Text: S05534 Text: S05536 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5468, to Senate File 2391, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by inserting before line 13 the 1 5 following: 1 6 ""Sec. ___. Section 321J.4, subsection 9, Code 1 7 Supplement 1997, is amended to read as follows: 1 8 9.ANotwithstanding any minimum period of 1 9 ineligibility specified in this chapter, a person 1 10 whose motor vehicle license has either been revoked 1 11 under this chapter, or revoked or suspended under 1 12 chapter 321 solely for violations of this chapter, or 1 13 who has been determined to be a habitual offender 1 14 under chapter 321 based solely on violations of this 1 15 chapter, and who is not eligible for a temporary 1 16 restricted license under this chapter may petition the 1 17 courtupon the expiration of the minimum period of1 18ineligibilityfor a temporary restricted license 1 19 provided for under this section or section 321J.9, 1 20 321J.12, or 321J.20 for an order to the department to 1 21 require the department to issue a temporary restricted 1 22 license to the person notwithstanding section 321.560. 1 23 The petition shall include a current certified copy of 1 24 the petitioner's official driving record issued by the 1 25 department. Upon the filing of a petition for a 1 26 temporary restricted license under this section, the 1 27 clerk of the district court in the county where the 1 28 violation that resulted in the revocation occurred 1 29 shall send notice of the petition to the department 1 30 and the prosecuting attorney. The department and the 1 31 prosecuting attorney shall each be given an 1 32 opportunity to respond to and request a hearing on the 1 33 petition. The court shall determine if the temporary 1 34 restricted license is necessary for the person to 1 35 maintain the person's present employment. However, a 1 36 temporary restricted license shall not be ordered or 1 37 issued for a violation of section 321J.2A or to a 1 38 person under the age of twenty-one whose license is 1 39 revoked under this section or section 321J.9 or 1 40 321J.12. If the court determines that the temporary 1 41 restricted license is necessary for the person to 1 42 maintain the person's present employment, and that the 1 43 minimum period of ineligibility for receipt of a 1 44 temporary license has expired, the court shall order 1 45 the department to issue to the person a temporary 1 46 restricted license conditioned upon the person's 1 47 certification to the court of the installation of 1 48 approved ignition interlock devices in all motor 1 49 vehicles that it is necessary for the person to 1 50 operate to maintain the person's present employment. 2 1 Section 321.561 does not apply to a person operating a 2 2 motor vehicle in the manner permitted under this 2 3 subsection. If the person operates a motor vehicle 2 4 which does not have an approved ignition interlock 2 5 device or if the person tampers with or circumvents an 2 6 ignition interlock device, in addition to other 2 7 penalties provided, the person's temporary restricted 2 8 license shall be revoked. A person holding a 2 9 temporary restricted license issued under this 2 10 subsection shall not operate a commercial motor 2 11 vehicle, as defined in section 321.1, on a highway if 2 12 a commercial driver's license is required for the 2 13 person to operate the commercial motor vehicle." 2 14 #2. By renumbering as necessary. 2 15 2 16 2 17 2 18 JACK RIFE 2 19 SF 2391.207 77 2 20 jls/jl/28
Text: S05534 Text: S05536 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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