Text: HSB00687 Text: HSB00689 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 6, Code Supplement 1 2 1999, is amended to read as follows: 1 3 6. "Authorized emergency vehicle" means vehicles of the 1 4 fire department, police vehicles, ambulances, and emergency 1 5 vehicles owned by the United States, this state,orany 1 6 subdivision of this state, or any municipality of this state, 1 7 and privately ownedambulances, and fire, rescue, or disaster1 8 vehicles as are designated or authorized by the director of 1 9 transportation under section 321.451. 1 10 Sec. 2. Section 321.11, Code Supplement 1999, is amended 1 11 to read as follows: 1 12 321.11 RECORDS OF DEPARTMENT. 1 13 1. All records of the department, other than those made 1 14 confidential or not permitted to be open in accordance with 18 1 15 U.S.C. } 2721 et seq., adopted as of a specific date by rule 1 16 of the department, shall be open to public inspection during 1 17 office hours. 1 18 2.PersonalNotwithstanding subsection 1, personal 1 19 information shall not be disclosed to a requestorifunless 1 20 theindividualperson whose personal information is requested 1 21 hasnot elected to prohibit disclosure of the information to1 22the general publicprovided express written consent allowing 1 23 disclosure of the person's personal information.The1 24department shall give notice in a clear and conspicuous manner1 25on forms for issuance or renewal of driver's licenses, titles,1 26registrations, or nonoperator's identification cards that1 27personal information collected by the department may be1 28disclosed to any person. The department shall provide in a1 29clear and conspicuous manner on these forms an opportunity for1 30an individual to prohibit disclosure of personal information1 31to the general public.As used in thisparagraphsection, 1 32 "personal information" means information that identifies a 1 33 person, including a person's photograph, social security 1 34 number, driver's license number, name, address, telephone 1 35 number, and medical or disability information, but does not 2 1 include information on vehicular accidents, driving 2 2 violations, and driver's status or a person's zip code. 2 3 3. Notwithstanding other provisions of this section to the 2 4 contrary, the department shall not release personal 2 5 information to a person, other than to an officer or employee 2 6 of a law enforcement agency, an employee of a federal or state 2 7 agency or political subdivision in the performance of the 2 8 employee's official duties, a contract employee of the 2 9 department of inspections and appeals in the conduct of an 2 10 investigation, or a licensed private investigation agency or a 2 11 licensed security service or a licensed employee of either, if 2 12 the information is requested by the presentation of a 2 13 registration plate number. In addition, an officer or 2 14 employee of a law enforcement agency may release the name, 2 15 address, and telephone number of a motor vehicle registrant to 2 16 a person requesting the information by the presentation of a 2 17 registration plate number if the officer or employee of the 2 18 law enforcement agency believes that the release of the 2 19 information is necessary in the performance of the officer's 2 20 or employee's duties. 2 21 4. The department shall not sell personal information 2 22 which is in the form of a person's photograph or digital image 2 23 or a digital reproduction of a person's photograph, regardless 2 24 of whetheran individuala person haselected to prohibit2 25 provided express written consent to disclosure of the 2 26 informationto the general public. Thisparagraphsubsection 2 27 does not prohibit the department from collecting reasonable 2 28 fees for copies of records or other services provided pursuant 2 29 to section 22.3, 321.10, or 622.46. 2 30 Sec. 3. Section 321.208, subsection 1, Code Supplement 2 31 1999, is amended by adding the following new paragraph: 2 32 NEW PARAGRAPH. f. Operating a commercial motor vehicle 2 33 while any amount of a controlled substance is present in the 2 34 person, as measured in the person's blood or urine. 2 35 Sec. 4. Section 321.210D, subsection 2, Code 1999, is 3 1 amended to read as follows: 3 2 2. Upon receiving notice from the clerk of the district 3 3 court that an indictment or information has been filed 3 4 charging an operator with homicide by vehicle under section 3 5 707.6A, subsection 1, and if the person's license has not3 6previously been suspended under chapter 321J, or under section3 7707.6A, subsectionor 2, the department shall notify the 3 8 person that the person's driver's license will be suspended 3 9 effective ten days from the date of issuance of the notice. 3 10 The department shall adopt rules relating to the suspension of 3 11 the license of an operator pursuant to this section which 3 12 shall include, but are not limited to, procedures for the 3 13 surrender of the person's license to the department upon the 3 14 effective date of the suspension. 3 15 Sec. 5. Section 321.215, subsection 1, unnumbered 3 16 paragraph 1, Code 1999, is amended to read as follows: 3 17 The department, on application, may issue a temporary 3 18 restricted license to a person whose noncommercial driver's 3 19 license is suspended or revoked under this chapter, allowing 3 20 the person to drive to and from the person's home and 3 21 specified places at specified times which can be verified by 3 22 the department and which are required by any of the following: 3 23 Sec. 6. Section 321.215, subsection 2, unnumbered 3 24 paragraph 1, Code 1999, is amended to read as follows: 3 25 Upon conviction and the suspension or revocation of a 3 26 person's noncommercial driver's license under section 321.209, 3 27 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or 3 28 upon revocation pursuant to a court order issued under section 3 29 901.5, subsection 10; or upon the denial of issuance of a 3 30 noncommercial driver's license under section 321.560, based 3 31 solely on offenses enumerated in section 321.555, subsection 3 32 1, paragraph "c", or section 321.555, subsection 2; or a 3 33 juvenile, whose license has been suspended or revoked pursuant 3 34 to a dispositional order under section 232.52, subsection 2, 3 35 paragraph "a", for a violation of chapter 124 or 453B, or 4 1 section 126.3, a person may petition the district court having 4 2 jurisdiction for the residence of the person for a temporary 4 3 restricted permit to operate a motor vehicle for the limited 4 4 purpose or purposes specified in subsection 1. The petition 4 5 shall include a current certified copy of the petitioner's 4 6 official driving record issued by the department. The 4 7 application may be granted only if all of the following 4 8 criteria are satisfied: 4 9 Sec. 7. Section 321.215, subsection 4, Code 1999, is 4 10 amended to read as follows: 4 11 4. The temporary restricted license or permit is not valid 4 12 to operate a commercial motor vehicle if a commercial driver's 4 13 license is required for the person's operation of the 4 14 commercial motor vehicleand the person is disqualified to4 15operate a commercial motor vehicle under section 321.208,4 16subsection 1, 2, 3, or 4. 4 17 Sec. 8. Section 321.446, subsections 1 and 2, Code 1999, 4 18 are amended to read as follows: 4 19 1. A child under three years of age who is being 4 20 transported in a motor vehicle subject to registration,which4 21has a gross weight of ten thousand pounds or less as specified4 22by the manufacturer,except a school bus or motorcycle, shall 4 23 be secured during transit by a child restraint system which 4 24 meets federal motor vehicle safety standards and the system 4 25 shall be used in accordance with the manufacturer's 4 26 instructions. 4 27 2. A child at least three years of age but under six years 4 28 of age who is being transported in a motor vehicle subject to 4 29 registration,which has a gross weight of ten thousand pounds4 30or less as specified by the manufacturer,except a school bus 4 31 or motorcycle, shall be secured during transit by either a 4 32 child restraint system that meets federal motor vehicle safety 4 33 standards and is used in accordance with the manufacturer's 4 34 instructions, or by a safety belt or safety harness of a type 4 35 approved under section 321.445. 5 1 Sec. 9. Section 321.451, Code 1999, is amended by striking 5 2 the section and inserting in lieu thereof the following: 5 3 321.451 EMERGENCY VEHICLES – CERTIFICATE OF DESIGNATION. 5 4 1. The director or the director's designee may designate a 5 5 privately owned vehicle as an authorized emergency vehicle and 5 6 issue a certificate of designation for the vehicle, upon 5 7 written request being made on forms provided by the department 5 8 and showing necessity for the designation. A certificate of 5 9 designation may be issued for the following privately owned 5 10 vehicles: 5 11 a. An ambulance or fire or rescue vehicle. 5 12 b. A state or county medical examiner vehicle. 5 13 c. A vehicle owned by a sheriff or full-time paid deputy 5 14 sheriff if the authorized emergency vehicle designation is 5 15 requested by the sheriff. 5 16 d. A vehicle owned by a chief of police or any officer of 5 17 the police department if the authorized emergency vehicle 5 18 designation is requested by the chief of police. 5 19 e. A vehicle owned by a chief of a full-time paid fire 5 20 department if the authorized emergency vehicle designation is 5 21 requested by the chief of the fire department. 5 22 2. The application for a certificate of designation must 5 23 include the name and occupation of the owner of the vehicle, 5 24 vehicle identification information, a description of the 5 25 vehicle's equipment, a description of the use of the vehicle 5 26 when its red light is flashing, and a photograph showing a 5 27 side view of the vehicle. 5 28 3. The certificate of designation shall at all times be 5 29 carried with the registration receipt for the vehicle to which 5 30 the certificate refers. The certificate may be revoked by the 5 31 director upon a showing of abuse. 5 32 Sec. 10. Section 321.556, subsection 1, Code 1999, is 5 33 amended to read as follows: 5 34 1. If, upon review of the record of convictions of any 5 35 person, the department determines that the person appears to 6 1 be a habitual offender, the department shall immediately 6 2 notify the person in writing and afford the licensee an 6 3 opportunity for a hearing.The notice shall direct the person6 4named in the notice to appear for hearing and show cause why6 5the person should not be barred from operating a motor vehicle6 6on the highways of this state.The notice shall meet the 6 7 requirements of section 17A.12 and shall be served in the 6 8 manner provided in that section. Service of notice on any 6 9 nonresident of this state may be made in the same manner as 6 10 provided in sections 321.498 through 321.506. A peace officer 6 11 stopping a person for whom a noticeto appear for hearinghas 6 12 been issued underthe provisions ofthis section may 6 13 personally serve the notice upon forms approved by the 6 14 department to satisfy the notice requirements of this section. 6 15 A peace officer may confiscate the driver's license of a 6 16 person if the license has been revoked or has been suspended 6 17 subsequent to a hearing and the person has not forwarded the 6 18 driver's license to the department as required. 6 19 Sec. 11. Section 321J.4, subsection 9, Code Supplement 6 20 1999, is amended to read as follows: 6 21 9. A person whose noncommercial driver's license has 6 22 either been revoked under this chapter, or revoked or 6 23 suspended under chapter 321 solely for violations of this 6 24 chapter, or who has been determined to be a habitual offender 6 25 under chapter 321 based solely on violations of this chapter, 6 26 and who is not eligible for a temporary restricted license 6 27 under this chapter may petition the court upon the expiration 6 28 of the minimum period of ineligibility for a temporary 6 29 restricted license provided for under this section or section 6 30 321J.9, 321J.12, or 321J.20 for an order to the department to 6 31 require the department to issue a temporary restricted license 6 32 to the person notwithstanding section 321.560. The petition 6 33 shall include a current certified copy of the petitioner's 6 34 official driving record issued by the department. Upon the 6 35 filing of a petition for a temporary restricted license under 7 1 this section, the clerk of the district court in the county 7 2 where the violation that resulted in the revocation occurred 7 3 shall send notice of the petition to the department and the 7 4 prosecuting attorney. The department and the prosecuting 7 5 attorney shall each be given an opportunity to respond to and 7 6 request a hearing on the petition. The court shall determine 7 7 if the temporary restricted license is necessary for the 7 8 person to maintain the person's present employment. However, 7 9 a temporary restricted license shall not be ordered or issued 7 10 for a violation of section 321J.2A or to a person under the 7 11 age of twenty-one whose license is revoked under this section 7 12 or section 321J.9 or 321J.12. If the court determines that 7 13 the temporary restricted license is necessary for the person 7 14 to maintain the person's present employment, and that the 7 15 minimum period of ineligibility for receipt of a temporary 7 16 license has expired, the court shall order the department to 7 17 issue to the person a temporary restricted license conditioned 7 18 upon the person's certification to the court of the 7 19 installation of approved ignition interlock devices in all 7 20 motor vehicles that it is necessary for the person to operate 7 21 to maintain the person's present employment. Section 321.561 7 22 does not apply to a person operating a motor vehicle in the 7 23 manner permitted under this subsection. If the person 7 24 operates a motor vehicle which does not have an approved 7 25 ignition interlock device or if the person tampers with or 7 26 circumvents an ignition interlock device, in addition to other 7 27 penalties provided, the person's temporary restricted license 7 28 shall be revoked. A person holding a temporary restricted 7 29 license issued under this subsection shall not operate a 7 30 commercial motor vehicle, as defined in section 321.1, on a 7 31 highway if a commercial driver's license is required for the 7 32 person to operate the commercial motor vehicle. 7 33 Notwithstanding any provision of this chapter to the 7 34 contrary, the court may order the department to issue a 7 35 temporary restricted license to a person otherwise eligible 8 1 for a temporary restricted license under this subsection, 8 2 whose period of revocation under this chapter has expired, but 8 3 who has not met all requirements for reinstatement of the 8 4 person's noncommercial driver's license or nonresident 8 5 operating privileges. 8 6 Sec. 12. Section 321J.13, subsection 1, Code Supplement 8 7 1999, is amended to read as follows: 8 8 1. Notice of revocation of a person's noncommercial 8 9 driver's license or operating privilege served pursuant to 8 10 section 321J.9 or 321J.12 shall include a form accompanied by 8 11 a preaddressed envelope on which the person served may 8 12 indicate by a checkmark if the person only wishes to request a 8 13 temporary restricted license after the mandatory ineligibility 8 14 period for issuance of a temporary restricted license has 8 15 ended, or if the person wishes a hearing to contest the 8 16 revocation. The form shall clearly state on its face that the 8 17 form must be completed and returned within ten days of receipt 8 18 or the person's right to a hearing to contest the revocation 8 19 is foreclosed. The form shall also be accompanied by a 8 20 statement of the operation of and the person's rights under 8 21 this chapter. 8 22 Sec. 13. Section 321J.20, subsections 1 and 4, Code 1999, 8 23 are amended to read as follows: 8 24 1. The department may, on application, issue a temporary 8 25 restricted license to a person whose noncommercial driver's 8 26 license is revoked under this chapter allowing the person to 8 27 drive to and from the person's home and specified places at 8 28 specified times which can be verified by the department and 8 29 which are required by the person's full-time or part-time 8 30 employment, continuing health care or the continuing health 8 31 care of another who is dependent upon the person, continuing 8 32 education while enrolled in an educational institution on a 8 33 part-time or full-time basis and while pursuing a course of 8 34 study leading to a diploma, degree, or other certification of 8 35 successful educational completion, substance abuse treatment, 9 1 and court-ordered community service responsibilities if the 9 2 person's driver's license has not been revoked previously 9 3 under section 321J.4, 321J.9, or 321J.12 and if any of the 9 4 following apply: 9 5 a. The person's noncommercial driver's license is revoked 9 6 under section 321J.4 and the minimum period of ineligibility 9 7 for issuance of a temporary restricted license has expired. 9 8 This subsection shall not apply to a revocation ordered under 9 9 section 321J.4 resulting from a plea or verdict of guilty of a 9 10 violation of section 321J.2 that involved a death. 9 11 b. The person's noncommercial driver's license is revoked 9 12 under section 321J.9 and the person has entered a plea of 9 13 guilty on a charge of a violation of section 321J.2 which 9 14 arose from the same set of circumstances which resulted in the 9 15 person's driver's license revocation under section 321J.9 and 9 16 the guilty plea is not withdrawn at the time of or after 9 17 application for the temporary restricted license, and the 9 18 minimum period of ineligibility for issuance of a temporary 9 19 restricted license has expired. 9 20 c. The person's noncommercial driver's license is revoked 9 21 under section 321J.12, and the minimum period of ineligibility 9 22 for issuance of a temporary restricted license has expired. 9 23 However, a temporary restricted license may be issued if 9 24 the person's noncommercial driver's license is revoked under 9 25 section 321J.9, and the revocation is a second revocation 9 26 under this chapter, and the first three hundred and sixty-five 9 27 days of the revocation have expired. 9 28 4. A person holding a temporary restricted license issued 9 29 by the department under this section shall not operate a 9 30 commercial motor vehicle on a highway if a commercial driver's 9 31 license is required for the person's operation of the 9 32 commercial motor vehicle.However, this subsection does not9 33apply if the temporary restricted license was issued as a9 34result of a violation of this chapter while the person was9 35operating a vehicle other than a commercial motor vehicle.10 1 EXPLANATION 10 2 This bill makes several Code changes in Code chapters 321 10 3 and 321J relating to driver licensing, the use of child 10 4 restraints and seat belts for children, and the designation of 10 5 certain vehicles as authorized emergency vehicles. 10 6 The bill amends Code section 321.11, relating to the 10 7 records of the state department of transportation, to provide 10 8 that personal information maintained by the department in 10 9 regard to an individual shall not be disclosed to a person 10 10 requesting the information unless the individual has given 10 11 express written consent to such disclosure. Currently, such 10 12 information is disclosed to requestors if the individual did 10 13 not elect to prohibit disclosure to the general public. 10 14 Code section 321.208, relating to the disqualification of 10 15 persons from operating commercial motor vehicles for the 10 16 commission of certain acts or offenses, is amended to provide 10 17 that a person can be disqualified for operating a commercial 10 18 motor vehicle while any amount of a controlled substance is 10 19 present in the person, as measured in the person's blood or 10 20 urine. Pursuant to Code section 321.218, a person who 10 21 operates a commercial motor vehicle when disqualified under 10 22 Code section 321.208 commits a serious misdemeanor if a 10 23 commercial driver's license is required for the person to 10 24 operate the commercial motor vehicle. 10 25 The bill amends Code section 321.210D, providing for 10 26 suspension of a person's driver's license when the person is 10 27 charged with the offense of homicide by vehicle, by 10 28 eliminating a provision that allows such suspension if the 10 29 person's license has not previously been suspended under Code 10 30 chapter 321J for operating while intoxicated. 10 31 The bill also amends Code section 321.215, relating to 10 32 temporary restricted driver's licenses and permits, to 10 33 eliminate the authority of the state department of 10 34 transportation to issue a temporary restricted license that 10 35 allows for commercial driver's license privileges. This 11 1 change is necessary to comply with federal regulations that 11 2 prohibit the issuance of a commercial driver's license to an 11 3 individual who has any form of driver's license under 11 4 sanction. The bill makes corresponding Code language changes 11 5 in Code sections 321J.4, 321J.13, and 321J.20. 11 6 Code section 321.446, relating to child restraint devices 11 7 in vehicles, is amended to require children under six years of 11 8 age to be in a child restraint system or safety belt when 11 9 transported in a motor vehicle subject to registration. 11 10 Currently, the use of a child restraint system or safety belt 11 11 is not required when a child is being transported in a motor 11 12 vehicle which has a gross weight of 10,000 pounds or more. 11 13 The bill amends Code section 321.451, relating to 11 14 designation of vehicles by the director of transportation as 11 15 authorized emergency vehicles, to provide that privately owned 11 16 state or county medical examiner vehicles, sheriff's or deputy 11 17 sheriff's vehicles, police officer vehicles, and certain fire 11 18 chiefs' vehicles may be so designated. The bill requires the 11 19 application for a certificate of designation to contain 11 20 certain information and requires the certificate of 11 21 designation to be carried in the vehicle designated. The 11 22 certificate may be revoked by the director upon a showing of 11 23 abuse. Corresponding Code changes are made in the definition 11 24 of "authorized emergency vehicle" in Code section 321.1. 11 25 Authorized emergency vehicles are permitted to use certain 11 26 audible and visual signaling devices and to disregard certain 11 27 traffic regulations. 11 28 Additionally, Code section 321.556, relating to notice and 11 29 hearing for persons determined to be habitual offenders of 11 30 certain motor vehicle laws, is amended to eliminate a 11 31 requirement that the notice direct the person named in the 11 32 notice to appear for hearing and show cause why the person 11 33 should not be barred from operating a motor vehicle. The 11 34 elimination of this requirement would agree with the current 11 35 state department of transportation practice of allowing 12 1 hearings to be held by telephone conference. 12 2 LSB 5336DP 78 12 3 nh/cf/24.2
Text: HSB00687 Text: HSB00689 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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