Text: HSB77            Text: HSB79


House Study Bill 78

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR 1 An Act relating to matters under the purview of the 2 department of transportation, including the use of 3 information contained in electronic driver and nonoperator 4 identification records, grounds for disqualification of 5 commercial vehicle operators, provisions for the issuance 6 of temporary restricted licenses for persons convicted of 7 operating while intoxicated, registration fees for electric 8 vehicles, and the administration of highway contracts, and 9 including applicability date provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1298DP (6) 85 dea/nh PAG LIN 1 1 Section 1. Section 22.7, Code 2013, is amended by adding the 1 2 following new subsection: 1 3 NEW SUBSECTION. 65. Personal information contained on 1 4 electronic driver's license or nonoperator's identification 1 5 card records that is provided by the licensee or card holder to 1 6 the department of transportation for use by law enforcement, 1 7 first responders, emergency medical service providers, and 1 8 other medical personnel responding to or assisting with an 1 9 emergency. 1 10 Sec. 2. Section 321.208, subsection 6, unnumbered paragraph 1 11 1, Code 2013, is amended to read as follows: 1 12 A person is disqualified from operating a commercial motor 1 13 vehicle if the person receives convictions for committing 1 14 within any three=year period two or more of the following 1 15 offenses while operating a commercial motor vehicle, or 1 16 while operating a noncommercial motor vehicle and holding 1 17 a commercial driver's license if the convictions result in 1 18 the revocation, cancellation, or suspension of the person's 1 19 commercial driver's license or noncommercial motor vehicle 1 20 driving privileges: 1 21 Sec. 3. Section 321.208, subsection 6, Code 2013, is amended 1 22 by adding the following new paragraphs: 1 23 NEW PARAGRAPH. i. Violating a state or local law or 1 24 ordinance on motor vehicle traffic control prohibiting texting 1 25 while driving a commercial motor vehicle. 1 26 NEW PARAGRAPH. j. Violating a state or local law or 1 27 ordinance on motor vehicle traffic control restricting or 1 28 prohibiting the use of a hand=held mobile telephone while 1 29 driving a commercial motor vehicle. 1 30 Sec. 4. Section 321J.17, subsections 1 and 3, Code 2013, are 1 31 amended to read as follows: 1 32 1. If the department revokes a person's driver's license 1 33 or nonresident operating privilege under this chapter, the 1 34 department shall assess the person a civil penalty of two 1 35 hundred dollars. The money collected by the department under 2 1 this section shall be transmitted to the treasurer of state 2 2 who shall deposit one=half of the money in the separate fund 2 3 established in section 915.94 and one=half of the money in the 2 4 general fund of the state. A temporary restricted license 2 5 shall not be issued unless an ignition interlock device has 2 6 been installed pursuant to section 321J.4. A driver's license 2 7 or nonresident operating privilege shall not be reinstated 2 8 unless proof of deinstallation of an ignition interlock device 2 9 installed pursuant to section 321J.4 has been submitted to 2 10 the department. Except as provided in section 321.210B, a 2 11 temporary restricted license shall not be issued or a driver's 2 12 license or nonresident operating privilege reinstated until 2 13 the civil penalty has been paid. A person assessed a penalty 2 14 under this section may remit the civil penalty along with a 2 15 processing fee of five dollars to a county treasurer authorized 2 16 to issue driver's licenses under chapter 321M, or the civil 2 17 penalty may be paid directly to the department. 2 18 3. The department shall also require certification of 2 19 installation of an ignition interlock device of a type approved 2 20 by the commissioner of public safety on all motor vehicles 2 21 owned or operated by any person seeking reinstatement following 2 22 a second or subsequent revocation under section 321J.4, 321J.9, 2 23 or 321J.12, unless such a person has previously received a 2 24 temporary restricted license during the term of the revocation 2 25 as authorized by this chapter. The requirement for the 2 26 installation of an approved ignition interlock device shall be 2 27 for one year from the date of reinstatement unless a different 2 28 longer time period is required by statute. The one=year 2 29 period a person is required to maintain an ignition interlock 2 30 device under this subsection shall be reduced by any period 2 31 of time the person held a valid temporary restricted license 2 32 during the revocation for the occurrence from which the arrest 2 33 arose. The person shall not operate any motor vehicle which 2 34 is not equipped with an approved ignition interlock device 2 35 during the period in which an ignition interlock device must be 3 1 maintained, and the department shall not grant reinstatement 3 2 unless the person certifies installation of an ignition 3 3 interlock device as required in this subsection. 3 4 Sec. 5. Section 321J.20, subsection 1, paragraph d, Code 3 5 2013, is amended to read as follows: 3 6 d. Following the applicable minimum period of ineligibility, 3 7 a temporary restricted license under this subsection shall 3 8 not be issued until the applicant installs an ignition 3 9 interlock device of a type approved by the commissioner of 3 10 public safety on all motor vehicles owned or operated by the 3 11 applicant in accordance with section 321J.2, 321J.4, 321J.9, 3 12 or 321J.12. Installation of an ignition interlock device 3 13 under this subsection shall be required for the period of time 3 14 for which the temporary restricted license is issued and for 3 15 such additional period of time following reinstatement as is 3 16 required under section 321J.17, subsection 3. 3 17 Sec. 6. Section 321J.20, subsection 2, Code 2013, is amended 3 18 to read as follows: 3 19 2. a. Notwithstanding section 321.560, the department may, 3 20 on application, and upon the expiration of the minimum period 3 21 of ineligibility for a temporary restricted license provided 3 22 for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a 3 23 temporary restricted license to a person whose noncommercial 3 24 driver's license has either been revoked under this chapter, or 3 25 revoked or suspended under chapter 321 solely for violations 3 26 of this chapter, or who has been determined to be a habitual 3 27 offender under chapter 321 based solely on violations of this 3 28 chapter or on violations listed in section 321.560, subsection 3 29 1, paragraph "b", and who is not eligible for a temporary 3 30 restricted license under subsection 1. However, the department 3 31 may not issue a temporary restricted license under this 3 32 subsection for a violation of section 321J.2A or to a person 3 33 under the age of twenty=one whose license is revoked under 3 34 section 321J.4, 321J.9, or 321J.12. A temporary restricted 3 35 license issued under this subsection may allow the person to 4 1 drive to and from the person's home and specified places at 4 2 specified times which can be verified by the department and 4 3 which are required by the person's full=time or part=time 4 4 employment,; continuing education while enrolled in an 4 5 educational institution on a part=time or full=time basis and 4 6 while pursuing a course of study leading to a diploma, degree, 4 7 or other certification of successful educational completion,; 4 8 or substance abuse treatment. 4 9 b. Notwithstanding paragraph "a", a temporary restricted 4 10 license issued to a person whose noncommercial driver's license 4 11 has been revoked under section 321J.4, subsection 2, section 4 12 321J.9, subsection 1, paragraph "b", or section 321J.12, 4 13 subsection 1, paragraph "b", shall provide for but not exceed 4 14 the uses permitted by 23 U.S.C. { 164. This restriction 4 15 applies only during the first three hundred sixty=five days of 4 16 the person's revocation. 4 17 c. b. A temporary restricted license issued under this 4 18 subsection shall be conditioned upon the installation of not 4 19 be issued until the applicant installs an approved ignition 4 20 interlock device on all motor vehicles owned or operated by 4 21 the person applicant. Installation of an ignition interlock 4 22 device under this subsection shall be required for the period 4 23 of time for which the temporary restricted license is issued, 4 24 and for such additional period of time following reinstatement 4 25 as is required under section 321J.17, subsection 3. However, 4 26 a person whose driver's license or nonresident operating 4 27 privilege has been revoked under section 321J.21 may apply to 4 28 the department for a temporary restricted license without the 4 29 requirement of an ignition interlock device if at least twelve 4 30 years have elapsed since the end of the underlying revocation 4 31 period for a violation of section 321J.2. 4 32 Sec. 7. Section 321M.9, subsection 4, Code 2013, is amended 4 33 by striking the subsection. 4 34 Sec. 8. REPEAL. Section 321.116, Code 2013, is repealed. 4 35 Sec. 9. REPEAL. 1984 Iowa Acts, chapter 1229, section 2, 5 1 is repealed. 5 2 Sec. 10. APPLICABILITY. The section of this Act that 5 3 repeals section 321.116 applies for registration years 5 4 beginning on or after January 1, 2014. 5 5 EXPLANATION 5 6 This bill contains provisions relating to a variety of 5 7 matters administered by the department of transportation. 5 8 The bill amends Code section 22.7 to provide that personal 5 9 information contained on electronic driver's license or 5 10 nonoperator's identification card records that is provided by 5 11 the licensee or card holder for use by certain law enforcement 5 12 and medical personnel responding to or assisting with an 5 13 emergency constitutes a confidential record. 5 14 Under current law, a person is disqualified from operating 5 15 a commercial motor vehicle if the person has two or more 5 16 convictions within a three=year period for certain specified 5 17 offenses committed while operating a commercial motor vehicle, 5 18 or committed while operating a noncommercial motor vehicle and 5 19 holding a commercial driver's license if the convictions result 5 20 in a sanction of the person's driving privileges. Code section 5 21 321.208 is amended to add texting and using a hand=held mobile 5 22 telephone in violation of a state or local law while operating 5 23 a commercial motor vehicle to that list of specified offenses. 5 24 Under current law, a person whose driver's license is 5 25 revoked upon conviction of a second offense of operating while 5 26 intoxicated may apply for a temporary restricted license 45 5 27 days after the effective date of revocation if the person 5 28 submitted to chemical testing, and 90 days after revocation 5 29 if the person refused testing. The issuance of a temporary 5 30 restricted license is conditioned upon the installation of 5 31 an ignition interlock device on all motor vehicles owned 5 32 or operated by the person. At the end of the period of 5 33 revocation, an ignition interlock device is required for a 5 34 period of one year, unless a different period is required 5 35 by statute; however, an ignition interlock device is not 6 1 required for reinstatement if the person had a temporary 6 2 restricted license during the revocation period. The bill 6 3 amends Code sections 321J.17 and 321J.20 to provide that a 6 4 person is required to maintain an ignition interlock device 6 5 for one year or longer following reinstatement. The one=year 6 6 period is reduced by any period of time the person held a 6 7 valid temporary restricted license during the revocation 6 8 for the occurrence from which the arrest arose. A person 6 9 is prohibited from operating any motor vehicle not equipped 6 10 with an ignition interlock device during the period in which 6 11 a device is required to be maintained, and a person must 6 12 certify installation of an ignition interlock device before 6 13 the department can grant reinstatement. The bill also strikes 6 14 a provision in current law that ties the permissible use of 6 15 certain temporary restricted licenses to uses permitted under 6 16 federal law. Finally, the bill strikes the current requirement 6 17 that a person who was issued a temporary restricted license 6 18 must submit proof of deinstallation of an ignition interlock 6 19 device as a condition for reinstatement of a full driver's 6 20 license. 6 21 The bill strikes a provision in Code section 321M.9 6 22 requiring the auditor of state to conduct periodic studies of 6 23 the county driver's license issuance program. 6 24 Code section 321.116, which establishes an annual 6 25 registration fee of $25 for electric motor vehicles, is 6 26 repealed. As a result, electric motor vehicles will be subject 6 27 to registration fees based on the weight and value of the 6 28 vehicle. The change applies for registration years beginning 6 29 on or after January 1, 2014. 6 30 The bill repeals a provision in 1984 Acts, chapter 1229, 6 31 that linked the contingent repeal of Code section 314.14, as it 6 32 existed at that time, to the repeal or expiration of a federal 6 33 statute relating to set=aside contracts for disadvantaged 6 34 business enterprises. Due to subsequent substantive amendments 6 35 to the Code section, the contingent repeal provision is no 7 1 longer relevant. LSB 1298DP (6) 85 dea/nh
Text: HSB77            Text: HSB79