House Study Bill 615 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to matters under the purview of, and the 1 collection of certain court debt by, the department of 2 transportation, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5263DP (3) 86 ns/nh

S.F. _____ H.F. _____ DIVISION I 1 RECURRING PAYMENT PLANS 2 Section 1. Section 232.142, subsection 6, Code 2016, is 3 amended to read as follows: 4 6. A juvenile detention home fund is created in the state 5 treasury under the authority of the department. The fund shall 6 consist of moneys deposited in the fund pursuant to sections 7 321.210B, 321.218A , and 321A.32A . The moneys in the fund 8 shall be used for the costs of the establishment, improvement, 9 operation, and maintenance of county or multicounty juvenile 10 detention homes in accordance with annual appropriations made 11 by the general assembly from the fund for these purposes. 12 Sec. 2. Section 321.40, subsection 9, Code 2016, is amended 13 to read as follows: 14 9. a. The clerk of the district court shall notify the 15 county treasurer of any delinquent court debt, as defined in 16 section 602.8107 , which is being collected by the private 17 collection designee pursuant to section 602.8107, subsection 3 , 18 or the county attorney pursuant to section 602.8107, subsection 19 4 , or the department of transportation pursuant to section 20 602.8107, subsection 4A . The county treasurer shall refuse 21 to renew the vehicle registration of the applicant upon such 22 notification from the clerk of the district court in regard to 23 such applicant. 24 b. If the applicant enters into or renews an installment 25 agreement as defined in section 602.8107 , that is satisfactory 26 to the private collection designee, the county attorney, 27 or the county attorney’s designee, or a recurring payment 28 plan as defined in section 321.210B, subsection 15, that is 29 satisfactory to the department of transportation, the private 30 collection designee, county attorney, or a county attorney’s 31 designee , or department of transportation shall provide the 32 county treasurer with written or electronic notice of the 33 installment agreement or recurring payment plan within five 34 days of entering into the installment agreement or recurring 35 -1- LSB 5263DP (3) 86 ns/nh 1/ 20

S.F. _____ H.F. _____ payment plan . The county treasurer shall temporarily lift 1 the registration hold on an applicant for a period of ten 2 days if the treasurer receives such notice in order to allow 3 the applicant to register a vehicle for the year. If the 4 applicant remains in compliance with the installment agreement 5 entered into with the private collection designee or the 6 county attorney or the county attorney’s designee, or with the 7 recurring payment plan entered into with the department of 8 transportation, subsequent lifts of registration holds shall be 9 granted without additional restrictions. 10 Sec. 3. Section 321.210A, subsection 1, paragraph b, Code 11 2016, is amended to read as follows: 12 b. Upon the failure of a person to pay the fine, penalty, 13 surcharge, or court costs within sixty days’ notice by the 14 clerk of the district court as provided in paragraph “b” “a” , 15 the clerk shall report the failure to the department. 16 Sec. 4. Section 321.210A, subsection 2, Code 2016, is 17 amended to read as follows: 18 2. If after suspension , the person enters into an 19 installment agreement with the county attorney, the county 20 attorney’s designee, or the private collection designee , or 21 enters into a recurring payment plan with the department, in 22 accordance with section 321.210B to pay the fine, penalty, 23 court cost, or surcharge, the person’s license shall be 24 reinstated by the department upon receipt of a report of an 25 executed installment agreement according to the provisions of 26 section 321.210B . 27 Sec. 5. Section 321.210B, Code 2016, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 15. a. (1) In lieu of executing an 30 installment agreement pursuant to subsection 1, a person 31 whose driver’s license has been suspended pursuant to section 32 321.210A, or who has unpaid civil penalties imposed under 33 section 321.218A, 321A.32A, or 321J.17, may execute a recurring 34 payment plan with the department for the payment of the 35 -2- LSB 5263DP (3) 86 ns/nh 2/ 20

S.F. _____ H.F. _____ person’s delinquent fines, penalties, court costs, surcharges, 1 or civil penalties, as provided under section 602.8107, 2 subsection 4A, that are not otherwise subject to an active 3 installment agreement executed pursuant to subsection 1 that is 4 not in default. A person who has only unpaid civil penalties 5 may execute a recurring payment plan with the department for 6 payment of the unpaid civil penalties. 7 (2) For purposes of this subsection, “recurring payment 8 plan” means a payment plan in which the person electronically 9 authorizes automatic monthly payments to the department, 10 in an amount not less than a minimum amount determined by 11 the department, that are made by credit card, debit card, 12 or any other form of payment authorized by the department. 13 The department shall assess to the person, and include in 14 the automatic monthly payment, a fee to cover the cost of 15 collection. 16 b. (1) Upon execution of a recurring payment plan and 17 receipt of the first monthly payment from a person, which 18 shall be made at the time the person executes the recurring 19 payment plan, the department shall terminate all suspensions 20 imposed under section 321.210A and show as satisfied all civil 21 penalties within the scope of the recurring payment plan and 22 shall, upon payment of the reinstatement fee as provided in 23 section 321.191, immediately reinstate the driver’s license 24 of the person unless the driver’s license of the person is 25 otherwise suspended, revoked, denied, or barred under another 26 provision of law. 27 (2) If a driver’s license is reinstated upon an executed 28 recurring payment plan, the driver shall provide proof of 29 financial responsibility pursuant to section 321A.17, if 30 otherwise required by law. 31 c. (1) If the person fails to make two or more consecutive 32 monthly payments, the department shall terminate the recurring 33 payment plan, reinstate all suspensions imposed under section 34 321.210A the basis of which remain unsatisfied under the 35 -3- LSB 5263DP (3) 86 ns/nh 3/ 20

S.F. _____ H.F. _____ recurring payment plan, and show as unsatisfied all civil 1 penalties within the scope of the recurring payment plan 2 that remain unsatisfied. A person who executes a recurring 3 payment plan waives the right to appeal or otherwise contest 4 a suspension reinstated under this paragraph “c” , but shall 5 have the right to an accounting of the department’s application 6 of the funds received to the amount due, and to contest 7 the accounting. A person whose recurring payment plan has 8 been terminated may reactivate the recurring payment plan 9 by electronically affirming the payment plan and resuming 10 payments under the plan. Upon reactivation of the recurring 11 payment plan and receipt of all past-due monthly payments under 12 the recurring payment plan, the department shall terminate 13 all suspensions imposed under section 321.210A and show as 14 satisfied all civil penalties within the scope of the recurring 15 payment plan and shall, upon payment of the reinstatement fee 16 as provided in section 321.191, immediately reinstate the 17 driver’s license of the person unless the driver’s license of 18 the person is otherwise suspended, revoked, denied, or barred 19 under another provision of law. 20 (2) Notwithstanding section 321.212, a person whose 21 driver’s license suspension is reinstated under this paragraph 22 “c” for the sole reason that the person failed to make the 23 required monthly payments shall not be required to surrender 24 the person’s driver’s license to the department, and may retain 25 the license for identification purposes and, if otherwise 26 valid, use the license for driving purposes upon reactivation 27 of the recurring payment plan and reinstatement of the person’s 28 driver’s license under this paragraph “c” . 29 d. Notwithstanding section 321.16, a person who executed a 30 recurring payment plan with the department shall receive all 31 correspondence related to the recurring payment plan, including 32 any notice of a reinstated suspension of the person’s driver’s 33 license under paragraph “c” , by electronic mail at an address 34 provided by the person. The person shall notify the department 35 -4- LSB 5263DP (3) 86 ns/nh 4/ 20

S.F. _____ H.F. _____ of any change in the person’s electronic mail address. 1 e. (1) If a new fine, penalty, surcharge, or court cost is 2 imposed on a person after the person has executed a recurring 3 payment plan, and the new fine, penalty, surcharge, or court 4 cost is deemed delinquent as provided in section 602.8107, 5 subsection 2, and the person’s driver’s license has been 6 suspended pursuant to section 321.210A, the person may add the 7 fines, penalties, court costs, or surcharges not otherwise 8 subject to an active installment agreement executed pursuant to 9 subsection 1 that is not in default to the recurring payment 10 plan. 11 (2) If a new civil penalty is imposed on a person under 12 section 321.218A, 321A.32A, or 321J.17 after the person has 13 executed a recurring payment plan, the person may add the civil 14 penalty to the recurring payment plan, provided the civil 15 penalty is not otherwise subject to an active installment 16 agreement executed under subsection 1 that is not in default. 17 (3) If new fines, penalties, surcharges, court costs, or 18 civil penalties are added to a recurring payment plan under 19 this paragraph “e” , the department may recalculate the minimum 20 monthly payment under the recurring payment plan. 21 f. (1) The department shall retain, from the first moneys 22 collected, an amount equal to the amount of any civil penalty 23 assessed pursuant to section 321.218A or 321A.32A included in 24 the recurring payment plan. The department shall transmit 25 the money retained pursuant to this subparagraph (1) to the 26 treasurer of state for deposit in the juvenile detention home 27 fund created in section 232.142. 28 (2) The department shall retain, from the first moneys 29 collected, an amount equal to the amount of any civil penalty 30 assessed pursuant to section 321J.17 included in the recurring 31 payment plan. The department shall transmit the money retained 32 pursuant to this subparagraph (2) to the treasurer of state 33 who shall deposit one-half of the money in the separate fund 34 established in section 915.94 and one-half of the money in the 35 -5- LSB 5263DP (3) 86 ns/nh 5/ 20

S.F. _____ H.F. _____ general fund of the state. 1 (3) The department shall transmit any other moneys 2 collected to the state court administrator for distribution 3 under section 602.8108. 4 g. The department may adopt rules pursuant to chapter 17A to 5 implement the provisions of this subsection. 6 Sec. 6. Section 602.8107, subsection 1, Code 2016, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. “Recurring payment plan” means as defined 9 in section 321.210B, subsection 15. 10 Sec. 7. Section 602.8107, subsection 3, paragraph b, Code 11 2016, is amended to read as follows: 12 b. In addition, court debt which is being collected under an 13 installment agreement or a recurring payment plan pursuant to 14 section 321.210B which is in default that remains delinquent 15 shall remain assigned to the private collection designee if the 16 installment agreement was executed with the private collection 17 designee ; , or to the county attorney or county attorney’s 18 designee if the installment agreement was executed with the 19 county attorney or county attorney’s designee , or to the 20 department of transportation if the recurring payment plan was 21 executed with the department . 22 Sec. 8. Section 602.8107, subsection 3, Code 2016, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . d. If the court debt in a case is not 25 part of an installment agreement with the private collection 26 designee under contract with the judicial branch pursuant to 27 subsection 5, or the county attorney pursuant to subsection 28 4, the court debt shall be assigned to the department of 29 transportation as provided in subsection 4A sixty days after 30 the court debt has been deemed delinquent if failure to pay 31 the court debt has resulted in the suspension of the person’s 32 driver’s license pursuant to section 321.210A. 33 Sec. 9. Section 602.8107, Code 2016, is amended by adding 34 the following new subsection: 35 -6- LSB 5263DP (3) 86 ns/nh 6/ 20

S.F. _____ H.F. _____ NEW SUBSECTION . 4A. Collection by department of 1 transportation. The state department of transportation may 2 collect court debt pursuant to a recurring payment plan 3 in accordance with section 321.210B, subsection 15, sixty 4 days after the court debt is deemed delinquent pursuant to 5 subsection 2. 6 a. This subsection does not apply to amounts collected for 7 victim restitution, the victim compensation fund, the criminal 8 penalty surcharge, sex offender civil penalty, drug abuse 9 resistance education surcharge, the law enforcement initiative 10 surcharge, county enforcement surcharge, amounts collected as 11 a result of procedures initiated under subsection 5 or under 12 section 8A.504, or fees charged pursuant to section 356.7. 13 b. Amounts collected by the department shall be distributed 14 in accordance with section 321.210B, subsection 15. 15 Sec. 10. Section 602.8107, subsection 5, paragraph a, Code 16 2016, is amended to read as follows: 17 a. The judicial branch shall contract with a private 18 collection designee for the collection of court debt after 19 the court debt in a case is deemed delinquent pursuant to 20 subsection 2 if the county attorney is not collecting the court 21 debt in a case pursuant to subsection 4 and the department 22 of transportation is not collecting the court debt in a case 23 pursuant to subsection 4A . The judicial branch shall solicit 24 requests for proposals prior to entering into any contract 25 pursuant to this subsection . 26 DIVISION II 27 AUTOCYCLES 28 Sec. 11. Section 321.1, subsection 40, Code 2016, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . d. “Autocycle” means a motorcycle with two 31 front wheels and one rear wheel, a steering wheel, one or more 32 permanent seats that do not require the operator or a passenger 33 to straddle or sit astride a seat, and foot pedals that control 34 the brakes, acceleration, and clutch, where applicable. 35 -7- LSB 5263DP (3) 86 ns/nh 7/ 20

S.F. _____ H.F. _____ Sec. 12. Section 321.180, subsection 1, paragraph b, 1 subparagraph (2), Code 2016, is amended to read as follows: 2 (2) However, if the permittee is operating a motorcycle 3 that is not an autocycle with two or more seats in accordance 4 with this section or section 321.180B , the accompanying person 5 must be within audible and visual communications distance from 6 the permittee and be accompanying the permittee on or in a 7 different motor vehicle. Only one permittee shall be under the 8 immediate supervision of an accompanying qualified person. 9 Sec. 13. Section 321.180B, subsection 1, paragraph c, 10 subparagraph (2), Code 2016, is amended to read as follows: 11 (2) If the permittee is operating a motorcycle that is 12 not an autocycle with two or more seats in accordance with 13 this section , the accompanying person must be within audible 14 and visual communications distance from the permittee and be 15 accompanying the permittee on or in a different motor vehicle. 16 Only one permittee shall be under the immediate supervision of 17 an accompanying qualified person. 18 Sec. 14. Section 321.189, subsection 1, paragraph a, 19 subparagraphs (3) and (5), Code 2016, are amended to read as 20 follows: 21 (3) Class C —— Valid for the operation of a vehicle, other 22 than a motorcycle that is not an autocycle , or a combination of 23 vehicles with a gross combination weight rating of twenty-six 24 thousand one or more pounds provided the towing vehicle has a 25 gross vehicle weight rating of less than twenty-six thousand 26 one pounds and each towed vehicle has a gross vehicle weight 27 rating of less than ten thousand one pounds, or a combination 28 of vehicles with a gross vehicle weight rating or gross 29 combination weight rating of less than twenty-six thousand 30 one pounds , and also valid for the operation of any vehicle, 31 other than a motorcycle that is not an autocycle , for which 32 the operator is exempt from commercial driver’s license 33 requirements under section 321.176A , and also valid for the 34 operation of an autocycle . 35 -8- LSB 5263DP (3) 86 ns/nh 8/ 20

S.F. _____ H.F. _____ (5) Class M —— Valid for the operation of a motorcycle that 1 is not an autocycle . 2 Sec. 15. Section 321.191, subsection 5, Code 2016, is 3 amended to read as follows: 4 5. Licenses valid for motorcycles. An additional fee of two 5 dollars per year of license validity is required to issue a 6 license valid to operate a motorcycle that is not an autocycle . 7 Sec. 16. Section 321.275, subsection 2, paragraph b, Code 8 2016, is amended to read as follows: 9 b. Motorcycles. A person shall not operate or ride 10 a motorcycle on the highways with another person on the 11 motorcycle unless the motorcycle is designed to carry more than 12 one person. The If the motorcycle is not an autocycle, the 13 additional passenger may ride upon the motorcycle’s permanent 14 and regular seat if the seat is designed for two persons, or 15 upon another seat firmly attached to the motorcycle at the 16 rear of the operator. If the motorcycle is an autocycle, the 17 passenger may ride in a permanent and regular seat within 18 the autocycle designed for a passenger. The A motorcycle 19 that is not an autocycle shall be equipped with footrests for 20 the passenger unless the passenger is riding in a sidecar or 21 enclosed cab. The motorcycle operator shall not carry any 22 person nor shall any other person ride in a position that will 23 interfere with the operation or control of the motorcycle or 24 the view of the operator. 25 Sec. 17. Section 321.275, subsections 3, 5, and 6, Code 26 2016, are amended to read as follows: 27 3. Sitting position. A person operating a motorcycle or 28 motorized bicycle shall ride only upon the vehicle’s permanent 29 and regular attached seat. Every person riding upon the 30 vehicle a motorcycle that is not an autocycle shall be sitting 31 astride the seat, facing forward with one leg on either side 32 of the vehicle. 33 5. Headlights on. A person shall not operate a 1977 34 or later model year motorcycle that is not an autocycle or 35 -9- LSB 5263DP (3) 86 ns/nh 9/ 20

S.F. _____ H.F. _____ any model year motorized bicycle upon the highways without 1 displaying at least one lighted headlamp of the type described 2 in section 321.409 . A person shall not operate any model year 3 autocycle upon the highways without displaying at least two 4 lighted headlamps of the type described in section 321.409. 5 However, this subsection is subject to the exceptions with 6 respect to parked vehicles as provided in this chapter . 7 6. Packages. The operator of a motorcycle or motorized 8 bicycle or motorcycle that is not an autocycle shall not carry 9 any package, bundle, or other article which prevents the 10 operator from keeping both hands on the handlebars. 11 Sec. 18. Section 321.385, Code 2016, is amended to read as 12 follows: 13 321.385 Headlamps on motor vehicles. 14 Every motor vehicle other than a motorcycle or motorized 15 bicycle or motorcycle that is not an autocycle shall be 16 equipped with at least two headlamps with at least one on each 17 side of the front of the motor vehicle, which headlamps shall 18 comply with the requirements and limitations set forth in this 19 chapter . 20 Sec. 19. Section 321.386, Code 2016, is amended to read as 21 follows: 22 321.386 Headlamps on motorcycles and motorized bicycles. 23 Every motorcycle and motorized bicycle and motorcycle 24 that is not an autocycle shall be equipped with at least one 25 and not more than two headlamps which shall comply with the 26 requirements and limitations of this chapter . 27 Sec. 20. Section 321.409, subsection 1, unnumbered 28 paragraph 1, Code 2016, is amended to read as follows: 29 Except as hereinafter provided, the headlamps or the 30 auxiliary driving lamp or the auxiliary passing lamp or 31 combination thereof on motor vehicles other than motorcycles 32 or motorized bicycles or motorcycles that are not autocycles 33 shall be so arranged that the driver may select at will between 34 distributions of light projected to different elevations and 35 -10- LSB 5263DP (3) 86 ns/nh 10/ 20

S.F. _____ H.F. _____ the lamps may, in addition, be so arranged that selection can 1 be made automatically, subject to the following limitations: 2 Sec. 21. Section 321.409, subsection 2, Code 2016, is 3 amended to read as follows: 4 2. Every new motor vehicle, other than a motorcycle or 5 motorized bicycle or motorcycle that is not an autocycle, which 6 has multiple-beam road-lighting equipment shall be equipped 7 with a beam indicator, which shall be lighted whenever the 8 uppermost distribution of light from the headlamps is in use, 9 and shall not otherwise be lighted. The indicator shall be 10 so designed and located that when lighted it will be readily 11 visible without glare to the driver of the vehicle. 12 Sec. 22. Section 321.415, subsection 2, Code 2016, is 13 amended to read as follows: 14 2. The provisions of subsection 1 , paragraphs “a” and 15 “b” , do not apply to motorcycles or motorized bicycles or 16 motorcycles that are not autocycles being operated between 17 sunrise and sunset. 18 Sec. 23. Section 321.430, subsections 1 and 2, Code 2016, 19 are amended to read as follows: 20 1. Every motor vehicle, other than a motorcycle, or 21 motorized bicycle or motorcycle that is not an autocycle , when 22 operated upon a highway shall be equipped with brakes adequate 23 to control the movement of and to stop and hold such vehicle, 24 including two separate means of applying the brakes, each of 25 which means shall be effective to apply the brakes to at least 26 two wheels. If these two separate means of applying the brakes 27 are connected in any way, they shall be so constructed that 28 failure of any one part of the operating mechanism shall not 29 leave the motor vehicle without brakes on at least two wheels. 30 2. Every motorcycle and motorized bicycle and motorcycle 31 that is not an autocycle , when operated upon a highway, shall 32 be equipped with at least one brake, which may be operated by 33 hand or foot. 34 Sec. 24. Section 321.430, subsection 4, paragraph a, Code 35 -11- LSB 5263DP (3) 86 ns/nh 11/ 20

S.F. _____ H.F. _____ 2016, is amended to read as follows: 1 a. Any motorcycle or motorized bicycle or motorcycle that is 2 not an autocycle . 3 Sec. 25. Section 321.445, subsection 1, Code 2016, is 4 amended to read as follows: 5 1. Except for motorcycles or motorized bicycles or 6 motorcycles that are not autocycles , 1966 model year or 7 newer motor vehicles subject to registration in Iowa shall be 8 equipped with safety belts and safety harnesses which conform 9 with federal motor vehicle safety standard numbers 209 and 210 10 as published in 49 C.F.R. §571.209 – 571.210 and with prior 11 federal motor vehicle safety standards for seat belt assemblies 12 and seat belt assembly anchorages applicable for the motor 13 vehicle’s model year. 14 Sec. 26. Section 321.445, subsection 2, paragraph a, Code 15 2016, is amended to read as follows: 16 a. The driver and front seat occupants of a type of motor 17 vehicle that is subject to registration in Iowa, except a 18 motorcycle or a motorized bicycle or motorcycle that is not an 19 autocycle , shall each wear a properly adjusted and fastened 20 safety belt or safety harness any time the vehicle is in 21 forward motion on a street or highway in this state except 22 that a child under eighteen years of age shall be secured as 23 required under section 321.446 . 24 Sec. 27. Section 321.446, subsections 1 and 2, Code 2016, 25 are amended to read as follows: 26 1. a. A child under one year of age and weighing less 27 than twenty pounds who is being transported in a motor vehicle 28 subject to registration, except a school bus or motorcycle 29 that is not an autocycle , shall be secured during transit in a 30 rear-facing child restraint system that is used in accordance 31 with the manufacturer’s instructions. 32 b. A child under six years of age who does not meet the 33 description in paragraph “a” and who is being transported in a 34 motor vehicle subject to registration, except a school bus or a 35 -12- LSB 5263DP (3) 86 ns/nh 12/ 20

S.F. _____ H.F. _____ motorcycle that is not an autocycle , shall be secured during 1 transit by a child restraint system that is used in accordance 2 with the manufacturer’s instructions. 3 2. A child at least six years of age but under eighteen 4 years of age who is being transported in a motor vehicle 5 subject to registration, except a school bus or a motorcycle 6 that is not an autocycle , shall be secured during transit by 7 a child restraint system that is used in accordance with the 8 manufacturer’s instructions or by a safety belt or safety 9 harness of a type approved under section 321.445 . 10 Sec. 28. Section 322D.1, subsection 7, Code 2016, is amended 11 by striking the subsection and inserting in lieu thereof the 12 following: 13 7. “Motorcycle” means a motorcycle, including an autocycle, 14 as those terms are defined in section 321.1. “Motorcycle” does 15 not include an all-terrain vehicle. 16 DIVISION III 17 REPAIRED SALVAGE MOTOR VEHICLES 18 Sec. 29. Section 321.24, subsection 5, Code 2016, is amended 19 to read as follows: 20 5. If the prior certificate of title is from another state 21 and indicates that the vehicle was junked, an Iowa junking 22 certificate shall be issued according to section 321.52, 23 subsections 2 and 3 . If the prior certificate of title 24 from another state indicates that the vehicle is salvaged 25 and not rebuilt or is a salvage certificate of title, an 26 Iowa salvage certificate of title shall be issued and a 27 “SALVAGE” designation shall be retained on all subsequent 28 Iowa certificates of title and registration receipts for 29 the vehicle, except unless the owner has surrendered the 30 prior certificate of title and a salvage theft examination 31 certificate, as provided under section 321.52, subsection 4 , 32 paragraph “b” , and the salvage theft examination certificate 33 was properly executed within thirty days of the date the owner 34 was assigned the prior certificate of title . The department 35 -13- LSB 5263DP (3) 86 ns/nh 13/ 20

S.F. _____ H.F. _____ may require that subsequent Iowa certificates of title retain 1 other states’ designations which indicate that a vehicle had 2 incurred prior damage. The department shall determine the 3 manner in which other states’ rebuilt, salvage, or other 4 designations are to be indicated on Iowa titles. 5 Sec. 30. Section 321.52, subsection 4, paragraph c, Code 6 2016, is amended to read as follows: 7 c. A salvage theft examination shall be made by a peace 8 officer who has been specially certified and recertified when 9 required by the Iowa law enforcement academy to do salvage 10 theft examinations. The Iowa law enforcement academy shall 11 determine standards for training and certification, conduct 12 training, and may approve alternative training programs 13 which satisfy the academy’s standards for training and 14 certification. The owner of the salvage vehicle shall make 15 the vehicle available for examination at a time and location 16 designated by the peace officer doing the examination. The 17 owner may obtain a permit to drive the vehicle to and from the 18 examination location by submitting a repair affidavit to the 19 agency performing the examination stating that the vehicle is 20 reasonably safe for operation and listing the repairs which 21 have been made to the vehicle. The owner must be present 22 for the examination and have available for inspection the 23 salvage title, bills of sale for all essential parts changed, 24 if applicable, and the repair affidavit. The examination 25 shall be for the purposes of determining whether the vehicle 26 or repair components have been stolen. The examination is not 27 a safety inspection and a signed salvage theft examination 28 certificate shall not be construed by any court of law to be a 29 certification that the vehicle is safe to be operated. There 30 shall be no cause of action against the peace officer or the 31 agency conducting the examination or the county treasurer 32 for failure to discover or note safety defects. If the 33 vehicle passes the theft examination, the peace officer shall 34 indicate that the vehicle passed examination on the salvage 35 -14- LSB 5263DP (3) 86 ns/nh 14/ 20

S.F. _____ H.F. _____ theft examination certificate. The permit and salvage theft 1 examination certificate shall be on controlled forms prescribed 2 and furnished by the department. The owner shall pay a fee of 3 thirty dollars upon completion of at the time the examination 4 is scheduled . The agency performing the examinations shall 5 retain twenty dollars of the fee and shall pay five dollars 6 of the fee to the department and five dollars of the fee to 7 the treasurer of state for deposit in the general fund of 8 the state. Moneys deposited to the general fund under this 9 paragraph are subject to the requirements of section 8.60 and 10 shall be used by the Iowa law enforcement academy to provide 11 for the special training, certification, and recertification of 12 officers as required by this subsection . 13 DIVISION IV 14 SPECIAL MINOR’S DRIVER’S LICENSES 15 Sec. 31. Section 321.194, subsection 1, paragraph a, 16 subparagraph (2), Code 2016, is amended to read as follows: 17 (2) During the hours of 5:00 a.m. to 10:00 p.m. over 18 the most direct and accessible route between the licensee’s 19 residence or school of enrollment and a school that is not 20 the student’s licensee’s school of enrollment , but is within 21 or contiguous to the licensee’s district of residence, for 22 the purpose of participating in extracurricular activities 23 conducted under a sharing agreement with the student’s school 24 of enrollment. 25 DIVISION V 26 OVERSIZE AND OVERWEIGHT MOTOR VEHICLES 27 Sec. 32. Section 321E.7, subsection 1, Code 2016, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . e. Vehicles operating under a permit issued 30 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross 31 weight not to exceed forty-six thousand pounds on a single 32 tandem axle of the truck tractor and a gross weight not to 33 exceed forty-six thousand pounds on a single tandem axle of the 34 trailer or semitrailer if each axle of each tandem group has at 35 -15- LSB 5263DP (3) 86 ns/nh 15/ 20

S.F. _____ H.F. _____ least four tires. 1 DIVISION VI 2 AIRCRAFT 3 Sec. 33. Section 328.24, subsection 1, Code 2016, is amended 4 to read as follows: 5 1. If, during the year for which an aircraft, except 6 nonresident aircraft used for the application of herbicides 7 and pesticides, was registered and the required fee paid, the 8 aircraft is destroyed by fire or accident or junked, and its 9 identity as an aircraft entirely eliminated, or the aircraft 10 is removed and continuously used beyond the boundaries of the 11 state, then the owner in whose name it was registered at the 12 time of destruction, dismantling, or removal from the state 13 shall return the certificate of registration to the department 14 within thirty days and make affidavit of the destruction, 15 dismantling, or removal and make claim for the refund. The 16 refund shall be paid from the general fund of the state. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 DIVISION I —— RECURRING PAYMENT PLANS. Current law allows a 21 person with court debt to enter into an installment agreement 22 with a county attorney or private collection designee for 23 payment of the court debt. This bill allows a person to 24 enter into a recurring payment plan with the department of 25 transportation (DOT) for payment of the court debt if the 26 person’s driver’s license has been suspended pursuant to Code 27 section 321.210A or the person has unpaid civil penalties 28 imposed under Code section 321.218A, 321A.32A, or 321J.17, and 29 if the unpaid court debt is not otherwise subject to an active 30 installment agreement. A person who has only unpaid civil 31 penalties may execute a recurring payment plan with the DOT for 32 payment of the unpaid civil penalties. The bill allows the DOT 33 to assess to the person, and include in the automatic monthly 34 payment, a fee to cover the cost of collection. 35 -16- LSB 5263DP (3) 86 ns/nh 16/ 20

S.F. _____ H.F. _____ The DOT may begin to collect court debt 60 days after the 1 court debt is deemed delinquent if the court debt is not 2 part of an installment agreement with a private collection 3 designee or county attorney. Like county attorneys, the DOT 4 is prohibited from collecting amounts collected for victim 5 restitution, the victim compensation fund, the criminal penalty 6 surcharge, sex offender civil penalty, drug abuse resistance 7 education surcharge, the law enforcement initiative surcharge, 8 county enforcement surcharge, amounts collected as a result of 9 setoff procedures, or fees charged pursuant to Code section 10 356.7. 11 Upon execution of a recurring payment plan and receipt 12 of the first monthly payment, the bill requires the DOT to 13 terminate all license suspensions and show as satisfied all 14 civil penalties within the scope of the recurring payment plan, 15 and to reinstate the driver’s license of the person unless the 16 driver’s license of the person is otherwise suspended, revoked, 17 denied, or barred under another provision of law. 18 If the person fails to make two or more consecutive monthly 19 payments, the bill requires the DOT to terminate the recurring 20 payment plan, reinstate all license suspensions the basis of 21 which remain unsatisfied under the recurring payment plan, 22 and show as unsatisfied all civil penalties within the scope 23 of the recurring payment plan that remain unsatisfied. A 24 person who executes a recurring payment plan waives the right 25 to appeal or otherwise contest a suspension reinstated in 26 this way, but has the right to an accounting of the DOT’s 27 application of the funds received to the amount due, and to 28 contest the accounting. A person whose recurring payment plan 29 has been terminated may reactivate the recurring payment plan 30 by electronically affirming the payment plan and resuming 31 payments under the plan. A person whose driver’s license 32 suspension is reinstated for the sole reason that the person 33 failed to make the required monthly payments shall not be 34 required to surrender the person’s driver’s license to the 35 -17- LSB 5263DP (3) 86 ns/nh 17/ 20

S.F. _____ H.F. _____ DOT, and may retain the license for identification purposes 1 and, if otherwise valid, use the license for driving purposes 2 upon reactivation of the payment plan and reinstatement of the 3 license. 4 The bill allows new court debt and civil penalties to 5 be added to the recurring payment plan. If new court debt 6 or civil penalties are added, the bill allows the DOT to 7 recalculate the minimum monthly payment under the recurring 8 payment plan. 9 The bill requires the DOT to transmit civil penalties 10 collected under Code sections 321.218A and 321A.32A to the 11 treasurer of state for deposit in the juvenile detention home 12 fund, in accord with current law. The bill also requires the 13 DOT to transmit civil penalties collected under Code section 14 321J.17 to the treasurer of state for deposit in the victim 15 compensation fund and the general fund of the state, in accord 16 with current law. The bill requires the DOT to transmit any 17 other moneys collected to the state court administrator for 18 distribution under Code section 602.8108. 19 DIVISION II —— AUTOCYCLES. The bill defines an autocycle 20 as a motorcycle with two front wheels and one rear wheel, a 21 steering wheel, one or more permanent seats that do not require 22 the operator or a passenger to straddle or sit astride a seat, 23 and foot pedals that control the brakes, acceleration, and 24 clutch. Under the bill, autocycles are treated as motorcycles 25 under the Code, including for purposes of registration and 26 display of one license plate, except that autocycles are 27 required to operate with two front headlamps, may transport 28 packages in the vehicle, must be operated under a class C 29 driver’s license instead of a class M driver’s license, are not 30 exempt from lighting equipment requirements, are not exempt 31 from brake requirements generally applicable to motor vehicles, 32 and are not exempt from safety belt and child restraint 33 requirements generally applicable to motor vehicles. 34 DIVISION III —— REPAIRED SALVAGE MOTOR VEHICLES. Current 35 -18- LSB 5263DP (3) 86 ns/nh 18/ 20