Bill Text: IA SF364 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the Iowa sobriety and drug monitoring program. (Formerly SSB 1055.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-02 - Signed by Governor. S.J. 1195. [SF364 Detail]
Download: Iowa-2019-SF364-Enrolled.html
Senate
File
364
-
Enrolled
Senate
File
364
AN
ACT
RELATING
TO
THE
IOWA
SOBRIETY
AND
DRUG
MONITORING
PROGRAM.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321J.20,
subsection
9,
Code
2019,
is
amended
to
read
as
follows:
9.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
in
any
circumstance
in
which
this
chapter
requires
the
installation
of
an
ignition
interlock
device
in
all
vehicles
owned
or
operated
by
a
person
as
a
condition
of
the
person’s
license
or
privilege
to
operate
noncommercial
motor
vehicles,
the
department
shall
require
the
person
to
be
a
participant
in
and
in
compliance
with
a
sobriety
and
drug
monitoring
program
established
pursuant
to
chapter
901D
if
the
person’s
offense
under
this
chapter
qualifies
as
an
eligible
offense
as
defined
in
section
901D.2
,
and
the
person’s
offense
occurred
in
a
participating
jurisdiction,
as
defined
in
section
901D.2
.
The
requirement
to
participate
in
and
comply
with
a
sobriety
and
drug
monitoring
program
shall
continue
for
the
time
period
required
pursuant
to
section
901D.7.
The
participating
law
enforcement
agency
shall
notify
the
department
when
the
person
has
completed
participation
in
the
sobriety
and
drug
monitoring
program.
This
subsection
shall
Senate
File
364,
p.
2
not
apply
if
the
court
enters
an
order
finding
the
person
is
not
required
to
participate
in
a
sobriety
and
drug
monitoring
program.
The
department,
in
consultation
with
the
department
of
public
safety,
may
adopt
rules
for
issuing
and
accepting
a
certification
of
participation
in
and
compliance
with
a
program
established
pursuant
to
chapter
901D
.
This
subsection
shall
be
construed
and
implemented
to
comply
with
23
U.S.C.
§164(a),
as
amended
by
the
federal
Fixing
America’s
Surface
Transportation
Act,
Pub.
L.
No.
114-94,
§1414,
and
shall
not
apply
if
such
application
results
in
a
finding
of
noncompliance
with
23
U.S.C.
§164
that
results
or
will
result
in
a
reservation
or
transfer
of
funds
pursuant
to
23
U.S.C.
§164(b).
This
subsection
shall
not
authorize
the
operation
of
a
motor
vehicle
for
any
purpose
not
otherwise
authorized
by
this
chapter
.
Sec.
2.
Section
901D.7,
subsection
2,
Code
2019,
is
amended
to
read
as
follows:
2.
An
order
or
directive
placing
a
participant
in
the
program
shall
include
the
type
of
testing
required
to
be
administered
in
the
program
and
the
length
of
time
that
the
participant
is
required
to
remain
in
the
program
which
shall
be
for
no
less
than
ninety
days
.
The
order
or
directive
shall
additionally
require
that
the
participant
not
have
failed
a
test
result
or
have
missed
a
required
testing
during
the
thirty-day
period
immediately
preceding
the
end
of
participation
in
the
program.
The
person
issuing
the
order
or
directive
shall
send
a
copy
of
the
order
or
directive
to
the
law
enforcement
agency
of
the
participating
jurisdiction.
Sec.
3.
Section
901D.10,
Code
2019,
is
amended
to
read
as
follows:
901D.10
Report
and
repeal.
1.
The
department,
in
consultation
with
the
judicial
branch
and
the
department
of
transportation,
shall
by
December
1,
2021
2023
,
submit
a
report
to
the
general
assembly
detailing
the
effectiveness
of
the
program
established
pursuant
to
this
chapter
and
shall
make
recommendations
concerning
the
continued
implementation
of
the
program
or
the
elimination
of
the
program.
2.
This
chapter
is
repealed
July
1,
2022
2024
.
Senate
File
364,
p.
3
Sec.
4.
2017
Iowa
Acts,
chapter
76,
section
17,
is
amended
to
read
as
follows:
SEC.
17.
FUTURE
REPEAL.
This
division
of
this
Act
is
repealed
July
1,
2022
2024
.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
364,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
