House File 610 - Introduced HOUSE FILE BY KAUFMANN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the delivery of certain notices provided by 2 the department of transportation and authorizing the 3 department to collect fees for the cost of providing certain 4 notices. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1024YH 83 7 md/nh/24 PAG LIN 1 1 Section 1. Section 321.16, subsection 1, Code 2009, is 1 2 amended to read as follows: 1 3 1. a.WhenExcept as provided under paragraph "b", when 1 4 the department is authorized or required to give notice under 1 5 this chapter or any other law regulating the operation of 1 6 vehicles, unless a different method of giving notice is 1 7 expressly prescribed, notice shall be given either by personal 1 8 delivery to the person to be so notified or by personal 1 9 service in the manner of original notice by rule of civil 1 10 procedure 1.305(1), or by first class mail addressed to the 1 11 person at the address shown in the records of the department, 1 12 notwithstanding chapter 17A. The department shall adopt rules 1 13 regarding the giving of notice by first class mail, the 1 14 updating of addresses in department records, and the 1 15 development of affidavits verifying the mailing of notices 1 16 under this chapter and chapter 321J. A person's refusal to 1 17 accept or a claim of failure to receive a notice of 1 18 revocation, suspension, or bar mailed by first class mail to 1 19 the person's last known address shall not be a defense to a 1 20 charge of driving while suspended, revoked, denied, or barred. 1 21 b. When the department is authorized or required to give 1 22 notice of a revocation or suspension of a driver's license or 1 23 permit, or disqualification from operating a commercial motor 1 24 vehicle, under this chapter or any other law regulating the 1 25 operation of vehicles, unless a different method of notice is 1 26 expressly prescribed, notice shall be given by certified mail 1 27 addressed to the person at the address shown in the records of 1 28 the department, notwithstanding chapter 17A. If the 1 29 department provides notice of a revocation, suspension, or 1 30 disqualification by certified mail, the department may collect 1 31 a fee from the person to whom the license or permit was issued 1 32 totaling not more than the cost of the certified mail postage. 1 33 Sec. 2. Section 321.180A, subsection 3, Code 2009, is 1 34 amended to read as follows: 1 35 3. The permittee may apply for a driver's license if 2 1 thirty days have elapsed since issuance of the special 2 2 instruction permit. The department shall issue a driver's 2 3 license if the permittee is qualified, passes all required 2 4 tests, including a driving test, and pays the required fees. 2 5 If the person has not obtained a driver's license before 2 6 expiration of the person's special instruction permit, the 2 7 person's former denial or suspension under section 321.177, 2 8 subsection 6 or 7, or section 321.210, subsection 1, paragraph 2 9 "c", uponservice ofnotice provided pursuant to section 2 10 321.16, subsection 1, paragraph "b" by the department, shall 2 11 be reinstated. A permit shall be reissued for one additional 2 12 six=month period if a permittee continues to meet the 2 13 qualifications of subsection 1 and has incurred no motor 2 14 vehicle violations. 2 15 Sec. 3. Section 321.191, subsection 8, Code 2009, is 2 16 amended to read as follows: 2 17 8. DRIVER'S LICENSE REINSTATEMENTS. The fee for 2 18 reinstatement of a driver's license shall be twenty dollars 2 19 for a license which is, after notice provided pursuant to 2 20 section 321.16, subsection 1, paragraph "b" and opportunity 2 21 for hearing, canceled, suspended, revoked, or barred. 2 22 However, reinstatement of the privilege suspended under 2 23 section 321.210, subsection 1, paragraph "c", shall be without 2 24 fee. The fee for reinstatement of the privilege to operate a 2 25 commercial motor vehicle after a period of disqualification 2 26 shall be twenty dollars. 2 27 Sec. 4. Section 321.208, subsections 11 through 13, Code 2 28 2009, are amended to read as follows: 2 29 11. Upon receiving a record of a person's disqualifying 2 30 conviction, administrative decision, suspension, or 2 31 revocation, the department shall, by rule, without preliminary 2 32 hearing and upon thirty days' advance notice provided pursuant 2 33 to section 321.16, subsection 1, paragraph "b", disqualify the 2 34 person from operating a commercial motor vehicle upon a 2 35 highway. 3 1 12. a. A person is disqualified from operating a 3 2 commercial motor vehicle if the person either refuses to 3 3 submit to chemical testing required under chapter 321J or 3 4 submits to chemical testing and the results show an alcohol 3 5 concentration as defined in section 321J.1 of 0.04 or more. 3 6 The department, upon receipt of the peace officer's 3 7 certification, subject to penalty for perjury, that the peace 3 8 officer had reasonable grounds to believe the person to have 3 9 been operating a commercial motor vehicle with an alcohol 3 10 concentration of 0.04 or more and that the person refused to 3 11 submit to the chemical testing or submitted to chemical 3 12 testing and the results show an alcohol concentration as 3 13 defined in section 321J.1 of 0.04 or more, shall, without 3 14 preliminary hearing and upon thirty days' advance notice 3 15 provided pursuant to section 321.16, subsection 1, paragraph 3 16 "b", disqualify the person from operating a commercial motor 3 17 vehicle upon a highway. 3 18 b. The effective date of disqualification shall be thirty 3 19 days after notification. Immediate notice of disqualification 3 20 may be served on a person operating a commercial motor vehicle 3 21 who refused to submit to a test or whose test results indicate 3 22 an alcohol concentration of 0.04 or more by the peace officer 3 23 administering the chemical test or, notwithstanding chapter 3 24 17A, the department may notify the personby first class mail3 25 pursuant to section 321.16, subsection 1, paragraph "b". If 3 26 immediate notice is served, the peace officer shall take the 3 27 commercial driver's license or permit of the driver, if issued 3 28 within the state, and issue a temporary commercial driver's 3 29 license effective for only thirty days. The peace officer 3 30 shall immediately send the person's commercial driver's 3 31 license to the department in addition to the officer's 3 32 certification required by this subsection. 3 33 13. Upon notice provided pursuant to section 321.16, 3 34 subsection 1, paragraph "b", the disqualified person shall 3 35 surrender the person's commercial driver's license to the 4 1 department and the department may issue a driver's license 4 2 valid only to operate a noncommercial motor vehicle upon 4 3 payment of a one dollar fee. The department shall notify the 4 4 commercial driver's license information system of the 4 5 disqualification if required to do so under section 321.204. 4 6 Sec. 5. Section 321.209, unnumbered paragraph 1, Code 4 7 2009, is amended to read as follows: 4 8 The department, upon thirty days' notice provided pursuant 4 9 to section 321.16, subsection 1, paragraph "b", and without 4 10 preliminary hearing, shall revoke the license or operating 4 11 privilege of an operator upon receiving a record of the 4 12 operator's conviction for any of the following offenses, when 4 13 such conviction has become final: 4 14 Sec. 6. Section 321.210, subsection 1, unnumbered 4 15 paragraph 1, Code 2009, is amended to read as follows: 4 16 The department is authorized to establish rules providing 4 17 for the suspension of the license of an operator upon thirty 4 18 days' notice provided pursuant to section 321.16, subsection 4 19 1, paragraph "b", and without preliminary hearing upon a 4 20 showing by its records or other sufficient evidence that the 4 21 licensee: 4 22 Sec. 7. Section 321.210, subsection 1, unnumbered 4 23 paragraph 2, Code 2009, is amended to read as follows: 4 24 Prior to a suspension taking effect under paragraph "a", 4 25 "b", "c", "d", "e", or "f", the licensee shall have received 4 26 thirty days' advance notice, pursuant to section 321.16, 4 27 subsection 1, paragraph "b", of the effective date of the 4 28 suspension. Notwithstanding the terms of the Iowa 4 29 administrative procedure Act, chapter 17A, the filing of a 4 30 petition for judicial review shall, except for suspensions 4 31 under paragraph "c", operate to stay the suspension pending 4 32 the determination by the district court. 4 33 Sec. 8. Section 321.210D, subsection 2, Code 2009, is 4 34 amended to read as follows: 4 35 2. Upon receiving notice from the clerk of the district 5 1 court that an indictment or information has been filed 5 2 charging an operator with homicide by vehicle under section 5 3 707.6A, subsection 1 or 2, the department shall notify the 5 4 person pursuant to section 321.16, subsection 1, paragraph "b" 5 5 that the person's driver's license will be suspended effective 5 6 ten days from the date of issuance of the notice. The 5 7 department shall adopt rules relating to the suspension of the 5 8 license of an operator pursuant to this section which shall 5 9 include, but are not limited to, procedures for the surrender 5 10 of the person's license to the department upon the effective 5 11 date of the suspension. 5 12 Sec. 9. Section 321.211, unnumbered paragraph 1, Code 5 13 2009, is amended to read as follows: 5 14 Upon suspending the license of a person as authorized, the 5 15 department shall immediately notify the licenseein writing5 16 pursuant to section 321.16, subsection 1, paragraph "b", and 5 17 upon the licensee's request shall afford the licensee an 5 18 opportunity for a hearing before the department of inspections 5 19 and appeals as early as practical within thirty days after 5 20 receipt of the request. The hearing shall be held by 5 21 telephone conference unless the licensee and the department of 5 22 inspections and appeals agree to hold the hearing in the 5 23 county in which the licensee resides or in some other county. 5 24 Upon the hearing the department of inspections and appeals may 5 25 administer oaths and issue subpoenas for the attendance of 5 26 witnesses and the production of relevant books and papers and 5 27 may require a re=examination of the licensee. Upon the 5 28 hearing and issuance of a recommendation by the department of 5 29 inspections and appeals, the state department of 5 30 transportation shall either rescind its order of suspension or 5 31 for good cause may extend the suspension of the license or 5 32 revoke the license. This section does not preclude the 5 33 director from attempting to effect an informal settlement 5 34 under chapter 17A. 5 35 Sec. 10. Section 321.211A, Code 2009, is amended to read 6 1 as follows: 6 2 321.211A APPEAL OF EXTENDED SUSPENSION OR REVOCATION. 6 3 Notwithstanding any provision of law to the contrary, if a 6 4 person was not served with notice of a suspension or 6 5 revocation under section 321.16,or section 321J.9, subsection 6 6 4, or section 321J.12, subsection 3subsection 1, paragraph 6 7 "b", the person may appeal to the department an extension of 6 8 the period of suspension or revocation based upon a conviction 6 9 under section 321.218 or 321J.21. At the hearing on the 6 10 appeal, the sole issue shall be whether the department failed 6 11 to send notice of the underlying suspension or revocation to 6 12 the person pursuant to section 321.16, subsection 1, paragraph 6 13 "b" at the address contained in the department's records. If 6 14 the department determines it failed to send such notice, the 6 15 department shall rescind the extended suspension or revocation 6 16 resulting from the conviction and send notice of the 6 17 department's determination to the court that rendered the 6 18 conviction. Upon receipt of the notice, the court shall enter 6 19 an order exonerating the person of the conviction and ordering 6 20 that the record of the conviction be expunged by the clerk of 6 21 the district court. 6 22 Sec. 11. Section 321J.9, subsection 4, Code 2009, is 6 23 amended to read as follows: 6 24 4. The effective date of revocation shall be ten days 6 25 after the department has mailed notice of revocation to the 6 26 personby first class mailpursuant to section 321.16, 6 27 subsection 1, paragraph "b", notwithstanding chapter 17A. The 6 28 peace officer who requested or directed the administration of 6 29 a chemical test may, on behalf of the department, serve 6 30 immediate notice of intention to revoke and of revocation on a 6 31 person who refuses to permit chemical testing. If the peace 6 32 officer serves immediate notice, the peace officer shall take 6 33 the Iowa license or permit of the driver, if any, and issue a 6 34 temporary license effective for ten days. The peace officer 6 35 shall immediately send the person's license to the department 7 1 along with the officer's certificate indicating the person's 7 2 refusal to submit to chemical testing. 7 3 Sec. 12. Section 321J.12, subsection 3, Code 2009, is 7 4 amended to read as follows: 7 5 3. The effective date of the revocation shall be ten days 7 6 after the department has mailed notice of revocation to the 7 7 personby first class mailpursuant to section 321.16, 7 8 subsection 1, paragraph "b", notwithstanding chapter 17A. The 7 9 peace officer who requested or directed the administration of 7 10 the chemical test may, on behalf of the department, serve 7 11 immediate notice of revocation on a person whose test results 7 12 indicated the presence of a controlled substance or other 7 13 drug, or an alcohol concentration equal to or in excess of the 7 14 level prohibited by section 321J.2, or a combination of 7 15 alcohol and another controlled substance or drug in violation 7 16 of section 321J.2. 7 17 EXPLANATION 7 18 This bill requires that when the department of 7 19 transportation is authorized or required to give notice of a 7 20 revocation or suspension of a driver's license or permit, or 7 21 disqualification from operating a commercial motor vehicle, 7 22 such notice shall be given by certified mail addressed to the 7 23 person at the address shown in the records of the department. 7 24 The bill authorizes the department of transportation to 7 25 collect a fee from the person to whom the license or permit 7 26 was issued totaling not more than the cost of the certified 7 27 mail postage. 7 28 LSB 1024YH 83 7 29 md/nh/24.1