H.F. 2011 Section 1. Section 321.12, subsection 4, Code 2018, is 1 amended to read as follows: 2 4. The director shall not destroy any operating records 3 pertaining to arrests or convictions for operating while 4 intoxicated , in violation of section 321J.2 , or operating 5 records pertaining to revocations for violations of section 6 321J.2A , except that a conviction or revocation under section 7 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 8 shall be deleted from the operating records twelve twenty-five 9 years after the date of conviction or the effective date of 10 revocation. Convictions or revocations that are retained in 11 the operating records for more than twelve twenty-five years 12 under this subsection shall be considered only for purposes of 13 disqualification actions under 49 C.F.R. pt. 383 . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, Code section 321J.2 (operating a motor 18 vehicle while under the influence of alcohol or a drug or while 19 having an alcohol concentration of .08 or more) provides that 20 in determining whether an operating-while-intoxicated violation 21 charged is a second or subsequent offense, any conviction 22 or revocation deleted from motor vehicle operating records 23 pursuant to Code section 321.12 is prohibited from being 24 considered as a previous offense. Code section 321.12 requires 25 the department of transportation to destroy motor vehicle 26 operating records pertaining to arrests, convictions, and 27 driver’s license revocations for operating-while-intoxicated 28 offenses 12 years after the date of conviction or the effective 29 date of revocation unless the operating record is subject to 30 federal commercial motor vehicle regulations. 31 This bill amends Code section 321.12 to increase the record 32 retention period from 12 years to 25 years. 33 -1- LSB 5156YH (2) 87 ns/rh 1/ 1