Read the full stored bill text
House
File
2653
-
Introduced
HOUSE
FILE
2653
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
707)
A
BILL
FOR
An
Act
relating
to
the
suspension
of
a
person’s
driver’s
1
license
for
unlawful
or
fraudulent
uses,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6884HV
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2653
Section
1.
Section
321.210,
subsection
1,
paragraph
a,
1
subparagraph
(4),
Code
2026,
is
amended
to
read
as
follows:
2
(4)
Has
unlawfully
or
fraudulently
used
or
permitted
an
3
unlawful
or
fraudulent
use
of
the
a
license.
4
Sec.
2.
Section
321.212,
subsection
1,
paragraph
a,
5
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
6
(2)
A
suspension
The
department
shall
suspend
a
license
for
7
thirty
days
under
section
321.210,
subsection
1
,
paragraph
“a”
,
8
subparagraph
(4),
for
a
violation
of
section
321.216,
321.216A,
9
321.216B
shall
not
exceed
six
months
,
or
321.216C
.
As
soon
as
10
practicable
after
the
period
of
suspension
has
expired,
but
11
not
later
than
six
months
after
the
date
of
expiration,
the
12
department
shall
expunge
information
regarding
the
suspension
13
from
the
person’s
driving
record
if
the
suspension
was
for
a
14
violation
of
section
321.216B
or
321.216C
.
15
Sec.
3.
Section
321.215,
subsection
1,
paragraph
b,
Code
16
2026,
is
amended
to
read
as
follows:
17
b.
However,
a
temporary
restricted
license
shall
not
be
18
issued
to
a
person
whose
license
is
revoked
pursuant
to
a
court
19
order
issued
under
section
321.209,
subsections
1
through
5
;
to
20
a
juvenile
whose
license
has
been
suspended
or
revoked
pursuant
21
to
a
dispositional
order
under
section
232.52,
subsection
2
,
22
paragraph
“a”
,
for
a
violation
of
chapter
124
or
453B
or
section
23
126.3
;
to
a
person
whose
license
has
been
suspended
pursuant
to
24
section
321.210,
subsection
1,
paragraph
“a”
,
subparagraph
(4);
25
to
a
juvenile
whose
license
has
been
suspended
under
section
26
321.213B
;
or
to
a
person
whose
license
has
been
suspended
27
pursuant
to
a
court
order
under
section
714.7D
.
A
temporary
28
restricted
license
may
be
issued
to
a
person
whose
license
is
29
revoked
under
section
321.209,
subsection
6
,
only
if
the
person
30
has
no
previous
drag
racing
convictions.
A
person
holding
a
31
temporary
restricted
license
issued
by
the
department
under
32
this
section
shall
not
operate
a
motor
vehicle
for
pleasure.
33
Sec.
4.
Section
321.215,
subsection
2,
unnumbered
paragraph
34
1,
Code
2026,
is
amended
to
read
as
follows:
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Upon
conviction
and
the
suspension
or
revocation
of
a
1
person’s
noncommercial
driver’s
license
under
section
321.209,
2
subsection
5,
6,
or
7,
or
section
321.210,
subsection
1,
3
paragraph
“a”
,
subparagraph
(1),
(2),
(3),
(5),
(6),
or
(7),
or
4
section
321.210A
,
or
321.513
;
or
upon
the
denial
of
issuance
5
of
a
noncommercial
driver’s
license
under
section
321.560
,
6
based
solely
on
offenses
enumerated
in
section
321.555,
7
subsection
1
,
paragraph
“c”
,
or
section
321.555,
subsection
8
2
;
or
upon
suspension
or
revocation
of
a
juvenile’s
driver’s
9
license
pursuant
to
a
dispositional
order
under
section
232.52,
10
subsection
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
11
or
453B
,
or
section
126.3
;
or
upon
suspension
of
a
driver’s
12
license
pursuant
to
a
court
order
under
section
714.7D
,
the
13
person
may
apply
to
the
department
for
a
temporary
restricted
14
license
to
operate
a
motor
vehicle
for
the
limited
purpose
or
15
purposes
specified
in
subsection
1
.
The
application
may
be
16
granted
only
if
all
of
the
following
criteria
are
satisfied:
17
Sec.
5.
APPLICABILITY.
This
Act
applies
to
driver’s
license
18
suspensions
for
the
unlawful
or
fraudulent
use
of
a
driver’s
19
license
on
or
after
July
1,
2027.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
Under
current
law,
the
department
of
transportation
(DOT)
24
is
authorized
to
adopt
rules
providing
for
the
suspension
of
25
a
person’s
driver’s
license
for
up
to
one
year
upon
30
days’
26
notice
and
without
preliminary
hearing
upon
a
showing
by
the
27
DOT’s
records
or
other
sufficient
evidence
that
the
person
has,
28
among
other
things,
permitted
an
unlawful
or
fraudulent
use
of
29
the
person’s
license.
However,
if
the
suspension
is
due
to
a
30
person
under
the
age
of
21
altering,
displaying,
or
possessing
31
a
fictitious
or
fraudulently
altered
driver’s
license
or
32
nonoperator’s
identification
card
to
obtain
alcohol,
the
DOT
is
33
authorized
to
suspend
the
license
for
up
to
six
months.
34
This
bill
requires
the
DOT
to
suspend,
for
30
days,
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a
person’s
driver’s
license
if
the
person
unlawfully
or
1
fraudulently
used
or
permitted
an
unlawful
or
fraudulent
use
2
of
a
license
in
violation
of
Code
section
321.216
(unlawful
3
use
of
license
or
nonoperator’s
identification
card),
321.216A
4
(falsifying
driver’s
licenses,
nonoperator’s
identification
5
cards,
or
forms),
321.216B
(use
of
driver’s
license
or
6
nonoperator’s
identification
card
by
underage
person
to
7
obtain
alcohol),
or
321.216C
(use
of
driver’s
license
or
8
nonoperator’s
identification
card
by
underage
person
to
obtain
9
tobacco,
tobacco
products,
alternative
nicotine
products,
10
vapor
products,
or
cigarettes).
The
bill
also
prohibits
11
the
DOT
from
issuing
a
temporary
restricted
license
while
a
12
person’s
driver’s
license
is
suspended
pursuant
to
the
bill,
13
and
prevents
a
person
from
applying
for
a
temporary
restricted
14
license
due
to
hardship
or
circumstances
where
alternative
15
means
of
transportation
do
not
exist.
16
The
bill
does
not
amend
the
requirement
for
the
DOT
to
17
expunge,
as
soon
as
practicable
after
the
period
of
suspension
18
has
expired
but
not
later
than
six
months
after
the
date
of
19
expiration,
information
regarding
the
suspension
from
the
20
person’s
driving
record
if
the
suspension
was
for
a
violation
21
of
Code
section
321.216B.
The
bill
extends
this
expungement
22
requirement
to
violations
of
Code
section
321.216C.
23
A
driver’s
license
that
has
been
suspended
is
eligible
for
24
reinstatement
following
the
period
of
suspension
upon
payment
25
of
a
$20
reinstatement
fee.
26
The
bill
applies
to
suspensions
for
the
unlawful
or
27
fraudulent
use
of
a
driver’s
license
on
or
after
July
1,
2027.
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