Text: HF00711 Text: HF00713 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.189, subsection 6, Code 1997, is 1 2 amended to read as follows: 1 3 6. LICENSES ISSUED TO MINORS. A motor vehicle license 1 4 issued to a person undertwenty-oneeighteen years of age 1 5 shall be identical in form to any other motor vehicle license 1 6 except that the words "undertwenty-oneeighteen" shall appear 1 7 prominently on the face of the license. A motor vehicle 1 8 license issued to a person eighteen years of age or older but 1 9 less than twenty-one years of age shall be identical in form 1 10 to any other motor vehicle license except that the words 1 11 "under twenty-one" shall appear prominently on the face of the 1 12 license. Upon attaining the age of eighteen or upon attaining 1 13 the age of twenty-one, and upon payment of a one dollar fee, 1 14 the person shall be entitled to a new motor vehicle license or 1 15 nonoperator's identification card for the unexpired months of 1 16 the motor vehicle license or card. 1 17 Sec. 2. Section 321.190, subsection 1, paragraph b, Code 1 18 1997, is amended to read as follows: 1 19 b. The department shall not issue a card to a person 1 20 holding a motor vehicle license. However, a card may be 1 21 issued to a person holding a temporary permit under section 1 22 321.181. The card shall be identical in form to a driver's 1 23 license issued under section 321.189 except the word 1 24 "nonoperator" shall appear prominently on the face of the 1 25 card. A nonoperator's identification card issued to a person 1 26 undertwenty-oneeighteen years of age shallinclude the word1 27"minor"be identical in form to any other nonoperator's 1 28 identification card except that the words "under eighteen" 1 29 shall appear prominently on the face of the card. A 1 30 nonoperator's identification card issued to a person eighteen 1 31 years of age or older but under twenty-one years of age shall 1 32 be identical in form to any other nonoperator's identification 1 33 card except that the words "under twenty-one" shall appear 1 34 prominently on the face of the card. 1 35 Sec. 3. Section 321.218, subsection 1, Code 1997, is 2 1 amended to read as follows: 2 2 1. A person whose motor vehicle license or operating 2 3 privilege has been denied, canceled, suspended, or revoked as 2 4 provided in this chapter,oras provided in section 252J.8, or 2 5 as provided in section 453A.3 and who operates a motor vehicle 2 6 upon the highways of this state while the license or privilege 2 7 is denied, canceled, suspended, or revoked, commits a serious 2 8 misdemeanor. 2 9 Sec. 4. Section 321A.17, Code 1997, is amended by adding 2 10 the following new subsection: 2 11 NEW SUBSECTION. 7. This section does not apply to a 2 12 person whose license is suspended under section 453A.3. 2 13 Sec. 5. Section 453A.3, Code 1997, is amended to read as 2 14 follows: 2 15 453A.3 PENALTY. 2 16 1. A person who violates section 453A.2, subsection 1, or 2 17 section 453A.39 is guilty of a simple misdemeanor. 2 18 2. A person who violates section 453A.2, subsection 2, for 2 19 whom the violation is a first offense, shall pay a civil 2 20 penalty pursuant to section 805.8, subsection 11. Failure to 2 21 pay the civil penalty imposed for a violation of section 2 22 453A.2, subsection 2, is a simple misdemeanor punishable as a 2 23 scheduled violation under section 805.8, subsection 11. 2 24 Notwithstanding section 602.8106 or any other provision to the 2 25 contrary, any civil penalty or fine paid under this subsection 2 26 shall be retained by the city or county enforcing the 2 27 violation. 2 28 3. a. A person who violates section 453A.2, subsection 2, 2 29 for whom the violation is a second or subsequent offense is 2 30 subject to the following: 2 31 (1) For a second offense, the motor vehicle license of the 2 32 person shall be suspended by the state department of 2 33 transportation for a period of sixty days, or the person shall 2 34 perform fifty hours of court-ordered, unpaid, community 2 35 service, or the person shall pay a civil penalty of two 3 1 hundred dollars. 3 2 (2) For a third or subsequent offense, the motor vehicle 3 3 license of the person shall be suspended by the state 3 4 department of transportation for a period of one year, or the 3 5 person shall perform one hundred hours of court-ordered, 3 6 unpaid, community service, or the person shall pay a civil 3 7 penalty of three hundred dollars. 3 8 b. The clerk of the district court shall forward a copy of 3 9 the order suspending the motor vehicle license of the person 3 10 to the state department of transportation. The state 3 11 department of transportation shall suspend the license of the 3 12 person for the period prescribed in the order. The state 3 13 department of transportation shall establish procedures by 3 14 rule for suspending the motor vehicle license of the person 3 15 and for issuing to the person a temporary restricted license 3 16 under section 321.215, as if the suspension was ordered under 3 17 chapter 321. 3 18 c. The state department of transportation shall, on 3 19 application, issue a temporary restricted license to a person 3 20 whose motor vehicle license is suspended under this subsection 3 21 allowing the person to drive to and from the person's home and 3 22 specified places at specified times which can be verified by 3 23 the department and which are required by the person's full- 3 24 time or part-time employment, continuing health care or the 3 25 continuing health care of another who is dependent upon the 3 26 person, continuing education while enrolled in an educational 3 27 institution on a part-time or full-time basis and while 3 28 pursuing a course of study leading to a diploma, degree, or 3 29 other certification of successful educational completion, 3 30 substance abuse treatment, or court-ordered community service 3 31 responsibilities. 3 32 d. A person for whom a motor vehicle license is suspended 3 33 under this section is not subject to chapter 321A and the 3 34 suspension shall not be grounds for determination of risk, 3 35 rates, or premiums in any policy of insurance issued to or for 4 1 the person. 4 2 e. The state department of transportation shall develop a 4 3 civil citation form for the purpose of citing persons under 4 4 this subsection. Judicial magistrates shall hear and 4 5 determine violations of this subsection. Notwithstanding 4 6 section 602.8106 or any other provision to the contrary, any 4 7 civil penalty paid under this subsection shall be retained by 4 8 the city or county enforcing the violation. 4 9 Sec. 6. Section 805.8, subsection 11, Code 1997, is 4 10 amended to read as follows: 4 11 11. SMOKING VIOLATIONS. 4 12 a. For violations of section 142B.6or 453A.2, subsection4 132, the scheduled fine is twenty-five dollars, and is a civil 4 14 penalty, and the criminal penalty surcharge under section 4 15 911.2 shall not be added to the penalty, and the court costs 4 16 pursuant to section 805.9, subsection 6, shall not be imposed. 4 17 If the civil penalty assessed for a violation of section 4 18 142B.6 is not paid in a timely manner, a citation shall be 4 19 issued for the violation in the manner provided in section 4 20 804.1. However, a person under age eighteen shall not be 4 21 detained in a secure facility for failure to pay the civil 4 22 penalty. The complainant shall not be charged a filing fee. 4 23 b. For violations of section 453A.2, subsection 2, if the 4 24 violation is a first offense, the scheduled fine is one 4 25 hundred dollars, and is a civil penalty, and the criminal 4 26 penalty surcharge under section 911.2 shall not be added to 4 27 the penalty, and the court costs pursuant to section 805.9, 4 28 subsection 6, shall not be imposed. 4 29 For failing to pay the civil penalty under section 453A.2, 4 30 subsection 1, the scheduled fine is twenty-five dollars and 4 31 under section 453A.2, subsection 2, if the violation is a 4 32 first offense, the scheduled fine is one hundred dollars. 4 33 Failure to pay the scheduled fine shall not result in the 4 34 person being detained in a secure facility. The complainant 4 35 shall not be charged a filing fee. 5 1 EXPLANATION 5 2 This bill makes changes relating to privileges related to 5 3 motor vehicle licenses and tobacco, tobacco products, and 5 4 cigarettes based upon the age of the person. The bill 5 5 requires that licenses or nonoperator's licenses issued to 5 6 persons under 18 years of age have the words "under eighteen" 5 7 predominately displayed on the face of the license and a 5 8 license or nonoperator's license issued to a person under 21 5 9 years of age but over 18 have the words "under twenty-one" 5 10 predominately displayed on the face of the license. The bill 5 11 also changes the penalty for smoking, using, possessing, 5 12 purchasing, or attempting to purchase tobacco, tobacco 5 13 products, or cigarettes by a person under 18 years of age from 5 14 a scheduled fine of $25 to a three-tiered penalty. For a 5 15 first offense, the person is subject to a civil penalty of 5 16 $100. Any civil penalty or fine paid is to be retained by the 5 17 city or county enforcing the violation. For a second offense, 5 18 the person is subject to suspension of the person's motor 5 19 vehicle license for 60 days, 50 hours of community service, or 5 20 a civil penalty of $200. For a third or subsequent offense, 5 21 the person is subject to suspension of the person's motor 5 22 vehicle license for one year, 100 hours of community service, 5 23 or a civil penalty of $300. Any civil penalty collected is to 5 24 be retained by the city or county enforcing the violation. 5 25 The bill also provides for the issuance of a temporary 5 26 restricted license, for certain activities, to a person for 5 27 whom a license is suspended, including employment and 5 28 education-related activities, and provides that suspension of 5 29 a person's license does not make the person subject to the 5 30 chapter relating to motor vehicle financial responsibility and 5 31 is not grounds for the determination of risk, rates, or 5 32 premiums in any insurance policy issued to or for the person. 5 33 However, the bill does provide that if a person drives while 5 34 the person's license is suspended, the person commits a 5 35 serious misdemeanor. 6 1 LSB 2309HH 77 6 2 pf/sc/14
Text: HF00711 Text: HF00713 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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