House Study Bill 78 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to matters under the purview of the 1 department of transportation, including the use of 2 information contained in electronic driver and nonoperator 3 identification records, grounds for disqualification of 4 commercial vehicle operators, provisions for the issuance 5 of temporary restricted licenses for persons convicted of 6 operating while intoxicated, registration fees for electric 7 vehicles, and the administration of highway contracts, and 8 including applicability date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1298DP (6) 85 dea/nh

S.F. _____ H.F. _____ Section 1. Section 22.7, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 65. Personal information contained on 3 electronic driver’s license or nonoperator’s identification 4 card records that is provided by the licensee or card holder to 5 the department of transportation for use by law enforcement, 6 first responders, emergency medical service providers, and 7 other medical personnel responding to or assisting with an 8 emergency. 9 Sec. 2. Section 321.208, subsection 6, unnumbered paragraph 10 1, Code 2013, is amended to read as follows: 11 A person is disqualified from operating a commercial motor 12 vehicle if the person receives convictions for committing 13 within any three-year period two or more of the following 14 offenses while operating a commercial motor vehicle , or 15 while operating a noncommercial motor vehicle and holding 16 a commercial driver’s license if the convictions result in 17 the revocation, cancellation, or suspension of the person’s 18 commercial driver’s license or noncommercial motor vehicle 19 driving privileges: 20 Sec. 3. Section 321.208, subsection 6, Code 2013, is amended 21 by adding the following new paragraphs: 22 NEW PARAGRAPH . i. Violating a state or local law or 23 ordinance on motor vehicle traffic control prohibiting texting 24 while driving a commercial motor vehicle. 25 NEW PARAGRAPH . j. Violating a state or local law or 26 ordinance on motor vehicle traffic control restricting or 27 prohibiting the use of a hand-held mobile telephone while 28 driving a commercial motor vehicle. 29 Sec. 4. Section 321J.17, subsections 1 and 3, Code 2013, are 30 amended to read as follows: 31 1. If the department revokes a person’s driver’s license 32 or nonresident operating privilege under this chapter , the 33 department shall assess the person a civil penalty of two 34 hundred dollars. The money collected by the department under 35 -1- LSB 1298DP (6) 85 dea/nh 1/ 7

S.F. _____ H.F. _____ this section shall be transmitted to the treasurer of state 1 who shall deposit one-half of the money in the separate fund 2 established in section 915.94 and one-half of the money in the 3 general fund of the state. A temporary restricted license 4 shall not be issued unless an ignition interlock device has 5 been installed pursuant to section 321J.4 . A driver’s license 6 or nonresident operating privilege shall not be reinstated 7 unless proof of deinstallation of an ignition interlock device 8 installed pursuant to section 321J.4 has been submitted to 9 the department. Except as provided in section 321.210B , a 10 temporary restricted license shall not be issued or a driver’s 11 license or nonresident operating privilege reinstated until 12 the civil penalty has been paid. A person assessed a penalty 13 under this section may remit the civil penalty along with a 14 processing fee of five dollars to a county treasurer authorized 15 to issue driver’s licenses under chapter 321M , or the civil 16 penalty may be paid directly to the department. 17 3. The department shall also require certification of 18 installation of an ignition interlock device of a type approved 19 by the commissioner of public safety on all motor vehicles 20 owned or operated by any person seeking reinstatement following 21 a second or subsequent revocation under section 321J.4 , 321J.9 , 22 or 321J.12 , unless such a person has previously received a 23 temporary restricted license during the term of the revocation 24 as authorized by this chapter . The requirement for the 25 installation of an approved ignition interlock device shall be 26 for one year from the date of reinstatement unless a different 27 longer time period is required by statute. The one-year 28 period a person is required to maintain an ignition interlock 29 device under this subsection shall be reduced by any period 30 of time the person held a valid temporary restricted license 31 during the revocation for the occurrence from which the arrest 32 arose. The person shall not operate any motor vehicle which 33 is not equipped with an approved ignition interlock device 34 during the period in which an ignition interlock device must be 35 -2- LSB 1298DP (6) 85 dea/nh 2/ 7

S.F. _____ H.F. _____ maintained, and the department shall not grant reinstatement 1 unless the person certifies installation of an ignition 2 interlock device as required in this subsection. 3 Sec. 5. Section 321J.20, subsection 1, paragraph d, Code 4 2013, is amended to read as follows: 5 d. Following the applicable minimum period of ineligibility, 6 a temporary restricted license under this subsection shall 7 not be issued until the applicant installs an ignition 8 interlock device of a type approved by the commissioner of 9 public safety on all motor vehicles owned or operated by the 10 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 11 or 321J.12 . Installation of an ignition interlock device 12 under this subsection shall be required for the period of time 13 for which the temporary restricted license is issued and for 14 such additional period of time following reinstatement as is 15 required under section 321J.17, subsection 3 . 16 Sec. 6. Section 321J.20, subsection 2, Code 2013, is amended 17 to read as follows: 18 2. a. Notwithstanding section 321.560 , the department may, 19 on application, and upon the expiration of the minimum period 20 of ineligibility for a temporary restricted license provided 21 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 22 temporary restricted license to a person whose noncommercial 23 driver’s license has either been revoked under this chapter , or 24 revoked or suspended under chapter 321 solely for violations 25 of this chapter , or who has been determined to be a habitual 26 offender under chapter 321 based solely on violations of this 27 chapter or on violations listed in section 321.560, subsection 28 1 , paragraph “b” , and who is not eligible for a temporary 29 restricted license under subsection 1 . However, the department 30 may not issue a temporary restricted license under this 31 subsection for a violation of section 321J.2A or to a person 32 under the age of twenty-one whose license is revoked under 33 section 321J.4 , 321J.9 , or 321J.12 . A temporary restricted 34 license issued under this subsection may allow the person to 35 -3- LSB 1298DP (6) 85 dea/nh 3/ 7

S.F. _____ H.F. _____ drive to and from the person’s home and specified places at 1 specified times which can be verified by the department and 2 which are required by the person’s full-time or part-time 3 employment , ; continuing education while enrolled in an 4 educational institution on a part-time or full-time basis and 5 while pursuing a course of study leading to a diploma, degree, 6 or other certification of successful educational completion , ; 7 or substance abuse treatment. 8 b. Notwithstanding paragraph “a” , a temporary restricted 9 license issued to a person whose noncommercial driver’s license 10 has been revoked under section 321J.4, subsection 2 , section 11 321J.9, subsection 1 , paragraph “b” , or section 321J.12, 12 subsection 1 , paragraph “b” , shall provide for but not exceed 13 the uses permitted by 23 U.S.C. § 164 . This restriction 14 applies only during the first three hundred sixty-five days of 15 the person’s revocation. 16 c. b. A temporary restricted license issued under this 17 subsection shall be conditioned upon the installation of not 18 be issued until the applicant installs an approved ignition 19 interlock device on all motor vehicles owned or operated by 20 the person applicant . Installation of an ignition interlock 21 device under this subsection shall be required for the period 22 of time for which the temporary restricted license is issued, 23 and for such additional period of time following reinstatement 24 as is required under section 321J.17, subsection 3. However, 25 a person whose driver’s license or nonresident operating 26 privilege has been revoked under section 321J.21 may apply to 27 the department for a temporary restricted license without the 28 requirement of an ignition interlock device if at least twelve 29 years have elapsed since the end of the underlying revocation 30 period for a violation of section 321J.2 . 31 Sec. 7. Section 321M.9, subsection 4, Code 2013, is amended 32 by striking the subsection. 33 Sec. 8. REPEAL. Section 321.116, Code 2013, is repealed. 34 Sec. 9. REPEAL. 1984 Iowa Acts, chapter 1229, section 2, 35 -4- LSB 1298DP (6) 85 dea/nh 4/ 7

S.F. _____ H.F. _____ is repealed. 1 Sec. 10. APPLICABILITY. The section of this Act that 2 repeals section 321.116 applies for registration years 3 beginning on or after January 1, 2014. 4 EXPLANATION 5 This bill contains provisions relating to a variety of 6 matters administered by the department of transportation. 7 The bill amends Code section 22.7 to provide that personal 8 information contained on electronic driver’s license or 9 nonoperator’s identification card records that is provided by 10 the licensee or card holder for use by certain law enforcement 11 and medical personnel responding to or assisting with an 12 emergency constitutes a confidential record. 13 Under current law, a person is disqualified from operating 14 a commercial motor vehicle if the person has two or more 15 convictions within a three-year period for certain specified 16 offenses committed while operating a commercial motor vehicle, 17 or committed while operating a noncommercial motor vehicle and 18 holding a commercial driver’s license if the convictions result 19 in a sanction of the person’s driving privileges. Code section 20 321.208 is amended to add texting and using a hand-held mobile 21 telephone in violation of a state or local law while operating 22 a commercial motor vehicle to that list of specified offenses. 23 Under current law, a person whose driver’s license is 24 revoked upon conviction of a second offense of operating while 25 intoxicated may apply for a temporary restricted license 45 26 days after the effective date of revocation if the person 27 submitted to chemical testing, and 90 days after revocation 28 if the person refused testing. The issuance of a temporary 29 restricted license is conditioned upon the installation of 30 an ignition interlock device on all motor vehicles owned 31 or operated by the person. At the end of the period of 32 revocation, an ignition interlock device is required for a 33 period of one year, unless a different period is required 34 by statute; however, an ignition interlock device is not 35 -5- LSB 1298DP (6) 85 dea/nh 5/ 7

S.F. _____ H.F. _____ required for reinstatement if the person had a temporary 1 restricted license during the revocation period. The bill 2 amends Code sections 321J.17 and 321J.20 to provide that a 3 person is required to maintain an ignition interlock device 4 for one year or longer following reinstatement. The one-year 5 period is reduced by any period of time the person held a 6 valid temporary restricted license during the revocation 7 for the occurrence from which the arrest arose. A person 8 is prohibited from operating any motor vehicle not equipped 9 with an ignition interlock device during the period in which 10 a device is required to be maintained, and a person must 11 certify installation of an ignition interlock device before 12 the department can grant reinstatement. The bill also strikes 13 a provision in current law that ties the permissible use of 14 certain temporary restricted licenses to uses permitted under 15 federal law. Finally, the bill strikes the current requirement 16 that a person who was issued a temporary restricted license 17 must submit proof of deinstallation of an ignition interlock 18 device as a condition for reinstatement of a full driver’s 19 license. 20 The bill strikes a provision in Code section 321M.9 21 requiring the auditor of state to conduct periodic studies of 22 the county driver’s license issuance program. 23 Code section 321.116, which establishes an annual 24 registration fee of $25 for electric motor vehicles, is 25 repealed. As a result, electric motor vehicles will be subject 26 to registration fees based on the weight and value of the 27 vehicle. The change applies for registration years beginning 28 on or after January 1, 2014. 29 The bill repeals a provision in 1984 Acts, chapter 1229, 30 that linked the contingent repeal of Code section 314.14, as it 31 existed at that time, to the repeal or expiration of a federal 32 statute relating to set-aside contracts for disadvantaged 33 business enterprises. Due to subsequent substantive amendments 34 to the Code section, the contingent repeal provision is no 35 -6- LSB 1298DP (6) 85 dea/nh 6/ 7