SF 2355 (LSB 6789XS (2) 91)

SENATE FILE 2355

BY  LOFGREN

A BILL FOR

An Act relating to intelligent speed assistance devices on motor vehicles, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.177, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  To any person whose driver’s license was revoked under section 321.209, subsection 1, paragraph “h” or “i”, or section 321.209, subsection 2, who has not complied with section 321.215, subsection 1A.
    Sec. 2.  Section 321.209, Code 2026, is amended to read as follows:
   321.209  Mandatory revocation.
   1.  The department, upon thirty days’ notice and without preliminary hearing, shall revoke the license or operating privilege of an operator upon receiving a record of the operator’s conviction for any of the following offenses, when such conviction has become final:
   1.  a.  Manslaughter resulting from the operation of a motor vehicle.
   2.  b.  A felony if during the commission of the felony a motor vehicle is used.
   3.  c.  Failure to stop and render aid as required under the laws of this state or to otherwise comply with section 321.261 in the event of a motor vehicle accident resulting in the death or personal injury of another.
   4.  d.  Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles.
   5.  e.  Conviction, or forfeiture of bail not vacated, upon two charges A second or subsequent charge of reckless driving.
   6.  f.  Conviction of drag Drag racing.
   7.  g.  Eluding or attempting to elude a law enforcement vehicle as provided in section 321.279.
   h.  Exceeding a speed limit with a detected speed of ten miles per hour or more in excess of the speed limit if the speed limit was forty miles per hour or lower, if not revoked under subsection 2.
   i.  Exceeding a speed limit with a detected speed of twenty miles per hour or more in excess of the speed limit if the speed limit was higher than forty miles per hour, if not revoked under subsection 2.
   2.  Upon certification, subject to penalty for perjury, by a peace officer who issues a citation for exceeding a speed limit to a person who operated a motor vehicle with a detected speed described in subsection 1, paragraph “h” or “i”, the department shall revoke the person’s driver’s license.
   a.  The peace officer who detected the excessive speed may, on behalf of the department, serve immediate notice of intention to revoke and of revocation on the person. If the peace officer serves immediate notice, the peace officer shall take the Iowa driver’s license of the person, if any, and issue a temporary license effective for ten days. The peace officer shall immediately send the person’s license to the department along with the officer’s certificate indicating the person’s detected excessive speed.
   b.  A person whose driver’s license is revoked under this subsection may appeal the revocation in the manner provided to a person suspected of violating section 321J.2 as provided in section 321J.13.
   c.  The department shall adopt rules pursuant to chapter 17A to administer this subsection.
    Sec. 3.  Section 321.212, subsection 1, paragraphs b and c, Code 2026, are amended to read as follows:
   b.  The department shall not revoke a license under the provisions of section 321.209, subsection 5 1, paragraph “e”, for more than thirty days nor less than five days as recommended by the trial court.
   c.  The department shall revoke a license for six months for a first offense under the provisions of section 321.209, subsection 6 1, paragraph “f”, where the violation charged did not result in a personal injury or damage to property.
    Sec. 4.  Section 321.215, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 321.209, subsections 1 through 5 subsection 1, paragraphs “a” through “d”; to a juvenile whose license has been suspended or revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B or section 126.3; to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6 1, paragraph “f”, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.
    Sec. 5.  Section 321.215, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The department shall not issue a temporary restricted license to a person whose driver’s license was revoked under section 321.209, subsection 1, paragraph “h” or “i”, or section 321.209, subsection 2, unless the person certifies that the person’s vehicle has an intelligent speed assistance device installed in accordance with section 321.286. A temporary restricted license issued to a person under this subsection is valid for one year.
    Sec. 6.  Section 321.215, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5, 6, or 7 1, paragraph “e”, “f”, or “g”, or section 321.210, 321.210A, or 321.513; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
    Sec. 7.  NEW SECTION.  321.286  Intelligent speed assistance device.
   1.  a.  A person who is required to have an intelligent speed assistance device installed on a motor vehicle as a condition for operating a motor vehicle under a temporary restricted license issued pursuant to section 321.215, subsection 1A, shall not operate a motor vehicle without an approved intelligent speed assistance device installed.
   b.  A person shall not tamper with, circumvent, or remove an intelligent speed assistance device, unless authorized by the department.
   c.  The department shall cancel the temporary restricted license of a person who operates a motor vehicle in violation of paragraph “a” or “b”.
   2.  a.  The commissioner of public safety shall adopt rules pursuant to chapter 17A to approve certain intelligent speed assistance devices, the means of installation of the devices, and a process for persons deemed to have limited resources to be eligible for a discount on intelligent speed assistance device fees, and shall establish the speed beyond which an intelligent speed assistance device will not allow operation of the motor vehicle in which it is installed. The commissioner may adjust intelligent speed assistance device requirements based on findings and emerging best practices in intelligent speed assistance device technology.
   b.  The commissioner of public safety shall not approve an intelligent speed assistance device if the device collects unnecessary data not related to the device’s proper function, as determined by the commissioner, or if the device vendor does not minimize storage of sensitive or location data or implement sufficient security protections.
   c.  Data related to the use of an intelligent speed assistance device may be shared with the department or a court. Data collected by an intelligent speed assistance device shall not be sold, licensed, or used for commercial purposes. Data related to the use of an intelligent speed assistance device shall not otherwise be shared except under any of the following circumstances:
   (1)  When required by a court order.
   (2)  In accordance with another law.
   (3)  If the data is not personalized and is aggregated for research or evaluation purposes.
   3.  A motor vehicle manufacturer, importer, or dealer is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an intelligent speed assistance device. However, a motor vehicle manufacturer, importer, or dealer is liable for damages if the manufacturer, distributor, or retailer knowingly engages in a repair or update to the intelligent speed assistance device and such repair or update proximately causes loss, injury, or damage. This section does not require a motor vehicle manufacturer, importer, or dealer to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an intelligent speed assistance device. This section does not prohibit a lessor or lienholder from requiring a motor vehicle lessee or owner to notify the lessor or lienholder that an intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.
   4.  The department shall submit a report to the general assembly on or before the second Monday in January each year and shall publish the report on the department’s internet site. The report must summarize intelligent speed assistance device use data and include the number of participants, recidivism rates, and user compliance.
   5.  For purposes of this section, “intelligent speed assistance device” means an aftermarket device that uses location-based technology to automatically regulate vehicle acceleration and speed in accordance with the applicable speed limit for the vehicle’s current location.
    Sec. 8.  EFFECTIVE DATE.  This Act takes effect October 1, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for the required installation and regulation of intelligent speed assistance devices (ISAD) on motor vehicles.
   Under the bill, the department of transportation is required to revoke the driver’s license of a person who exceeds a speed limit by 10 miles per hour (MPH) or more if the speed limit was 40 MPH or lower, or by 20 MPH or more if the speed limit was higher than 40 MPH. A peace officer is authorized to serve immediate notice of the revocation, which takes effect 10 days following service of the notice.
   A person whose driver’s license is revoked under the bill is not eligible to receive a driver’s license unless the person obtains a temporary restricted license (TRL) first. A person is eligible to be issued a TRL if the person installs an ISAD on the person’s vehicle. A TRL issued pursuant to the bill is valid for one year.
   A person who operates a motor vehicle without an ISAD installed, or who tampers with, circumvents, or removes an ISAD without authorization, is subject to cancellation of the TRL.
   The commissioner of public safety is required to adopt administrative rules regarding ISAD vendor requirements, ISAD financial assistance eligibility, and other ISAD processes and requirements.
   The bill provides liability limitations and reporting requirements.
   By operation of law, a person who does an act forbidden or fails to perform an act required by the bill commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill takes effect October 1, 2026.