HSB 560 (LSB 5767YC (3) 91)

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 to a person physically or mentally incapable of safely operating a motor vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.180A, subsections 1 and 3, Code 2026, are amended to read as follows:
   1.  Notwithstanding other provisions of this chapter, a person with a physical disability, who is not suffering from a convulsive disorder and who can provide a favorable medical report, whose license renewal has been denied under section 321.177, subsection 6 or 7, or whose driver’s license has been suspended under section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), upon meeting the requirements of section 321.186, other than a driving demonstration or elimination of the person’s limitations which caused the denial under section 321.177, subsection 6 or 7, or suspension under section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), and upon paying the fee required in section 321.191, shall be issued a special instruction permit by the department. Upon issuance of the permit the denial or suspension shall be stayed and the stay shall remain in effect as long as the permit is valid.
   3.  The permittee may apply for a driver’s license if thirty days have elapsed since issuance of the special instruction permit. The department shall issue a driver’s license if the permittee is qualified, passes all required tests, including a driving test, and pays the required fees. If the person has not obtained a driver’s license before expiration of the person’s special instruction permit, the person’s former denial or suspension under section 321.177, subsection 6 or 7, or section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), upon service of notice by the department, shall be reinstated. A permit shall be reissued for one additional six-month period if a permittee continues to meet the qualifications of subsection 1 and has incurred no motor vehicle violations.
    Sec. 2.  Section 321.190, subsection 1, paragraph d, Code 2026, is amended to read as follows:
   d.  The fee for a nonoperator’s identification card shall be eight dollars and the card shall be valid for a period of eight years from the date of issuance. If an applicant for a nonoperator’s identification card is a foreign national who is temporarily present in this state, the nonoperator’s identification card shall be issued only for the length of time the foreign national is authorized to be present as determined by the department, not to exceed two years. An issuance fee shall not be charged for a person whose driver’s license or driving privilege has been suspended under section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), or voluntarily surrendered by the person in lieu of suspension under section 321.210, subsection 1, paragraph “a”, or section 321.210, subsection 3.
    Sec. 3.  Section 321.191, subsection 8, Code 2026, is amended to read as follows:
   8.  Driver’s license reinstatements.  The fee for reinstatement of a driver’s license shall be twenty dollars for a license which is, after notice and opportunity for hearing, canceled, suspended, revoked, or barred. However, reinstatement of the privilege suspended under section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), shall be without fee. The fee for reinstatement of the privilege to operate a commercial motor vehicle after a period of disqualification shall be twenty dollars.
    Sec. 4.  Section 321.210, subsection 1, paragraph a, subparagraph (3), Code 2026, is amended by striking the subparagraph.
    Sec. 5.  Section 321.210, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  Prior to a suspension taking effect under paragraph “a”, subparagraph (1), (2), (3), (4), (5), or (6), the licensee shall have received thirty days’ advance notice of the effective date of the suspension. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, the filing of a petition for judicial review shall, except for suspensions under paragraph “a”, subparagraph (3), operate to stay the suspension pending the determination by the district court.
    Sec. 6.  Section 321.210, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The department shall suspend the driver’s license of a person without preliminary hearing if the department determines, based on a showing of the department’s records or sufficient evidence received by the department, the person is physically or mentally incapable of safely operating a motor vehicle. The department shall give notice to the person pursuant to section 321.16 that the person’s driver’s license has been suspended. Notice of the suspension shall be deemed given when mailed. A peace officer may, on behalf of the department, serve immediate notice of suspension. If a peace officer serves immediate notice, the peace officer shall take the Iowa driver’s license of the person, if any, and send the license to the department. The filing of a petition for judicial review shall not operate to stay the suspension pending the determination by a district court.
    Sec. 7.  Section 321.215, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5, 6, or 7, or section 321.210, subsection 1, or section 321.210A, or 321.513; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
    Sec. 8.  Section 321.218, subsection 3, paragraph a, Code 2026, is amended to read as follows:
   a.  The department, upon receiving the record of the conviction of a person under this section upon a charge of operating a motor vehicle while the license of the person is suspended or revoked, shall, except for licenses suspended under section 252J.8, section 321.210, subsection 1 3, paragraph “a”, subparagraph (3), or section 321.210A or 321.513, extend the period of suspension or revocation for an additional like period or for one year, whichever period is shorter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of transportation (DOT) is authorized to establish rules providing for the suspension of a driver’s license upon 30 days’ notice and without preliminary hearing upon a showing by the DOT’s records or other sufficient evidence that, among other things, a licensee is physically or mentally incapable of safely operating a motor vehicle. The DOT is also prohibited from issuing a driver’s license to any person when the DOT has good cause to believe the person by reason of physical or mental disability would not be able to operate a motor vehicle safely. A licensed physician, advanced registered nurse practitioner, physician assistant, or optometrist may report to the DOT the identity of a person who has been diagnosed as having a physical or mental condition which would render the person physically or mentally incompetent to operate a motor vehicle in a safe manner. A license suspended because of a person’s incompetency to drive a motor vehicle must be suspended until the DOT receives satisfactory evidence that the person is competent to operate a motor vehicle. There is no fee required for a person whose driving privileges are reinstated following a suspension due to physical or mental incapability.
   Current law also authorizes the DOT to issue a special instruction permit to a person with a physical disability, who is not suffering from a convulsive disorder and who can provide a favorable medical report, whose driver’s license has been suspended due to the person being physically or mentally incapable of safely operating a motor vehicle. The special instruction permit entitles the permittee to operate a noncommercial motor vehicle upon the highways for a period of six months from the date of issuance. The permittee must be accompanied by a person who is at least 21 years of age, who has been issued a driver’s license valid for the vehicle being operated, and who is actually occupying a seat beside the permittee.
   This bill requires the DOT to suspend the driver’s license of a person without preliminary hearing, and without 30 days’ notice as required under current law, if the DOT determines, based on a showing of the DOT’s records or sufficient evidence received by the DOT, the person is physically or mentally incapable of safely operating a motor vehicle. The DOT must give notice to the person that the person’s driver’s license has been suspended by personal delivery to the person, by personal service, or by first class mail addressed to the person at the address shown in the records of the DOT. Notice is deemed given when mailed. Alternatively, a peace officer may, on behalf of the DOT, serve immediate notice suspension on the person. If a peace officer serves immediate notice, the peace officer is required to take the Iowa driver’s license of the person, if any, and send the license to the DOT. In accordance with current law, a driver’s license suspended pursuant to the bill cannot be stayed by the filing of a petition for judicial review.
   A person who operates a motor vehicle while the person’s driver’s license is suspended under Code chapter 321 (motor vehicles and law of the road) commits a simple misdemeanor, punishable by confinement for no more than 30 days and a fine of not less than $250 nor more than $1,500 (Code section 321.218).