House File 505 - Introduced HOUSE FILE 505 BY BROWN-POWERS A BILL FOR An Act requiring a distinguishing mark on driver’s licenses 1 issued to persons convicted of a third or subsequent offense 2 of operating while intoxicated. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2112YH (4) 87 ns/rh/nh

H.F. 505 Section 1. Section 321.189, subsection 2, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0d. Subject to the requirements of section 3 321J.26, if the licensee has been convicted of a third or 4 subsequent offense of operating while intoxicated in violation 5 of section 321J.2, a distinguishing mark created by the 6 department shall appear on the back of the licensee’s driver’s 7 license. 8 Sec. 2. NEW SECTION . 321J.26 Certain licenses conditioned 9 on abstinence. 10 1. Notwithstanding any other provision of law to the 11 contrary, an application for a temporary restricted license or 12 driver’s license by a person convicted of a third or subsequent 13 offense of operating while intoxicated in violation of section 14 321J.2 shall be accompanied by a statement signed by the person 15 that the person will abstain from consuming alcoholic beverages 16 in public and from possessing or using controlled substances. 17 The person’s temporary restricted license or driver’s license 18 shall contain a distinguishing mark pursuant to section 19 321.189, subsection 2, paragraph “0d” . The person’s pledge to 20 abstain from consuming alcoholic beverages in public and from 21 possessing or using controlled substances shall be a condition 22 of the issuance and validity of the person’s temporary 23 restricted license or driver’s license. The department shall 24 revoke the person’s temporary restricted license or driver’s 25 license if the department has reasonable grounds to believe 26 the person has consumed an alcoholic beverage in public or 27 possessed or used a controlled substance, whether or not 28 the circumstances surrounding the consumption or possession 29 involved the operation of a motor vehicle. 30 2. Upon proper application by a person with a valid driver’s 31 license issued with a distinguishing mark pursuant to section 32 321.189, subsection 2, paragraph “0d” , who has not consumed an 33 alcoholic beverage in public or possessed or used a controlled 34 substance within the five-year period immediately preceding 35 -1- LSB 2112YH (4) 87 ns/rh/nh 1/ 3

H.F. 505 the submission of the application, and whose driving record 1 does not contain any violations of section 321J.2 within the 2 five-year period immediately preceding the submission of the 3 application, the department shall obtain and destroy the 4 person’s license and issue to the person a duplicate driver’s 5 license without the distinguishing mark required by section 6 321.189, subsection 2, paragraph “0d” . 7 3. The department may adopt rules to administer this 8 section. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires an application for a temporary restricted 13 license or driver’s license by a person convicted of a third 14 or subsequent offense of operating while intoxicated to be 15 accompanied by a statement signed by the person that the 16 person will abstain from consuming alcoholic beverages in 17 public and from possessing or using controlled substances. 18 The bill requires the person’s temporary restricted license 19 or driver’s license to contain a distinguishing mark on the 20 back of the license. The bill provides that the person’s 21 pledge to abstain from consuming alcoholic beverages in 22 public and from possessing or using controlled substances 23 is a condition of the issuance and validity of a temporary 24 restricted license or driver’s license. The bill requires 25 the department of transportation (DOT) to revoke the person’s 26 temporary restricted license or driver’s license if the DOT 27 has reasonable grounds to believe the person has consumed an 28 alcoholic beverage in public or possessed or used a controlled 29 substance, whether or not the circumstances surrounding the 30 consumption or possession involved the operation of a motor 31 vehicle. Under current law, Code section 321J.14 permits 32 judicial review of DOT actions in accordance with Code chapter 33 17A. 34 The bill further provides that upon proper application 35 -2- LSB 2112YH (4) 87 ns/rh/nh 2/ 3

H.F. 505 by a person with a valid driver’s license issued with the 1 distinguishing mark, who has not consumed an alcoholic beverage 2 in public or possessed or used a controlled substance within 3 the five-year period immediately preceding the submission 4 of the application, and whose driving record contains no 5 operating-while-intoxicated violations within the five-year 6 period immediately preceding the submission of the application, 7 the DOT shall obtain and destroy the person’s license and issue 8 to the person a duplicate driver’s license without the required 9 distinguishing mark. 10 -3- LSB 2112YH (4) 87 ns/rh/nh 3/ 3