H.F. 2158 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2016, is amended to read as follows: 2 d. (1) Revocation of the person’s driver’s license for 3 a minimum period of one hundred eighty days up to a maximum 4 revocation period of one year, pursuant to section 321J.4, 5 subsection 1 , section 321J.9 , or section 321J.12, subsection 6 2 . If a revocation occurs due to test refusal under section 7 321J.9 , the defendant shall be ineligible for a temporary 8 restricted license for a minimum period of ninety days. 9 (1) (2) A defendant whose alcohol concentration is .08 10 or more but not more than .10 shall not be eligible for any 11 temporary restricted license for at least thirty days if 12 a test was obtained and an accident resulting in personal 13 injury or property damage occurred or the defendant’s alcohol 14 concentration exceeded .15 . The There shall be no such 15 period of ineligibility if no such accident occurred and the 16 defendant’s alcohol concentration did not exceed .15. 17 (3) Upon revocation, the department shall require the 18 defendant to install an ignition interlock device of a type 19 approved by the commissioner of public safety on all vehicles 20 owned or operated by the defendant if the defendant seeks a 21 temporary restricted license . There shall be no such period of 22 ineligibility if no such accident occurred, and the defendant 23 shall not be required to install an ignition interlock device. 24 (2) A defendant whose alcohol concentration is more than .10 25 shall not be eligible for any temporary restricted license for 26 at least thirty days if a test was obtained, and an accident 27 resulting in personal injury or property damage occurred or the 28 defendant’s alcohol concentration exceeded .15. There shall be 29 no such period of ineligibility if no such accident occurred 30 and the defendant’s alcohol concentration did not exceed .15. 31 In either case, where a defendant’s alcohol concentration is 32 more than .10, the department shall require the defendant to 33 install an ignition interlock device of a type approved by the 34 commissioner of public safety on all vehicles owned or operated 35 -1- LSB 5163YH (4) 86 ns/nh 1/ 15

H.F. 2158 by the defendant if the defendant seeks a temporary restricted 1 license. 2 Sec. 2. Section 321J.4, subsection 1, paragraphs a and b, 3 Code 2016, are amended to read as follows: 4 a. A defendant whose alcohol concentration is .08 or 5 more but not more than .10 shall not be eligible for any 6 temporary restricted license for at least thirty days if 7 a test was obtained and an accident resulting in personal 8 injury or property damage occurred or the defendant’s alcohol 9 concentration exceeded .15 . The There shall be no such 10 period of ineligibility if no such accident occurred and the 11 defendant’s alcohol concentration did not exceed .15. 12 b. Upon revocation, the department shall require the 13 defendant to install an ignition interlock device of a type 14 approved by the commissioner of public safety on all vehicles 15 owned or operated by the defendant if the defendant seeks a 16 temporary restricted license . There shall be no such period of 17 ineligibility if no such accident occurred, and the defendant 18 shall not be required to install an ignition interlock device. 19 b. A defendant whose alcohol concentration is more than .10 20 shall not be eligible for any temporary restricted license for 21 at least thirty days if a test was obtained and an accident 22 resulting in personal injury or property damage occurred or the 23 defendant’s alcohol concentration exceeded .15. There shall be 24 no such period of ineligibility if no such accident occurred 25 and the defendant’s alcohol concentration did not exceed .15. 26 In either case, where a defendant’s alcohol concentration is 27 more than .10, the department shall require the defendant to 28 install an ignition interlock device of a type approved by the 29 commissioner of public safety on all vehicles owned or operated 30 by the defendant if the defendant seeks a temporary restricted 31 license. 32 Sec. 3. Section 321J.4, subsection 2, Code 2016, is amended 33 to read as follows: 34 2. If a defendant is convicted of a violation of section 35 -2- LSB 5163YH (4) 86 ns/nh 2/ 15

H.F. 2158 321J.2 , and the defendant’s driver’s license or nonresident 1 operating privilege has not already been revoked under section 2 321J.9 or 321J.12 for the occurrence from which the arrest 3 arose, the department shall revoke the defendant’s driver’s 4 license or nonresident operating privilege for one year if the 5 defendant submitted to chemical testing and has had a previous 6 conviction or revocation under this chapter and shall revoke 7 the defendant’s driver’s license or nonresident operating 8 privilege for two years if the defendant refused to submit to 9 chemical testing and has had a previous revocation under this 10 chapter . The defendant shall not be eligible for any temporary 11 restricted license for forty-five days after the effective date 12 of revocation if the defendant submitted to chemical testing 13 and 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. The temporary restricted 16 license shall be issued in accordance with section 321J.20, 17 subsection 2 . The Upon revocation, the department shall 18 require the defendant to install an ignition interlock device 19 of a type approved by the commissioner of public safety on all 20 vehicles owned or operated by the defendant if the defendant 21 seeks a temporary restricted license at the end of the minimum 22 period of ineligibility . A temporary restricted license shall 23 not be granted by the department until the defendant installs 24 the ignition interlock device. 25 Sec. 4. Section 321J.4, subsection 3, paragraphs a and b, 26 Code 2016, are amended to read as follows: 27 a. A defendant whose alcohol concentration is .08 or 28 more but not more than .10 shall not be eligible for any 29 temporary restricted license for at least thirty days if 30 a test was obtained and an accident resulting in personal 31 injury or property damage occurred or the defendant’s alcohol 32 concentration exceeded .15 . The There shall be no such 33 period of ineligibility if no such accident occurred and the 34 defendant’s alcohol concentration did not exceed .15. 35 -3- LSB 5163YH (4) 86 ns/nh 3/ 15

H.F. 2158 b. Upon revocation, the department shall require the 1 defendant to install an ignition interlock device of a type 2 approved by the commissioner of public safety on all vehicles 3 owned or operated by the defendant if the defendant seeks a 4 temporary restricted license . There shall be no such period of 5 ineligibility if no such accident occurred, and the defendant 6 shall not be required to install an ignition interlock device. 7 b. A defendant whose alcohol concentration is more than .10 8 shall not be eligible for any temporary restricted license for 9 at least thirty days if a test was obtained and an accident 10 resulting in personal injury or property damage occurred or the 11 defendant’s alcohol concentration exceeded .15. There shall be 12 no such period of ineligibility if no such accident occurred 13 and the defendant’s alcohol concentration did not exceed .15. 14 In either case, where a defendant’s alcohol concentration is 15 more than .10, the department shall require the defendant to 16 install an ignition interlock device of a type approved by the 17 commissioner of public safety on all vehicles owned or operated 18 by the defendant if the defendant seeks a temporary restricted 19 license. 20 Sec. 5. Section 321J.4, subsection 4, Code 2016, is amended 21 to read as follows: 22 4. Upon a plea or verdict of guilty of a third or subsequent 23 violation of section 321J.2 , the department shall revoke the 24 defendant’s driver’s license or nonresident operating privilege 25 for a period of six years. The defendant shall not be eligible 26 for a temporary restricted license for one year after the 27 effective date of the revocation. The Upon revocation, the 28 department shall require the defendant to install an ignition 29 interlock device of a type approved by the commissioner 30 of public safety on all vehicles owned or operated by the 31 defendant if the defendant seeks a temporary restricted license 32 at the end of the minimum period of ineligibility . A temporary 33 restricted license shall not be granted by the department until 34 the defendant installs the ignition interlock device. 35 -4- LSB 5163YH (4) 86 ns/nh 4/ 15

H.F. 2158 Sec. 6. Section 321J.4, subsection 8, paragraph a, Code 1 2016, is amended to read as follows: 2 a. On a conviction for or as a condition of a deferred 3 judgment for a violation of section 321J.2 , the court may shall 4 order the defendant to install ignition interlock devices 5 of a type approved by the commissioner of public safety on 6 all motor vehicles owned or operated by the defendant which, 7 without tampering or the intervention of another person, would 8 prevent the defendant from operating the motor vehicle with an 9 alcohol concentration greater than a level set by rule of the 10 commissioner of public safety. 11 Sec. 7. Section 321J.4, subsection 8, paragraph c, Code 12 2016, is amended to read as follows: 13 c. The order to install ignition interlock devices shall 14 remain in effect for a period of time as determined by the 15 court which shall not exceed the maximum term of imprisonment 16 which the court could have imposed according to the nature of 17 the violation the period of time required by section 321.20A . 18 While the order is in effect, the defendant shall not operate 19 a motor vehicle which does not have an approved ignition 20 interlock device installed. 21 Sec. 8. Section 321J.4B, subsection 5, paragraph d, Code 22 2016, is amended to read as follows: 23 d. The period of impoundment or immobilization of a motor 24 vehicle under this section shall be the period of license 25 revocation imposed upon the person convicted of the offense 26 or one hundred eighty days, whichever period is longer. The 27 impoundment or immobilization period shall commence on the day 28 that the vehicle is first impounded or immobilized. However, 29 the period of time required to have an ignition interlock 30 device installed in the vehicle shall be as provided in section 31 321J.20A. 32 Sec. 9. Section 321J.9, subsection 2, paragraph b, Code 33 2016, is amended to read as follows: 34 b. The Upon revocation, the department shall require the 35 -5- LSB 5163YH (4) 86 ns/nh 5/ 15

H.F. 2158 defendant to install an ignition interlock device of a type 1 approved by the commissioner of public safety on all vehicles 2 owned or operated by the defendant if the defendant seeks a 3 temporary restricted license at the end of the minimum period 4 of ineligibility . A temporary restricted license shall not 5 be granted by the department until the defendant installs the 6 ignition interlock device. 7 Sec. 10. Section 321J.12, subsection 2, Code 2016, is 8 amended to read as follows: 9 2. a. A person whose driver’s license or nonresident 10 operating privileges have been revoked under subsection 1 , 11 paragraph “a” , whose alcohol concentration is .08 or more but 12 not more than .10 shall not be eligible for any temporary 13 restricted license for at least thirty days after the effective 14 date of the revocation if a test was obtained and an accident 15 resulting in personal injury or property damage occurred or 16 the defendant’s alcohol concentration exceeded .15 . The There 17 shall be no such period of ineligibility if no such accident 18 occurred and the defendant’s alcohol concentration did not 19 exceed .15. 20 b. Upon revocation, the department shall require the 21 defendant to install an ignition interlock device of a 22 type approved by the commissioner of public safety on all 23 vehicles owned or operated by the defendant if the defendant 24 seeks a temporary license . There shall be no such period of 25 ineligibility if no such accident occurred, and the defendant 26 shall not be required to install an ignition interlock device. 27 b. A defendant whose alcohol concentration is more than .10 28 shall not be eligible for any temporary restricted license for 29 at least thirty days if a test was obtained and an accident 30 resulting in personal injury or property damage occurred or the 31 defendant’s alcohol concentration exceeded .15. There shall be 32 no such period of ineligibility if no such accident occurred 33 and the defendant’s alcohol concentration did not exceed .15. 34 In either case, where a defendant’s alcohol concentration is 35 -6- LSB 5163YH (4) 86 ns/nh 6/ 15

H.F. 2158 more than .10, the department shall require the defendant to 1 install an ignition interlock device of a type approved by the 2 commissioner of public safety on all vehicles owned or operated 3 by the defendant if the defendant seeks a temporary restricted 4 license. 5 c. If the person is under the age of twenty-one, the person 6 shall not be eligible for a temporary restricted license for at 7 least sixty days after the effective date of the revocation. 8 d. A person whose license or privileges have been revoked 9 under subsection 1 , paragraph “b” , for one year shall not be 10 eligible for any temporary restricted license for forty-five 11 days after the effective date of the revocation, and upon 12 revocation the department shall require the person to install 13 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 at the end of the minimum period of ineligibility . 17 The temporary restricted license shall be issued in accordance 18 with section 321J.20, subsection 2 . A temporary restricted 19 license shall not be granted by the department until the 20 defendant installs the ignition interlock device. 21 Sec. 11. Section 321J.17, subsection 3, Code 2016, is 22 amended to read as follows: 23 3. The department shall also require certification of 24 installation of an ignition interlock device of a type approved 25 by the commissioner of public safety on all motor vehicles 26 owned or operated by any person seeking reinstatement following 27 a second or subsequent revocation under section 321J.4 , 28 321J.9 , or 321J.12 . The requirement for the installation of 29 an approved ignition interlock device shall be for one year 30 from the date of reinstatement unless a longer time period is 31 required by statute the period of time required under section 32 321J.20A . The one-year period a person is required to maintain 33 an ignition interlock device under this subsection shall be 34 reduced by any period of time the person held a valid temporary 35 -7- LSB 5163YH (4) 86 ns/nh 7/ 15

H.F. 2158 restricted license during the period of the revocation for 1 the occurrence from which the arrest arose. The person shall 2 not operate any motor vehicle which is not equipped with an 3 approved ignition interlock device during the period in which 4 an ignition interlock device must be maintained, and the 5 department shall not grant reinstatement unless the person 6 certifies installation of an ignition interlock device as 7 required in this subsection . 8 Sec. 12. Section 321J.20, subsection 1, paragraph d, Code 9 2016, is amended to read as follows: 10 d. Following the applicable minimum period of ineligibility, 11 a temporary restricted license under this subsection shall not 12 be issued until unless the applicant installs has installed 13 an ignition interlock device of a type approved by the 14 commissioner of public safety on all motor vehicles owned or 15 operated by the applicant in accordance with section 321J.2 , 16 321J.4 , 321J.9 , or 321J.12 . Installation of an ignition 17 interlock device under this subsection shall be required for 18 the period of time for which the temporary restricted license 19 is issued and for such additional period of time following 20 reinstatement as is required under section 321J.17, subsection 21 3 provided under section 321J.20A . 22 Sec. 13. Section 321J.20, subsection 2, paragraph b, Code 23 2016, is amended to read as follows: 24 b. A temporary restricted license issued under this 25 subsection shall not be issued until unless the applicant 26 installs has installed an approved ignition interlock device 27 on all motor vehicles owned or operated by the applicant. 28 Installation of an ignition interlock device under this 29 subsection shall be required for the period of time for 30 which the temporary restricted license is issued, and for 31 such additional period of time following reinstatement as is 32 required under section 321J.17, subsection 3 provided under 33 section 321J.20A . However, a person whose driver’s license or 34 nonresident operating privilege has been revoked under section 35 -8- LSB 5163YH (4) 86 ns/nh 8/ 15

H.F. 2158 321J.21 may apply to the department for a temporary restricted 1 license without the requirement of an ignition interlock device 2 if at least twelve years have elapsed since the end of the 3 underlying revocation period for a first violation of section 4 321J.2 . 5 Sec. 14. NEW SECTION . 321J.20A Ignition interlock devices 6 —— duration of requirements —— indigent user fund. 7 1. a. An ignition interlock device installed in a motor 8 vehicle pursuant to this chapter shall be installed in the 9 vehicle for as long as the defendant is the owner or operator 10 of the vehicle, except as follows: 11 (1) If the ignition interlock device was installed as a 12 result of the defendant’s first offense or revocation under 13 this chapter and a test was obtained, the device shall be 14 uninstalled one hundred eighty days after the later of the 15 following: 16 (a) The date the defendant’s license was revoked. 17 (b) The date the defendant last failed a test or retest 18 by the device because the defendant’s alcohol concentration 19 exceeded the limit established under 661 IAC 158.6. 20 (c) The date the defendant last failed to maintain the 21 device as required under 661 IAC ch. 158. 22 (2) If the ignition interlock device was installed as a 23 result of the defendant’s first offense or revocation under 24 this chapter and a test was refused, the device shall be 25 uninstalled one hundred eighty days after the later of the 26 following: 27 (a) The date the defendant’s license revocation period 28 ends. 29 (b) The date the defendant last failed a test or retest 30 by the device because the defendant’s alcohol concentration 31 exceeded the limit established under 661 IAC 158.6. 32 (c) The date the defendant last failed to maintain the 33 device as required by 661 IAC ch. 158. 34 b. An ignition interlock device shall not be uninstalled 35 -9- LSB 5163YH (4) 86 ns/nh 9/ 15

H.F. 2158 under this section if the defendant has been convicted of 1 a second or subsequent violation of section 321J.2, if the 2 defendant’s license has been revoked for a second or subsequent 3 time under this chapter, or if the defendant has been convicted 4 of tampering with or circumventing an ignition interlock 5 device. 6 c. The department of public safety, in consultation with the 7 department, may adopt rules to administer this subsection. 8 2. a. An ignition interlock indigent user fund is created 9 in the state treasury. The fund shall be administered by 10 the department and shall consist of moneys collected by the 11 department under this subsection. The moneys in the fund are 12 appropriated to and shall be used by the department to assist 13 indigent users of ignition interlock devices in paying for the 14 use of the devices. Notwithstanding section 8.33, moneys in 15 the fund at the end of each fiscal year shall not revert to any 16 other fund but shall remain in the fund for expenditure for 17 subsequent fiscal years. 18 b. Each month, the department shall assess an ignition 19 interlock user fee to each user of an ignition interlock 20 device. All ignition interlock user fees shall be collected by 21 the department and deposited in the ignition interlock indigent 22 user fund. The amount of the monthly ignition interlock user 23 fee shall be set by the department so that the moneys in the 24 ignition interlock indigent user fund are sufficient to assist 25 all indigent users of ignition interlock devices in paying for 26 the use of the devices. 27 c. A person is indigent for the purposes of this subsection 28 if any of the following apply: 29 (1) The person has an income level at or below one hundred 30 twenty-five percent of the United States poverty level as 31 defined by the most recently revised poverty income guidelines 32 published by the United States department of health and human 33 services, and the department determines that the person is 34 unable to pay for the cost of an ignition interlock device. In 35 -10- LSB 5163YH (4) 86 ns/nh 10/ 15

H.F. 2158 making the determination of a person’s ability to pay for the 1 cost of a device, the department shall consider not only the 2 person’s income, but also the person’s other assets, including 3 but not limited to cash, stocks, bonds, and any other property. 4 (2) The person has an income level greater than one hundred 5 twenty-five percent, but at or below two hundred percent, of 6 the most recently revised poverty income guidelines published 7 by the United States department of health and human services, 8 and the department determines that paying for the ignition 9 interlock device would cause the person substantial hardship. 10 In determining whether substantial hardship would result, the 11 department shall consider not only the person’s income, but 12 also the person’s other assets, including but not limited to 13 cash, stocks, bonds, and any other property. 14 d. The department shall adopt rules to administer this 15 subsection, including but not limited to the manner used to 16 determine the monthly ignition interlock user fee and the 17 accepted form and manner in which a person may demonstrate 18 indigency. 19 Sec. 15. SOBRIETY MONITORING PILOT PROGRAMS. 20 1. The department of public health, in collaboration 21 with the department of corrections, the department of public 22 safety, and the department of transportation, may approve an 23 application from a county for a countywide sobriety monitoring 24 pilot program that is available twenty-four hours per day, 25 seven days per week, in an effort to reduce the number of 26 crimes related to operating while intoxicated. One application 27 shall be approved for a county with a population of two hundred 28 thousand people or more, one application shall be approved 29 for a county with a population of one hundred thousand people 30 or more but less than two hundred thousand people, and one 31 application shall be approved for a county with a population of 32 less than one hundred thousand people. 33 2. A sobriety monitoring pilot program shall do all of the 34 following: 35 -11- LSB 5163YH (4) 86 ns/nh 11/ 15

H.F. 2158 a. Require a person who has been charged with, pled guilty 1 to, or been convicted of a violation of section 321J.2 to 2 abstain from all chemical substances for a period of time. 3 b. Require the person to be subject to testing to determine 4 whether a chemical substance is present in the person’s body 5 in the following manner: 6 (1) At least twice per day at a central location where an 7 immediate sanction can be applied. 8 (2) Where testing under subparagraph (1) is impractical, by 9 continuous transdermal or electronic monitoring. 10 c. Apply sanctions when test results definitively, and 11 without presumption, indicate the presence of chemical 12 substances. 13 d. Require a person participating in the program to pay 14 program costs, including costs of installation, monitoring, and 15 deactivation of any testing devices. 16 e. Require the person to install an ignition interlock 17 device of a type approved by the commissioner of public safety 18 on all vehicles owned or operated by the person, and require 19 the person to pay the costs associated with the installation 20 and use of the ignition interlock device. 21 3. A court in a county that has established a pilot program 22 pursuant to this section may order a defendant, as a condition 23 of pretrial release, probation, or bond, to participate in the 24 program. 25 4. An approved pilot program shall begin on January 15, 26 2017, or upon the effective date of department rules, whichever 27 is earlier, and shall be conducted for a minimum of one year. 28 5. The department of public health shall adopt rules 29 pursuant to chapter 17A to implement this section including 30 but not limited to provisions relating to applications for, 31 approval of, costs of, and oversight of the pilot programs and 32 reporting requirements for participating counties. 33 6. The department of public health shall submit a report on 34 the results of the pilot programs and make recommendations to 35 -12- LSB 5163YH (4) 86 ns/nh 12/ 15

H.F. 2158 the general assembly by December 15, 2018. 1 7. For the purposes of this section, “chemical substance” 2 means alcohol, wine, spirits, and beer as defined in section 3 123.3 and controlled substances as defined in section 124.101. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Current law requires a person guilty of operating while 8 intoxicated (OWI) to install an ignition interlock device in 9 the person’s vehicle if the person seeks a temporary restricted 10 license, unless the person’s alcohol concentration was less 11 than .10 and no accident occurred. This bill strikes that 12 exception, and also requires a person guilty of OWI to install 13 an ignition interlock device in the person’s vehicle upon the 14 revocation of the person’s driver’s license rather than upon 15 the person’s application for a temporary restricted license. 16 Under current law, an ignition interlock device is required 17 to be installed in a person’s vehicle for the period of time 18 for which the person’s temporary restricted license is issued, 19 and up to one additional year after license reinstatement if 20 the person has two or more OWI revocations. The bill requires 21 the permanent installation of an ignition interlock device with 22 two exceptions. If the ignition interlock device was installed 23 as a result of the person’s first OWI offense or revocation and 24 a test was obtained, the device shall be uninstalled 180 days 25 after the person’s license was revoked, the person last failed 26 a test by the ignition interlock device, or the defendant last 27 failed to maintain the device as required, whichever is latest. 28 If the ignition interlock device was installed as a result of 29 the person’s first OWI offense or revocation and a test was 30 refused, the device shall be uninstalled 180 days after the 31 person’s license revocation period is over, the person last 32 failed a test by the ignition interlock device, or the person 33 last failed to maintain the device as required, whichever is 34 latest. 35 -13- LSB 5163YH (4) 86 ns/nh 13/ 15

H.F. 2158 The bill provides an ignition interlock device shall not 1 be uninstalled if the person has been convicted of a second 2 or subsequent OWI violation, if the person’s license has been 3 revoked for a second or subsequent time, or if the person has 4 been convicted of tampering with or circumventing an ignition 5 interlock device. 6 The bill requires the department of transportation (DOT) 7 to assess a monthly ignition interlock user fee to each user 8 of an ignition interlock device. All ignition interlock user 9 fees will be collected by the DOT and deposited in an ignition 10 interlock indigent user fund (IIIUF). The bill requires the 11 DOT to use the moneys in the IIIUF to assist indigent users 12 of ignition interlock devices in paying for the use of the 13 devices. The amount of the monthly ignition interlock user fee 14 shall be set by the DOT so that the moneys in the IIIUF are 15 sufficient to assist all indigent users of ignition interlock 16 devices in paying for the use of the devices. 17 Under the bill, a person is indigent if the person has an 18 income level at or below 125 percent of the U.S. poverty level 19 and the person is unable to pay for the cost of an ignition 20 interlock device. A person is also indigent if the person has 21 an income level greater than 125 percent, but at or below 200 22 percent, of the U.S. poverty level and paying for the ignition 23 interlock device would cause the person substantial hardship. 24 The bill provides for county sobriety monitoring pilot 25 programs. The bill allows the department of public health 26 (DPH), in collaboration with the department of corrections, 27 the department of public safety, and the DOT, to approve 28 applications from counties for countywide sobriety monitoring 29 pilot programs. The programs are to be available 24 hours per 30 day, seven days per week, in an effort to reduce the number 31 of crimes related to OWI. One application shall be approved 32 for a county with a population of 200,000 people or more, one 33 application shall be approved for a county with a population of 34 100,000 people or more but less than 200,000 people, and one 35 -14- LSB 5163YH (4) 86 ns/nh 14/ 15

H.F. 2158 application shall be approved for a county with a population of 1 less than 100,000 people. 2 The programs shall require individuals charged with or 3 convicted of OWI to abstain from all chemical substances for 4 a period of time. The programs are to require testing to 5 determine whether a chemical substance is present at least 6 twice per day at a central location where an immediate sanction 7 can be applied or, where such testing is impractical, by 8 continuous transdermal or electronic monitoring. The programs 9 shall also apply sanctions when test results definitively 10 indicate the presence of a chemical substance. The programs 11 shall require participants to pay program costs and to install 12 an ignition interlock device. 13 A court in a county that has established a pilot program 14 may order a defendant, as a condition of pretrial release, 15 probation, or bond, to participate in the program. Approved 16 pilot programs shall begin January 15, 2017, or upon the 17 effective date of DPH rules, whichever is earlier, and shall 18 be conducted for a minimum of one year. The DPH is to adopt 19 rules to implement the programs, including but not limited to 20 provisions relating to applications for, approval of, costs of, 21 and oversight of the pilot programs and reporting requirements 22 for participating counties. The DPH is directed to submit 23 a report on the results of the pilot programs and make 24 recommendations to the general assembly by December 15, 2018. 25 -15- LSB 5163YH (4) 86 ns/nh 15/ 15