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.  When Except 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", upon service of notice 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 person by first class mail
  3 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 licensee in writing
  5 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 3 subsection 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 person by first class mail pursuant 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 person by first class mail pursuant 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