House
File
362
-
Introduced
HOUSE
FILE
362
BY
SALMON
A
BILL
FOR
An
Act
relating
to
operating
while
intoxicated
offenders
1
and
persons
involved
in
the
sale
of
alcoholic
beverages,
2
including
the
establishment
of
a
statewide
sobriety
and
3
drug
monitoring
program,
establishing
fees,
and
providing
4
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
STATEWIDE
SOBRIETY
AND
DRUG
MONITORING
PROGRAM
2
Section
1.
LEGISLATIVE
FINDINGS
——
PURPOSE.
3
1.
The
general
assembly
finds
that
operating
a
motor
vehicle
4
in
this
state
is
a
privilege,
not
a
right.
A
person
who
wishes
5
to
enjoy
the
benefits
of
this
privilege
shall
accept
the
6
corresponding
responsibilities.
7
2.
The
general
assembly
declares
that
the
purpose
of
this
8
division
of
this
Act
is
to
do
all
of
the
following:
9
a.
Protect
the
public
health
and
welfare
by
reducing
the
10
number
of
people
on
the
highways
of
this
state
who
operate
a
11
motor
vehicle
under
the
influence
of
alcohol
or
a
controlled
12
substance.
13
b.
Protect
the
public
health
and
welfare
by
reducing
the
14
number
of
offenders
who
commit
crimes
in
which
the
abuse
of
15
alcohol
or
a
controlled
substance
is
a
contributing
factor
in
16
the
commission
of
the
crime.
17
c.
Strengthen
the
pretrial
and
post-trial
options
available
18
to
prosecutors
and
judges
in
responding
to
offenders
who
commit
19
crimes
in
which
the
abuse
of
alcohol
or
a
controlled
substance
20
is
a
contributing
factor
in
the
commission
of
the
crime.
21
d.
Assure
the
timely
and
sober
participation
of
offenders
22
in
judicial
proceedings.
23
3.
The
general
assembly
declares
that
it
is
important
to
24
have
a
centralized
repository
for
all
information
related
to
25
alcohol
and
controlled
substance
testing
required
by
the
laws
26
of
this
state
or
as
a
condition
of
bond,
pretrial
release,
27
sentence,
probation,
parole,
or
a
temporary
restricted
license.
28
Sec.
2.
NEW
SECTION
.
901D.1
Short
title.
29
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
30
Sobriety
and
Drug
Monitoring
Program
Act”
.
31
Sec.
3.
NEW
SECTION
.
901D.2
Definitions.
32
As
used
in
this
chapter,
unless
the
context
otherwise
33
requires:
34
1.
“Alcohol”
means
an
alcoholic
beverage
as
defined
in
35
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section
321J.1.
1
2.
“Controlled
substance”
means
as
defined
in
section
2
124.101.
3
3.
“Department”
means
the
department
of
public
safety.
4
4.
“Eligible
offense”
means
a
criminal
offense
in
which
the
5
abuse
of
alcohol
or
a
controlled
substance
was
a
contributing
6
factor
in
the
commission
of
the
offense,
as
determined
by
the
7
court
or
governmental
entity
of
the
participating
jurisdiction.
8
“Eligible
offense”
includes
but
is
not
limited
to
a
first
or
9
subsequent
offense
of
operating
while
intoxicated
in
violation
10
of
section
321J.2.
11
5.
“Immediate
sanction”
means
a
sanction
that
is
applied
12
within
minutes
of
a
failed
test
result.
13
6.
“Law
enforcement
agency”
means
a
law
enforcement
agency
14
charged
with
enforcement
of
the
program
created
under
this
15
chapter.
16
7.
“Participating
jurisdiction”
means
a
county
or
other
17
governmental
entity
that
chooses
to
participate
in
the
program
18
created
under
this
chapter.
19
8.
“Sobriety
and
drug
monitoring
program”
or
“program”
means
20
the
program
established
pursuant
to
section
901D.3.
21
9.
“Testing”
means
a
procedure
or
set
of
procedures
22
performed
to
determine
the
presence
of
alcohol
or
a
controlled
23
substance
in
a
person’s
breath
or
bodily
fluid,
including
24
blood,
urine,
saliva,
and
perspiration,
and
includes
any
25
combination
of
breath
testing,
drug
patch
testing,
urine
26
analysis
testing,
saliva
testing,
and
continuous
or
transdermal
27
alcohol
monitoring.
Subject
to
section
901D.3,
the
department
28
may
approve
additional
testing
methodologies
or
the
testing
of
29
alternative
bodily
fluids.
30
10.
“Timely
sanction”
means
a
sanction
that
is
applied
31
within
hours
or
days
after
a
failed
test
result.
A
timely
32
sanction
shall
be
applied
as
soon
as
possible,
but
the
period
33
between
the
failed
test
result
and
the
application
of
the
34
timely
sanction
shall
not
exceed
five
days.
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Sec.
4.
NEW
SECTION
.
901D.3
Program
created.
1
1.
The
department
of
public
safety
shall
establish
a
2
statewide
sobriety
and
drug
monitoring
program
to
be
used
3
by
participating
jurisdictions,
which
shall
be
available
4
twenty-four
hours
per
day,
seven
days
per
week.
Pursuant
to
5
the
provisions
of
this
chapter,
a
court
or
governmental
entity,
6
or
an
authorized
officer
thereof,
within
a
participating
7
jurisdiction
may,
as
a
condition
of
bond,
pretrial
release,
8
sentence,
probation,
parole,
or
a
temporary
restricted
license,
9
do
all
of
the
following:
10
a.
Require
a
person
who
has
been
charged
with,
pled
guilty
11
to,
or
been
convicted
of
an
eligible
offense
to
abstain
from
12
alcohol
and
controlled
substances
for
a
period
of
time.
13
b.
Require
the
person
to
be
subject
to
testing
to
determine
14
whether
alcohol
or
a
controlled
substance
is
present
in
the
15
person’s
body
in
the
following
manner:
16
(1)
At
least
twice
per
day
at
a
central
location
where
an
17
immediate
sanction
can
be
effectively
applied.
18
(2)
Where
testing
under
subparagraph
(1)
creates
a
19
documented
hardship
or
is
geographically
impractical,
by
an
20
alternative
method
approved
by
the
department
and
consistent
21
with
this
section
where
a
timely
sanction
can
be
effectively
22
applied.
23
2.
a.
A
person
who
has
been
required
to
participate
in
the
24
program
by
a
court
or
governmental
entity
and
whose
driver’s
25
license
is
suspended
or
revoked
shall
not
begin
participation
26
in
the
program
or
be
subject
to
the
testing
required
by
the
27
program
until
the
person
is
eligible
for
a
temporary
restricted
28
license
under
applicable
law.
29
b.
In
order
to
participate
in
the
program,
a
person
shall
be
30
required
to
install
an
approved
ignition
interlock
device
on
31
all
motor
vehicles
owned
or
operated
by
the
person.
32
c.
A
person
wishing
to
participate
in
the
program
who
has
33
been
charged
with,
pled
guilty
to,
or
been
convicted
of
an
34
eligible
offense,
but
has
not
been
required
by
a
court
or
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governmental
entity
to
participate
in
the
program,
may
apply
1
to
the
court
or
governmental
entity
of
the
participating
2
jurisdiction
on
a
form
created
by
the
participating
3
jurisdiction,
and
the
court
or
governmental
entity
may
order
4
the
person
to
participate
in
the
program
as
a
condition
5
of
bond,
pretrial
release,
sentence,
probation,
parole,
6
or
a
temporary
restricted
license.
The
application
form
7
shall
include
an
itemization
of
all
costs
associated
with
8
participation
in
the
program.
9
3.
The
program
shall
be
evidence-based
and
shall
satisfy
at
10
least
two
of
the
following
requirements:
11
a.
The
program
is
included
in
the
United
States
substance
12
abuse
and
mental
health
services
administration’s
national
13
registry
of
evidence-based
programs
and
practices.
14
b.
The
program
has
been
reported
in
a
peer-reviewed
journal
15
as
having
positive
effects
on
the
primary
targeted
outcome.
16
c.
The
program
has
been
documented
as
effective
by
informed
17
experts
and
other
sources.
18
4.
a.
The
core
components
of
the
program
shall
include
19
the
use
of
a
primary
testing
methodology
for
determining
the
20
presence
of
alcohol
or
a
controlled
substance
in
a
person
that
21
best
facilitates
the
ability
of
a
law
enforcement
agency
to
22
apply
immediate
sanctions
for
failed
test
results
and
that
is
23
available
at
an
affordable
cost.
24
b.
In
cases
of
documented
hardship
or
geographic
25
impracticality,
or
in
cases
where
a
program
participant
26
has
received
less
stringent
testing
requirements,
testing
27
methodologies
that
best
facilitate
the
ability
of
a
law
28
enforcement
agency
to
apply
timely
sanctions
for
noncompliant
29
test
results
may
be
utilized.
For
purposes
of
this
section,
30
hardship
or
geographic
impracticality
shall
be
determined
by
31
documentation
and
consideration
of
the
following
factors:
32
(1)
Whether
a
testing
device
is
available.
33
(2)
Whether
the
participant
is
capable
of
paying
the
fees
34
and
costs
associated
with
the
testing
device.
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(3)
Whether
the
participant
is
capable
of
wearing
the
1
testing
device.
2
(4)
Whether
the
participant
fails
to
qualify
for
testing
3
twice
per
day
because
of
one
or
more
of
the
following:
4
(a)
The
participant
lives
in
a
rural
area
and
submitting
to
5
testing
twice
per
day
would
be
unduly
burdensome.
6
(b)
The
participant’s
employment
requires
the
participant’s
7
presence
at
a
location
remote
from
the
testing
location
and
8
submitting
to
testing
twice
per
day
would
be
unduly
burdensome.
9
(c)
The
participant
has
repeatedly
violated
the
10
requirements
of
the
program
while
submitting
to
testing
twice
11
per
day
and
poses
a
substantial
risk
of
continuing
to
violate
12
the
requirements
of
the
program.
13
5.
A
jurisdiction
wishing
to
participate
in
the
program
14
shall
submit
an
application
to
the
department.
A
jurisdiction
15
shall
not
participate
in
the
program
unless
the
jurisdiction’s
16
application
for
participation
has
been
approved
by
the
17
department.
If
a
jurisdiction
is
approved
for
participation
in
18
the
program,
the
department
shall
assist
the
jurisdiction
in
19
setting
up
and
administering
the
program
in
that
jurisdiction
20
in
compliance
with
this
chapter.
21
6.
a.
If
a
jurisdiction
participates
in
the
program,
the
22
participating
jurisdiction
or
a
law
enforcement
agency
of
the
23
participating
jurisdiction
may
designate
a
third
party
to
24
provide
testing
services
or
to
take
any
other
action
required
25
or
authorized
to
be
provided
by
the
participating
jurisdiction
26
or
law
enforcement
agency
under
this
chapter,
except
a
27
third-party
designee
shall
not
determine
whether
to
participate
28
in
the
program.
29
b.
The
participating
jurisdiction,
in
consultation
with
the
30
law
enforcement
agency
of
the
participating
jurisdiction,
shall
31
establish
testing
locations
for
the
program.
32
7.
Any
efforts
by
the
department
to
alter
or
modify
a
core
33
component
of
the
program
shall
include
a
documented
strategy
34
for
achieving
and
measuring
the
effectiveness
of
the
planned
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alteration
or
modification.
Before
the
department
alters
or
1
modifies
a
core
component
of
the
program,
a
pilot
program
2
with
defined
objectives
and
timelines
shall
be
initiated,
and
3
measurements
of
the
effectiveness
and
impact
of
the
proposed
4
alteration
or
modification
to
a
core
component
shall
be
5
monitored.
The
data
shall
be
assessed
and
the
department
6
shall
make
a
determination
as
to
whether
the
stated
goals
of
7
the
alteration
or
modification
were
achieved
and
whether
the
8
alteration
or
modification
should
be
formally
implemented
into
9
the
program.
10
Sec.
5.
NEW
SECTION
.
901D.4
Rulemaking
——
fees.
11
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
12
administer
this
chapter,
including
but
not
limited
to
rules
13
regarding
any
of
the
following:
14
1.
Providing
for
the
nature
and
manner
of
testing,
including
15
the
procedures
and
apparatus
to
be
used
for
testing.
16
2.
Establishing
reasonable
participant,
enrollment,
and
17
testing
fees
for
the
program,
including
fees
to
pay
the
costs
18
of
installation,
monitoring,
and
deactivation
of
any
testing
19
device.
The
fees
shall
be
set
at
an
amount
such
that
the
fees
20
collected
in
a
participating
jurisdiction
are
sufficient
to
pay
21
for
the
costs
of
the
program
in
the
participating
jurisdiction,
22
including
all
costs
to
the
state
associated
with
the
program
in
23
the
participating
jurisdiction.
24
3.
Providing
for
the
application,
acceptance,
and
use
of
25
public
and
private
grants,
gifts,
and
donations
to
support
26
program
activities.
27
4.
Establishing
a
process
for
the
identification
and
28
management
of
indigent
participants.
29
5.
Providing
for
the
creation
and
administration
of
a
30
stakeholder
group
to
review
and
recommend
changes
to
the
31
program.
32
6.
Establishing
a
process
for
the
submission
and
approval
of
33
applications
from
jurisdictions
to
participate
in
the
program.
34
Sec.
6.
NEW
SECTION
.
901D.5
Data
management
system.
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1.
The
department
shall
provide
for
and
approve
the
use
1
of
a
program
data
management
system
that
shall
be
used
by
2
the
department
and
all
participating
jurisdictions
to
manage
3
testing,
test
events,
test
results,
data
access,
fees,
the
4
collection
of
fee
payments,
and
the
submission
and
collection
5
of
any
required
reports.
6
2.
The
data
management
system
shall
include
but
is
not
7
limited
to
all
of
the
following
features:
8
a.
A
secure,
remotely
hosted,
demonstrated,
internet-based
9
management
application
that
allows
multiple
concurrent
users
to
10
access
and
input
information.
11
b.
The
support
of
breath
testing,
continuous
remote
12
transdermal
alcohol
monitoring,
drug
patch
testing,
and
urine
13
analysis
testing.
14
c.
The
capability
to
track
and
store
events
including
15
but
not
limited
to
participant
enrollment,
testing
activity,
16
accounting
activity,
and
participating
law
enforcement
agency
17
activity.
18
d.
The
capability
to
generate
reports
of
system
fields
and
19
data.
The
data
management
system
shall
allow
reports
to
be
20
generated
as
needed
and
on
a
scheduled
basis,
and
shall
allow
21
reports
to
be
exported
over
a
network
connection
or
by
remote
22
printing.
23
e.
The
ability
to
identify
program
participants
who
have
24
previously
been
enrolled
in
a
similar
program
in
this
state
or
25
another
state.
26
3.
Unless
otherwise
required
by
federal
law,
all
alcohol
or
27
controlled
substance
testing
performed
as
a
condition
of
bond,
28
pretrial
release,
sentence,
probation,
parole,
or
a
temporary
29
restricted
license
shall
utilize
and
input
results
to
the
data
30
management
system.
31
4.
The
data
management
system
shall
contain
sufficient
32
security
protocols
to
protect
participants’
personal
33
information
from
unauthorized
use.
34
Sec.
7.
NEW
SECTION
.
901D.6
Authority
to
order
program
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participation.
1
1.
A
court
or
governmental
entity,
or
an
authorized
officer
2
thereof,
in
a
participating
jurisdiction
may
utilize
the
3
program
as
provided
in
this
section.
The
program
shall
be
a
4
preferred
program
for
offenders
charged
with
or
convicted
of
an
5
eligible
offense.
6
2.
If
a
person
convicted
of
a
first
or
subsequent
offense
of
7
operating
while
intoxicated
has
been
required
to
participate
8
in
the
program,
has
financial
liability
coverage
pursuant
9
to
section
321.20B,
and
the
minimum
period
of
ineligibility
10
for
issuance
of
a
temporary
restricted
license
has
expired
11
pursuant
to
chapter
321J,
the
court
may
notify
the
department
12
of
transportation
that,
as
a
participant
in
the
program,
the
13
person
is
eligible
for
a
temporary
restricted
license
pursuant
14
to
section
321J.20.
15
3.
A
court
may
condition
any
bond
or
pretrial
release
16
otherwise
authorized
by
law
for
a
person
charged
with
an
17
eligible
offense
upon
participation
in
the
program
and
payment
18
of
the
fees
established
pursuant
to
section
901D.4.
19
4.
A
court
may
condition
a
suspended
sentence
or
probation
20
otherwise
authorized
by
law
for
a
person
convicted
of
an
21
eligible
offense
upon
participation
in
the
program
and
payment
22
of
the
fees
established
pursuant
to
section
901D.4.
23
5.
The
board
of
parole,
the
department
of
corrections,
or
24
a
parole
officer
may
condition
parole
otherwise
authorized
25
by
law
for
a
person
convicted
of
an
eligible
offense
upon
26
participation
in
the
program
and
payment
of
the
fees
27
established
pursuant
to
section
901D.4.
28
Sec.
8.
NEW
SECTION
.
901D.7
Placement
and
enrollment.
29
1.
Subject
to
sections
901D.3
and
901D.6,
a
participant
30
may
be
placed
in
the
program
as
a
condition
of
bond,
pretrial
31
release,
sentence,
probation,
parole,
or
a
temporary
32
restricted
license.
However,
a
person
who
has
been
required
to
33
participate
in
the
program
by
a
court
or
governmental
entity
34
and
whose
driver’s
license
is
suspended
or
revoked
shall
not
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begin
participation
in
the
program
or
be
subject
to
the
testing
1
required
by
the
program
until
the
person
is
eligible
for
a
2
temporary
restricted
license
under
applicable
law.
3
2.
An
order
or
directive
placing
a
participant
in
the
4
program
shall
include
the
type
of
testing
required
to
be
5
administered
in
the
program
and
the
length
of
time
that
the
6
participant
is
required
to
remain
in
the
program.
The
person
7
issuing
the
order
or
directive
shall
send
a
copy
of
the
order
8
or
directive
to
the
law
enforcement
agency
of
the
participating
9
jurisdiction.
10
3.
Upon
receipt
of
a
copy
of
an
order
or
directive,
11
a
representative
of
the
law
enforcement
agency
of
the
12
participating
jurisdiction
shall
enroll
a
participant
in
the
13
program
prior
to
testing.
14
4.
At
the
time
of
enrollment,
a
representative
of
the
law
15
enforcement
agency
of
the
participating
jurisdiction
shall
16
enter
the
participant’s
information
into
the
data
management
17
system
described
in
section
901D.5.
The
representative
of
18
the
agency
shall
provide
the
participant
with
the
appropriate
19
materials
required
by
the
program,
inform
the
participant
that
20
the
participant’s
information
may
be
shared
for
law
enforcement
21
and
reporting
purposes,
and
provide
the
participant
with
22
information
related
to
the
required
testing,
procedures,
and
23
fees.
24
5.
The
participant
shall
sign
a
form
stating
that
the
25
participant
understands
the
program
requirements
and
releases
26
the
participant’s
information
for
law
enforcement
and
reporting
27
purposes.
28
6.
A
participant
shall
report
to
the
program
for
testing
for
29
the
length
of
time
ordered
by
the
court,
the
board
of
parole,
30
the
department
of
corrections,
or
a
parole
officer.
31
Sec.
9.
NEW
SECTION
.
901D.8
Collection,
distribution,
and
32
use
of
fees.
33
1.
The
law
enforcement
agency
of
a
participating
34
jurisdiction
shall
do
all
of
the
following:
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a.
Establish
and
maintain
a
sobriety
program
account.
1
b.
Collect
the
participant,
enrollment,
and
testing
fees
2
established
pursuant
to
section
901D.4
and
deposit
the
fees
3
and
any
other
funds
received
for
the
program
into
the
sobriety
4
program
account
for
administration
of
the
program.
5
2.
A
participant
shall
pay
all
fees
directly
to
the
law
6
enforcement
agency
of
the
participating
jurisdiction.
7
3.
a.
The
law
enforcement
agency
shall
distribute
a
8
portion
of
the
fees
to
any
participating
third-party
designee
9
in
accordance
with
the
agreement
between
the
agency
and
the
10
third-party
designee.
11
b.
The
remainder
of
the
fees
collected
shall
be
deposited
in
12
the
sobriety
program
account,
and
shall
be
used
only
for
the
13
purposes
of
administering
and
operating
the
program.
14
Sec.
10.
NEW
SECTION
.
901D.9
Noncompliance.
15
1.
An
allegation
that
a
participant
failed
a
test,
refused
16
to
submit
to
a
test,
or
failed
to
appear
for
testing
shall
17
be
communicated
ex
parte
by
the
participating
jurisdiction,
18
a
law
enforcement
agency
of
the
participating
jurisdiction,
19
or
the
participating
jurisdiction’s
third-party
designee
to
a
20
magistrate
as
soon
as
practicable.
A
magistrate
who
receives
21
such
a
communication
may
order
the
participant’s
immediate
22
incarceration
pending
a
hearing
on
the
allegation
but
lasting
23
no
longer
than
twenty-four
hours
after
the
issuance
of
the
24
order,
or
if
the
participant
failed
to
appear
for
testing
as
25
scheduled,
the
magistrate
may
issue
a
warrant
for
the
arrest
of
26
the
participant
for
a
violation
of
the
terms
of
bond,
pretrial
27
release,
sentence,
probation,
or
parole,
as
applicable.
28
2.
The
magistrate
may
notify
the
department
of
29
transportation
of
the
participant’s
noncompliance
and
direct
30
the
department
to
withdraw
any
temporary
restricted
license
31
issued
to
the
participant
and
reinstate
the
remainder
of
any
32
applicable
license
suspension
or
revocation
period
provided
by
33
law.
34
Sec.
11.
NEW
SECTION
.
901D.10
Report.
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The
department,
in
consultation
with
the
judicial
branch
1
and
the
department
of
transportation,
shall
by
December
1,
2
2021,
submit
a
report
to
the
general
assembly
detailing
the
3
effectiveness
of
the
program
established
pursuant
to
this
4
chapter
and
shall
make
recommendations
concerning
the
continued
5
implementation
of
the
program
or
the
elimination
of
the
6
program.
7
DIVISION
II
8
OPERATING
WHILE
INTOXICATED
9
Sec.
12.
Section
321.12,
subsection
4,
Code
2017,
is
amended
10
to
read
as
follows:
11
4.
The
director
shall
not
destroy
any
operating
records
12
pertaining
to
arrests
or
convictions
for
operating
while
13
intoxicated
,
in
violation
of
section
321J.2
,
or
operating
14
records
pertaining
to
revocations
for
violations
of
section
15
321J.2A
,
except
that
a
conviction
or
revocation
under
section
16
321J.2
or
321J.2A
that
is
not
subject
to
49
C.F.R.
pt.
383
17
shall
be
deleted
from
the
operating
records
twelve
twenty-five
18
years
after
the
date
of
conviction
or
the
effective
date
of
19
revocation.
Convictions
or
revocations
that
are
retained
in
20
the
operating
records
for
more
than
twelve
twenty-five
years
21
under
this
subsection
shall
be
considered
only
for
purposes
of
22
disqualification
actions
under
49
C.F.R.
pt.
383
.
23
Sec.
13.
Section
321.189,
subsection
2,
Code
2017,
is
24
amended
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
0c.
If
the
licensee’s
operating
record
26
indicates
a
conviction
or
revocation
for
a
violation
of
section
27
321J.2
or
321J.2A,
the
driver’s
license
shall
contain
an
28
operating-while-intoxicated
emblem
designed
by
the
department
29
that
shall
appear
prominently
on
the
back
of
the
license.
30
Sec.
14.
Section
321.210D,
Code
2017,
is
amended
to
read
as
31
follows:
32
321.210D
Vehicular
homicide
or
serious
injury
suspension
33
——
termination
upon
revocation
of
license
——
reopening
of
34
suspension.
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1.
If
a
trial
information
or
indictment
is
filed
charging
a
1
person
with
the
offense
of
homicide
by
vehicle
under
section
2
707.6A,
subsection
1
or
2
,
or
with
an
offense
under
section
3
707.6A,
subsection
4,
paragraph
“a”
,
the
clerk
of
the
district
4
court
shall,
upon
the
filing
of
the
information
or
indictment,
5
forward
notice
to
the
department
including
the
name
and
address
6
of
the
party
charged,
the
registration
number
of
the
vehicle
7
involved,
if
known,
the
nature
of
the
offense,
and
the
date
of
8
the
filing
of
the
indictment
or
information.
9
2.
Upon
receiving
notice
from
the
clerk
of
the
district
10
court
that
an
indictment
or
information
has
been
filed
11
charging
an
operator
with
homicide
by
vehicle
under
section
12
707.6A,
subsection
1
or
2
an
offense
listed
in
subsection
13
1
,
the
department
shall
notify
the
person
that
the
person’s
14
driver’s
license
will
be
suspended
effective
ten
days
from
15
the
date
of
issuance
of
the
notice.
The
department
shall
16
adopt
rules
relating
to
the
suspension
of
the
license
of
an
17
operator
pursuant
to
this
section
which
shall
include,
but
are
18
not
limited
to,
procedures
for
the
surrender
of
the
person’s
19
license
to
the
department
upon
the
effective
date
of
the
20
suspension.
21
3.
If
a
person
whose
driver’s
license
has
been
suspended
22
pursuant
to
this
section
is
not
convicted
of
the
charge
of
23
homicide
or
serious
injury
by
vehicle
under
section
707.6A
,
24
subsection
1
or
2
,
upon
record
entry
of
disposition
of
the
25
charge,
the
clerk
of
the
district
court
shall
forward
a
notice
26
including
the
name
and
address
of
the
party
charged,
the
27
registration
number
of
the
vehicle
involved,
the
nature
of
the
28
offense
charged
by
indictment
or
information,
the
date
of
the
29
filing
of
the
indictment
or
information,
and
of
the
disposition
30
of
the
charge
to
the
department.
Upon
receipt
of
the
notice
31
from
the
clerk,
the
department
shall
automatically
rescind
the
32
suspension
and
reinstate
the
person’s
driver’s
license
without
33
payment
of
any
charge
or
penalty.
34
4.
Upon
receiving
a
record
of
conviction
under
section
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321.206
,
for
a
violation
of
section
707.6A,
subsection
1
or
1
2
,
or
section
707.6A,
subsection
4,
paragraph
“a”
,
and
upon
2
revocation
of
the
person’s
license
or
operating
privileges
3
under
section
321.209
,
the
suspension
under
subsection
2
shall
4
automatically
terminate
in
favor
of
the
revocation.
5
Sec.
15.
Section
321J.2,
subsection
3,
paragraph
d,
Code
6
2017,
is
amended
to
read
as
follows:
7
d.
Revocation
of
the
person’s
driver’s
license
for
a
8
minimum
period
of
one
hundred
eighty
days
year
up
to
a
maximum
9
revocation
period
of
one
year
two
years
,
pursuant
to
section
10
321J.4,
subsection
1
,
section
321J.9
,
or
section
321J.12
,
11
subsection
2
.
If
a
revocation
occurs
due
to
test
refusal
12
under
section
321J.9
,
the
defendant
shall
be
ineligible
for
a
13
temporary
restricted
license
for
a
minimum
period
of
ninety
14
days.
15
(1)
A
defendant
whose
alcohol
concentration
is
.08
or
more
16
but
not
more
than
.10
shall
not
be
eligible
for
any
temporary
17
restricted
license
for
at
least
thirty
days
if
a
test
was
18
obtained
and
an
accident
resulting
in
personal
injury
or
19
property
damage
occurred.
The
department
shall
require
the
20
defendant
to
install
an
ignition
interlock
device
of
a
type
21
approved
by
the
commissioner
of
public
safety
on
all
vehicles
22
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
23
temporary
restricted
license.
There
shall
be
no
such
period
of
24
ineligibility
if
no
such
accident
occurred,
and
the
defendant
25
shall
not
be
required
to
install
an
ignition
interlock
device.
26
(2)
A
defendant
whose
alcohol
concentration
is
more
than
.10
27
shall
not
be
eligible
for
any
temporary
restricted
license
for
28
at
least
thirty
days
if
a
test
was
obtained,
and
an
accident
29
resulting
in
personal
injury
or
property
damage
occurred
or
the
30
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
31
no
such
period
of
ineligibility
if
no
such
accident
occurred
32
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
33
In
either
case,
where
a
defendant’s
alcohol
concentration
is
34
more
than
.10,
the
department
shall
require
the
defendant
to
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install
an
ignition
interlock
device
of
a
type
approved
by
the
1
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
2
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
3
license.
4
Sec.
16.
Section
321J.2,
subsection
4,
paragraph
c,
Code
5
2017,
is
amended
to
read
as
follows:
6
c.
Revocation
of
the
defendant’s
driver’s
license
for
a
7
period
of
one
year
two
years
,
if
a
revocation
occurs
pursuant
8
to
section
321J.12,
subsection
1
.
If
a
revocation
occurs
due
9
to
test
refusal
under
section
321J.9
,
or
pursuant
to
section
10
321J.4,
subsection
2
,
the
defendant’s
license
shall
be
revoked
11
for
a
period
of
two
four
years.
12
Sec.
17.
Section
321J.2,
subsection
5,
paragraph
c,
Code
13
2017,
is
amended
to
read
as
follows:
14
c.
Revocation
Permanent
revocation
of
the
person’s
driver’s
15
license
for
a
period
of
six
years
pursuant
to
section
321J.4,
16
subsection
4
.
17
Sec.
18.
Section
321J.4,
subsections
1
and
2,
Code
2017,
are
18
amended
to
read
as
follows:
19
1.
If
a
defendant
is
convicted
of
a
violation
of
section
20
321J.2
and
the
defendant’s
driver’s
license
or
nonresident
21
operating
privilege
has
not
been
revoked
under
section
321J.9
22
or
321J.12
for
the
occurrence
from
which
the
arrest
arose,
the
23
department
shall
revoke
the
defendant’s
driver’s
license
or
24
nonresident
operating
privilege
for
one
hundred
eighty
days
25
year
if
the
defendant
submitted
to
chemical
testing
and
has
had
26
no
previous
conviction
or
revocation
under
this
chapter
and
27
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
28
operating
privilege
for
one
year
two
years
if
the
defendant
29
refused
to
submit
to
chemical
testing
and
has
had
no
previous
30
conviction
or
revocation
under
this
chapter
.
The
defendant
31
shall
not
be
eligible
for
any
temporary
restricted
license
32
for
at
least
ninety
days
if
a
test
was
refused
under
section
33
321J.9
.
34
a.
A
defendant
whose
alcohol
concentration
is
.08
or
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more
but
not
more
than
.10
shall
not
be
eligible
for
any
1
temporary
restricted
license
for
at
least
thirty
days
if
2
a
test
was
obtained
and
an
accident
resulting
in
personal
3
injury
or
property
damage
occurred
or
the
defendant’s
alcohol
4
concentration
exceeded
.15
.
The
There
shall
be
no
such
5
period
of
ineligibility
if
no
such
accident
occurred
and
the
6
defendant’s
alcohol
concentration
did
not
exceed
.15.
7
b.
Upon
revocation,
the
department
shall
require
the
8
defendant
to
install
an
ignition
interlock
device
of
a
type
9
approved
by
the
commissioner
of
public
safety
on
all
vehicles
10
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
11
temporary
restricted
license
.
There
shall
be
no
such
period
of
12
ineligibility
if
no
such
accident
occurred,
and
the
defendant
13
shall
not
be
required
to
install
an
ignition
interlock
device.
14
b.
A
defendant
whose
alcohol
concentration
is
more
than
.10
15
shall
not
be
eligible
for
any
temporary
restricted
license
for
16
at
least
thirty
days
if
a
test
was
obtained
and
an
accident
17
resulting
in
personal
injury
or
property
damage
occurred
or
the
18
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
19
no
such
period
of
ineligibility
if
no
such
accident
occurred
20
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
21
In
either
case,
where
a
defendant’s
alcohol
concentration
is
22
more
than
.10,
the
department
shall
require
the
defendant
to
23
install
an
ignition
interlock
device
of
a
type
approved
by
the
24
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
25
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
26
license.
27
c.
If
the
defendant
is
under
the
age
of
twenty-one,
the
28
defendant
shall
not
be
eligible
for
a
temporary
restricted
29
license
for
at
least
sixty
days
after
the
effective
date
of
30
revocation.
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
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arose,
the
department
shall
revoke
the
defendant’s
driver’s
1
license
or
nonresident
operating
privilege
for
one
year
two
2
years
if
the
defendant
submitted
to
chemical
testing
and
has
3
had
a
previous
conviction
or
revocation
under
this
chapter
and
4
shall
revoke
the
defendant’s
driver’s
license
or
nonresident
5
operating
privilege
for
two
four
years
if
the
defendant
refused
6
to
submit
to
chemical
testing
and
has
had
a
previous
revocation
7
under
this
chapter
.
The
defendant
shall
not
be
eligible
for
8
any
temporary
restricted
license
for
forty-five
days
after
the
9
effective
date
of
revocation
if
the
defendant
submitted
to
10
chemical
testing
and
shall
not
be
eligible
for
any
temporary
11
restricted
license
for
ninety
days
after
the
effective
date
12
of
revocation
if
the
defendant
refused
chemical
testing.
The
13
temporary
restricted
license
shall
be
issued
in
accordance
14
with
section
321J.20,
subsection
2
.
The
Upon
revocation,
the
15
department
shall
require
the
defendant
to
install
an
ignition
16
interlock
device
of
a
type
approved
by
the
commissioner
17
of
public
safety
on
all
vehicles
owned
or
operated
by
the
18
defendant
if
the
defendant
seeks
a
temporary
restricted
license
19
at
the
end
of
the
minimum
period
of
ineligibility
.
A
temporary
20
restricted
license
shall
not
be
granted
by
the
department
until
21
the
defendant
installs
the
ignition
interlock
device.
22
Sec.
19.
Section
321J.4,
subsection
3,
paragraphs
a
and
b,
23
Code
2017,
are
amended
to
read
as
follows:
24
a.
A
defendant
whose
alcohol
concentration
is
.08
or
25
more
but
not
more
than
.10
shall
not
be
eligible
for
any
26
temporary
restricted
license
for
at
least
thirty
days
if
27
a
test
was
obtained
and
an
accident
resulting
in
personal
28
injury
or
property
damage
occurred
or
the
defendant’s
alcohol
29
concentration
exceeded
.15
.
The
There
shall
be
no
such
30
period
of
ineligibility
if
no
such
accident
occurred
and
the
31
defendant’s
alcohol
concentration
did
not
exceed
.15.
Upon
32
revocation,
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
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by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
1
license
.
There
shall
be
no
such
period
of
ineligibility
if
no
2
such
accident
occurred,
and
the
defendant
shall
not
be
required
3
to
install
an
ignition
interlock
device.
4
b.
A
defendant
whose
alcohol
concentration
is
more
than
.10
5
shall
not
be
eligible
for
any
temporary
restricted
license
for
6
at
least
thirty
days
if
a
test
was
obtained
and
an
accident
7
resulting
in
personal
injury
or
property
damage
occurred
or
the
8
defendant’s
alcohol
concentration
exceeded
.15.
There
shall
be
9
no
such
period
of
ineligibility
if
no
such
accident
occurred
10
and
the
defendant’s
alcohol
concentration
did
not
exceed
.15.
11
In
either
case,
where
a
defendant’s
alcohol
concentration
is
12
more
than
.10,
the
department
shall
require
the
defendant
to
13
install
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.
17
Sec.
20.
Section
321J.4,
subsections
4,
5,
and
6,
Code
2017,
18
are
amended
to
read
as
follows:
19
4.
Upon
a
plea
or
verdict
of
guilty
of
a
third
or
subsequent
20
violation
of
section
321J.2
,
the
department
shall
revoke
the
21
defendant’s
driver’s
license
or
nonresident
operating
privilege
22
for
a
period
of
six
years
permanently
.
The
defendant
shall
not
23
be
eligible
for
a
any
temporary
restricted
license
for
one
year
24
after
the
effective
date
of
the
revocation
.
The
department
25
shall
require
the
defendant
to
install
an
ignition
interlock
26
device
of
a
type
approved
by
the
commissioner
of
public
safety
27
on
all
vehicles
owned
or
operated
by
the
defendant
if
the
28
defendant
seeks
a
temporary
restricted
license
at
the
end
of
29
the
minimum
period
of
ineligibility.
A
temporary
restricted
30
license
shall
not
be
granted
by
the
department
until
the
31
defendant
installs
the
ignition
interlock
device.
32
5.
Upon
a
plea
or
verdict
of
guilty
of
a
violation
of
33
section
321J.2
which
involved
a
personal
injury,
the
court
34
shall
determine
in
open
court,
from
consideration
of
the
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information
in
the
file
and
any
other
evidence
the
parties
1
may
submit,
whether
a
serious
injury
,
as
defined
in
section
2
702.18,
was
sustained
by
any
person
other
than
the
defendant
3
and,
if
so,
whether
the
defendant’s
conduct
in
violation
of
4
section
321J.2
caused
the
serious
injury.
If
the
court
so
5
determines,
the
court
shall
order
the
department
to
revoke
the
6
defendant’s
driver’s
license
or
nonresident
operating
privilege
7
for
a
period
of
one
year
in
addition
to
any
other
period
of
8
suspension
or
revocation
permanently
.
The
defendant
shall
not
9
be
eligible
for
any
temporary
restricted
license
until
the
10
minimum
period
of
ineligibility
has
expired
under
this
section
11
or
section
321J.9
,
321J.12
,
or
321J.20
.
The
defendant
shall
12
surrender
to
the
court
any
Iowa
license
or
permit
and
the
court
13
shall
forward
it
the
license
or
permit
to
the
department
with
a
14
copy
of
the
order
for
revocation.
15
6.
Upon
a
plea
or
verdict
of
guilty
of
a
violation
of
16
section
321J.2
which
involved
a
death,
the
court
shall
17
determine
in
open
court,
from
consideration
of
the
information
18
in
the
file
and
any
other
evidence
the
parties
may
submit,
19
whether
a
death
occurred
and,
if
so,
whether
the
defendant’s
20
conduct
in
violation
of
section
321J.2
caused
the
death.
If
21
the
court
so
determines,
the
court
shall
order
the
department
22
to
revoke
the
defendant’s
driver’s
license
or
nonresident
23
operating
privilege
for
a
period
of
six
years
permanently
.
The
24
defendant
shall
not
be
eligible
for
any
temporary
restricted
25
license
for
at
least
two
years
after
the
revocation
.
The
26
defendant
shall
surrender
to
the
court
any
Iowa
license
or
27
permit
and
the
court
shall
forward
it
the
license
or
permit
to
28
the
department
with
a
copy
of
the
order
for
revocation.
29
Sec.
21.
Section
321J.4,
subsection
8,
paragraphs
a
and
c,
30
Code
2017,
are
amended
to
read
as
follows:
31
a.
On
a
conviction
for
or
as
a
condition
of
a
deferred
32
judgment
for
a
violation
of
section
321J.2
,
the
court
may
shall
33
order
the
defendant
to
install
ignition
interlock
devices
34
of
a
type
approved
by
the
commissioner
of
public
safety
on
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all
motor
vehicles
owned
or
operated
by
the
defendant
which,
1
without
tampering
or
the
intervention
of
another
person,
would
2
prevent
the
defendant
from
operating
the
motor
vehicle
with
an
3
alcohol
concentration
greater
than
a
level
set
by
rule
of
the
4
commissioner
of
public
safety.
5
c.
The
order
to
install
ignition
interlock
devices
shall
6
remain
in
effect
for
a
period
of
time
as
determined
by
the
7
court
which
shall
not
exceed
the
maximum
term
of
imprisonment
8
which
the
court
could
have
imposed
according
to
the
nature
of
9
the
violation
the
period
of
time
required
by
section
321.20A
.
10
While
the
order
is
in
effect,
the
defendant
shall
not
operate
11
a
motor
vehicle
which
does
not
have
an
approved
ignition
12
interlock
device
installed.
13
Sec.
22.
Section
321J.4B,
subsection
1,
paragraph
a,
Code
14
2017,
is
amended
to
read
as
follows:
15
a.
“Immobilized”
means
the
installation
of
a
device
in
a
16
motor
vehicle
that
completely
prevents
a
motor
vehicle
from
17
being
operated
,
or
the
installation
of
an
ignition
interlock
18
device
of
a
type
approved
by
the
commissioner
of
public
safety
.
19
Sec.
23.
Section
321J.4B,
subsection
4,
Code
2017,
is
20
amended
to
read
as
follows:
21
4.
An
owner
of
a
motor
vehicle
impounded
or
immobilized
22
under
this
section
,
who
knows
of,
should
have
known
of,
23
or
gives
consent
to
the
operation
of
,
the
motor
vehicle
in
24
violation
of
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
25
shall
be
considered
to
be
all
of
the
following
:
26
a.
Guilty
of
a
simple
serious
misdemeanor
,
and
.
27
b.
Jointly
and
severally
liable
for
any
damages
caused
28
by
the
person
who
operated
the
motor
vehicle,
subject
to
the
29
provisions
of
chapter
668
.
30
Sec.
24.
Section
321J.4B,
subsection
5,
paragraph
d,
Code
31
2017,
is
amended
to
read
as
follows:
32
d.
The
period
of
impoundment
or
immobilization
of
a
motor
33
vehicle
under
this
section
shall
be
the
period
of
license
34
revocation
imposed
upon
the
person
convicted
of
the
offense
or
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one
hundred
eighty
days
year
,
whichever
period
is
longer.
The
1
impoundment
or
immobilization
period
shall
commence
on
the
day
2
that
the
vehicle
is
first
impounded
or
immobilized.
3
Sec.
25.
Section
321J.4B,
subsection
6,
Code
2017,
is
4
amended
to
read
as
follows:
5
6.
Upon
conviction
of
the
defendant
for
a
first
violation
6
of
subsection
2,
paragraph
“a”
,
subparagraph
(2),
where
the
7
defendant’s
driver’s
license
was
revoked
as
a
result
of
a
8
second
or
subsequent
violation
of
section
321J.2,
or
a
second
9
or
subsequent
violation
of
subsection
2
,
paragraph
“a”
,
10
subparagraph
(2),
the
court
shall
order,
if
the
convicted
11
person
defendant
is
the
owner
of
the
motor
vehicle
used
in
the
12
commission
of
the
offense,
that
that
motor
vehicle
be
seized
13
and
forfeited
to
the
state
pursuant
to
chapters
809
and
809A
.
14
Sec.
26.
Section
321J.5,
subsection
2,
Code
2017,
is
amended
15
to
read
as
follows:
16
2.
The
results
of
this
preliminary
screening
test
may
be
17
used
for
the
purpose
of
deciding
whether
an
arrest
should
be
18
made
or
whether
to
request
a
chemical
test
authorized
in
this
19
chapter
,
but
shall
not
be
used
in
any
court
action
except
to
20
prove
that
a
chemical
test
was
properly
requested
of
a
person
21
pursuant
to
this
chapter
.
However,
the
results
of
a
breath
22
test
administered
after
a
preliminary
screening
test
pursuant
23
to
section
321J.6,
subsection
2,
by
a
certified
operator
using
24
a
portable
breath
testing
instrument
intended
to
determine
25
alcohol
concentration,
and
using
methods
approved
by
the
26
commissioner
of
public
safety
pursuant
to
section
321J.15,
may
27
be
used
as
evidence
in
any
court
action.
28
Sec.
27.
Section
321J.9,
subsections
1
and
2,
Code
2017,
are
29
amended
to
read
as
follows:
30
1.
If
a
person
refuses
to
submit
to
the
chemical
testing,
a
31
test
shall
not
be
given,
but
the
department,
upon
the
receipt
32
of
the
peace
officer’s
certification,
subject
to
penalty
for
33
perjury,
that
the
officer
had
reasonable
grounds
to
believe
the
34
person
to
have
been
operating
a
motor
vehicle
in
violation
of
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section
321J.2
or
321J.2A
,
that
specified
conditions
existed
1
for
chemical
testing
pursuant
to
section
321J.6
,
and
that
the
2
person
refused
to
submit
to
the
chemical
testing,
shall
revoke
3
the
person’s
driver’s
license
and
any
nonresident
operating
4
privilege
for
the
following
periods
of
time:
5
a.
One
year
Two
years
if
the
person
has
no
previous
6
revocation
under
this
chapter
;
and
7
b.
Two
Four
years
if
the
person
has
had
a
previous
8
revocation
under
this
chapter
.
9
2.
a.
A
person
whose
driver’s
license
or
nonresident
10
operating
privileges
are
revoked
under
subsection
1
shall
not
11
be
eligible
for
a
temporary
restricted
license
for
at
least
12
ninety
days
after
the
effective
date
of
the
revocation.
A
13
temporary
restricted
license
issued
to
a
person
whose
driver’s
14
license
or
nonresident
driving
privilege
has
been
revoked
under
15
subsection
1
,
paragraph
“b”
,
shall
be
issued
in
accordance
with
16
section
321J.20,
subsection
2
.
17
b.
The
department
shall
require
the
defendant
to
install
18
an
ignition
interlock
device
of
a
type
approved
by
the
19
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
20
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
21
license
at
the
end
of
the
minimum
period
of
ineligibility
upon
22
revocation
of
the
defendant’s
driver’s
license
unless
the
23
defendant’s
driver’s
license
or
nonresident
operating
privilege
24
has
been
permanently
revoked
under
this
chapter
.
A
temporary
25
restricted
license
shall
not
be
granted
by
the
department
until
26
the
defendant
installs
the
ignition
interlock
device.
27
Sec.
28.
Section
321J.10,
subsection
1,
Code
2017,
is
28
amended
to
read
as
follows:
29
1.
Refusal
to
consent
to
a
test
under
section
321J.6
does
30
not
prohibit
the
withdrawal
of
a
specimen
for
chemical
testing
31
pursuant
to
a
search
warrant
issued
in
the
investigation
of
32
a
suspected
violation
of
section
707.5
or
707.6A
321J.2
or
33
321J.2A
if
all
of
the
following
grounds
exist:
34
a.
A
traffic
accident
has
resulted
in
a
death
or
personal
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injury
reasonably
likely
to
cause
death.
1
b.
There
there
are
reasonable
grounds
to
believe
that
one
or
2
more
of
the
persons
whose
driving
may
have
been
the
proximate
3
cause
of
the
accident
the
person
was
violating
section
321J.2
4
or
321J.2A
at
the
time
of
the
accident
suspected
violation
.
5
Sec.
29.
Section
321J.10,
subsection
3,
paragraph
c,
Code
6
2017,
is
amended
to
read
as
follows:
7
c.
The
oral
application
testimony
shall
set
forth
facts
and
8
information
tending
to
establish
the
existence
of
the
grounds
9
for
the
warrant
and
shall
describe
with
a
reasonable
degree
of
10
specificity
the
person
or
persons
whose
driving
is
believed
to
11
have
been
the
proximate
cause
of
the
accident
and
from
whom
a
12
specimen
is
to
be
withdrawn
in
violation
of
section
321J.2
or
13
321J.2A
and
the
location
where
the
withdrawal
of
the
specimen
14
or
specimens
is
to
take
place.
15
Sec.
30.
Section
321J.12,
subsections
1
and
2,
Code
2017,
16
are
amended
to
read
as
follows:
17
1.
Upon
certification,
subject
to
penalty
for
perjury,
by
18
the
peace
officer
that
there
existed
reasonable
grounds
to
19
believe
that
the
person
had
been
operating
a
motor
vehicle
in
20
violation
of
section
321J.2
,
that
there
existed
one
or
more
21
of
the
necessary
conditions
for
chemical
testing
described
in
22
section
321J.6,
subsection
1
,
and
that
the
person
submitted
to
23
chemical
testing
and
the
test
results
indicated
the
presence
24
of
a
controlled
substance
or
other
drug,
or
an
alcohol
25
concentration
equal
to
or
in
excess
of
the
level
prohibited
by
26
section
321J.2
,
or
a
combination
of
alcohol
and
another
drug
in
27
violation
of
section
321J.2
,
the
department
shall
revoke
the
28
person’s
driver’s
license
or
nonresident
operating
privilege
29
for
the
following
periods
of
time:
30
a.
One
hundred
eighty
days
year
if
the
person
has
had
no
31
revocation
under
this
chapter
.
32
b.
One
year
Two
years
if
the
person
has
had
a
previous
33
revocation
under
this
chapter
.
34
2.
a.
A
person
whose
driver’s
license
or
nonresident
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operating
privileges
have
been
revoked
under
subsection
1
,
1
paragraph
“a”
,
whose
alcohol
concentration
is
.08
or
more
but
2
not
more
than
.10
shall
not
be
eligible
for
any
temporary
3
restricted
license
for
at
least
thirty
days
after
the
effective
4
date
of
the
revocation
if
a
test
was
obtained
and
an
accident
5
resulting
in
personal
injury
or
property
damage
occurred
or
6
the
defendant’s
alcohol
concentration
exceeded
.15
.
The
There
7
shall
be
no
such
period
of
ineligibility
if
no
such
accident
8
occurred
and
the
defendant’s
alcohol
concentration
did
not
9
exceed
.15.
10
b.
Upon
revocation,
the
department
shall
require
the
11
defendant
to
install
an
ignition
interlock
device
of
a
type
12
approved
by
the
commissioner
of
public
safety
on
all
vehicles
13
owned
or
operated
by
the
defendant
if
the
defendant
seeks
a
14
temporary
license
unless
the
defendant’s
driver’s
license
15
or
nonresident
operating
privilege
has
been
permanently
16
revoked
under
this
chapter
.
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
c.
If
the
person
is
under
the
age
of
twenty-one,
the
person
33
shall
not
be
eligible
for
a
temporary
restricted
license
for
at
34
least
sixty
days
after
the
effective
date
of
the
revocation.
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d.
A
person
whose
license
or
privileges
have
been
revoked
1
under
subsection
1
,
paragraph
“b”
,
for
one
year
shall
not
be
2
eligible
for
any
temporary
restricted
license
for
forty-five
3
days
after
the
effective
date
of
the
revocation,
and
upon
4
revocation
the
department
shall
require
the
person
to
install
5
an
ignition
interlock
device
of
a
type
approved
by
the
6
commissioner
of
public
safety
on
all
vehicles
owned
or
operated
7
by
the
defendant
if
the
defendant
seeks
a
temporary
restricted
8
license
at
the
end
of
the
minimum
period
of
ineligibility
9
unless
the
defendant’s
driver’s
license
or
nonresident
10
operating
privilege
has
been
permanently
revoked
under
this
11
chapter
.
The
temporary
restricted
license
shall
be
issued
in
12
accordance
with
section
321J.20,
subsection
2
.
A
temporary
13
restricted
license
shall
not
be
granted
by
the
department
until
14
the
defendant
installs
the
ignition
interlock
device.
15
Sec.
31.
Section
321J.17,
subsection
3,
Code
2017,
is
16
amended
to
read
as
follows:
17
3.
The
department
shall
also
require
certification
of
18
installation
of
an
ignition
interlock
device
of
a
type
approved
19
by
the
commissioner
of
public
safety
on
all
motor
vehicles
20
owned
or
operated
by
any
person
seeking
reinstatement
following
21
a
second
or
subsequent
revocation
under
section
321J.4
,
22
321J.9
,
or
321J.12
.
The
requirement
for
the
installation
of
23
an
approved
ignition
interlock
device
shall
be
for
one
year
24
from
the
date
of
reinstatement
unless
a
longer
time
period
is
25
required
by
statute
the
period
of
time
required
under
section
26
321J.20A
.
The
one-year
period
a
person
is
required
to
maintain
27
an
ignition
interlock
device
under
this
subsection
shall
be
28
reduced
by
any
period
of
time
the
person
held
a
valid
temporary
29
restricted
license
during
the
period
of
the
revocation
for
30
the
occurrence
from
which
the
arrest
arose.
The
person
shall
31
not
operate
any
motor
vehicle
which
is
not
equipped
with
an
32
approved
ignition
interlock
device
during
the
period
in
which
33
an
ignition
interlock
device
must
be
maintained,
and
the
34
department
shall
not
grant
reinstatement
unless
the
person
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certifies
installation
of
an
ignition
interlock
device
as
1
required
in
this
subsection
.
2
Sec.
32.
Section
321J.20,
subsection
1,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
4
follows:
5
The
department
may,
on
application,
issue
a
temporary
6
restricted
license
to
a
person
whose
noncommercial
driver’s
7
license
is
revoked
under
this
chapter
allowing
unless
the
8
person’s
noncommercial
driver’s
license
has
been
permanently
9
revoked.
A
temporary
restricted
license
issued
under
this
10
subsection
may
allow
the
person
to
drive
to
and
from
the
11
person’s
home
and
specified
places
at
specified
times
which
can
12
be
verified
by
the
department
and
which
are
required
by
the
13
person’s
full-time
or
part-time
employment,
continuing
health
14
care
or
the
continuing
health
care
of
another
who
is
dependent
15
upon
the
person,
continuing
education
while
enrolled
in
an
16
educational
institution
on
a
part-time
or
full-time
basis
and
17
while
pursuing
a
course
of
study
leading
to
a
diploma,
degree,
18
or
other
certification
of
successful
educational
completion,
19
substance
abuse
treatment,
court-ordered
community
service
20
responsibilities,
and
appointments
with
the
person’s
parole
or
21
probation
officer
,
and
participation
in
a
program
established
22
pursuant
to
chapter
901D,
if
the
person’s
driver’s
license
has
23
not
been
revoked
previously
under
section
321J.4
,
321J.9
,
or
24
321J.12
and
if
any
of
the
following
apply:
25
Sec.
33.
Section
321J.20,
subsection
1,
paragraphs
b
and
d,
26
Code
2017,
are
amended
to
read
as
follows:
27
b.
A
temporary
restricted
license
may
be
issued
under
this
28
subsection
if
the
person’s
noncommercial
driver’s
license
is
29
revoked
for
two
years
under
section
321J.4,
subsection
2
,
or
30
section
321J.9,
subsection
1
,
paragraph
“b”
,
and
the
first
three
31
hundred
sixty-five
days
of
the
revocation
have
expired.
32
d.
Following
the
applicable
minimum
period
of
ineligibility,
33
a
temporary
restricted
license
under
this
subsection
shall
not
34
be
issued
until
unless
the
applicant
installs
has
installed
35
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an
ignition
interlock
device
of
a
type
approved
by
the
1
commissioner
of
public
safety
on
all
motor
vehicles
owned
or
2
operated
by
the
applicant
in
accordance
with
section
321J.2
,
3
321J.4
,
321J.9
,
or
321J.12
.
Installation
of
an
ignition
4
interlock
device
under
this
subsection
shall
be
required
for
5
the
period
of
time
for
which
the
temporary
restricted
license
6
is
issued
and
for
such
additional
period
of
time
following
7
reinstatement
as
is
required
under
section
321J.17,
subsection
8
3
provided
under
section
321J.20A
.
9
Sec.
34.
Section
321J.20,
subsections
2
and
3,
Code
2017,
10
are
amended
to
read
as
follows:
11
2.
a.
Notwithstanding
section
321.560
,
the
department
may,
12
on
application,
and
upon
the
expiration
of
the
minimum
period
13
of
ineligibility
for
a
temporary
restricted
license
provided
14
for
under
section
321.560
,
321J.4
,
321J.9
,
or
321J.12
,
issue
a
15
temporary
restricted
license
to
a
person
whose
noncommercial
16
driver’s
license
has
either
been
revoked
under
this
chapter
,
or
17
revoked
or
suspended
under
chapter
321
solely
for
violations
18
of
this
chapter
,
or
who
has
been
determined
to
be
a
habitual
19
offender
under
chapter
321
based
solely
on
violations
of
this
20
chapter
or
on
violations
listed
in
section
321.560,
subsection
21
1
,
paragraph
“b”
,
and
who
is
not
eligible
for
a
temporary
22
restricted
license
under
subsection
1
.
However,
the
department
23
may
shall
not
issue
a
temporary
restricted
license
under
24
this
subsection
for
a
violation
of
section
321J.2A
,
or
to
a
25
person
under
the
age
of
twenty-one
whose
license
is
revoked
26
under
section
321J.4
,
321J.9
,
or
321J.12
,
or
to
a
person
whose
27
noncommercial
driver’s
license
has
been
permanently
revoked
28
under
this
chapter
.
A
temporary
restricted
license
issued
29
under
this
subsection
may
allow
the
person
to
drive
to
and
30
from
the
person’s
home
and
specified
places
at
specified
times
31
which
can
be
verified
by
the
department
and
which
are
required
32
by
the
person’s
full-time
or
part-time
employment;
continuing
33
education
while
enrolled
in
an
educational
institution
on
a
34
part-time
or
full-time
basis
and
while
pursuing
a
course
of
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study
leading
to
a
diploma,
degree,
or
other
certification
1
of
successful
educational
completion;
or
substance
abuse
2
treatment
;
or
participation
in
a
program
established
pursuant
3
to
chapter
901D
.
4
b.
A
temporary
restricted
license
issued
under
this
5
subsection
shall
not
be
issued
until
unless
the
applicant
6
installs
has
installed
an
approved
ignition
interlock
device
7
on
all
motor
vehicles
owned
or
operated
by
the
applicant.
8
Installation
of
an
ignition
interlock
device
under
this
9
subsection
shall
be
required
for
the
period
of
time
for
10
which
the
temporary
restricted
license
is
issued,
and
for
11
such
additional
period
of
time
following
reinstatement
as
is
12
required
under
section
321J.17,
subsection
3
provided
under
13
section
321J.20A
.
However,
a
person
whose
driver’s
license
or
14
nonresident
operating
privilege
has
been
revoked
under
section
15
321J.21
may
apply
to
the
department
for
a
temporary
restricted
16
license
without
the
requirement
of
an
ignition
interlock
device
17
if
at
least
twelve
twenty-five
years
have
elapsed
since
the
end
18
of
the
underlying
revocation
period
for
a
first
violation
of
19
section
321J.2
.
20
3.
If
a
person
required
to
install
an
ignition
interlock
21
device
or
participate
in
a
program
established
pursuant
to
22
chapter
901D
operates
a
motor
vehicle
which
does
not
have
an
23
approved
ignition
interlock
device
or
while
not
in
compliance
24
with
the
program,
or
if
the
person
tampers
with
or
circumvents
25
an
ignition
interlock
device,
in
addition
to
other
penalties
26
provided,
the
person’s
temporary
restricted
license
shall
be
27
revoked.
28
Sec.
35.
Section
321J.20,
Code
2017,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
10.
Notwithstanding
any
other
provision
of
31
law
to
the
contrary,
in
any
circumstance
in
which
this
chapter
32
requires
the
installation
of
an
ignition
interlock
device
in
33
all
vehicles
owned
or
operated
by
a
person
as
a
condition
of
34
the
person’s
license
or
privilege
to
operate
noncommercial
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motor
vehicles,
the
department
shall
require
the
person
to
1
participate
in
and
be
in
compliance
with
a
sobriety
and
drug
2
monitoring
program
established
pursuant
to
chapter
901D
if
the
3
person’s
offense
under
this
chapter
qualifies
as
an
eligible
4
offense
as
defined
in
section
901D.2,
and
the
person’s
offense
5
occurred
in
a
participating
jurisdiction,
as
defined
in
section
6
901D.2.
The
department,
in
consultation
with
the
department
7
of
public
safety,
may
adopt
rules
for
issuing
and
accepting
a
8
certification
of
participation
in
and
compliance
with
a
program
9
established
pursuant
to
chapter
901D.
This
subsection
shall
be
10
construed
and
implemented
to
comply
with
23
U.S.C.
§164(a),
as
11
amended
by
the
federal
Fixing
America’s
Surface
Transportation
12
Act,
Pub.
L.
No.
114-94,
§1414,
and
shall
not
apply
if
such
13
application
results
in
a
finding
of
noncompliance
with
23
14
U.S.C.
§164
that
results
or
will
result
in
a
reservation
15
or
transfer
of
funds
pursuant
to
23
U.S.C.
§164(b).
This
16
subsection
shall
not
authorize
the
operation
of
a
motor
vehicle
17
for
any
purpose
not
otherwise
authorized
by
this
chapter.
18
Sec.
36.
NEW
SECTION
.
321J.20A
Ignition
interlock
devices
19
——
duration
of
requirements
——
indigent
user
fund.
20
1.
a.
An
ignition
interlock
device
installed
in
a
motor
21
vehicle
as
required
by
this
chapter
shall
be
installed
in
the
22
vehicle
for
as
long
as
the
defendant
is
the
owner
or
operator
23
of
the
vehicle,
except
as
provided
in
this
subsection.
24
b.
If
an
ignition
interlock
device
was
installed
in
a
25
motor
vehicle
as
a
result
of
the
defendant’s
first
offense
or
26
revocation
under
this
chapter,
the
device
shall
be
uninstalled
27
after
the
later
of
the
following:
28
(1)
Two
years
after
the
date
the
defendant’s
driver’s
29
license
revocation
period
ends.
30
(2)
One
hundred
eighty
days
after
the
date
the
defendant
31
last
failed
a
test
or
retest
by
the
device
because
the
32
defendant’s
alcohol
concentration
exceeded
the
limit
33
established
under
661
IAC
158.6.
34
(3)
One
hundred
eighty
days
after
the
date
the
defendant
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last
failed
to
maintain
the
device
as
required
under
661
IAC
1
ch.
158.
2
c.
Notwithstanding
paragraph
“b”
,
an
ignition
interlock
3
device
installed
in
a
motor
vehicle
as
required
by
this
chapter
4
shall
not
be
uninstalled
if
the
defendant
has
been
convicted
of
5
tampering
with
or
circumventing
an
ignition
interlock
device.
6
2.
If
the
defendant
fails
a
test
or
retest
by
an
ignition
7
interlock
device
installed
in
a
motor
vehicle
as
required
by
8
this
chapter
because
the
defendant’s
alcohol
concentration
9
exceeded
the
limit
established
under
661
IAC
158.6,
the
failure
10
shall
be
reported
by
the
device
or
an
entity
monitoring
the
11
device
to
the
department.
12
3.
Upon
revocation,
and
at
such
times
as
the
department
may
13
require
by
rule,
a
defendant
shall
certify
to
the
department
14
that
the
defendant
has
installed
an
approved
ignition
15
interlock
device
in
all
motor
vehicles
owned
or
operated
by
16
the
defendant.
The
department
may
adopt
rules
relating
to
the
17
form,
manner,
and
circumstances
under
which
a
defendant
is
18
required
to
submit
a
certification
to
the
department
that
the
19
defendant
has
installed
an
approved
ignition
interlock
device
20
in
all
motor
vehicles
owned
or
operated
by
the
defendant.
21
4.
a.
An
ignition
interlock
indigent
user
fund
is
created
22
in
the
state
treasury.
The
fund
shall
be
administered
by
23
the
department
and
shall
consist
of
moneys
collected
by
the
24
department
under
this
subsection.
The
moneys
in
the
fund
are
25
appropriated
to
and
shall
be
used
by
the
department
to
assist
26
indigent
users
of
ignition
interlock
devices
in
paying
for
the
27
use
of
the
devices.
Notwithstanding
section
8.33,
moneys
in
28
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
any
29
other
fund
but
shall
remain
in
the
fund
for
expenditure
for
30
subsequent
fiscal
years.
31
b.
Each
month,
the
department
shall
assess
an
ignition
32
interlock
user
fee
to
each
user
of
an
ignition
interlock
33
device.
All
ignition
interlock
user
fees
shall
be
collected
by
34
the
department
and
deposited
in
the
ignition
interlock
indigent
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user
fund.
The
amount
of
the
monthly
ignition
interlock
user
1
fee
shall
be
set
by
the
department
so
that
the
moneys
in
the
2
ignition
interlock
indigent
user
fund
are
sufficient
to
assist
3
all
indigent
users
of
ignition
interlock
devices
in
paying
for
4
the
use
of
the
devices.
5
c.
A
person
is
indigent
for
the
purposes
of
this
subsection
6
if
any
of
the
following
apply:
7
(1)
The
person
has
an
income
level
at
or
below
one
hundred
8
twenty-five
percent
of
the
United
States
poverty
level
as
9
defined
by
the
most
recently
revised
poverty
income
guidelines
10
published
by
the
United
States
department
of
health
and
human
11
services,
and
the
department
determines
that
the
person
is
12
unable
to
pay
for
the
cost
of
an
ignition
interlock
device.
In
13
making
the
determination
of
a
person’s
ability
to
pay
for
the
14
cost
of
a
device,
the
department
shall
consider
not
only
the
15
person’s
income,
but
also
the
person’s
other
assets,
including
16
but
not
limited
to
cash,
stocks,
bonds,
and
any
other
property.
17
(2)
The
person
has
an
income
level
greater
than
one
hundred
18
twenty-five
percent,
but
at
or
below
two
hundred
percent,
of
19
the
most
recently
revised
poverty
income
guidelines
published
20
by
the
United
States
department
of
health
and
human
services,
21
and
the
department
determines
that
paying
for
the
ignition
22
interlock
device
would
cause
the
person
substantial
hardship.
23
In
determining
whether
substantial
hardship
would
result,
the
24
department
shall
consider
not
only
the
person’s
income,
but
25
also
the
person’s
other
assets,
including
but
not
limited
to
26
cash,
stocks,
bonds,
and
any
other
property.
27
d.
The
department
shall
adopt
rules
to
administer
this
28
subsection,
including
but
not
limited
to
the
manner
used
to
29
determine
the
monthly
ignition
interlock
user
fee
and
the
30
accepted
form
and
manner
in
which
a
person
may
demonstrate
31
indigency.
32
Sec.
37.
Section
707.6A,
subsections
1,
1A,
1B,
1C,
1D,
and
33
4,
Code
2017,
are
amended
to
read
as
follows:
34
1.
A
person
commits
a
class
“B”
felony
punishable
by
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imprisonment
not
to
exceed
fifty
years
when
the
person
1
unintentionally
causes
the
death
of
another
by
operating
a
2
motor
vehicle
while
intoxicated,
as
prohibited
by
section
3
321J.2
.
4
1A.
a.
Upon
a
plea
or
verdict
of
guilty
of
a
violation
5
of
this
subsection
1
,
the
defendant
shall
surrender
to
the
6
court
any
Iowa
license
or
permit
and
the
court
shall
forward
7
the
license
or
permit
to
the
department
with
a
copy
of
the
8
order
of
conviction.
Upon
receipt
of
the
order
of
conviction,
9
the
department
shall
revoke
the
defendant’s
driver’s
license
10
or
nonresident
operating
privilege
for
a
period
of
six
years
11
permanently
.
The
defendant
shall
not
be
eligible
for
a
any
12
temporary
restricted
license
for
at
least
two
years
after
the
13
revocation
.
14
1B.
b.
Upon
a
plea
or
verdict
of
guilty
of
a
violation
of
15
this
subsection
1
,
the
court
shall
order
the
defendant,
at
the
16
defendant’s
expense,
to
do
all
of
the
following:
17
a.
(1)
Enroll,
attend,
and
satisfactorily
complete
a
course
18
for
drinking
drivers,
as
provided
in
section
321J.22
.
19
b.
(2)
Submit
to
evaluation
and
treatment
or
rehabilitation
20
services.
21
1C.
A
driver’s
license
or
nonresident
operating
privilege
22
shall
not
be
reinstated
until
proof
of
completion
of
the
23
requirements
of
subsection
1B
is
presented
to
the
department.
24
1D.
c.
Where
the
program
is
available
and
appropriate
for
25
the
defendant,
the
court
shall
also
order
the
defendant
to
26
participate
in
a
reality
education
substance
abuse
prevention
27
program
as
provided
in
section
321J.24
.
28
4.
a.
A
person
commits
a
class
“C”
felony
when
the
person
29
unintentionally
causes
a
serious
injury,
as
defined
in
section
30
702.18,
by
the
means
described
in
subsection
1.
Upon
a
plea
31
or
verdict
of
guilty
of
a
violation
of
this
paragraph
“a”
,
the
32
defendant
shall
surrender
to
the
court
any
Iowa
license
or
33
permit
and
the
court
shall
forward
the
license
or
permit
to
34
the
department
with
a
copy
of
the
order
of
conviction.
Upon
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receipt
of
the
order
of
conviction,
the
department
shall
revoke
1
the
defendant’s
driver’s
license
or
nonresident
operating
2
privilege
permanently.
3
b.
A
person
commits
a
class
“D”
felony
when
the
person
4
unintentionally
causes
a
serious
injury,
as
defined
in
section
5
702.18
,
by
any
of
the
means
described
in
subsection
1
or
2
.
6
Sec.
38.
Section
809A.3,
subsection
2,
Code
2017,
is
amended
7
to
read
as
follows:
8
2.
Notwithstanding
subsection
1
,
violations
of
chapter
9
321
or
321J
shall
not
be
considered
conduct
giving
rise
to
10
forfeiture,
except
for
violations
as
provided
in
any
of
the
11
following:
12
a.
Section
321.232
.
13
b.
A
second
or
subsequent
violation
of
section
321J.4B,
14
subsection
2
,
paragraph
“a”
,
subparagraph
(2).
15
c.
b.
Section
321J.4B,
subsection
6,
9
,
or
10
.
16
DIVISION
III
17
PERSONS
INVOLVED
IN
THE
SALE
OF
ALCOHOLIC
BEVERAGES
18
Sec.
39.
Section
123.39,
subsection
1,
paragraph
b,
Code
19
2017,
is
amended
by
adding
the
following
new
subparagraph:
20
NEW
SUBPARAGRAPH
.
(7)
Failure
to
submit
a
plan
and
21
procedure
for
the
transportation
of
intoxicated
persons
to
the
22
satisfaction
of
the
division
or
local
authority
as
required
by
23
section
123.50,
subsection
6.
24
Sec.
40.
Section
123.49,
Code
2017,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
1A.
A
person
holding
a
liquor
control
27
license
or
wine
or
beer
permit
for
on-premises
consumption
28
shall
not
sell,
dispense,
or
give
to
a
person
any
alcoholic
29
liquor,
wine,
or
beer,
if
the
person’s
driver’s
license
is
30
marked
pursuant
to
section
321.189,
subsection
2,
paragraph
31
“0c”
.
32
Sec.
41.
Section
123.50,
Code
2017,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
6.
If
an
employee
of
a
licensee
or
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permittee
violates
section
123.49,
subsection
1,
the
licensee
1
or
permittee
shall
submit
to
the
division
or
local
authority
2
a
plan
and
procedure
for
the
licensee
or
permittee
to
obtain
3
transportation
for
intoxicated
persons
on
the
premises
of
the
4
licensee’s
or
permittee’s
business
from
the
licensee’s
or
5
permittee’s
business
to
the
intoxicated
person’s
home.
Failure
6
to
submit
such
a
plan
and
procedure
to
the
satisfaction
of
the
7
division
or
local
authority
shall
be
grounds
for
the
suspension
8
or
revocation
of
the
license
or
permit
of
the
licensee
or
9
permittee
by
the
division
or
the
local
authority.
10
Sec.
42.
Section
123.50A,
Code
2017,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
5.
An
employee
or
prospective
employee
13
of
a
licensee
or
permittee
shall
complete
or
re-complete
the
14
alcohol
compliance
employee
training
program
if
the
employee,
15
prospective
employee,
or
another
employee
of
the
licensee
16
or
permittee
is
convicted
of
a
violation
of
section
123.49,
17
subsection
1
or
1A.
The
employee
or
prospective
employee
shall
18
attend
the
next
available
alcohol
compliance
employee
training
19
program
taking
place
within
one
hundred
miles
of
the
licensee’s
20
or
permittee’s
business.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
DIVISION
I
——
STATEWIDE
SOBRIETY
AND
DRUG
MONITORING
25
PROGRAM.
This
bill
directs
the
department
of
public
safety
26
(DPS)
to
establish
a
statewide
sobriety
and
drug
monitoring
27
program
that
is
available
24
hours
per
day,
seven
days
per
28
week.
Under
the
program,
a
court
or
governmental
entity,
as
29
a
condition
of
bond,
pretrial
release,
sentence,
probation,
30
parole,
or
a
temporary
restricted
license,
may
require
a
person
31
who
has
been
charged
with,
pled
guilty
to,
or
been
convicted
32
of
an
eligible
offense
to
abstain
from
alcohol
and
controlled
33
substances
for
a
period
of
time.
The
bill
provides
that
an
34
eligible
offense
is
a
criminal
offense
in
which
the
abuse
of
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alcohol
or
a
controlled
substance
was
a
contributing
factor
1
in
the
commission
of
the
offense
as
determined
by
the
court
2
or
governmental
entity
of
the
participating
jurisdiction,
3
including
but
not
limited
to
a
first
or
subsequent
offense
of
4
operating
while
intoxicated
(OWI).
5
The
program
requires
a
person
to
be
subject
to
testing
to
6
determine
whether
alcohol
or
a
controlled
substance
is
present
7
in
the
person’s
body
at
least
twice
per
day
at
a
central
8
location
where
an
immediate
sanction
can
be
applied.
Where
9
such
testing
creates
a
documented
hardship
or
is
geographically
10
impractical,
an
alternative
method
approved
by
DPS
may
be
used.
11
Hardship
or
geographic
impracticality
is
determined
by
12
documentation
and
consideration
of
whether
a
testing
device
is
13
available,
whether
the
participant
is
capable
of
paying
the
14
fees
and
costs
associated
with
the
testing
device,
whether
15
the
participant
is
capable
of
wearing
the
testing
device,
and
16
whether
the
participant
fails
to
qualify
for
testing
twice
17
per
day
because
the
participant
lives
in
a
rural
area,
the
18
participant’s
employment
requires
the
participant’s
presence
at
19
a
location
remote
from
the
testing
location,
or
the
participant
20
has
repeatedly
violated
the
requirements
of
the
program.
21
The
bill
prohibits
a
person
who
has
been
required
to
22
participate
in
the
program
and
whose
driver’s
license
is
23
suspended
or
revoked
from
participating
in
the
program
until
24
the
person
is
eligible
for
a
temporary
restricted
license.
A
25
person
must
install
an
ignition
interlock
device
on
all
motor
26
vehicles
owned
or
operated
by
the
person
to
participate
in
27
the
program.
A
person
who
has
been
charged
with,
pled
guilty
28
to,
or
been
convicted
of
an
eligible
offense
who
has
not
29
been
required
to
participate
in
the
program
may
apply
to
the
30
participating
jurisdiction
in
order
to
participate.
31
If
a
jurisdiction
applies
to
and
is
approved
by
DPS
to
32
participate
in
the
program,
the
bill
requires
DPS
to
assist
the
33
jurisdiction
in
setting
up
and
administering
the
program.
The
34
participating
jurisdiction
must
establish
testing
locations
and
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may
designate
a
third
party
to
provide
testing
services.
1
Any
efforts
by
DPS
to
alter
or
modify
the
core
components
2
of
the
program
are
required
to
include
a
documented
strategy
3
for
achieving
and
measuring
the
effectiveness
of
the
planned
4
alteration
or
modification.
Before
the
core
components
of
the
5
program
can
be
altered
or
modified,
a
pilot
program
must
be
6
initiated
and
monitored.
7
The
bill
requires
DPS
to
adopt
rules
providing
for
the
nature
8
and
manner
of
testing;
establishing
reasonable
fees;
providing
9
for
the
application,
acceptance,
and
use
of
public
and
private
10
grants,
gifts,
and
donations;
establishing
a
process
for
11
the
identification
and
management
of
indigent
participants;
12
providing
for
the
creation
and
administration
of
a
stakeholder
13
group
to
review
and
recommend
changes
to
the
program;
and
14
establishing
a
process
for
the
submission
and
approval
of
15
applications
from
jurisdictions.
The
bill
further
requires
the
16
amount
of
the
fees
to
be
set
at
an
amount
such
that
the
fees
17
collected
in
a
participating
jurisdiction
are
sufficient
to
pay
18
for
the
costs
of
the
program
in
the
participating
jurisdiction,
19
including
all
costs
to
the
state.
20
In
addition,
the
bill
requires
DPS
to
provide
for
and
approve
21
the
use
of
a
program
data
management
system
to
be
used
by
DPS
22
and
all
participating
jurisdictions
to
manage
testing,
test
23
events,
test
results,
data
access,
fees,
the
collection
of
fee
24
payments,
and
the
submission
and
collection
of
any
required
25
reports.
The
bill
provides
for
certain
required
features
of
26
the
data
management
system.
27
A
court
may
condition
any
bond
or
pretrial
release
otherwise
28
authorized
by
law
for
a
person
charged
with
an
eligible
offense
29
upon
participation
in
the
program
and
payment
of
the
required
30
fees.
A
court
may
also
condition
a
suspended
sentence
or
31
probation
otherwise
authorized
by
law
for
a
person
convicted
32
of
an
eligible
offense
upon
participation
in
the
program
33
and
payment
of
the
required
fees.
Likewise,
the
board
of
34
parole,
the
department
of
corrections,
or
a
parole
officer
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may
condition
parole
otherwise
authorized
by
law
for
a
person
1
convicted
of
an
eligible
offense
upon
participation
in
the
2
program
and
payment
of
the
required
fees.
3
The
bill
requires
an
order
or
directive
placing
a
4
participant
in
the
program
to
include
the
type
of
testing
5
required
to
be
administered
and
the
length
of
time
that
the
6
participant
is
required
to
remain
in
the
program.
At
the
7
time
of
enrollment,
a
representative
of
the
law
enforcement
8
agency
of
a
participating
jurisdiction
must
enter
the
9
participant’s
information
into
the
data
management
system.
The
10
representative
of
the
agency
must
provide
the
participant
with
11
the
appropriate
materials
required
by
the
program,
inform
the
12
participant
that
the
participant’s
information
may
be
shared
13
for
law
enforcement
and
reporting
purposes,
and
provide
the
14
participant
with
information
related
to
the
required
testing,
15
procedures,
and
fees.
16
The
bill
provides
that
the
law
enforcement
agency
of
a
17
participating
jurisdiction
must
establish
and
maintain
a
18
sobriety
program
account,
and
collect
the
required
fees.
The
19
law
enforcement
agency
must
distribute
a
portion
of
the
fees
to
20
any
participating
third-party
designee
in
accordance
with
the
21
agreement
between
the
agency
and
the
third-party
designee,
and
22
the
remainder
of
the
fees
collected
must
be
deposited
in
the
23
participating
jurisdiction’s
sobriety
program
account
and
must
24
be
used
only
for
the
purposes
of
administering
and
operating
25
the
program.
26
The
bill
requires
allegations
that
a
participant
failed
27
a
test,
refused
to
submit
to
a
test,
or
failed
to
appear
28
for
testing
to
be
communicated
ex
parte
by
the
participating
29
jurisdiction,
a
law
enforcement
agency
of
the
participating
30
jurisdiction,
or
the
participating
jurisdiction’s
third-party
31
designee
to
a
magistrate
as
soon
as
practicable.
A
magistrate
32
who
receives
such
a
communication
may
order
the
participant’s
33
immediate
incarceration
pending
a
hearing
on
the
allegation
34
but
lasting
no
longer
than
24
hours
after
the
issuance
of
the
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order,
or
if
the
participant
failed
to
appear
for
testing
as
1
scheduled,
the
magistrate
may
issue
a
warrant
for
the
arrest
of
2
the
participant
for
a
violation
of
the
terms
of
bond,
pretrial
3
release,
sentence,
probation,
or
parole.
4
Upon
the
failure
of
a
participant
to
submit
to
or
pass
a
5
test
under
the
program,
the
court
may
notify
the
department
6
of
transportation
(DOT)
of
the
participant’s
noncompliance
7
and
direct
the
DOT
to
withdraw
the
participant’s
temporary
8
restricted
license
and
reinstate
the
remainder
of
the
license
9
suspension
or
revocation
period.
10
The
bill
requires
DPS
to
submit
a
report
to
the
general
11
assembly
detailing
the
effectiveness
of
the
program
and
making
12
recommendations
by
December
1,
2021.
13
DIVISION
II
——
OPERATING
WHILE
INTOXICATED.
The
bill
14
increases
the
look-back
period
for
determining
whether
an
15
OWI
offense
is
a
first
or
a
subsequent
offense
from
12
years
16
to
25
years.
In
addition,
the
bill
requires
an
emblem
to
be
17
displayed
on
the
back
of
a
person’s
driver’s
license
if
the
18
person
has
been
convicted
of
an
OWI
offense
or
has
had
the
19
person’s
driver’s
license
revoked
under
Code
chapter
321J.
20
For
a
first
offense
of
OWI,
the
bill
increases
the
driver’s
21
license
revocation
period
from
180
days
to
one
year
if
the
22
person
submitted
to
a
chemical
test,
and
from
one
year
to
two
23
years
if
the
person
refused
a
chemical
test.
For
a
second
24
offense
of
OWI,
the
bill
increases
the
driver’s
license
25
revocation
period
from
one
year
to
two
years
if
the
person
26
submitted
to
a
chemical
test,
and
from
two
years
to
four
years
27
if
the
person
refused
the
chemical
test.
For
a
third
offense
28
of
OWI,
the
bill
strikes
the
driver’s
license
revocation
period
29
of
six
years,
requires
the
DOT
to
revoke
a
person’s
driver’s
30
license
permanently,
and
provides
that
such
a
person
is
not
31
eligible
for
a
temporary
restricted
license.
If
a
person
32
guilty
of
any
OWI
offense
seriously
injures
or
kills
another
33
person,
the
bill
also
requires
the
DOT
to
revoke
the
person’s
34
driver’s
license
permanently
and
provides
that
such
a
person
is
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not
eligible
for
a
temporary
restricted
license.
1
Under
Code
section
321J.4B
(motor
vehicle
impoundment
or
2
immobilization),
the
bill
removes
from
the
definition
of
3
“immobilized”
the
installation
of
an
ignition
interlock
device
4
of
a
type
approved
by
the
commissioner
of
public
safety.
The
5
bill
increases
the
penalty
for
an
owner
of
a
vehicle
impounded
6
or
immobilized,
who
knows
of,
should
have
known
of,
or
gives
7
consent
to
the
operation
of
the
vehicle
by
a
person
with
a
8
revoked
driver’s
license
due
to
an
OWI
violation
from
a
simple
9
misdemeanor
to
a
serious
misdemeanor.
A
serious
misdemeanor
10
is
punishable
by
up
to
one
year
in
prison
and
a
fine
of
at
11
least
$315
but
not
to
exceed
$1,875.
The
bill
also
increases
12
the
minimum
period
of
impoundment
or
immobilization
from
180
13
days
to
one
year.
In
addition,
the
bill
provides
that
a
person
14
who
operates
a
vehicle
with
a
revoked
driver’s
license
due
to
15
a
second
or
subsequent
OWI
violation
must
have
the
person’s
16
vehicle
seized
and
forfeited
to
the
state.
The
bill
also
17
updates
certain
references
in
Code
chapter
809A
(forfeiture
18
reform
Act).
19
Under
current
law,
a
preliminary
screening
test
is
20
prohibited
from
being
used
in
any
court
action
except
to
21
prove
that
a
chemical
test
was
properly
requested
of
a
person
22
pursuant
to
Code
chapter
321J.
The
bill
specifies
that
the
23
results
of
a
breath
test
administered
after
a
preliminary
24
screening
test
by
a
certified
operator
using
a
portable
breath
25
testing
instrument
may
be
used
as
evidence
in
any
court
action.
26
Current
law
provides
for
an
expedited
warrant
procedure
to
27
withdrawal
a
specimen
of
breath,
urine,
or
blood
for
chemical
28
testing
from
a
person
involved
in
a
traffic
accident
that
29
has
resulted
in
a
death
or
personal
injury
reasonably
likely
30
to
cause
death,
and
there
are
reasonable
grounds
to
believe
31
that
one
or
more
persons
whose
driving
may
have
been
the
32
proximate
cause
of
the
accident
were
operating
a
vehicle
while
33
intoxicated.
The
bill
applies
the
expedited
warrant
procedure
34
to
any
person
who
refuses
a
chemical
test
where
the
officer
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has
reasonable
grounds
to
believe
the
person
was
operating
a
1
vehicle
while
intoxicated.
2
Current
law
requires
a
person
guilty
of
operating
while
3
intoxicated
(OWI)
to
install
an
ignition
interlock
device
in
4
the
person’s
vehicle
if
the
person
seeks
a
temporary
restricted
5
license,
unless
the
person’s
alcohol
concentration
was
less
6
than
.10
and
no
accident
occurred.
This
bill
strikes
that
7
exception,
and
also
requires
a
person
guilty
of
OWI
to
install
8
an
ignition
interlock
device
in
the
person’s
vehicle
upon
the
9
revocation
of
the
person’s
driver’s
license
rather
than
upon
10
the
person’s
application
for
a
temporary
restricted
license.
11
Under
current
law,
an
ignition
interlock
device
is
required
12
to
be
installed
in
a
person’s
vehicle
for
the
period
of
time
13
for
which
the
person’s
temporary
restricted
license
is
issued,
14
and
up
to
one
additional
year
after
license
reinstatement
15
if
the
person
has
two
or
more
OWI
revocations.
The
bill
16
requires
the
permanent
installation
of
an
ignition
interlock
17
device
with
one
exception.
If
an
ignition
interlock
device
18
was
installed
in
a
vehicle
as
a
result
of
a
person’s
first
19
OWI
offense
or
revocation,
the
device
must
be
uninstalled
two
20
years
after
the
date
the
person’s
driver’s
license
revocation
21
period
ends,
180
days
after
the
date
the
person
last
failed
a
22
test
or
retest
by
the
device,
or
180
days
after
the
date
the
23
person
last
failed
to
maintain
the
device
as
required
under
DPS
24
rules,
whichever
is
later.
However,
the
bill
provides
that
an
25
ignition
interlock
device
installed
in
a
vehicle
must
not
be
26
uninstalled
if
the
person
has
been
convicted
of
tampering
with
27
or
circumventing
an
ignition
interlock
device.
28
The
bill
provides
that
a
test
failure
using
an
ignition
29
interlock
device
must
be
reported
by
the
device
or
an
entity
30
monitoring
the
device
to
the
DOT.
The
bill
also
provides
that
31
upon
revocation,
and
at
such
times
as
the
DOT
may
require,
a
32
person
must
certify
to
the
DOT
that
the
person
has
installed
33
an
ignition
interlock
device
in
all
vehicles
owned
or
operated
34
by
the
person.
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The
bill
requires
the
DOT
to
assess
a
monthly
ignition
1
interlock
user
fee
to
each
user
of
an
ignition
interlock
2
device.
All
ignition
interlock
user
fees
will
be
collected
3
by
the
DOT
and
deposited
in
an
ignition
interlock
indigent
4
user
fund
(IIIUF).
The
bill
requires
the
DOT
to
use
the
moneys
5
in
the
IIIUF
to
assist
indigent
users
of
ignition
interlock
6
devices
in
paying
for
the
use
of
the
devices.
The
amount
of
7
the
monthly
ignition
interlock
user
fee
shall
be
set
by
the
DOT
8
so
that
the
moneys
in
the
IIIUF
are
sufficient
to
assist
all
9
indigent
users
of
ignition
interlock
devices
in
paying
for
the
10
use
of
the
devices.
11
Under
the
bill,
a
person
is
indigent
if
the
person
has
an
12
income
level
at
or
below
125
percent
of
the
U.S.
poverty
level
13
and
the
person
is
unable
to
pay
for
the
cost
of
an
ignition
14
interlock
device.
A
person
is
also
indigent
if
the
person
has
15
an
income
level
greater
than
125
percent,
but
at
or
below
200
16
percent,
of
the
U.S.
poverty
level
and
paying
for
the
ignition
17
interlock
device
would
cause
the
person
substantial
hardship.
18
The
bill
increases
the
punishment
for
a
person
who
19
unintentionally
causes
the
death
of
another
person
by
operating
20
a
vehicle
while
intoxicated
from
up
to
25
years
in
prison
to
21
up
to
50
years
in
prison.
In
addition,
the
bill
increases
22
the
punishment
for
a
person
who
unintentionally
causes
23
serious
injury
to
another
person
by
operating
a
vehicle
while
24
intoxicated
from
a
class
“D”
felony
to
a
class
“C”
felony.
A
25
class
“C”
felony
is
punishable
by
up
to
10
years
in
prison
26
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000.
By
27
operation
of
law,
this
prohibits
a
person
who
unintentionally
28
causes
serious
injury
to
another
person
by
operating
a
vehicle
29
while
intoxicated
from
being
admitted
to
bail
under
Code
30
section
811.1.
31
DIVISION
III
——
PERSONS
INVOLVED
IN
THE
SALE
OF
ALCOHOLIC
32
BEVERAGES.
The
bill
prohibits
a
person
holding
a
liquor
33
control
license
or
wine
or
beer
permit
(licensee
or
permittee)
34
for
on-premises
consumption
from
selling,
dispensing,
or
giving
35
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another
person
any
alcoholic
liquor,
wine,
or
beer,
if
the
1
person’s
driver’s
license
is
marked
to
reflect
that
the
person
2
has
been
convicted
of
an
OWI
offense
or
has
had
the
person’s
3
driver’s
license
revoked
due
to
an
OWI
violation.
By
operation
4
of
law,
a
violation
of
this
provision
is
a
simple
misdemeanor
5
and
is
grounds
for
the
suspension
or
revocation
of
the
license
6
or
permit
of
the
licensee
or
permittee
under
Code
section
7
321.50,
and
may
result
in
a
civil
penalty
not
to
exceed
$1,000.
8
The
bill
requires
a
licensee
or
permittee
with
an
employee
9
who
has
served
alcohol
to
an
intoxicated
person
in
violation
10
of
Code
section
321.49
to
submit
to
the
alcoholic
beverages
11
division
of
the
department
of
commerce
or
a
local
authority
12
a
plan
and
procedure
for
the
licensee
or
permittee
to
obtain
13
transportation
for
intoxicated
persons
on
the
premises
of
a
14
licensee’s
or
permittee’s
business
from
the
business
to
the
15
intoxicated
person’s
home.
Failure
to
submit
such
a
plan
16
and
procedure
to
the
satisfaction
of
the
division
or
local
17
authority
is
grounds
for
the
suspension
or
revocation
of
the
18
license
or
permit
of
the
licensee
or
permittee,
and
may
result
19
in
a
civil
penalty
not
to
exceed
$1,000.
20
The
bill
also
requires
an
employee
or
prospective
employee
21
of
a
licensee
or
permittee
to
complete
or
re-complete
an
22
alcohol
compliance
employee
training
program
if
the
employee,
23
prospective
employee,
or
another
employee
of
the
licensee
or
24
permittee
is
convicted
of
serving
alcohol
to
an
intoxicated
25
person
or
to
a
person
with
a
driver’s
license
marked
to
reflect
26
that
the
person
has
been
convicted
of
an
OWI
offense
or
has
had
27
the
person’s
driver’s
license
revoked
due
to
an
OWI
violation.
28
The
bill
requires
the
person
to
attend
the
next
available
29
alcohol
compliance
employee
training
program
taking
place
30
within
100
miles
of
the
licensee’s
or
permittee’s
business.
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