Text: H01153                            Text: H01155
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1154

Amendment Text

PAG LIN
  1  1    Amend House File 324 as follows:
  1  2    #1.  Page 15, line 26, by inserting after the word
  1  3 "service." the following:  "The department shall adopt
  1  4 rules regarding the giving of notice by first class
  1  5 mail, the updating of addresses in department records,
  1  6 and the development of affidavits verifying the
  1  7 mailing of notices under this chapter and chapter
  1  8 321J.  A person's refusal to accept or a claim of
  1  9 failure to receive a notice of revocation, suspension,
  1 10 or bar mailed by first class mail to the person's last
  1 11 known address shall not be a defense to a charge of
  1 12 driving while suspended, revoked, denied, or barred."
  1 13    #2.  Page 16, by inserting after line 18 the
  1 14 following:
  1 15    "Sec.    .  NEW SECTION.  321.211A  APPEAL OF
  1 16 EXTENDED SUSPENSION OR REVOCATION.
  1 17    Notwithstanding any provision of law to the
  1 18 contrary, if a person was not served with notice of a
  1 19 suspension or revocation under section 321.16, or
  1 20 section 321J.9, subsection 4, or section 321J.12,
  1 21 subsection 3, the person may appeal to the department
  1 22 an extension of the period of suspension or revocation
  1 23 based upon a conviction under section 321.218 or
  1 24 321J.21.  At the hearing on the appeal, the sole issue
  1 25 shall be whether the department failed to send notice
  1 26 of the underlying suspension or revocation to the
  1 27 person at the address contained in the department's
  1 28 records.  If the department determines it failed to
  1 29 send such notice, the department shall rescind the
  1 30 extended suspension or revocation resulting from the
  1 31 conviction and send notice of the department's
  1 32 determination to the court that rendered the
  1 33 conviction.  Upon receipt of the notice, the court
  1 34 shall enter an order exonerating the person of the
  1 35 conviction, and ordering that the record of the
  1 36 conviction be expunged by the clerk of the district
  1 37 court."
  1 38    #3.  By renumbering as necessary.  
  1 39 
  1 40 
  1 41                               
  1 42 TREMMEL of Wapello
  1 43 
  1 44 
  1 45                               
  1 46 HUSER of Polk 
  1 47 HF 324.306 79
  1 48 nh/cf
     

Text: H01153                            Text: H01155
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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