H.F. 757 Section 1. Section 321.218, subsection 3, paragraph a, Code 1 2021, is amended to read as follows: 2 a. The department, upon receiving the record of the 3 conviction of a person under this section upon a charge of 4 operating a motor vehicle while the license of the person is 5 suspended or revoked, shall, except for licenses suspended 6 under section 252J.8 , 321.210, subsection 1 , paragraph “a” , 7 subparagraph (3), or section 321.210A or 321.513 , extend the 8 period of suspension or revocation for an additional like 9 period or for one year, whichever period is shorter , and the 10 department shall not issue a new driver’s license to the person 11 during the extended period . 12 Sec. 2. Section 321J.2, subsection 3, paragraph d, Code 13 2021, is amended to read as follows: 14 d. Revocation of the person’s driver’s license for a minimum 15 period of one hundred eighty days up to a maximum revocation 16 period of one year, pursuant to section 321J.4, subsection 17 1 , section 321J.9 , or section 321J.12 . The department shall 18 require the defendant to install an ignition interlock device 19 of a type approved by the commissioner of public safety on all 20 vehicles owned or operated by the defendant if the defendant 21 seeks a temporary restricted license. 22 Sec. 3. Section 321J.4, subsections 1 and 3, Code 2021, are 23 amended to read as follows: 24 1. If a defendant is convicted of a violation of section 25 321J.2 and the defendant’s driver’s license or nonresident 26 operating privilege has not been revoked under section 321J.9 27 or 321J.12 for the occurrence from which the arrest arose, the 28 department shall revoke the defendant’s driver’s license or 29 nonresident operating privilege for one hundred eighty days 30 if the defendant submitted to chemical testing and has had 31 no previous conviction or revocation under this chapter and 32 shall revoke the defendant’s driver’s license or nonresident 33 operating privilege for one year if the defendant refused to 34 submit to chemical testing and has had no previous conviction 35 -1- LSB 2761HV (1) 89 th/ns 1/ 6

H.F. 757 or revocation under this chapter . The department shall require 1 the defendant to install an ignition interlock device of a type 2 approved by the commissioner of public safety on all vehicles 3 owned or operated by the defendant if the defendant seeks a 4 temporary restricted license. 5 3. If the court defers judgment pursuant to section 907.3 6 for a violation of section 321J.2 , and if the defendant’s 7 driver’s license or nonresident operating privilege has not 8 been revoked under section 321J.9 or 321J.12 , or has not 9 otherwise been revoked for the occurrence from which the arrest 10 arose, the department shall revoke the defendant’s driver’s 11 license or nonresident operating privilege for a period of 12 not less than thirty days nor more than ninety days. The 13 department shall require the defendant to install an ignition 14 interlock device of a type approved by the commissioner 15 of public safety on all vehicles owned or operated by the 16 defendant if the defendant seeks a temporary restricted 17 license. 18 Sec. 4. Section 321J.4, subsection 8, paragraphs a and d, 19 Code 2021, are amended to read as follows: 20 a. On a conviction for or as a condition of a deferred 21 judgment for a violation of section 321J.2 , the court may 22 order the defendant to install ignition interlock devices 23 of a type approved by the commissioner of public safety on 24 all motor vehicles owned or operated by the defendant which, 25 without tampering or the intervention of another person, would 26 prevent the defendant from operating the motor vehicle with an 27 alcohol concentration greater than a level set by rule of the 28 commissioner of public safety. However, if the defendant has 29 had no previous conviction or revocation under this chapter, 30 the court’s order shall require the defendant to install 31 approved ignition interlock devices only on all motor vehicles 32 operated by the defendant. 33 d. If the defendant’s driver’s license or nonresident 34 operating privilege has been revoked, the department shall not 35 -2- LSB 2761HV (1) 89 th/ns 2/ 6

H.F. 757 issue a temporary permit or a driver’s license to the person 1 without certification that approved ignition interlock devices 2 have been installed in on all motor vehicles owned or operated 3 by the defendant while the order is in effect. However, if the 4 defendant has had no previous conviction or revocation under 5 this chapter, the department shall require certification that 6 approved ignition interlock devices have been installed only on 7 all motor vehicles operated by the defendant. 8 Sec. 5. Section 321J.9, subsection 2, Code 2021, is amended 9 to read as follows: 10 2. The department shall require the defendant to install 11 an ignition interlock device of a type approved by the 12 commissioner of public safety on all vehicles owned or 13 operated by the defendant if the defendant seeks a temporary 14 restricted license. However, if the defendant has had no 15 previous conviction or revocation under this chapter, the 16 department shall only require the defendant to install an 17 approved ignition interlock device on all vehicles operated by 18 the defendant if the defendant seeks a temporary restricted 19 license. A temporary restricted license shall not be granted 20 by the department until the defendant installs the ignition 21 interlock device. 22 Sec. 6. Section 321J.12, subsection 2, Code 2021, is amended 23 to read as follows: 24 2. The department shall require the defendant to install 25 an ignition interlock device of a type approved by the 26 commissioner of public safety on all vehicles owned or operated 27 by the defendant if the defendant seeks a temporary license. 28 However, if the defendant has had no previous conviction or 29 revocation under this chapter, the department shall only 30 require the defendant to install an approved ignition interlock 31 device on all vehicles operated by the defendant if the 32 defendant seeks a temporary restricted license. A temporary 33 restricted license shall not be granted by the department until 34 the defendant installs the ignition interlock device. 35 -3- LSB 2761HV (1) 89 th/ns 3/ 6

H.F. 757 Sec. 7. Section 321J.20, subsection 2, Code 2021, is amended 1 to read as follows: 2 2. A temporary restricted license issued under this section 3 shall not be issued until the applicant installs an approved 4 ignition interlock device on all motor vehicles owned or 5 operated by the applicant. However, if the applicant has 6 had no previous conviction or revocation under this chapter, 7 a temporary restricted license issued under this section 8 shall not be issued until the applicant installs an approved 9 ignition interlock device on all motor vehicles operated by 10 the applicant. Installation of an ignition interlock device 11 under this section shall be required for the period of time 12 for which the temporary restricted license is issued, and for 13 such additional period of time following reinstatement as 14 is required under section 321J.17, subsection 3 . However, 15 a person whose driver’s license or nonresident operating 16 privilege has been revoked under section 321J.21 may apply to 17 the department for a temporary restricted license without the 18 requirement of an ignition interlock device if at least twelve 19 years have elapsed since the end of the underlying revocation 20 period for a violation of section 321J.2 . 21 Sec. 8. Section 321J.21, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. In addition to the fine, the department, upon receiving 24 the record of the conviction of a person under this section 25 upon a charge of driving a motor vehicle while the license of 26 the person was suspended, denied, revoked, or barred shall 27 extend the period of suspension, denial, revocation, or bar for 28 an additional like period , and the department shall not issue a 29 new license during the additional period . 30 Sec. 9. Section 901D.7, subsection 2, paragraph a, 31 subparagraph (4), Code 2021, is amended to read as follows: 32 (4) A requirement that the participant submit to the law 33 enforcement agency of the participating jurisdiction proof 34 that the participant has installed an approved ignition 35 -4- LSB 2761HV (1) 89 th/ns 4/ 6

H.F. 757 interlock device on all motor vehicles owned or operated by the 1 participant , or only motor vehicles operated by the participant 2 if authorized under chapter 321J, as applicable, prior to the 3 end of participation in the program, unless the court enters 4 an order pursuant to paragraph “c” finding the participant is 5 not required to provide proof of installation of an approved 6 ignition interlock device as a condition of the participant’s 7 completion of the program. 8 Sec. 10. Section 901D.7, subsection 2, paragraph c, 9 subparagraph (1), unnumbered paragraph 1, Code 2021, is amended 10 to read as follows: 11 A court shall only enter an order finding the participant is 12 not required to provide proof of installation of an approved 13 ignition interlock device on all motor vehicles owned or 14 operated by the participant , or only motor vehicles operated 15 by the participant if authorized under chapter 321J, as 16 applicable, if any of the following apply: 17 Sec. 11. Section 901D.7, subsection 2, paragraph c, 18 subparagraph (1), subparagraph division (b), Code 2021, is 19 amended to read as follows: 20 (b) The participant will not own or operate a motor vehicle 21 or have a motor vehicle registered in the participant’s name 22 at the time the participant completes the program, and the 23 participant has submitted an affidavit stating such. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 Under current law, the department of transportation (DOT), 28 upon receiving a record of a conviction of a person for 29 certain charges of operating a motor vehicle while the person’s 30 driver’s license is suspended, denied, revoked, or barred, is 31 required to extend the period of the license restriction for an 32 additional like period (Code section 321J.21) or an additional 33 like period or one year, whichever is shorter (Code section 34 321.218), and the DOT is prohibited from issuing a new driver’s 35 -5- LSB 2761HV (1) 89 th/ns 5/ 6

H.F. 757 license to the person during the extended period. This bill 1 strikes the prohibition. 2 Under current law, if a person seeks a temporary restricted 3 license following an operating-while-intoxicated (OWI) 4 offense, the person is required to install an approved ignition 5 interlock device on all motor vehicles owned or operated by 6 the person. The bill requires a person seeking a temporary 7 restricted license following a first OWI offense to install an 8 approved ignition interlock device only on all motor vehicles 9 operated by the person. The bill makes corresponding changes 10 to Code chapters 321J (operating while intoxicated) and 901D 11 (sobriety and drug monitoring program). 12 -6- LSB 2761HV (1) 89 th/ns 6/ 6