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
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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
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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
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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
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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.
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