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House Journal: Page 1716: Wednesday, April 19, 1995

10   participant, the program coordinator shall terminate
11   the tour without prejudice to the participant.
12     4.  Upon the revocation of the motor vehicle
13   license or operating privileges of a person who is
14   fourteen years of age or older for a violation of
15   section 321J.2A, if enacted, if the person has had no
16   previous revocations under either section 321J.2 or
17   section 321J.2A, if enacted, a person may participate
18   in the substance abuse awareness program.  The state
19   department of transportation shall notify a potential
20   program participant of the possibility and potential
21   benefits of attending a program and shall notify a
22   potential program participant of the availability
23   programs which exist in the area in which the person
24   resides.  The state department of transportation shall
25   consult with the Iowa department of public health to
26   determine what programs are available in various areas
27   of the state.  The period of revocation for a person
28   whose motor vehicle license or operating privilege has
29   been revoked under section 321J.2A, if enacted, shall
30   be reduced by fifty percent upon receipt by the state
31   department of transportation of a certification by a
32   program provider that the person has completed a
33   program.
34     5.  Program providers and facilities toured during
35   the program are not liable for any civil damages
36   resulting from injury to the participant, or civil
37   damages caused by the participant during or from any
38   activities related to a tour, except for willful or
39   grossly negligent acts intended to, or reasonably
40   expected to result in, such injury or damage.
41     6.  The program provider shall determine fees to be
42   paid by participants in the program.  The program fees
43   shall be paid on a sliding scale, based upon the
44   ability of a participant and a participant's family to
45   pay the fees, and shall not exceed one hundred dollars
46   per participant.  The program provider shall use the
47   fees to pay all costs associated with the program."
48     2.  Page 5, by inserting after line 1 the
49   following:
50     "Sec. ___.  Section 321J.12, subsection 5, as

Page 3

 1   enacted by 1995 Iowa Acts, Senate File 446, is amended
 2   to read as follows:
 3     5.  Upon certification, subject to penalty of
 4   perjury, by the peace officer that there existed
 5   reasonable grounds to believe that the person had been
 6   operating a motor vehicle in violation of section
 7   321J.2A, that there existed one or more of the
 8   necessary conditions for chemical testing described in
 9   section 321J.6, subsection 1, and that the person
10   submitted to chemical testing and the test results

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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