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 theregisteredowner of the 1 32 motor vehicle at the time the violation occurred, 1 33 constitutes a permissible inference that the 1 34registeredowner 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 -1-