Bill Text: IA HF2158 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the installation and use of ignition interlock devices, establishing sobriety monitoring pilot programs, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-04 - Introduced, referred to Judiciary. H.J. 164. [HF2158 Detail]
Download: Iowa-2015-HF2158-Introduced.html
House File 2158 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to the installation and use of ignition 2 interlock devices, establishing sobriety monitoring pilot 3 programs, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5163YH (4) 86 ns/nh PAG LIN 1 1 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2 2016, is amended to read as follows: 1 3 d. (1) Revocation of the person's driver's license for 1 4 a minimum period of one hundred eighty days up to a maximum 1 5 revocation period of one year, pursuant to section 321J.4, 1 6 subsection 1, section 321J.9, or section 321J.12, subsection 1 7 2. If a revocation occurs due to test refusal under section 1 8 321J.9, the defendant shall be ineligible for a temporary 1 9 restricted license for a minimum period of ninety days. 1 10(1)(2) A defendant whose alcohol concentration is .08 1 11 or morebut not more than .10shall not be eligible for any 1 12 temporary restricted license for at least thirty days if 1 13 a test was obtained and an accident resulting in personal 1 14 injury or property damage occurred or the defendant's alcohol 1 15 concentration exceeded .15.TheThere shall be no such 1 16 period of ineligibility if no such accident occurred and the 1 17 defendant's alcohol concentration did not exceed .15. 1 18 (3) Upon revocation, the department shall require the 1 19 defendant to install an ignition interlock device of a type 1 20 approved by the commissioner of public safety on all vehicles 1 21 owned or operated by the defendantif the defendant seeks a 1 22 temporary restricted license.There shall be no such period of 1 23 ineligibility if no such accident occurred, and the defendant 1 24 shall not be required to install an ignition interlock device.1 25(2) A defendant whose alcohol concentration is more than .10 1 26 shall not be eligible for any temporary restricted license for 1 27 at least thirty days if a test was obtained, and an accident 1 28 resulting in personal injury or property damage occurred or the 1 29 defendant's alcohol concentration exceeded .15. There shall be 1 30 no such period of ineligibility if no such accident occurred 1 31 and the defendant's alcohol concentration did not exceed .15. 1 32 In either case, where a defendant's alcohol concentration is 1 33 more than .10, the department shall require the defendant to 1 34 install an ignition interlock device of a type approved by the 1 35 commissioner of public safety on all vehicles owned or operated 2 1 by the defendant if the defendant seeks a temporary restricted 2 2 license.2 3 Sec. 2. Section 321J.4, subsection 1, paragraphs a and b, 2 4 Code 2016, are amended to read as follows: 2 5 a. A defendant whose alcohol concentration is .08 or 2 6 morebut not more than .10shall not be eligible for any 2 7 temporary restricted license for at least thirty days if 2 8 a test was obtained and an accident resulting in personal 2 9 injury or property damage occurred or the defendant's alcohol 2 10 concentration exceeded .15.TheThere shall be no such 2 11 period of ineligibility if no such accident occurred and the 2 12 defendant's alcohol concentration did not exceed .15. 2 13 b. Upon revocation, the department shall require the 2 14 defendant to install an ignition interlock device of a type 2 15 approved by the commissioner of public safety on all vehicles 2 16 owned or operated by the defendantif the defendant seeks a 2 17 temporary restricted license.There shall be no such period of 2 18 ineligibility if no such accident occurred, and the defendant 2 19 shall not be required to install an ignition interlock device.2 20b. A defendant whose alcohol concentration is more than .10 2 21 shall not be eligible for any temporary restricted license for 2 22 at least thirty days if a test was obtained and an accident 2 23 resulting in personal injury or property damage occurred or the 2 24 defendant's alcohol concentration exceeded .15. There shall be 2 25 no such period of ineligibility if no such accident occurred 2 26 and the defendant's alcohol concentration did not exceed .15. 2 27 In either case, where a defendant's alcohol concentration is 2 28 more than .10, the department shall require the defendant to 2 29 install an ignition interlock device of a type approved by the 2 30 commissioner of public safety on all vehicles owned or operated 2 31 by the defendant if the defendant seeks a temporary restricted 2 32 license.2 33 Sec. 3. Section 321J.4, subsection 2, Code 2016, is amended 2 34 to read as follows: 2 35 2. If a defendant is convicted of a violation of section 3 1 321J.2, and the defendant's driver's license or nonresident 3 2 operating privilege has not already been revoked under section 3 3 321J.9 or 321J.12 for the occurrence from which the arrest 3 4 arose, the department shall revoke the defendant's driver's 3 5 license or nonresident operating privilege for one year if the 3 6 defendant submitted to chemical testing and has had a previous 3 7 conviction or revocation under this chapter and shall revoke 3 8 the defendant's driver's license or nonresident operating 3 9 privilege for two years if the defendant refused to submit to 3 10 chemical testing and has had a previous revocation under this 3 11 chapter. The defendant shall not be eligible for any temporary 3 12 restricted license for forty=five days after the effective date 3 13 of revocation if the defendant submitted to chemical testing 3 14 and shall not be eligible for any temporary restricted license 3 15 for ninety days after the effective date of revocation if the 3 16 defendant refused chemical testing. The temporary restricted 3 17 license shall be issued in accordance with section 321J.20, 3 18 subsection 2.TheUpon revocation, the department shall 3 19 require the defendant to install an ignition interlock device 3 20 of a type approved by the commissioner of public safety on all 3 21 vehicles owned or operated by the defendantif the defendant 3 22 seeks a temporary restricted license at the end of the minimum 3 23 period of ineligibility. A temporary restricted license shall 3 24 not be granted by the department until the defendant installs 3 25 the ignition interlock device. 3 26 Sec. 4. Section 321J.4, subsection 3, paragraphs a and b, 3 27 Code 2016, are amended to read as follows: 3 28 a. A defendant whose alcohol concentration is .08 or 3 29 morebut not more than .10shall not be eligible for any 3 30 temporary restricted license for at least thirty days if 3 31 a test was obtained and an accident resulting in personal 3 32 injury or property damage occurred or the defendant's alcohol 3 33 concentration exceeded .15.TheThere shall be no such 3 34 period of ineligibility if no such accident occurred and the 3 35 defendant's alcohol concentration did not exceed .15. 4 1 b. Upon revocation, the department shall require the 4 2 defendant to install an ignition interlock device of a type 4 3 approved by the commissioner of public safety on all vehicles 4 4 owned or operated by the defendantif the defendant seeks a 4 5 temporary restricted license.There shall be no such period of 4 6 ineligibility if no such accident occurred, and the defendant 4 7 shall not be required to install an ignition interlock device.4 8b. A defendant whose alcohol concentration is more than .10 4 9 shall not be eligible for any temporary restricted license for 4 10 at least thirty days if a test was obtained and an accident 4 11 resulting in personal injury or property damage occurred or the 4 12 defendant's alcohol concentration exceeded .15. There shall be 4 13 no such period of ineligibility if no such accident occurred 4 14 and the defendant's alcohol concentration did not exceed .15. 4 15 In either case, where a defendant's alcohol concentration is 4 16 more than .10, the department shall require the defendant to 4 17 install an ignition interlock device of a type approved by the 4 18 commissioner of public safety on all vehicles owned or operated 4 19 by the defendant if the defendant seeks a temporary restricted 4 20 license.4 21 Sec. 5. Section 321J.4, subsection 4, Code 2016, is amended 4 22 to read as follows: 4 23 4. Upon a plea or verdict of guilty of a third or subsequent 4 24 violation of section 321J.2, the department shall revoke the 4 25 defendant's driver's license or nonresident operating privilege 4 26 for a period of six years. The defendant shall not be eligible 4 27 for a temporary restricted license for one year after the 4 28 effective date of the revocation.TheUpon revocation, the 4 29 department shall require the defendant to install an ignition 4 30 interlock device of a type approved by the commissioner 4 31 of public safety on all vehicles owned or operated by the 4 32 defendantif the defendant seeks a temporary restricted license 4 33 at the end of the minimum period of ineligibility. A temporary 4 34 restricted license shall not be granted by the department until 4 35 the defendant installs the ignition interlock device. 5 1 Sec. 6. Section 321J.4, subsection 8, paragraph a, Code 5 2 2016, is amended to read as follows: 5 3 a. On a conviction for or as a condition of a deferred 5 4 judgment for a violation of section 321J.2, the courtmayshall 5 5 order the defendant to install ignition interlock devices 5 6 of a type approved by the commissioner of public safety on 5 7 all motor vehicles owned or operated by the defendant which, 5 8 without tampering or the intervention of another person, would 5 9 prevent the defendant from operating the motor vehicle with an 5 10 alcohol concentration greater than a level set by rule of the 5 11 commissioner of public safety. 5 12 Sec. 7. Section 321J.4, subsection 8, paragraph c, Code 5 13 2016, is amended to read as follows: 5 14 c. The order to install ignition interlock devices shall 5 15 remain in effect fora period of time as determined by the 5 16 court which shall not exceed the maximum term of imprisonment 5 17 which the court could have imposed according to the nature of 5 18 the violationthe period of time required by section 321.20A. 5 19 While the order is in effect, the defendant shall not operate 5 20 a motor vehicle which does not have an approved ignition 5 21 interlock device installed. 5 22 Sec. 8. Section 321J.4B, subsection 5, paragraph d, Code 5 23 2016, is amended to read as follows: 5 24 d. The period of impoundment or immobilization of a motor 5 25 vehicle under this section shall be the period of license 5 26 revocation imposed upon the person convicted of the offense 5 27 or one hundred eighty days, whichever period is longer. The 5 28 impoundment or immobilization period shall commence on the day 5 29 that the vehicle is first impounded or immobilized. However, 5 30 the period of time required to have an ignition interlock 5 31 device installed in the vehicle shall be as provided in section 5 32 321J.20A. 5 33 Sec. 9. Section 321J.9, subsection 2, paragraph b, Code 5 34 2016, is amended to read as follows: 5 35 b.TheUpon revocation, the department shall require the 6 1 defendant to install an ignition interlock device of a type 6 2 approved by the commissioner of public safety on all vehicles 6 3 owned or operated by the defendantif the defendant seeks a 6 4 temporary restricted license at the end of the minimum period 6 5 of ineligibility. A temporary restricted license shall not 6 6 be granted by the department until the defendant installs the 6 7 ignition interlock device. 6 8 Sec. 10. Section 321J.12, subsection 2, Code 2016, is 6 9 amended to read as follows: 6 10 2. a. A person whose driver's license or nonresident 6 11 operating privileges have been revoked under subsection 1, 6 12 paragraph "a", whose alcohol concentration is .08or more but 6 13 not more than .10shall not be eligible for any temporary 6 14 restricted license for at least thirty days after the effective 6 15 date of the revocation if a test was obtained and an accident 6 16 resulting in personal injury or property damage occurred or 6 17 the defendant's alcohol concentration exceeded .15.TheThere 6 18 shall be no such period of ineligibility if no such accident 6 19 occurred and the defendant's alcohol concentration did not 6 20 exceed .15. 6 21 b. Upon revocation, the department shall require the 6 22 defendant to install an ignition interlock device of a 6 23 type approved by the commissioner of public safety on all 6 24 vehicles owned or operated by the defendantif the defendant 6 25 seeks a temporary license.There shall be no such period of 6 26 ineligibility if no such accident occurred, and the defendant 6 27 shall not be required to install an ignition interlock device.6 28b. A defendant whose alcohol concentration is more than .10 6 29 shall not be eligible for any temporary restricted license for 6 30 at least thirty days if a test was obtained and an accident 6 31 resulting in personal injury or property damage occurred or the 6 32 defendant's alcohol concentration exceeded .15. There shall be 6 33 no such period of ineligibility if no such accident occurred 6 34 and the defendant's alcohol concentration did not exceed .15. 6 35 In either case, where a defendant's alcohol concentration is 7 1 more than .10, the department shall require the defendant to 7 2 install an ignition interlock device of a type approved by the 7 3 commissioner of public safety on all vehicles owned or operated 7 4 by the defendant if the defendant seeks a temporary restricted 7 5 license.7 6 c. If the person is under the age of twenty=one, the person 7 7 shall not be eligible for a temporary restricted license for at 7 8 least sixty days after the effective date of the revocation. 7 9 d. A person whose license or privileges have been revoked 7 10 under subsection 1, paragraph "b", for one year shall not be 7 11 eligible for any temporary restricted license for forty=five 7 12 days after the effective date of the revocation, and upon 7 13 revocation the department shall require the person to install 7 14 an ignition interlock device of a type approved by the 7 15 commissioner of public safety on all vehicles owned or operated 7 16 by the defendantif the defendant seeks a temporary restricted 7 17 license at the end of the minimum period of ineligibility. 7 18 The temporary restricted license shall be issued in accordance 7 19 with section 321J.20, subsection 2. A temporary restricted 7 20 license shall not be granted by the department until the 7 21 defendant installs the ignition interlock device. 7 22 Sec. 11. Section 321J.17, subsection 3, Code 2016, is 7 23 amended to read as follows: 7 24 3. The department shall also require certification of 7 25 installation of an ignition interlock device of a type approved 7 26 by the commissioner of public safety on all motor vehicles 7 27 owned or operated by any person seeking reinstatement following 7 28 a second or subsequent revocation under section 321J.4, 7 29 321J.9, or 321J.12. The requirement for the installation of 7 30 an approved ignition interlock device shall be forone year 7 31 from the date of reinstatement unless a longer time period is 7 32 required by statutethe period of time required under section 7 33 321J.20A.The one=year period a person is required to maintain 7 34 an ignition interlock device under this subsection shall be 7 35 reduced by any period of time the person held a valid temporary 8 1 restricted license during the period of the revocation for 8 2 the occurrence from which the arrest arose.The person shall 8 3 not operate any motor vehicle which is not equipped with an 8 4 approved ignition interlock device during the period in which 8 5 an ignition interlock device must be maintained, and the 8 6 department shall not grant reinstatement unless the person 8 7 certifies installation of an ignition interlock device as 8 8 required in this subsection. 8 9 Sec. 12. Section 321J.20, subsection 1, paragraph d, Code 8 10 2016, is amended to read as follows: 8 11 d. Following the applicable minimum period of ineligibility, 8 12 a temporary restricted license under this subsection shall not 8 13 be issueduntilunless the applicantinstallshas installed 8 14 an ignition interlock device of a type approved by the 8 15 commissioner of public safety on all motor vehicles owned or 8 16 operated by the applicant in accordance with section 321J.2, 8 17 321J.4, 321J.9, or 321J.12. Installation of an ignition 8 18 interlock device under this subsection shall be required for 8 19 the period of timefor which the temporary restricted license 8 20 is issued and for such additional period of time following 8 21 reinstatement as is required under section 321J.17, subsection 8 22 3provided under section 321J.20A. 8 23 Sec. 13. Section 321J.20, subsection 2, paragraph b, Code 8 24 2016, is amended to read as follows: 8 25 b. A temporary restricted license issued under this 8 26 subsection shall not be issueduntilunless the applicant 8 27installshas installed an approved ignition interlock device 8 28 on all motor vehicles owned or operated by the applicant. 8 29 Installation of an ignition interlock device under this 8 30 subsection shall be required for the period of timefor 8 31 which the temporary restricted license is issued, and for 8 32 such additional period of time following reinstatement as is 8 33 required under section 321J.17, subsection 3provided under 8 34 section 321J.20A. However, a person whose driver's license or 8 35 nonresident operating privilege has been revoked under section 9 1 321J.21 may apply to the department for a temporary restricted 9 2 license without the requirement of an ignition interlock device 9 3 if at least twelve years have elapsed since the end of the 9 4 underlying revocation period for a first violation of section 9 5 321J.2. 9 6 Sec. 14. NEW SECTION. 321J.20A Ignition interlock devices 9 7 ==== duration of requirements ==== indigent user fund. 9 8 1. a. An ignition interlock device installed in a motor 9 9 vehicle pursuant to this chapter shall be installed in the 9 10 vehicle for as long as the defendant is the owner or operator 9 11 of the vehicle, except as follows: 9 12 (1) If the ignition interlock device was installed as a 9 13 result of the defendant's first offense or revocation under 9 14 this chapter and a test was obtained, the device shall be 9 15 uninstalled one hundred eighty days after the later of the 9 16 following: 9 17 (a) The date the defendant's license was revoked. 9 18 (b) The date the defendant last failed a test or retest 9 19 by the device because the defendant's alcohol concentration 9 20 exceeded the limit established under 661 IAC 158.6. 9 21 (c) The date the defendant last failed to maintain the 9 22 device as required under 661 IAC ch. 158. 9 23 (2) If the ignition interlock device was installed as a 9 24 result of the defendant's first offense or revocation under 9 25 this chapter and a test was refused, the device shall be 9 26 uninstalled one hundred eighty days after the later of the 9 27 following: 9 28 (a) The date the defendant's license revocation period 9 29 ends. 9 30 (b) The date the defendant last failed a test or retest 9 31 by the device because the defendant's alcohol concentration 9 32 exceeded the limit established under 661 IAC 158.6. 9 33 (c) The date the defendant last failed to maintain the 9 34 device as required by 661 IAC ch. 158. 9 35 b. An ignition interlock device shall not be uninstalled 10 1 under this section if the defendant has been convicted of 10 2 a second or subsequent violation of section 321J.2, if the 10 3 defendant's license has been revoked for a second or subsequent 10 4 time under this chapter, or if the defendant has been convicted 10 5 of tampering with or circumventing an ignition interlock 10 6 device. 10 7 c. The department of public safety, in consultation with the 10 8 department, may adopt rules to administer this subsection. 10 9 2. a. An ignition interlock indigent user fund is created 10 10 in the state treasury. The fund shall be administered by 10 11 the department and shall consist of moneys collected by the 10 12 department under this subsection. The moneys in the fund are 10 13 appropriated to and shall be used by the department to assist 10 14 indigent users of ignition interlock devices in paying for the 10 15 use of the devices. Notwithstanding section 8.33, moneys in 10 16 the fund at the end of each fiscal year shall not revert to any 10 17 other fund but shall remain in the fund for expenditure for 10 18 subsequent fiscal years. 10 19 b. Each month, the department shall assess an ignition 10 20 interlock user fee to each user of an ignition interlock 10 21 device. All ignition interlock user fees shall be collected by 10 22 the department and deposited in the ignition interlock indigent 10 23 user fund. The amount of the monthly ignition interlock user 10 24 fee shall be set by the department so that the moneys in the 10 25 ignition interlock indigent user fund are sufficient to assist 10 26 all indigent users of ignition interlock devices in paying for 10 27 the use of the devices. 10 28 c. A person is indigent for the purposes of this subsection 10 29 if any of the following apply: 10 30 (1) The person has an income level at or below one hundred 10 31 twenty=five percent of the United States poverty level as 10 32 defined by the most recently revised poverty income guidelines 10 33 published by the United States department of health and human 10 34 services, and the department determines that the person is 10 35 unable to pay for the cost of an ignition interlock device. In 11 1 making the determination of a person's ability to pay for the 11 2 cost of a device, the department shall consider not only the 11 3 person's income, but also the person's other assets, including 11 4 but not limited to cash, stocks, bonds, and any other property. 11 5 (2) The person has an income level greater than one hundred 11 6 twenty=five percent, but at or below two hundred percent, of 11 7 the most recently revised poverty income guidelines published 11 8 by the United States department of health and human services, 11 9 and the department determines that paying for the ignition 11 10 interlock device would cause the person substantial hardship. 11 11 In determining whether substantial hardship would result, the 11 12 department shall consider not only the person's income, but 11 13 also the person's other assets, including but not limited to 11 14 cash, stocks, bonds, and any other property. 11 15 d. The department shall adopt rules to administer this 11 16 subsection, including but not limited to the manner used to 11 17 determine the monthly ignition interlock user fee and the 11 18 accepted form and manner in which a person may demonstrate 11 19 indigency. 11 20 Sec. 15. SOBRIETY MONITORING PILOT PROGRAMS. 11 21 1. The department of public health, in collaboration 11 22 with the department of corrections, the department of public 11 23 safety, and the department of transportation, may approve an 11 24 application from a county for a countywide sobriety monitoring 11 25 pilot program that is available twenty=four hours per day, 11 26 seven days per week, in an effort to reduce the number of 11 27 crimes related to operating while intoxicated. One application 11 28 shall be approved for a county with a population of two hundred 11 29 thousand people or more, one application shall be approved 11 30 for a county with a population of one hundred thousand people 11 31 or more but less than two hundred thousand people, and one 11 32 application shall be approved for a county with a population of 11 33 less than one hundred thousand people. 11 34 2. A sobriety monitoring pilot program shall do all of the 11 35 following: 12 1 a. Require a person who has been charged with, pled guilty 12 2 to, or been convicted of a violation of section 321J.2 to 12 3 abstain from all chemical substances for a period of time. 12 4 b. Require the person to be subject to testing to determine 12 5 whether a chemical substance is present in the person's body 12 6 in the following manner: 12 7 (1) At least twice per day at a central location where an 12 8 immediate sanction can be applied. 12 9 (2) Where testing under subparagraph (1) is impractical, by 12 10 continuous transdermal or electronic monitoring. 12 11 c. Apply sanctions when test results definitively, and 12 12 without presumption, indicate the presence of chemical 12 13 substances. 12 14 d. Require a person participating in the program to pay 12 15 program costs, including costs of installation, monitoring, and 12 16 deactivation of any testing devices. 12 17 e. Require the person to install an ignition interlock 12 18 device of a type approved by the commissioner of public safety 12 19 on all vehicles owned or operated by the person, and require 12 20 the person to pay the costs associated with the installation 12 21 and use of the ignition interlock device. 12 22 3. A court in a county that has established a pilot program 12 23 pursuant to this section may order a defendant, as a condition 12 24 of pretrial release, probation, or bond, to participate in the 12 25 program. 12 26 4. An approved pilot program shall begin on January 15, 12 27 2017, or upon the effective date of department rules, whichever 12 28 is earlier, and shall be conducted for a minimum of one year. 12 29 5. The department of public health shall adopt rules 12 30 pursuant to chapter 17A to implement this section including 12 31 but not limited to provisions relating to applications for, 12 32 approval of, costs of, and oversight of the pilot programs and 12 33 reporting requirements for participating counties. 12 34 6. The department of public health shall submit a report on 12 35 the results of the pilot programs and make recommendations to 13 1 the general assembly by December 15, 2018. 13 2 7. For the purposes of this section, "chemical substance" 13 3 means alcohol, wine, spirits, and beer as defined in section 13 4 123.3 and controlled substances as defined in section 124.101. 13 5 EXPLANATION 13 6 The inclusion of this explanation does not constitute agreement with 13 7 the explanation's substance by the members of the general assembly. 13 8 Current law requires a person guilty of operating while 13 9 intoxicated (OWI) to install an ignition interlock device in 13 10 the person's vehicle if the person seeks a temporary restricted 13 11 license, unless the person's alcohol concentration was less 13 12 than .10 and no accident occurred. This bill strikes that 13 13 exception, and also requires a person guilty of OWI to install 13 14 an ignition interlock device in the person's vehicle upon the 13 15 revocation of the person's driver's license rather than upon 13 16 the person's application for a temporary restricted license. 13 17 Under current law, an ignition interlock device is required 13 18 to be installed in a person's vehicle for the period of time 13 19 for which the person's temporary restricted license is issued, 13 20 and up to one additional year after license reinstatement if 13 21 the person has two or more OWI revocations. The bill requires 13 22 the permanent installation of an ignition interlock device with 13 23 two exceptions. If the ignition interlock device was installed 13 24 as a result of the person's first OWI offense or revocation and 13 25 a test was obtained, the device shall be uninstalled 180 days 13 26 after the person's license was revoked, the person last failed 13 27 a test by the ignition interlock device, or the defendant last 13 28 failed to maintain the device as required, whichever is latest. 13 29 If the ignition interlock device was installed as a result of 13 30 the person's first OWI offense or revocation and a test was 13 31 refused, the device shall be uninstalled 180 days after the 13 32 person's license revocation period is over, the person last 13 33 failed a test by the ignition interlock device, or the person 13 34 last failed to maintain the device as required, whichever is 13 35 latest. 14 1 The bill provides an ignition interlock device shall not 14 2 be uninstalled if the person has been convicted of a second 14 3 or subsequent OWI violation, if the person's license has been 14 4 revoked for a second or subsequent time, or if the person has 14 5 been convicted of tampering with or circumventing an ignition 14 6 interlock device. 14 7 The bill requires the department of transportation (DOT) 14 8 to assess a monthly ignition interlock user fee to each user 14 9 of an ignition interlock device. All ignition interlock user 14 10 fees will be collected by the DOT and deposited in an ignition 14 11 interlock indigent user fund (IIIUF). The bill requires the 14 12 DOT to use the moneys in the IIIUF to assist indigent users 14 13 of ignition interlock devices in paying for the use of the 14 14 devices. The amount of the monthly ignition interlock user fee 14 15 shall be set by the DOT so that the moneys in the IIIUF are 14 16 sufficient to assist all indigent users of ignition interlock 14 17 devices in paying for the use of the devices. 14 18 Under the bill, a person is indigent if the person has an 14 19 income level at or below 125 percent of the U.S. poverty level 14 20 and the person is unable to pay for the cost of an ignition 14 21 interlock device. A person is also indigent if the person has 14 22 an income level greater than 125 percent, but at or below 200 14 23 percent, of the U.S. poverty level and paying for the ignition 14 24 interlock device would cause the person substantial hardship. 14 25 The bill provides for county sobriety monitoring pilot 14 26 programs. The bill allows the department of public health 14 27 (DPH), in collaboration with the department of corrections, 14 28 the department of public safety, and the DOT, to approve 14 29 applications from counties for countywide sobriety monitoring 14 30 pilot programs. The programs are to be available 24 hours per 14 31 day, seven days per week, in an effort to reduce the number 14 32 of crimes related to OWI. One application shall be approved 14 33 for a county with a population of 200,000 people or more, one 14 34 application shall be approved for a county with a population of 14 35 100,000 people or more but less than 200,000 people, and one 15 1 application shall be approved for a county with a population of 15 2 less than 100,000 people. 15 3 The programs shall require individuals charged with or 15 4 convicted of OWI to abstain from all chemical substances for 15 5 a period of time. The programs are to require testing to 15 6 determine whether a chemical substance is present at least 15 7 twice per day at a central location where an immediate sanction 15 8 can be applied or, where such testing is impractical, by 15 9 continuous transdermal or electronic monitoring. The programs 15 10 shall also apply sanctions when test results definitively 15 11 indicate the presence of a chemical substance. The programs 15 12 shall require participants to pay program costs and to install 15 13 an ignition interlock device. 15 14 A court in a county that has established a pilot program 15 15 may order a defendant, as a condition of pretrial release, 15 16 probation, or bond, to participate in the program. Approved 15 17 pilot programs shall begin January 15, 2017, or upon the 15 18 effective date of DPH rules, whichever is earlier, and shall 15 19 be conducted for a minimum of one year. The DPH is to adopt 15 20 rules to implement the programs, including but not limited to 15 21 provisions relating to applications for, approval of, costs of, 15 22 and oversight of the pilot programs and reporting requirements 15 23 for participating counties. The DPH is directed to submit 15 24 a report on the results of the pilot programs and make 15 25 recommendations to the general assembly by December 15, 2018. LSB 5163YH (4) 86 ns/nh
