Text: S03145 Text: S03147 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 290 as follows: 1 2 #1. Page 12, by inserting after line 20 the 1 3 following: 1 4 "Sec. . Section 321.210A, subsection 3, Code 1 5 1995, is amended to read as follows: 1 6 3. Upon receipt of a report of a failure to pay 1 7 the fine, penalty, surcharge, or court costs from the 1 8 clerk of the district court, the department shall in 1 9 accordance with its rules, suspend the person's motor 1 10 vehicle license until the fine, penalty, surcharge, or 1 11 court costs are paid, unless the person proves to the 1 12 satisfaction of the department that the person cannot 1 13 pay the fine, penalty, surcharge, or court costs. A 1 14 suspension of a person's motor vehicle license under 1 15 this section shall not, by itself, render the person 1 16 ineligible for issuance of a temporary restricted 1 17 license under section 321.215, subsection 1. 1 18 Sec. . Section 321.215, subsection 2, 1 19 unnumbered paragraph 1, Code 1995, is amended to read 1 20 as follows: 1 21 Upon conviction and the suspension or revocation of 1 22 a person's motor vehicle license under section 1 23 321.209, subsection 5, 6, or 8; 321.210;321.210A;or 1 24 321.513; or upon the denial of issuance of a motor 1 25 vehicle license under section 321.560, based solely on 1 26 offenses enumerated in section 321.555, subsection 1, 1 27 paragraph "c", or section 321.555, subsection 2, and 1 28 upon the denial by the director of an application for 1 29 a temporary restricted license, a person may apply to 1 30 the district court having jurisdiction for the 1 31 residence of the person for a temporary restricted 1 32 permit to operate a motor vehicle for the limited 1 33 purpose or purposes specified in subsection 1. The 1 34 application may be granted only if all of the 1 35 following criteria are satisfied: 1 36 Sec. . Section 321.215, subsection 2, paragraph 1 37 d, unnumbered paragraph 1, Code 1995, is amended to 1 38 read as follows: 1 39 Proof of financial responsibility is established as 1 40 defined in chapter 321A. However, such proof is not 1 41 required if the motor vehicle license was suspended 1 42 under section321.210A or321.513 or revoked under 1 43 section 321.209, subsection 8." 1 44 #2. Page 13, by inserting after line 34 the 1 45 following: 1 46 "Sec. . Section 321.559, Code 1995, is amended 1 47 to read as follows: 1 48 321.559 FINDING OF COURT. 1 49 If the court finds that the defendant is not the 1 50 same person named in the abstract, or that the 2 1 defendant is notana habitual offender as provided in 2 2 this division, the proceeding shall be dismissed. If 2 3 the court finds that the defendant isana habitual 2 4 offender, the court shall by appropriate judgment 2 5 direct that such person not operate a motor vehicle on 2 6 the highways of this state for the period specified in 2 7 section 321.560. In such case the defendant shall 2 8 surrender to the court all licenses or permits to 2 9 operate a motor vehicle upon the highways of this 2 10 state. The clerk of the court shall transmit a copy 2 11 of such judgment together with any licenses or permits 2 12 surrendered to the department of transportation. 2 13 However, the court shall provide that a person may 2 14 operate upon the highways of the state if the person 2 15 is granted a temporary restricted permit under section 2 16 321.215, subsection 2. 2 17 Sec. . Section 321.560, Code 1995, is amended 2 18 to read as follows: 2 19 321.560 BARRED FOR SIX YEARS. 2 20 A license to operate a motor vehicle in this state 2 21 shall not be issued to any person declared to beana 2 22 habitual offender under section 321.555, subsection 1 2 23 for a period of not less than two years nor more than 2 24 six years from the date of judgment as ordered by the 2 25 court. However, a temporary restricted permit may be 2 26 issued to a person declared to be a habitual offender 2 27 under section 321.555, subsection 1, paragraph "c", 2 28 pursuant to section 321.215, subsection 2. A license 2 29 to operate a motor vehicle in this state shall not be 2 30 issued to any person declared to beana habitual 2 31 offender under section 321.555, subsection 2, for a 2 32 period of one year from the date of judgment. 2 33 Sec. . Section 321.561, Code 1995, is amended 2 34 to read as follows: 2 35 321.561 PUNISHMENT FOR VIOLATION. 2 36 It shall be unlawful for any person convicted asan2 37 a habitual offender to operate any motor vehicle in 2 38 this state during the period of time specified in 2 39 section 321.560 except for a habitual offender who has 2 40 been granted a temporary restricted permit pursuant to 2 41 section 321.215, subsection 2. This conviction shall 2 42 constitute an aggravated misdemeanor." 2 43 #3. Page 14, by inserting after line 22 the 2 44 following: 2 45 "Sec. . Section 321J.17, Code 1995, is amended 2 46 to read as follows: 2 47 321J.17 CIVIL PENALTY &endash; DISPOSITION &endash; 2 48 REINSTATEMENT. 2 49 When the department revokes a person's motor 2 50 vehicle license or nonresident operating privilege 3 1 under this chapter, the department shall assess the 3 2 person a civil penalty of two hundred dollars. The 3 3 money collected by the department under this section 3 4 shall be transmitted to the treasurer of state who 3 5 shall deposit one-half of the money in the separate 3 6 fund established in section 912.14 and one-half of the 3 7 money shall be deposited in the general fund of the 3 8 state. Atemporary restricted license shall not be3 9issued or amotor vehicle license or nonresident 3 10 operating privilege shall not be reinstated until the 3 11 civil penalty has been paid." 3 12 #4. By renumbering as necessary. 3 13 3 14 3 15 3 16 JIM LIND 3 17 3 18 3 19 3 20 MARY LUNDBY 3 21 3 22 3 23 3 24 RICHARD F. DRAKE 3 25 SF 290.201 76 3 26 ec/jj
Text: S03145 Text: S03147 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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