HF 2240 (LSB 5551HH (4) 89)

HOUSE FILE 2240

BY  ANDERSON, B. MEYER, HUNTER, OLSON, and ABDUL-SAMAD

A BILL FOR

An Act relating to the suspension of a person’s driver’s license for failure to pay court debt.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.12, subsection 3, paragraph a, Code 2022, is amended to read as follows:
   a.  Records concerning suspensions authorized under section 321.210, subsection 1, paragraph “a”, subparagraph (7), and section 321.210A may be destroyed six months after the suspension is terminated and the requirements of section 321.191 have been satisfied.
    Sec. 2.  Section 321.212, subsection 1, paragraph a, subparagraph (1), Code 2022, is amended to read as follows:
   (1)  Except as provided in section 321.210A or 321.513, the department shall not suspend a license for a period of more than one year, except that a license suspended because of incompetency to drive a motor vehicle shall be suspended until the department receives satisfactory evidence that the former holder is competent to operate a motor vehicle and a refusal to reinstate constitutes a denial of license within section 321.215; upon. Upon revoking a license the department shall not grant an application for a new license until the expiration of one year after the revocation, unless another period is specified by law.
    Sec. 3.  Section 321.215, subsection 2, Code 2022, is amended to read as follows:
   2.  Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5 or 6, or section 321.210, 321.210A, or 321.513; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
   a.  The temporary restricted license is requested only for a case of hardship or circumstances where alternative means of transportation do not exist.
   b.  The temporary restricted license is restricted to the limited purpose or purposes specified in subsection 1 at times specified in the license.
   c.  Proof of financial responsibility is established as defined in chapter 321A. However, such proof is not required if the driver’s license was suspended under section 321.210A or 321.513.
    Sec. 4.  Section 321.218, subsection 3, paragraph a, Code 2022, is amended to read as follows:
   a.  The department, upon receiving the record of the conviction of a person under this section upon a charge of operating a motor vehicle while the license of the person is suspended or revoked, shall, except for licenses suspended under section 252J.8, section 321.210, subsection 1, paragraph “a”, subparagraph (3), or section 321.210A or 321.513, extend the period of suspension or revocation for an additional like period or for one year, whichever period is shorter.
    Sec. 5.  Section 321A.17, subsection 4, Code 2022, is amended to read as follows:
   4.  An individual applying for a driver’s license following a period of suspension or revocation pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph “a”, or under section 321.180B, section 321.210, subsection 1, paragraph “a”, subparagraph (4), or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension or revocation under section 321.178 or 321.194, or following a period of revocation pursuant to a court order issued under section 321J.2A, is not required to maintain proof of financial responsibility under this section.
    Sec. 6.  Section 321J.17, subsection 1, Code 2022, is amended to read as follows:
   1.  If the department revokes a person’s driver’s license or nonresident operating privilege under this chapter, the department shall assess the person a civil penalty of two hundred dollars. The money collected by the department under this section shall be transmitted 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. A temporary restricted license shall not be issued unless an ignition interlock device has been installed pursuant to section 321J.4. Except as provided in section 321.210B, a A temporary restricted license shall not be issued or a driver’s license or nonresident operating privilege reinstated until the civil penalty has been paid. A person assessed a penalty under this section may remit the civil penalty along with a processing fee of five dollars to a county treasurer authorized to issue driver’s licenses under chapter 321M, or the civil penalty may be paid directly to the department.
    Sec. 7.  Section 331.756, subsection 5, paragraph d, Code 2022, is amended to read as follows:
   d.  All fines, penalties, court costs, fees, and restitution for court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender which are delinquent as defined in section 602.8107 may be collected by the county attorney or the county attorney’s designee. The county attorney or the county attorney’s designee may collect delinquent obligations under an installment agreement pursuant to section 321.210B.
    Sec. 8.  Section 602.8102, subsection 50A, Code 2022, is amended by striking the subsection.
    Sec. 9.  REPEAL.  Sections 321.210A and 321.210B, Code 2022, are repealed.
    Sec. 10.  SUSPENDED DRIVER’S LICENSES REINSTATED.  On the effective date of this Act, the department of transportation shall reinstate all driver’s licenses that have been suspended by the department pursuant to section 321.210A. On and after the effective date of this Act, a person whose license has been reinstated pursuant to this section may apply for a replacement driver’s license pursuant to section 321.189.
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, the department of transportation (DOT) is required to suspend the driver’s license of a person who, upon conviction of violating a law regulating the operation of a motor vehicle, has failed to timely pay the criminal fine, penalty, surcharge, or court costs. The clerk of the district court must mail notice to a person who has failed to pay the required court debts and provide 60 days for the person to make the payment. If payment is not received, the clerk of the district court must notify the DOT to initiate the suspension. If after suspension, the person enters into an installment agreement to pay the court debts, the person’s license must be reinstated by the DOT. However, the person’s license may be suspended again if the person is convicted of an additional violation of a law regulating the operation of a motor vehicle, or if the person defaults on the installment agreement.
   This bill repeals Code sections 321.210A and 321.210B which provide for the suspension of a driver’s license for failure to pay a fine, penalty, surcharge, or court costs and the optional installment agreement. Installment agreements for court debt are still available to defendants under Code section 602.8107.
   The bill requires the DOT to reinstate all driver’s licenses that have been suspended by the DOT pursuant to Code section 321.210A, and a person whose license has been reinstated pursuant to the bill may apply for a replacement driver’s license pursuant to Code section 321.189.
   The bill does not affect the DOT’s ability to act against a person’s driver’s license for reasons other than nonpayment of court debt.