S.F. 2053 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 321.210A, Code 2020, is amended by striking 8 the section and inserting in lieu thereof the following: 9 321.210A Civil penalty —— failure to pay fine, penalty, 10 surcharge, or court cost. 11 1. The department shall assess a person who has been 12 convicted of violating a law regulating the operation of a 13 motor vehicle a civil penalty if the person owes an unpaid 14 fine, penalty, surcharge, or court cost associated with the 15 conviction that is delinquent as provided in section 602.8107, 16 subsection 2, and has remained delinquent for six months. The 17 department shall also assess the person the civil penalty 18 again every six months thereafter until the person makes final 19 payment on the delinquent fine, penalty, surcharge, or court 20 cost. A civil penalty assessed pursuant to this section shall 21 be equal to four percent of the total amount of delinquent 22 fines, penalties, surcharges, and court costs associated with 23 the conviction that the person owes at the time the civil 24 penalty is assessed. 25 2. Subsection 1 does not apply to a person who has entered 26 into an installment agreement with the county attorney, 27 the county attorney’s designee, or the private collection 28 designee in accordance with section 321.210B to pay the fine, 29 penalty, surcharge, or court cost. However, if there has 30 been a determination that the person is in default of the 31 installment agreement pursuant to section 321.210B, subsection 32 8, the department shall assess the person the civil penalty 33 if the amount remains delinquent six months after the date of 34 default and the person has not entered into a new installment 35 -1- LSB 5412XS (4) 88 mo/ns 1/ 8

S.F. 2053 agreement. The department shall assess the person the civil 1 penalty again every six months thereafter until the person 2 makes final payment or until the person enters into a new 3 installment agreement. 4 3. The clerk of the district court shall notify the 5 department of fines, penalties, surcharges, and court costs 6 described in subsection 1 that have been delinquent for six 7 months, and shall also notify the department when a person 8 makes final payment of an applicable fine, penalty, surcharge, 9 or court cost. 10 4. Moneys collected by the department pursuant to this 11 section shall be remitted to the treasurer of state for deposit 12 in the road use tax fund created in section 312.1. 13 Sec. 3. Section 321.210B, subsection 1, paragraph a, Code 14 2020, is amended to read as follows: 15 a. If a person’s fine, penalty, surcharge, or court 16 cost is deemed delinquent as provided in section 602.8107, 17 subsection 2 , and the person’s driver’s license has been 18 suspended pursuant to section 321.210A , or the clerk of the 19 district court has reported the delinquency to the department 20 as required by section 321.210A , the person may execute an 21 installment agreement as defined in section 602.8107 with 22 the county attorney, the county attorney’s designee, or the 23 private collection designee under contract with the judicial 24 branch pursuant to section 602.8107, subsection 5 , to pay the 25 delinquent amount and the civil penalty penalties assessed 26 in subsection 7 in installments. Prior to execution of the 27 installment agreement, the person shall provide the county 28 attorney, the county attorney’s designee, or the private 29 collection designee with a financial statement in order for 30 the parties to the agreement to determine the amount of the 31 installment payments. 32 Sec. 4. Section 321.210B, subsection 7, paragraph a, Code 33 2020, is amended to read as follows: 34 a. A civil penalty assessed pursuant to section 321.210A, 35 -2- LSB 5412XS (4) 88 mo/ns 2/ 8

S.F. 2053 321.218A, 321A.32A , or 321J.17 shall be added to the amount 1 owing under the installment agreement. 2 Sec. 5. Section 321.210B, subsection 7, Code 2020, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . d. The clerk of the district court shall 5 transmit to the department, from the first moneys collected, 6 an amount equal to the amount of any civil penalty assessed 7 pursuant to section 321.210A and added to the installment 8 agreement. The department shall transmit the moneys received 9 from the clerk of the district court pursuant to this paragraph 10 to the treasurer of state for deposit in the road use tax fund 11 created in section 312.1. 12 Sec. 6. Section 321.210B, subsection 10, Code 2020, is 13 amended to read as follows: 14 10. Upon receipt of a report of a default from the clerk of 15 the district court, the department shall suspend the driver’s 16 license of a person as provided in section 321.210A who has 17 failed to pay the full amount of a civil penalty assessed 18 pursuant to section 321.218A, 321A.32A, or 321J.17, and shall 19 not reinstate the person’s driver’s license until the full 20 amount of the civil penalty has been paid . For purposes 21 of suspension and reinstatement of the driver’s license 22 of a person in default, the suspension and any subsequent 23 reinstatement shall be considered a suspension pursuant to 24 section 321.210A . 25 Sec. 7. Section 321.210B, subsection 11, Code 2020, is 26 amended to read as follows: 27 11. If a new fine, penalty, surcharge, or court cost 28 is imposed on a person after the person has executed an 29 installment agreement with the county attorney, the county 30 attorney’s designee, or the private collection designee, and 31 the new fine, penalty, surcharge, or court cost is deemed 32 delinquent as provided in section 602.8107, subsection 33 2 , and the person’s driver’s license has been suspended 34 pursuant to section 321.210A , the person may enter into a 35 -3- LSB 5412XS (4) 88 mo/ns 3/ 8

S.F. 2053 second installment agreement with the county attorney, county 1 attorney’s designee, or the private collection designee to 2 pay the delinquent amount and the civil penalty penalties , if 3 assessed, in subsection 7 in installments. 4 Sec. 8. Section 321.212, subsection 1, paragraph a, 5 subparagraph (1), Code 2020, is amended to read as follows: 6 (1) Except as provided in section 321.210A or 321.513 , 7 the department shall not suspend a license for a period of 8 more than one year, except that a license suspended because of 9 incompetency to drive a motor vehicle shall be suspended until 10 the department receives satisfactory evidence that the former 11 holder is competent to operate a motor vehicle and a refusal 12 to reinstate constitutes a denial of license within section 13 321.215 ; upon . Upon revoking a license the department shall 14 not grant an application for a new license until the expiration 15 of one year after the revocation, unless another period is 16 specified by law. 17 Sec. 9. Section 321.215, subsection 2, Code 2020, is amended 18 to read as follows: 19 2. Upon conviction and the suspension or revocation of a 20 person’s noncommercial driver’s license under section 321.209, 21 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; or 22 upon the denial of issuance of a noncommercial driver’s license 23 under section 321.560 , based solely on offenses enumerated 24 in section 321.555, subsection 1 , paragraph “c” , or section 25 321.555, subsection 2 ; or upon suspension or revocation of 26 a juvenile’s driver’s license pursuant to a dispositional 27 order under section 232.52, subsection 2 , paragraph “a” , for 28 a violation of chapter 124 or 453B , or section 126.3 ; or upon 29 suspension of a driver’s license pursuant to a court order 30 under section 714.7D , the person may apply to the department 31 for a temporary restricted license to operate a motor vehicle 32 for the limited purpose or purposes specified in subsection 1 . 33 The application may be granted only if all of the following 34 criteria are satisfied: 35 -4- LSB 5412XS (4) 88 mo/ns 4/ 8

S.F. 2053 a. The temporary restricted license is requested only for a 1 case of hardship or circumstances where alternative means of 2 transportation do not exist. 3 b. The temporary restricted license is restricted to the 4 limited purpose or purposes specified in subsection 1 at times 5 specified in the license. 6 c. Proof of financial responsibility is established as 7 defined in chapter 321A . However, such proof is not required 8 if the driver’s license was suspended under section 321.210A 9 or 321.513 . 10 Sec. 10. Section 321.218, subsection 3, paragraph a, Code 11 2020, is amended to read as follows: 12 a. The department, upon receiving the record of the 13 conviction of a person under this section upon a charge of 14 operating a motor vehicle while the license of the person is 15 suspended or revoked, shall, except for licenses suspended 16 under section 252J.8 , section 321.210, subsection 1 , paragraph 17 “a” , subparagraph (3), or section 321.210A or 321.513 , extend 18 the period of suspension or revocation for an additional like 19 period or for one year, whichever period is shorter, and the 20 department shall not issue a new driver’s license to the person 21 during the extended period. 22 Sec. 11. Section 321A.17, subsection 4, Code 2020, is 23 amended to read as follows: 24 4. An individual applying for a driver’s license following a 25 period of suspension or revocation pursuant to a dispositional 26 order issued under section 232.52, subsection 2 , paragraph 27 “a” , or under section 321.180B , section 321.210, subsection 28 1 , paragraph “a” , subparagraph (4), or section 321.210A, 29 321.213A , 321.213B , 321.216B , or 321.513 , following a period 30 of suspension or revocation under section 321.178 or 321.194 , 31 or following a period of revocation pursuant to a court order 32 issued under section 321J.2A , is not required to maintain proof 33 of financial responsibility under this section . 34 Sec. 12. Section 602.8102, subsection 50A, Code 2020, is 35 -5- LSB 5412XS (4) 88 mo/ns 5/ 8

S.F. 2053 amended to read as follows: 1 50A. Assist Notify the state department of transportation 2 in suspending, pursuant to section 321.210A , the driver’s 3 licenses of persons who fail to timely pay criminal fines or 4 penalties, surcharges, or court costs related to the violation 5 of a law regulating the operation of a motor vehicle as 6 described in section 321.210A . 7 Sec. 13. REINSTATEMENT OF DRIVER’S LICENSES. Upon 8 application of a person whose driver’s license has been 9 suspended pursuant to section 321.210A, Code 2020, the 10 department of transportation shall reinstate the person’s 11 license if the person is otherwise eligible for issuance of 12 a driver’s license, and if all fees and penalties applicable 13 under sections 321.191, 321.218A, 321A.32A, and 321J.17 14 are paid in full or the person has executed an installment 15 agreement pursuant to section 321.210B and is not in default. 16 Sec. 14. APPLICABILITY. 17 1. This Act applies to fines, penalties, surcharges, and 18 court costs associated with a conviction for violating a law 19 regulating the operation of a motor vehicle that are delinquent 20 as provided in section 602.8107, subsection 2, on or after the 21 effective date of this Act. 22 2. If a fine, penalty, surcharge, or court cost associated 23 with a conviction for violating a law regulating the operation 24 of a motor vehicle has been deemed delinquent as provided in 25 section 602.8107, subsection 2, prior to the effective date 26 of this Act, the first day of delinquency for purposes of 27 determining whether to assess a civil penalty as provided 28 in section 321.210A, as amended in this Act, shall be the 29 effective date of this Act. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 Under current law, Code section 321.210A requires the 34 department of transportation (DOT) to suspend the driver’s 35 -6- LSB 5412XS (4) 88 mo/ns 6/ 8

S.F. 2053 license of a person who, after being convicted of violating a 1 law regulating the operation of a motor vehicle, has failed to 2 timely pay a criminal fine, penalty, surcharge, or court cost. 3 This bill strikes Code section 321.210A and replaces it with 4 a provision that requires the DOT to assess a civil penalty to 5 a person who, upon conviction for violating a law regulating 6 the operation of a motor vehicle, has failed to timely pay a 7 fine, penalty, surcharge, or court cost associated with the 8 conviction. The person is assessed the civil penalty by the 9 DOT if the amount remains delinquent for six months. The 10 DOT is required to assess the civil penalty again every six 11 months thereafter until the person makes final payment on 12 the delinquent fine, penalty, surcharge, or court cost. The 13 civil penalty is equal to 4 percent of the total amount of the 14 person’s delinquent fines, penalties, surcharges, and court 15 costs associated with the conviction that the person owes at 16 the time the civil penalty is assessed. 17 The civil penalty is not assessed to a person who has entered 18 into an installment agreement with the county attorney, the 19 county attorney’s designee, or the private collection designee 20 in accordance with Code section 321.210B unless the person is 21 in default of the installment agreement, in which case the 22 DOT is required to assess the person the civil penalty if the 23 amount remains delinquent six months after the date of default, 24 and every six months thereafter until the person makes final 25 payment or until the person enters into a new installment 26 agreement. 27 The clerk of the district court is required to notify the DOT 28 of six-month delinquencies and if final payment of a person’s 29 delinquent fine, penalty, surcharge, or court cost is received. 30 Under current law, the clerk of the district court is also 31 required to report the receipt of an executed installment 32 agreement entered into pursuant to Code section 321.210B and 33 any default on such agreement to the DOT. 34 Moneys collected by the DOT pursuant to the bill are required 35 -7- LSB 5412XS (4) 88 mo/ns 7/ 8

S.F. 2053 to be remitted to the treasurer of state for deposit in the 1 road use tax fund. 2 The bill makes conforming changes to Code sections 321.12, 3 321.210B, 321.212, 321.215, 321.218, 321A.17, and 602.8102. 4 The bill does not amend Code section 321.191, which requires 5 the payment of a $20 fee for license reinstatement, or Code 6 sections 321.218A, 321A.32A, or 321J.17, which require the 7 payment of a $200 civil penalty (or a $50 civil penalty under 8 Code sections 321.218A and 321A.32A for persons age 19 or 9 under) for license reinstatement or the issuance of a temporary 10 restricted license. 11 Upon application, the bill requires the DOT to reinstate a 12 person’s driver’s license that has been suspended pursuant to 13 Code section 321.210A, Code 2020, if the person is otherwise 14 eligible for the issuance of a driver’s license, and if all 15 fees and penalties applicable under Code sections 321.191, 16 321.218A, 321A.32A, and 321J.17 are paid in full or the person 17 has executed an installment agreement and is not is default. 18 The bill applies to fines, penalties, surcharges, and 19 court costs associated with a conviction for violating a law 20 regulating the operation of a motor vehicle that are delinquent 21 on or after the bill’s effective date. If a fine, penalty, 22 surcharge, or court cost has been deemed delinquent prior to 23 the bill’s effective date, the first day of delinquency for 24 purposes of determining whether to assess the civil penalty is 25 the bill’s effective date. 26 -8- LSB 5412XS (4) 88 mo/ns 8/ 8