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Senate File 364 - EnrolledAn Actrelating to the Iowa sobriety and drug monitoring
program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321J.20, subsection 9, Code 2019, is
amended to read as follows:
9. Notwithstanding any other provision of law to the
contrary, in any circumstance in which this chapter requires
the installation of an ignition interlock device in all
vehicles owned or operated by a person as a condition of
the person’s license or privilege to operate noncommercial
motor vehicles, the department shall require the person to
be a participant in and in compliance with a sobriety and
drug monitoring program established pursuant to chapter 901D
if the person’s offense under this chapter qualifies as an
eligible offense as defined in section 901D.2, and the person’s
offense occurred in a participating jurisdiction, as defined in
section 901D.2. The requirement to participate in and comply
with a sobriety and drug monitoring program shall continue
for the time period required pursuant to section 901D.7.
The participating law enforcement agency shall notify the
department when the person has completed participation in the
sobriety and drug monitoring program. This subsection shall
not apply if the court enters an order finding the person is
not required to participate in a sobriety and drug monitoring
program. The department, in consultation with the department
of public safety, may adopt rules for issuing and accepting a
certification of participation in and compliance with a program
established pursuant to chapter 901D. This subsection shall be
construed and implemented to comply with 23 U.S.C.§164(a), as
amended by the federal Fixing America’s Surface Transportation
Act, Pub.L. No.114-94, §1414, and shall not apply if such
application results in a finding of noncompliance with 23
U.S.C.§164 that results or will result in a reservation
or transfer of funds pursuant to 23 U.S.C.§164(b). This
subsection shall not authorize the operation of a motor vehicle
for any purpose not otherwise authorized by this chapter.
Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
to read as follows:
-1- 2. An order or directive placing a participant in the
program shall include the type of testing required to be
administered in the program and the length of time that the
participant is required to remain in the program which shall
be for no less than ninety days. The order or directive
shall additionally require that the participant not have
failed a test result or have missed a required testing during
the thirty-day period immediately preceding the end of
participation in the program. The person issuing the order or
directive shall send a copy of the order or directive to the
law enforcement agency of the participating jurisdiction.
Sec. 3. Section 901D.10, Code 2019, is amended to read as
follows:
901D.10 Report and repeal.
1. The department, in consultation with the judicial branch
and the department of transportation, shall by December 1,
2021 2023, submit a report to the general assembly detailing
the effectiveness of the program established pursuant to
this chapter and shall make recommendations concerning the
continued implementation of the program or the elimination of
the program.
2. This chapter is repealed July 1, 2022 2024.
Sec. 4. 2017 Iowa Acts, chapter 76, section 17, is amended
to read as follows:
SEC. 17. FUTURE REPEAL. This division of this Act is
repealed July 1, 2022 2024.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 364, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernoras/rh/mb
program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321J.20, subsection 9, Code 2019, is
amended to read as follows:
9. Notwithstanding any other provision of law to the
contrary, in any circumstance in which this chapter requires
the installation of an ignition interlock device in all
vehicles owned or operated by a person as a condition of
the person’s license or privilege to operate noncommercial
motor vehicles, the department shall require the person to
be a participant in and in compliance with a sobriety and
drug monitoring program established pursuant to chapter 901D
if the person’s offense under this chapter qualifies as an
eligible offense as defined in section 901D.2, and the person’s
offense occurred in a participating jurisdiction, as defined in
section 901D.2. The requirement to participate in and comply
with a sobriety and drug monitoring program shall continue
for the time period required pursuant to section 901D.7.
The participating law enforcement agency shall notify the
department when the person has completed participation in the
sobriety and drug monitoring program. This subsection shall
not apply if the court enters an order finding the person is
not required to participate in a sobriety and drug monitoring
program. The department, in consultation with the department
of public safety, may adopt rules for issuing and accepting a
certification of participation in and compliance with a program
established pursuant to chapter 901D. This subsection shall be
construed and implemented to comply with 23 U.S.C.§164(a), as
amended by the federal Fixing America’s Surface Transportation
Act, Pub.L. No.114-94, §1414, and shall not apply if such
application results in a finding of noncompliance with 23
U.S.C.§164 that results or will result in a reservation
or transfer of funds pursuant to 23 U.S.C.§164(b). This
subsection shall not authorize the operation of a motor vehicle
for any purpose not otherwise authorized by this chapter.
Sec. 2. Section 901D.7, subsection 2, Code 2019, is amended
to read as follows:
-1- 2. An order or directive placing a participant in the
program shall include the type of testing required to be
administered in the program and the length of time that the
participant is required to remain in the program which shall
be for no less than ninety days. The order or directive
shall additionally require that the participant not have
failed a test result or have missed a required testing during
the thirty-day period immediately preceding the end of
participation in the program. The person issuing the order or
directive shall send a copy of the order or directive to the
law enforcement agency of the participating jurisdiction.
Sec. 3. Section 901D.10, Code 2019, is amended to read as
follows:
901D.10 Report and repeal.
1. The department, in consultation with the judicial branch
and the department of transportation, shall by December 1,
2021 2023, submit a report to the general assembly detailing
the effectiveness of the program established pursuant to
this chapter and shall make recommendations concerning the
continued implementation of the program or the elimination of
the program.
2. This chapter is repealed July 1, 2022 2024.
Sec. 4. 2017 Iowa Acts, chapter 76, section 17, is amended
to read as follows:
SEC. 17. FUTURE REPEAL. This division of this Act is
repealed July 1, 2022 2024.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 364, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernoras/rh/mb