HSB 615 (LSB 5263DP (3) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF TRANSPORTATION BILL)

A BILL FOR

An Act relating to matters under the purview of, and the collection of certain court debt by, the department of transportation, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
RECURRING PAYMENT PLANS

    Section 1.  Section 232.142, subsection 6, Code 2016, is amended to read as follows:
   6.  A juvenile detention home fund is created in the state treasury under the authority of the department. The fund shall consist of moneys deposited in the fund pursuant to sections 321.210B, 321.218A, and 321A.32A. The moneys in the fund shall be used for the costs of the establishment, improvement, operation, and maintenance of county or multicounty juvenile detention homes in accordance with annual appropriations made by the general assembly from the fund for these purposes.
    Sec. 2.  Section 321.40, subsection 9, Code 2016, is amended to read as follows:
   9.  a.  The clerk of the district court shall notify the county treasurer of any delinquent court debt, as defined in section 602.8107, which is being collected by the private collection designee pursuant to section 602.8107, subsection 3, or the county attorney pursuant to section 602.8107, subsection 4, or the department of transportation pursuant to section 602.8107, subsection 4A. The county treasurer shall refuse to renew the vehicle registration of the applicant upon such notification from the clerk of the district court in regard to such applicant.
   b.  If the applicant enters into or renews an installment agreement as defined in section 602.8107, that is satisfactory to the private collection designee, the county attorney, or the county attorney’s designee, or a recurring payment plan as defined in section 321.210B, subsection 15, that is satisfactory to the department of transportation, the private collection designee, county attorney, or a county attorney’s designee, or department of transportation shall provide the county treasurer with written or electronic notice of the installment agreement or recurring payment plan within five days of entering into the installment agreement or recurring payment plan. The county treasurer shall temporarily lift the registration hold on an applicant for a period of ten days if the treasurer receives such notice in order to allow the applicant to register a vehicle for the year. If the applicant remains in compliance with the installment agreement entered into with the private collection designee or the county attorney or the county attorney’s designee, or with the recurring payment plan entered into with the department of transportation, subsequent lifts of registration holds shall be granted without additional restrictions.
    Sec. 3.  Section 321.210A, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  Upon the failure of a person to pay the fine, penalty, surcharge, or court costs within sixty days’ notice by the clerk of the district court as provided in paragraph “b” “a”, the clerk shall report the failure to the department.
    Sec. 4.  Section 321.210A, subsection 2, Code 2016, is amended to read as follows:
   2.  If after suspension, the person enters into an installment agreement with the county attorney, the county attorney’s designee, or the private collection designee, or enters into a recurring payment plan with the department, in accordance with section 321.210B to pay the fine, penalty, court cost, or surcharge, the person’s license shall be reinstated by the department upon receipt of a report of an executed installment agreement according to the provisions of section 321.210B.
    Sec. 5.  Section 321.210B, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  a.  (1)  In lieu of executing an installment agreement pursuant to subsection 1, a person whose driver’s license has been suspended pursuant to section 321.210A, or who has unpaid civil penalties imposed under section 321.218A, 321A.32A, or 321J.17, may execute a recurring payment plan with the department for the payment of the person’s delinquent fines, penalties, court costs, surcharges, or civil penalties, as provided under section 602.8107, subsection 4A, that are not otherwise subject to an active installment agreement executed pursuant to subsection 1 that is not in default. A person who has only unpaid civil penalties may execute a recurring payment plan with the department for payment of the unpaid civil penalties.
   (2)  For purposes of this subsection, “recurring payment plan” means a payment plan in which the person electronically authorizes automatic monthly payments to the department, in an amount not less than a minimum amount determined by the department, that are made by credit card, debit card, or any other form of payment authorized by the department. The department shall assess to the person, and include in the automatic monthly payment, a fee to cover the cost of collection.
   b.  (1)  Upon execution of a recurring payment plan and receipt of the first monthly payment from a person, which shall be made at the time the person executes the recurring payment plan, the department shall terminate all suspensions imposed under section 321.210A and show as satisfied all civil penalties within the scope of the recurring payment plan and shall, upon payment of the reinstatement fee as provided in section 321.191, immediately reinstate the driver’s license of the person unless the driver’s license of the person is otherwise suspended, revoked, denied, or barred under another provision of law.
   (2)  If a driver’s license is reinstated upon an executed recurring payment plan, the driver shall provide proof of financial responsibility pursuant to section 321A.17, if otherwise required by law.
   c.  (1)  If the person fails to make two or more consecutive monthly payments, the department shall terminate the recurring payment plan, reinstate all suspensions imposed under section 321.210A the basis of which remain unsatisfied under the recurring payment plan, and show as unsatisfied all civil penalties within the scope of the recurring payment plan that remain unsatisfied. A person who executes a recurring payment plan waives the right to appeal or otherwise contest a suspension reinstated under this paragraph “c”, but shall have the right to an accounting of the department’s application of the funds received to the amount due, and to contest the accounting. A person whose recurring payment plan has been terminated may reactivate the recurring payment plan by electronically affirming the payment plan and resuming payments under the plan. Upon reactivation of the recurring payment plan and receipt of all past-due monthly payments under the recurring payment plan, the department shall terminate all suspensions imposed under section 321.210A and show as satisfied all civil penalties within the scope of the recurring payment plan and shall, upon payment of the reinstatement fee as provided in section 321.191, immediately reinstate the driver’s license of the person unless the driver’s license of the person is otherwise suspended, revoked, denied, or barred under another provision of law.
   (2)  Notwithstanding section 321.212, a person whose driver’s license suspension is reinstated under this paragraph “c” for the sole reason that the person failed to make the required monthly payments shall not be required to surrender the person’s driver’s license to the department, and may retain the license for identification purposes and, if otherwise valid, use the license for driving purposes upon reactivation of the recurring payment plan and reinstatement of the person’s driver’s license under this paragraph “c”.
   d.  Notwithstanding section 321.16, a person who executed a recurring payment plan with the department shall receive all correspondence related to the recurring payment plan, including any notice of a reinstated suspension of the person’s driver’s license under paragraph “c”, by electronic mail at an address provided by the person. The person shall notify the department of any change in the person’s electronic mail address.
   e.  (1)  If a new fine, penalty, surcharge, or court cost is imposed on a person after the person has executed a recurring payment plan, and the new fine, penalty, surcharge, or court cost is deemed delinquent as provided in section 602.8107, subsection 2, and the person’s driver’s license has been suspended pursuant to section 321.210A, the person may add the fines, penalties, court costs, or surcharges not otherwise subject to an active installment agreement executed pursuant to subsection 1 that is not in default to the recurring payment plan.
   (2)  If a new civil penalty is imposed on a person under section 321.218A, 321A.32A, or 321J.17 after the person has executed a recurring payment plan, the person may add the civil penalty to the recurring payment plan, provided the civil penalty is not otherwise subject to an active installment agreement executed under subsection 1 that is not in default.
   (3)  If new fines, penalties, surcharges, court costs, or civil penalties are added to a recurring payment plan under this paragraph “e”, the department may recalculate the minimum monthly payment under the recurring payment plan.
   f.  (1)  The department shall retain, from the first moneys collected, an amount equal to the amount of any civil penalty assessed pursuant to section 321.218A or 321A.32A included in the recurring payment plan. The department shall transmit the money retained pursuant to this subparagraph (1) to the treasurer of state for deposit in the juvenile detention home fund created in section 232.142.
   (2)  The department shall retain, from the first moneys collected, an amount equal to the amount of any civil penalty assessed pursuant to section 321J.17 included in the recurring payment plan. The department shall transmit the money retained pursuant to this subparagraph (2) to the treasurer of state who shall deposit one-half of the money in the separate fund established in section 915.94 and one-half of the money in the general fund of the state.
   (3)  The department shall transmit any other moneys collected to the state court administrator for distribution under section 602.8108.
   g.  The department may adopt rules pursuant to chapter 17A to implement the provisions of this subsection.
    Sec. 6.  Section 602.8107, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  “Recurring payment plan” means as defined in section 321.210B, subsection 15.
    Sec. 7.  Section 602.8107, subsection 3, paragraph b, Code 2016, is amended to read as follows:
   b.  In addition, court debt which is being collected under an installment agreement or a recurring payment plan pursuant to section 321.210B which is in default that remains delinquent shall remain assigned to the private collection designee if the installment agreement was executed with the private collection designee;, or to the county attorney or county attorney’s designee if the installment agreement was executed with the county attorney or county attorney’s designee, or to the department of transportation if the recurring payment plan was executed with the department. 
    Sec. 8.  Section 602.8107, subsection 3, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  If the court debt in a case is not part of an installment agreement with the private collection designee under contract with the judicial branch pursuant to subsection 5, or the county attorney pursuant to subsection 4, the court debt shall be assigned to the department of transportation as provided in subsection 4A sixty days after the court debt has been deemed delinquent if failure to pay the court debt has resulted in the suspension of the person’s driver’s license pursuant to section 321.210A.
    Sec. 9.  Section 602.8107, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Collection by department of transportation.  The state department of transportation may collect court debt pursuant to a recurring payment plan in accordance with section 321.210B, subsection 15, sixty days after the court debt is deemed delinquent pursuant to subsection 2.
   a.  This subsection does not apply to amounts collected for victim restitution, the victim compensation fund, the criminal penalty surcharge, sex offender civil penalty, drug abuse resistance education surcharge, the law enforcement initiative surcharge, county enforcement surcharge, amounts collected as a result of procedures initiated under subsection 5 or under section 8A.504, or fees charged pursuant to section 356.7.
   b.  Amounts collected by the department shall be distributed in accordance with section 321.210B, subsection 15.
    Sec. 10.  Section 602.8107, subsection 5, paragraph a, Code 2016, is amended to read as follows:
   a.  The judicial branch shall contract with a private collection designee for the collection of court debt after the court debt in a case is deemed delinquent pursuant to subsection 2 if the county attorney is not collecting the court debt in a case pursuant to subsection 4 and the department of transportation is not collecting the court debt in a case pursuant to subsection 4A. The judicial branch shall solicit requests for proposals prior to entering into any contract pursuant to this subsection.
DIVISION II
AUTOCYCLES

    Sec. 11.  Section 321.1, subsection 40, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  “Autocycle” means a motorcycle with two front wheels and one rear wheel, a steering wheel, one or more permanent seats that do not require the operator or a passenger to straddle or sit astride a seat, and foot pedals that control the brakes, acceleration, and clutch, where applicable. 
    Sec. 12.  Section 321.180, subsection 1, paragraph b, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  However, if the permittee is operating a motorcycle that is not an autocycle with two or more seats in accordance with this section or section 321.180B, the accompanying person must be within audible and visual communications distance from the permittee and be accompanying the permittee on or in a different motor vehicle. Only one permittee shall be under the immediate supervision of an accompanying qualified person.
    Sec. 13.  Section 321.180B, subsection 1, paragraph c, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  If the permittee is operating a motorcycle that is not an autocycle with two or more seats in accordance with this section, the accompanying person must be within audible and visual communications distance from the permittee and be accompanying the permittee on or in a different motor vehicle. Only one permittee shall be under the immediate supervision of an accompanying qualified person.
    Sec. 14.  Section 321.189, subsection 1, paragraph a, subparagraphs (3) and (5), Code 2016, are amended to read as follows:
   (3)  Class C —— Valid for the operation of a vehicle, other than a motorcycle that is not an autocycle, or a combination of vehicles with a gross combination weight rating of twenty-six thousand one or more pounds provided the towing vehicle has a gross vehicle weight rating of less than twenty-six thousand one pounds and each towed vehicle has a gross vehicle weight rating of less than ten thousand one pounds, or a combination of vehicles with a gross vehicle weight rating or gross combination weight rating of less than twenty-six thousand one pounds, and also valid for the operation of any vehicle, other than a motorcycle that is not an autocycle, for which the operator is exempt from commercial driver’s license requirements under section 321.176A, and also valid for the operation of an autocycle.
   (5)  Class M —— Valid for the operation of a motorcycle that is not an autocycle.
    Sec. 15.  Section 321.191, subsection 5, Code 2016, is amended to read as follows:
   5.  Licenses valid for motorcycles.  An additional fee of two dollars per year of license validity is required to issue a license valid to operate a motorcycle that is not an autocycle.
    Sec. 16.  Section 321.275, subsection 2, paragraph b, Code 2016, is amended to read as follows:
   b.  Motorcycles.  A person shall not operate or ride a motorcycle on the highways with another person on the motorcycle unless the motorcycle is designed to carry more than one person. The If the motorcycle is not an autocycle, the additional passenger may ride upon the motorcycle’s permanent and regular seat if the seat is designed for two persons, or upon another seat firmly attached to the motorcycle at the rear of the operator.  If the motorcycle is an autocycle, the passenger may ride in a permanent and regular seat within the autocycle designed for a passenger. The A motorcycle that is not an autocycle shall be equipped with footrests for the passenger unless the passenger is riding in a sidecar or enclosed cab. The motorcycle operator shall not carry any person nor shall any other person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
    Sec. 17.  Section 321.275, subsections 3, 5, and 6, Code 2016, are amended to read as follows:
   3.  Sitting position.  A person operating a motorcycle or motorized bicycle shall ride only upon the vehicle’s permanent and regular attached seat. Every person riding upon the vehicle a motorcycle that is not an autocycle shall be sitting astride the seat, facing forward with one leg on either side of the vehicle.
   5.  Headlights on.  A person shall not operate a 1977 or later model year motorcycle that is not an autocycle or any model year motorized bicycle upon the highways without displaying at least one lighted headlamp of the type described in section 321.409.  A person shall not operate any model year autocycle upon the highways without displaying at least two lighted headlamps of the type described in section 321.409. However, this subsection is subject to the exceptions with respect to parked vehicles as provided in this chapter.
   6.  Packages.  The operator of a motorcycle or motorized bicycle or motorcycle that is not an autocycle shall not carry any package, bundle, or other article which prevents the operator from keeping both hands on the handlebars.
    Sec. 18.  Section 321.385, Code 2016, is amended to read as follows:
   321.385  Headlamps on motor vehicles.
   Every motor vehicle other than a motorcycle or motorized bicycle or motorcycle that is not an autocycle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter.
    Sec. 19.  Section 321.386, Code 2016, is amended to read as follows:
   321.386  Headlamps on motorcycles and motorized bicycles.
   Every motorcycle and motorized bicycle and motorcycle that is not an autocycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter.
    Sec. 20.  Section 321.409, subsection 1, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motorized bicycles or motorcycles that are not autocycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and the lamps may, in addition, be so arranged that selection can be made automatically, subject to the following limitations:
    Sec. 21.  Section 321.409, subsection 2, Code 2016, is amended to read as follows:
   2.  Every new motor vehicle, other than a motorcycle or motorized bicycle or motorcycle that is not an autocycle, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle.
    Sec. 22.  Section 321.415, subsection 2, Code 2016, is amended to read as follows:
   2.  The provisions of subsection 1, paragraphs “a” and “b”, do not apply to motorcycles or motorized bicycles or motorcycles that are not autocycles being operated between sunrise and sunset.
    Sec. 23.  Section 321.430, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  Every motor vehicle, other than a motorcycle, or motorized bicycle or motorcycle that is not an autocycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
   2.  Every motorcycle and motorized bicycle and motorcycle that is not an autocycle, when operated upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot.
    Sec. 24.  Section 321.430, subsection 4, paragraph a, Code 2016, is amended to read as follows:
   a.  Any motorcycle or motorized bicycle or motorcycle that is not an autocycle.
    Sec. 25.  Section 321.445, subsection 1, Code 2016, is amended to read as follows:
   1.  Except for motorcycles or motorized bicycles or motorcycles that are not autocycles, 1966 model year or newer motor vehicles subject to registration in Iowa shall be equipped with safety belts and safety harnesses which conform with federal motor vehicle safety standard numbers 209 and 210 as published in 49 C.F.R. §571.209 – 571.210 and with prior federal motor vehicle safety standards for seat belt assemblies and seat belt assembly anchorages applicable for the motor vehicle’s model year.
    Sec. 26.  Section 321.445, subsection 2, paragraph a, Code 2016, is amended to read as follows:
   a.  The driver and front seat occupants of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle or motorcycle that is not an autocycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this state except that a child under eighteen years of age shall be secured as required under section 321.446.
    Sec. 27.  Section 321.446, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  a.  A child under one year of age and weighing less than twenty pounds who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle that is not an autocycle, shall be secured during transit in a rear-facing child restraint system that is used in accordance with the manufacturer’s instructions.
   b.  A child under six years of age who does not meet the description in paragraph “a” and who is being transported in a motor vehicle subject to registration, except a school bus or a motorcycle that is not an autocycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions.
   2.  A child at least six years of age but under eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus or a motorcycle that is not an autocycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions or by a safety belt or safety harness of a type approved under section 321.445.
    Sec. 28.  Section 322D.1, subsection 7, Code 2016, is amended by striking the subsection and inserting in lieu thereof the following:
   7.  “Motorcycle” means a motorcycle, including an autocycle, as those terms are defined in section 321.1. “Motorcycle” does not include an all-terrain vehicle.
DIVISION III
REPAIRED SALVAGE MOTOR VEHICLES

    Sec. 29.  Section 321.24, subsection 5, Code 2016, is amended to read as follows:
   5.  If the prior certificate of title is from another state and indicates that the vehicle was junked, an Iowa junking certificate shall be issued according to section 321.52, subsections 2 and 3. If the prior certificate of title from another state indicates that the vehicle is salvaged and not rebuilt or is a salvage certificate of title, an Iowa salvage certificate of title shall be issued and a “SALVAGE” designation shall be retained on all subsequent Iowa certificates of title and registration receipts for the vehicle, except unless the owner has surrendered the prior certificate of title and a salvage theft examination certificate, as provided under section 321.52, subsection 4, paragraph “b”, and the salvage theft examination certificate was properly executed within thirty days of the date the owner was assigned the prior certificate of title. The department may require that subsequent Iowa certificates of title retain other states’ designations which indicate that a vehicle had incurred prior damage. The department shall determine the manner in which other states’ rebuilt, salvage, or other designations are to be indicated on Iowa titles.
    Sec. 30.  Section 321.52, subsection 4, paragraph c, Code 2016, is amended to read as follows:
   c.  A salvage theft examination shall be made by a peace officer who has been specially certified and recertified when required by the Iowa law enforcement academy to do salvage theft examinations. The Iowa law enforcement academy shall determine standards for training and certification, conduct training, and may approve alternative training programs which satisfy the academy’s standards for training and certification. The owner of the salvage vehicle shall make the vehicle available for examination at a time and location designated by the peace officer doing the examination. The owner may obtain a permit to drive the vehicle to and from the examination location by submitting a repair affidavit to the agency performing the examination stating that the vehicle is reasonably safe for operation and listing the repairs which have been made to the vehicle. The owner must be present for the examination and have available for inspection the salvage title, bills of sale for all essential parts changed, if applicable, and the repair affidavit. The examination shall be for the purposes of determining whether the vehicle or repair components have been stolen. The examination is not a safety inspection and a signed salvage theft examination certificate shall not be construed by any court of law to be a certification that the vehicle is safe to be operated. There shall be no cause of action against the peace officer or the agency conducting the examination or the county treasurer for failure to discover or note safety defects. If the vehicle passes the theft examination, the peace officer shall indicate that the vehicle passed examination on the salvage theft examination certificate. The permit and salvage theft examination certificate shall be on controlled forms prescribed and furnished by the department. The owner shall pay a fee of thirty dollars upon completion of at the time the examination is scheduled. The agency performing the examinations shall retain twenty dollars of the fee and shall pay five dollars of the fee to the department and five dollars of the fee to the treasurer of state for deposit in the general fund of the state. Moneys deposited to the general fund under this paragraph are subject to the requirements of section 8.60 and shall be used by the Iowa law enforcement academy to provide for the special training, certification, and recertification of officers as required by this subsection.
DIVISION IV
SPECIAL MINOR’S DRIVER’S LICENSES

    Sec. 31.  Section 321.194, subsection 1, paragraph a, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  During the hours of 5:00 a.m. to 10:00 p.m. over the most direct and accessible route between the licensee’s residence or school of enrollment and a school that is not the student’s licensee’s school of enrollment, but is within or contiguous to the licensee’s district of residence, for the purpose of participating in extracurricular activities conducted under a sharing agreement with the student’s school of enrollment.
DIVISION V
OVERSIZE AND OVERWEIGHT MOTOR VEHICLES

    Sec. 32.  Section 321E.7, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Vehicles operating under a permit issued pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the truck tractor and a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires.
DIVISION VI
AIRCRAFT

    Sec. 33.  Section 328.24, subsection 1, Code 2016, is amended to read as follows:
   1.  If, during the year for which an aircraft, except nonresident aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name it was registered at the time of destruction, dismantling, or removal from the state shall return the certificate of registration to the department within thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   DIVISION I —— RECURRING PAYMENT PLANS. Current law allows a person with court debt to enter into an installment agreement with a county attorney or private collection designee for payment of the court debt. This bill allows a person to enter into a recurring payment plan with the department of transportation (DOT) for payment of the court debt if the person’s driver’s license has been suspended pursuant to Code section 321.210A or the person has unpaid civil penalties imposed under Code section 321.218A, 321A.32A, or 321J.17, and if the unpaid court debt is not otherwise subject to an active installment agreement. A person who has only unpaid civil penalties may execute a recurring payment plan with the DOT for payment of the unpaid civil penalties. The bill allows the DOT to assess to the person, and include in the automatic monthly payment, a fee to cover the cost of collection.
   The DOT may begin to collect court debt 60 days after the court debt is deemed delinquent if the court debt is not part of an installment agreement with a private collection designee or county attorney. Like county attorneys, the DOT is prohibited from collecting amounts collected for victim restitution, the victim compensation fund, the criminal penalty surcharge, sex offender civil penalty, drug abuse resistance education surcharge, the law enforcement initiative surcharge, county enforcement surcharge, amounts collected as a result of setoff procedures, or fees charged pursuant to Code section 356.7.
   Upon execution of a recurring payment plan and receipt of the first monthly payment, the bill requires the DOT to terminate all license suspensions and show as satisfied all civil penalties within the scope of the recurring payment plan, and to reinstate the driver’s license of the person unless the driver’s license of the person is otherwise suspended, revoked, denied, or barred under another provision of law.
   If the person fails to make two or more consecutive monthly payments, the bill requires the DOT to terminate the recurring payment plan, reinstate all license suspensions the basis of which remain unsatisfied under the recurring payment plan, and show as unsatisfied all civil penalties within the scope of the recurring payment plan that remain unsatisfied. A person who executes a recurring payment plan waives the right to appeal or otherwise contest a suspension reinstated in this way, but has the right to an accounting of the DOT’s application of the funds received to the amount due, and to contest the accounting. A person whose recurring payment plan has been terminated may reactivate the recurring payment plan by electronically affirming the payment plan and resuming payments under the plan. A person whose driver’s license suspension is reinstated for the sole reason that the person failed to make the required monthly payments shall not be required to surrender the person’s driver’s license to the DOT, and may retain the license for identification purposes and, if otherwise valid, use the license for driving purposes upon reactivation of the payment plan and reinstatement of the license.
   The bill allows new court debt and civil penalties to be added to the recurring payment plan. If new court debt or civil penalties are added, the bill allows the DOT to recalculate the minimum monthly payment under the recurring payment plan.
   The bill requires the DOT to transmit civil penalties collected under Code sections 321.218A and 321A.32A to the treasurer of state for deposit in the juvenile detention home fund, in accord with current law. The bill also requires the DOT to transmit civil penalties collected under Code section 321J.17 to the treasurer of state for deposit in the victim compensation fund and the general fund of the state, in accord with current law. The bill requires the DOT to transmit any other moneys collected to the state court administrator for distribution under Code section 602.8108.
   DIVISION II —— AUTOCYCLES. The bill defines an autocycle as a motorcycle with two front wheels and one rear wheel, a steering wheel, one or more permanent seats that do not require the operator or a passenger to straddle or sit astride a seat, and foot pedals that control the brakes, acceleration, and clutch. Under the bill, autocycles are treated as motorcycles under the Code, including for purposes of registration and display of one license plate, except that autocycles are required to operate with two front headlamps, may transport packages in the vehicle, must be operated under a class C driver’s license instead of a class M driver’s license, are not exempt from lighting equipment requirements, are not exempt from brake requirements generally applicable to motor vehicles, and are not exempt from safety belt and child restraint requirements generally applicable to motor vehicles.
   DIVISION III —— REPAIRED SALVAGE MOTOR VEHICLES. Current law requires the owner of a repaired vehicle with a salvage certificate of title from another state to apply for and be issued an Iowa salvage certificate of title before the owner may apply for and be issued an Iowa certificate of title indicating the repaired vehicle was previously titled as salvage. The bill allows the owner of a repaired vehicle to obtain an Iowa certificate of title indicating the repaired vehicle was previously titled as salvage by surrendering the foreign salvage certificate of title and a salvage theft examination certificate properly executed within 30 days of the date the owner was assigned the foreign certificate of title.
   Under current law, the $30 fee for a salvage theft examination is due upon completion of the examination. The bill requires the $30 fee to be paid at the time the examination is scheduled.
   DIVISION IV —— SPECIAL MINOR’S DRIVER’S LICENSES. Under current law, a special minor’s driver’s license entitles the licensee to travel between the licensee’s residence or school of enrollment and a school that is not the licensee’s school of enrollment for the purpose of participating in extracurricular activities. The bill requires the school that is not the licensee’s school of enrollment to be within or contiguous to the licensee’s district of residence.
   DIVISION V —— OVERSIZE AND OVERWEIGHT MOTOR VEHICLES. 

Current law limits the weight of a vehicle operating under a permit related to excessive size and weight to 20,000 pounds per axle, or 40,000 pounds per tandem axle. The bill allows such vehicles to have a weight of 46,000 pounds on a single tandem axle of the truck tractor and 46,000 pounds on a single tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires.
   DIVISION VI —— AIRCRAFT. Under current law, the owner of an aircraft may receive a registration refund if the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state. However, nonresident owners of aircraft used for the application of herbicides and pesticides are prohibited from receiving a refund. The bill prohibits all owners of aircraft used for the application of herbicides and pesticides from receiving a refund.