House Journal: Page 1294: Wednesday, April 14, 1999

47   section 321J.1 of .10 or more, or refused to submit to

48   chemical testing under this chapter.
49     (3)  The defendant has abstained from the excessive
50   consumption of alcoholic beverages and the consumption
Page 2  
 1   of controlled substances, except at the direction of a
 2   licensed physician or pursuant to a valid
 3   prescription.
 4     (4)  The defendant's motor vehicle license is not
 5   currently subject to suspension or revocation for any
 6   other reason.
 7     c.  The court shall forward to the department a
 8   record of any application submitted under paragraph
 9   "b" and the results of the court's disposition of the
10   application."
11     2.  Page 7, by inserting after line 22 the
12   following:
13     "Sec.     .  THIRD OFFENSE OWI REVOCATIONS.  When
14   revoking a defendant's driver's license under section
15   321J.4, the court shall not consider a conviction
16   under section 321J.2 which occurred on or prior to
17   June 30, 1991, for the purpose of determining whether
18   a conviction is a third or subsequent offense under
19   section 321J.2.  If a person whose license was revoked
20   under section 321J.4, subsection 4, for three
21   violations of section 321J.2, one of which occurred on
22   or prior to June 30, 1991, the person may apply for
23   reinstatement of the person's driving privileges and
24   the court shall reinstate those privileges two years
25   after the date of the order for revocation."
Amendment H?1471 was adopted.
Raecker of Polk offered the following amendment H?1614 filed by 
him and Kreiman of Davis from the floor, and moved its adoption:
H-1614
 1     Amend Senate File 189, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, by inserting after line 12 the
 4   following:
 5     "Sec. ___.  Section 331.302, subsection 4A,
 6   paragraph a, subparagraph (2), Code 1999, is amended
 7   to read as follows:
 8     (2)  A portion of the Code of Iowa may be adopted
 9   by reference only if the criminal penalty provided by
10   the law adopted does not exceed thirty days'

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