HSB 707 (LSB 6884YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to the suspension of a person’s driver’s license for unlawful or fraudulent uses, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.210, subsection 1, paragraph a, subparagraph (4), Code 2026, is amended to read as follows:
   (4)  Has unlawfully or fraudulently used or permitted an unlawful or fraudulent use of the a license.
    Sec. 2.  Section 321.212, subsection 1, paragraph a, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  A suspension The department shall suspend a license for six months under section 321.210, subsection 1, paragraph “a”, subparagraph (4), for a violation of section 321.216, 321.216A, 321.216B shall not exceed six months, or 321.216C. As soon as practicable after the period of suspension has expired, but not later than six months after the date of expiration, the department shall expunge information regarding the suspension from the person’s driving record if the suspension was for a violation of section 321.216B or 321.216C.
    Sec. 3.  Section 321.215, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 321.209, subsections 1 through 5; to a juvenile whose license has been suspended or revoked 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; to a person whose license has been suspended pursuant to section 321.210, subsection 1, paragraph “a”, subparagraph (4); to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.
    Sec. 4.  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, paragraph “a”, subparagraph (1), (2), (3), (5), (6), or (7), 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. 5.  APPLICABILITY.  This Act applies to driver’s license suspensions for the unlawful or fraudulent use of a driver’s license on or after July 1, 2027.
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 adopt rules providing for the suspension of a person’s driver’s license for up to one year upon 30 days’ notice and without preliminary hearing upon a showing by the DOT’s records or other sufficient evidence that the person has, among other things, permitted an unlawful or fraudulent use of the person’s license. However, if the suspension is due to a person under the age of 21 altering, displaying, or possessing a fictitious or fraudulently altered driver’s license or nonoperator’s identification card to obtain alcohol, the DOT is authorized to suspend the license for up to six months.
   This bill requires the DOT to suspend, for six months, a person’s driver’s license if the person unlawfully or fraudulently used or permitted an unlawful or fraudulent use of a license in violation of Code section 321.216 (unlawful use of license or nonoperator’s identification card), 321.216A (falsifying driver’s licenses, nonoperator’s identification cards, or forms), 321.216B (use of driver’s license or nonoperator’s identification card by underage person to obtain alcohol), or 321.216C (use of driver’s license or nonoperator’s identification card by underage person to obtain tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes). The bill also prohibits the DOT from issuing a temporary restricted license while a person’s driver’s license is suspended pursuant to the bill, and prevents a person from applying for a temporary restricted license due to hardship or circumstances where alternative means of transportation do not exist.
   The bill does not amend the requirement for the DOT to expunge, as soon as practicable after the period of suspension has expired but not later than six months after the date of expiration, information regarding the suspension from the person’s driving record if the suspension was for a violation of Code section 321.216B. The bill extends this expungement requirement to violations of Code section 321.216C.
   A driver’s license that has been suspended is eligible for reinstatement following the period of suspension upon payment of a $20 reinstatement fee.
   The bill applies to suspensions for the unlawful or fraudulent use of a driver’s license on or after July 1, 2027.