HF 2006 (LSB 5153HH (2) 88)

HOUSE FILE 2006

BY  WOLFE

A BILL FOR

An Act relating to child support delinquency and licensing sanctions relative to operation of a motor vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 252J.1, subsections 3 and 5, Code 2020, are amended to read as follows:
   3.  “License” means a license, certification, registration, permit, approval, renewal, or other similar authorization issued to an individual by a licensing authority which evidences the admission to, or granting of authority to engage in, a profession, occupation, business, industry, or recreation or to operate or register a motor vehicle. “License” includes licenses for hunting, fishing, boating, or other recreational activity but does not include a license to operate a motor vehicle.
   5.  “Licensing authority” means a county treasurer, county recorder or designated depositary, the supreme court, or an instrumentality, agency, board, commission, department, officer, organization, or any other entity of the state, which has authority within this state to suspend or revoke a license or to deny the renewal or issuance of a license authorizing an individual to register or operate a motor vehicle or to engage in a business, occupation, profession, recreation, or industry, but not to operate a motor vehicle.
    Sec. 2.  Section 321.218, subsection 1, Code 2020, is amended to read as follows:
   1.  A person whose driver’s license or operating privilege has been denied, canceled, suspended, or revoked as provided in this chapter or as provided in section 252J.8, and who operates a motor vehicle upon the highways of this state while the license or privilege is denied, canceled, suspended, or revoked, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars nor more than one thousand five hundred dollars.
    Sec. 3.  Section 321.218, subsection 3, paragraph a, Code 2020, is amended to read as follows:
   a.  The department, upon receiving the record of the conviction of a person under this section upon a charge of operating a motor vehicle while the license of the person is suspended or revoked, shall, except for licenses suspended under section 252J.8, 321.210, subsection 1, paragraph “a”, subparagraph (3), or section 321.210A or 321.513, extend the period of suspension or revocation for an additional like period or for one year, whichever period is shorter, and the department shall not issue a new driver’s license to the person during the extended period.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill eliminates the application of child support delinquency licensing sanctions to a license to operate a motor vehicle and to a licensing authority that has the authority to suspend, revoke, deny, or renew a license. Under current law, a person who is ordered to pay support for the benefit of a child, who is three months delinquent on that support obligation and who meets additional criteria may be subject to licensing sanctions. Current law defines “license” as including a license to operate a motor vehicle and “licensing authority” as including an entity of the state that has the authority to suspend or revoke a license or to deny the renewal or issuance of a license, including a license authorizing an individual to operate a motor vehicle.