Bill Text: IA HF451 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act requiring a distinguishing mark on driver's licenses issued to persons convicted of a third or subsequent offense of operating while intoxicated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-09 - Introduced, referred to Transportation. H.J. 328. [HF451 Detail]
Download: Iowa-2021-HF451-Introduced.html
House
File
451
-
Introduced
HOUSE
FILE
451
BY
BROWN-POWERS
A
BILL
FOR
An
Act
requiring
a
distinguishing
mark
on
driver’s
licenses
1
issued
to
persons
convicted
of
a
third
or
subsequent
offense
2
of
operating
while
intoxicated.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.189,
subsection
2,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0d.
Subject
to
the
requirements
of
section
3
321J.26,
if
the
licensee
has
been
convicted
of
a
third
or
4
subsequent
offense
of
operating
while
intoxicated
in
violation
5
of
section
321J.2,
a
distinguishing
mark
designed
by
the
6
department
shall
appear
on
the
back
of
the
licensee’s
driver’s
7
license.
8
Sec.
2.
NEW
SECTION
.
321J.26
Certain
licenses
conditioned
9
on
abstinence.
10
1.
Notwithstanding
section
321.177,
subsection
4,
or
11
any
other
provision
of
law
to
the
contrary,
an
application
12
for
a
temporary
restricted
license
or
driver’s
license
by
a
13
person
convicted
of
a
third
or
subsequent
offense
of
operating
14
while
intoxicated
in
violation
of
section
321J.2
shall
be
15
accompanied
by
a
statement
signed
by
the
person
that
the
person
16
will
abstain
from
consuming
alcoholic
beverages
in
public
and
17
from
possessing
or
using
controlled
substances.
The
person’s
18
temporary
restricted
license
or
driver’s
license
shall
contain
19
a
distinguishing
mark
pursuant
to
section
321.189,
subsection
20
2,
paragraph
“0d”
.
The
person’s
pledge
to
abstain
from
21
consuming
alcoholic
beverages
in
public
and
from
possessing
22
or
using
controlled
substances
shall
be
a
condition
of
the
23
issuance
and
validity
of
the
person’s
temporary
restricted
24
license
or
driver’s
license.
The
department
shall
revoke
the
25
person’s
temporary
restricted
license
or
driver’s
license
if
26
the
department
has
reasonable
grounds
to
believe
the
person
27
consumed
an
alcoholic
beverage
in
public
or
possessed
or
used
a
28
controlled
substance
after
issuance
of
the
license,
whether
or
29
not
the
circumstances
surrounding
the
consumption
or
possession
30
involved
the
operation
of
a
motor
vehicle.
31
2.
Upon
proper
application
and
receipt
of
a
valid
driver’s
32
license
issued
with
a
distinguishing
mark
pursuant
to
section
33
321.189,
subsection
2,
paragraph
“0d”
,
by
a
person
who
has
not
34
consumed
an
alcoholic
beverage
in
public
or
possessed
or
used
a
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controlled
substance
within
the
five-year
period
immediately
1
preceding
the
submission
of
the
application,
and
whose
driving
2
record
does
not
contain
any
violations
of
section
321J.2
within
3
the
five-year
period
immediately
preceding
the
submission
of
4
the
application,
the
department
shall
destroy
the
person’s
5
license
and
issue
to
the
person
a
duplicate
driver’s
license
6
without
the
distinguishing
mark
required
by
section
321.189,
7
subsection
2,
paragraph
“0d”
.
8
3.
The
department
may
adopt
rules
to
administer
this
9
section.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
requires
an
application
for
a
temporary
restricted
14
license
or
driver’s
license
by
a
person
convicted
of
a
third
15
or
subsequent
offense
of
operating
while
intoxicated
to
be
16
accompanied
by
a
statement
signed
by
the
person
that
the
17
person
will
abstain
from
consuming
alcoholic
beverages
in
18
public
and
from
possessing
or
using
controlled
substances.
19
The
bill
requires
the
person’s
temporary
restricted
license
20
or
driver’s
license
to
contain
a
distinguishing
mark
on
the
21
back
of
the
license.
The
bill
provides
that
the
person’s
22
pledge
to
abstain
from
consuming
alcoholic
beverages
in
23
public
and
from
possessing
or
using
controlled
substances
24
is
a
condition
of
the
issuance
and
validity
of
a
temporary
25
restricted
license
or
driver’s
license.
The
bill
requires
26
the
department
of
transportation
(DOT)
to
revoke
the
person’s
27
temporary
restricted
license
or
driver’s
license
if
the
DOT
28
has
reasonable
grounds
to
believe
the
person
has
consumed
an
29
alcoholic
beverage
in
public
or
possessed
or
used
a
controlled
30
substance
after
issuance
of
the
license,
whether
or
not
31
the
circumstances
surrounding
the
consumption
or
possession
32
involved
the
operation
of
a
motor
vehicle.
Under
current
law,
33
Code
section
321J.14
permits
judicial
review
of
DOT
actions
in
34
accordance
with
Code
chapter
17A.
35
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The
bill
further
provides
that
upon
proper
application
1
and
receipt
of
a
valid
driver’s
license
issued
with
the
2
distinguishing
mark
by
a
person
who
has
not
consumed
an
3
alcoholic
beverage
in
public
or
possessed
or
used
a
controlled
4
substance
within
the
five-year
period
immediately
preceding
5
the
submission
of
the
application,
and
whose
driving
record
6
contains
no
operating-while-intoxicated
violations
within
the
7
five-year
period
immediately
preceding
the
submission
of
the
8
application,
the
DOT
shall
destroy
the
person’s
license
and
9
issue
to
the
person
a
duplicate
driver’s
license
without
the
10
required
distinguishing
mark.
11
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