Bill Text: IA HF362 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to operating while intoxicated offenders and persons involved in the sale of alcoholic beverages, including the establishment of a statewide sobriety and drug monitoring program, establishing fees, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Subcommittee: Salmon, Breckenridge and Sheets. H.J. 428. [HF362 Detail]
Download: Iowa-2017-HF362-Introduced.html
House File 362 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to operating while intoxicated offenders 2 and persons involved in the sale of alcoholic beverages, 3 including the establishment of a statewide sobriety and 4 drug monitoring program, establishing fees, and providing 5 penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1244YH (7) 87 ns/rh PAG LIN 1 1 DIVISION I 1 2 STATEWIDE SOBRIETY AND DRUG MONITORING PROGRAM 1 3 Section 1. LEGISLATIVE FINDINGS ==== PURPOSE. 1 4 1. The general assembly finds that operating a motor vehicle 1 5 in this state is a privilege, not a right. A person who wishes 1 6 to enjoy the benefits of this privilege shall accept the 1 7 corresponding responsibilities. 1 8 2. The general assembly declares that the purpose of this 1 9 division of this Act is to do all of the following: 1 10 a. Protect the public health and welfare by reducing the 1 11 number of people on the highways of this state who operate a 1 12 motor vehicle under the influence of alcohol or a controlled 1 13 substance. 1 14 b. Protect the public health and welfare by reducing the 1 15 number of offenders who commit crimes in which the abuse of 1 16 alcohol or a controlled substance is a contributing factor in 1 17 the commission of the crime. 1 18 c. Strengthen the pretrial and post=trial options available 1 19 to prosecutors and judges in responding to offenders who commit 1 20 crimes in which the abuse of alcohol or a controlled substance 1 21 is a contributing factor in the commission of the crime. 1 22 d. Assure the timely and sober participation of offenders 1 23 in judicial proceedings. 1 24 3. The general assembly declares that it is important to 1 25 have a centralized repository for all information related to 1 26 alcohol and controlled substance testing required by the laws 1 27 of this state or as a condition of bond, pretrial release, 1 28 sentence, probation, parole, or a temporary restricted license. 1 29 Sec. 2. NEW SECTION. 901D.1 Short title. 1 30 This chapter shall be known and may be cited as the "Iowa 1 31 Sobriety and Drug Monitoring Program Act". 1 32 Sec. 3. NEW SECTION. 901D.2 Definitions. 1 33 As used in this chapter, unless the context otherwise 1 34 requires: 1 35 1. "Alcohol" means an alcoholic beverage as defined in 2 1 section 321J.1. 2 2 2. "Controlled substance" means as defined in section 2 3 124.101. 2 4 3. "Department" means the department of public safety. 2 5 4. "Eligible offense" means a criminal offense in which the 2 6 abuse of alcohol or a controlled substance was a contributing 2 7 factor in the commission of the offense, as determined by the 2 8 court or governmental entity of the participating jurisdiction. 2 9 "Eligible offense" includes but is not limited to a first or 2 10 subsequent offense of operating while intoxicated in violation 2 11 of section 321J.2. 2 12 5. "Immediate sanction" means a sanction that is applied 2 13 within minutes of a failed test result. 2 14 6. "Law enforcement agency" means a law enforcement agency 2 15 charged with enforcement of the program created under this 2 16 chapter. 2 17 7. "Participating jurisdiction" means a county or other 2 18 governmental entity that chooses to participate in the program 2 19 created under this chapter. 2 20 8. "Sobriety and drug monitoring program" or "program" means 2 21 the program established pursuant to section 901D.3. 2 22 9. "Testing" means a procedure or set of procedures 2 23 performed to determine the presence of alcohol or a controlled 2 24 substance in a person's breath or bodily fluid, including 2 25 blood, urine, saliva, and perspiration, and includes any 2 26 combination of breath testing, drug patch testing, urine 2 27 analysis testing, saliva testing, and continuous or transdermal 2 28 alcohol monitoring. Subject to section 901D.3, the department 2 29 may approve additional testing methodologies or the testing of 2 30 alternative bodily fluids. 2 31 10. "Timely sanction" means a sanction that is applied 2 32 within hours or days after a failed test result. A timely 2 33 sanction shall be applied as soon as possible, but the period 2 34 between the failed test result and the application of the 2 35 timely sanction shall not exceed five days. 3 1 Sec. 4. NEW SECTION. 901D.3 Program created. 3 2 1. The department of public safety shall establish a 3 3 statewide sobriety and drug monitoring program to be used 3 4 by participating jurisdictions, which shall be available 3 5 twenty=four hours per day, seven days per week. Pursuant to 3 6 the provisions of this chapter, a court or governmental entity, 3 7 or an authorized officer thereof, within a participating 3 8 jurisdiction may, as a condition of bond, pretrial release, 3 9 sentence, probation, parole, or a temporary restricted license, 3 10 do all of the following: 3 11 a. Require a person who has been charged with, pled guilty 3 12 to, or been convicted of an eligible offense to abstain from 3 13 alcohol and controlled substances for a period of time. 3 14 b. Require the person to be subject to testing to determine 3 15 whether alcohol or a controlled substance is present in the 3 16 person's body in the following manner: 3 17 (1) At least twice per day at a central location where an 3 18 immediate sanction can be effectively applied. 3 19 (2) Where testing under subparagraph (1) creates a 3 20 documented hardship or is geographically impractical, by an 3 21 alternative method approved by the department and consistent 3 22 with this section where a timely sanction can be effectively 3 23 applied. 3 24 2. a. A person who has been required to participate in the 3 25 program by a court or governmental entity and whose driver's 3 26 license is suspended or revoked shall not begin participation 3 27 in the program or be subject to the testing required by the 3 28 program until the person is eligible for a temporary restricted 3 29 license under applicable law. 3 30 b. In order to participate in the program, a person shall be 3 31 required to install an approved ignition interlock device on 3 32 all motor vehicles owned or operated by the person. 3 33 c. A person wishing to participate in the program who has 3 34 been charged with, pled guilty to, or been convicted of an 3 35 eligible offense, but has not been required by a court or 4 1 governmental entity to participate in the program, may apply 4 2 to the court or governmental entity of the participating 4 3 jurisdiction on a form created by the participating 4 4 jurisdiction, and the court or governmental entity may order 4 5 the person to participate in the program as a condition 4 6 of bond, pretrial release, sentence, probation, parole, 4 7 or a temporary restricted license. The application form 4 8 shall include an itemization of all costs associated with 4 9 participation in the program. 4 10 3. The program shall be evidence=based and shall satisfy at 4 11 least two of the following requirements: 4 12 a. The program is included in the United States substance 4 13 abuse and mental health services administration's national 4 14 registry of evidence=based programs and practices. 4 15 b. The program has been reported in a peer=reviewed journal 4 16 as having positive effects on the primary targeted outcome. 4 17 c. The program has been documented as effective by informed 4 18 experts and other sources. 4 19 4. a. The core components of the program shall include 4 20 the use of a primary testing methodology for determining the 4 21 presence of alcohol or a controlled substance in a person that 4 22 best facilitates the ability of a law enforcement agency to 4 23 apply immediate sanctions for failed test results and that is 4 24 available at an affordable cost. 4 25 b. In cases of documented hardship or geographic 4 26 impracticality, or in cases where a program participant 4 27 has received less stringent testing requirements, testing 4 28 methodologies that best facilitate the ability of a law 4 29 enforcement agency to apply timely sanctions for noncompliant 4 30 test results may be utilized. For purposes of this section, 4 31 hardship or geographic impracticality shall be determined by 4 32 documentation and consideration of the following factors: 4 33 (1) Whether a testing device is available. 4 34 (2) Whether the participant is capable of paying the fees 4 35 and costs associated with the testing device. 5 1 (3) Whether the participant is capable of wearing the 5 2 testing device. 5 3 (4) Whether the participant fails to qualify for testing 5 4 twice per day because of one or more of the following: 5 5 (a) The participant lives in a rural area and submitting to 5 6 testing twice per day would be unduly burdensome. 5 7 (b) The participant's employment requires the participant's 5 8 presence at a location remote from the testing location and 5 9 submitting to testing twice per day would be unduly burdensome. 5 10 (c) The participant has repeatedly violated the 5 11 requirements of the program while submitting to testing twice 5 12 per day and poses a substantial risk of continuing to violate 5 13 the requirements of the program. 5 14 5. A jurisdiction wishing to participate in the program 5 15 shall submit an application to the department. A jurisdiction 5 16 shall not participate in the program unless the jurisdiction's 5 17 application for participation has been approved by the 5 18 department. If a jurisdiction is approved for participation in 5 19 the program, the department shall assist the jurisdiction in 5 20 setting up and administering the program in that jurisdiction 5 21 in compliance with this chapter. 5 22 6. a. If a jurisdiction participates in the program, the 5 23 participating jurisdiction or a law enforcement agency of the 5 24 participating jurisdiction may designate a third party to 5 25 provide testing services or to take any other action required 5 26 or authorized to be provided by the participating jurisdiction 5 27 or law enforcement agency under this chapter, except a 5 28 third=party designee shall not determine whether to participate 5 29 in the program. 5 30 b. The participating jurisdiction, in consultation with the 5 31 law enforcement agency of the participating jurisdiction, shall 5 32 establish testing locations for the program. 5 33 7. Any efforts by the department to alter or modify a core 5 34 component of the program shall include a documented strategy 5 35 for achieving and measuring the effectiveness of the planned 6 1 alteration or modification. Before the department alters or 6 2 modifies a core component of the program, a pilot program 6 3 with defined objectives and timelines shall be initiated, and 6 4 measurements of the effectiveness and impact of the proposed 6 5 alteration or modification to a core component shall be 6 6 monitored. The data shall be assessed and the department 6 7 shall make a determination as to whether the stated goals of 6 8 the alteration or modification were achieved and whether the 6 9 alteration or modification should be formally implemented into 6 10 the program. 6 11 Sec. 5. NEW SECTION. 901D.4 Rulemaking ==== fees. 6 12 The department shall adopt rules pursuant to chapter 17A to 6 13 administer this chapter, including but not limited to rules 6 14 regarding any of the following: 6 15 1. Providing for the nature and manner of testing, including 6 16 the procedures and apparatus to be used for testing. 6 17 2. Establishing reasonable participant, enrollment, and 6 18 testing fees for the program, including fees to pay the costs 6 19 of installation, monitoring, and deactivation of any testing 6 20 device. The fees shall be set at an amount such that the fees 6 21 collected in a participating jurisdiction are sufficient to pay 6 22 for the costs of the program in the participating jurisdiction, 6 23 including all costs to the state associated with the program in 6 24 the participating jurisdiction. 6 25 3. Providing for the application, acceptance, and use of 6 26 public and private grants, gifts, and donations to support 6 27 program activities. 6 28 4. Establishing a process for the identification and 6 29 management of indigent participants. 6 30 5. Providing for the creation and administration of a 6 31 stakeholder group to review and recommend changes to the 6 32 program. 6 33 6. Establishing a process for the submission and approval of 6 34 applications from jurisdictions to participate in the program. 6 35 Sec. 6. NEW SECTION. 901D.5 Data management system. 7 1 1. The department shall provide for and approve the use 7 2 of a program data management system that shall be used by 7 3 the department and all participating jurisdictions to manage 7 4 testing, test events, test results, data access, fees, the 7 5 collection of fee payments, and the submission and collection 7 6 of any required reports. 7 7 2. The data management system shall include but is not 7 8 limited to all of the following features: 7 9 a. A secure, remotely hosted, demonstrated, internet=based 7 10 management application that allows multiple concurrent users to 7 11 access and input information. 7 12 b. The support of breath testing, continuous remote 7 13 transdermal alcohol monitoring, drug patch testing, and urine 7 14 analysis testing. 7 15 c. The capability to track and store events including 7 16 but not limited to participant enrollment, testing activity, 7 17 accounting activity, and participating law enforcement agency 7 18 activity. 7 19 d. The capability to generate reports of system fields and 7 20 data. The data management system shall allow reports to be 7 21 generated as needed and on a scheduled basis, and shall allow 7 22 reports to be exported over a network connection or by remote 7 23 printing. 7 24 e. The ability to identify program participants who have 7 25 previously been enrolled in a similar program in this state or 7 26 another state. 7 27 3. Unless otherwise required by federal law, all alcohol or 7 28 controlled substance testing performed as a condition of bond, 7 29 pretrial release, sentence, probation, parole, or a temporary 7 30 restricted license shall utilize and input results to the data 7 31 management system. 7 32 4. The data management system shall contain sufficient 7 33 security protocols to protect participants' personal 7 34 information from unauthorized use. 7 35 Sec. 7. NEW SECTION. 901D.6 Authority to order program 8 1 participation. 8 2 1. A court or governmental entity, or an authorized officer 8 3 thereof, in a participating jurisdiction may utilize the 8 4 program as provided in this section. The program shall be a 8 5 preferred program for offenders charged with or convicted of an 8 6 eligible offense. 8 7 2. If a person convicted of a first or subsequent offense of 8 8 operating while intoxicated has been required to participate 8 9 in the program, has financial liability coverage pursuant 8 10 to section 321.20B, and the minimum period of ineligibility 8 11 for issuance of a temporary restricted license has expired 8 12 pursuant to chapter 321J, the court may notify the department 8 13 of transportation that, as a participant in the program, the 8 14 person is eligible for a temporary restricted license pursuant 8 15 to section 321J.20. 8 16 3. A court may condition any bond or pretrial release 8 17 otherwise authorized by law for a person charged with an 8 18 eligible offense upon participation in the program and payment 8 19 of the fees established pursuant to section 901D.4. 8 20 4. A court may condition a suspended sentence or probation 8 21 otherwise authorized by law for a person convicted of an 8 22 eligible offense upon participation in the program and payment 8 23 of the fees established pursuant to section 901D.4. 8 24 5. The board of parole, the department of corrections, or 8 25 a parole officer may condition parole otherwise authorized 8 26 by law for a person convicted of an eligible offense upon 8 27 participation in the program and payment of the fees 8 28 established pursuant to section 901D.4. 8 29 Sec. 8. NEW SECTION. 901D.7 Placement and enrollment. 8 30 1. Subject to sections 901D.3 and 901D.6, a participant 8 31 may be placed in the program as a condition of bond, pretrial 8 32 release, sentence, probation, parole, or a temporary 8 33 restricted license. However, a person who has been required to 8 34 participate in the program by a court or governmental entity 8 35 and whose driver's license is suspended or revoked shall not 9 1 begin participation in the program or be subject to the testing 9 2 required by the program until the person is eligible for a 9 3 temporary restricted license under applicable law. 9 4 2. An order or directive placing a participant in the 9 5 program shall include the type of testing required to be 9 6 administered in the program and the length of time that the 9 7 participant is required to remain in the program. The person 9 8 issuing the order or directive shall send a copy of the order 9 9 or directive to the law enforcement agency of the participating 9 10 jurisdiction. 9 11 3. Upon receipt of a copy of an order or directive, 9 12 a representative of the law enforcement agency of the 9 13 participating jurisdiction shall enroll a participant in the 9 14 program prior to testing. 9 15 4. At the time of enrollment, a representative of the law 9 16 enforcement agency of the participating jurisdiction shall 9 17 enter the participant's information into the data management 9 18 system described in section 901D.5. The representative of 9 19 the agency shall provide the participant with the appropriate 9 20 materials required by the program, inform the participant that 9 21 the participant's information may be shared for law enforcement 9 22 and reporting purposes, and provide the participant with 9 23 information related to the required testing, procedures, and 9 24 fees. 9 25 5. The participant shall sign a form stating that the 9 26 participant understands the program requirements and releases 9 27 the participant's information for law enforcement and reporting 9 28 purposes. 9 29 6. A participant shall report to the program for testing for 9 30 the length of time ordered by the court, the board of parole, 9 31 the department of corrections, or a parole officer. 9 32 Sec. 9. NEW SECTION. 901D.8 Collection, distribution, and 9 33 use of fees. 9 34 1. The law enforcement agency of a participating 9 35 jurisdiction shall do all of the following: 10 1 a. Establish and maintain a sobriety program account. 10 2 b. Collect the participant, enrollment, and testing fees 10 3 established pursuant to section 901D.4 and deposit the fees 10 4 and any other funds received for the program into the sobriety 10 5 program account for administration of the program. 10 6 2. A participant shall pay all fees directly to the law 10 7 enforcement agency of the participating jurisdiction. 10 8 3. a. The law enforcement agency shall distribute a 10 9 portion of the fees to any participating third=party designee 10 10 in accordance with the agreement between the agency and the 10 11 third=party designee. 10 12 b. The remainder of the fees collected shall be deposited in 10 13 the sobriety program account, and shall be used only for the 10 14 purposes of administering and operating the program. 10 15 Sec. 10. NEW SECTION. 901D.9 Noncompliance. 10 16 1. An allegation that a participant failed a test, refused 10 17 to submit to a test, or failed to appear for testing shall 10 18 be communicated ex parte by the participating jurisdiction, 10 19 a law enforcement agency of the participating jurisdiction, 10 20 or the participating jurisdiction's third=party designee to a 10 21 magistrate as soon as practicable. A magistrate who receives 10 22 such a communication may order the participant's immediate 10 23 incarceration pending a hearing on the allegation but lasting 10 24 no longer than twenty=four hours after the issuance of the 10 25 order, or if the participant failed to appear for testing as 10 26 scheduled, the magistrate may issue a warrant for the arrest of 10 27 the participant for a violation of the terms of bond, pretrial 10 28 release, sentence, probation, or parole, as applicable. 10 29 2. The magistrate may notify the department of 10 30 transportation of the participant's noncompliance and direct 10 31 the department to withdraw any temporary restricted license 10 32 issued to the participant and reinstate the remainder of any 10 33 applicable license suspension or revocation period provided by 10 34 law. 10 35 Sec. 11. NEW SECTION. 901D.10 Report. 11 1 The department, in consultation with the judicial branch 11 2 and the department of transportation, shall by December 1, 11 3 2021, submit a report to the general assembly detailing the 11 4 effectiveness of the program established pursuant to this 11 5 chapter and shall make recommendations concerning the continued 11 6 implementation of the program or the elimination of the 11 7 program. 11 8 DIVISION II 11 9 OPERATING WHILE INTOXICATED 11 10 Sec. 12. Section 321.12, subsection 4, Code 2017, is amended 11 11 to read as follows: 11 12 4. The director shall not destroy any operating records 11 13 pertaining to arrests or convictions for operating while 11 14 intoxicated,in violation of section 321J.2, or operating 11 15 records pertaining to revocations for violations of section 11 16 321J.2A, except that a conviction or revocation under section 11 17 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 11 18 shall be deleted from the operating recordstwelvetwenty=five 11 19 years after the date of conviction or the effective date of 11 20 revocation. Convictions or revocations that are retained in 11 21 the operating records for more thantwelvetwenty=five years 11 22 under this subsection shall be considered only for purposes of 11 23 disqualification actions under 49 C.F.R. pt. 383. 11 24 Sec. 13. Section 321.189, subsection 2, Code 2017, is 11 25 amended by adding the following new paragraph: 11 26 NEW PARAGRAPH. 0c. If the licensee's operating record 11 27 indicates a conviction or revocation for a violation of section 11 28 321J.2 or 321J.2A, the driver's license shall contain an 11 29 operating=while=intoxicated emblem designed by the department 11 30 that shall appear prominently on the back of the license. 11 31 Sec. 14. Section 321.210D, Code 2017, is amended to read as 11 32 follows: 11 33 321.210D Vehicular homicide or serious injury suspension 11 34 ==== termination upon revocation of license ==== reopening of 11 35 suspension. 12 1 1. If a trial information or indictment is filed charging a 12 2 person with the offense of homicide by vehicle under section 12 3 707.6A, subsection 1 or 2, or with an offense under section 12 4 707.6A, subsection 4, paragraph "a", the clerk of the district 12 5 court shall, upon the filing of the information or indictment, 12 6 forward notice to the department including the name and address 12 7 of the party charged, the registration number of the vehicle 12 8 involved, if known, the nature of the offense, and the date of 12 9 the filing of the indictment or information. 12 10 2. Upon receiving notice from the clerk of the district 12 11 court that an indictment or information has been filed 12 12 charging an operator withhomicide by vehicle under section 12 13 707.6A, subsection 1 or 2an offense listed in subsection 12 14 1, the department shall notify the person that the person's 12 15 driver's license will be suspended effective ten days from 12 16 the date of issuance of the notice. The department shall 12 17 adopt rules relating to the suspension of the license of an 12 18 operator pursuant to this section which shall include, but are 12 19 not limited to, procedures for the surrender of the person's 12 20 license to the department upon the effective date of the 12 21 suspension. 12 22 3. If a person whose driver's license has been suspended 12 23 pursuant to this section is not convicted of the charge of 12 24 homicide or serious injury by vehicle under section 707.6A, 12 25 subsection 1 or 2, upon record entry of disposition of the 12 26 charge, the clerk of the district court shall forward a notice 12 27 including the name and address of the party charged, the 12 28 registration number of the vehicle involved, the nature of the 12 29 offense charged by indictment or information, the date of the 12 30 filing of the indictment or information, and of the disposition 12 31 of the charge to the department. Upon receipt of the notice 12 32 from the clerk, the department shall automatically rescind the 12 33 suspension and reinstate the person's driver's license without 12 34 payment of any charge or penalty. 12 35 4. Upon receiving a record of conviction under section 13 1 321.206, for a violation of section 707.6A, subsection 1 or 13 2 2, or section 707.6A, subsection 4, paragraph "a", and upon 13 3 revocation of the person's license or operating privileges 13 4 under section 321.209, the suspension under subsection 2 shall 13 5 automatically terminate in favor of the revocation. 13 6 Sec. 15. Section 321J.2, subsection 3, paragraph d, Code 13 7 2017, is amended to read as follows: 13 8 d. Revocation of the person's driver's license for a 13 9 minimum period of onehundred eighty daysyear up to a maximum 13 10 revocation period ofone yeartwo years, pursuant to section 13 11 321J.4, subsection 1, section 321J.9, or section 321J.12, 13 12 subsection 2.If a revocation occurs due to test refusal 13 13 under section 321J.9, the defendant shall be ineligible for a 13 14 temporary restricted license for a minimum period of ninety 13 15 days.13 16(1) A defendant whose alcohol concentration is .08 or more 13 17 but not more than .10 shall not be eligible for any temporary 13 18 restricted license for at least thirty days if a test was 13 19 obtained and an accident resulting in personal injury or 13 20 property damage occurred. The department shall require the 13 21 defendant to install an ignition interlock device of a type 13 22 approved by the commissioner of public safety on all vehicles 13 23 owned or operated by the defendant if the defendant seeks a 13 24 temporary restricted license. There shall be no such period of 13 25 ineligibility if no such accident occurred, and the defendant 13 26 shall not be required to install an ignition interlock device.13 27(2) A defendant whose alcohol concentration is more than .10 13 28 shall not be eligible for any temporary restricted license for 13 29 at least thirty days if a test was obtained, and an accident 13 30 resulting in personal injury or property damage occurred or the 13 31 defendant's alcohol concentration exceeded .15. There shall be 13 32 no such period of ineligibility if no such accident occurred 13 33 and the defendant's alcohol concentration did not exceed .15. 13 34 In either case, where a defendant's alcohol concentration is 13 35 more than .10, the department shall require the defendant to 14 1 install an ignition interlock device of a type approved by the 14 2 commissioner of public safety on all vehicles owned or operated 14 3 by the defendant if the defendant seeks a temporary restricted 14 4 license.14 5 Sec. 16. Section 321J.2, subsection 4, paragraph c, Code 14 6 2017, is amended to read as follows: 14 7 c. Revocation of the defendant's driver's license for a 14 8 period ofone yeartwo years, if a revocation occurs pursuant 14 9 to section 321J.12, subsection 1. If a revocation occurs due 14 10 to test refusal under section 321J.9, or pursuant to section 14 11 321J.4, subsection 2, the defendant's license shall be revoked 14 12 for a period oftwofour years. 14 13 Sec. 17. Section 321J.2, subsection 5, paragraph c, Code 14 14 2017, is amended to read as follows: 14 15 c.RevocationPermanent revocation of the person's driver's 14 16 licensefor a period of six yearspursuant to section 321J.4, 14 17 subsection 4. 14 18 Sec. 18. Section 321J.4, subsections 1 and 2, Code 2017, are 14 19 amended to read as follows: 14 20 1. If a defendant is convicted of a violation of section 14 21 321J.2 and the defendant's driver's license or nonresident 14 22 operating privilege has not been revoked under section 321J.9 14 23 or 321J.12 for the occurrence from which the arrest arose, the 14 24 department shall revoke the defendant's driver's license or 14 25 nonresident operating privilege for onehundred eighty days 14 26year if the defendant submitted to chemical testing and has had 14 27 no previous conviction or revocation under this chapter and 14 28 shall revoke the defendant's driver's license or nonresident 14 29 operating privilege forone yeartwo years if the defendant 14 30 refused to submit to chemical testing and has had no previous 14 31 conviction or revocation under this chapter. The defendant 14 32 shall not be eligible for any temporary restricted license 14 33 for at least ninety days if a test was refused under section 14 34 321J.9. 14 35 a. A defendant whose alcohol concentration is .08 or 15 1 morebut not more than .10shall not be eligible for any 15 2 temporary restricted license for at least thirty days if 15 3 a test was obtained and an accident resulting in personal 15 4 injury or property damage occurred or the defendant's alcohol 15 5 concentration exceeded .15.TheThere shall be no such 15 6 period of ineligibility if no such accident occurred and the 15 7 defendant's alcohol concentration did not exceed .15. 15 8 b. Upon revocation, the department shall require the 15 9 defendant to install an ignition interlock device of a type 15 10 approved by the commissioner of public safety on all vehicles 15 11 owned or operated by the defendantif the defendant seeks a 15 12 temporary restricted license.There shall be no such period of 15 13 ineligibility if no such accident occurred, and the defendant 15 14 shall not be required to install an ignition interlock device.15 15b. A defendant whose alcohol concentration is more than .10 15 16 shall not be eligible for any temporary restricted license for 15 17 at least thirty days if a test was obtained and an accident 15 18 resulting in personal injury or property damage occurred or the 15 19 defendant's alcohol concentration exceeded .15. There shall be 15 20 no such period of ineligibility if no such accident occurred 15 21 and the defendant's alcohol concentration did not exceed .15. 15 22 In either case, where a defendant's alcohol concentration is 15 23 more than .10, the department shall require the defendant to 15 24 install an ignition interlock device of a type approved by the 15 25 commissioner of public safety on all vehicles owned or operated 15 26 by the defendant if the defendant seeks a temporary restricted 15 27 license.15 28 c. If the defendant is under the age of twenty=one, the 15 29 defendant shall not be eligible for a temporary restricted 15 30 license for at least sixty days after the effective date of 15 31 revocation. 15 32 2. If a defendant is convicted of a violation of section 15 33 321J.2, and the defendant's driver's license or nonresident 15 34 operating privilege has not already been revoked under section 15 35 321J.9 or 321J.12 for the occurrence from which the arrest 16 1 arose, the department shall revoke the defendant's driver's 16 2 license or nonresident operating privilege forone yeartwo 16 3 years if the defendant submitted to chemical testing and has 16 4 had a previous conviction or revocation under this chapter and 16 5 shall revoke the defendant's driver's license or nonresident 16 6 operating privilege fortwofour years if the defendant refused 16 7 to submit to chemical testing and has had a previous revocation 16 8 under this chapter. The defendant shall not be eligible for 16 9 any temporary restricted license for forty=five days after the 16 10 effective date of revocation if the defendant submitted to 16 11 chemical testing and shall not be eligible for any temporary 16 12 restricted license for ninety days after the effective date 16 13 of revocation if the defendant refused chemical testing. The 16 14 temporary restricted license shall be issued in accordance 16 15 with section 321J.20, subsection 2.TheUpon revocation, the 16 16 department shall require the defendant to install an ignition 16 17 interlock device of a type approved by the commissioner 16 18 of public safety on all vehicles owned or operated by the 16 19 defendantif the defendant seeks a temporary restricted license 16 20 at the end of the minimum period of ineligibility. A temporary 16 21 restricted license shall not be granted by the department until 16 22 the defendant installs the ignition interlock device. 16 23 Sec. 19. Section 321J.4, subsection 3, paragraphs a and b, 16 24 Code 2017, are amended to read as follows: 16 25 a. A defendant whose alcohol concentration is .08 or 16 26 morebut not more than .10shall not be eligible for any 16 27 temporary restricted license for at least thirty days if 16 28 a test was obtained and an accident resulting in personal 16 29 injury or property damage occurred or the defendant's alcohol 16 30 concentration exceeded .15.TheThere shall be no such 16 31 period of ineligibility if no such accident occurred and the 16 32 defendant's alcohol concentration did not exceed .15. Upon 16 33 revocation, the department shall require the defendant to 16 34 install an ignition interlock device of a type approved by the 16 35 commissioner of public safety on all vehicles owned or operated 17 1 by the defendantif the defendant seeks a temporary restricted 17 2 license.There shall be no such period of ineligibility if no 17 3 such accident occurred, and the defendant shall not be required 17 4 to install an ignition interlock device.17 5b. A defendant whose alcohol concentration is more than .10 17 6 shall not be eligible for any temporary restricted license for 17 7 at least thirty days if a test was obtained and an accident 17 8 resulting in personal injury or property damage occurred or the 17 9 defendant's alcohol concentration exceeded .15. There shall be 17 10 no such period of ineligibility if no such accident occurred 17 11 and the defendant's alcohol concentration did not exceed .15. 17 12 In either case, where a defendant's alcohol concentration is 17 13 more than .10, the department shall require the defendant to 17 14 install an ignition interlock device of a type approved by the 17 15 commissioner of public safety on all vehicles owned or operated 17 16 by the defendant if the defendant seeks a temporary restricted 17 17 license.17 18 Sec. 20. Section 321J.4, subsections 4, 5, and 6, Code 2017, 17 19 are amended to read as follows: 17 20 4. Upon a plea or verdict of guilty of a third or subsequent 17 21 violation of section 321J.2, the department shall revoke the 17 22 defendant's driver's license or nonresident operating privilege 17 23for a period of six yearspermanently. The defendant shall not 17 24 be eligible foraany temporary restricted licensefor one year 17 25 after the effective date of the revocation.The department 17 26 shall require the defendant to install an ignition interlock 17 27 device of a type approved by the commissioner of public safety 17 28 on all vehicles owned or operated by the defendant if the 17 29 defendant seeks a temporary restricted license at the end of 17 30 the minimum period of ineligibility. A temporary restricted 17 31 license shall not be granted by the department until the 17 32 defendant installs the ignition interlock device.17 33 5. Upon a plea or verdict of guilty of a violation of 17 34 section 321J.2 which involved a personal injury, the court 17 35 shall determine in open court, from consideration of the 18 1 information in the file and any other evidence the parties 18 2 may submit, whether a serious injury, as defined in section 18 3 702.18, was sustained by any person other than the defendant 18 4 and, if so, whether the defendant's conduct in violation of 18 5 section 321J.2 caused the serious injury. If the court so 18 6 determines, the court shall order the department to revoke the 18 7 defendant's driver's license or nonresident operating privilege 18 8for a period of one year in addition to any other period of 18 9 suspension or revocationpermanently. The defendant shall not 18 10 be eligible for any temporary restricted licenseuntil the 18 11 minimum period of ineligibility has expired under this section 18 12 or section 321J.9, 321J.12, or 321J.20. The defendant shall 18 13 surrender to the court any Iowa license or permit and the court 18 14 shall forwarditthe license or permit to the department with a 18 15 copy of the order for revocation. 18 16 6. Upon a plea or verdict of guilty of a violation of 18 17 section 321J.2 which involved a death, the court shall 18 18 determine in open court, from consideration of the information 18 19 in the file and any other evidence the parties may submit, 18 20 whether a death occurred and, if so, whether the defendant's 18 21 conduct in violation of section 321J.2 caused the death. If 18 22 the court so determines, the court shall order the department 18 23 to revoke the defendant's driver's license or nonresident 18 24 operating privilegefor a period of six yearspermanently. The 18 25 defendant shall not be eligible for any temporary restricted 18 26 licensefor at least two years after the revocation. The 18 27 defendant shall surrender to the court any Iowa license or 18 28 permit and the court shall forwarditthe license or permit to 18 29 the department with a copy of the order for revocation. 18 30 Sec. 21. Section 321J.4, subsection 8, paragraphs a and c, 18 31 Code 2017, are amended to read as follows: 18 32 a. On a conviction for or as a condition of a deferred 18 33 judgment for a violation of section 321J.2, the courtmayshall 18 34 order the defendant to install ignition interlock devices 18 35 of a type approved by the commissioner of public safety on 19 1 all motor vehicles owned or operated by the defendant which, 19 2 without tampering or the intervention of another person, would 19 3 prevent the defendant from operating the motor vehicle with an 19 4 alcohol concentration greater than a level set by rule of the 19 5 commissioner of public safety. 19 6 c. The order to install ignition interlock devices shall 19 7 remain in effect fora period of time as determined by the 19 8 court which shall not exceed the maximum term of imprisonment 19 9 which the court could have imposed according to the nature of 19 10 the violationthe period of time required by section 321.20A. 19 11 While the order is in effect, the defendant shall not operate 19 12 a motor vehicle which does not have an approved ignition 19 13 interlock device installed. 19 14 Sec. 22. Section 321J.4B, subsection 1, paragraph a, Code 19 15 2017, is amended to read as follows: 19 16 a. "Immobilized" means the installation of a device in a 19 17 motor vehicle that completely prevents a motor vehicle from 19 18 being operated, or the installation of an ignition interlock 19 19 device of a type approved by the commissioner of public safety. 19 20 Sec. 23. Section 321J.4B, subsection 4, Code 2017, is 19 21 amended to read as follows: 19 22 4. An owner of a motor vehicle impounded or immobilized 19 23 under this section, who knows of, should have known of, 19 24 or gives consent to the operation of,the motor vehicle in 19 25 violation of subsection 2, paragraph "a", subparagraph (2), 19 26 shall be considered to be all of the following: 19 27 a. Guilty of asimpleserious misdemeanor, and. 19 28 b. Jointly and severally liable for any damages caused 19 29 by the person who operated the motor vehicle, subject to the 19 30 provisions of chapter 668. 19 31 Sec. 24. Section 321J.4B, subsection 5, paragraph d, Code 19 32 2017, is amended to read as follows: 19 33 d. The period of impoundment or immobilization of a motor 19 34 vehicle under this section shall be the period of license 19 35 revocation imposed upon the person convicted of the offense or 20 1 onehundred eighty daysyear, whichever period is longer. The 20 2 impoundment or immobilization period shall commence on the day 20 3 that the vehicle is first impounded or immobilized. 20 4 Sec. 25. Section 321J.4B, subsection 6, Code 2017, is 20 5 amended to read as follows: 20 6 6. Upon conviction of the defendant for a first violation 20 7 of subsection 2, paragraph "a", subparagraph (2), where the 20 8 defendant's driver's license was revoked as a result of a 20 9 second or subsequent violation of section 321J.2, or a second 20 10 or subsequent violation of subsection 2, paragraph "a", 20 11 subparagraph (2), the court shall order, if theconvicted 20 12 persondefendant is the owner of the motor vehicle used in the 20 13 commission of the offense, that that motor vehicle be seized 20 14 and forfeited to the state pursuant to chapters 809 and 809A. 20 15 Sec. 26. Section 321J.5, subsection 2, Code 2017, is amended 20 16 to read as follows: 20 17 2. The results of this preliminary screening test may be 20 18 used for the purpose of deciding whether an arrest should be 20 19 made or whether to request a chemical test authorized in this 20 20 chapter, but shall not be used in any court action except to 20 21 prove that a chemical test was properly requested of a person 20 22 pursuant to this chapter. However, the results of a breath 20 23 test administered after a preliminary screening test pursuant 20 24 to section 321J.6, subsection 2, by a certified operator using 20 25 a portable breath testing instrument intended to determine 20 26 alcohol concentration, and using methods approved by the 20 27 commissioner of public safety pursuant to section 321J.15, may 20 28 be used as evidence in any court action. 20 29 Sec. 27. Section 321J.9, subsections 1 and 2, Code 2017, are 20 30 amended to read as follows: 20 31 1. If a person refuses to submit to the chemical testing, a 20 32 test shall not be given, but the department, upon the receipt 20 33 of the peace officer's certification, subject to penalty for 20 34 perjury, that the officer had reasonable grounds to believe the 20 35 person to have been operating a motor vehicle in violation of 21 1 section 321J.2 or 321J.2A, that specified conditions existed 21 2 for chemical testing pursuant to section 321J.6, and that the 21 3 person refused to submit to the chemical testing, shall revoke 21 4 the person's driver's license and any nonresident operating 21 5 privilege for the following periods of time: 21 6 a.One yearTwo years if the person has no previous 21 7 revocation under this chapter; and 21 8 b.TwoFour years if the person has had a previous 21 9 revocation under this chapter. 21 10 2. a. A person whose driver's license or nonresident 21 11 operating privileges are revoked under subsection 1 shall not 21 12 be eligible for a temporary restricted license for at least 21 13 ninety days after the effective date of the revocation. A 21 14 temporary restricted license issued to a person whose driver's 21 15 license or nonresident driving privilege has been revoked under 21 16 subsection 1, paragraph "b", shall be issued in accordance with 21 17 section 321J.20, subsection 2. 21 18 b. The department shall require the defendant to install 21 19 an ignition interlock device of a type approved by the 21 20 commissioner of public safety on all vehicles owned or operated 21 21 by the defendantif the defendant seeks a temporary restricted 21 22 license at the end of the minimum period of ineligibilityupon 21 23 revocation of the defendant's driver's license unless the 21 24 defendant's driver's license or nonresident operating privilege 21 25 has been permanently revoked under this chapter. A temporary 21 26 restricted license shall not be granted by the department until 21 27 the defendant installs the ignition interlock device. 21 28 Sec. 28. Section 321J.10, subsection 1, Code 2017, is 21 29 amended to read as follows: 21 30 1. Refusal to consent to a test under section 321J.6 does 21 31 not prohibit the withdrawal of a specimen for chemical testing 21 32 pursuant to a search warrant issued in the investigation of 21 33 a suspected violation of section707.5or 707.6A321J.2 or 21 34 321J.2A ifall of the following grounds exist:21 35a. A traffic accident has resulted in a death or personal 22 1 injury reasonably likely to cause death.22 2b.Therethere are reasonable grounds to believe thatone or 22 3 more of the persons whose driving may have been the proximate 22 4 cause of the accidentthe person was violating section 321J.2 22 5 or 321J.2A at the time of theaccidentsuspected violation. 22 6 Sec. 29. Section 321J.10, subsection 3, paragraph c, Code 22 7 2017, is amended to read as follows: 22 8 c. The oral application testimony shall set forth facts and 22 9 information tending to establish the existence of the grounds 22 10 for the warrant and shall describe with a reasonable degree of 22 11 specificity the personor personswhose driving is believed to 22 12 have beenthe proximate cause of the accident and from whom a 22 13 specimen is to be withdrawnin violation of section 321J.2 or 22 14 321J.2A and the location where the withdrawal of the specimen 22 15or specimensis to take place. 22 16 Sec. 30. Section 321J.12, subsections 1 and 2, Code 2017, 22 17 are amended to read as follows: 22 18 1. Upon certification, subject to penalty for perjury, by 22 19 the peace officer that there existed reasonable grounds to 22 20 believe that the person had been operating a motor vehicle in 22 21 violation of section 321J.2, that there existed one or more 22 22 of the necessary conditions for chemical testing described in 22 23 section 321J.6, subsection 1, and that the person submitted to 22 24 chemical testing and the test results indicated the presence 22 25 of a controlled substance or other drug, or an alcohol 22 26 concentration equal to or in excess of the level prohibited by 22 27 section 321J.2, or a combination of alcohol and another drug in 22 28 violation of section 321J.2, the department shall revoke the 22 29 person's driver's license or nonresident operating privilege 22 30 for the following periods of time: 22 31 a. Onehundred eighty daysyear if the person has had no 22 32 revocation under this chapter. 22 33 b.One yearTwo years if the person has had a previous 22 34 revocation under this chapter. 22 35 2. a. A person whose driver's license or nonresident 23 1 operating privileges have been revoked under subsection 1, 23 2 paragraph "a", whose alcohol concentration is .08 or morebut 23 3 not more than .10shall not be eligible for any temporary 23 4 restricted license for at least thirty days after the effective 23 5 date of the revocation if a test was obtained and an accident 23 6 resulting in personal injury or property damage occurred or 23 7 the defendant's alcohol concentration exceeded .15.TheThere 23 8 shall be no such period of ineligibility if no such accident 23 9 occurred and the defendant's alcohol concentration did not 23 10 exceed .15. 23 11 b. Upon revocation, the department shall require the 23 12 defendant to install an ignition interlock device of a type 23 13 approved by the commissioner of public safety on all vehicles 23 14 owned or operated by the defendantif the defendant seeks a 23 15 temporary licenseunless the defendant's driver's license 23 16 or nonresident operating privilege has been permanently 23 17 revoked under this chapter.There shall be no such period of 23 18 ineligibility if no such accident occurred, and the defendant 23 19 shall not be required to install an ignition interlock device.23 20b. A defendant whose alcohol concentration is more than .10 23 21 shall not be eligible for any temporary restricted license for 23 22 at least thirty days if a test was obtained and an accident 23 23 resulting in personal injury or property damage occurred or the 23 24 defendant's alcohol concentration exceeded .15. There shall be 23 25 no such period of ineligibility if no such accident occurred 23 26 and the defendant's alcohol concentration did not exceed .15. 23 27 In either case, where a defendant's alcohol concentration is 23 28 more than .10, the department shall require the defendant to 23 29 install an ignition interlock device of a type approved by the 23 30 commissioner of public safety on all vehicles owned or operated 23 31 by the defendant if the defendant seeks a temporary restricted 23 32 license.23 33 c. If the person is under the age of twenty=one, the person 23 34 shall not be eligible for a temporary restricted license for at 23 35 least sixty days after the effective date of the revocation. 24 1 d. A person whose license or privileges have been revoked 24 2 under subsection 1, paragraph "b",for one yearshall not be 24 3 eligible for any temporary restricted license for forty=five 24 4 days after the effective date of the revocation, and upon 24 5 revocation the department shall require the person to install 24 6 an ignition interlock device of a type approved by the 24 7 commissioner of public safety on all vehicles owned or operated 24 8 by the defendantif the defendant seeks a temporary restricted 24 9 license at the end of the minimum period of ineligibility 24 10unless the defendant's driver's license or nonresident 24 11 operating privilege has been permanently revoked under this 24 12 chapter. The temporary restricted license shall be issued in 24 13 accordance with section 321J.20, subsection 2. A temporary 24 14 restricted license shall not be granted by the department until 24 15 the defendant installs the ignition interlock device. 24 16 Sec. 31. Section 321J.17, subsection 3, Code 2017, is 24 17 amended to read as follows: 24 18 3. The department shall also require certification of 24 19 installation of an ignition interlock device of a type approved 24 20 by the commissioner of public safety on all motor vehicles 24 21 owned or operated by any person seeking reinstatement following 24 22 a second or subsequent revocation under section 321J.4, 24 23 321J.9, or 321J.12. The requirement for the installation of 24 24 an approved ignition interlock device shall be forone year 24 25 from the date of reinstatement unless a longer time period is 24 26 required by statutethe period of time required under section 24 27 321J.20A.The one=year period a person is required to maintain 24 28 an ignition interlock device under this subsection shall be 24 29 reduced by any period of time the person held a valid temporary 24 30 restricted license during the period of the revocation for 24 31 the occurrence from which the arrest arose.The person shall 24 32 not operate any motor vehicle which is not equipped with an 24 33 approved ignition interlock device during the period in which 24 34 an ignition interlock device must be maintained, and the 24 35 department shall not grant reinstatement unless the person 25 1 certifies installation of an ignition interlock device as 25 2 required in this subsection. 25 3 Sec. 32. Section 321J.20, subsection 1, paragraph a, 25 4 unnumbered paragraph 1, Code 2017, is amended to read as 25 5 follows: 25 6 The department may, on application, issue a temporary 25 7 restricted license to a person whose noncommercial driver's 25 8 license is revoked under this chapterallowingunless the 25 9 person's noncommercial driver's license has been permanently 25 10 revoked. A temporary restricted license issued under this 25 11 subsection may allow the person to drive to and from the 25 12 person's home and specified places at specified times which can 25 13 be verified by the department and which are required by the 25 14 person's full=time or part=time employment, continuing health 25 15 care or the continuing health care of another who is dependent 25 16 upon the person, continuing education while enrolled in an 25 17 educational institution on a part=time or full=time basis and 25 18 while pursuing a course of study leading to a diploma, degree, 25 19 or other certification of successful educational completion, 25 20 substance abuse treatment, court=ordered community service 25 21 responsibilities,andappointments with the person's parole or 25 22 probation officer, and participation in a program established 25 23 pursuant to chapter 901D, if the person's driver's license has 25 24 not been revoked previously under section 321J.4, 321J.9, or 25 25 321J.12 and if any of the following apply: 25 26 Sec. 33. Section 321J.20, subsection 1, paragraphs b and d, 25 27 Code 2017, are amended to read as follows: 25 28 b. A temporary restricted license may be issued under this 25 29 subsection if the person's noncommercial driver's license is 25 30 revokedfor two yearsunder section 321J.4, subsection 2, or 25 31 section 321J.9, subsection 1, paragraph "b", and the first three 25 32 hundred sixty=five days of the revocation have expired. 25 33 d. Following the applicable minimum period of ineligibility, 25 34 a temporary restricted license under this subsection shall not 25 35 be issueduntilunless the applicantinstallshas installed 26 1 an ignition interlock device of a type approved by the 26 2 commissioner of public safety on all motor vehicles owned or 26 3 operated by the applicant in accordance with section 321J.2, 26 4 321J.4, 321J.9, or 321J.12. Installation of an ignition 26 5 interlock device under this subsection shall be required for 26 6 the period of timefor which the temporary restricted license 26 7 is issued and for such additional period of time following 26 8 reinstatement as is required under section 321J.17, subsection 26 9 3provided under section 321J.20A. 26 10 Sec. 34. Section 321J.20, subsections 2 and 3, Code 2017, 26 11 are amended to read as follows: 26 12 2. a. Notwithstanding section 321.560, the department may, 26 13 on application, and upon the expiration of the minimum period 26 14 of ineligibility for a temporary restricted license provided 26 15 for under section 321.560, 321J.4, 321J.9, or 321J.12, issue a 26 16 temporary restricted license to a person whose noncommercial 26 17 driver's license has either been revoked under this chapter, or 26 18 revoked or suspended under chapter 321 solely for violations 26 19 of this chapter, or who has been determined to be a habitual 26 20 offender under chapter 321 based solely on violations of this 26 21 chapter or on violations listed in section 321.560, subsection 26 22 1, paragraph "b", and who is not eligible for a temporary 26 23 restricted license under subsection 1. However, the department 26 24mayshall not issue a temporary restricted license under 26 25 this subsection for a violation of section 321J.2A,orto a 26 26 person under the age of twenty=one whose license is revoked 26 27 under section 321J.4, 321J.9, or 321J.12, or to a person whose 26 28 noncommercial driver's license has been permanently revoked 26 29 under this chapter. A temporary restricted license issued 26 30 under this subsection may allow the person to drive to and 26 31 from the person's home and specified places at specified times 26 32 which can be verified by the department and which are required 26 33 by the person's full=time or part=time employment; continuing 26 34 education while enrolled in an educational institution on a 26 35 part=time or full=time basis and while pursuing a course of 27 1 study leading to a diploma, degree, or other certification 27 2 of successful educational completion;orsubstance abuse 27 3 treatment; or participation in a program established pursuant 27 4 to chapter 901D. 27 5 b. A temporary restricted license issued under this 27 6 subsection shall not be issueduntilunless the applicant 27 7installshas installed an approved ignition interlock device 27 8 on all motor vehicles owned or operated by the applicant. 27 9 Installation of an ignition interlock device under this 27 10 subsection shall be required for the period of timefor 27 11 which the temporary restricted license is issued, and for 27 12 such additional period of time following reinstatement as is 27 13 required under section 321J.17, subsection 3provided under 27 14 section 321J.20A. However, a person whose driver's license or 27 15 nonresident operating privilege has been revoked under section 27 16 321J.21 may apply to the department for a temporary restricted 27 17 license without the requirement of an ignition interlock device 27 18 if at leasttwelvetwenty=five years have elapsed since the end 27 19 of the underlying revocation period for a first violation of 27 20 section 321J.2. 27 21 3. If a person required to install an ignition interlock 27 22 device or participate in a program established pursuant to 27 23 chapter 901D operates a motor vehicle which does not have an 27 24 approved ignition interlock device or while not in compliance 27 25 with the program, or if the person tampers with or circumvents 27 26 an ignition interlock device, in addition to other penalties 27 27 provided, the person's temporary restricted license shall be 27 28 revoked. 27 29 Sec. 35. Section 321J.20, Code 2017, is amended by adding 27 30 the following new subsection: 27 31 NEW SUBSECTION. 10. Notwithstanding any other provision of 27 32 law to the contrary, in any circumstance in which this chapter 27 33 requires the installation of an ignition interlock device in 27 34 all vehicles owned or operated by a person as a condition of 27 35 the person's license or privilege to operate noncommercial 28 1 motor vehicles, the department shall require the person to 28 2 participate in and be in compliance with a sobriety and drug 28 3 monitoring program established pursuant to chapter 901D if the 28 4 person's offense under this chapter qualifies as an eligible 28 5 offense as defined in section 901D.2, and the person's offense 28 6 occurred in a participating jurisdiction, as defined in section 28 7 901D.2. The department, in consultation with the department 28 8 of public safety, may adopt rules for issuing and accepting a 28 9 certification of participation in and compliance with a program 28 10 established pursuant to chapter 901D. This subsection shall be 28 11 construed and implemented to comply with 23 U.S.C. {164(a), as 28 12 amended by the federal Fixing America's Surface Transportation 28 13 Act, Pub. L. No. 114=94, {1414, and shall not apply if such 28 14 application results in a finding of noncompliance with 23 28 15 U.S.C. {164 that results or will result in a reservation 28 16 or transfer of funds pursuant to 23 U.S.C. {164(b). This 28 17 subsection shall not authorize the operation of a motor vehicle 28 18 for any purpose not otherwise authorized by this chapter. 28 19 Sec. 36. NEW SECTION. 321J.20A Ignition interlock devices 28 20 ==== duration of requirements ==== indigent user fund. 28 21 1. a. An ignition interlock device installed in a motor 28 22 vehicle as required by this chapter shall be installed in the 28 23 vehicle for as long as the defendant is the owner or operator 28 24 of the vehicle, except as provided in this subsection. 28 25 b. If an ignition interlock device was installed in a 28 26 motor vehicle as a result of the defendant's first offense or 28 27 revocation under this chapter, the device shall be uninstalled 28 28 after the later of the following: 28 29 (1) Two years after the date the defendant's driver's 28 30 license revocation period ends. 28 31 (2) One hundred eighty days after the date the defendant 28 32 last failed a test or retest by the device because the 28 33 defendant's alcohol concentration exceeded the limit 28 34 established under 661 IAC 158.6. 28 35 (3) One hundred eighty days after the date the defendant 29 1 last failed to maintain the device as required under 661 IAC 29 2 ch. 158. 29 3 c. Notwithstanding paragraph "b", an ignition interlock 29 4 device installed in a motor vehicle as required by this chapter 29 5 shall not be uninstalled if the defendant has been convicted of 29 6 tampering with or circumventing an ignition interlock device. 29 7 2. If the defendant fails a test or retest by an ignition 29 8 interlock device installed in a motor vehicle as required by 29 9 this chapter because the defendant's alcohol concentration 29 10 exceeded the limit established under 661 IAC 158.6, the failure 29 11 shall be reported by the device or an entity monitoring the 29 12 device to the department. 29 13 3. Upon revocation, and at such times as the department may 29 14 require by rule, a defendant shall certify to the department 29 15 that the defendant has installed an approved ignition 29 16 interlock device in all motor vehicles owned or operated by 29 17 the defendant. The department may adopt rules relating to the 29 18 form, manner, and circumstances under which a defendant is 29 19 required to submit a certification to the department that the 29 20 defendant has installed an approved ignition interlock device 29 21 in all motor vehicles owned or operated by the defendant. 29 22 4. a. An ignition interlock indigent user fund is created 29 23 in the state treasury. The fund shall be administered by 29 24 the department and shall consist of moneys collected by the 29 25 department under this subsection. The moneys in the fund are 29 26 appropriated to and shall be used by the department to assist 29 27 indigent users of ignition interlock devices in paying for the 29 28 use of the devices. Notwithstanding section 8.33, moneys in 29 29 the fund at the end of each fiscal year shall not revert to any 29 30 other fund but shall remain in the fund for expenditure for 29 31 subsequent fiscal years. 29 32 b. Each month, the department shall assess an ignition 29 33 interlock user fee to each user of an ignition interlock 29 34 device. All ignition interlock user fees shall be collected by 29 35 the department and deposited in the ignition interlock indigent 30 1 user fund. The amount of the monthly ignition interlock user 30 2 fee shall be set by the department so that the moneys in the 30 3 ignition interlock indigent user fund are sufficient to assist 30 4 all indigent users of ignition interlock devices in paying for 30 5 the use of the devices. 30 6 c. A person is indigent for the purposes of this subsection 30 7 if any of the following apply: 30 8 (1) The person has an income level at or below one hundred 30 9 twenty=five percent of the United States poverty level as 30 10 defined by the most recently revised poverty income guidelines 30 11 published by the United States department of health and human 30 12 services, and the department determines that the person is 30 13 unable to pay for the cost of an ignition interlock device. In 30 14 making the determination of a person's ability to pay for the 30 15 cost of a device, the department shall consider not only the 30 16 person's income, but also the person's other assets, including 30 17 but not limited to cash, stocks, bonds, and any other property. 30 18 (2) The person has an income level greater than one hundred 30 19 twenty=five percent, but at or below two hundred percent, of 30 20 the most recently revised poverty income guidelines published 30 21 by the United States department of health and human services, 30 22 and the department determines that paying for the ignition 30 23 interlock device would cause the person substantial hardship. 30 24 In determining whether substantial hardship would result, the 30 25 department shall consider not only the person's income, but 30 26 also the person's other assets, including but not limited to 30 27 cash, stocks, bonds, and any other property. 30 28 d. The department shall adopt rules to administer this 30 29 subsection, including but not limited to the manner used to 30 30 determine the monthly ignition interlock user fee and the 30 31 accepted form and manner in which a person may demonstrate 30 32 indigency. 30 33 Sec. 37. Section 707.6A, subsections 1, 1A, 1B, 1C, 1D, and 30 34 4, Code 2017, are amended to read as follows: 30 35 1. A person commits a class "B" felony punishable by 31 1 imprisonment not to exceed fifty years when the person 31 2 unintentionally causes the death of another by operating a 31 3 motor vehicle while intoxicated, as prohibited by section 31 4 321J.2. 31 51A.a. Upon a plea or verdict of guilty of a violation 31 6 of this subsection1, the defendant shall surrender to the 31 7 court any Iowa license or permit and the court shall forward 31 8 the license or permit to the department with a copy of the 31 9 order of conviction. Upon receipt of the order of conviction, 31 10 the department shall revoke the defendant's driver's license 31 11 or nonresident operating privilegefor a period of six years 31 12permanently. The defendant shall not be eligible foraany 31 13 temporary restricted licensefor at least two years after the 31 14 revocation. 31 151B.b. Upon a plea or verdict of guilty of a violation of 31 16 this subsection1, the court shall order the defendant, at the 31 17 defendant's expense, to do all of the following: 31 18a.(1) Enroll, attend, and satisfactorily complete a course 31 19 for drinking drivers, as provided in section 321J.22. 31 20b.(2) Submit to evaluation and treatment or rehabilitation 31 21 services. 31 221C. A driver's license or nonresident operating privilege 31 23 shall not be reinstated until proof of completion of the 31 24 requirements of subsection 1B is presented to the department.31 251D.c. Where the program is available and appropriate for 31 26 the defendant, the court shall also order the defendant to 31 27 participate in a reality education substance abuse prevention 31 28 program as provided in section 321J.24. 31 29 4. a. A person commits a class "C" felony when the person 31 30 unintentionally causes a serious injury, as defined in section 31 31 702.18, by the means described in subsection 1. Upon a plea 31 32 or verdict of guilty of a violation of this paragraph "a", the 31 33 defendant shall surrender to the court any Iowa license or 31 34 permit and the court shall forward the license or permit to 31 35 the department with a copy of the order of conviction. Upon 32 1 receipt of the order of conviction, the department shall revoke 32 2 the defendant's driver's license or nonresident operating 32 3 privilege permanently. 32 4 b. A person commits a class "D" felony when the person 32 5 unintentionally causes a serious injury, as defined in section 32 6 702.18, by any of the means described in subsection1 or2. 32 7 Sec. 38. Section 809A.3, subsection 2, Code 2017, is amended 32 8 to read as follows: 32 9 2. Notwithstanding subsection 1, violations of chapter 32 10 321 or 321J shall not be considered conduct giving rise to 32 11 forfeiture, exceptfor violationsas provided in any of the 32 12 following: 32 13 a. Section 321.232. 32 14b. A second or subsequent violation of section 321J.4B, 32 15 subsection 2, paragraph "a", subparagraph (2).32 16c.b. Section 321J.4B, subsection 6, 9, or 10. 32 17 DIVISION III 32 18 PERSONS INVOLVED IN THE SALE OF ALCOHOLIC BEVERAGES 32 19 Sec. 39. Section 123.39, subsection 1, paragraph b, Code 32 20 2017, is amended by adding the following new subparagraph: 32 21 NEW SUBPARAGRAPH. (7) Failure to submit a plan and 32 22 procedure for the transportation of intoxicated persons to the 32 23 satisfaction of the division or local authority as required by 32 24 section 123.50, subsection 6. 32 25 Sec. 40. Section 123.49, Code 2017, is amended by adding the 32 26 following new subsection: 32 27 NEW SUBSECTION. 1A. A person holding a liquor control 32 28 license or wine or beer permit for on=premises consumption 32 29 shall not sell, dispense, or give to a person any alcoholic 32 30 liquor, wine, or beer, if the person's driver's license is 32 31 marked pursuant to section 321.189, subsection 2, paragraph 32 32 "0c". 32 33 Sec. 41. Section 123.50, Code 2017, is amended by adding the 32 34 following new subsection: 32 35 NEW SUBSECTION. 6. If an employee of a licensee or 33 1 permittee violates section 123.49, subsection 1, the licensee 33 2 or permittee shall submit to the division or local authority 33 3 a plan and procedure for the licensee or permittee to obtain 33 4 transportation for intoxicated persons on the premises of the 33 5 licensee's or permittee's business from the licensee's or 33 6 permittee's business to the intoxicated person's home. Failure 33 7 to submit such a plan and procedure to the satisfaction of the 33 8 division or local authority shall be grounds for the suspension 33 9 or revocation of the license or permit of the licensee or 33 10 permittee by the division or the local authority. 33 11 Sec. 42. Section 123.50A, Code 2017, is amended by adding 33 12 the following new subsection: 33 13 NEW SUBSECTION. 5. An employee or prospective employee 33 14 of a licensee or permittee shall complete or re=complete the 33 15 alcohol compliance employee training program if the employee, 33 16 prospective employee, or another employee of the licensee 33 17 or permittee is convicted of a violation of section 123.49, 33 18 subsection 1 or 1A. The employee or prospective employee shall 33 19 attend the next available alcohol compliance employee training 33 20 program taking place within one hundred miles of the licensee's 33 21 or permittee's business. 33 22 EXPLANATION 33 23 The inclusion of this explanation does not constitute agreement with 33 24 the explanation's substance by the members of the general assembly. 33 25 DIVISION I ==== STATEWIDE SOBRIETY AND DRUG MONITORING 33 26 PROGRAM. This bill directs the department of public safety 33 27 (DPS) to establish a statewide sobriety and drug monitoring 33 28 program that is available 24 hours per day, seven days per 33 29 week. Under the program, a court or governmental entity, as 33 30 a condition of bond, pretrial release, sentence, probation, 33 31 parole, or a temporary restricted license, may require a person 33 32 who has been charged with, pled guilty to, or been convicted 33 33 of an eligible offense to abstain from alcohol and controlled 33 34 substances for a period of time. The bill provides that an 33 35 eligible offense is a criminal offense in which the abuse of 34 1 alcohol or a controlled substance was a contributing factor 34 2 in the commission of the offense as determined by the court 34 3 or governmental entity of the participating jurisdiction, 34 4 including but not limited to a first or subsequent offense of 34 5 operating while intoxicated (OWI). 34 6 The program requires a person to be subject to testing to 34 7 determine whether alcohol or a controlled substance is present 34 8 in the person's body at least twice per day at a central 34 9 location where an immediate sanction can be applied. Where 34 10 such testing creates a documented hardship or is geographically 34 11 impractical, an alternative method approved by DPS may be used. 34 12 Hardship or geographic impracticality is determined by 34 13 documentation and consideration of whether a testing device is 34 14 available, whether the participant is capable of paying the 34 15 fees and costs associated with the testing device, whether 34 16 the participant is capable of wearing the testing device, and 34 17 whether the participant fails to qualify for testing twice 34 18 per day because the participant lives in a rural area, the 34 19 participant's employment requires the participant's presence at 34 20 a location remote from the testing location, or the participant 34 21 has repeatedly violated the requirements of the program. 34 22 The bill prohibits a person who has been required to 34 23 participate in the program and whose driver's license is 34 24 suspended or revoked from participating in the program until 34 25 the person is eligible for a temporary restricted license. A 34 26 person must install an ignition interlock device on all motor 34 27 vehicles owned or operated by the person to participate in 34 28 the program. A person who has been charged with, pled guilty 34 29 to, or been convicted of an eligible offense who has not 34 30 been required to participate in the program may apply to the 34 31 participating jurisdiction in order to participate. 34 32 If a jurisdiction applies to and is approved by DPS to 34 33 participate in the program, the bill requires DPS to assist the 34 34 jurisdiction in setting up and administering the program. The 34 35 participating jurisdiction must establish testing locations and 35 1 may designate a third party to provide testing services. 35 2 Any efforts by DPS to alter or modify the core components 35 3 of the program are required to include a documented strategy 35 4 for achieving and measuring the effectiveness of the planned 35 5 alteration or modification. Before the core components of the 35 6 program can be altered or modified, a pilot program must be 35 7 initiated and monitored. 35 8 The bill requires DPS to adopt rules providing for the nature 35 9 and manner of testing; establishing reasonable fees; providing 35 10 for the application, acceptance, and use of public and private 35 11 grants, gifts, and donations; establishing a process for 35 12 the identification and management of indigent participants; 35 13 providing for the creation and administration of a stakeholder 35 14 group to review and recommend changes to the program; and 35 15 establishing a process for the submission and approval of 35 16 applications from jurisdictions. The bill further requires the 35 17 amount of the fees to be set at an amount such that the fees 35 18 collected in a participating jurisdiction are sufficient to pay 35 19 for the costs of the program in the participating jurisdiction, 35 20 including all costs to the state. 35 21 In addition, the bill requires DPS to provide for and approve 35 22 the use of a program data management system to be used by DPS 35 23 and all participating jurisdictions to manage testing, test 35 24 events, test results, data access, fees, the collection of fee 35 25 payments, and the submission and collection of any required 35 26 reports. The bill provides for certain required features of 35 27 the data management system. 35 28 A court may condition any bond or pretrial release otherwise 35 29 authorized by law for a person charged with an eligible offense 35 30 upon participation in the program and payment of the required 35 31 fees. A court may also condition a suspended sentence or 35 32 probation otherwise authorized by law for a person convicted 35 33 of an eligible offense upon participation in the program 35 34 and payment of the required fees. Likewise, the board of 35 35 parole, the department of corrections, or a parole officer 36 1 may condition parole otherwise authorized by law for a person 36 2 convicted of an eligible offense upon participation in the 36 3 program and payment of the required fees. 36 4 The bill requires an order or directive placing a 36 5 participant in the program to include the type of testing 36 6 required to be administered and the length of time that the 36 7 participant is required to remain in the program. At the 36 8 time of enrollment, a representative of the law enforcement 36 9 agency of a participating jurisdiction must enter the 36 10 participant's information into the data management system. The 36 11 representative of the agency must provide the participant with 36 12 the appropriate materials required by the program, inform the 36 13 participant that the participant's information may be shared 36 14 for law enforcement and reporting purposes, and provide the 36 15 participant with information related to the required testing, 36 16 procedures, and fees. 36 17 The bill provides that the law enforcement agency of a 36 18 participating jurisdiction must establish and maintain a 36 19 sobriety program account, and collect the required fees. The 36 20 law enforcement agency must distribute a portion of the fees to 36 21 any participating third=party designee in accordance with the 36 22 agreement between the agency and the third=party designee, and 36 23 the remainder of the fees collected must be deposited in the 36 24 participating jurisdiction's sobriety program account and must 36 25 be used only for the purposes of administering and operating 36 26 the program. 36 27 The bill requires allegations that a participant failed 36 28 a test, refused to submit to a test, or failed to appear 36 29 for testing to be communicated ex parte by the participating 36 30 jurisdiction, a law enforcement agency of the participating 36 31 jurisdiction, or the participating jurisdiction's third=party 36 32 designee to a magistrate as soon as practicable. A magistrate 36 33 who receives such a communication may order the participant's 36 34 immediate incarceration pending a hearing on the allegation 36 35 but lasting no longer than 24 hours after the issuance of the 37 1 order, or if the participant failed to appear for testing as 37 2 scheduled, the magistrate may issue a warrant for the arrest of 37 3 the participant for a violation of the terms of bond, pretrial 37 4 release, sentence, probation, or parole. 37 5 Upon the failure of a participant to submit to or pass a 37 6 test under the program, the court may notify the department 37 7 of transportation (DOT) of the participant's noncompliance 37 8 and direct the DOT to withdraw the participant's temporary 37 9 restricted license and reinstate the remainder of the license 37 10 suspension or revocation period. 37 11 The bill requires DPS to submit a report to the general 37 12 assembly detailing the effectiveness of the program and making 37 13 recommendations by December 1, 2021. 37 14 DIVISION II ==== OPERATING WHILE INTOXICATED. The bill 37 15 increases the look=back period for determining whether an 37 16 OWI offense is a first or a subsequent offense from 12 years 37 17 to 25 years. In addition, the bill requires an emblem to be 37 18 displayed on the back of a person's driver's license if the 37 19 person has been convicted of an OWI offense or has had the 37 20 person's driver's license revoked under Code chapter 321J. 37 21 For a first offense of OWI, the bill increases the driver's 37 22 license revocation period from 180 days to one year if the 37 23 person submitted to a chemical test, and from one year to two 37 24 years if the person refused a chemical test. For a second 37 25 offense of OWI, the bill increases the driver's license 37 26 revocation period from one year to two years if the person 37 27 submitted to a chemical test, and from two years to four years 37 28 if the person refused the chemical test. For a third offense 37 29 of OWI, the bill strikes the driver's license revocation period 37 30 of six years, requires the DOT to revoke a person's driver's 37 31 license permanently, and provides that such a person is not 37 32 eligible for a temporary restricted license. If a person 37 33 guilty of any OWI offense seriously injures or kills another 37 34 person, the bill also requires the DOT to revoke the person's 37 35 driver's license permanently and provides that such a person is 38 1 not eligible for a temporary restricted license. 38 2 Under Code section 321J.4B (motor vehicle impoundment or 38 3 immobilization), the bill removes from the definition of 38 4 "immobilized" the installation of an ignition interlock device 38 5 of a type approved by the commissioner of public safety. The 38 6 bill increases the penalty for an owner of a vehicle impounded 38 7 or immobilized, who knows of, should have known of, or gives 38 8 consent to the operation of the vehicle by a person with a 38 9 revoked driver's license due to an OWI violation from a simple 38 10 misdemeanor to a serious misdemeanor. A serious misdemeanor 38 11 is punishable by up to one year in prison and a fine of at 38 12 least $315 but not to exceed $1,875. The bill also increases 38 13 the minimum period of impoundment or immobilization from 180 38 14 days to one year. In addition, the bill provides that a person 38 15 who operates a vehicle with a revoked driver's license due to 38 16 a second or subsequent OWI violation must have the person's 38 17 vehicle seized and forfeited to the state. The bill also 38 18 updates certain references in Code chapter 809A (forfeiture 38 19 reform Act). 38 20 Under current law, a preliminary screening test is 38 21 prohibited from being used in any court action except to 38 22 prove that a chemical test was properly requested of a person 38 23 pursuant to Code chapter 321J. The bill specifies that the 38 24 results of a breath test administered after a preliminary 38 25 screening test by a certified operator using a portable breath 38 26 testing instrument may be used as evidence in any court action. 38 27 Current law provides for an expedited warrant procedure to 38 28 withdrawal a specimen of breath, urine, or blood for chemical 38 29 testing from a person involved in a traffic accident that 38 30 has resulted in a death or personal injury reasonably likely 38 31 to cause death, and there are reasonable grounds to believe 38 32 that one or more persons whose driving may have been the 38 33 proximate cause of the accident were operating a vehicle while 38 34 intoxicated. The bill applies the expedited warrant procedure 38 35 to any person who refuses a chemical test where the officer 39 1 has reasonable grounds to believe the person was operating a 39 2 vehicle while intoxicated. 39 3 Current law requires a person guilty of operating while 39 4 intoxicated (OWI) to install an ignition interlock device in 39 5 the person's vehicle if the person seeks a temporary restricted 39 6 license, unless the person's alcohol concentration was less 39 7 than .10 and no accident occurred. This bill strikes that 39 8 exception, and also requires a person guilty of OWI to install 39 9 an ignition interlock device in the person's vehicle upon the 39 10 revocation of the person's driver's license rather than upon 39 11 the person's application for a temporary restricted license. 39 12 Under current law, an ignition interlock device is required 39 13 to be installed in a person's vehicle for the period of time 39 14 for which the person's temporary restricted license is issued, 39 15 and up to one additional year after license reinstatement 39 16 if the person has two or more OWI revocations. The bill 39 17 requires the permanent installation of an ignition interlock 39 18 device with one exception. If an ignition interlock device 39 19 was installed in a vehicle as a result of a person's first 39 20 OWI offense or revocation, the device must be uninstalled two 39 21 years after the date the person's driver's license revocation 39 22 period ends, 180 days after the date the person last failed a 39 23 test or retest by the device, or 180 days after the date the 39 24 person last failed to maintain the device as required under DPS 39 25 rules, whichever is later. However, the bill provides that an 39 26 ignition interlock device installed in a vehicle must not be 39 27 uninstalled if the person has been convicted of tampering with 39 28 or circumventing an ignition interlock device. 39 29 The bill provides that a test failure using an ignition 39 30 interlock device must be reported by the device or an entity 39 31 monitoring the device to the DOT. The bill also provides that 39 32 upon revocation, and at such times as the DOT may require, a 39 33 person must certify to the DOT that the person has installed 39 34 an ignition interlock device in all vehicles owned or operated 39 35 by the person. 40 1 The bill requires the DOT to assess a monthly ignition 40 2 interlock user fee to each user of an ignition interlock 40 3 device. All ignition interlock user fees will be collected 40 4 by the DOT and deposited in an ignition interlock indigent 40 5 user fund (IIIUF). The bill requires the DOT to use the moneys 40 6 in the IIIUF to assist indigent users of ignition interlock 40 7 devices in paying for the use of the devices. The amount of 40 8 the monthly ignition interlock user fee shall be set by the DOT 40 9 so that the moneys in the IIIUF are sufficient to assist all 40 10 indigent users of ignition interlock devices in paying for the 40 11 use of the devices. 40 12 Under the bill, a person is indigent if the person has an 40 13 income level at or below 125 percent of the U.S. poverty level 40 14 and the person is unable to pay for the cost of an ignition 40 15 interlock device. A person is also indigent if the person has 40 16 an income level greater than 125 percent, but at or below 200 40 17 percent, of the U.S. poverty level and paying for the ignition 40 18 interlock device would cause the person substantial hardship. 40 19 The bill increases the punishment for a person who 40 20 unintentionally causes the death of another person by operating 40 21 a vehicle while intoxicated from up to 25 years in prison to 40 22 up to 50 years in prison. In addition, the bill increases 40 23 the punishment for a person who unintentionally causes 40 24 serious injury to another person by operating a vehicle while 40 25 intoxicated from a class "D" felony to a class "C" felony. A 40 26 class "C" felony is punishable by up to 10 years in prison 40 27 and a fine of at least $1,000 but not more than $10,000. By 40 28 operation of law, this prohibits a person who unintentionally 40 29 causes serious injury to another person by operating a vehicle 40 30 while intoxicated from being admitted to bail under Code 40 31 section 811.1. 40 32 DIVISION III == PERSONS INVOLVED IN THE SALE OF ALCOHOLIC 40 33 BEVERAGES. The bill prohibits a person holding a liquor 40 34 control license or wine or beer permit (licensee or permittee) 40 35 for on=premises consumption from selling, dispensing, or giving 41 1 another person any alcoholic liquor, wine, or beer, if the 41 2 person's driver's license is marked to reflect that the person 41 3 has been convicted of an OWI offense or has had the person's 41 4 driver's license revoked due to an OWI violation. By operation 41 5 of law, a violation of this provision is a simple misdemeanor 41 6 and is grounds for the suspension or revocation of the license 41 7 or permit of the licensee or permittee under Code section 41 8 321.50, and may result in a civil penalty not to exceed $1,000. 41 9 The bill requires a licensee or permittee with an employee 41 10 who has served alcohol to an intoxicated person in violation 41 11 of Code section 321.49 to submit to the alcoholic beverages 41 12 division of the department of commerce or a local authority 41 13 a plan and procedure for the licensee or permittee to obtain 41 14 transportation for intoxicated persons on the premises of a 41 15 licensee's or permittee's business from the business to the 41 16 intoxicated person's home. Failure to submit such a plan 41 17 and procedure to the satisfaction of the division or local 41 18 authority is grounds for the suspension or revocation of the 41 19 license or permit of the licensee or permittee, and may result 41 20 in a civil penalty not to exceed $1,000. 41 21 The bill also requires an employee or prospective employee 41 22 of a licensee or permittee to complete or re=complete an 41 23 alcohol compliance employee training program if the employee, 41 24 prospective employee, or another employee of the licensee or 41 25 permittee is convicted of serving alcohol to an intoxicated 41 26 person or to a person with a driver's license marked to reflect 41 27 that the person has been convicted of an OWI offense or has had 41 28 the person's driver's license revoked due to an OWI violation. 41 29 The bill requires the person to attend the next available 41 30 alcohol compliance employee training program taking place 41 31 within 100 miles of the licensee's or permittee's business. LSB 1244YH (7) 87 ns/rh
