House File 666 - Introduced HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing a motorcycle safety helmet surcharge for 2 issuance of a driver's license valid for operation of a 3 motorcycle, providing for distribution of the surcharge, and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2614HH 82 7 dea/je/5 PAG LIN 1 1 Section 1. Section 321.191, subsection 5, Code 2007, is 1 2 amended to read as follows: 1 3 5. LICENSES VALID FOR MOTORCYCLES. An additional fee of 1 4 one dollar per year of license validityisand a motorcycle 1 5 safety helmet surcharge pursuant to section 321.191A are 1 6 required to issue a license valid to operate a motorcycle. 1 7 Sec. 2. NEW SECTION. 321.191A MOTORCYCLE SAFETY HELMET 1 8 SURCHARGE == DRIVER'S LICENSE RESTRICTIONS == ENFORCEMENT == 1 9 PENALTY. 1 10 1. A person applying for a new driver's license or renewal 1 11 of a driver's license valid for the operation of a motorcycle 1 12 shall be charged a motorcycle safety helmet surcharge, in 1 13 addition to the fees required under section 321.191, as 1 14 follows: 1 15 a. (1) For a licensee who certifies that the licensee and 1 16 the licensee's passengers will properly use safety helmets 1 17 approved by the department when the licensee is operating a 1 18 motorcycle, the surcharge is five dollars for each year of 1 19 license validity. The driver's license shall indicate that 1 20 the license is valid for the operation of a motorcycle only 1 21 when the licensee and any passenger on the motorcycle are 1 22 wearing safety helmets. 1 23 (2) A violation of the license restriction under this 1 24 paragraph "a" shall only be enforced in connection with a 1 25 traffic stop for another motor vehicle violation. A violation 1 26 of the license restriction under this paragraph "a", and a 1 27 moving traffic violation committed while the licensee was 1 28 operating a motorcycle in violation of the license 1 29 restriction, is a simple misdemeanor punishable as provided in 1 30 section 805.8A, subsection 14, paragraph "j". 1 31 b. For a licensee who does not certify that the licensee 1 32 and the licensee's passengers will use safety helmets when the 1 33 licensee is operating a motorcycle, the surcharge is ten 1 34 dollars for each year of license validity. The driver's 1 35 license shall indicate that use of a safety helmet for the 2 1 licensee and any passenger is optional when the licensee is 2 2 operating a motorcycle. 2 3 2. The amounts collected from the surcharge by the 2 4 department under this subsection shall be paid monthly to the 2 5 treasurer of state and credited to the road use tax fund. 2 6 Notwithstanding section 423.43, and prior to the crediting of 2 7 revenues to the road use tax fund under section 423.43, 2 8 subsection 1, paragraph "b", the treasurer of state shall 2 9 credit monthly from those revenues to the department the 2 10 amount collected from the surcharge under subsection 1, 2 11 paragraphs "a" and "b", in the previous month. The funds 2 12 shall be used by the department for the following purposes and 2 13 according to rules adopted by the department: 2 14 a. To help pay expenses incurred by the state for 2 15 survivors of motorcycle crashes who are deemed unable to pay 2 16 such expenses incurred as a result of a motorcycle crash. 2 17 b. To provide a resource for grants to be used for 2 18 research involving head injuries or fatalities related to the 2 19 use or nonuse of safety helmets by motorcycle riders. 2 20 c. To supplement funding for motorcycle and motorized 2 21 bicycle safety and education programs provided by the state. 2 22 d. To provide a resource for grants to be used by approved 2 23 applicants of public and private motorcycle and motorized 2 24 bicycle safety education and training schools certified by the 2 25 state. 2 26 e. To pay the costs associated with administration of this 2 27 section. 2 28 3. For purposes of this section, "safety helmet" means a 2 29 helmet that complies with the standards and specifications 2 30 established under 49 C.F.R. } 571.218. 2 31 Sec. 3. Section 321.210, subsection 2, Code 2007, is 2 32 amended by adding the following new paragraph: 2 33 NEW PARAGRAPH. e. Violations of driver's license 2 34 restrictions under section 321.191A, subsection 1, paragraph 2 35 "a". 3 1 Sec. 4. Section 321.555, subsection 2, Code 2007, is 3 2 amended to read as follows: 3 3 2. Six or more of any separate and distinct offenses 3 4 within a two=year period in the operation of a motor vehicle, 3 5 which are required to be reported to the department by section 3 6 321.491 or chapter 321C, except equipment violations, parking 3 7 violations as defined in section 321.210, violations of 3 8 registration laws, violations of sections 321.445 and 321.446, 3 9 operating a vehicle with an expired license or permit, failure 3 10 to appear, weights and measures violations,andspeeding 3 11 violations of less than fifteen miles per hour over the legal 3 12 speed limit, and violations of driver's license restrictions 3 13 under section 321.191A, subsection 1, paragraph "a". 3 14 Sec. 5. Section 805.8A, subsection 14, is amended by 3 15 adding the following new paragraph: 3 16 NEW PARAGRAPH. j. MOTORCYCLE SAFETY HELMETS == LICENSE 3 17 RESTRICTION VIOLATIONS. For violations under section 3 18 321.191A, subsection 1, paragraph "a", the scheduled fine is 3 19 twenty=five dollars. The scheduled fine for any moving 3 20 traffic violation under chapter 321, as provided in this 3 21 section, shall be doubled if the violation occurs in 3 22 conjunction with a violation under section 321.191A, 3 23 subsection 1, paragraph "a". 3 24 EXPLANATION 3 25 This bill imposes a motorcycle safety helmet surcharge for 3 26 applicants for a driver's license valid for the operation of a 3 27 motorcycle. The amount of the surcharge is subject to the 3 28 applicant's choice between two options. 3 29 The first option requires the licensee to pay a surcharge 3 30 of $5 per year of license validity. The licensee shall 3 31 certify that the licensee will wear an approved safety helmet 3 32 while operating a motorcycle and that any passenger on the 3 33 motorcycle will wear a safety helmet. The licensee is 3 34 restricted to operating a motorcycle only under such 3 35 conditions. The driver's license shall indicate the 4 1 restriction agreed to for operation of a motorcycle. The bill 4 2 allows enforcement of the license restriction only in 4 3 conjunction with a traffic stop for another motor vehicle 4 4 violation. A violation is punishable by a scheduled fine of 4 5 $25. Violations of the license restriction may not be taken 4 6 into account for purposes of determining a person to be a 4 7 habitual violator of traffic laws subject to suspension of a 4 8 driver's license. However, the scheduled fine for any moving 4 9 traffic violation committed while violating the license 4 10 restriction is doubled. 4 11 The second option for the licensee is to pay a surcharge of 4 12 $10 per year of license validity. The applicant's driver's 4 13 license shall indicate that helmet use is optional when the 4 14 licensee is operating a motorcycle. 4 15 The bill specifies that moneys collected from the 4 16 motorcycle safety helmet surcharge under both options are to 4 17 be used by the department of transportation to help pay 4 18 expenses incurred by the state for survivors of motorcycle 4 19 crashes who are deemed unable to pay such expenses incurred as 4 20 a result of a motorcycle crash; to provide a resource for 4 21 grants to be used for research involving head injuries or 4 22 fatalities related to the use or nonuse of safety helmets by 4 23 motorcycle riders; to supplement funding for motorcycle and 4 24 motorized bicycle safety and education programs provided by 4 25 the state; to provide a resource for grants to be used by 4 26 approved applicants of public and private motorcycle and 4 27 motorized bicycle safety education and training schools 4 28 certified by the state; and to pay the costs associated with 4 29 administration of the bill's provisions. 4 30 LSB 2614HH 82 4 31 dea:nh/je/5