Text: S05534                            Text: S05536
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5535

Amendment Text

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.  A Notwithstanding 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  1 10 whose motor vehicle license has either been revoked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 court upon the expiration of the minimum period of
  1 18 ineligibility for 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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