Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 2261 – Ignition Interlock Devices (LSB5491SV.2)
Staff Contact: Garry Martin (515.281.4611) garry.martin@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 2261 requires the installation of an ignition interlock device (IID) on all vehicles
operated by a person whose driver’s license is revoked for operating while intoxicated (OWI)
prior to the issuance of a temporary restricted license (TRL). This requirement applies
regardless of whether the person has had previous convictions or revocations under Iowa Code
chapter 321J.
The Bill makes the following changes:
• Prohibits an IID provider from imposing an early termination fee.
• Establishes compliance-based removal provisions that extend the period of time a person is
   required to maintain an IID for multiple violations in a certain time period, as well as
   tampering with or removing the device.
• Amends an existing penalty for circumventing or tampering with an IID to include the
   removal of an IID. The penalty for this action is a serious misdemeanor.
• Requires the Department of Transportation (DOT) to develop an electronic process for an
   approved IID provider to identify the start date of a driver’s license revocation and to provide
   notice of any violations and a final compliance report.
• Establishes reporting requirements for IID providers.
• Requires the DOT to establish procedures by administrative rule to waive IID requirements
   under Iowa Code chapter 321J for individuals with a verifiable medical condition that makes
   a person incapable of properly operating an IID.
The Bill takes effect January 1, 2025, and is applicable to license revocations that occur on or
after the effective date.
Background
Currently, a person whose driver’s license is revoked for OWI or for refusing to the implied
consent to test a person’s blood, breath, or urine is required to install an IID before being issued
a TRL by the DOT. The IID must be installed on every vehicle operated by the person if the
person has no previous revocation under Iowa Code chapter 321J, and on every vehicle owned
or operated by the person if the person has had a previous conviction or revocation under Iowa
Code chapter 321J.
The Department of Public Safety establishes by administrative rule the level of alcohol
concentration beyond which an IID will not allow the operation of the motor vehicle. The current
level is 0.025 under 661 IAC 158.6.
Currently, a person with a second or subsequent driver’s license revocation for OWI is required
to install an IID for a minimum of one year after reinstatement of a full driver’s license (not a
TRL). The one-year period will be reduced by any time a person had an IID installed on a
person’s vehicle while operating with a TRL.
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Under current law, a person found guilty of violating Iowa Code section 321J.2 for the first time
commits a serious misdemeanor, which can result in a period of imprisonment in county jail of at
least 48 hours but not more than 1 year and a $1,250 fine. The person’s driver’s license is
revoked for a period of 180 days, but the person may be eligible to be issued a TRL.
In FY 2023, there were 5 convictions under Iowa Code sections 321J.4(8)(f) and 321J.20(7) for
tampering with or circumventing an IID, 2 convictions for failure to install pursuant to Iowa Code
section 321J.4(8)(e), and 74 convictions under Iowa Code section 321J.4(8)(c) for operating a
vehicle without installing an IID.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
   patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and
   other criminal justice system policies and practices.
• A delay of six months is assumed from the effective date of this Bill to the date of first entry
   of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
   this analysis, the marginal cost for county jails is assumed to be $50 per day.
• The DOT estimates a one-time information technology (IT) programming cost.
Correctional Impact
Since SF 2261 amends an existing serious misdemeanor, it is unknown how many additional
convictions would occur. As a result, the correctional impact of the Bill cannot be determined
due to a lack of data. Figure 1 provides estimates for sentencing to State prison, parole,
probation, or Community-Based Corrections (CBC) residential facilities; LOS under those
supervisions; and supervision marginal costs per day for all serious misdemeanor convictions.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly,
Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for
information related to the correctional system.
                           Figure 1 — Sentencing Estimate and Length of Stay (LOS)
                                         FY 23                     FY 23
                                       Avg LOS    FY 23           Avg LOS            Percent   FY 23   Percent   Avg               FY 23   FY 23
                           Percent     In Prison Marginal Percent    on     FY 23   Sentenced Marginal Ordered Length of Marginal Avg LOS Marginal
                           Ordered    In Months Cost Per Ordered Probation Avg Cost  to CBC Cost Per      to    Stay in   Cost       on   Cost Per
                           to State       (All     Day      to       In    Per Day Residential  Day    County   County Per Day Parole In    Day
Conviction Offense Class    Prison    Releases) Prison Probation Months Probation    Facility   CBC      Jail     Jail     Jail   Months   Parole
Serious Misdemeanor          1.7%         6.6    $24.94   53.0%     19.2    $7.67     1.2%     $20.00   74.2%    N/A     $50.00     N/A    $7.67
Minority Impact
The minority impact cannot be determined due to a lack of data. Refer to the LSA memo
addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for
information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact cannot be estimated due to a lack of data. The penalty for a serious
misdemeanor is an average State cost of a minimum of $400 and a maximum of $6,859. The
estimated cost to the State General Fund includes costs incurred by the Judicial Branch, the
Indigent Defense Fund, and the Department of Corrections (DOC). In addition, the DOT
estimates one-time IT programming costs of approximately $34,000 resulting from the Bill.
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Sources
Criminal and Juvenile Justice Planning, Department of Management
Iowa Department of Transportation
                                                                             /s/ Jennifer Acton
                                                                                  May 9, 2024
Doc ID 1448821
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
                                                 www.legis.iowa.gov
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Statutes affected: 
Introduced: 321J.2, 321J.4, 321J.9, 321J.20
Reprinted: 321J.4, 321J.9, 321J.12, 321J.17
Enrolled: 321J.4, 321J.9, 321J.12, 321J.17