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Senate
File
2355
-
Introduced
SENATE
FILE
2355
BY
LOFGREN
A
BILL
FOR
An
Act
relating
to
intelligent
speed
assistance
devices
on
1
motor
vehicles,
making
penalties
applicable,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.177,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10.
To
any
person
whose
driver’s
license
3
was
revoked
under
section
321.209,
subsection
1,
paragraph
“h”
4
or
“i”
,
or
section
321.209,
subsection
2,
who
has
not
complied
5
with
section
321.215,
subsection
1A.
6
Sec.
2.
Section
321.209,
Code
2026,
is
amended
to
read
as
7
follows:
8
321.209
Mandatory
revocation.
9
1.
The
department,
upon
thirty
days’
notice
and
without
10
preliminary
hearing,
shall
revoke
the
license
or
operating
11
privilege
of
an
operator
upon
receiving
a
record
of
the
12
operator’s
conviction
for
any
of
the
following
offenses,
when
13
such
conviction
has
become
final:
14
1.
a.
Manslaughter
resulting
from
the
operation
of
a
motor
15
vehicle.
16
2.
b.
A
felony
if
during
the
commission
of
the
felony
a
17
motor
vehicle
is
used.
18
3.
c.
Failure
to
stop
and
render
aid
as
required
under
the
19
laws
of
this
state
or
to
otherwise
comply
with
section
321.261
20
in
the
event
of
a
motor
vehicle
accident
resulting
in
the
death
21
or
personal
injury
of
another.
22
4.
d.
Perjury
or
the
making
of
a
false
affidavit
or
23
statement
under
oath
to
the
department
under
this
chapter
or
24
under
any
other
law
relating
to
the
ownership
or
operation
of
25
motor
vehicles.
26
5.
e.
Conviction,
or
forfeiture
of
bail
not
vacated,
upon
27
two
charges
A
second
or
subsequent
charge
of
reckless
driving.
28
6.
f.
Conviction
of
drag
Drag
racing.
29
7.
g.
Eluding
or
attempting
to
elude
a
law
enforcement
30
vehicle
as
provided
in
section
321.279
.
31
h.
Exceeding
a
speed
limit
with
a
detected
speed
of
ten
32
miles
per
hour
or
more
in
excess
of
the
speed
limit
if
the
speed
33
limit
was
forty
miles
per
hour
or
lower,
if
not
revoked
under
34
subsection
2.
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i.
Exceeding
a
speed
limit
with
a
detected
speed
of
twenty
1
miles
per
hour
or
more
in
excess
of
the
speed
limit
if
the
speed
2
limit
was
higher
than
forty
miles
per
hour,
if
not
revoked
3
under
subsection
2.
4
2.
Upon
certification,
subject
to
penalty
for
perjury,
by
a
5
peace
officer
who
issues
a
citation
for
exceeding
a
speed
limit
6
to
a
person
who
operated
a
motor
vehicle
with
a
detected
speed
7
described
in
subsection
1,
paragraph
“h”
or
“i”
,
the
department
8
shall
revoke
the
person’s
driver’s
license.
9
a.
The
peace
officer
who
detected
the
excessive
speed
10
may,
on
behalf
of
the
department,
serve
immediate
notice
of
11
intention
to
revoke
and
of
revocation
on
the
person.
If
the
12
peace
officer
serves
immediate
notice,
the
peace
officer
shall
13
take
the
Iowa
driver’s
license
of
the
person,
if
any,
and
issue
14
a
temporary
license
effective
for
ten
days.
The
peace
officer
15
shall
immediately
send
the
person’s
license
to
the
department
16
along
with
the
officer’s
certificate
indicating
the
person’s
17
detected
excessive
speed.
18
b.
A
person
whose
driver’s
license
is
revoked
under
this
19
subsection
may
appeal
the
revocation
in
the
manner
provided
to
20
a
person
suspected
of
violating
section
321J.2
as
provided
in
21
section
321J.13.
22
c.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
23
to
administer
this
subsection.
24
Sec.
3.
Section
321.212,
subsection
1,
paragraphs
b
and
c,
25
Code
2026,
are
amended
to
read
as
follows:
26
b.
The
department
shall
not
revoke
a
license
under
the
27
provisions
of
section
321.209,
subsection
5
1,
paragraph
28
“e”
,
for
more
than
thirty
days
nor
less
than
five
days
as
29
recommended
by
the
trial
court.
30
c.
The
department
shall
revoke
a
license
for
six
months
31
for
a
first
offense
under
the
provisions
of
section
321.209,
32
subsection
6
1,
paragraph
“f”
,
where
the
violation
charged
did
33
not
result
in
a
personal
injury
or
damage
to
property.
34
Sec.
4.
Section
321.215,
subsection
1,
paragraph
b,
Code
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2026,
is
amended
to
read
as
follows:
1
b.
However,
a
temporary
restricted
license
shall
not
2
be
issued
to
a
person
whose
license
is
revoked
pursuant
to
3
a
court
order
issued
under
section
321.209,
subsections
1
4
through
5
subsection
1,
paragraphs
“a”
through
“d”
;
to
a
5
juvenile
whose
license
has
been
suspended
or
revoked
pursuant
6
to
a
dispositional
order
under
section
232.52,
subsection
7
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
or
453B
or
8
section
126.3
;
to
a
juvenile
whose
license
has
been
suspended
9
under
section
321.213B
;
or
to
a
person
whose
license
has
been
10
suspended
pursuant
to
a
court
order
under
section
714.7D
.
A
11
temporary
restricted
license
may
be
issued
to
a
person
whose
12
license
is
revoked
under
section
321.209,
subsection
6
1,
13
paragraph
“f”
,
only
if
the
person
has
no
previous
drag
racing
14
convictions.
A
person
holding
a
temporary
restricted
license
15
issued
by
the
department
under
this
section
shall
not
operate
16
a
motor
vehicle
for
pleasure.
17
Sec.
5.
Section
321.215,
Code
2026,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
1A.
The
department
shall
not
issue
a
20
temporary
restricted
license
to
a
person
whose
driver’s
license
21
was
revoked
under
section
321.209,
subsection
1,
paragraph
“h”
22
or
“i”
,
or
section
321.209,
subsection
2,
unless
the
person
23
certifies
that
the
person’s
vehicle
has
an
intelligent
speed
24
assistance
device
installed
in
accordance
with
section
321.286.
25
A
temporary
restricted
license
issued
to
a
person
under
this
26
subsection
is
valid
for
one
year.
27
Sec.
6.
Section
321.215,
subsection
2,
unnumbered
paragraph
28
1,
Code
2026,
is
amended
to
read
as
follows:
29
Upon
conviction
and
the
suspension
or
revocation
of
a
30
person’s
noncommercial
driver’s
license
under
section
321.209,
31
subsection
5,
6,
or
7
1,
paragraph
“e”
,
“f”
,
or
“g”
,
or
section
32
321.210
,
321.210A
,
or
321.513
;
or
upon
the
denial
of
issuance
33
of
a
noncommercial
driver’s
license
under
section
321.560
,
34
based
solely
on
offenses
enumerated
in
section
321.555,
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subsection
1
,
paragraph
“c”
,
or
section
321.555,
subsection
1
2
;
or
upon
suspension
or
revocation
of
a
juvenile’s
driver’s
2
license
pursuant
to
a
dispositional
order
under
section
232.52,
3
subsection
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
4
or
453B
,
or
section
126.3
;
or
upon
suspension
of
a
driver’s
5
license
pursuant
to
a
court
order
under
section
714.7D
,
the
6
person
may
apply
to
the
department
for
a
temporary
restricted
7
license
to
operate
a
motor
vehicle
for
the
limited
purpose
or
8
purposes
specified
in
subsection
1
.
The
application
may
be
9
granted
only
if
all
of
the
following
criteria
are
satisfied:
10
Sec.
7.
NEW
SECTION
.
321.286
Intelligent
speed
assistance
11
device.
12
1.
a.
A
person
who
is
required
to
have
an
intelligent
speed
13
assistance
device
installed
on
a
motor
vehicle
as
a
condition
14
for
operating
a
motor
vehicle
under
a
temporary
restricted
15
license
issued
pursuant
to
section
321.215,
subsection
16
1A,
shall
not
operate
a
motor
vehicle
without
an
approved
17
intelligent
speed
assistance
device
installed.
18
b.
A
person
shall
not
tamper
with,
circumvent,
or
remove
an
19
intelligent
speed
assistance
device,
unless
authorized
by
the
20
department.
21
c.
The
department
shall
cancel
the
temporary
restricted
22
license
of
a
person
who
operates
a
motor
vehicle
in
violation
23
of
paragraph
“a”
or
“b”
.
24
2.
a.
The
commissioner
of
public
safety
shall
adopt
rules
25
pursuant
to
chapter
17A
to
approve
certain
intelligent
speed
26
assistance
devices,
the
means
of
installation
of
the
devices,
27
and
a
process
for
persons
deemed
to
have
limited
resources
to
28
be
eligible
for
a
discount
on
intelligent
speed
assistance
29
device
fees,
and
shall
establish
the
speed
beyond
which
an
30
intelligent
speed
assistance
device
will
not
allow
operation
of
31
the
motor
vehicle
in
which
it
is
installed.
The
commissioner
32
may
adjust
intelligent
speed
assistance
device
requirements
33
based
on
findings
and
emerging
best
practices
in
intelligent
34
speed
assistance
device
technology.
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b.
The
commissioner
of
public
safety
shall
not
approve
an
1
intelligent
speed
assistance
device
if
the
device
collects
2
unnecessary
data
not
related
to
the
device’s
proper
function,
3
as
determined
by
the
commissioner,
or
if
the
device
vendor
does
4
not
minimize
storage
of
sensitive
or
location
data
or
implement
5
sufficient
security
protections.
6
c.
Data
related
to
the
use
of
an
intelligent
speed
7
assistance
device
may
be
shared
with
the
department
or
a
court.
8
Data
collected
by
an
intelligent
speed
assistance
device
shall
9
not
be
sold,
licensed,
or
used
for
commercial
purposes.
Data
10
related
to
the
use
of
an
intelligent
speed
assistance
device
11
shall
not
otherwise
be
shared
except
under
any
of
the
following
12
circumstances:
13
(1)
When
required
by
a
court
order.
14
(2)
In
accordance
with
another
law.
15
(3)
If
the
data
is
not
personalized
and
is
aggregated
for
16
research
or
evaluation
purposes.
17
3.
A
motor
vehicle
manufacturer,
importer,
or
dealer
is
not
18
liable
for
any
loss,
injury,
or
damages
caused
by
the
design,
19
manufacture,
installation,
improper
installation,
use,
or
20
misuse
of
an
intelligent
speed
assistance
device.
However,
a
21
motor
vehicle
manufacturer,
importer,
or
dealer
is
liable
for
22
damages
if
the
manufacturer,
distributor,
or
retailer
knowingly
23
engages
in
a
repair
or
update
to
the
intelligent
speed
24
assistance
device
and
such
repair
or
update
proximately
causes
25
loss,
injury,
or
damage.
This
section
does
not
require
a
motor
26
vehicle
manufacturer,
importer,
or
dealer
to
manufacture,
27
distribute,
or
offer
for
sale
a
motor
vehicle
that
includes
28
or
is
compatible
with
an
intelligent
speed
assistance
device.
29
This
section
does
not
prohibit
a
lessor
or
lienholder
from
30
requiring
a
motor
vehicle
lessee
or
owner
to
notify
the
lessor
31
or
lienholder
that
an
intelligent
speed
assistance
device
has
32
been
installed
on
a
motor
vehicle
that
is
subject
to
a
lease
or
33
finance
agreement.
34
4.
The
department
shall
submit
a
report
to
the
general
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assembly
on
or
before
the
second
Monday
in
January
each
year
1
and
shall
publish
the
report
on
the
department’s
internet
site.
2
The
report
must
summarize
intelligent
speed
assistance
device
3
use
data
and
include
the
number
of
participants,
recidivism
4
rates,
and
user
compliance.
5
5.
For
purposes
of
this
section,
“intelligent
speed
6
assistance
device”
means
an
aftermarket
device
that
uses
7
location-based
technology
to
automatically
regulate
vehicle
8
acceleration
and
speed
in
accordance
with
the
applicable
speed
9
limit
for
the
vehicle’s
current
location.
10
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
October
1,
11
2026.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
for
the
required
installation
and
16
regulation
of
intelligent
speed
assistance
devices
(ISAD)
on
17
motor
vehicles.
18
Under
the
bill,
the
department
of
transportation
is
required
19
to
revoke
the
driver’s
license
of
a
person
who
exceeds
a
speed
20
limit
by
10
miles
per
hour
(MPH)
or
more
if
the
speed
limit
was
21
40
MPH
or
lower,
or
by
20
MPH
or
more
if
the
speed
limit
was
22
higher
than
40
MPH.
A
peace
officer
is
authorized
to
serve
23
immediate
notice
of
the
revocation,
which
takes
effect
10
days
24
following
service
of
the
notice.
25
A
person
whose
driver’s
license
is
revoked
under
the
bill
is
26
not
eligible
to
receive
a
driver’s
license
unless
the
person
27
obtains
a
temporary
restricted
license
(TRL)
first.
A
person
28
is
eligible
to
be
issued
a
TRL
if
the
person
installs
an
ISAD
29
on
the
person’s
vehicle.
A
TRL
issued
pursuant
to
the
bill
is
30
valid
for
one
year.
31
A
person
who
operates
a
motor
vehicle
without
an
ISAD
32
installed,
or
who
tampers
with,
circumvents,
or
removes
an
ISAD
33
without
authorization,
is
subject
to
cancellation
of
the
TRL.
34
The
commissioner
of
public
safety
is
required
to
adopt
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administrative
rules
regarding
ISAD
vendor
requirements,
ISAD
1
financial
assistance
eligibility,
and
other
ISAD
processes
and
2
requirements.
3
The
bill
provides
liability
limitations
and
reporting
4
requirements.
5
By
operation
of
law,
a
person
who
does
an
act
forbidden
or
6
fails
to
perform
an
act
required
by
the
bill
commits
a
simple
7
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
8
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
9
more
than
$855.
10
The
bill
takes
effect
October
1,
2026.
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