Iowa General Assembly Banner


Text: SF00376                           Text: SF00378
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 377

Partial Bill History

Bill Text

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 under twenty-one eighteen years of age
  1  5 shall be identical in form to any other motor vehicle license
  1  6 except that the words "under twenty-one eighteen" 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 under twenty-one eighteen years of age shall include the word
  1 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, or as 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.6 or 453A.2, subsection
  4 13 2, 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 2309SV 77
  6  2 pf/sc/14
     

Text: SF00376                           Text: SF00378
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 20 03:40:03 CST 1997
URL: /DOCS/GA/77GA/Legislation/SF/00300/SF00377/970310.html
jhf