Senate File 256 - Introduced SENATE FILE BY BOLKCOM Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the civil penalty imposed when a driver's 2 license is suspended or revoked, by allowing the penalty to be 3 paid in installments. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2321SS 82 6 dea/es/88 PAG LIN 1 1 Section 1. Section 321.218A, as amended by 2005 Acts, 1 2 chapter 54, section 2, is amended to read as follows: 1 3 321.218A CIVIL PENALTY == DISPOSITION == REINSTATEMENT. 1 4 When the department suspends, revokes, or bars a person's 1 5 driver's license or nonresident operating privilege for a 1 6 conviction under this chapter, the department shall assess the 1 7 person a civil penalty of two hundred dollars. However, for 1 8 persons age nineteen or under, the civil penalty assessed 1 9 shall be fifty dollars. The civil penalty does not apply to a 1 10 suspension issued for a violation of section 321.180B. The 1 11 money collected by the department under this section shall be 1 12 transmitted to the treasurer of state who shall deposit the 1 13 money in the juvenile detention home fund created in section 1 14 232.142. The department shall develop procedures to accept 1 15 payment of the civil penalty in installments according to a 1 16 reasonable schedule agreed to by the department and the person 1 17 owing the penalty. A temporary restricted license shall not 1 18 be issued or a driver's license or nonresident operating 1 19 privilege reinstated until the civil penalty has been paid or 1 20 until an agreement has been entered into for payment of the 1 21 civil penalty in installments. The department may suspend or 1 22 revoke the temporary restricted license of a person who 1 23 violates the terms of a payment agreement. A person assessed 1 24 a penalty under this section may remit full payment of the 1 25 civil penalty along with a processing fee of five dollars to a 1 26 county treasurer authorized to issue driver's licenses under 1 27 chapter 321M, or the civil penalty may be paid directly to the 1 28 department. 1 29 Sec. 2. Section 321A.32A, as amended by 2005 Acts, chapter 1 30 54, section 6, is amended to read as follows: 1 31 321A.32A CIVIL PENALTY == DISPOSITION == REINSTATEMENT. 1 32 When the department suspends, revokes, or bars a person's 1 33 driver's license or nonresident operating privilege under this 1 34 chapter, the department shall assess the person a civil 1 35 penalty of two hundred dollars. However, for persons age 2 1 nineteen or under, the civil penalty assessed shall be fifty 2 2 dollars. The money collected by the department under this 2 3 section shall be transmitted to the treasurer of state who 2 4 shall deposit the money in the juvenile detention home fund 2 5 created in section 232.142. The department shall develop 2 6 procedures to accept payment of the civil penalty in 2 7 installments according to a reasonable schedule agreed to by 2 8 the department and the person owing the penalty. A temporary 2 9 restricted license shall not be issued or a driver's license 2 10 or nonresident operating privilege reinstated until the civil 2 11 penalty has been paid or until an agreement has been entered 2 12 into for payment of the civil penalty in installments. The 2 13 department may suspend or revoke the temporary restricted 2 14 license of a person who violates the terms of a payment 2 15 agreement. A person assessed a penalty under this section may 2 16 remit full payment of the civil penalty along with a 2 17 processing fee of five dollars to a county treasurer 2 18 authorized to issue driver's licenses under chapter 321M, or 2 19 the civil penalty may be paid directly to the department. 2 20 EXPLANATION 2 21 This bill allows a person whose driver's license has been 2 22 suspended or revoked to pay the civil penalty required for 2 23 reinstatement of the license in installments, rather than in a 2 24 lump=sum payment, according to an agreement between the 2 25 licensee and the department of transportation. Once a payment 2 26 plan is agreed to, the person would be eligible for a 2 27 temporary restricted license, or to license reinstatement. 2 28 Failure to make the payments agreed to would be grounds for 2 29 suspension or revocation of the temporary restricted license. 2 30 Beginning July 1, 2007, the civil penalty may be paid in full, 2 31 along with a processing fee of $5, to a county treasurer 2 32 authorized to issue driver's licenses. Installment payments 2 33 would be made directly to the department. 2 34 Currently, when a driver's license or nonresident operating 2 35 privilege is suspended, revoked, or barred, a $200 civil 3 1 penalty is imposed, or for a person 19 years of age or 3 2 younger, a $50 penalty is imposed. A temporary restricted 3 3 license may not be issued and a driver's license or 3 4 nonresident operating privilege may not be reinstated until 3 5 the civil penalty is paid. Moneys collected from the 3 6 penalties are credited to the juvenile detention home fund. 3 7 LSB 2321SS 82 3 8 dea:nh/es/88