House Study Bill 560 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON JONES) A BILL FOR An Act relating to the suspension of a driver’s license issued 1 to a person physically or mentally incapable of safely 2 operating a motor vehicle. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5767YC (3) 91 th/ns

H.F. _____ Section 1. Section 321.180A, subsections 1 and 3, Code 2026, 1 are amended to read as follows: 2 1. Notwithstanding other provisions of this chapter , a 3 person with a physical disability, who is not suffering from 4 a convulsive disorder and who can provide a favorable medical 5 report, whose license renewal has been denied under section 6 321.177, subsection 6 or 7 , or whose driver’s license has been 7 suspended under section 321.210, subsection 1 3 , paragraph “a” , 8 subparagraph (3), upon meeting the requirements of section 9 321.186 , other than a driving demonstration or elimination 10 of the person’s limitations which caused the denial under 11 section 321.177, subsection 6 or 7 , or suspension under section 12 321.210, subsection 1 3 , paragraph “a” , subparagraph (3), and 13 upon paying the fee required in section 321.191 , shall be 14 issued a special instruction permit by the department. Upon 15 issuance of the permit the denial or suspension shall be stayed 16 and the stay shall remain in effect as long as the permit is 17 valid. 18 3. The permittee may apply for a driver’s license if thirty 19 days have elapsed since issuance of the special instruction 20 permit. The department shall issue a driver’s license if the 21 permittee is qualified, passes all required tests, including 22 a driving test, and pays the required fees. If the person 23 has not obtained a driver’s license before expiration of the 24 person’s special instruction permit, the person’s former 25 denial or suspension under section 321.177, subsection 6 26 or 7 , or section 321.210, subsection 1 3 , paragraph “a” , 27 subparagraph (3), upon service of notice by the department, 28 shall be reinstated. A permit shall be reissued for one 29 additional six-month period if a permittee continues to meet 30 the qualifications of subsection 1 and has incurred no motor 31 vehicle violations. 32 Sec. 2. Section 321.190, subsection 1, paragraph d, Code 33 2026, is amended to read as follows: 34 d. The fee for a nonoperator’s identification card shall 35 -1- LSB 5767YC (3) 91 th/ns 1/ 6

H.F. _____ be eight dollars and the card shall be valid for a period of 1 eight years from the date of issuance. If an applicant for 2 a nonoperator’s identification card is a foreign national 3 who is temporarily present in this state, the nonoperator’s 4 identification card shall be issued only for the length of time 5 the foreign national is authorized to be present as determined 6 by the department, not to exceed two years. An issuance fee 7 shall not be charged for a person whose driver’s license or 8 driving privilege has been suspended under section 321.210, 9 subsection 1 3 , paragraph “a” , subparagraph (3), or voluntarily 10 surrendered by the person in lieu of suspension under section 11 321.210, subsection 1 , paragraph “a” , or section 321.210, 12 subsection 3 . 13 Sec. 3. Section 321.191, subsection 8, Code 2026, is amended 14 to read as follows: 15 8. Driver’s license reinstatements. The fee for 16 reinstatement of a driver’s license shall be twenty dollars 17 for a license which is, after notice and opportunity for 18 hearing, canceled, suspended, revoked, or barred. However, 19 reinstatement of the privilege suspended under section 321.210, 20 subsection 1 3 , paragraph “a” , subparagraph (3), shall be 21 without fee. The fee for reinstatement of the privilege 22 to operate a commercial motor vehicle after a period of 23 disqualification shall be twenty dollars. 24 Sec. 4. Section 321.210, subsection 1, paragraph a, 25 subparagraph (3), Code 2026, is amended by striking the 26 subparagraph. 27 Sec. 5. Section 321.210, subsection 1, paragraph b, Code 28 2026, is amended to read as follows: 29 b. Prior to a suspension taking effect under paragraph “a” , 30 subparagraph (1), (2), (3), (4), (5), or (6), the licensee 31 shall have received thirty days’ advance notice of the 32 effective date of the suspension. Notwithstanding the terms of 33 the Iowa administrative procedure Act, chapter 17A , the filing 34 of a petition for judicial review shall , except for suspensions 35 -2- LSB 5767YC (3) 91 th/ns 2/ 6

H.F. _____ under paragraph “a” , subparagraph (3), operate to stay the 1 suspension pending the determination by the district court. 2 Sec. 6. Section 321.210, Code 2026, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 3. The department shall suspend the 5 driver’s license of a person without preliminary hearing if the 6 department determines, based on a showing of the department’s 7 records or sufficient evidence received by the department, the 8 person is physically or mentally incapable of safely operating 9 a motor vehicle. The department shall give notice to the 10 person pursuant to section 321.16 that the person’s driver’s 11 license has been suspended. Notice of the suspension shall 12 be deemed given when mailed. A peace officer may, on behalf 13 of the department, serve immediate notice of suspension. If 14 a peace officer serves immediate notice, the peace officer 15 shall take the Iowa driver’s license of the person, if any, and 16 send the license to the department. The filing of a petition 17 for judicial review shall not operate to stay the suspension 18 pending the determination by a district court. 19 Sec. 7. Section 321.215, subsection 2, unnumbered paragraph 20 1, Code 2026, is amended to read as follows: 21 Upon conviction and the suspension or revocation of a 22 person’s noncommercial driver’s license under section 321.209, 23 subsection 5, 6, or 7, or section 321.210 , subsection 1, or 24 section 321.210A , or 321.513 ; or upon the denial of issuance 25 of a noncommercial driver’s license under section 321.560 , 26 based solely on offenses enumerated in section 321.555, 27 subsection 1 , paragraph “c” , or section 321.555, subsection 28 2 ; or upon suspension or revocation of a juvenile’s driver’s 29 license pursuant to a dispositional order under section 232.52, 30 subsection 2 , paragraph “a” , for a violation of chapter 124 31 or 453B , or section 126.3 ; or upon suspension of a driver’s 32 license pursuant to a court order under section 714.7D , the 33 person may apply to the department for a temporary restricted 34 license to operate a motor vehicle for the limited purpose or 35 -3- LSB 5767YC (3) 91 th/ns 3/ 6

H.F. _____ purposes specified in subsection 1 . The application may be 1 granted only if all of the following criteria are satisfied: 2 Sec. 8. Section 321.218, subsection 3, paragraph a, Code 3 2026, is amended to read as follows: 4 a. The department, upon receiving the record of the 5 conviction of a person under this section upon a charge of 6 operating a motor vehicle while the license of the person is 7 suspended or revoked, shall, except for licenses suspended 8 under section 252J.8 , section 321.210, subsection 1 3 , 9 paragraph “a” , subparagraph (3), or section 321.210A or 10 321.513 , extend the period of suspension or revocation for an 11 additional like period or for one year, whichever period is 12 shorter. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Under current law, the department of transportation (DOT) 17 is authorized to establish rules providing for the suspension 18 of a driver’s license upon 30 days’ notice and without 19 preliminary hearing upon a showing by the DOT’s records or 20 other sufficient evidence that, among other things, a licensee 21 is physically or mentally incapable of safely operating a motor 22 vehicle. The DOT is also prohibited from issuing a driver’s 23 license to any person when the DOT has good cause to believe 24 the person by reason of physical or mental disability would 25 not be able to operate a motor vehicle safely. A licensed 26 physician, advanced registered nurse practitioner, physician 27 assistant, or optometrist may report to the DOT the identity of 28 a person who has been diagnosed as having a physical or mental 29 condition which would render the person physically or mentally 30 incompetent to operate a motor vehicle in a safe manner. A 31 license suspended because of a person’s incompetency to drive 32 a motor vehicle must be suspended until the DOT receives 33 satisfactory evidence that the person is competent to operate 34 a motor vehicle. There is no fee required for a person whose 35 -4- LSB 5767YC (3) 91 th/ns 4/ 6

H.F. _____ driving privileges are reinstated following a suspension due to 1 physical or mental incapability. 2 Current law also authorizes the DOT to issue a special 3 instruction permit to a person with a physical disability, 4 who is not suffering from a convulsive disorder and who can 5 provide a favorable medical report, whose driver’s license 6 has been suspended due to the person being physically or 7 mentally incapable of safely operating a motor vehicle. The 8 special instruction permit entitles the permittee to operate 9 a noncommercial motor vehicle upon the highways for a period 10 of six months from the date of issuance. The permittee must 11 be accompanied by a person who is at least 21 years of age, 12 who has been issued a driver’s license valid for the vehicle 13 being operated, and who is actually occupying a seat beside the 14 permittee. 15 This bill requires the DOT to suspend the driver’s license 16 of a person without preliminary hearing, and without 30 days’ 17 notice as required under current law, if the DOT determines, 18 based on a showing of the DOT’s records or sufficient evidence 19 received by the DOT, the person is physically or mentally 20 incapable of safely operating a motor vehicle. The DOT must 21 give notice to the person that the person’s driver’s license 22 has been suspended by personal delivery to the person, by 23 personal service, or by first class mail addressed to the 24 person at the address shown in the records of the DOT. Notice 25 is deemed given when mailed. Alternatively, a peace officer 26 may, on behalf of the DOT, serve immediate notice suspension on 27 the person. If a peace officer serves immediate notice, the 28 peace officer is required to take the Iowa driver’s license 29 of the person, if any, and send the license to the DOT. In 30 accordance with current law, a driver’s license suspended 31 pursuant to the bill cannot be stayed by the filing of a 32 petition for judicial review. 33 A person who operates a motor vehicle while the person’s 34 driver’s license is suspended under Code chapter 321 (motor 35 -5- LSB 5767YC (3) 91 th/ns 5/ 6

H.F. _____ vehicles and law of the road) commits a simple misdemeanor, 1 punishable by confinement for no more than 30 days and a fine 2 of not less than $250 nor more than $1,500 (Code section 3 321.218). 4 -6- LSB 5767YC (3) 91 th/ns 6/ 6