S.F. 506 Section 1. Section 321.12, subsection 4, Code 2021, is 1 amended to read as follows: 2 4. The director department shall not destroy any operating 3 records of a person still living pertaining to arrests or 4 convictions for operating while intoxicated , in violation of 5 section 321J.2 , or reckless driving in violation of section 6 321.277 and public intoxication in violation of section 123.46, 7 subsection 2, following an arrest for a violation of section 8 321J.2, or operating records pertaining to revocations for 9 violations of section 321J.2A , except that a conviction or 10 revocation under section 321J.2 or 321J.2A that is not subject 11 to 49 C.F.R. pt. 383 shall be deleted from the operating 12 records twelve years after the date of conviction or the 13 effective date of revocation. Convictions or revocations that 14 are retained in the operating records for more than twelve 15 years under this subsection shall be considered only for 16 purposes of disqualification actions under 49 C.F.R. pt. 383 . 17 Sec. 2. Section 321.101, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 1A. When a vehicle is registered to 20 an owner subject to ignition interlock device requirements 21 pursuant to section 321J.20, the department shall suspend the 22 registration of the vehicle until the department receives 23 reasonable proof that the person has complied with section 24 321J.20. However, the department shall not suspend the 25 registration, or shall reinstate a registration suspended under 26 this subsection, if a family member of an owner who is subject 27 to ignition interlock device requirements submits an affidavit 28 to the department declaring that the family member regularly 29 operated the motor vehicle registered to the owner prior to 30 the owner’s revocation under chapter 321J and affirming the 31 family member will not knowingly allow the owner to operate the 32 motor vehicle. A person who submits such an affidavit and who 33 knowingly allows the owner to operate the vehicle or provides 34 access to and use of the vehicle to the owner while the owner 35 -1- LSB 2711XS (6) 89 th/ns 1/ 16

S.F. 506 is subject to ignition interlock device requirements and the 1 vehicle does not have an ignition interlock device installed is 2 guilty of a simple misdemeanor. 3 Sec. 3. Section 321J.2, subsection 3, paragraph d, Code 4 2021, is amended to read as follows: 5 d. Revocation of the person’s driver’s license for a minimum 6 period of one hundred eighty days up to a maximum revocation 7 period of one year, pursuant to section 321J.4, subsection 8 1 , section 321J.9 , or section 321J.12 . The department shall 9 require the defendant to install an ignition interlock device 10 of a type approved by the commissioner of public safety on all 11 vehicles owned or operated by the defendant if the defendant 12 seeks a temporary restricted license. 13 Sec. 4. Section 321J.2, subsection 8, paragraph a, Code 14 2021, is amended to read as follows: 15 a. Any conviction or revocation deleted from motor vehicle 16 operating records pursuant to section 321.12 under this 17 section, or any conviction for reckless driving in violation of 18 section 321.277 and public intoxication in violation of section 19 123.46, subsection 2, following an arrest for a violation of 20 this section shall not be considered as a previous offense. 21 Sec. 5. Section 321J.4, subsections 1, 2, 3, and 4, Code 22 2021, are amended to read as follows: 23 1. If a defendant is convicted of a violation of section 24 321J.2 and the defendant’s driver’s license or nonresident 25 operating privilege has not been revoked under section 321J.9 26 or 321J.12 for the occurrence from which the arrest arose, the 27 department shall revoke the defendant’s driver’s license or 28 nonresident operating privilege for one hundred eighty days 29 if the defendant submitted to chemical testing and has had 30 no previous conviction or revocation under this chapter and 31 shall revoke the defendant’s driver’s license or nonresident 32 operating privilege for one year if the defendant refused to 33 submit to chemical testing and has had no previous conviction 34 or revocation under this chapter . The department shall require 35 -2- LSB 2711XS (6) 89 th/ns 2/ 16

S.F. 506 the defendant to install an ignition interlock device of a type 1 approved by the commissioner of public safety on all vehicles 2 owned or operated by the defendant if the defendant seeks a 3 temporary restricted license. 4 2. If a defendant is convicted of a violation of section 5 321J.2 , and the defendant’s driver’s license or nonresident 6 operating privilege has not already been revoked under section 7 321J.9 or 321J.12 for the occurrence from which the arrest 8 arose, the department shall revoke the defendant’s driver’s 9 license or nonresident operating privilege for one year if the 10 defendant submitted to chemical testing and has had a previous 11 conviction or revocation under this chapter and shall revoke 12 the defendant’s driver’s license or nonresident operating 13 privilege for two years if the defendant refused to submit 14 to chemical testing and has had a previous revocation under 15 this chapter . The department shall require the defendant to 16 install an ignition interlock device of a type approved by the 17 commissioner of public safety on all vehicles owned or operated 18 by 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 3. If the court defers judgment pursuant to section 907.3 23 for a violation of section 321J.2 , and if the defendant’s 24 driver’s license or nonresident operating privilege has not 25 been revoked under section 321J.9 or 321J.12 , or has not 26 otherwise been revoked for the occurrence from which the arrest 27 arose, the department shall revoke the defendant’s driver’s 28 license or nonresident operating privilege for a period of 29 not less than thirty days nor more than ninety days. The 30 department shall require the defendant to install an ignition 31 interlock device of a type approved by the commissioner 32 of public safety on all vehicles owned or operated by the 33 defendant if the defendant seeks a temporary restricted 34 license. 35 -3- LSB 2711XS (6) 89 th/ns 3/ 16

S.F. 506 4. Upon a plea or verdict of guilty of a third or subsequent 1 violation of section 321J.2 , the department shall revoke the 2 defendant’s driver’s license or nonresident operating privilege 3 for a period of six years. The department shall require the 4 defendant to install an ignition interlock device of a type 5 approved by the commissioner of public safety on all vehicles 6 owned or operated by the defendant if the defendant seeks a 7 temporary restricted license. A temporary restricted license 8 shall not be granted by the department until the defendant 9 installs the ignition interlock device. 10 Sec. 6. Section 321J.4, Code 2021, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. For revocations under subsection 1, 2, 13 3, or 4, the department shall require the defendant to install 14 an ignition interlock device pursuant to section 321J.20 if the 15 defendant seeks a temporary restricted license. The department 16 shall not grant a temporary restricted license until the 17 defendant installs the ignition interlock device pursuant to 18 section 321J.20. 19 Sec. 7. Section 321J.4, subsection 8, paragraphs a, b, c, 20 and d, Code 2021, are amended to read as follows: 21 a. On a conviction for or as a condition of a deferred 22 judgment for a violation of section 321J.2 , the court may 23 order the defendant to install ignition interlock devices 24 of a type approved by the commissioner of public safety on 25 all motor vehicles owned or operated by the defendant which, 26 without tampering or the intervention of another person, would 27 prevent the defendant from operating the motor vehicle with an 28 alcohol concentration greater than a level set by rule of the 29 commissioner of public safety pursuant to section 321J.20 . 30 b. The commissioner of public safety shall adopt rules to 31 approve certain ignition interlock devices and the means of 32 installation of the devices, and shall establish the level of 33 alcohol concentration beyond which an ignition interlock device 34 will not allow operation of the motor vehicle in which it is 35 -4- LSB 2711XS (6) 89 th/ns 4/ 16

S.F. 506 installed. 1 c. b. The order to install ignition interlock devices shall 2 remain in effect for a period of time as determined by the 3 court which shall not exceed the maximum term of imprisonment 4 which the court could have imposed according to the nature of 5 the violation , unless otherwise extended under this chapter . 6 While the order is in effect, the defendant shall not operate 7 a motor vehicle which does not have an approved ignition 8 interlock device installed. 9 d. c. If the defendant’s driver’s license or nonresident 10 operating privilege has been revoked by court order , the 11 department shall not issue a temporary permit restricted 12 license or a driver’s license to the person without 13 certification that approved ignition interlock devices have 14 been installed in all motor vehicles owned or operated by the 15 defendant pursuant to section 321J.20 while the order is in 16 effect. 17 Sec. 8. Section 321J.17, subsections 1 and 3, Code 2021, are 18 amended to read as follows: 19 1. If the department revokes a person’s driver’s license 20 or nonresident operating privilege under this chapter , the 21 department shall assess the person a civil penalty of two 22 hundred dollars. The money collected by the department under 23 this section shall be transmitted to the treasurer of state 24 who shall deposit one-half of the money in the separate fund 25 established in section 915.94 and one-half of the money in the 26 general fund of the state. A temporary restricted license 27 shall not be issued unless an ignition interlock device has 28 been installed pursuant to section 321J.4 321J.20 . Except as 29 provided in section 321.210B , a temporary restricted license 30 shall not be issued or a driver’s license or nonresident 31 operating privilege reinstated until the civil penalty has been 32 paid. A person assessed a penalty under this section may remit 33 the civil penalty along with a processing fee of five dollars 34 to a county treasurer authorized to issue driver’s licenses 35 -5- LSB 2711XS (6) 89 th/ns 5/ 16

S.F. 506 under chapter 321M , or the civil penalty may be paid directly 1 to the department. 2 3. The department shall also require certification of 3 installation of an ignition interlock device of a type approved 4 by the commissioner of public safety on all motor vehicles 5 owned or operated pursuant to section 321J.20 by any person 6 seeking reinstatement following a second or subsequent 7 revocation under section 321J.4 , 321J.9 , or 321J.12 . The 8 requirement for the installation of an approved ignition 9 interlock device shall be for one year from the date of 10 reinstatement unless a longer time period is required by 11 statute. The one-year period a person is required to maintain 12 an ignition interlock device under this subsection shall be 13 reduced by any period of time the person held a valid temporary 14 restricted license during the period of the revocation for 15 the occurrence from which the arrest arose. The person shall 16 not operate any motor vehicle which is not equipped with an 17 approved ignition interlock device during the period in which 18 an ignition interlock device must be maintained, and the 19 department shall not grant reinstatement unless the person 20 certifies installation of an ignition interlock device as 21 required in this subsection section 321J.20 . 22 Sec. 9. Section 321J.20, Code 2021, is amended to read as 23 follows: 24 321J.20 Temporary restricted license —— ignition interlock 25 devices. 26 1. Temporary restricted license issuance. 27 a. The department may, on application, issue a temporary 28 restricted license to a person whose noncommercial driver’s 29 license is revoked under this chapter , or revoked or suspended 30 under chapter 321 solely for violations of this chapter, or who 31 has been determined to be a habitual offender under chapter 321 32 based solely on violations of this chapter or on violations 33 listed in section 321.560, subsection 1 , paragraph “b” , 34 allowing the person to operate a motor vehicle in any manner 35 -6- LSB 2711XS (6) 89 th/ns 6/ 16

S.F. 506 allowed for a person issued a valid class C driver’s license, 1 unless otherwise prohibited by this chapter . This subsection 2 paragraph does not apply to a person whose license was revoked 3 under section 321J.2A , to a person whose license was revoked 4 under section 321J.4, subsection 6 , for the period during which 5 the person is ineligible for a temporary restricted license, or 6 to a person whose license is suspended or revoked for another 7 reason. 8 2. b. A temporary restricted license issued under this 9 section shall not be issued until the applicant installs an 10 approved ignition interlock device on all motor vehicles owned 11 or operated by the applicant. Installation of an ignition 12 interlock device under this section shall be required for the 13 period of time for which the temporary restricted license 14 is issued, and for such additional period of time following 15 reinstatement as is required under section 321J.17, subsection 16 3 , or this section . However, a person whose driver’s license 17 or nonresident operating privilege has been revoked under 18 section 321J.21 may apply to the department for a temporary 19 restricted license without the requirement of an ignition 20 interlock device if at least twelve years have elapsed since 21 the end of the underlying revocation period for a violation of 22 section 321J.2 . 23 3. 2. Temporary restricted license revocations. In addition 24 to other penalties provided by law, a person’s temporary 25 restricted license shall be revoked if the person is required 26 to install an ignition interlock device and the person does any 27 of the following: 28 a. Operates a motor vehicle which does not have an approved 29 ignition interlock device. 30 b. Tampers with or circumvents an ignition interlock device. 31 4. 3. Prohibited motor vehicle operation. 32 a. A person holding a temporary restricted license issued 33 by the department under this section shall not operate a 34 commercial motor vehicle on a highway if a commercial driver’s 35 -7- LSB 2711XS (6) 89 th/ns 7/ 16

S.F. 506 license or commercial learner’s permit is required for the 1 person’s operation of the commercial motor vehicle. 2 5. b. A person holding a temporary license issued by 3 the department under this chapter shall be prohibited from 4 operating a school bus. 5 6. 4. Department discretion. 6 a. Notwithstanding any provision of this chapter to the 7 contrary, the department may issue a temporary restricted 8 license to a person otherwise eligible for a temporary 9 restricted license under this section , whose period of 10 revocation under this chapter has expired, but who has not met 11 all requirements for reinstatement of the person’s driver’s 12 license or nonresident operating privileges. 13 b. Notwithstanding any provision of this chapter to the 14 contrary, the department may issue a temporary restricted 15 license to a person eligible for a temporary restricted 16 license under this section if the person is also eligible for a 17 temporary restricted license under section 321.215, provided 18 the requirements of this section and section 321.215 are 19 satisfied. 20 5. Installation of ignition interlock devices. The 21 department shall require a person to install an ignition 22 interlock device on all motor vehicles owned or operated 23 by the person if the person seeks a temporary restricted 24 license following a revocation under this chapter, subject to 25 subsections 6 and 7. 26 6. Employment duty exception. 27 a. A person with a valid temporary restricted license who 28 is subject to the ignition interlock device requirements under 29 this section may operate the person’s employer’s motor vehicle 30 that is not equipped with an ignition interlock device if all 31 of the following conditions are met: 32 (1) The operation does not exceed two hours in any 33 twenty-four-hour period. 34 (2) Prior to a person operating a motor vehicle within 35 -8- LSB 2711XS (6) 89 th/ns 8/ 16

S.F. 506 the scope of the person’s employment, the person’s employer 1 completes and submits an affidavit to the department detailing 2 the employment duties that require the person to operate a 3 motor vehicle within the scope of the person’s employment and 4 stating that the employer will ensure that the person does not 5 operate the employer’s motor vehicle for more than two hours 6 during any twenty-four-hour period. 7 b. The person shall not be eligible to operate an employer’s 8 motor vehicle if any of the following apply: 9 (1) The person has more than a twenty percent ownership 10 interest in the employer’s entity or the person’s family 11 member has more than a fifty percent ownership interest in the 12 employer’s entity. 13 (2) The person operates the employer’s motor vehicle to 14 commute to and from the place of employment. 15 (3) The person operates the employer’s motor vehicle to the 16 person’s residence, even if the residence is located along a 17 route on which the person is allowed to operate the employer’s 18 motor vehicle as part of the person’s employment duties. 19 7. Compliance-based removal. 20 a. (1) For a person convicted of a third or subsequent 21 offense for violating section 321J.2, the department shall 22 extend an ignition interlock device requirement by sixty days 23 if six or more of the following occur during the last sixty 24 days of the person’s ignition interlock device requirement 25 period, excluding any sixty-day extensions required under this 26 paragraph: 27 (a) Any attempt to start the vehicle with a breath 28 alcohol concentration of 0.04 or more unless a subsequent 29 test performed within ten minutes registers a breath alcohol 30 concentration lower than 0.04 and the digital image confirms 31 the same person provided both samples. 32 (b) Any failure to submit a breath sample as required 33 by the device unless a review of the corresponding digital 34 image confirms that the vehicle was not operated by the person 35 -9- LSB 2711XS (6) 89 th/ns 9/ 16

S.F. 506 subject to the device requirement at the time of the failure. 1 (c) Any failure to pass a retest with a breath alcohol 2 concentration of 0.025 or lower unless a subsequent test 3 performed within ten minutes registers a breath alcohol 4 concentration lower than 0.025, and the corresponding digital 5 image confirms the same person provided both samples. 6 (2) The department shall extend the person’s ignition 7 interlock device requirement period for an additional sixty 8 days if three or more of the actions listed in subparagraph (1) 9 occur during the initial sixty-day extension or a subsequent 10 sixty-day extension. 11 (3) If a person is subject to four or more extensions under 12 this paragraph, the department shall require the person to 13 complete a substance abuse treatment program prior to issuing 14 a driver’s license other than a temporary restricted license 15 to the person. 16 b. A court may impose a compliance-based removal period of 17 thirty or sixty days for a person whose driver’s license was 18 revoked under section 321J.4, subsection 1, and the results of 19 an analysis of a specimen of the person’s blood, breath, or 20 urine withdrawn in accordance with this chapter exceeded an 21 alcohol concentration of .19, or for a person whose license was 22 revoked under section 321J.4, subsection 2. If a court imposes 23 a compliance-based removal period, all of the following apply: 24 (1) If a sixty-day period is ordered, the compliance-based 25 removal period shall be extended by sixty days if six or more 26 actions occur as described in paragraph “a” . 27 (2) If a thirty-day period is ordered, the compliance-based 28 removal period shall be extended by thirty days if three or 29 more actions occur as described in paragraph “a” . 30 (3) If the compliance-based removal period is extended four 31 or more times under this paragraph, the department shall notify 32 the court, and the court may require the person to complete a 33 substance abuse treatment program. 34 c. The department shall verify a person’s successful 35 -10- LSB 2711XS (6) 89 th/ns 10/ 16

S.F. 506 completion of the compliance-based removal requirements prior 1 to issuing to the person a driver’s license other than a 2 temporary restricted license. 3 d. An approved ignition interlock device manufacturer shall 4 submit to the department a report on a person’s compliance when 5 the required compliance-based removal period ends, no less than 6 seven days after the period ends. 7 e. The department shall adopt rules pursuant to chapter 17A 8 to administer this subsection. The rules shall include all of 9 the following: 10 (1) The method to ensure ignition interlock device 11 manufacturers submit the required report at the end of a 12 person’s required compliance period. 13 (2) The method by which a report must be sent detailing any 14 occurrences. 15 (3) The method by which the department verifies whether 16 to extend the ignition interlock device requirement period or 17 provide a person with a certificate of completion which shall 18 enable the person to remove the ignition interlock device. 19 8. Ignition interlock device specifications. 20 a. An ignition interlock device installed on or after the 21 effective date of this Act must be equipped with a camera 22 that is only capable of taking a still image photograph when 23 a breath specimen is requested by the device, when a breath 24 specimen is provided, and when a failure to provide a breath 25 specimen occurs. 26 b. The commissioner of public safety shall adopt rules to 27 approve certain ignition interlock devices. The rules shall 28 include but are not limited to all of the following: 29 (1) The means of installation of the devices. 30 (2) The camera and photograph requirements. 31 (3) The level of alcohol concentration beyond which an 32 ignition interlock device will not allow operation of the motor 33 vehicle on which it is installed. 34 7. 9. Tampering. A person who tampers with or circumvents 35 -11- LSB 2711XS (6) 89 th/ns 11/ 16

S.F. 506 an ignition interlock device installed as required in this 1 chapter and while the requirement for the ignition interlock 2 device is in effect commits a serious misdemeanor. 3 10. Penalty. A person who has a temporary restricted 4 license and who operates a motor vehicle without an ignition 5 interlock device installed, except as provided in section 6 321J.20, subsection 6, shall be subject to a criminal penalty 7 as follows: 8 a. For a first offense, a serious misdemeanor. 9 b. For a second offense, an aggravated misdemeanor and the 10 ignition interlock device requirement shall be extended by six 11 months. 12 c. For a third offense, an aggravated misdemeanor, 13 imprisonment in the county jail for a minimum of forty-eight 14 hours, and the ignition interlock device requirement shall be 15 extended by one year. 16 8. Notwithstanding any provision of this chapter to the 17 contrary, the department may issue a temporary restricted 18 license to a person eligible for a temporary restricted 19 license under this section if the person is also eligible for a 20 temporary restricted license under section 321.215 , provided 21 the requirements of this section and section 321.215 are 22 satisfied. 23 Sec. 10. Section 321J.21, Code 2021, is amended to read as 24 follows: 25 321J.21 Driving while license suspended, denied, revoked , or 26 barred . 27 1. A person whose driver’s license or nonresident 28 operating privilege has been suspended, denied, revoked , 29 or barred due to a first violation of this chapter section 30 321J.2, and who drives a motor vehicle while the license or 31 privilege is suspended, denied, revoked , or barred commits a 32 serious misdemeanor. In addition to any other penalties, the 33 punishment imposed for a violation of this subsection shall 34 include assessment of a fine of one thousand dollars. 35 -12- LSB 2711XS (6) 89 th/ns 12/ 16

S.F. 506 2. A person whose driver’s license or nonresident operating 1 privilege has been revoked due to a second violation of section 2 321J.2, and who drives a motor vehicle while the license or 3 privilege is revoked commits an aggravated misdemeanor and the 4 person shall be imprisoned in the county jail for a minimum of 5 forty-eight hours. In addition to any other penalties, the 6 department shall extend the revocation period for one year. 7 3. A person whose driver’s license or nonresident operating 8 privilege has been revoked due to a third violation of section 9 321J.2, and who drives a motor vehicle while the license or 10 privilege is revoked commits an aggravated misdemeanor and the 11 person shall be imprisoned in the county jail for a minimum of 12 seven days. In addition to any other penalties, the department 13 shall extend the revocation for one year. 14 4. A person whose driver’s license or nonresident operating 15 privilege has been revoked due to a fourth or subsequent 16 violation of section 321J.2, and who drives a motor vehicle 17 while the license or privilege is revoked commits a class 18 “D” felony and the person shall be imprisoned in the county 19 jail for a minimum of thirty days. In addition to any other 20 penalties, the department shall extend the revocation period 21 for two years. 22 5. For a violation of this section, a person shall 23 be required to comply with the ignition interlock device 24 requirements of section 321J.20 for the remaining time the 25 person’s operating privilege is revoked, including any required 26 extension of such time, if the person operates a motor vehicle 27 in any of the following conditions: 28 a. While under the influence of an alcoholic beverage or 29 other drug or a combination of such substances. 30 b. While having an alcohol concentration above .00. 31 c. While any amount of a controlled substance is present in 32 the person, as measured in the person’s blood or urine. 33 2. In addition to the fine, the department, upon receiving 34 the record of the conviction of a person under this section 35 -13- LSB 2711XS (6) 89 th/ns 13/ 16

S.F. 506 upon a charge of driving a motor vehicle while the license of 1 the person was suspended, denied, revoked, or barred shall 2 extend the period of suspension, denial, revocation, or bar for 3 an additional like period, and the department shall not issue a 4 new license during the additional period. 5 Sec. 11. Section 811.2, subsection 1, Code 2021, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . c. Any bailable defendant who is charged 8 with a third or subsequent offense of operating while 9 intoxicated under section 321J.2, and who is ordered released 10 shall be required, as a condition of that release, to install 11 an ignition interlock device pursuant to section 321J.20. The 12 defendant shall provide proof to the court within thirty days 13 after being released from custody that the ignition interlock 14 device was properly installed. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 Under current law, a record for operating while intoxicated 19 (OWI) in violation of Code section 321J.2 is required to be 20 deleted from the department of transportation (DOT) operating 21 records 12 years after the date of conviction or the effective 22 date of a driver’s license revocation. Deleted records 23 cannot be considered as a prior conviction for the purpose of 24 determining whether a current OWI violation is considered a 25 second, third, or subsequent offense by a court. 26 This bill prohibits the DOT from deleting any record of a 27 person’s conviction or license revocation due to OWI violations 28 while the person is alive. The bill also provides that a 29 prior conviction for reckless driving and public intoxication 30 following an OWI arrest is considered a prior OWI conviction. 31 Under current law, a person whose license is revoked for OWI 32 is required to install an ignition interlock device (IID) prior 33 to receiving a temporary restricted license (TRL) from the DOT. 34 The IID must be installed on every vehicle owned or operated 35 -14- LSB 2711XS (6) 89 th/ns 14/ 16

S.F. 506 by the person. 1 Current law requires persons convicted of a second or 2 subsequent OWI offense to install an IID for a minimum of one 3 year prior to being eligible for reinstatement of a driver’s 4 license other than a TRL. 5 The bill adds compliance based removal (CBR) provisions 6 to the IID requirements. Under the bill, a person convicted 7 of a third or subsequent OWI is required to complete the CBR 8 requirements. Under CBR, a person’s requirement to have an 9 IID installed can be extended if the person violates certain 10 conditions of the IID use requirements. The bill allows a 11 court to extend the IID requirements beyond the maximum time of 12 possible incarceration under CBR if violations occur. 13 The bill adds a requirement that new IIDs contain a camera 14 to take still photographs when the device prompts a person to 15 submit a breath sample. The photos can be used to confirm or 16 dispute a violation. 17 The DOT is required to suspend the registration of any 18 vehicle owned by a person subject to IID requirements who fails 19 to submit proof that an IID was installed on the vehicle. 20 However, a family member of the vehicle owner can submit an 21 affidavit to the DOT to waive the suspension under certain 22 circumstances. If a family member provides an affidavit under 23 the requirements of the bill but then allows the vehicle owner 24 to use the motor vehicle the family member is guilty of a 25 simple misdemeanor. A simple misdemeanor is punishable by 26 confinement for no more than 30 days and a fine of at least $105 27 but not more than $855. 28 The bill authorizes a person who is required to install an 29 IID on all motor vehicles owned or operated by the person to 30 operate an employer’s motor vehicle without an IID, if required 31 as part of the person’s employment duties, under certain 32 specifications as set forth in the bill. 33 The bill strikes a provision allowing a person whose 34 driver’s license has been revoked under Code section 321J.21 to 35 -15- LSB 2711XS (6) 89 th/ns 15/ 16

S.F. 506 apply to the DOT for a TRL without the requirement of an IID if 1 at least 12 years have elapsed since the end of the underlying 2 revocation period for a violation of Code section 321J.2. 3 The bill creates new criminal offenses for persons who 4 operate a motor vehicle either while revoked or without having 5 an IID installed when required on the motor vehicle. The 6 penalties range from a serious misdemeanor to a class “D” 7 felony. A serious misdemeanor is punishable by confinement 8 for no more than one year and a fine of at least $430 but not 9 more than $2,560. An aggravated misdemeanor is punishable 10 by confinement for no more than two years and a fine of at 11 least $855 but not more than $8,540. A class “D” felony is 12 punishable by confinement for no more than five years and a 13 fine of at least $1,025 but not more than $10,245. 14 The bill adds the requirement to install an IID on every 15 vehicle owned or operated by a person arrested for a third or 16 subsequent OWI offense as a condition of bail. The person is 17 required to provide proof that an IID was properly installed on 18 each required vehicle within 30 days of release. 19 The bill makes organizational and conforming changes to Code 20 chapter 321J. 21 -16- LSB 2711XS (6) 89 th/ns 16/ 16