Text: SF00184 Text: SF00186 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.210A, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. Upon receipt of a report of a failure to pay the fine, 1 4 penalty, surcharge, or court costs from the clerk of the 1 5 district court, the department shall in accordance with its 1 6 rules, suspend the person's motor vehicle license until the 1 7 fine, penalty, surcharge, or court costs are paid, unless the 1 8 person proves to the satisfaction of the department that the 1 9 person cannot pay the fine, penalty, surcharge, or court 1 10 costs. A suspension of a person's motor vehicle license under 1 11 this section shall not, by itself, render the person 1 12 ineligible for issuance of a temporary restricted license 1 13 under section 321.215, subsection 1. 1 14 Sec. 2. Section 321.215, subsection 2, unnumbered 1 15 paragraph 1, Code 1995, is amended to read as follows: 1 16 Upon conviction and the suspension or revocation of a 1 17 person's motor vehicle license under section 321.209, 1 18 subsection 5, 6, or 8; 321.210;321.210A;or 321.513; or upon 1 19 the denial of issuance of a motor vehicle license under 1 20 section 321.560, based solely on offenses enumerated in 1 21 section 321.555, subsection 1, paragraph "c", or section 1 22 321.555, subsection 2, and upon the denial by the director of 1 23 an application for a temporary restricted license, a person 1 24 may apply to the district court having jurisdiction for the 1 25 residence of the person for a temporary restricted permit to 1 26 operate a motor vehicle for the limited purpose or purposes 1 27 specified in subsection 1. The application may be granted 1 28 only if all of the following criteria are satisfied: 1 29 Sec. 3. Section 321.215, subsection 2, paragraph d, 1 30 unnumbered paragraph 1, Code 1995, is amended to read as 1 31 follows: 1 32 Proof of financial responsibility is established as defined 1 33 in chapter 321A. However, such proof is not required if the 1 34 motor vehicle license was suspended under section321.210A or1 35 321.513 or revoked under section 321.209, subsection 8. 2 1 Sec. 4. Section 321.559, Code 1995, is amended to read as 2 2 follows: 2 3 321.559 FINDING OF COURT. 2 4 If the court finds that the defendant is not the same 2 5 person named in the abstract, or that the defendant is notan2 6 a habitual offender as provided in this division, the 2 7 proceeding shall be dismissed. If the court finds that the 2 8 defendant isana habitual offender, the court shall by 2 9 appropriate judgment direct that such person not operate a 2 10 motor vehicle on the highways of this state for the period 2 11 specified in section 321.560. In such case the defendant 2 12 shall surrender to the court all licenses or permits to 2 13 operate a motor vehicle upon the highways of this state. The 2 14 clerk of the court shall transmit a copy of such judgment 2 15 together with any licenses or permits surrendered to the 2 16 department of transportation. However, the court shall 2 17 provide that a person may operate upon the highways of the 2 18 state if the person is granted a temporary restricted permit 2 19 under section 321.215, subsection 2. 2 20 Sec. 5. Section 321.560, Code 1995, is amended to read as 2 21 follows: 2 22 321.560 BARRED FOR SIX YEARS. 2 23 A license to operate a motor vehicle in this state shall 2 24 not be issued to any person declared to beana habitual 2 25 offender under section 321.555, subsection 1 for a period of 2 26 not less than two years nor more than six years from the date 2 27 of judgment as ordered by the court. However, a temporary 2 28 restricted permit may be issued to a person declared to be a 2 29 habitual offender under section 321.555, subsection 1, 2 30 paragraph "c", pursuant to section 321.215, subsection 2. A 2 31 license to operate a motor vehicle in this state shall not be 2 32 issued to any person declared to beana habitual offender 2 33 under section 321.555, subsection 2, for a period of one year 2 34 from the date of judgment. 2 35 Sec. 6. Section 321.561, Code 1995, is amended to read as 3 1 follows: 3 2 321.561 PUNISHMENT FOR VIOLATION. 3 3 It shall be unlawful for any person convicted asana 3 4 habitual offender to operate any motor vehicle in this state 3 5 during the period of time specified in section 321.560 except 3 6 for a habitual offender who has been granted a temporary 3 7 restricted permit pursuant to section 321.215, subsection 2. 3 8 This conviction shall constitute an aggravated misdemeanor. 3 9 Sec. 7. Section 321J.17, Code 1995, is amended to read as 3 10 follows: 3 11 321J.17 CIVIL PENALTY &endash; DISPOSITION &endash; REINSTATEMENT. 3 12 When the department revokes a person's motor vehicle 3 13 license or nonresident operating privilege under this chapter, 3 14 the department shall assess the person a civil penalty of two 3 15 hundred dollars. The money collected by the department under 3 16 this section shall be transmitted to the treasurer of state 3 17 who shall deposit one-half of the money in the separate fund 3 18 established in section 912.14 and one-half of the money shall 3 19 be deposited in the general fund of the state. Atemporary3 20restricted license shall not be issued or amotor vehicle 3 21 license or nonresident operating privilege shall not be 3 22 reinstated until the civil penalty has been paid. 3 23 EXPLANATION 3 24 This bill adds language, to the statute which provides for 3 25 the suspension of a person's driver's license for failure to 3 26 pay a fine, penalty, surcharge, or court costs, that allows 3 27 the person to remain eligible for receipt of a temporary 3 28 restricted license upon application to the state department of 3 29 transportation. Suspension for failure to pay civil penalties 3 30 is also added to the list of items in that statute, enabling 3 31 those individuals to also remain eligible for a temporary 3 32 restricted license. Currently those persons whose licenses 3 33 are suspended for nonpayment of fines, penalties, surcharges, 3 34 or court costs are not eligible to receive a temporary 3 35 restricted license from the department although they may apply 4 1 to the court, after application for and denial of issuance of 4 2 a temporary restricted license by the department for such a 4 3 license. The court, however, is given authority to grant the 4 4 temporary restricted license only under certain very limited 4 5 circumstances, which are also expanded under the bill to allow 4 6 a person, whose license is denied or barred as a habitual 4 7 offender because of driving while a license is suspended, 4 8 revoked, or barred, to also seek a temporary restricted 4 9 license. Temporary restricted licenses are commonly referred 4 10 to as work permits. 4 11 LSB 1720SS 76 4 12 lh/jw/5
Text: SF00184 Text: SF00186 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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