House File 2039 - Introduced HOUSE FILE 2039 BY WOLFE A BILL FOR An Act regarding the suspension of a person’s driver’s license 1 for failure to pay a fine, penalty, surcharge, or court 2 costs associated with a motor vehicle violation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5066HH (3) 88 mo/ns
H.F. 2039 Section 1. Section 321.12, subsection 3, paragraph a, Code 1 2020, is amended to read as follows: 2 a. Records concerning suspensions authorized under section 3 321.210, subsection 1 , paragraph “a” , subparagraph (7), 4 and section 321.210A may be destroyed six months after the 5 suspension is terminated and the requirements of section 6 321.191 have been satisfied. 7 Sec. 2. Section 321.210B, subsection 1, paragraph a, Code 8 2020, is amended to read as follows: 9 a. If a person’s fine, penalty, surcharge, or court 10 cost is deemed delinquent as provided in section 602.8107, 11 subsection 2 , and the person’s driver’s license has been 12 suspended pursuant to section 321.210A , or the clerk of the 13 district court has reported the delinquency to the department 14 as required by section 321.210A , the person may execute an 15 installment agreement as defined in section 602.8107 with 16 the county attorney, the county attorney’s designee, or the 17 private collection designee under contract with the judicial 18 branch pursuant to section 602.8107, subsection 5 , to pay the 19 delinquent amount and the civil penalty assessed in subsection 20 7 in installments. Prior to execution of the installment 21 agreement, the person shall provide the county attorney, the 22 county attorney’s designee, or the private collection designee 23 with a financial statement in order for the parties to the 24 agreement to determine the amount of the installment payments. 25 Sec. 3. Section 321.210B, subsection 10, Code 2020, is 26 amended to read as follows: 27 10. Upon receipt of a report of a default from the clerk of 28 the district court, the department shall suspend the driver’s 29 license of a person as provided in section 321.210A who has 30 failed to pay the full amount of a civil penalty assessed in 31 subsection 7 and shall not reinstate the person’s driver’s 32 license until the full amount of the civil penalty has been 33 paid . For purposes of suspension and reinstatement of the 34 driver’s license of a person in default, the suspension and 35 -1- LSB 5066HH (3) 88 mo/ns 1/ 4
H.F. 2039 any subsequent reinstatement shall be considered a suspension 1 pursuant to section 321.210A . 2 Sec. 4. Section 321.210B, subsection 11, Code 2020, is 3 amended to read as follows: 4 11. If a new fine, penalty, surcharge, or court cost 5 is imposed on a person after the person has executed an 6 installment agreement with the county attorney, the county 7 attorney’s designee, or the private collection designee, and 8 the new fine, penalty, surcharge, or court cost is deemed 9 delinquent as provided in section 602.8107, subsection 10 2 , and the person’s driver’s license has been suspended 11 pursuant to section 321.210A , the person may enter into a 12 second installment agreement with the county attorney, county 13 attorney’s designee, or the private collection designee to pay 14 the delinquent amount and the civil penalty, if assessed, in 15 subsection 7 in installments. 16 Sec. 5. Section 321.212, subsection 1, paragraph a, 17 subparagraph (1), Code 2020, is amended to read as follows: 18 (1) Except as provided in section 321.210A or 321.513 , 19 the department shall not suspend a license for a period of 20 more than one year, except that a license suspended because of 21 incompetency to drive a motor vehicle shall be suspended until 22 the department receives satisfactory evidence that the former 23 holder is competent to operate a motor vehicle and a refusal 24 to reinstate constitutes a denial of license within section 25 321.215 ; upon . Upon revoking a license the department shall 26 not grant an application for a new license until the expiration 27 of one year after the revocation, unless another period is 28 specified by law. 29 Sec. 6. Section 321.215, subsection 2, Code 2020, is amended 30 to read as follows: 31 2. Upon conviction and the suspension or revocation of a 32 person’s noncommercial driver’s license under section 321.209, 33 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; or 34 upon the denial of issuance of a noncommercial driver’s license 35 -2- LSB 5066HH (3) 88 mo/ns 2/ 4
H.F. 2039 under section 321.560 , based solely on offenses enumerated 1 in section 321.555, subsection 1 , paragraph “c” , or section 2 321.555, subsection 2 ; or upon suspension or revocation of 3 a juvenile’s driver’s license pursuant to a dispositional 4 order under section 232.52, subsection 2 , paragraph “a” , for 5 a violation of chapter 124 or 453B , or section 126.3 ; or upon 6 suspension of a driver’s license pursuant to a court order 7 under section 714.7D , the person may apply to the department 8 for a temporary restricted license to operate a motor vehicle 9 for the limited purpose or purposes specified in subsection 1 . 10 The application may be granted only if all of the following 11 criteria are satisfied: 12 a. The temporary restricted license is requested only for a 13 case of hardship or circumstances where alternative means of 14 transportation do not exist. 15 b. The temporary restricted license is restricted to the 16 limited purpose or purposes specified in subsection 1 at times 17 specified in the license. 18 c. Proof of financial responsibility is established as 19 defined in chapter 321A . However, such proof is not required 20 if the driver’s license was suspended under section 321.210A 21 or 321.513 . 22 Sec. 7. Section 321.218, subsection 3, paragraph a, Code 23 2020, is amended to read as follows: 24 a. The department, upon receiving the record of the 25 conviction of a person under this section upon a charge of 26 operating a motor vehicle while the license of the person is 27 suspended or revoked, shall, except for licenses suspended 28 under section 252J.8 , section 321.210, subsection 1 , paragraph 29 “a” , subparagraph (3), or section 321.210A or 321.513 , extend 30 the period of suspension or revocation for an additional like 31 period or for one year, whichever period is shorter, and the 32 department shall not issue a new driver’s license to the person 33 during the extended period. 34 Sec. 8. Section 321A.17, subsection 4, Code 2020, is amended 35 -3- LSB 5066HH (3) 88 mo/ns 3/ 4
H.F. 2039 to read as follows: 1 4. An individual applying for a driver’s license following a 2 period of suspension or revocation pursuant to a dispositional 3 order issued under section 232.52, subsection 2 , paragraph 4 “a” , or under section 321.180B , section 321.210, subsection 5 1 , paragraph “a” , subparagraph (4), or section 321.210A, 6 321.213A , 321.213B , 321.216B , or 321.513 , following a period 7 of suspension or revocation under section 321.178 or 321.194 , 8 or following a period of revocation pursuant to a court order 9 issued under section 321J.2A , is not required to maintain proof 10 of financial responsibility under this section . 11 Sec. 9. Section 602.8102, subsection 50A, Code 2020, is 12 amended by striking the subsection. 13 Sec. 10. REPEAL. Section 321.210A, Code 2020, is repealed. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, Code section 321.210A requires the 18 department of transportation to suspend the driver’s license 19 of a person who, after being convicted of violating a law 20 regulating the operation of a motor vehicle, has failed to 21 pay the criminal fine, penalty, surcharge, or court costs 22 associated with the violation. 23 This bill repeals Code section 321.210A and makes conforming 24 changes to Code sections 321.12, 321.210B, 321.212, 321.215, 25 321.218, 321A.17, and 602.8102. The bill does not amend Code 26 section 321.191, which requires the payment of a $20 fee for 27 license reinstatement, or Code sections 321.218A, 321A.32A, or 28 321J.17, which require the payment of a $200 civil penalty (or 29 a $50 civil penalty under Code sections 321.218A and 321A.32A 30 for persons age 19 or under) for license reinstatement or the 31 issuance of a temporary restricted license. 32 -4- LSB 5066HH (3) 88 mo/ns 4/ 4