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
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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been
revoked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
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2
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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
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