S-5091

   Amend Senate File 2299, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, line 33, after <testing.> by inserting <A defendant whose alcohol concentration is .08 or more shall be eligible for a temporary restricted license if the person installs an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.>
   2.  Page 4, line 32, after <chapter.> by inserting <A defendant whose alcohol concentration is .08 or more shall be eligible for a temporary restricted license if the person installs an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.>
   3.  By striking page 7, line 23, through page 9, line 11.
   4.  By striking page 9, line 16, through page 10, line 22, and inserting: 
   <1.  a.  (1)  The department may, on application, issue a temporary restricted license to a person whose noncommercial driver’s license is revoked under this chapter allowing the person to drive for any lawful purpose if the person’s driver’s license has not been revoked previously under section 321J.4, 321J.9, or 321J.12.
   (2)  The department may, on application, issue a temporary restricted license to a person whose noncommercial driver’s license is revoked under this chapter allowing the person to drive to and from the person’s home and specified places at specified times which can be verified by the department and which are required by the person’s full-time or part-time employment, continuing health care or the continuing health care of another who is dependent upon the person, continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion, substance abuse treatment, court-ordered community service responsibilities, and appointments with the person’s parole or probation officer if the person’s driver’s license has not been revoked previously under section 321J.4, 321J.9, or 321J.12 and if any of the following apply:
   (1)  (a)  The person’s noncommercial driver’s license is revoked under section 321J.4and the minimum period of ineligibility for issuance of a temporary restricted license has expired. This subsection shall not apply to a revocation ordered under section 321J.4 resulting from a plea or verdict of guilty of a violation of section 321J.2 that involved a death except for a revocation under section 321J.4, subsection 1, paragraph “c” or “e”.
   (2)  (b)  The person’s noncommercial driver’s license is revoked under section 321J.9 and the person has entered a plea of guilty on a charge of a violation of section 321J.2 which arose from the same set of circumstances which resulted in the person’s driver’s license revocation under section 321J.9 and the guilty plea is not withdrawn at the time of or after application for the temporary restricted license, and the minimum period of ineligibility for issuance of a temporary restricted license has expired.
   (3)  (c)  The person’s noncommercial driver’s license is revoked under section 321J.12, and the minimum period of ineligibility for issuance of a temporary restricted license has expired.
   b.   A temporary restricted license may be issued under this subsection if the person’s noncommercial driver’s license is revoked for two years under section 321J.4, subsection 2, or section 321J.9, subsection 1, paragraph “b”, and the first three hundred sixty-five days of the revocation have expired.>
   5.  Page 12, line 10, by striking <subsection subsections 3 and 4> and inserting <subsection 3>
   6.  By renumbering as necessary.