House File 48 - Introduced HOUSE FILE 48 BY SALMON A BILL FOR An Act relating to motor vehicle operating record retention 1 periods for arrests, convictions, and driver’s license 2 revocations for operating-while-intoxicated offenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1123YH (4) 88 ns/rh
H.F. 48 Section 1. Section 321.12, subsection 4, Code 2019, is 1 amended to read as follows: 2 4. The director shall not destroy any operating records 3 pertaining to arrests or convictions for operating while 4 intoxicated , in violation of section 321J.2 , or operating 5 records pertaining to revocations for violations of section 6 321J.2A , except that a conviction or revocation under section 7 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 8 shall be deleted from the operating records twelve twenty-five 9 years after the date of conviction or the effective date of 10 revocation. Convictions or revocations that are retained in 11 the operating records for more than twelve twenty-five years 12 under this subsection shall be considered only for purposes of 13 disqualification actions under 49 C.F.R. pt. 383 . 14 Sec. 2. Section 321J.20, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. A temporary restricted license issued under this 17 section shall not be issued until the applicant installs an 18 approved ignition interlock device on all motor vehicles owned 19 or operated by the applicant. Installation of an ignition 20 interlock device under this section shall be required for the 21 period of time for which the temporary restricted license 22 is issued, and for such additional period of time following 23 reinstatement as is required under section 321J.17, subsection 24 3 . However, a person whose driver’s license or nonresident 25 operating privilege has been revoked under section 321J.21 may 26 apply to the department for a temporary restricted license 27 without the requirement of an ignition interlock device if at 28 least twelve twenty-five years have elapsed since the end of 29 the underlying revocation period for a violation of section 30 321J.2 . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Under current law, Code section 321J.2 (operating a motor 35 -1- LSB 1123YH (4) 88 ns/rh 1/ 2
H.F. 48 vehicle while under the influence of alcohol or a drug or 1 while having an alcohol concentration of .08 or more) provides 2 that in determining whether an operating-while-intoxicated 3 (OWI) violation charged is a second or subsequent offense, 4 any conviction or revocation deleted from motor vehicle 5 operating records pursuant to Code section 321.12 is prohibited 6 from being considered as a previous offense. Code section 7 321.12 requires the department of transportation (DOT) to 8 destroy motor vehicle operating records pertaining to arrests, 9 convictions, and driver’s license revocations for OWI offenses 10 12 years after the date of conviction or the effective date of 11 revocation unless the operating record is subject to federal 12 commercial motor vehicle regulations. This bill amends Code 13 section 321.12 to increase the record retention period from 12 14 years to 25 years. 15 Under current law, Code section 321J.20 (temporary 16 restricted licenses —— ignition interlock devices) allows 17 a person whose driver’s license or nonresident operating 18 privilege has been revoked under Code section 321J.21 (driving 19 while license suspended, denied, revoked, or barred due to an 20 OWI violation) to apply to the DOT for a temporary restricted 21 license without the requirement of an ignition interlock 22 device if at least 12 years have elapsed since the end of the 23 underlying revocation period for a violation of Code section 24 321J.2. The bill also increases this period from 12 years to 25 25 years. 26 -2- LSB 1123YH (4) 88 ns/rh 2/ 2