Iowa SF 2082: A bill for an act relating to Medicaid and children’s health insurance program coverage for mental health services provided in school-based settings.

Bill Text

Senate
File
2082
-
Introduced

SENATE
FILE
2082

BY
GREEN

A
BILL
FOR

An
Act
relating
to
implied
consent
to
test
specimens
of
1

a
person’s
blood,
breath,
or
urine
following
a
motor
2

vehicle
accident
resulting
in
death,
and
making
penalties
3

applicable.
4

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5

TLSB
5785XS
(4)
91

th/ns

S.F.
2082

Section
1.
Section
321J.5,
subsection
1,
paragraph
b,
Code
1

2026,
is
amended
to
read
as
follows:
2

b.
The
operator
has
been
involved
in
a
motor
vehicle
3

collision
resulting
in
injury
or
death

.
4

Sec.
2.
Section
321J.6,
subsection
1,
paragraph
b,
Code
5

2026,
is
amended
to
read
as
follows:
6

b.
The
person
has
been
involved
in
a
motor
vehicle
accident
7

or
collision
resulting
in
personal
injury
or
death
.
8

Sec.
3.
Section
321J.6,
Code
2026,
is
amended
by
adding
the
9

following
new
subsection:
10

NEW
SUBSECTION

.
1A.
A
person
who
operates
a
motor
vehicle
11

in
this
state
and
who
was
involved
in
a
motor
vehicle
accident
12

or
collision
resulting
in
death
is
deemed
to
have
given
consent
13

to
the
withdrawal
of
specimens
of
the
person’s
blood,
breath,
14

or
urine
and
to
a
chemical
test
or
tests
of
the
specimens
15

for
the
purpose
of
determining
the
alcohol
concentration
or
16

presence
of
a
controlled
substance
or
other
drugs,
subject
to
17

this
section.
18

Sec.
4.
Section
321J.9,
subsection
1,
unnumbered
paragraph
19

1,
Code
2026,
is
amended
to
read
as
follows:
20

If
a
person
refuses
to
submit
to
the
chemical
testing,
a
test
21

shall
not
be
given,
but
the
department,
upon
the
receipt
of
the
22

peace
officer’s
certification,
subject
to
penalty
for
perjury,
23

that
the
officer
had
reasonable
grounds
to
believe
the
person
24

to
have
been
operating
a
motor
vehicle
in
violation
of
section
25

321J.2
or
321J.2A
,
if
applicable,

that
specified
conditions
26

existed
for
chemical
testing
pursuant
to
section
321J.6
,
and
27

that
the
person
refused
to
submit
to
the
chemical
testing,
28

shall
revoke
the
person’s
driver’s
license
and
any
nonresident
29

operating
privilege
for
the
following
periods
of
time:
30

Sec.
5.
Section
321J.12,
subsection
1,
unnumbered
paragraph
31

1,
Code
2026,
is
amended
to
read
as
follows:

32

Upon
certification,
subject
to
penalty
for
perjury,
by
33

the
peace
officer
that
there
existed
reasonable
grounds
to
34

believe
that
the
person
had
been
operating
a
motor
vehicle
in
35

-1-

LSB
5785XS
(4)
91

th/ns
1/
4

S.F.
2082

violation
of
section
321J.2
,
if
applicable,
that
there
existed
1

one
or
more
of
the
necessary
conditions
for
chemical
testing
2

described
in
section
321J.6,
subsection
1
or
1A

,
and
that
the
3

person
submitted
to
chemical
testing
and
the
test
results
4

indicated
the
presence
of
a
controlled
substance
or
other
drug,
5

or
an
alcohol
concentration
equal
to
or
in
excess
of
the
level
6

prohibited
by
section
321J.2
,
or
a
combination
of
alcohol
and
7

another
drug
in
violation
of
section
321J.2
,
the
department
8

shall
revoke
the
person’s
driver’s
license
or
nonresident
9

operating
privilege
for
the
following
periods
of
time:
10

Sec.
6.
Section
321J.12,
subsection
5,
Code
2026,
is
amended
11

to
read
as
follows:
12

5.
Upon
certification,
subject
to
penalty
of
perjury,
by
13

the
peace
officer
that
there
existed
reasonable
grounds
to
14

believe
that
the
person
had
been
operating
a
motor
vehicle
in
15

violation
of
section
321J.2A
,
if
applicable,

that
there
existed
16

one
or
more
of
the
necessary
conditions
for
chemical
testing
17

described
in
section
321J.6,
subsection
1
or
1A

,
and
that
the
18

person
submitted
to
chemical
testing
and
the
test
results
19

indicated
an
alcohol
concentration
of
.02
or
more
but
less
20

than
.08,
the
department
shall
revoke
the
person’s
driver’s
21

license
or
operating
privilege
for
a
period
of
sixty
days
if
22

the
person
has
had
no
previous
revocation
under
this
chapter
,
23

and
for
a
period
of
ninety
days
if
the
person
has
had
a
previous
24

revocation
under
this
chapter
.
25

Sec.
7.
Section
321J.13,
subsection
2,
unnumbered
paragraph
26

1,
Code
2026,
is
amended
to
read
as
follows:

27

The
department
shall
grant
the
person
an
opportunity
to
be
28

heard
within
forty-five
days
of
receipt
of
a
request
for
a
29

hearing
if
the
request
is
made
not
later
than
ten
days
after
30

receipt
of
notice
of
revocation
served
pursuant
to
section
31

321J.9
or
321J.12
.
The
hearing
shall
be
before
the
department
32

in
the
county
where
the
alleged
events
occurred,
unless
the
33

director
and
the
person
agree
that
the
hearing
may
be
held
in
34

some
other
county,
or
the
hearing
may
be
held
by
telephone
35

-2-

LSB
5785XS
(4)
91

th/ns
2/
4

S.F.
2082

conference
at
the
discretion
of
the
agency
conducting
the
1

hearing.
The
hearing
may
be
recorded
and
its
scope
shall
be
2

limited
to
the
issues
of
whether
a
peace
officer
had
reasonable
3

grounds
to
believe
that
the
person
was
operating
a
motor
4

vehicle
in
violation
of
section
321J.2
or
321J.2A
,
if
r