Senate Amendment 3029


PAG LIN




     1  1    Amend Senate File 313 as follows:
     1  2 #1.  Page 2, line 3, by striking the word
     1  3 <registered>.
     1  4 #2.  Page 2, line 5, by striking the word
     1  5 <registered>.
     1  6 #3.  Page 2, by inserting after line 6 the
     1  7 following:
     1  8    <c.  For purposes of this subsection, "owner" means
     1  9 a person who holds the legal title to a motor vehicle;
     1 10 however, if the motor vehicle is the subject of a
     1 11 security agreement with a right of possession in the
     1 12 debtor, the debtor shall be deemed the owner for
     1 13 purposes of this subsection, or if the motor vehicle
     1 14 is leased as defined in section 321.493, the lessee
     1 15 shall be deemed the owner for purposes of this
     1 16 subsection.
     1 17    Sec.    .  Section 321.372A, subsection 2,
     1 18 paragraph b, Code 2005, is amended to read as follows:
     1 19    b.  If, from the investigation, the peace officer
     1 20 has reasonable cause to believe that a violation of
     1 21 section 321.372, subsection 3, occurred but is unable
     1 22 to identify the driver, the peace officer shall serve
     1 23 a uniform traffic citation for the violation to the
     1 24 owner of the motor vehicle.  Notwithstanding section
     1 25 321.484, in a proceeding where the peace officer who
     1 26 conducted the investigation was not able to identify
     1 27 the driver of the motor vehicle, proof that the motor
     1 28 vehicle described in the uniform traffic citation was
     1 29 used to commit the violation of section 321.372,
     1 30 subsection 3, together with proof that the defendant
     1 31 named in the citation was the registered owner of the
     1 32 motor vehicle at the time the violation occurred,
     1 33 constitutes a permissible inference that the
     1 34 registered owner was the driver who committed the
     1 35 violation.
     1 36    Sec.    .  Section 321.372A, subsection 2, Code
     1 37 2005, is amended by adding the following new
     1 38 paragraph:
     1 39    NEW PARAGRAPH.  c.  For purposes of this
     1 40 subsection, "owner" means a person who holds the legal
     1 41 title to a motor vehicle; however, if the motor
     1 42 vehicle is the subject of a security agreement with a
     1 43 right of possession in the debtor, the debtor shall be
     1 44 deemed the owner for purposes of this subsection, or
     1 45 if the motor vehicle is leased as defined in section
     1 46 321.493, the lessee shall be deemed the owner for
     1 47 purposes of this subsection.>
     1 48 #4.  Title page, line 1, by inserting after the
     1 49 word <for> the following:  <school bus warning device
     1 50 and>.
     2  1 #5.  By renumbering as necessary.
     2  2
     2  3
     2  4                               
     2  5 STEVEN H. WARNSTADT
     2  6 SF 313.701 81
     2  7 dea/gg/1087

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