House Journal: Page 580: Monday, March 5, 2001
7 mailing of notices under this chapter and chapter
8 321J. a person's refusal to accept or a claim of
9 failure to receive a notice of revocation, suspension,
10 or bar mailed by first class mail to the person's last
11 known address shall not be a defense to a charge of
12 driving while suspended, revoked, denied, or barred."
13 2. Page 16, by inserting after line 18 the
14 following:
15 "Sec. . NEW SECTION. 321.211a APPEAL OF
16 EXTENDED SUSPENSION OR REVOCATION.
17 Notwithstanding any provision of law to the
18 contrary, if a person was not served with notice of a
19 suspension or revocation under section 321.16, or
20 section 321J.9, subsection 4, or section 321J.12,
21 subsection 3, the person may appeal to the department
22 an extension of the period of suspension or revocation
23 based upon a conviction under section 321.218 or
24 321J.21. At the hearing on the appeal, the sole issue
25 shall be whether the department failed to send notice
26 of the underlying suspension or revocation to the
27 person at the address contained in the department's
28 records. If the department determines it failed to
29 send such notice, the department shall rescind the
30 extended suspension or revocation resulting from the
31 conviction and send notice of the department's
32 determination to the court that rendered the
33 conviction. Upon receipt of the notice, the court
34 shall enter an order exonerating the person of the
35 conviction, and ordering that the record of the
36 conviction be expunged by the clerk of the district
37 court."
38 3. By renumbering as necessary.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1166, to amendment H-1154, filed by him
from the floor.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1169, to amendment H-1154, filed by him
from the floor.
On motion by Tremmel of Wapello amendment H-1154 was
adopted.
Atteberry of Delaware asked and received unanimous consent to
withdraw amendment H-1063 filed by Reynolds of Van Buren on
February 21, 2001.
Atteberry of Delaware offered amendment H-1085 filed by
© 2001 Cornell College and
League of Women Voters of Iowa
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