in all one or more motor vehicles owned or operated 15 by the defendant while the order is in effect. 16 e. d. A defendant who fails within a reasonable time to 17 comply with an order to install an approved ignition interlock 18 device may be declared in contempt of court and punished 19 accordingly. 20 f. A person who tampers with or circumvents an ignition 21 interlock device installed under a court order while an order 22 is in effect commits a serious misdemeanor. 23 Sec. 8. Section 321J.9, subsection 1, paragraphs a and b, 24 Code 2011, are amended to read as follows: 25 a. One year Eighteen months if the person has no previous 26 revocation under this chapter ; and . 27 b. Two Three years if the person has had a previous 28 revocation under this chapter . 29 Sec. 9. Section 321J.9, subsections 2 and 3, Code 2011, are 30 amended to read as follows: 31 2. a. A person whose driver’s license or nonresident 32 operating privileges are revoked under subsection 1 shall 33 not be eligible for a temporary restricted an ignition 34 interlock license for at least ninety thirty days after the 35 -11- LSB 2128YH (8) 84 rh/nh 11/ 23

H.F. 442 effective date of the revocation or any date thereafter during 1 the revocation period . A temporary restricted An ignition 2 interlock license issued to a person whose driver’s license or 3 nonresident driving privilege has been revoked under subsection 4 1 , paragraph “b” , shall be issued in accordance with section 5 321J.20 , subsection 2 . 6 b. The department shall require the defendant to install 7 an ignition interlock device of a type approved by the 8 commissioner of public safety on all vehicles owned or operated 9 by the defendant if the defendant seeks a temporary restricted 10 license at the end of the minimum period of ineligibility. 11 A temporary restricted license shall not be granted by the 12 department until the defendant installs the ignition interlock 13 device. 14 3. If the person is a resident without a license or permit 15 to operate a motor vehicle in this state, the department shall 16 deny to the person the issuance of a license or permit for the 17 same period a license or permit would be revoked, and deny 18 issuance of a temporary restricted license for the same period 19 of ineligibility for receipt of a temporary restricted an 20 ignition interlock license, subject to review as provided in 21 this chapter . 22 Sec. 10. Section 321J.12, subsection 2, Code 2011, is 23 amended to read as follows: 24 2. a. A person whose driver’s license or nonresident 25 operating privileges have been revoked under subsection 1 , 26 paragraph “a” , whose alcohol concentration is .08 or more but 27 not more than .10 shall not be eligible for any temporary 28 restricted an ignition interlock license for at least thirty 29 days after on the effective date of the revocation or any date 30 thereafter during the revocation period if a test was obtained 31 and an accident resulting in personal injury or property 32 damage occurred. The department shall require the defendant 33 to install an ignition interlock device of a type approved by 34 the commissioner of public safety on all vehicles owned or 35 -12- LSB 2128YH (8) 84 rh/nh 12/ 23

H.F. 442 operated by the defendant if the defendant seeks a temporary 1 license. There shall be no such period of ineligibility if no 2 such accident occurred, and the defendant shall not be required 3 to install an ignition interlock device . 4 b. A defendant whose alcohol concentration is more than .10 5 shall not be eligible for any temporary restricted license for 6 at least thirty days if a test was obtained and an accident 7 resulting in personal injury or property damage occurred or the 8 defendant’s alcohol concentration exceeded .15. There shall be 9 no such period of ineligibility if no such accident occurred 10 and the defendant’s alcohol concentration did not exceed .15. 11 In either case, where a defendant’s alcohol concentration is 12 more than .10, the department shall require the defendant to 13 install an ignition interlock device of a type approved by the 14 commissioner of public safety on all vehicles owned or operated 15 by the defendant if the defendant seeks a temporary restricted 16 license. 17 c. b. If the person is under the age of twenty-one, the 18 person shall not be eligible for a temporary restricted an 19 ignition interlock license for at least sixty days after the 20 effective date of the revocation. 21 d. A person whose license or privileges have been revoked 22 under subsection 1 , paragraph “b” , for one year shall not be 23 eligible for any temporary restricted license for forty-five 24 days after the effective date of the revocation, and the 25 department shall require the person to install an ignition 26 interlock device of a type approved by the commissioner 27 of public safety on all vehicles owned or operated by the 28 defendant if the defendant seeks a temporary restricted 29 license at the end of the minimum period of ineligibility. The 30 temporary restricted license shall be issued in accordance with 31 section 321J.20, subsection 2 . A temporary restricted license 32 shall not be granted by the department until the defendant 33 installs the ignition interlock device. 34 Sec. 11. Section 321J.13, subsection 1, Code 2011, is 35 -13- LSB 2128YH (8) 84 rh/nh 13/ 23

H.F. 442 amended to read as follows: 1 1. Notice of revocation of a person’s noncommercial 2 driver’s license or operating privilege served pursuant to 3 section 321J.9 or 321J.12 shall include a form that states 4 on its face that the person may be eligible for an ignition 5 interlock license granting the person driving privileges 6 limited to driving vehicles equipped with an ignition interlock 7 device on the effective date of the revocation or at any time 8 thereafter during the revocation period. The form shall be 9 accompanied by a preaddressed envelope on which the person 10 served may indicate by a checkmark if the person only wishes to 11 request a temporary restricted apply for an ignition interlock 12 license on or after the mandatory ineligibility period for 13 issuance of a temporary restricted license has ended, or if the 14 person wishes a hearing to contest the revocation. The form 15 shall clearly state on its face that the form must be completed 16 and returned within ten days of receipt or the person’s right 17 to a hearing to contest the revocation is foreclosed. The form 18 shall also be accompanied by a statement of the operation of 19 and the person’s rights under this chapter . effective date of 20 the revocation or at any time thereafter during the revocation 21 period or if the person desires a hearing to contest the 22 revocation. The form shall clearly state on its face all of 23 the following: 24 a. That the form must be completed and returned within ten 25 days of receipt or the person’s right to a hearing to contest 26 the revocation is foreclosed. 27 b. That upon receipt by the department of a request for 28 an application for an ignition interlock license, the person 29 waives the person’s right to a hearing. 30 Sec. 12. Section 321J.17, subsections 1 and 3, Code 2011, 31 are amended to read as follows: 32 1. If the department revokes a person’s driver’s license 33 or nonresident operating privilege under this chapter , the 34 department shall assess the person a civil penalty of two 35 -14- LSB 2128YH (8) 84 rh/nh 14/ 23

H.F. 442 hundred dollars. The money collected by the department under 1 this section shall be transmitted to the treasurer of state 2 who shall deposit one-half of the money in the separate fund 3 established in section 915.94 and one-half of the money in 4 the general fund of the state. A temporary restricted An 5 ignition interlock license shall not be issued unless an 6 ignition interlock device has been installed pursuant to 7 section 321J.4 this chapter . A driver’s license or nonresident 8 operating privilege shall not be reinstated unless proof of 9 deinstallation of an ignition interlock device installed 10 pursuant to section 321J.4 this chapter has been submitted 11 to the department. Except as provided in section 321.210B , 12 a temporary restricted an ignition interlock license shall 13 not be issued or a driver’s license or nonresident operating 14 privilege reinstated until the civil penalty has been paid. 15 A person assessed a penalty under this section may remit the 16 civil penalty along with a processing fee of five dollars to a 17 county treasurer authorized to issue driver’s licenses under 18 chapter 321M , or the civil penalty may be paid directly to the 19 department. 20 3. The department shall also require certification 21 of installation of an ignition interlock device of a type 22 approved by the commissioner of public safety on all on one or 23 more motor vehicles owned or operated by any person seeking 24 reinstatement following a second or subsequent revocation under 25 section 321J.4 , 321J.9 , or 321J.12 , unless such a person has 26 previously received a temporary restricted license during the 27 term of the revocation as authorized by this chapter . 28 a. The requirement for the installation and maintenance of 29 an approved functioning ignition interlock device shall be for 30 one hundred eighty days from the date of reinstatement for a 31 first revocation under this chapter, and for one year from the 32 date of reinstatement for a second or subsequent revocation 33 under this chapter unless a different time period is required 34 by statute. 35 -15- LSB 2128YH (8) 84 rh/nh 15/ 23

H.F. 442 b. A person shall receive a day-for-day credit toward 1 the mandatory period required by paragraph “a” for any time 2 the person had a valid ignition interlock license during the 3 revocation period as authorized by this chapter. 4 Sec. 13. Section 321J.20, Code 2011, is amended by striking 5 the section and inserting in lieu thereof the following: 6 321J.20 Ignition interlock licenses —— ignition interlock 7 devices —— penalty. 8 1. a. The department may, on application, issue an ignition 9 interlock license to a person whose noncommercial driver’s 10 license is revoked under this chapter if the person’s driver’s 11 license has been revoked previously under section 321J.4, 12 321J.9, or 321J.12. 13 b. This subsection shall not apply to a revocation ordered 14 under section 321J.4 resulting from a plea or verdict of guilty 15 of a violation of section 321J.2 that involved a death until 16 completion of the period of incarceration ordered by the court 17 for the incident leading to such conviction. 18 c. This subsection does not apply to a person whose license 19 was revoked or suspended under any of the following: 20 (1) Section 321J.2A. 21 (2) Section 321J.4, subsection 4 or 6, until completion 22 of the period of incarceration ordered by the court for the 23 incident leading to such conviction. 24 (3) Another statute. 25 d. Following the applicable minimum period of the person’s 26 ineligibility, an ignition interlock license under this 27 subsection shall not be issued until the person provides proof 28 that an ignition interlock device is installed on one or more 29 motor vehicles owned or to be operated by the applicant in 30 accordance with section 321J.2, 321J.4, 321J.9, or 321J.12. 31 Installation and maintenance of a functioning ignition 32 interlock device under this subsection shall be required for 33 the period of time for which the ignition interlock license is 34 issued. The department shall cancel any ignition interlock 35 -16- LSB 2128YH (8) 84 rh/nh 16/ 23

H.F. 442 license issued under this subsection upon receipt of notice 1 from the person’s ignition interlock device provider that the 2 person has removed or has failed to maintain a functioning 3 ignition interlock device on one or more vehicles owned or 4 operated by the person as required by this subsection. The 5 department shall reinstate the person’s ignition interlock 6 license upon receipt of notice from the person’s ignition 7 interlock device provider that the person has a functioning 8 ignition interlock device on one or more vehicles owned or 9 operated by the person, and upon payment of a twenty-five 10 dollar reinstatement fee. 11 2. The department, upon receipt of the conviction record 12 of a person required to install an ignition interlock device 13 for operating a motor vehicle not equipped with an approved 14 functioning ignition interlock device or upon receipt of 15 the conviction record of a person for tampering with or 16 circumventing an ignition interlock device, in addition 17 to other penalties provided, shall extend the period of 18 revocation, for an additional like period. The department 19 shall not revoke the person’s ignition interlock license 20 solely for violations of this subsection, and if the person is 21 otherwise eligible, the person’s ignition interlock license may 22 remain in effect during the additional period of revocation. 23 3. A person holding an ignition interlock license issued 24 by the department under this chapter shall not operate 25 a commercial motor vehicle on a highway if a commercial 26 driver’s license is required for the person’s operation of the 27 commercial motor vehicle. 28 4. A person holding an ignition interlock license issued by 29 the department under this chapter shall not operate a school 30 bus. 31 5. Notwithstanding any provision of this chapter to the 32 contrary, the department may issue an ignition interlock 33 license to a person otherwise eligible for an ignition 34 interlock license under this section whose revocation period 35 -17- LSB 2128YH (8) 84 rh/nh 17/ 23

H.F. 442 under this chapter has expired, but who has not met all 1 requirements for reinstatement of the person’s driver’s license 2 or nonresident operating privileges. 3 6. A person who tampers with or circumvents an ignition 4 interlock device installed as required in this chapter and 5 while the requirement for the ignition interlock device is in 6 effect commits a serious misdemeanor. 7 Sec. 14. NEW SECTION . 321J.20A Employment exemption. 8 1. a. If a person who is issued an ignition interlock 9 license or whose driver’s license has an ignition interlock 10 restriction is required, in the course and scope of the 11 person’s employment and at the direction of the person’s 12 employer, to operate a noncommercial motor vehicle owned, 13 leased, or rented by the person’s employer, the person may, 14 except as provided in paragraph “b” , operate such motor vehicle 15 in the course and scope of the person’s employment without 16 installation of an ignition interlock device if both of the 17 following apply: 18 (1) The employer has been notified that the person 19 is restricted to operating only vehicles equipped with a 20 functioning ignition interlock device. 21 (2) The person has proof of the notification in the person’s 22 possession while operating the employer’s motor vehicle. Proof 23 of the notification shall be established only by the notarized 24 signature of the employer acknowledging notification on a form 25 that shall be provided by the department for this purpose and 26 shall include a contact telephone number of the employer. 27 b. The exemption granted in paragraph “a” shall not apply in 28 any of the following circumstances: 29 (1) For any operation of an employer-owned motor vehicle for 30 the personal use of the person that is not within the course 31 and scope of the person’s employment. 32 (2) If the employer-owned motor vehicle is owned by an 33 entity which is wholly or partially owned by the person subject 34 to this section, unless the person provides proof to the 35 -18- LSB 2128YH (8) 84 rh/nh 18/ 23

H.F. 442 satisfaction of the department that the entity is a legitimate 1 operating business entity and that the person’s operation of 2 an employer-owned motor vehicle is necessary to the operation 3 of the entity. 4 (3) If the employer-owned motor vehicle is a school vehicle 5 or a vehicle designed to transport passengers for hire. 6 Sec. 15. Section 321J.21, subsection 2, Code 2011, is 7 amended to read as follows: 8 2. In addition to the fine, the department, upon receiving 9 the record of the conviction of a person under this section 10 upon a charge of driving a motor vehicle while the license of 11 the person was suspended, denied, revoked, or barred shall 12 extend the period of suspension, denial, revocation, or bar for 13 an additional like period , and the department shall not issue a 14 new license during the additional period . 15 Sec. 16. Section 321J.21, Code 2011, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 3. A person whose period of suspension, 18 denial, revocation, or bar has been extended pursuant to 19 subsection 2 and who is otherwise qualified, may apply to have 20 an ignition interlock license issued upon the effective date of 21 the extended period of suspension, denial, revocation, or bar. 22 Sec. 17. Section 321J.23, Code 2011, is amended by adding 23 the following new subsections: 24 NEW SUBSECTION . 6. The state’s established successful 25 history of requiring the use of ignition interlock devices 26 and the conclusions drawn from studies by the centers for 27 disease control and prevention of the United States department 28 of health and human services and other research proves that 29 ignition interlock devices prevent alcohol-impaired driving 30 when installed and maintained in a lawful and proper manner. 31 NEW SUBSECTION . 7. The installation of an ignition 32 interlock device on vehicles owned or operated by an 33 intoxicated driver convicted of an operating-while-intoxicated 34 offense in a timely and efficient manner will help make 35 -19- LSB 2128YH (8) 84 rh/nh 19/ 23

H.F. 442 highways safer for Iowa’s families, and all state agencies and 1 departments shall cooperate to support this endeavor to the 2 fullest extent possible. 3 Sec. 18. Section 707.6A, subsection 1A, Code 2011, is 4 amended to read as follows: 5 1A. Upon a plea or verdict of guilty of a violation of 6 subsection 1 , the defendant shall surrender to the court 7 any Iowa license or permit and the court shall forward the 8 license or permit to the department with a copy of the order 9 of conviction. Upon receipt of the order of conviction, the 10 department shall revoke the defendant’s driver’s license or 11 nonresident operating privilege for a period of six years. The 12 defendant shall not be eligible for a temporary restricted 13 license for at least two years after the revocation an ignition 14 interlock license except as provided in section 321J.4 . 15 EXPLANATION 16 This bill relates to operating-while-intoxicated offenses, 17 including license revocation periods and ignition interlock 18 licenses and devices, and provides penalties. 19 Current law provides that the department of transportation 20 may issue a temporary restricted license (also known as a 21 work permit) for violations of Code chapter 321 (department 22 of transportation rules of the road) and for violations of 23 Code chapter 321J (Iowa’s operating-while-intoxicated law). 24 The bill replaces temporary restricted licenses with ignition 25 interlock licenses for violations of Code chapter 321J. This 26 change does not affect temporary restricted licenses issued for 27 violations of Code chapter 321. 28 An “ignition interlock license” is defined in the bill as a 29 license which partially restores a person’s driving privileges 30 to operate a motor vehicle during the period a person’s 31 driver’s license or privilege to operate a motor vehicle is 32 suspended or revoked for violations of Code chapter 321J. The 33 bill also provides for an ignition interlock restriction on the 34 person’s driver’s license requiring the person to whom such 35 -20- LSB 2128YH (8) 84 rh/nh 20/ 23

H.F. 442 restricted license is issued to operate only noncommercial 1 vehicles equipped with a functioning ignition interlock device. 2 The issuance and continuing validity of both an ignition 3 interlock license and an ignition interlock restriction 4 is conditioned upon the installation and maintenance of an 5 ignition interlock device on one or more noncommercial vehicles 6 owned or to be operated by the person and restricting the 7 person’s driving to vehicles so equipped. 8 Under the bill, the department of transportation is 9 authorized to issue an ignition interlock license immediately 10 upon revocation of a person’s driver’s license for all first 11 and second offenses under Code chapter 321J except a person 12 who refuses chemical testing (ineligible for 30 days after 13 the effective date of the revocation), a person under the age 14 of 21 (ineligible for 60 days after the effective date of 15 the revocation), if an accident occurred which resulted in a 16 death, or upon a third or subsequent offense (ineligible for an 17 ignition interlock license until completion of the period of 18 incarceration ordered by the court for the incident leading to 19 the conviction). In addition, a person convicted of a criminal 20 offense under Code chapter 321J is eligible for a reduction in 21 the person’s criminal fine if the person obtains an ignition 22 interlock license. 23 On a conviction for or as a condition of a deferred judgment 24 for a violation of Code section 321J.2, the bill allows the 25 court to order the person to install and maintain ignition 26 interlock devices on one or more vehicles owned or operated by 27 the person for periods of time as determined by the court. The 28 court is required to notify the department of transportation 29 of the beginning and ending dates of such period and the 30 department is required to add an ignition interlock restriction 31 to the person’s driver’s record for the period ordered by the 32 court. 33 The bill provides that the department of transportation 34 shall cancel any ignition interlock license issued upon receipt 35 -21- LSB 2128YH (8) 84 rh/nh 21/ 23

H.F. 442 of notice from the person’s ignition interlock device provider 1 that the person has removed or has failed to maintain a 2 functioning ignition interlock device on one or more vehicles 3 owned or operated by the person, and shall reinstate the 4 person’s ignition interlock license upon receipt of notice 5 from the person’s ignition interlock device provider that the 6 person has a functioning ignition interlock on one or more 7 vehicles owned or operated by the person, and upon payment of a 8 reinstatement fee. The department is also authorized to extend 9 the person’s revocation period if the department receives 10 information the person has tampered with or has circumvented 11 an ignition interlock device. The department cannot revoke 12 the person’s ignition interlock license, and if the person is 13 otherwise eligible, the person’s ignition interlock license may 14 remain in effect during the additional period of revocation. 15 The bill prohibits a person holding an ignition interlock 16 license from operating a commercial motor vehicle on a highway 17 if a commercial driver’s license is required for the person’s 18 operation of the commercial motor vehicle and also prohibits 19 a person holding an ignition interlock license from operating 20 a school bus. 21 The bill provides that, notwithstanding any provision of 22 Code chapter 321J to the contrary, the department may issue 23 an ignition interlock license to a person otherwise eligible 24 for an ignition interlock license whose revocation period 25 under Code chapter 321J has expired, but who has not met all 26 requirements for reinstatement of the person’s driver’s license 27 or nonresident operating privileges. 28 The bill provides that a person who tampers with or 29 circumvents an ignition interlock device while the requirement 30 for the ignition interlock device is in effect commits a 31 serious misdemeanor. 32 The bill allows a person who is issued an ignition interlock 33 license, or whose driver’s license has an ignition interlock 34 restriction in the course and scope of the person’s employment 35 -22- LSB 2128YH (8) 84 rh/nh 22/ 23

H.F. 442 and at the direction of the person’s employer, to operate a 1 noncommercial motor vehicle owned, leased, or rented by the 2 person’s employer, to operate such motor vehicle in the course 3 and scope of the person’s employment, without installation of 4 an ignition interlock device, if the employer has received 5 notice that the person is restricted to operating only vehicles 6 equipped with a functioning ignition interlock device. The 7 bill provides exceptions to this allowance including an 8 exception for an employer-owned motor vehicle that is a school 9 vehicle or a vehicle designed to transport passengers for hire. 10 The bill provides that a person who applies for an ignition 11 interlock license waives the person’s right to a hearing 12 to contest the revocation or, if the required form is not 13 returned within 10 days of receipt, the person’s right to a 14 hearing to contest the revocation is barred. The bill requires 15 the department of transportation to provide specific notice 16 relating to ignition interlock licenses. 17 The bill provides that unrestricted driving privileges shall 18 not be restored until a person seeking license reinstatement 19 installs and maintains an approved and functioning ignition 20 interlock device for 180 days from the date of reinstatement 21 for a first revocation, and for one year from the date of 22 reinstatement for a second or subsequent revocation. The bill 23 allows a person to receive a day-for-day credit toward the 24 mandatory period required for any time the person had a valid 25 ignition interlock license during the revocation period. 26 The bill increases the length of license revocation periods 27 for a person who refuses to submit to chemical testing under 28 Code section 321J.9 from one year to 18 months if the person 29 had no previous revocation under Code chapter 321J and from two 30 to three years for a person with a previous revocation. 31 The bill includes legislative findings. 32 -23- LSB 2128YH (8) 84 rh/nh 23/ 23