Amendment 6689 to Senate Bill 290 P.N. 1627, Regular Session 2015-2016

S0290B1627A06689 LKK:CMD 04/11/16 #90 A06689

AMENDMENTS TO SENATE BILL NO. 290

Sponsor: REPRESENTATIVE GREINER

Printer's No. 1627

Amend Bill, page 2, line 6, by striking out "or" and

inserting a comma

Amend Bill, page 2, line 7, by inserting after "substance)"

or under former section 3731 (relating to driving under

influence of alcohol or controlled substance) or a violation

substantially similar to a violation under 3802 or former

section 3731 in another jurisdiction.

Amend Bill, page 8, line 11, by inserting after "suspended"

or revoked

Amend Bill, page 8, line 16, by inserting after "substance)"

or a violation substantially similar to a violation

under this paragraph in another jurisdiction

Amend Bill, page 8, lines 22 through 24, by striking out "one

motor vehicle owned, leased or" in line 22, all of line 23 and

"often operates," in line 24 and inserting

any motor vehicle to be operated by the individual

Amend Bill, page 8, line 27, by inserting after "license."

Any vehicle to be operated by the individual, during any

period in which the individual holds a valid ignition

interlock limited license, must be equipped with an ignition

interlock system.

Amend Bill, page 11, line 12, by inserting after "suspended"

or revoked

Amend Bill, page 11, line 13, by inserting after "3802"

or under former section 3731 or an offense substantially

similar to an offense under section 3802 or former section 3731

in another jurisdiction

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Amend Bill, page 11, line 15, by inserting after "suspension"

or revocation

Amend Bill, page 12, lines 9 through 12, by striking out

"Credit against mandatory ignition interlock" in line 9, all of

lines 10 and 11 and "(f) shall be counted toward satisfaction

of" in line 12 and inserting

Duration.--An individual may hold a valid ignition interlock

limited license under this section for the duration of the

Amend Bill, page 12, lines 15 through 22, by striking out all

of said lines and inserting

(h) Required proof.--The department shall issue an ignition

interlock limited license under the provisions of this section

only upon receiving proof that any motor vehicle to be operated

by the individual has been equipped with an approved ignition

interlock system as defined in section 3801 as a condition of

issuing an ignition interlock limited license. Any vehicle to be

operated by the individual, during any period in which the

individual holds a valid ignition interlock limited license,

must be equipped with an ignition interlock system.

Amend Bill, page 12, line 23, by striking out "committed" and

inserting

reported

Amend Bill, page 12, line 25, by striking out "of conviction"

Amend Bill, page 13, by inserting between lines 17 and 18

(k) Employment exemption.--If a person with an ignition

interlock limited license is required in the course and scope of

employment to drive, operate or be in actual physical control of

the movement of a motor vehicle owned by the person's employer,

the following apply:

(1) except as set forth in paragraph (2), the person may

drive, operate or be in actual physical control of the

movement of that motor vehicle in the course and scope of

employment without installation of an ignition interlock

system if:

(i) the employer has been notified that the employee

is restricted; and

(ii) the employee has proof of the notification in

the employee's possession while driving, operating or

being in actual physical control of the movement of the

employer's motor vehicle. Proof of the notification may

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be established only by the notarized signature of the

employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall

include a contact telephone number of the employer.

(2) Paragraph (1) does not apply in any of the following

circumstances:

(i) To the extent that an employer-owned motor

vehicle is made available to the employee for personal

use.

(ii) If the employer-owned motor vehicle is owned by

an entity which is wholly or partially owned or

controlled by the person subject to this section.

(iii) If the employer-owned motor vehicle is a

school bus, a school vehicle or a vehicle designed to

transport more than 15 passengers, including the driver.

Amend Bill, page 13, line 18, by striking out "(k)" and

inserting

(l)

Amend Bill, page 14, line 15, by inserting a bracket before

"If"

Amend Bill, page 14, line 15, by inserting after "rule.--If"

] Except as provided under subsection (a.1), if

Amend Bill, page 14, lines 18 through 22, by striking out the

comma in line 18, all of lines 19 through 21 and "prior

offenses), within the past 10 years," in line 22

Amend Bill, page 15, lines 2 through 4, by striking out "One

motor vehicle owned, leased or" in line 2, all of line 3 and

"often operates," in line 4 and inserting

Any motor vehicle to be operated by the individual

Amend Bill, page 15, line 9, by inserting after "department"

in accordance with the department's regulations

Amend Bill, page 15, by inserting between lines 13 and 14

(a.1) Exception.--Subsection (a) shall not apply to an

individual who meets all of the following:

(1) Is subject to the penalties under section 3804(a)(1)

(relating to penalties).

(2) Has not had a prior offense, as defined under

section 3806 (relating to prior offenses).

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Amend Bill, page 16, line 6, by striking out "company" and

inserting

vendor

Amend Bill, page 18, line 14, by inserting after "license)"

1553(d.2) (relating to occupational limited license),

Amend Bill, page 18, line 27, by inserting after "3808(a)"

, (b)

Amend Bill, page 20, line 9, by striking out all of said line

and inserting

(b) Tampering with an ignition interlock system.--A person

that tampers with an ignition interlock system required by law

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not less than $300 nor more than $1,000 and to

undergo imprisonment for not more than 90 days. An offense under

this subsection shall be deemed to have been committed at either

the location where tampering occurred or the place where the

vehicle containing the ignition interlock system required by law

is registered. The term "tampering," in addition to any physical

act which is intended to alter or interfere with the proper

functioning of an ignition interlock system required by law,

shall include attempting to circumvent or bypass or

circumventing or bypassing an ignition interlock system by:

(1) means of using another individual to provide a

breath sample; or

(2) providing a breath sample for the purpose of

bypassing an ignition interlock system required by law.

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