Senate Study Bill 1224 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BOWMAN) 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, the form of motor vehicle financial 4 liability coverage cards, grounds for disqualification of 5 commercial vehicle operators, provisions for the issuance 6 of temporary restricted licenses for persons convicted of 7 operating while intoxicated, county issuance of driver’s 8 licenses, and the administration of highway contracts. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 2154SC (3) 85 dea/nh
S.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 321.20B, subsection 1, paragraph a, Code 10 2013, is amended to read as follows: 11 a. Notwithstanding chapter 321A , which requires certain 12 persons to maintain proof of financial responsibility, a 13 person shall not drive a motor vehicle on the highways of 14 this state unless financial liability coverage, as defined 15 in section 321.1, subsection 24B , is in effect for the motor 16 vehicle and unless the driver has in the motor vehicle the 17 proof of financial liability coverage card issued for the motor 18 vehicle, or if the vehicle is registered in another state, 19 other evidence that financial liability coverage is in effect 20 for the motor vehicle. A proof of financial liability coverage 21 card may be produced in paper or electronic format. Acceptable 22 electronic formats include electronic images displayed on a 23 cellular telephone or any other portable electronic device that 24 has a display screen with touch input or a miniature keyboard. 25 Sec. 3. Section 321.20B, subsection 2, paragraph a, Code 26 2013, is amended to read as follows: 27 a. An insurance company transacting business in this 28 state shall issue to its insured owners of motor vehicles 29 registered in this state a financial liability coverage card 30 for each motor vehicle insured. Each financial liability 31 coverage card shall identify the registration number or vehicle 32 identification number of the motor vehicle insured and shall 33 indicate the expiration date of the applicable insurance 34 coverage. The financial liability coverage card shall also 35 -1- LSB 2154SC (3) 85 dea/nh 1/ 7
S.F. _____ contain the name and address of the insurer or the name of the 1 insurer and the name and address of the insurance agency, the 2 name of the insured, and an emergency telephone number of the 3 insurer or emergency telephone number of the insurance agency. 4 An insurance company may issue a financial liability coverage 5 card in either paper format or, if requested by the insured, 6 electronic format. 7 Sec. 4. Section 321.208, subsection 6, unnumbered paragraph 8 1, Code 2013, is amended to read as follows: 9 A person is disqualified from operating a commercial motor 10 vehicle if the person receives convictions for committing 11 within any three-year period two or more of the following 12 offenses while operating a commercial motor vehicle , or 13 while operating a noncommercial motor vehicle and holding 14 a commercial driver’s license if the convictions result in 15 the revocation, cancellation, or suspension of the person’s 16 commercial driver’s license or noncommercial motor vehicle 17 driving privileges: 18 Sec. 5. Section 321.208, subsection 6, Code 2013, is amended 19 by adding the following new paragraphs: 20 NEW PARAGRAPH . i. Violating a state or local law or 21 ordinance on motor vehicle traffic control prohibiting texting 22 while driving a commercial motor vehicle. 23 NEW PARAGRAPH . j. Violating a state or local law or 24 ordinance on motor vehicle traffic control restricting or 25 prohibiting the use of a hand-held mobile telephone while 26 driving a commercial motor vehicle. 27 Sec. 6. Section 321J.17, subsections 1 and 3, Code 2013, are 28 amended to read as follows: 29 1. If the department revokes a person’s driver’s license 30 or nonresident operating privilege under this chapter , the 31 department shall assess the person a civil penalty of two 32 hundred dollars. The money collected by the department under 33 this section shall be transmitted to the treasurer of state 34 who shall deposit one-half of the money in the separate fund 35 -2- LSB 2154SC (3) 85 dea/nh 2/ 7
S.F. _____ established in section 915.94 and one-half of the money in the 1 general fund of the state. A temporary restricted license 2 shall not be issued unless an ignition interlock device has 3 been installed pursuant to section 321J.4 . A driver’s license 4 or nonresident operating privilege shall not be reinstated 5 unless proof of deinstallation of an ignition interlock device 6 installed pursuant to section 321J.4 has been submitted to 7 the department. Except as provided in section 321.210B , a 8 temporary restricted license shall not be issued or a driver’s 9 license or nonresident operating privilege reinstated until 10 the civil penalty has been paid. A person assessed a penalty 11 under this section may remit the civil penalty along with a 12 processing fee of five dollars to a county treasurer authorized 13 to issue driver’s licenses under chapter 321M , or the civil 14 penalty may be paid directly to the department. 15 3. The department shall also require certification of 16 installation of an ignition interlock device of a type approved 17 by the commissioner of public safety on all motor vehicles 18 owned or operated by any person seeking reinstatement following 19 a second or subsequent revocation under section 321J.4 , 321J.9 , 20 or 321J.12 , unless such a person has previously received a 21 temporary restricted license during the term of the revocation 22 as authorized by this chapter . The requirement for the 23 installation of an approved ignition interlock device shall be 24 for one year from the date of reinstatement unless a different 25 longer time period is required by statute. The one-year 26 period a person is required to maintain an ignition interlock 27 device under this subsection shall be reduced by any period 28 of time the person held a valid temporary restricted license 29 during the revocation for the occurrence from which the arrest 30 arose. The person shall not operate any motor vehicle which 31 is not equipped with an approved ignition interlock device 32 during the period in which an ignition interlock device must be 33 maintained, and the department shall not grant reinstatement 34 unless the person certifies installation of an ignition 35 -3- LSB 2154SC (3) 85 dea/nh 3/ 7
S.F. _____ interlock device as required in this subsection. 1 Sec. 7. Section 321J.20, subsection 1, paragraph d, Code 2 2013, is amended to read as follows: 3 d. Following the applicable minimum period of ineligibility, 4 a temporary restricted license under this subsection shall 5 not be issued until the applicant installs an ignition 6 interlock device of a type approved by the commissioner of 7 public safety on all motor vehicles owned or operated by the 8 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 9 or 321J.12 . Installation of an ignition interlock device 10 under this subsection shall be required for the period of time 11 for which the temporary restricted license is issued and for 12 such additional period of time following reinstatement as is 13 required under section 321J.17, subsection 3 . 14 Sec. 8. Section 321J.20, subsection 2, Code 2013, is amended 15 to read as follows: 16 2. a. Notwithstanding section 321.560 , the department may, 17 on application, and upon the expiration of the minimum period 18 of ineligibility for a temporary restricted license provided 19 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 20 temporary restricted license to a person whose noncommercial 21 driver’s license has either been revoked under this chapter , or 22 revoked or suspended under chapter 321 solely for violations 23 of this chapter , or who has been determined to be a habitual 24 offender under chapter 321 based solely on violations of this 25 chapter or on violations listed in section 321.560, subsection 26 1 , paragraph “b” , and who is not eligible for a temporary 27 restricted license under subsection 1 . However, the department 28 may not issue a temporary restricted license under this 29 subsection for a violation of section 321J.2A or to a person 30 under the age of twenty-one whose license is revoked under 31 section 321J.4 , 321J.9 , or 321J.12 . A temporary restricted 32 license issued under this subsection may allow the person to 33 drive to and from the person’s home and specified places at 34 specified times which can be verified by the department and 35 -4- LSB 2154SC (3) 85 dea/nh 4/ 7
S.F. _____ which are required by the person’s full-time or part-time 1 employment , ; continuing education while enrolled in an 2 educational institution on a part-time or full-time basis and 3 while pursuing a course of study leading to a diploma, degree, 4 or other certification of successful educational completion , ; 5 or substance abuse treatment. 6 b. Notwithstanding paragraph “a” , a temporary restricted 7 license issued to a person whose noncommercial driver’s license 8 has been revoked under section 321J.4, subsection 2 , section 9 321J.9, subsection 1 , paragraph “b” , or section 321J.12, 10 subsection 1 , paragraph “b” , shall provide for but not exceed 11 the uses permitted by 23 U.S.C. § 164 . This restriction 12 applies only during the first three hundred sixty-five days of 13 the person’s revocation. 14 c. b. A temporary restricted license issued under this 15 subsection shall be conditioned upon the installation of not 16 be issued until the applicant installs an approved ignition 17 interlock device on all motor vehicles owned or operated by 18 the person applicant . Installation of an ignition interlock 19 device under this subsection shall be required for the period 20 of time for which the temporary restricted license is issued, 21 and for such additional period of time following reinstatement 22 as is required under section 321J.17, subsection 3. However, 23 a person whose driver’s license or nonresident operating 24 privilege has been revoked under section 321J.21 may apply to 25 the department for a temporary restricted license without the 26 requirement of an ignition interlock device if at least twelve 27 years have elapsed since the end of the underlying revocation 28 period for a violation of section 321J.2 . 29 Sec. 9. Section 321M.9, subsection 4, Code 2013, is amended 30 by striking the subsection. 31 Sec. 10. REPEAL. 1984 Iowa Acts, chapter 1229, section 2, 32 is repealed. 33 EXPLANATION 34 This bill contains provisions relating to a variety of 35 -5- LSB 2154SC (3) 85 dea/nh 5/ 7
S.F. _____ matters administered by the department of transportation. 1 The bill amends Code section 22.7 to provide that personal 2 information contained on electronic driver’s license or 3 nonoperator’s identification card records that is provided by 4 the licensee or card holder for use by certain law enforcement 5 and medical personnel responding to or assisting with an 6 emergency constitutes a confidential record. 7 The bill provides that a proof of financial liability 8 coverage card required to be carried in a motor vehicle may 9 be produced in paper or electronic format. An electronic 10 image displayed on the screen of a cellular telephone or other 11 portable electronic device with a touch screen or miniature 12 keyboard is an acceptable electronic format. The bill allows 13 insurance companies to issue a financial liability coverage 14 card in paper format or, at the request of the insured, in 15 electronic format. 16 Under current law, a person is disqualified from operating 17 a commercial motor vehicle if the person has two or more 18 convictions within a three-year period for certain specified 19 offenses committed while operating a commercial motor vehicle, 20 or committed while operating a noncommercial motor vehicle and 21 holding a commercial driver’s license if the convictions result 22 in a sanction of the person’s driving privileges. Code section 23 321.208 is amended to add texting and using a hand-held mobile 24 telephone in violation of a state or local law while operating 25 a commercial motor vehicle to that list of specified offenses. 26 Under current law, a person whose driver’s license is 27 revoked upon conviction of a second offense of operating while 28 intoxicated may apply for a temporary restricted license 45 29 days after the effective date of revocation if the person 30 submitted to chemical testing, and 90 days after revocation 31 if the person refused testing. The issuance of a temporary 32 restricted license is conditioned upon the installation of 33 an ignition interlock device on all motor vehicles owned 34 or operated by the person. At the end of the period of 35 -6- LSB 2154SC (3) 85 dea/nh 6/ 7
S.F. _____ revocation, an ignition interlock device is required for a 1 period of one year, unless a different period is required 2 by statute; however, an ignition interlock device is not 3 required for reinstatement if the person had a temporary 4 restricted license during the revocation period. The bill 5 amends Code sections 321J.17 and 321J.20 to provide that a 6 person is required to maintain an ignition interlock device 7 for one year or longer following reinstatement. The one-year 8 period is reduced by any period of time the person held a 9 valid temporary restricted license during the revocation 10 for the occurrence from which the arrest arose. A person 11 is prohibited from operating any motor vehicle not equipped 12 with an ignition interlock device during the period in which 13 a device is required to be maintained, and a person must 14 certify installation of an ignition interlock device before 15 the department can grant reinstatement. The bill also strikes 16 a provision in current law that ties the permissible use of 17 certain temporary restricted licenses to uses permitted under 18 federal law. Finally, the bill strikes the current requirement 19 that a person who was issued a temporary restricted license 20 must submit proof of deinstallation of an ignition interlock 21 device as a condition for reinstatement of a full driver’s 22 license. 23 The bill strikes a provision in Code section 321M.9 24 requiring the auditor of state to conduct periodic studies of 25 the county driver’s license issuance program. 26 The bill repeals a provision in 1984 Acts, chapter 1229, 27 that linked the contingent repeal of Code section 314.14, as it 28 existed at that time, to the repeal or expiration of a federal 29 statute relating to set-aside contracts for disadvantaged 30 business enterprises. Due to subsequent substantive amendments 31 to the Code section, the contingent repeal provision is no 32 longer relevant. 33 -7- LSB 2154SC (3) 85 dea/nh 7/ 7