Bill Text: IA HSB78 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill relating to matters under the purview of the department of transportation, including the use of information contained in electronic driver and nonoperator identification records, grounds for disqualification of commercial vehicle operators, provisions for the issuance of temporary restricted licenses for persons convicted of operating while intoxicated, registration fees for electric vehicles, and the administration of highway contracts, and including applicability date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-03-05 - Voted - Transportation. [HSB78 Detail]
Download: Iowa-2013-HSB78-Introduced.html
House
Study
Bill
78
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
1
department
of
transportation,
including
the
use
of
2
information
contained
in
electronic
driver
and
nonoperator
3
identification
records,
grounds
for
disqualification
of
4
commercial
vehicle
operators,
provisions
for
the
issuance
5
of
temporary
restricted
licenses
for
persons
convicted
of
6
operating
while
intoxicated,
registration
fees
for
electric
7
vehicles,
and
the
administration
of
highway
contracts,
and
8
including
applicability
date
provisions.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
TLSB
1298DP
(6)
85
dea/nh
S.F.
_____
H.F.
_____
Section
1.
Section
22.7,
Code
2013,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
65.
Personal
information
contained
on
3
electronic
driver’s
license
or
nonoperator’s
identification
4
card
records
that
is
provided
by
the
licensee
or
card
holder
to
5
the
department
of
transportation
for
use
by
law
enforcement,
6
first
responders,
emergency
medical
service
providers,
and
7
other
medical
personnel
responding
to
or
assisting
with
an
8
emergency.
9
Sec.
2.
Section
321.208,
subsection
6,
unnumbered
paragraph
10
1,
Code
2013,
is
amended
to
read
as
follows:
11
A
person
is
disqualified
from
operating
a
commercial
motor
12
vehicle
if
the
person
receives
convictions
for
committing
13
within
any
three-year
period
two
or
more
of
the
following
14
offenses
while
operating
a
commercial
motor
vehicle
,
or
15
while
operating
a
noncommercial
motor
vehicle
and
holding
16
a
commercial
driver’s
license
if
the
convictions
result
in
17
the
revocation,
cancellation,
or
suspension
of
the
person’s
18
commercial
driver’s
license
or
noncommercial
motor
vehicle
19
driving
privileges:
20
Sec.
3.
Section
321.208,
subsection
6,
Code
2013,
is
amended
21
by
adding
the
following
new
paragraphs:
22
NEW
PARAGRAPH
.
i.
Violating
a
state
or
local
law
or
23
ordinance
on
motor
vehicle
traffic
control
prohibiting
texting
24
while
driving
a
commercial
motor
vehicle.
25
NEW
PARAGRAPH
.
j.
Violating
a
state
or
local
law
or
26
ordinance
on
motor
vehicle
traffic
control
restricting
or
27
prohibiting
the
use
of
a
hand-held
mobile
telephone
while
28
driving
a
commercial
motor
vehicle.
29
Sec.
4.
Section
321J.17,
subsections
1
and
3,
Code
2013,
are
30
amended
to
read
as
follows:
31
1.
If
the
department
revokes
a
person’s
driver’s
license
32
or
nonresident
operating
privilege
under
this
chapter
,
the
33
department
shall
assess
the
person
a
civil
penalty
of
two
34
hundred
dollars.
The
money
collected
by
the
department
under
35
-1-
LSB
1298DP
(6)
85
dea/nh
1/
7
S.F.
_____
H.F.
_____
this
section
shall
be
transmitted
to
the
treasurer
of
state
1
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
2
established
in
section
915.94
and
one-half
of
the
money
in
the
3
general
fund
of
the
state.
A
temporary
restricted
license
4
shall
not
be
issued
unless
an
ignition
interlock
device
has
5
been
installed
pursuant
to
section
321J.4
.
A
driver’s
license
6
or
nonresident
operating
privilege
shall
not
be
reinstated
7
unless
proof
of
deinstallation
of
an
ignition
interlock
device
8
installed
pursuant
to
section
321J.4
has
been
submitted
to
9
the
department.
Except
as
provided
in
section
321.210B
,
a
10
temporary
restricted
license
shall
not
be
issued
or
a
driver’s
11
license
or
nonresident
operating
privilege
reinstated
until
12
the
civil
penalty
has
been
paid.
A
person
assessed
a
penalty
13
under
this
section
may
remit
the
civil
penalty
along
with
a
14
processing
fee
of
five
dollars
to
a
county
treasurer
authorized
15
to
issue
driver’s
licenses
under
chapter
321M
,
or
the
civil
16
penalty
may
be
paid
directly
to
the
department.
17
3.
The
department
shall
also
require
certification
of
18
installation
of
an
ignition
interlock
device
of
a
type
approved
19
by
the
commissioner
of
public
safety
on
all
motor
vehicles
20
owned
or
operated
by
any
person
seeking
reinstatement
following
21
a
second
or
subsequent
revocation
under
section
321J.4
,
321J.9
,
22
or
321J.12
,
unless
such
a
person
has
previously
received
a
23
temporary
restricted
license
during
the
term
of
the
revocation
24
as
authorized
by
this
chapter
.
The
requirement
for
the
25
installation
of
an
approved
ignition
interlock
device
shall
be
26
for
one
year
from
the
date
of
reinstatement
unless
a
different
27
longer
time
period
is
required
by
statute.
The
one-year
28
period
a
person
is
required
to
maintain
an
ignition
interlock
29
device
under
this
subsection
shall
be
reduced
by
any
period
30
of
time
the
person
held
a
valid
temporary
restricted
license
31
during
the
revocation
for
the
occurrence
from
which
the
arrest
32
arose.
The
person
shall
not
operate
any
motor
vehicle
which
33
is
not
equipped
with
an
approved
ignition
interlock
device
34
during
the
period
in
which
an
ignition
interlock
device
must
be
35
-2-
LSB
1298DP
(6)
85
dea/nh
2/
7
S.F.
_____
H.F.
_____
maintained,
and
the
department
shall
not
grant
reinstatement
1
unless
the
person
certifies
installation
of
an
ignition
2
interlock
device
as
required
in
this
subsection.
3
Sec.
5.
Section
321J.20,
subsection
1,
paragraph
d,
Code
4
2013,
is
amended
to
read
as
follows:
5
d.
Following
the
applicable
minimum
period
of
ineligibility,
6
a
temporary
restricted
license
under
this
subsection
shall
7
not
be
issued
until
the
applicant
installs
an
ignition
8
interlock
device
of
a
type
approved
by
the
commissioner
of
9
public
safety
on
all
motor
vehicles
owned
or
operated
by
the
10
applicant
in
accordance
with
section
321J.2
,
321J.4
,
321J.9
,
11
or
321J.12
.
Installation
of
an
ignition
interlock
device
12
under
this
subsection
shall
be
required
for
the
period
of
time
13
for
which
the
temporary
restricted
license
is
issued
and
for
14
such
additional
period
of
time
following
reinstatement
as
is
15
required
under
section
321J.17,
subsection
3
.
16
Sec.
6.
Section
321J.20,
subsection
2,
Code
2013,
is
amended
17
to
read
as
follows:
18
2.
a.
Notwithstanding
section
321.560
,
the
department
may,
19
on
application,
and
upon
the
expiration
of
the
minimum
period
20
of
ineligibility
for
a
temporary
restricted
license
provided
21
for
under
section
321.560
,
321J.4
,
321J.9
,
or
321J.12
,
issue
a
22
temporary
restricted
license
to
a
person
whose
noncommercial
23
driver’s
license
has
either
been
revoked
under
this
chapter
,
or
24
revoked
or
suspended
under
chapter
321
solely
for
violations
25
of
this
chapter
,
or
who
has
been
determined
to
be
a
habitual
26
offender
under
chapter
321
based
solely
on
violations
of
this
27
chapter
or
on
violations
listed
in
section
321.560,
subsection
28
1
,
paragraph
“b”
,
and
who
is
not
eligible
for
a
temporary
29
restricted
license
under
subsection
1
.
However,
the
department
30
may
not
issue
a
temporary
restricted
license
under
this
31
subsection
for
a
violation
of
section
321J.2A
or
to
a
person
32
under
the
age
of
twenty-one
whose
license
is
revoked
under
33
section
321J.4
,
321J.9
,
or
321J.12
.
A
temporary
restricted
34
license
issued
under
this
subsection
may
allow
the
person
to
35
-3-
LSB
1298DP
(6)
85
dea/nh
3/
7
S.F.
_____
H.F.
_____
drive
to
and
from
the
person’s
home
and
specified
places
at
1
specified
times
which
can
be
verified
by
the
department
and
2
which
are
required
by
the
person’s
full-time
or
part-time
3
employment
,
;
continuing
education
while
enrolled
in
an
4
educational
institution
on
a
part-time
or
full-time
basis
and
5
while
pursuing
a
course
of
study
leading
to
a
diploma,
degree,
6
or
other
certification
of
successful
educational
completion
,
;
7
or
substance
abuse
treatment.
8
b.
Notwithstanding
paragraph
“a”
,
a
temporary
restricted
9
license
issued
to
a
person
whose
noncommercial
driver’s
license
10
has
been
revoked
under
section
321J.4,
subsection
2
,
section
11
321J.9,
subsection
1
,
paragraph
“b”
,
or
section
321J.12,
12
subsection
1
,
paragraph
“b”
,
shall
provide
for
but
not
exceed
13
the
uses
permitted
by
23
U.S.C.
§
164
.
This
restriction
14
applies
only
during
the
first
three
hundred
sixty-five
days
of
15
the
person’s
revocation.
16
c.
b.
A
temporary
restricted
license
issued
under
this
17
subsection
shall
be
conditioned
upon
the
installation
of
not
18
be
issued
until
the
applicant
installs
an
approved
ignition
19
interlock
device
on
all
motor
vehicles
owned
or
operated
by
20
the
person
applicant
.
Installation
of
an
ignition
interlock
21
device
under
this
subsection
shall
be
required
for
the
period
22
of
time
for
which
the
temporary
restricted
license
is
issued,
23
and
for
such
additional
period
of
time
following
reinstatement
24
as
is
required
under
section
321J.17,
subsection
3.
However,
25
a
person
whose
driver’s
license
or
nonresident
operating
26
privilege
has
been
revoked
under
section
321J.21
may
apply
to
27
the
department
for
a
temporary
restricted
license
without
the
28
requirement
of
an
ignition
interlock
device
if
at
least
twelve
29
years
have
elapsed
since
the
end
of
the
underlying
revocation
30
period
for
a
violation
of
section
321J.2
.
31
Sec.
7.
Section
321M.9,
subsection
4,
Code
2013,
is
amended
32
by
striking
the
subsection.
33
Sec.
8.
REPEAL.
Section
321.116,
Code
2013,
is
repealed.
34
Sec.
9.
REPEAL.
1984
Iowa
Acts,
chapter
1229,
section
2,
35
-4-
LSB
1298DP
(6)
85
dea/nh
4/
7
S.F.
_____
H.F.
_____
is
repealed.
1
Sec.
10.
APPLICABILITY.
The
section
of
this
Act
that
2
repeals
section
321.116
applies
for
registration
years
3
beginning
on
or
after
January
1,
2014.
4
EXPLANATION
5
This
bill
contains
provisions
relating
to
a
variety
of
6
matters
administered
by
the
department
of
transportation.
7
The
bill
amends
Code
section
22.7
to
provide
that
personal
8
information
contained
on
electronic
driver’s
license
or
9
nonoperator’s
identification
card
records
that
is
provided
by
10
the
licensee
or
card
holder
for
use
by
certain
law
enforcement
11
and
medical
personnel
responding
to
or
assisting
with
an
12
emergency
constitutes
a
confidential
record.
13
Under
current
law,
a
person
is
disqualified
from
operating
14
a
commercial
motor
vehicle
if
the
person
has
two
or
more
15
convictions
within
a
three-year
period
for
certain
specified
16
offenses
committed
while
operating
a
commercial
motor
vehicle,
17
or
committed
while
operating
a
noncommercial
motor
vehicle
and
18
holding
a
commercial
driver’s
license
if
the
convictions
result
19
in
a
sanction
of
the
person’s
driving
privileges.
Code
section
20
321.208
is
amended
to
add
texting
and
using
a
hand-held
mobile
21
telephone
in
violation
of
a
state
or
local
law
while
operating
22
a
commercial
motor
vehicle
to
that
list
of
specified
offenses.
23
Under
current
law,
a
person
whose
driver’s
license
is
24
revoked
upon
conviction
of
a
second
offense
of
operating
while
25
intoxicated
may
apply
for
a
temporary
restricted
license
45
26
days
after
the
effective
date
of
revocation
if
the
person
27
submitted
to
chemical
testing,
and
90
days
after
revocation
28
if
the
person
refused
testing.
The
issuance
of
a
temporary
29
restricted
license
is
conditioned
upon
the
installation
of
30
an
ignition
interlock
device
on
all
motor
vehicles
owned
31
or
operated
by
the
person.
At
the
end
of
the
period
of
32
revocation,
an
ignition
interlock
device
is
required
for
a
33
period
of
one
year,
unless
a
different
period
is
required
34
by
statute;
however,
an
ignition
interlock
device
is
not
35
-5-
LSB
1298DP
(6)
85
dea/nh
5/
7
S.F.
_____
H.F.
_____
required
for
reinstatement
if
the
person
had
a
temporary
1
restricted
license
during
the
revocation
period.
The
bill
2
amends
Code
sections
321J.17
and
321J.20
to
provide
that
a
3
person
is
required
to
maintain
an
ignition
interlock
device
4
for
one
year
or
longer
following
reinstatement.
The
one-year
5
period
is
reduced
by
any
period
of
time
the
person
held
a
6
valid
temporary
restricted
license
during
the
revocation
7
for
the
occurrence
from
which
the
arrest
arose.
A
person
8
is
prohibited
from
operating
any
motor
vehicle
not
equipped
9
with
an
ignition
interlock
device
during
the
period
in
which
10
a
device
is
required
to
be
maintained,
and
a
person
must
11
certify
installation
of
an
ignition
interlock
device
before
12
the
department
can
grant
reinstatement.
The
bill
also
strikes
13
a
provision
in
current
law
that
ties
the
permissible
use
of
14
certain
temporary
restricted
licenses
to
uses
permitted
under
15
federal
law.
Finally,
the
bill
strikes
the
current
requirement
16
that
a
person
who
was
issued
a
temporary
restricted
license
17
must
submit
proof
of
deinstallation
of
an
ignition
interlock
18
device
as
a
condition
for
reinstatement
of
a
full
driver’s
19
license.
20
The
bill
strikes
a
provision
in
Code
section
321M.9
21
requiring
the
auditor
of
state
to
conduct
periodic
studies
of
22
the
county
driver’s
license
issuance
program.
23
Code
section
321.116,
which
establishes
an
annual
24
registration
fee
of
$25
for
electric
motor
vehicles,
is
25
repealed.
As
a
result,
electric
motor
vehicles
will
be
subject
26
to
registration
fees
based
on
the
weight
and
value
of
the
27
vehicle.
The
change
applies
for
registration
years
beginning
28
on
or
after
January
1,
2014.
29
The
bill
repeals
a
provision
in
1984
Acts,
chapter
1229,
30
that
linked
the
contingent
repeal
of
Code
section
314.14,
as
it
31
existed
at
that
time,
to
the
repeal
or
expiration
of
a
federal
32
statute
relating
to
set-aside
contracts
for
disadvantaged
33
business
enterprises.
Due
to
subsequent
substantive
amendments
34
to
the
Code
section,
the
contingent
repeal
provision
is
no
35
-6-
LSB
1298DP
(6)
85
dea/nh
6/
7