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PAG LIN 1 1 Section 1. Section 321J.4, subsection 7, Code Supplement 1 2 1995, is amended to read as follows: 1 3 7. a. On a conviction for or as a condition of a deferred 1 4 judgment for a violation of section 321J.2, the court may 1 5 order the defendant to install ignition interlock devices of a 1 6 type approved by the commissioner of public safety on all 1 7 motor vehicles owned or operated by the defendant which, 1 8 without tampering or the intervention of another person, would 1 9 prevent the defendant from operating the motor vehicle with an 1 10 alcohol concentration greater than a level set by rule of the 1 11 commissioner of public safety. 1 12 b. The commissioner of public safety shall adopt rules to 1 13 approve certain ignition interlock devices and the means of 1 14 installation of the devices, and shall establish the level of 1 15 alcohol concentration beyond which an ignition interlock 1 16 device will not allow operation of the motor vehicle in which 1 17 it is installed. 1 18 c. The order shall remain in effect for a period of time 1 19 as determined by the court which shall not exceed the maximum 1 20 term of imprisonment which the court could have imposed 1 21 according to the nature of the violation. 1 22 d. While the order is in effect, the defendant shall not 1 23 operate a motor vehicle which does not have an approved 1 24 ignition interlock device installed. 1 25 e. If the defendant's motor vehicle license or nonresident 1 26 operating privilege has been revoked, the department shall not 1 27 issue a temporary permit or a motor vehicle license to the 1 28 person without certification that approved ignition interlock 1 29 devices have been installed in all motor vehicles owned or 1 30 operated by the defendant while the order is in effect. 1 31 f. A defendant who fails within a reasonable time to 1 32 comply with an order to install an approved ignition interlock 1 33 device may be declared in contempt of court and punished 1 34 accordingly. 1 35 g. A person who tampers with or circumvents an ignition 2 1 interlock device installed under a court order while an order 2 2 is in effect commits a serious misdemeanor. 2 3 h. Notwithstanding the requirements of paragraphs "a" 2 4 through "f", a person whose employer has applied for and 2 5 obtained, pursuant to section 321J.20, an exemption from the 2 6 ignition interlock requirement may be issued a temporary 2 7 license and shall be permitted to operate, without penalty 2 8 under this subsection, the employer-owned vehicles subject to 2 9 the exemption, subject to the limitations and restrictions of 2 10 section 321J.20. 2 11 Sec. 2. Section 321J.4, subsection 8, Code Supplement 2 12 1995, is amended to read as follows: 2 13 8. a. A person whose motor vehicle license has either 2 14 been revoked under this chapter, or revoked or suspended under 2 15 chapter 321 solely for violations of this chapter, or who has 2 16 been determined to be a habitual offender under chapter 321 2 17 based solely on violations of this chapter, and who is not 2 18 eligible for a temporary restricted license under this chapter 2 19 may petition the court upon the expiration of the minimum 2 20 period of ineligibility for a temporary restricted license 2 21 provided for under this section or section 321J.9, 321J.12, or 2 22 321J.20 for an order to the department to require the 2 23 department to issue a temporary restricted license to the 2 24 person notwithstanding section 321.560. 2 25 b. Upon the filing of a petition for a temporary 2 26 restricted license under this section, the clerk of the 2 27 district court in the county where the violation that resulted 2 28 in the revocation occurred shall send notice of the petition 2 29 to the department and the prosecuting attorney. The 2 30 department and the prosecuting attorney shall each be given an 2 31 opportunity to respond to and request a hearing on the 2 32 petition. 2 33 c. The court shall determine if the temporary restricted 2 34 license is necessary for the person to maintain the person's 2 35 present employment. However, a temporary restricted license 3 1 shall not be ordered or issued for violations of section 3 2 321J.2A or to persons under the age of twenty-one who commit 3 3 violations under section 321J.2. If the court determines that 3 4 the temporary restricted license is necessary for the person 3 5 to maintain the person's present employment, and that the 3 6 minimum period of ineligibility for receipt of a temporary 3 7 license has expired, the court shall order the department to 3 8 issue to the person a temporary restricted license conditioned 3 9 upon the person's certification to the court of the 3 10 installation of approved ignition interlock devices in all 3 11 motor vehicles that it is necessary for the person to operate 3 12 to maintain the person's present employment.Section 321.5613 13does not apply to a person operating a motor vehicle in the3 14manner permitted under this subsection.3 15 d. If the person operates a motor vehicle which does not 3 16 have an approved ignition interlock device or if the person 3 17 tampers with or circumvents an ignition interlock device, in 3 18 addition to other penalties provided, the person's temporary 3 19 restricted license shall be revoked. 3 20 e. Notwithstanding the requirements of this subsection: 3 21 (1) Section 321.561 does not apply to a person operating a 3 22 motor vehicle pursuant to a temporary restricted license 3 23 issued as a result of a court order under this subsection. 3 24 (2) A person whose employer has applied for and obtained, 3 25 pursuant to section 321J.20, an exemption from the ignition 3 26 interlock requirement may use without penalty under this 3 27 subsection a temporary license issued as a result of a court 3 28 order under this subsection and the employer-owned vehicles 3 29 subject to the exemption, subject to the prohibition in 3 30 paragraph "d" on tampering or circumventing the ignition 3 31 interlock device and to the limitations and restrictions of 3 32 section 321J.20. 3 33 (3) A person holding a temporary restricted license issued 3 34 under this subsection shall not operate a commercial motor 3 35 vehicle, as defined in section 321.1, on a highway if a 4 1 commercial driver's license is required for the person to 4 2 operate the commercial motor vehicle. 4 3 Sec. 3. Section 321J.20, subsection 6, Code Supplement 4 4 1995, is amended to read as follows: 4 5 6. Following the minimum period of ineligibility, a 4 6 temporary restricted license under this section shall not be 4 7 issued until such time as the applicant installs an ignition 4 8 interlock device of a type approved by the commissioner of 4 9 public safety on all motor vehicles owned or operated by the 4 10 applicant, in accordance with section 321J.4, subsection 7. 4 11 a. Installation of an ignition interlock device under this 4 12 section shall be required for the period of time for which the 4 13 temporary restricted license is issued, but no longer than one 4 14 year, unless the court order under section 321J.4, subsection 4 15 7, provides for a longer period of time. 4 16 b. An employer of a person who ordinarily operates 4 17 employer-owned vehicles in the course of employment and who is 4 18 subject to an ignition interlock requirement under this 4 19 section may apply for and obtain an exemption from the 4 20 department from the obligation to install an ignition 4 21 interlock device upon vehicles owned by the employer. The 4 22 exemption shall be granted if all of the following conditions 4 23 are met by the person subject to the ignition interlock 4 24 requirement: 4 25 (1) Verified full-time or part-time employment for the 4 26 employer seeking the exemption. 4 27 (2) Application has been made under subsection 1 for the 4 28 specific right to drive employer-owned vehicles in the course 4 29 of employment. 4 30 c. An exemption granted to an employer under paragraph "b" 4 31 shall be revoked by the department if the person subject to 4 32 the ignition interlock requirement performs any of the 4 33 following actions: 4 34 (1) Drives employer-owned vehicles other than in the 4 35 course of employment. 5 1 (2) Violates the restrictions of the temporary restricted 5 2 license. 5 3 (3) Violates the provisions of this section. 5 4 (4) Performs any action which results in revocation of the 5 5 temporary restricted license. 5 6 Sec. 4. RULEMAKING. Prior to January 1, 1997, the 5 7 department of transportation shall adopt rules related to the 5 8 administration of the exemption process for ignition interlock 5 9 devices, and shall develop and implement the use of forms 5 10 related to this exemption process. 5 11 Sec. 5. EFFECTIVE DATES. 5 12 1. Section 4 of this Act, being deemed of immediate 5 13 importance, takes effect upon enactment. 5 14 2. Sections 1 through 3 of this Act take effect January 1, 5 15 1997. 5 16 EXPLANATION 5 17 Sections 1 and 2 of this bill contain technical amendments 5 18 related to the availability of the employer exemption. 5 19 Section 3 of this bill adds an exemption process for 5 20 employers of persons subject to the requirement of installing 5 21 an ignition interlock device on all vehicles owned or operated 5 22 by that person, as a condition of that person obtaining a 5 23 temporary restricted license under section 321J.20. An 5 24 exemption granted to an employer under this Code section would 5 25 allow the employer to forgo installation of the ignition 5 26 interlock device on employer-owned vehicles operated by that 5 27 person, so long as certain specified conditions are met. In 5 28 addition, the bill contains a prohibition against termination 5 29 of the employment solely because of the court-ordered ignition 5 30 interlock requirement, and specifies the remedies for the 5 31 employee. 5 32 Finally, section 5 of the bill provides for an immediate 5 33 effective date for section 4, which directs the department of 5 34 transportation to implement rules and forms for the exemption 5 35 process prior to January 1, 1997. Section 5 provides that the 6 1 remainder of the bill takes effect January 1, 1997. 6 2 LSB 3173SS 76 6 3 jls/jj/8.1
Text: SF02091 Text: SF02093 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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