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