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Senate File 364 - ReprintedA Bill ForAn Act 1relating to the Iowa sobriety and drug monitoring
2program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.20, subsection 9, Code 2019, is
2amended to read as follows:
39. Notwithstanding any other provision of law to the
4contrary, in any circumstance in which this chapter requires
5the installation of an ignition interlock device in all
6vehicles owned or operated by a person as a condition of
7the person’s license or privilege to operate noncommercial
8motor vehicles, the department shall require the person to
9be a participant in and in compliance with a sobriety and
10drug monitoring program established pursuant to chapter 901D
11if the person’s offense under this chapter qualifies as an
12eligible offense as defined in section 901D.2, and the person’s
13offense occurred in a participating jurisdiction, as defined in
14section 901D.2. The requirement to participate in and comply
15with a sobriety and drug monitoring program shall continue
16for the time period required pursuant to section 901D.7.
17The participating law enforcement agency shall notify the
18department when the person has completed participation in the
19sobriety and drug monitoring program. This subsection shall
20not apply if the court enters an order finding the person is
21not required to participate in a sobriety and drug monitoring
22program. The department, in consultation with the department
23of public safety, may adopt rules for issuing and accepting a
24certification of participation in and compliance with a program
25established pursuant to chapter 901D. This subsection shall be
26construed and implemented to comply with 23 U.S.C.§164(a), as
27amended by the federal Fixing America’s Surface Transportation
28Act, Pub.L. No.114-94, §1414, and shall not apply if such
29application results in a finding of noncompliance with 23
30U.S.C.§164 that results or will result in a reservation
31or transfer of funds pursuant to 23 U.S.C.§164(b). This
32subsection shall not authorize the operation of a motor vehicle
33for any purpose not otherwise authorized by this chapter.
34 Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
35to read as follows:
-1- 12. An order or directive placing a participant in the
2program shall include the type of testing required to be
3administered in the program and the length of time that the
4participant is required to remain in the program which shall
5be for no less than ninety days. The order or directive
6shall additionally require that the participant not have
7failed a test result or have missed a required testing during
8the thirty-day period immediately preceding the end of
9participation in the program. The person issuing the order or
10directive shall send a copy of the order or directive to the
11law enforcement agency of the participating jurisdiction.
12 Sec. 3. Section 901D.10, Code 2019, is amended to read as
13follows:
14901D.10 Report and repeal.
151. The department, in consultation with the judicial branch
16and the department of transportation, shall by December 1,
172021 2023, submit a report to the general assembly detailing
18the effectiveness of the program established pursuant to
19this chapter and shall make recommendations concerning the
20continued implementation of the program or the elimination of
21the program.
222. This chapter is repealed July 1, 2022 2024.
23 Sec. 4. 2017 Iowa Acts, chapter 76, section 17, is amended
24to read as follows:
25SEC. 17. FUTURE REPEAL. This division of this Act is
26repealed July 1, 2022 2024.
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2program.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321J.20, subsection 9, Code 2019, is
2amended to read as follows:
39. Notwithstanding any other provision of law to the
4contrary, in any circumstance in which this chapter requires
5the installation of an ignition interlock device in all
6vehicles owned or operated by a person as a condition of
7the person’s license or privilege to operate noncommercial
8motor vehicles, the department shall require the person to
9be a participant in and in compliance with a sobriety and
10drug monitoring program established pursuant to chapter 901D
11if the person’s offense under this chapter qualifies as an
12eligible offense as defined in section 901D.2, and the person’s
13offense occurred in a participating jurisdiction, as defined in
14section 901D.2. The requirement to participate in and comply
15with a sobriety and drug monitoring program shall continue
16for the time period required pursuant to section 901D.7.
17The participating law enforcement agency shall notify the
18department when the person has completed participation in the
19sobriety and drug monitoring program. This subsection shall
20not apply if the court enters an order finding the person is
21not required to participate in a sobriety and drug monitoring
22program. The department, in consultation with the department
23of public safety, may adopt rules for issuing and accepting a
24certification of participation in and compliance with a program
25established pursuant to chapter 901D. This subsection shall be
26construed and implemented to comply with 23 U.S.C.§164(a), as
27amended by the federal Fixing America’s Surface Transportation
28Act, Pub.L. No.114-94, §1414, and shall not apply if such
29application results in a finding of noncompliance with 23
30U.S.C.§164 that results or will result in a reservation
31or transfer of funds pursuant to 23 U.S.C.§164(b). This
32subsection shall not authorize the operation of a motor vehicle
33for any purpose not otherwise authorized by this chapter.
34 Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
35to read as follows:
-1- 12. An order or directive placing a participant in the
2program shall include the type of testing required to be
3administered in the program and the length of time that the
4participant is required to remain in the program which shall
5be for no less than ninety days. The order or directive
6shall additionally require that the participant not have
7failed a test result or have missed a required testing during
8the thirty-day period immediately preceding the end of
9participation in the program. The person issuing the order or
10directive shall send a copy of the order or directive to the
11law enforcement agency of the participating jurisdiction.
12 Sec. 3. Section 901D.10, Code 2019, is amended to read as
13follows:
14901D.10 Report and repeal.
151. The department, in consultation with the judicial branch
16and the department of transportation, shall by December 1,
172021 2023, submit a report to the general assembly detailing
18the effectiveness of the program established pursuant to
19this chapter and shall make recommendations concerning the
20continued implementation of the program or the elimination of
21the program.
222. This chapter is repealed July 1, 2022 2024.
23 Sec. 4. 2017 Iowa Acts, chapter 76, section 17, is amended
24to read as follows:
25SEC. 17. FUTURE REPEAL. This division of this Act is
26repealed July 1, 2022 2024.
as/rh/mb