House Study Bill 114 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            TRANSPORTATION BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the civil penalty imposed when the department
  2    of transportation suspends or revokes a person's driver's
  3    license or nonresident operating privilege for failure to
  4    maintain proof of financial responsibility.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1314DP 83
  7 dea/nh/5

PAG LIN



  1  1    Section 1.  Section 321A.32A, Code 2009, is amended to read
  1  2 as follows:
  1  3    321A.32A  CIVIL PENALTY == DISPOSITION == REINSTATEMENT.
  1  4    1.  When Except as provided in subsection 2, when the
  1  5 department suspends, revokes, or bars a person's driver's
  1  6 license or nonresident operating privilege under this chapter,
  1  7 the department shall assess the person a civil penalty of two
  1  8 hundred dollars.  However, for persons age nineteen or under,
  1  9 the civil penalty assessed shall be fifty dollars.  The money
  1 10 collected by the department under this section shall be
  1 11 transmitted to the treasurer of state who shall deposit the
  1 12 money in the juvenile detention home fund created in section
  1 13 232.142.  Except as provided in section 321.210B, a temporary
  1 14 restricted license shall not be issued or a driver's license
  1 15 or nonresident operating privilege reinstated until the civil
  1 16 penalty has been paid.  A person assessed a penalty under this
  1 17 section may remit the civil penalty along with a processing
  1 18 fee of five dollars to a county treasurer authorized to issue
  1 19 driver's licenses under chapter 321M, or the civil penalty may
  1 20 be paid directly to the department.
  1 21    2.  The department shall not assess a civil penalty under
  1 22 subsection 1 when the department suspends or revokes a
  1 23 person's driver's license or nonresident operating privilege
  1 24 for failure to continuously maintain proof of financial
  1 25 responsibility under section 321A.17 if the person had
  1 26 previously given proof of financial responsibility.
  1 27                           EXPLANATION
  1 28    Under current law, when a person's driver's license or
  1 29 nonresident operating privilege is suspended or revoked by the
  1 30 department of transportation, the person is assessed a civil
  1 31 penalty of $200 or, if the person is 19 years of age or under,
  1 32 a civil penalty of $50.  Payment of the penalty is required
  1 33 for reinstatement of the person's driving privileges, unless
  1 34 it is added to the amount owing under an installment
  1 35 agreement.  This bill creates an exception to the civil
  2  1 penalty requirement if the suspension or revocation is imposed
  2  2 for failure to continuously maintain proof of financial
  2  3 responsibility as required following a sanction for a
  2  4 conviction for certain offenses, including operating while
  2  5 intoxicated.
  2  6 LSB 1314DP 83
  2  7 dea/nh/5.2