H.F. 649 Section 1. NEW SECTION . 321.211B Actions against driver’s 1 license or operating privilege —— notice requirements. 2 1. Notwithstanding any provision of this chapter 3 regarding the department’s receipt of a record of a person’s 4 conviction that would result in a suspension, revocation, 5 disqualification, cancellation, or denial of a person’s 6 driver’s license or operating privilege, the department 7 shall mail notice of the applicable action against a person’s 8 driver’s license or operating privilege to the person within 9 thirty days of the date of conviction. If the department 10 fails to mail timely notice, any untimely notice shall be 11 deemed invalid and the department shall not suspend, revoke, 12 disqualify, cancel, or deny the person’s driver’s license 13 or operating privilege under this chapter based on that 14 conviction. 15 2. Any suspension, revocation, disqualification, 16 cancellation, or denial of a person’s driver’s license or 17 operating privilege that is based on the applicable conviction 18 and that occurred prior to the department’s failure to provide 19 timely notice under this section shall be rescinded. 20 Sec. 2. NEW SECTION . 321J.12A Actions against driver’s 21 license or operating privilege —— notice requirements. 22 1. Notwithstanding any provision of this chapter or 23 chapter 321 regarding the department’s receipt of an officer’s 24 certification or a record of a person’s conviction that would 25 result in a revocation or disqualification of a person’s 26 driver’s license or operating privilege under section 321.208, 27 subsection 13, or section 321J.4, 321J.9, or 321J.12, the 28 department shall mail notice of the applicable action against 29 a person’s driver’s license or operating privilege to the 30 person within thirty days of the date of the test refusal, test 31 failure, or conviction, as applicable. If the department fails 32 to mail timely notice, any untimely notice shall be deemed 33 invalid and the department shall not revoke or disqualify 34 the person’s driver’s license or operating privilege under 35 -1- LSB 2537YH (3) 89 th/ns 1/ 3

H.F. 649 this chapter or chapter 321 based on that test refusal, test 1 failure, or conviction, as applicable. 2 2. Any revocation or disqualification of a person’s 3 driver’s license or operating privilege that is based on the 4 test refusal, test failure, or conviction, as applicable, and 5 that occurred prior to the department’s failure to provide 6 timely notice under this section shall be rescinded. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 Under current law, a person’s driver’s license or operating 11 privilege may be suspended, revoked, disqualified, canceled, 12 or denied by the department of transportation (DOT) after the 13 occurrence of certain events. In some instances, the DOT 14 is authorized or required to take adverse action against a 15 person’s driver’s license or operating privilege upon the DOT 16 receiving a record of the licensee’s conviction for certain 17 offenses. 18 For restricted driver’s licenses issued under Code section 19 321.178 and special minor’s driver’s licenses issued under Code 20 section 321.194, such offenses include use of an electronic 21 communication device while driving and one or more traffic 22 violations, excluding parking violations. 23 For commercial driver’s licenses, such offenses include 24 but are not limited to operating while intoxicated, leaving 25 the scene or failing to stop or render aid at the scene of 26 an accident involving the person’s vehicle, committing a 27 felony or aggravated misdemeanor involving the use of a motor 28 vehicle, using a commercial motor vehicle in the commission of 29 a felony or aggravated misdemeanor involving manufacturing, 30 distributing, or dispensing a controlled substance, using 31 a commercial motor vehicle in the commission of a felony 32 involving an act or practice of human trafficking, and a 33 conviction of manslaughter or vehicular homicide for an 34 accident involving the operation of a commercial motor vehicle. 35 -2- LSB 2537YH (3) 89 th/ns 2/ 3

H.F. 649 For general driver’s licenses or operating privilege, such 1 offenses include but are not limited to manslaughter resulting 2 from the operation of a motor vehicle, a felony if during the 3 commission of the felony a motor vehicle is used, failing to 4 stop and render aid in the event of a motor vehicle accident 5 resulting in the death or personal injury of another, perjury 6 or the making of a false affidavit or statement under oath 7 to the DOT relating to the ownership or operation of motor 8 vehicles, reckless driving, drag racing, eluding or attempting 9 to elude a law enforcement vehicle, approaching an authorized 10 emergency vehicle that is displaying flashing lights without 11 due caution, or committing fraud to obtain the driver’s 12 license. 13 This bill requires the DOT to provide notice to a person 14 within 30 days of a conviction for which the person’s license 15 or operating privilege is or otherwise would be suspended, 16 revoked, disqualified, canceled, or denied. The DOT is 17 prohibited from taking adverse action against a person’s 18 driver’s license or operating privilege if timely notice is 19 not provided and any adverse action against a license or 20 operating privilege that is based on the conviction and that 21 occurred prior to the DOT’s failure to provide timely notice 22 is rescinded. 23 Under Code chapter 321J, the DOT is authorized to revoke a 24 person’s driver’s license or operating privilege if the person 25 refuses to submit to chemical testing, if the person submits 26 to a test and the test result indicates the presence of a 27 prohibited substance or an alcohol concentration equal to or 28 in excess of the legal limit, or the person is convicted under 29 the chapter. The bill requires the DOT to provide notice to 30 a person within 30 days of the person’s test refusal, test 31 result, or conviction. If the DOT fails to provide timely 32 notice, the DOT is prohibited from taking adverse action 33 against the license or operating privilege based on the test 34 refusal, test failure, or conviction. 35 -3- LSB 2537YH (3) 89 th/ns 3/ 3