House File 2120 - Introduced HOUSE FILE 2120 BY SALMON A BILL FOR An Act relating to ignition interlock devices in motor vehicles 1 of operating-while-intoxicated offenders, including 2 provisions relating to driver’s license revocations, the 3 issuance of temporary restricted licenses, and the creation 4 of an ignition interlock device indigent user fund, and 5 providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5148YH (7) 87 ns/rh

H.F. 2120 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2018, is amended to read as follows: 2 d. Revocation of the person’s driver’s license for a minimum 3 period of one hundred eighty days up to a maximum revocation 4 period of one year, pursuant to section 321J.4, subsection 5 1 , section 321J.9 , or section 321J.12 , subsection 2 . If a 6 revocation occurs due to test refusal under section 321J.9 , 7 the defendant shall be ineligible for a temporary restricted 8 license for a minimum period of ninety days. 9 (1) A defendant whose alcohol concentration is .08 or more 10 but not more than .10 shall not be eligible for any temporary 11 restricted license for at least thirty days if a test was 12 obtained and an accident resulting in personal injury or 13 property damage occurred. The department shall require the 14 defendant to install an ignition interlock device of a type 15 approved by the commissioner of public safety on all vehicles 16 owned or operated by the defendant if the defendant seeks a 17 temporary restricted license. There shall be no such period of 18 ineligibility if no such accident occurred, and the defendant 19 shall not be required to install an ignition interlock device. 20 (2) A defendant whose alcohol concentration is more than .10 21 shall not be eligible for any temporary restricted license for 22 at least thirty days if a test was obtained, and an accident 23 resulting in personal injury or property damage occurred or the 24 defendant’s alcohol concentration exceeded .15. There shall be 25 no such period of ineligibility if no such accident occurred 26 and the defendant’s alcohol concentration did not exceed .15. 27 In either case, where a defendant’s alcohol concentration is 28 more than .10, the department shall require the defendant to 29 install an ignition interlock device of a type approved by the 30 commissioner of public safety on all vehicles owned or operated 31 by the defendant if the defendant seeks a temporary restricted 32 license. 33 Sec. 2. Section 321J.4, subsection 1, paragraphs a and b, 34 Code 2018, are amended to read as follows: 35 -1- LSB 5148YH (7) 87 ns/rh 1/ 14

H.F. 2120 a. A defendant whose alcohol concentration is .08 or more 1 but not more than .10 shall not be eligible for any temporary 2 restricted license for at least thirty days if a test was 3 obtained and an accident resulting in personal injury or 4 property damage occurred or if a test was obtained and the 5 defendant’s alcohol concentration exceeded .15 . The There 6 shall be no such period of ineligibility if no such accident 7 occurred and the defendant’s alcohol concentration did not 8 exceed .15. 9 b. Upon revocation, the department shall require the 10 defendant to install an ignition interlock device of a type 11 approved by the commissioner of public safety on all vehicles 12 owned or operated by the defendant if the defendant seeks a 13 temporary restricted license . There shall be no such period of 14 ineligibility if no such accident occurred, and the defendant 15 shall not be required to install an ignition interlock device. 16 b. A defendant whose alcohol concentration is more than .10 17 shall not be eligible for any temporary restricted license for 18 at least thirty days if a test was obtained and an accident 19 resulting in personal injury or property damage occurred or the 20 defendant’s alcohol concentration exceeded .15. There shall be 21 no such period of ineligibility if no such accident occurred 22 and the defendant’s alcohol concentration did not exceed .15. 23 In either case, where a defendant’s alcohol concentration is 24 more than .10, the department shall require the defendant to 25 install an ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned or operated 27 by the defendant if the defendant seeks a temporary restricted 28 license. 29 Sec. 3. Section 321J.4, subsection 2, Code 2018, is amended 30 to read as follows: 31 2. If a defendant is convicted of a violation of section 32 321J.2 , and the defendant’s driver’s license or nonresident 33 operating privilege has not already been revoked under section 34 321J.9 or 321J.12 for the occurrence from which the arrest 35 -2- LSB 5148YH (7) 87 ns/rh 2/ 14

H.F. 2120 arose, the department shall revoke the defendant’s driver’s 1 license or nonresident operating privilege for one year if the 2 defendant submitted to chemical testing and has had a previous 3 conviction or revocation under this chapter and shall revoke 4 the defendant’s driver’s license or nonresident operating 5 privilege for two years if the defendant refused to submit to 6 chemical testing and has had a previous revocation under this 7 chapter . The defendant shall not be eligible for any temporary 8 restricted license for forty-five days after the effective date 9 of revocation if the defendant submitted to chemical testing 10 and shall not be eligible for any temporary restricted license 11 for ninety days after the effective date of revocation if the 12 defendant refused chemical testing. The temporary restricted 13 license shall be issued in accordance with section 321J.20, 14 subsection 2 . The Upon revocation, the department shall 15 require the defendant to install an ignition interlock device 16 of a type approved by the commissioner of public safety on all 17 vehicles owned or operated by the defendant if the defendant 18 seeks a temporary restricted license at the end of the minimum 19 period of ineligibility . A temporary restricted license shall 20 not be granted by the department until the defendant installs 21 the ignition interlock device. 22 Sec. 4. Section 321J.4, subsection 3, paragraphs a and b, 23 Code 2018, are amended to read as follows: 24 a. A defendant whose alcohol concentration is .08 or more 25 but not more than .10 shall not be eligible for any temporary 26 restricted license for at least thirty days if a test was 27 obtained and an accident resulting in personal injury or 28 property damage occurred or if a test was obtained and the 29 defendant’s alcohol concentration exceeded .15 . The There 30 shall be no such period of ineligibility if no such accident 31 occurred and the defendant’s alcohol concentration did not 32 exceed .15. 33 b. Upon revocation, the department shall require the 34 defendant to install an ignition interlock device of a type 35 -3- LSB 5148YH (7) 87 ns/rh 3/ 14

H.F. 2120 approved by the commissioner of public safety on all vehicles 1 owned or operated by the defendant if the defendant seeks a 2 temporary restricted license . There shall be no such period of 3 ineligibility if no such accident occurred, and the defendant 4 shall not be required to install an ignition interlock device. 5 b. A defendant whose alcohol concentration is more than .10 6 shall not be eligible for any temporary restricted license for 7 at least thirty days if a test was obtained and an accident 8 resulting in personal injury or property damage occurred or the 9 defendant’s alcohol concentration exceeded .15. There shall be 10 no such period of ineligibility if no such accident occurred 11 and the defendant’s alcohol concentration did not exceed .15. 12 In either case, where a defendant’s alcohol concentration is 13 more than .10, the department shall require the defendant to 14 install an ignition interlock device of a type approved by the 15 commissioner of public safety on all vehicles owned or operated 16 by the defendant if the defendant seeks a temporary restricted 17 license. 18 Sec. 5. Section 321J.4, subsection 4, Code 2018, is amended 19 to read as follows: 20 4. Upon a plea or verdict of guilty of a third or subsequent 21 violation of section 321J.2 , the department shall revoke the 22 defendant’s driver’s license or nonresident operating privilege 23 for a period of six years. The defendant shall not be eligible 24 for a temporary restricted license for one year after the 25 effective date of the revocation. The department shall require 26 the defendant to install an ignition interlock device of a type 27 approved by the commissioner of public safety on all vehicles 28 owned or operated by the defendant if the defendant seeks a 29 temporary restricted license at the end of the minimum period 30 of ineligibility . A temporary restricted license shall not 31 be granted by the department until the defendant installs the 32 ignition interlock device. 33 Sec. 6. Section 321J.4, subsection 8, paragraphs a, b, and 34 c, Code 2018, are amended to read as follows: 35 -4- LSB 5148YH (7) 87 ns/rh 4/ 14

H.F. 2120 a. On a conviction for or as a condition of a deferred 1 judgment for a violation of section 321J.2 , the court may shall 2 order the defendant to install ignition interlock devices 3 of a type approved by the commissioner of public safety on 4 all motor vehicles owned or operated by the defendant which, 5 without tampering or the intervention of another person, would 6 prevent the defendant from operating the motor vehicle with an 7 alcohol concentration greater than a level set by rule of the 8 commissioner of public safety. 9 b. The commissioner of public safety shall adopt rules to 10 approve certain ignition interlock devices and the means of 11 installation of the devices, and shall establish the level 12 of alcohol concentration beyond which an ignition interlock 13 device will not allow operation of the motor vehicle in which 14 it is installed. The rules shall require the devices to be 15 equipped with a camera and a global positioning system of a 16 type approved by the commissioner, and shall also require 17 the devices to obtain a digital image of the driver when the 18 device requests a test, record the location of the test, and 19 transmit the image, the location data, and a notification of 20 any failed test result in real-time to the device’s vendor, the 21 department, or the department’s designee. 22 c. The order to install ignition interlock devices shall 23 remain in effect for a the period of time as determined by the 24 court which shall not exceed the maximum term of imprisonment 25 which the court could have imposed according to the nature of 26 the violation required by section 321.20A . While the order 27 is in effect, the defendant shall not operate a motor vehicle 28 which does not have an approved ignition interlock device 29 installed. 30 Sec. 7. Section 321J.9, subsection 2, paragraph b, Code 31 2018, is amended to read as follows: 32 b. The department shall require the defendant to install 33 an ignition interlock device of a type approved by the 34 commissioner of public safety on all vehicles owned or operated 35 -5- LSB 5148YH (7) 87 ns/rh 5/ 14

H.F. 2120 by the defendant if the defendant seeks a temporary restricted 1 license at the end of the minimum period of ineligibility upon 2 revocation of the defendant’s driver’s license . A temporary 3 restricted license shall not be granted by the department until 4 the defendant installs the ignition interlock device. 5 Sec. 8. Section 321J.12, subsection 2, paragraphs a, b, and 6 d, Code 2018, are amended to read as follows: 7 a. A person whose driver’s license or nonresident operating 8 privileges have been revoked under subsection 1 , paragraph 9 “a” , whose alcohol concentration is .08 or more but not more 10 than .10 shall not be eligible for any temporary restricted 11 license for at least thirty days after the effective date of 12 the revocation if a test was obtained and an accident resulting 13 in personal injury or property damage occurred or if a test was 14 obtained and the defendant’s alcohol concentration exceeded 15 .15 . The There shall be no such period of ineligibility 16 if no such accident occurred and the defendant’s alcohol 17 concentration did not exceed .15. 18 b. Upon revocation, the department shall require the 19 defendant to install an ignition interlock device of a 20 type approved by the commissioner of public safety on all 21 vehicles owned or operated by the defendant if the defendant 22 seeks a temporary license . There shall be no such period of 23 ineligibility if no such accident occurred, and the defendant 24 shall not be required to install an ignition interlock device. 25 b. A defendant whose alcohol concentration is more than .10 26 shall not be eligible for any temporary restricted license for 27 at least thirty days if a test was obtained and an accident 28 resulting in personal injury or property damage occurred or the 29 defendant’s alcohol concentration exceeded .15. There shall be 30 no such period of ineligibility if no such accident occurred 31 and the defendant’s alcohol concentration did not exceed .15. 32 In either case, where a defendant’s alcohol concentration is 33 more than .10, the department shall require the defendant to 34 install an ignition interlock device of a type approved by the 35 -6- LSB 5148YH (7) 87 ns/rh 6/ 14

H.F. 2120 commissioner of public safety on all vehicles owned or operated 1 by the defendant if the defendant seeks a temporary restricted 2 license. 3 d. A person whose license or privileges have been revoked 4 under subsection 1 , paragraph “b” , for one year shall not be 5 eligible for any temporary restricted license for forty-five 6 days after the effective date of the revocation, and the 7 department shall require the person to install an ignition 8 interlock device of a type approved by the commissioner 9 of public safety on all vehicles owned or operated by the 10 defendant if the defendant seeks a temporary restricted 11 license at the end of the minimum period of ineligibility . The 12 temporary restricted license shall be issued in accordance with 13 section 321J.20, subsection 2 . A temporary restricted license 14 shall not be granted by the department until the defendant 15 installs the ignition interlock device. 16 Sec. 9. Section 321J.17, subsection 3, Code 2018, is amended 17 to read as follows: 18 3. The department shall also require certification of 19 installation of an ignition interlock device of a type approved 20 by the commissioner of public safety on all motor vehicles 21 owned or operated by any person seeking reinstatement following 22 a second or subsequent revocation under section 321J.4 , 23 321J.9 , or 321J.12 . The requirement for the installation of 24 an approved ignition interlock device shall be for one year 25 from the date of reinstatement unless a longer time period is 26 required by statute the period of time required under section 27 321J.20A . The one-year period a person is required to maintain 28 an ignition interlock device under this subsection shall be 29 reduced by any period of time the person held a valid temporary 30 restricted license during the period of the revocation for 31 the occurrence from which the arrest arose. The person shall 32 not operate any motor vehicle which is not equipped with an 33 approved ignition interlock device during the period in which 34 an ignition interlock device must be maintained, and the 35 -7- LSB 5148YH (7) 87 ns/rh 7/ 14

H.F. 2120 department shall not grant reinstatement unless the person 1 certifies installation of an ignition interlock device as 2 required in this subsection . 3 Sec. 10. Section 321J.20, subsection 1, paragraph d, Code 4 2018, is amended to read as follows: 5 d. Following the applicable minimum period of ineligibility, 6 a temporary restricted license under this subsection shall not 7 be issued until unless the applicant installs has installed 8 an ignition interlock device of a type approved by the 9 commissioner of public safety on all motor vehicles owned or 10 operated by the applicant in accordance with section 321J.2 , 11 321J.4 , 321J.9 , or 321J.12 . Installation of an ignition 12 interlock device under this subsection shall be required for 13 the period of time for which the temporary restricted license 14 is issued and for such additional period of time following 15 reinstatement as is required under section 321J.17, subsection 16 3 required under section 321J.20A . 17 Sec. 11. Section 321J.20, subsection 2, paragraph b, Code 18 2018, is amended to read as follows: 19 b. A temporary restricted license issued under this 20 subsection shall not be issued until unless the applicant 21 installs has installed an approved ignition interlock device 22 on all motor vehicles owned or operated by the applicant. 23 Installation of an ignition interlock device under this 24 subsection shall be required for the period of time for 25 which the temporary restricted license is issued, and for 26 such additional period of time following reinstatement as is 27 required under section 321J.17, subsection 3 required under 28 section 321J.20A . However, a person whose driver’s license or 29 nonresident operating privilege has been revoked under section 30 321J.21 may apply to the department for a temporary restricted 31 license without the requirement of an ignition interlock device 32 if at least twelve years have elapsed since the end of the 33 underlying revocation period for a violation of section 321J.2 . 34 Sec. 12. NEW SECTION . 321J.20A Ignition interlock devices 35 -8- LSB 5148YH (7) 87 ns/rh 8/ 14

H.F. 2120 —— duration of requirements —— indigent user fund. 1 1. a. An ignition interlock device installed in a motor 2 vehicle as required by this chapter shall be installed in the 3 vehicle for as long as the defendant is the owner or operator 4 of the vehicle, except as provided in this subsection. 5 b. If an ignition interlock device was installed in a 6 motor vehicle as a result of the defendant’s first offense 7 or revocation under this chapter, the device shall be 8 uninstalled after the later of the following, as certified to 9 the department from the defendant’s ignition interlock device 10 vendor on a form provided or approved by the department: 11 (1) Two years after the date the defendant’s driver’s 12 license revocation period ends. 13 (2) One hundred eighty days after the date the defendant 14 last attempted to start a vehicle while the defendant’s alcohol 15 concentration exceeded the limit established under 661 IAC 16 158.6 or last failed a test or retest by a device because 17 the defendant’s alcohol concentration exceeded the limit 18 established under 661 IAC 158.6. 19 (3) One hundred eighty days after the date the defendant 20 last failed to appear at an ignition interlock device vendor 21 service center location for required maintenance, repair, 22 calibration, or replacement of a device, or otherwise failed to 23 maintain a device as required under 661 IAC ch. 158. 24 c. Notwithstanding paragraph “b” , an ignition interlock 25 device installed in a motor vehicle as required by this chapter 26 shall not be uninstalled if the defendant has been convicted of 27 tampering with or circumventing an ignition interlock device. 28 2. Upon revocation, and at such times as the department may 29 require by rule, a defendant shall certify to the department 30 that the defendant has installed an approved ignition 31 interlock device in all motor vehicles owned or operated by 32 the defendant. The department may adopt rules relating to the 33 form, manner, and circumstances under which a defendant is 34 required to submit a certification to the department that the 35 -9- LSB 5148YH (7) 87 ns/rh 9/ 14

H.F. 2120 defendant has installed an approved ignition interlock device 1 in all motor vehicles owned or operated by the defendant. 2 3. a. An ignition interlock device indigent user fund is 3 created in the state treasury. The fund shall be administered 4 by the department and shall consist of moneys collected by the 5 department under this subsection. The moneys in the fund are 6 appropriated to and shall be used by the department to assist 7 indigent users of ignition interlock devices in paying for the 8 use of the devices. Notwithstanding section 8.33, moneys in 9 the fund at the end of each fiscal year shall not revert to any 10 other fund but shall remain in the fund for expenditure for 11 subsequent fiscal years. 12 b. Each month, the department shall assess an ignition 13 interlock device user fee to each user of an ignition interlock 14 device. All ignition interlock device user fees shall be 15 collected by the department and deposited in the ignition 16 interlock device indigent user fund. The amount of the 17 monthly ignition interlock device user fee shall be set by the 18 department so that the moneys in the ignition interlock device 19 indigent user fund are sufficient to assist all indigent users 20 of ignition interlock devices in paying for the use of the 21 devices. 22 c. A person is indigent for the purposes of this subsection 23 if any of the following apply: 24 (1) The person has an income level at or below one hundred 25 twenty-five percent of the United States poverty level as 26 defined by the most recently revised poverty income guidelines 27 published by the United States department of health and human 28 services, and the state department of transportation determines 29 that the person is unable to pay for the cost of an ignition 30 interlock device. In making the determination of a person’s 31 ability to pay for the cost of a device, the department shall 32 consider not only the person’s income, but also the person’s 33 other assets, including but not limited to cash, stocks, bonds, 34 and any other property. 35 -10- LSB 5148YH (7) 87 ns/rh 10/ 14

H.F. 2120 (2) The person has an income level greater than one hundred 1 twenty-five percent, but at or below two hundred percent, of 2 the United States poverty level as defined by the most recently 3 revised poverty income guidelines published by the United 4 States department of health and human services, and the state 5 department of transportation determines that paying for the 6 ignition interlock device would cause the person substantial 7 hardship. In determining whether substantial hardship would 8 result, the department shall consider not only the person’s 9 income, but also the person’s other assets, including but not 10 limited to cash, stocks, bonds, and any other property. 11 d. The department shall adopt rules to administer this 12 subsection, including but not limited to the manner used to 13 determine the monthly ignition interlock device user fee and 14 the accepted form and manner in which a person may demonstrate 15 indigency. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill requires an operating-while-intoxicated (OWI) 20 defendant to install ignition interlock devices in all motor 21 vehicles owned or operated by the defendant upon revocation 22 of the defendant’s driver’s license. The bill also requires 23 courts to order an OWI defendant to install ignition interlock 24 devices in all motor vehicles owned or operated by the 25 defendant upon a conviction for or as a condition of a deferred 26 judgment for an OWI violation. The bill amends provisions 27 relating to driver’s license revocations and eligibility for 28 issuance of temporary restricted licenses to reflect these 29 requirements. The bill reorganizes such provisions but does 30 not otherwise alter the requirements relating to driver’s 31 license revocations and eligibility for issuance of temporary 32 restricted licenses provided under current law. 33 The bill requires the commissioner of public safety to adopt 34 rules requiring ignition interlock devices to be equipped with 35 -11- LSB 5148YH (7) 87 ns/rh 11/ 14

H.F. 2120 a camera and a global positioning system of a type approved by 1 the commissioner, and to adopt rules requiring the devices to 2 obtain a digital image of the driver when the device requests 3 a test, record the location of the test, and transmit the 4 image, the location data, and a notification of any failed test 5 result in real-time to the device’s vendor, the department of 6 transportation (DOT), or the DOT’s designee. 7 The bill provides that an ignition interlock device 8 installed in a motor vehicle as required by Code chapter 321J 9 (operating-while-intoxicated) must be installed in the vehicle 10 for as long as the defendant is the owner or operator of the 11 vehicle, with one exception. If an ignition interlock device 12 was installed in a motor vehicle as a result of the defendant’s 13 first OWI offense or revocation, the device shall be 14 uninstalled after the later of the following, as certified to 15 the DOT from the defendant’s ignition interlock device vendor 16 on a form provided or approved by the DOT: two years after 17 the date the defendant’s driver’s license revocation period 18 ends, 180 days after the date the defendant last attempted to 19 start a vehicle while the defendant’s alcohol concentration 20 exceeded the established limit or last failed a test or retest 21 by a device because the defendant’s alcohol concentration 22 exceeded the established limit, or 180 days after the date 23 the defendant last failed to appear at an ignition interlock 24 device vendor service center location for required maintenance, 25 repair, calibration, or replacement of a device, or otherwise 26 failed to maintain a device as required. Under current law, 27 the established alcohol concentration limit for a test by an 28 ignition interlock device is .025. However, the bill provides 29 that an ignition interlock device installed in a motor vehicle 30 shall not be uninstalled if the defendant has been convicted of 31 tampering with or circumventing an ignition interlock device. 32 The bill requires that upon revocation, and at such times 33 as the DOT may require by rule, a defendant must certify to 34 the DOT that the defendant has installed an approved ignition 35 -12- LSB 5148YH (7) 87 ns/rh 12/ 14

H.F. 2120 interlock device in all motor vehicles owned or operated by the 1 defendant. 2 Under current law, in any circumstance in which Code chapter 3 321J requires the installation of an ignition interlock device 4 in all vehicles owned or operated by a person as a condition 5 of the person’s license or privilege to operate noncommercial 6 motor vehicles, the DOT must require the person to be a 7 participant in and in compliance with a sobriety and drug 8 monitoring program established pursuant to Code chapter 901D if 9 the person’s offense qualifies as an eligible offense and the 10 person’s offense occurred in a participating jurisdiction. 11 The bill provides for an ignition interlock device indigent 12 user fund administered by the DOT consisting of moneys 13 collected by the DOT under the bill. The bill appropriates 14 the moneys in the fund for use by the DOT to assist indigent 15 users of ignition interlock devices in paying for the use of 16 the devices. Each month, the DOT is required to assess an 17 ignition interlock device user fee to each user of an ignition 18 interlock device. All ignition interlock device user fees must 19 be collected by the DOT and deposited in the ignition interlock 20 device indigent user fund. The amount of the monthly ignition 21 interlock device user fee shall be set by the DOT so that the 22 moneys in the ignition interlock device indigent user fund are 23 sufficient to assist all indigent users of ignition interlock 24 device devices in paying for the use of the devices. 25 A person is indigent under the bill if the person has an 26 income level at or below 125 percent of the U.S. poverty 27 level as defined by the most recently revised poverty income 28 guidelines published by the U.S. department of health and human 29 services, and the DOT determines that the person is unable to 30 pay for the cost of an ignition interlock device. In making 31 the determination of a person’s ability to pay for the cost of 32 a device, the DOT must consider not only the person’s income, 33 but also the person’s other assets, including but not limited 34 to cash, stocks, bonds, and any other property. A person is 35 -13- LSB 5148YH (7) 87 ns/rh 13/ 14

H.F. 2120 also indigent under the bill if the person has an income level 1 greater than 125 percent, but at or below 200 percent, of the 2 U.S. poverty level as defined by the most recently revised 3 poverty income guidelines published by the U.S. department 4 of health and human services, and the DOT determines that 5 paying for the ignition interlock device would cause the person 6 substantial hardship. In determining whether substantial 7 hardship would result, the DOT must consider not only the 8 person’s income, but also the person’s other assets, including 9 but not limited to cash, stocks, bonds, and any other property. 10 -14- LSB 5148YH (7) 87 ns/rh 14/ 14