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:
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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 validity is and 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, and speeding
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
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