HF 2087 (LSB 5418YH (3) 90)

HOUSE FILE 2087

BY  MEGGERS

A BILL FOR

An Act relating to ignition interlock device requirements following a violation detected by a device.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.20, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  a.  Notwithstanding section 321J.17 or any other provision of this chapter to the contrary regarding the length of time a person is required to maintain an ignition interlock device on vehicles owned or operated by the person, if an ignition interlock device detects a violation within thirty days of the date the device would otherwise no longer be required to be installed on vehicles owned or operated by the person, as applicable, the department shall extend the period a person is required to maintain an ignition interlock device for an additional thirty days. The person is responsible for any additional fees associated with the extension.
   b.  The provider of an ignition interlock device that detects a violation under paragraph “a” shall report the violation to the department prior to the date the device would otherwise no longer be required to be installed on vehicles owned or operated by the person, as applicable.
   c.  Nothing in this subsection shall limit the number of subsequent extensions a person may receive following a violation detected by an ignition interlock device.
   d.  For purposes of this subsection, “violation” means a detection of a level of alcohol concentration beyond which an ignition interlock device will not allow operation of the motor vehicle in which it is installed, established under rules adopted by the commissioner of public safety pursuant to section 321J.4.
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, a person whose driver’s license is revoked under Code chapter 321J (operating while intoxicated (OWI)) must install an ignition interlock device (IID) before the department of transportation (DOT) can issue a temporary restricted license, or reinstate a person’s unrestricted driver’s license if the person has one or more previous OWI violations.
   This bill requires an IID provider to report a violation, as described in the bill, detected by the IID to the DOT if the violation occurs within the last 30 days the person would otherwise be required to maintain an IID on vehicles owned or operated by the person. The DOT must then extend the requirement for the person to maintain an IID for an additional 30 days. The person is responsible for any additional fees associated with the extension. An IID provider must report a violation to the DOT prior to the date the IID would otherwise no longer be required to be installed on vehicles owned or operated by the person.
   The bill does not limit the number of subsequent extensions a person may receive following a violation detected by an IID.