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