Text: HF02039                           Text: HF02041
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2040

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 1, paragraph b, Code
  1  2 2001, is amended to read as follows:
  1  3    b.  While having an alcohol concentration of .10 .08 or
  1  4 more.
  1  5    Sec. 2.  Section 321J.6, subsection 1, paragraph g, Code
  1  6 2001, is amended to read as follows:
  1  7    g.  The preliminary breath screening test was administered
  1  8 and it indicated an alcohol concentration of .02 or more but
  1  9 less than .10 .08 and the person is under the age of twenty-
  1 10 one.
  1 11    Sec. 3.  Section 321J.12, subsection 5, Code Supplement
  1 12 2001, is amended to read as follows:
  1 13    5.  Upon certification, subject to penalty of perjury, by
  1 14 the peace officer that there existed reasonable grounds to
  1 15 believe that the person had been operating a motor vehicle in
  1 16 violation of section 321J.2A, that there existed one or more
  1 17 of the necessary conditions for chemical testing described in
  1 18 section 321J.6, subsection 1, and that the person submitted to
  1 19 chemical testing and the test results indicated an alcohol
  1 20 concentration as defined in section 321J.1 of .02 or more but
  1 21 less than .10 .08, the department shall revoke the person's
  1 22 driver's license or operating privilege for a period of sixty
  1 23 days if the person has had no previous revocation under this
  1 24 chapter, and for a period of ninety days if the person has had
  1 25 a previous revocation under this chapter.
  1 26    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 27 3, shall not apply to this Act.  
  1 28                           EXPLANATION
  1 29    This bill changes the limit for blood alcohol concentration
  1 30 (BAC) while driving a motor vehicle from .10 BAC to .08 BAC.
  1 31 Under the bill, a person who drives with .08 BAC or higher
  1 32 would violate Code section 321J.2, the operating while
  1 33 intoxicated statute.
  1 34    The bill may include a state mandate as defined in Code
  1 35 section 25B.3.  The bill makes inapplicable Code section
  2  1 25B.2, subsection 3, which would relieve a political
  2  2 subdivision from complying with a state mandate if funding for
  2  3 the cost of the state mandate is not provided or specified.
  2  4 Therefore, political subdivisions are required to comply with
  2  5 any state mandate included in the bill.  
  2  6 LSB 5012HH 79
  2  7 nh/sh/8
     

Text: HF02039                           Text: HF02041
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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