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House File 505 - 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 2017, 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 created 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 any other provision of law to the
12contrary, an application for a temporary restricted license or
13driver’s license by a person convicted of a third or subsequent
14offense of operating while intoxicated in violation of section
15321J.2 shall be accompanied by a statement signed by the person
16that the person will abstain from consuming alcoholic beverages
17in public and from possessing or using controlled substances.
18The person’s temporary restricted license or driver’s license
19shall contain a distinguishing mark pursuant to section
20321.189, subsection 2, paragraph “0d”. The person’s pledge to
21abstain from consuming alcoholic beverages in public and from
22possessing or using controlled substances shall be a condition
23of the issuance and validity of the person’s temporary
24restricted license or driver’s license. The department shall
25revoke the person’s temporary restricted license or driver’s
26license if the department has reasonable grounds to believe
27the person has consumed an alcoholic beverage in public or
28possessed or used a controlled substance, whether or not
29the circumstances surrounding the consumption or possession
30involved the operation of a motor vehicle.
312. Upon proper application by a person with a valid driver’s
32license issued with a distinguishing mark pursuant to section
33321.189, subsection 2, paragraph “0d”, who has not consumed an
34alcoholic beverage in public or possessed or used a controlled
35substance within the five-year period immediately preceding
-1-1the submission of the application, and whose driving record
2does not contain any violations of section 321J.2 within the
3five-year period immediately preceding the submission of the
4application, the department shall obtain and destroy the
5person’s license and issue to the person a duplicate driver’s
6license without the distinguishing mark required by section
7321.189, subsection 2, paragraph “0d”.
83. The department may adopt rules to administer this
9section.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires an application for a temporary restricted
14license or driver’s license by a person convicted of a third
15or subsequent offense of operating while intoxicated to be
16accompanied by a statement signed by the person that the
17person will abstain from consuming alcoholic beverages in
18public and from possessing or using controlled substances.
19The bill requires the person’s temporary restricted license
20or driver’s license to contain a distinguishing mark on the
21back of the license. The bill provides that the person’s
22pledge to abstain from consuming alcoholic beverages in
23public and from possessing or using controlled substances
24is a condition of the issuance and validity of a temporary
25restricted license or driver’s license. The bill requires
26the department of transportation (DOT) to revoke the person’s
27temporary restricted license or driver’s license if the DOT
28has reasonable grounds to believe the person has consumed an
29alcoholic beverage in public or possessed or used a controlled
30substance, whether or not the circumstances surrounding the
31consumption or possession involved the operation of a motor
32vehicle. Under current law, Code section 321J.14 permits
33judicial review of DOT actions in accordance with Code chapter
3417A.
35The bill further provides that upon proper application
-2-1by a person with a valid driver’s license issued with the
2distinguishing mark, who has not consumed an alcoholic beverage
3in public or possessed or used a controlled substance within
4the five-year period immediately preceding the submission
5of the application, and whose driving record contains no
6operating-while-intoxicated violations within the five-year
7period immediately preceding the submission of the application,
8the DOT shall obtain and destroy the person’s license and issue
9to the person a duplicate driver’s license without the required
10distinguishing mark.
-3-ns/rh/nh
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 2017, 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 created 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 any other provision of law to the
12contrary, an application for a temporary restricted license or
13driver’s license by a person convicted of a third or subsequent
14offense of operating while intoxicated in violation of section
15321J.2 shall be accompanied by a statement signed by the person
16that the person will abstain from consuming alcoholic beverages
17in public and from possessing or using controlled substances.
18The person’s temporary restricted license or driver’s license
19shall contain a distinguishing mark pursuant to section
20321.189, subsection 2, paragraph “0d”. The person’s pledge to
21abstain from consuming alcoholic beverages in public and from
22possessing or using controlled substances shall be a condition
23of the issuance and validity of the person’s temporary
24restricted license or driver’s license. The department shall
25revoke the person’s temporary restricted license or driver’s
26license if the department has reasonable grounds to believe
27the person has consumed an alcoholic beverage in public or
28possessed or used a controlled substance, whether or not
29the circumstances surrounding the consumption or possession
30involved the operation of a motor vehicle.
312. Upon proper application by a person with a valid driver’s
32license issued with a distinguishing mark pursuant to section
33321.189, subsection 2, paragraph “0d”, who has not consumed an
34alcoholic beverage in public or possessed or used a controlled
35substance within the five-year period immediately preceding
-1-1the submission of the application, and whose driving record
2does not contain any violations of section 321J.2 within the
3five-year period immediately preceding the submission of the
4application, the department shall obtain and destroy the
5person’s license and issue to the person a duplicate driver’s
6license without the distinguishing mark required by section
7321.189, subsection 2, paragraph “0d”.
83. The department may adopt rules to administer this
9section.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires an application for a temporary restricted
14license or driver’s license by a person convicted of a third
15or subsequent offense of operating while intoxicated to be
16accompanied by a statement signed by the person that the
17person will abstain from consuming alcoholic beverages in
18public and from possessing or using controlled substances.
19The bill requires the person’s temporary restricted license
20or driver’s license to contain a distinguishing mark on the
21back of the license. The bill provides that the person’s
22pledge to abstain from consuming alcoholic beverages in
23public and from possessing or using controlled substances
24is a condition of the issuance and validity of a temporary
25restricted license or driver’s license. The bill requires
26the department of transportation (DOT) to revoke the person’s
27temporary restricted license or driver’s license if the DOT
28has reasonable grounds to believe the person has consumed an
29alcoholic beverage in public or possessed or used a controlled
30substance, whether or not the circumstances surrounding the
31consumption or possession involved the operation of a motor
32vehicle. Under current law, Code section 321J.14 permits
33judicial review of DOT actions in accordance with Code chapter
3417A.
35The bill further provides that upon proper application
-2-1by a person with a valid driver’s license issued with the
2distinguishing mark, who has not consumed an alcoholic beverage
3in public or possessed or used a controlled substance within
4the five-year period immediately preceding the submission
5of the application, and whose driving record contains no
6operating-while-intoxicated violations within the five-year
7period immediately preceding the submission of the application,
8the DOT shall obtain and destroy the person’s license and issue
9to the person a duplicate driver’s license without the required
10distinguishing mark.
-3-ns/rh/nh