Senate
File
364
-
Reprinted
SENATE
FILE
364
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1055)
(As
Amended
and
Passed
by
the
Senate
March
25,
2019
)
A
BILL
FOR
An
Act
relating
to
the
Iowa
sobriety
and
drug
monitoring
1
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321J.20,
subsection
9,
Code
2019,
is
1
amended
to
read
as
follows:
2
9.
Notwithstanding
any
other
provision
of
law
to
the
3
contrary,
in
any
circumstance
in
which
this
chapter
requires
4
the
installation
of
an
ignition
interlock
device
in
all
5
vehicles
owned
or
operated
by
a
person
as
a
condition
of
6
the
person’s
license
or
privilege
to
operate
noncommercial
7
motor
vehicles,
the
department
shall
require
the
person
to
8
be
a
participant
in
and
in
compliance
with
a
sobriety
and
9
drug
monitoring
program
established
pursuant
to
chapter
901D
10
if
the
person’s
offense
under
this
chapter
qualifies
as
an
11
eligible
offense
as
defined
in
section
901D.2
,
and
the
person’s
12
offense
occurred
in
a
participating
jurisdiction,
as
defined
in
13
section
901D.2
.
The
requirement
to
participate
in
and
comply
14
with
a
sobriety
and
drug
monitoring
program
shall
continue
15
for
the
time
period
required
pursuant
to
section
901D.7.
16
The
participating
law
enforcement
agency
shall
notify
the
17
department
when
the
person
has
completed
participation
in
the
18
sobriety
and
drug
monitoring
program.
This
subsection
shall
19
not
apply
if
the
court
enters
an
order
finding
the
person
is
20
not
required
to
participate
in
a
sobriety
and
drug
monitoring
21
program.
The
department,
in
consultation
with
the
department
22
of
public
safety,
may
adopt
rules
for
issuing
and
accepting
a
23
certification
of
participation
in
and
compliance
with
a
program
24
established
pursuant
to
chapter
901D
.
This
subsection
shall
be
25
construed
and
implemented
to
comply
with
23
U.S.C.
§164(a),
as
26
amended
by
the
federal
Fixing
America’s
Surface
Transportation
27
Act,
Pub.
L.
No.
114-94,
§1414,
and
shall
not
apply
if
such
28
application
results
in
a
finding
of
noncompliance
with
23
29
U.S.C.
§164
that
results
or
will
result
in
a
reservation
30
or
transfer
of
funds
pursuant
to
23
U.S.C.
§164(b).
This
31
subsection
shall
not
authorize
the
operation
of
a
motor
vehicle
32
for
any
purpose
not
otherwise
authorized
by
this
chapter
.
33
Sec.
2.
Section
901D.7,
subsection
2,
Code
2019,
is
amended
34
to
read
as
follows:
35
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2.
An
order
or
directive
placing
a
participant
in
the
1
program
shall
include
the
type
of
testing
required
to
be
2
administered
in
the
program
and
the
length
of
time
that
the
3
participant
is
required
to
remain
in
the
program
which
shall
4
be
for
no
less
than
ninety
days
.
The
order
or
directive
5
shall
additionally
require
that
the
participant
not
have
6
failed
a
test
result
or
have
missed
a
required
testing
during
7
the
thirty-day
period
immediately
preceding
the
end
of
8
participation
in
the
program.
The
person
issuing
the
order
or
9
directive
shall
send
a
copy
of
the
order
or
directive
to
the
10
law
enforcement
agency
of
the
participating
jurisdiction.
11
Sec.
3.
Section
901D.10,
Code
2019,
is
amended
to
read
as
12
follows:
13
901D.10
Report
and
repeal.
14
1.
The
department,
in
consultation
with
the
judicial
branch
15
and
the
department
of
transportation,
shall
by
December
1,
16
2021
2023
,
submit
a
report
to
the
general
assembly
detailing
17
the
effectiveness
of
the
program
established
pursuant
to
18
this
chapter
and
shall
make
recommendations
concerning
the
19
continued
implementation
of
the
program
or
the
elimination
of
20
the
program.
21
2.
This
chapter
is
repealed
July
1,
2022
2024
.
22
Sec.
4.
2017
Iowa
Acts,
chapter
76,
section
17,
is
amended
23
to
read
as
follows:
24
SEC.
17.
FUTURE
REPEAL.
This
division
of
this
Act
is
25
repealed
July
1,
2022
2024
.
26
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