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House
File
2350
-
Introduced
HOUSE
FILE
2350
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
560)
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
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H.F.
2350
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
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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
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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
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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
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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
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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).
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