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 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
  4 31 dea:nh/je/5