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:
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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.
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