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House File 451 - IntroducedA Bill ForAn Act 1requiring a distinguishing mark on driver’s licenses
2issued to persons convicted of a third or subsequent offense
3of operating while intoxicated.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.189, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0d. Subject to the requirements of section
4321J.26, if the licensee has been convicted of a third or
5subsequent offense of operating while intoxicated in violation
6of section 321J.2, a distinguishing mark designed by the
7department shall appear on the back of the licensee’s driver’s
8license.
9 Sec. 2. NEW SECTION. 321J.26 Certain licenses conditioned
10on abstinence.
111. Notwithstanding section 321.177, subsection 4, or
12any other provision of law to the contrary, an application
13for a temporary restricted license or driver’s license by a
14person convicted of a third or subsequent offense of operating
15while intoxicated in violation of section 321J.2 shall be
16accompanied by a statement signed by the person that the person
17will abstain from consuming alcoholic beverages in public and
18from possessing or using controlled substances. The person’s
19temporary restricted license or driver’s license shall contain
20a distinguishing mark pursuant to section 321.189, subsection
212, paragraph “0d”. The person’s pledge to abstain from
22consuming alcoholic beverages in public and from possessing
23or using controlled substances shall be a condition of the
24issuance and validity of the person’s temporary restricted
25license or driver’s license. The department shall revoke the
26person’s temporary restricted license or driver’s license if
27the department has reasonable grounds to believe the person
28consumed an alcoholic beverage in public or possessed or used a
29controlled substance after issuance of the license, whether or
30not the circumstances surrounding the consumption or possession
31involved the operation of a motor vehicle.
322. Upon proper application and receipt of a valid driver’s
33license issued with a distinguishing mark pursuant to section
34321.189, subsection 2, paragraph “0d”, by a person who has not
35consumed an alcoholic beverage in public or possessed or used a
-1-1controlled substance within the five-year period immediately
2preceding the submission of the application, and whose driving
3record does not contain any violations of section 321J.2 within
4the five-year period immediately preceding the submission of
5the application, the department shall destroy the person’s
6license and issue to the person a duplicate driver’s license
7without the distinguishing mark required by section 321.189,
8subsection 2, paragraph “0d”.
93. The department may adopt rules to administer this
10section.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires an application for a temporary restricted
15license or driver’s license by a person convicted of a third
16or subsequent offense of operating while intoxicated to be
17accompanied by a statement signed by the person that the
18person will abstain from consuming alcoholic beverages in
19public and from possessing or using controlled substances.
20The bill requires the person’s temporary restricted license
21or driver’s license to contain a distinguishing mark on the
22back of the license. The bill provides that the person’s
23pledge to abstain from consuming alcoholic beverages in
24public and from possessing or using controlled substances
25is a condition of the issuance and validity of a temporary
26restricted license or driver’s license. The bill requires
27the department of transportation (DOT) to revoke the person’s
28temporary restricted license or driver’s license if the DOT
29has reasonable grounds to believe the person has consumed an
30alcoholic beverage in public or possessed or used a controlled
31substance after issuance of the license, whether or not
32the circumstances surrounding the consumption or possession
33involved the operation of a motor vehicle. Under current law,
34Code section 321J.14 permits judicial review of DOT actions in
35accordance with Code chapter 17A.
-2- 1The bill further provides that upon proper application
2and receipt of a valid driver’s license issued with the
3distinguishing mark by a person who has not consumed an
4alcoholic beverage in public or possessed or used a controlled
5substance within the five-year period immediately preceding
6the submission of the application, and whose driving record
7contains no operating-while-intoxicated violations within the
8five-year period immediately preceding the submission of the
9application, the DOT shall destroy the person’s license and
10issue to the person a duplicate driver’s license without the
11required distinguishing mark.
-3-th/ns
2issued to persons convicted of a third or subsequent offense
3of operating while intoxicated.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.189, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0d. Subject to the requirements of section
4321J.26, if the licensee has been convicted of a third or
5subsequent offense of operating while intoxicated in violation
6of section 321J.2, a distinguishing mark designed by the
7department shall appear on the back of the licensee’s driver’s
8license.
9 Sec. 2. NEW SECTION. 321J.26 Certain licenses conditioned
10on abstinence.
111. Notwithstanding section 321.177, subsection 4, or
12any other provision of law to the contrary, an application
13for a temporary restricted license or driver’s license by a
14person convicted of a third or subsequent offense of operating
15while intoxicated in violation of section 321J.2 shall be
16accompanied by a statement signed by the person that the person
17will abstain from consuming alcoholic beverages in public and
18from possessing or using controlled substances. The person’s
19temporary restricted license or driver’s license shall contain
20a distinguishing mark pursuant to section 321.189, subsection
212, paragraph “0d”. The person’s pledge to abstain from
22consuming alcoholic beverages in public and from possessing
23or using controlled substances shall be a condition of the
24issuance and validity of the person’s temporary restricted
25license or driver’s license. The department shall revoke the
26person’s temporary restricted license or driver’s license if
27the department has reasonable grounds to believe the person
28consumed an alcoholic beverage in public or possessed or used a
29controlled substance after issuance of the license, whether or
30not the circumstances surrounding the consumption or possession
31involved the operation of a motor vehicle.
322. Upon proper application and receipt of a valid driver’s
33license issued with a distinguishing mark pursuant to section
34321.189, subsection 2, paragraph “0d”, by a person who has not
35consumed an alcoholic beverage in public or possessed or used a
-1-1controlled substance within the five-year period immediately
2preceding the submission of the application, and whose driving
3record does not contain any violations of section 321J.2 within
4the five-year period immediately preceding the submission of
5the application, the department shall destroy the person’s
6license and issue to the person a duplicate driver’s license
7without the distinguishing mark required by section 321.189,
8subsection 2, paragraph “0d”.
93. The department may adopt rules to administer this
10section.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires an application for a temporary restricted
15license or driver’s license by a person convicted of a third
16or subsequent offense of operating while intoxicated to be
17accompanied by a statement signed by the person that the
18person will abstain from consuming alcoholic beverages in
19public and from possessing or using controlled substances.
20The bill requires the person’s temporary restricted license
21or driver’s license to contain a distinguishing mark on the
22back of the license. The bill provides that the person’s
23pledge to abstain from consuming alcoholic beverages in
24public and from possessing or using controlled substances
25is a condition of the issuance and validity of a temporary
26restricted license or driver’s license. The bill requires
27the department of transportation (DOT) to revoke the person’s
28temporary restricted license or driver’s license if the DOT
29has reasonable grounds to believe the person has consumed an
30alcoholic beverage in public or possessed or used a controlled
31substance after issuance of the license, whether or not
32the circumstances surrounding the consumption or possession
33involved the operation of a motor vehicle. Under current law,
34Code section 321J.14 permits judicial review of DOT actions in
35accordance with Code chapter 17A.
-2- 1The bill further provides that upon proper application
2and receipt of a valid driver’s license issued with the
3distinguishing mark by a person who has not consumed an
4alcoholic beverage in public or possessed or used a controlled
5substance within the five-year period immediately preceding
6the submission of the application, and whose driving record
7contains no operating-while-intoxicated violations within the
8five-year period immediately preceding the submission of the
9application, the DOT shall destroy the person’s license and
10issue to the person a duplicate driver’s license without the
11required distinguishing mark.
-3-th/ns