Bill Text: IA HF505 | 2017-2018 | 87th 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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-02 - Introduced, referred to Judiciary. H.J. 501. [HF505 Detail]
Download: Iowa-2017-HF505-Introduced.html
House File 505 - Introduced HOUSE FILE BY BROWN=POWERS A BILL FOR 1 An Act requiring a distinguishing mark on driver's licenses 2 issued to persons convicted of a third or subsequent offense 3 of operating while intoxicated. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2112YH (4) 87 ns/rh/nh PAG LIN 1 1 Section 1. Section 321.189, subsection 2, Code 2017, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. 0d. Subject to the requirements of section 1 4 321J.26, if the licensee has been convicted of a third or 1 5 subsequent offense of operating while intoxicated in violation 1 6 of section 321J.2, a distinguishing mark created by the 1 7 department shall appear on the back of the licensee's driver's 1 8 license. 1 9 Sec. 2. NEW SECTION. 321J.26 Certain licenses conditioned 1 10 on abstinence. 1 11 1. Notwithstanding any other provision of law to the 1 12 contrary, an application for a temporary restricted license or 1 13 driver's license by a person convicted of a third or subsequent 1 14 offense of operating while intoxicated in violation of section 1 15 321J.2 shall be accompanied by a statement signed by the person 1 16 that the person will abstain from consuming alcoholic beverages 1 17 in public and from possessing or using controlled substances. 1 18 The person's temporary restricted license or driver's license 1 19 shall contain a distinguishing mark pursuant to section 1 20 321.189, subsection 2, paragraph "0d". The person's pledge to 1 21 abstain from consuming alcoholic beverages in public and from 1 22 possessing or using controlled substances shall be a condition 1 23 of the issuance and validity of the person's temporary 1 24 restricted license or driver's license. The department shall 1 25 revoke the person's temporary restricted license or driver's 1 26 license if the department has reasonable grounds to believe 1 27 the person has consumed an alcoholic beverage in public or 1 28 possessed or used a controlled substance, whether or not 1 29 the circumstances surrounding the consumption or possession 1 30 involved the operation of a motor vehicle. 1 31 2. Upon proper application by a person with a valid driver's 1 32 license issued with a distinguishing mark pursuant to section 1 33 321.189, subsection 2, paragraph "0d", who has not consumed an 1 34 alcoholic beverage in public or possessed or used a controlled 1 35 substance within the five=year period immediately preceding 2 1 the submission of the application, and whose driving record 2 2 does not contain any violations of section 321J.2 within the 2 3 five=year period immediately preceding the submission of the 2 4 application, the department shall obtain and destroy the 2 5 person's license and issue to the person a duplicate driver's 2 6 license without the distinguishing mark required by section 2 7 321.189, subsection 2, paragraph "0d". 2 8 3. The department may adopt rules to administer this 2 9 section. 2 10 EXPLANATION 2 11 The inclusion of this explanation does not constitute agreement with 2 12 the explanation's substance by the members of the general assembly. 2 13 This bill requires an application for a temporary restricted 2 14 license or driver's license by a person convicted of a third 2 15 or subsequent offense of operating while intoxicated to be 2 16 accompanied by a statement signed by the person that the 2 17 person will abstain from consuming alcoholic beverages in 2 18 public and from possessing or using controlled substances. 2 19 The bill requires the person's temporary restricted license 2 20 or driver's license to contain a distinguishing mark on the 2 21 back of the license. The bill provides that the person's 2 22 pledge to abstain from consuming alcoholic beverages in 2 23 public and from possessing or using controlled substances 2 24 is a condition of the issuance and validity of a temporary 2 25 restricted license or driver's license. The bill requires 2 26 the department of transportation (DOT) to revoke the person's 2 27 temporary restricted license or driver's license if the DOT 2 28 has reasonable grounds to believe the person has consumed an 2 29 alcoholic beverage in public or possessed or used a controlled 2 30 substance, whether or not the circumstances surrounding the 2 31 consumption or possession involved the operation of a motor 2 32 vehicle. Under current law, Code section 321J.14 permits 2 33 judicial review of DOT actions in accordance with Code chapter 2 34 17A. 2 35 The bill further provides that upon proper application 3 1 by a person with a valid driver's license issued with the 3 2 distinguishing mark, who has not consumed an alcoholic beverage 3 3 in public or possessed or used a controlled substance within 3 4 the five=year period immediately preceding the submission 3 5 of the application, and whose driving record contains no 3 6 operating=while=intoxicated violations within the five=year 3 7 period immediately preceding the submission of the application, 3 8 the DOT shall obtain and destroy the person's license and issue 3 9 to the person a duplicate driver's license without the required 3 10 distinguishing mark. LSB 2112YH (4) 87 ns/rh/nh
