HF 48 (LSB 1123YH (4) 88)

HOUSE FILE 48

BY  SALMON

A BILL FOR

An Act relating to motor vehicle operating record retention periods for arrests, convictions, and driver’s license revocations for operating-while-intoxicated offenses. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.12, subsection 4, Code 2019, is amended to read as follows:
   4.  The director shall not destroy any operating records pertaining to arrests or convictions for operating while intoxicated, in violation of section 321J.2, or operating records pertaining to revocations for violations of section 321J.2A, except that a conviction or revocation under section 321J.2 or 321J.2A that is not subject to 
49 C.F.R. pt. 383
 shall be deleted from the operating records twelve twenty-five years after the date of conviction or the effective date of revocation. Convictions or revocations that are retained in the operating records for more than twelve twenty-five years under this subsection shall be considered only for purposes of disqualification actions under 49 C.F.R. pt. 383.
    Sec. 2.  Section 321J.20, subsection 2, Code 2019, is amended to read as follows:
   2.  A temporary restricted license issued under this section shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles owned or operated by the applicant. Installation of an ignition interlock device under this section shall be required for the period of time for which the temporary restricted license is issued, and for such additional period of time following reinstatement as is required under section 321J.17, subsection 3. However, a person whose driver’s license or nonresident operating privilege has been revoked under section 321J.21 may apply to the department for a temporary restricted license without the requirement of an ignition interlock device if at least twelve twenty-five years have elapsed since the end of the underlying revocation period for a violation of section 321J.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 321J.2 (operating a motor vehicle while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more) provides that in determining whether an operating-while-intoxicated (OWI) violation charged is a second or subsequent offense, any conviction or revocation deleted from motor vehicle operating records pursuant to Code section 321.12 is prohibited from being considered as a previous offense. Code section 321.12 requires the department of transportation (DOT) to destroy motor vehicle operating records pertaining to arrests, convictions, and driver’s license revocations for OWI offenses 12 years after the date of conviction or the effective date of revocation unless the operating record is subject to federal commercial motor vehicle regulations. This bill amends Code section 321.12 to increase the record retention period from 12 years to 25 years.
   Under current law, Code section 321J.20 (temporary restricted licenses —— ignition interlock devices) allows a person whose driver’s license or nonresident operating privilege has been revoked under Code section 321J.21 (driving while license suspended, denied, revoked, or barred due to an OWI violation) to apply to the DOT for a temporary restricted license without the requirement of an ignition interlock device if at least 12 years have elapsed since the end of the underlying revocation period for a violation of Code section 321J.2. The bill also increases this period from 12 years to 25 years.