Text: HF00134 Text: HF00136 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.561, Code 1997, is amended to read 1 2 as follows: 1 3 321.561 PUNISHMENT FOR VIOLATION. 1 4 It shall be unlawful for any person found to be a habitual 1 5 offender to operate any motor vehicle in this state during the 1 6 period of time specified in section 321.560 except for a 1 7 habitual offender who has been granted a temporary restricted 1 8 permit pursuant to section 321.215, subsection 2, or a 1 9 temporary restricted license pursuant to section 321J.4, 1 10 subsection 8. A person violating this section commits an 1 11 aggravated misdemeanor. 1 12 Sec. 2. Section 321J.4, subsections 7 and 8, Code 1997, 1 13 are amended to read as follows: 1 14 7. a. On a conviction for or as a condition of a deferred 1 15 judgment for a violation of section 321J.2, the court may 1 16 order the defendant to install ignition interlock devices of a 1 17 type approved by the commissioner of public safety on all 1 18 motor vehicles owned or operated by the defendant which, 1 19 without tampering or the intervention of another person, would 1 20 prevent the defendant from operating the motor vehicle with an 1 21 alcohol concentration greater than a level set by rule of the 1 22 commissioner of public safety. 1 23 b. The commissioner of public safety shall adopt rules to 1 24 approve certain ignition interlock devices and the means of 1 25 installation of the devices, and shall establish the level of 1 26 alcohol concentration beyond which an ignition interlock 1 27 device will not allow operation of the motor vehicle in which 1 28 it is installed. 1 29 c. The order shall remain in effect for a period of time 1 30 as determined by the court which shall not exceed the maximum 1 31 term of imprisonment which the court could have imposed 1 32 according to the nature of the violation. 1 33 d. While the order is in effect, the defendant shall not 1 34 operate a motor vehicle which does not have an approved 1 35 ignition interlock device installed. 2 1 e. If the defendant's motor vehicle license or nonresident 2 2 operating privilege has been revoked, the department shall not 2 3 issue a temporary permit or a motor vehicle license to the 2 4 person without certification that approved ignition interlock 2 5 devices have been installed in all motor vehicles owned or 2 6 operated by the defendant while the order is in effect. 2 7 f. A defendant who fails within a reasonable time to 2 8 comply with an order to install an approved ignition interlock 2 9 device may be declared in contempt of court and punished 2 10 accordingly. 2 11 g. A person who tampers with or circumvents an ignition 2 12 interlock device installed under a court order while an order 2 13 is in effect commits a serious misdemeanor. 2 14 h. Notwithstanding the requirements of paragraphs "a" 2 15 through "f", a person whose employer has applied for and 2 16 obtained, pursuant to section 321J.20, an exemption from the 2 17 ignition interlock requirement may be issued a temporary 2 18 restricted license and shall be permitted to operate, without 2 19 penalty under this subsection, the employer-owned vehicles 2 20 subject to the exemption, subject to the limitations and 2 21 restrictions of section 321J.20. 2 22 8. a. A person whose motor vehicle license has either 2 23 been revoked under this chapter, or revoked or suspended under 2 24 chapter 321 solely for violations of this chapter, or who has 2 25 been determined to be a habitual offender under chapter 321 2 26 based solely on violations of this chapter, and who is not 2 27 eligible for a temporary restricted license under this chapter 2 28 may petition the court upon the expiration of the minimum 2 29 period of ineligibility for a temporary restricted license 2 30 provided for under this section or section 321J.9, 321J.12, or 2 31 321J.20 for an order to the department to require the 2 32 department to issue a temporary restricted license to the 2 33 person notwithstanding section 321.560. The petition shall 2 34 include a current certified copy of the petitioner's official 2 35 driving record issued by the department. 3 1 b. Upon the filing of a petition for a temporary 3 2 restricted license under this section, the clerk of the 3 3 district court in the county where the violation that resulted 3 4 in the revocation occurred shall send notice of the petition 3 5 to the department and the prosecuting attorney. The 3 6 department and the prosecuting attorney shall each be given an 3 7 opportunity to respond to and request a hearing on the 3 8 petition. 3 9 c. The court shall determine if the temporary restricted 3 10 license is necessary for the person to maintain the person's 3 11 present employment. However, a temporary restricted license 3 12 shall not be ordered or issued for a violation of section 3 13 321J.2A or to a person under the age of twenty-one whose 3 14 license is revoked under this section or section 321J.9 or 3 15 321J.12. If the court determines that the temporary 3 16 restricted license is necessary for the person to maintain the 3 17 person's present employment, and that the minimum period of 3 18 ineligibility for receipt of a temporary license has expired, 3 19 the court shall order the department to issue to the person a 3 20 temporary restricted license conditioned upon the person's 3 21 certification to the court of the installation of approved 3 22 ignition interlock devices in all motor vehicles that it is 3 23 necessary for the person to operate to maintain the person's 3 24 present employment.Section 321.561 does not apply to a3 25person operating a motor vehicle in the manner permitted under3 26this subsection.3 27 d. If the person operates a motor vehicle which does not 3 28 have an approved ignition interlock device or if the person 3 29 tampers with or circumvents an ignition interlock device, in 3 30 addition to other penalties provided, the person's temporary 3 31 restricted license shall be revoked. 3 32 e. Notwithstanding the requirements of this subsection: 3 33 (1) Section 321.561 does not apply to a person operating a 3 34 motor vehicle pursuant to a temporary restricted license 3 35 issued as a result of a court order under this subsection. 4 1 (2) A person whose employer has applied for and obtained, 4 2 pursuant to section 321J.20, an exemption from the ignition 4 3 interlock requirement may use without penalty under this 4 4 subsection a temporary restricted license issued as a result 4 5 of a court order under this subsection and the employer-owned 4 6 vehicles subject to the exemption, subject to the prohibition 4 7 in paragraph "d" on tampering or circumventing the ignition 4 8 interlock device and to the limitations and restrictions of 4 9 section 321J.20. 4 10 (3) A person holding a temporary restricted license issued 4 11 under this subsection shall not operate a commercial motor 4 12 vehicle, as defined in section 321.1, on a highway if a 4 13 commercial driver's license is required for the person to 4 14 operate the commercial motor vehicle. 4 15 Sec. 3. Section 321J.20, subsection 6, Code 1997, is 4 16 amended to read as follows: 4 17 6. Following the minimum period of ineligibility, a 4 18 temporary restricted license under this section shall not be 4 19 issued until such time as the applicant installs an ignition 4 20 interlock device of a type approved by the commissioner of 4 21 public safety on all motor vehicles owned or operated by the 4 22 applicant, in accordance with section 321J.4, subsection 7. 4 23 a. Installation of an ignition interlock device under this 4 24 section shall be required for the period of time for which the 4 25 temporary restricted license is issued, but no longer than one 4 26 year, unless the court order under section 321J.4, subsection 4 27 7, provides for a longer period of time. 4 28 b. An employer of a person who ordinarily operates 4 29 employer-owned vehicles in the course of employment and who is 4 30 subject to an ignition interlock requirement under this 4 31 section may apply for and obtain an exemption from the 4 32 department from the obligation to install an ignition 4 33 interlock device upon vehicles owned by the employer. The 4 34 exemption shall be granted if all of the following conditions 4 35 are met by the person subject to the ignition interlock 5 1 requirement: 5 2 (1) Verified full-time or part-time employment for the 5 3 employer seeking the exemption. 5 4 (2) Application has been made under subsection 1 for the 5 5 specific right to drive employer-owned vehicles in the course 5 6 of employment. 5 7 c. An exemption granted to an employer under paragraph "b" 5 8 shall be revoked by the department if the person subject to 5 9 the ignition interlock requirement performs any of the 5 10 following actions: 5 11 (1) Drives employer-owned vehicles other than in the 5 12 course of employment. 5 13 (2) Violates the restrictions of the temporary restricted 5 14 license. 5 15 (3) Violates the provisions of this section. 5 16 (4) Performs any action which results in revocation of the 5 17 temporary restricted license. 5 18 Sec. 4. RULEMAKING. Prior to July 1, 1997, the department 5 19 of transportation shall adopt rules related to the 5 20 administration of the exemption process for ignition interlock 5 21 devices, and shall develop and implement the use of forms 5 22 related to this exemption process. 5 23 Sec. 5. EFFECTIVE DATE. Section 4 of this Act, being 5 24 deemed of immediate importance, takes effect upon enactment. 5 25 EXPLANATION 5 26 This bill adds an exemption process to Code section 321J.20 5 27 for employers of persons subject to the requirement of 5 28 installing an ignition interlock device on all vehicles owned 5 29 or operated by that person, as a condition of that person 5 30 obtaining a temporary restricted license under section 5 31 321J.20. An exemption granted to an employer under this Code 5 32 section would allow the employer to forgo installation of the 5 33 ignition interlock device on employer-owned vehicles operated 5 34 by that person, so long as specified conditions are met. 5 35 This bill also contains amendments to Code section 321J.4 6 1 related to the availability of the employer exemption. 6 2 Finally, the bill provides for an immediate effective date 6 3 for rulemaking by the department of transportation to 6 4 implement the exemption process. 6 5 LSB 1204HH 77 6 6 jls/jj/8
Text: HF00134 Text: HF00136 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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