SSB 3054 (LSB 5451XC (2) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS)

A BILL FOR

An Act relating to civil penalties assessed for suspension or revocation of a person’s driver’s license or nonresident operating privilege.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    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 321.218A 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 321.210B, subsection 1, Code 2016, is amended to read as follows:
   1.  If a person’s 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 execute an installment agreement as defined in section 602.8107 with the county attorney, the county attorney’s designee, or the private collection designee under contract with the judicial branch pursuant to section 602.8107, subsection 5, to pay the delinquent amount and the civil penalty assessed in subsection 7 in installments. Prior to execution of the installment agreement, the person shall provide the county attorney, the county attorney’s designee, or the private collection designee with a financial statement in order for the parties to the agreement to determine the amount of the installment payments.
    Sec. 3.  Section 321.210B, subsection 7, Code 2016, is amended by striking the subsection.
    Sec. 4.  Section 321.210B, subsections 11 and 14, Code 2016, are amended to read as follows:
   11.  If a new fine, penalty, surcharge, or court cost is imposed on a person after the person has executed an installment agreement with the county attorney, the county attorney’s designee, or the private collection designee, 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 enter into a second installment agreement with the county attorney, county attorney’s designee, or the private collection designee to pay the delinquent amount and the civil penalty, if assessed, in subsection 7 in installments.
   14.  Except for a civil penalty assessed and collected pursuant to subsection 7, any Any amount collected under the installment agreement by the county attorney or the county attorney’s designee shall be distributed as provided in section 602.8107, subsection 4, and any amount collected by the private collection designee shall be deposited with the clerk of the district court for distribution under section 602.8108.
    Sec. 5.  Section 321J.17, subsection 1, Code 2016, is amended by striking the subsection.
    Sec. 6.  Section 321M.9, subsection 1, Code 2016, is amended to read as follows:
   1.  Fees to counties.  Notwithstanding any other provision in the Code to the contrary, the county treasurer of a county authorized to issue driver’s licenses under this chapter shall retain for deposit in the county general fund seven dollars of fees received for each issuance or renewal of driver’s licenses and nonoperator’s identification cards, but shall not retain any moneys for the issuance of any persons with disabilities identification devices. The five dollar processing fee charged by a county treasurer for collection of a civil penalty under section 321.218A, 321A.32A, or 321J.17 shall be retained for deposit in the county general fund. The county treasurer shall remit the balance of fees and all civil penalties to the department.
    Sec. 7.  Section 331.557A, subsection 4, Code 2016, is amended by striking the subsection.
    Sec. 8.  REPEAL.  Sections 321.218A and 321A.32A, Code 2016, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under current law, a civil penalty is imposed on a person whose driver’s license or nonresident operating privilege has been suspended, revoked, or barred by the department of transportation for a violation of Code chapter 321 (motor vehicles and laws of the road), 321A (motor vehicle financial responsibility), or 321J (operating while intoxicated). For a violation of Code chapter 321 or 321A, the civil penalty is $200, or if the person is age 19 or under, the civil penalty is $50. The moneys derived from these two penalties are deposited in the juvenile detention home fund created under Code section 232.142. For a violation of Code chapter 321J, the civil penalty is $200. The moneys derived from this penalty are deposited in the victim compensation fund created under Code section 915.94 and the general fund of the state.
   This bill repeals those civil penalties. The bill also strikes related provisions regarding payment of the civil penalties in installment agreements, collection of the civil penalties by county treasurers, and allocation of the moneys collected from the civil penalties. The bill leaves the juvenile detention home fund intact, but without a source of statutorily required deposits.