Text: S05262                            Text: S05264
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5263

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5206, to House File 2511, as
  1  2 passed by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 4 the
  1  4 following:
  1  5    ""Section. 1.  Section 321.560, Code 1999, is
  1  6 amended to read as follows:
  1  7    321.560  PERIOD OF REVOCATION.
  1  8    1.  A license to operate a motor vehicle in this
  1  9 state shall not be issued to any person declared to be
  1 10 a habitual offender under section 321.555, subsection
  1 11 1, for a period of not less than two years nor more
  1 12 than six years from the date of the final decision of
  1 13 the department under section 17A.19 or the date on
  1 14 which the district court upholds the final decision of
  1 15 the department, whichever occurs later.
  1 16    a.  However, a A temporary restricted permit may be
  1 17 issued pursuant to section 321.215, subsection 2, to a
  1 18 person declared to be a habitual offender under
  1 19 section 321.555, subsection 1, paragraph "c", pursuant
  1 20 to section 321.215, subsection 2.
  1 21    b.  A temporary restricted permit may be issued
  1 22 pursuant to section 321J.4, subsection 9, to a person
  1 23 declared to be a habitual offender due to a
  1 24 combination of the offenses listed under section
  1 25 321.555, subsection 1, paragraph "b" or "c".
  1 26    2.  A license to operate a motor vehicle in this
  1 27 state shall not be issued to any person declared to be
  1 28 a habitual offender under section 321.555, subsection
  1 29 2, for a period of one year from the date of the final
  1 30 decision of the department under section 17A.19 or the
  1 31 date on which the district court upholds the final
  1 32 decision of the department, whichever occurs later.
  1 33    3.  The department shall adopt rules under chapter
  1 34 17A which that establish a point system which shall be
  1 35 used to determine the period for which a person who is
  1 36 declared to be a habitual offender under section
  1 37 321.555, subsection 1, shall not be issued a license.
  1 38    4.  A person who is determined to be a habitual
  1 39 offender while the person's license is already revoked
  1 40 for being a habitual offender under section 321.555
  1 41 shall not be issued a license to operate a motor
  1 42 vehicle in this state for a period of not less than
  1 43 two years nor more than six years.  The revocation
  1 44 period may commence either on the date of the final
  1 45 decision of the department under section 17A.19 or the
  1 46 date on which the district court upholds the final
  1 47 decision of the department, whichever occurs later, or
  1 48 on the date the previous revocation expires.
  1 49    Sec.    .  Section 321J.4, subsection 9, Code
  1 50 Supplement 1999, is amended to read as follows:
  2  1    9.  a.  A person whose driver's license has either
  2  2 been revoked under this chapter, or revoked or
  2  3 suspended under chapter 321 solely for violations of
  2  4 this chapter, or who has been determined to be a
  2  5 habitual offender under chapter 321 based solely on
  2  6 violations of this chapter or on violations listed in
  2  7 section 321.560, subsection 1, paragraph "b", and who
  2  8 is not eligible for a temporary restricted license
  2  9 under this chapter may petition the court upon the
  2 10 expiration of the minimum period of ineligibility for
  2 11 a temporary restricted license provided for under this
  2 12 section, or section 321J.9, 321J.12, or 321J.20, or
  2 13 321.560, for an order to the department to require the
  2 14 department to issue a temporary restricted license to
  2 15 the person notwithstanding section 321.560.
  2 16    b.  The petition shall include a current certified
  2 17 copy of the petitioner's official driving record
  2 18 issued by the department.
  2 19    c.  Upon the filing of a petition for a temporary
  2 20 restricted license under this section, the clerk of
  2 21 the district court in the county where the violation
  2 22 that resulted in the revocation occurred shall send
  2 23 notice of the petition to the department and the
  2 24 prosecuting attorney.  The department and the
  2 25 prosecuting attorney shall each be given an
  2 26 opportunity to respond to and request a hearing on the
  2 27 petition.
  2 28    d.  The court shall determine if the temporary
  2 29 restricted license is necessary for the person to
  2 30 maintain the person's present employment.  However, a
  2 31 temporary restricted license shall not be ordered or
  2 32 issued for a violation of section 321J.2A or to a
  2 33 person under the age of twenty-one whose license is
  2 34 revoked under this section or section 321J.9 or
  2 35 321J.12.  If the court determines that the temporary
  2 36 restricted license is necessary for the person to
  2 37 maintain the person's present employment, and that the
  2 38 minimum period of ineligibility for receipt of a
  2 39 temporary license has expired, the court shall order
  2 40 the department to issue to the person a temporary
  2 41 restricted license conditioned upon the person's
  2 42 certification to the court of the installation of
  2 43 approved ignition interlock devices in all motor
  2 44 vehicles that it is necessary for the person to
  2 45 operate to maintain the person's present employment.
  2 46    e.  Section 321.561 does not apply to a person
  2 47 operating a motor vehicle in the manner permitted
  2 48 under this subsection.
  2 49    f.  If the person operates a motor vehicle which
  2 50 does not have an approved ignition interlock device or
  3  1 if the person tampers with or circumvents an ignition
  3  2 interlock device, in addition to other penalties
  3  3 provided, the person's temporary restricted license
  3  4 shall be revoked.
  3  5    g.  A person holding a temporary restricted license
  3  6 issued under this subsection shall not operate a
  3  7 commercial motor vehicle, as defined in section 321.1,
  3  8 on a highway if a commercial driver's license is
  3  9 required for the person to operate the commercial
  3 10 motor vehicle.
  3 11    h.  Notwithstanding any provision of this chapter
  3 12 to the contrary, the court may order the department to
  3 13 issue a temporary restricted license to a person
  3 14 otherwise eligible for a temporary restricted license
  3 15 under this subsection, whose period of revocation
  3 16 under this chapter has expired, but who has not met
  3 17 all requirements for reinstatement of the person's
  3 18 driver's license or nonresident operating
  3 19 privileges.""
  3 20    #2.  Page 2, by inserting after line 7 the
  3 21 following:
  3 22    "#   .  Title page, line 1, by inserting before the
  3 23 word "providing" the following:  "relating to drinking
  3 24 drivers by providing for the issuance of temporary
  3 25 restricted permits or licenses,"." 
  3 26 
  3 27 
  3 28                               
  3 29 DONALD B. REDFERN
  3 30 STEVE KING
  3 31 HF 2511.702 78
  3 32 lh/cls
     

Text: S05262                            Text: S05264
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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