Read the full stored bill text
House
File
829
-
Introduced
HOUSE
FILE
829
BY
R.
JOHNSON
A
BILL
FOR
An
Act
relating
to
court
debt
resulting
from
a
violation
of
a
1
law
regulating
the
operation
of
a
motor
vehicle.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.12,
subsection
3,
paragraph
a,
Code
1
2025,
is
amended
to
read
as
follows:
2
a.
Records
concerning
suspensions
authorized
under
section
3
321.210,
subsection
1
,
paragraph
“a”
,
subparagraph
(7),
4
and
section
321.210A
may
be
destroyed
six
months
after
the
5
suspension
is
terminated
and
the
requirements
of
section
6
321.191
have
been
satisfied.
7
Sec.
2.
Section
321.210B,
subsections
1
and
11,
Code
2025,
8
are
amended
to
read
as
follows:
9
1.
a.
If
a
person’s
fine,
penalty,
surcharge,
or
court
10
cost
,
resulting
from
a
violation
under
this
chapter
or
chapter
11
321J
relating
to
the
operation
of
a
motor
vehicle,
is
deemed
12
delinquent
as
provided
in
section
602.8107,
subsection
2
,
and
13
the
person’s
driver’s
license
has
been
suspended
pursuant
14
to
section
321.210A
,
or
the
clerk
of
the
district
court
has
15
reported
the
delinquency
to
the
department
as
required
by
16
section
321.210A
,
the
person
may
execute
do
any
combination
of
17
the
following:
18
(1)
Execute
an
installment
agreement
as
defined
in
section
19
602.8107
with
the
county
attorney,
the
county
attorney’s
20
designee,
or
the
department
of
revenue,
to
pay
the
delinquent
21
amount
and
the
civil
penalty
assessed
in
subsection
7
in
22
installments
based
on
the
person’s
income
and
ability
to
pay
.
23
Prior
to
execution
of
the
installment
agreement,
the
person
24
shall
provide
the
county
attorney,
the
county
attorney’s
25
designee,
or
the
department
of
revenue
with
a
financial
26
statement
in
order
for
the
parties
to
the
agreement
to
27
determine
the
amount
of
the
installment
payments.
28
(2)
Perform
community
service
work
of
an
equivalent
value
29
to
the
delinquent
amount
and
the
civil
penalty
assessed
in
30
subsection
7.
The
rate
at
which
community
service
shall
31
be
calculated
shall
be
the
federal
or
state
minimum
wage,
32
whichever
is
higher.
33
b.
Cases
involving
court
debt
assigned
to
a
county
attorney,
34
a
county
attorney’s
designee,
or
the
department
of
revenue
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shall
remain
so
assigned.
1
11.
If
a
new
fine,
penalty,
surcharge,
or
court
cost
,
2
resulting
from
a
violation
under
this
chapter
or
chapter
321J
3
relating
to
the
operation
of
a
motor
vehicle,
is
imposed
on
a
4
person
after
the
person
has
executed
an
installment
agreement
5
with
the
county
attorney,
the
county
attorney’s
designee,
6
or
the
department
of
revenue,
and
the
new
fine,
penalty,
7
surcharge,
or
court
cost
is
deemed
delinquent
as
provided
in
8
section
602.8107,
subsection
2
,
and
the
person’s
driver’s
9
license
has
been
suspended
pursuant
to
section
321.210A
,
the
10
person
may
enter
into
a
second
installment
agreement
with
the
11
county
attorney,
county
attorney’s
designee,
or
the
department
12
of
revenue
to
pay
the
delinquent
amount
and
the
civil
penalty,
13
if
assessed,
in
subsection
7
in
installments.
14
Sec.
3.
Section
321.210B,
subsections
4,
5,
6,
9,
10,
and
15
12,
Code
2025,
are
amended
by
striking
the
subsections.
16
Sec.
4.
Section
321.210B,
subsection
8,
paragraph
b,
Code
17
2025,
is
amended
to
read
as
follows:
18
b.
(1)
If
the
person
is
in
default
and
the
person
19
provides
a
new
financial
statement
within
fifteen
days
of
20
the
determination
made
pursuant
to
paragraph
“a”
indicating
21
that
the
person’s
financial
condition
has
changed
to
such
an
22
extent
that
lower
installment
payments
would
have
been
required
23
prior
to
the
execution
of
the
initial
installment
agreement
24
under
subsection
1
,
the
county
attorney,
the
county
attorney’s
25
designee,
or
the
department
of
revenue
shall
not
notify
the
26
clerk
of
the
district
court,
and
the
person
shall
not
be
27
considered
in
default.
The
new
installment
payments
shall
be
28
based
upon
the
new
financial
statement
filed
in
compliance
with
29
this
subparagraph
paragraph
.
30
(2)
A
person
making
new
installment
payments
after
31
complying
with
the
provisions
of
subparagraph
(1)
shall
not
be
32
considered
executing
a
new
installment
agreement
for
purposes
33
of
calculating
the
number
of
installment
agreements
a
person
34
may
execute
in
a
person’s
lifetime
under
subsection
12
.
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Sec.
5.
Section
321.212,
subsection
1,
paragraph
a,
1
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
2
(1)
Except
as
provided
in
section
321.210A
or
321.513
,
3
the
department
shall
not
suspend
a
license
for
a
period
of
4
more
than
one
year,
except
that
a
license
suspended
because
of
5
incompetency
to
drive
a
motor
vehicle
shall
be
suspended
until
6
the
department
receives
satisfactory
evidence
that
the
former
7
holder
is
competent
to
operate
a
motor
vehicle
and
a
refusal
8
to
reinstate
constitutes
a
denial
of
license
within
section
9
321.215
;
upon
.
Upon
revoking
a
license
the
department
shall
10
not
grant
an
application
for
a
new
license
until
the
expiration
11
of
one
year
after
the
revocation,
unless
another
period
is
12
specified
by
law.
13
Sec.
6.
Section
321.215,
subsection
2,
Code
2025,
is
amended
14
to
read
as
follows:
15
2.
Upon
conviction
and
the
suspension
or
revocation
of
16
a
person’s
noncommercial
driver’s
license
under
section
17
321.209,
subsection
5,
6,
or
7,
or
section
321.210
,
321.210A
,
18
or
321.513
;
or
upon
the
denial
of
issuance
of
a
noncommercial
19
driver’s
license
under
section
321.560
,
based
solely
on
20
offenses
enumerated
in
section
321.555,
subsection
1
,
paragraph
21
“c”
,
or
section
321.555,
subsection
2
;
or
upon
suspension
22
or
revocation
of
a
juvenile’s
driver’s
license
pursuant
23
to
a
dispositional
order
under
section
232.52,
subsection
24
2
,
paragraph
“a”
,
for
a
violation
of
chapter
124
or
453B
,
25
or
section
126.3
;
or
upon
suspension
of
a
driver’s
license
26
pursuant
to
a
court
order
under
section
714.7D
,
the
person
may
27
apply
to
the
department
for
a
temporary
restricted
license
to
28
operate
a
motor
vehicle
for
the
limited
purpose
or
purposes
29
specified
in
subsection
1
.
The
application
may
be
granted
only
30
if
all
of
the
following
criteria
are
satisfied:
31
a.
The
temporary
restricted
license
is
requested
only
for
a
32
case
of
hardship
or
circumstances
where
alternative
means
of
33
transportation
do
not
exist.
34
b.
The
temporary
restricted
license
is
restricted
to
the
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limited
purpose
or
purposes
specified
in
subsection
1
at
times
1
specified
in
the
license.
2
c.
Proof
of
financial
responsibility
is
established
as
3
defined
in
chapter
321A
.
However,
such
proof
is
not
required
4
if
the
driver’s
license
was
suspended
under
section
321.210A
5
or
321.513
.
6
Sec.
7.
Section
321.218,
subsection
3,
paragraph
a,
Code
7
2025,
is
amended
to
read
as
follows:
8
a.
The
department,
upon
receiving
the
record
of
the
9
conviction
of
a
person
under
this
section
upon
a
charge
of
10
operating
a
motor
vehicle
while
the
license
of
the
person
is
11
suspended
or
revoked,
shall,
except
for
licenses
suspended
12
under
section
252J.8
,
section
321.210,
subsection
1
,
paragraph
13
“a”
,
subparagraph
(3),
or
section
321.210A
or
321.513
,
extend
14
the
period
of
suspension
or
revocation
for
an
additional
like
15
period
or
for
one
year,
whichever
period
is
shorter.
16
Sec.
8.
Section
321A.17,
subsection
4,
Code
2025,
is
amended
17
to
read
as
follows:
18
4.
An
individual
applying
for
a
driver’s
license
following
a
19
period
of
suspension
or
revocation
pursuant
to
a
dispositional
20
order
issued
under
section
232.52,
subsection
2
,
paragraph
21
“a”
,
or
under
section
321.180B
,
section
321.210,
subsection
22
1
,
paragraph
“a”
,
subparagraph
(4),
or
section
321.210A,
23
321.213A
,
321.213B
,
321.216B
,
or
321.513
,
following
a
period
24
of
suspension
or
revocation
under
section
321.178
or
321.194
,
25
or
following
a
period
of
revocation
pursuant
to
a
court
order
26
issued
under
section
321J.2A
,
is
not
required
to
maintain
proof
27
of
financial
responsibility
under
this
section
.
28
Sec.
9.
Section
321J.17,
subsection
1,
Code
2025,
is
amended
29
to
read
as
follows:
30
1.
If
the
department
revokes
a
person’s
driver’s
license
31
or
nonresident
operating
privilege
under
this
chapter
,
the
32
department
shall
assess
the
person
a
civil
penalty
of
two
33
hundred
dollars.
The
money
collected
by
the
department
under
34
this
section
shall
be
transmitted
to
the
treasurer
of
state
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who
shall
deposit
one-half
of
the
money
in
the
separate
fund
1
established
in
section
915.94
and
one-half
of
the
money
in
the
2
general
fund
of
the
state.
A
temporary
restricted
license
3
shall
not
be
issued
unless
an
ignition
interlock
device
has
4
been
installed
pursuant
to
section
321J.4
.
Except
as
provided
5
in
section
321.210B
,
a
A
temporary
restricted
license
shall
6
not
be
issued
or
a
driver’s
license
or
nonresident
operating
7
privilege
reinstated
until
the
civil
penalty
has
been
paid
or
8
until
the
person
enters
into
an
installment
agreement
under
9
section
321.210B
.
A
person
assessed
a
penalty
under
this
10
section
may
remit
the
civil
penalty
along
with
a
processing
11
fee
of
five
dollars
to
a
county
treasurer
authorized
to
issue
12
driver’s
licenses
under
chapter
321M
,
or
the
civil
penalty
may
13
be
paid
directly
to
the
department.
14
Sec.
10.
Section
331.756,
subsection
5,
paragraph
d,
Code
15
2025,
is
amended
to
read
as
follows:
16
d.
All
fines,
penalties,
court
costs,
fees,
and
restitution
17
for
court-appointed
attorney
fees
ordered
pursuant
to
section
18
815.9
,
including
the
expenses
of
a
public
defender
which
are
19
delinquent
as
defined
in
section
602.8107
may
be
collected
by
20
the
county
attorney
or
the
county
attorney’s
designee.
The
21
county
attorney
or
the
county
attorney’s
designee
may
collect
22
delinquent
obligations
under
an
installment
agreement
pursuant
23
to
section
321.210B
.
24
Sec.
11.
Section
602.8102,
subsection
50A,
Code
2025,
is
25
amended
by
striking
the
subsection.
26
Sec.
12.
REPEAL.
Section
321.210A,
Code
2025,
is
repealed.
27
Sec.
13.
SUSPENDED
DRIVER’S
LICENSES
REINSTATED.
On
the
28
effective
date
of
this
Act,
the
department
of
transportation
29
shall
reinstate
all
driver’s
licenses
that
have
been
suspended
30
by
the
department
pursuant
to
section
321.210A,
Code
2025.
31
On
and
after
the
effective
date
of
this
Act,
a
person
whose
32
license
has
been
reinstated
pursuant
to
this
section
may
apply
33
for
a
replacement
driver’s
license
pursuant
to
section
321.189.
34
Sec.
14.
ONE-TIME
CHARGE
OFF.
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1.
Notwithstanding
section
602.8107,
subsection
5,
1
paragraph
“b”
or
“c”,
or
any
other
provision
of
law
to
the
2
contrary,
the
clerk
of
the
district
court
shall,
on
the
3
effective
date
of
this
Act,
charge
off
the
remaining
balance
of
4
any
delinquent
criminal
fine
or
penalty,
surcharge,
or
court
5
costs
owed
by
a
person
resulting
from
a
violation
of
a
law
6
regulating
the
operation
of
a
motor
vehicle.
The
state
shall
7
not
seek
any
contempt
or
civil
action
related
to
the
delinquent
8
amount
charged
off.
Upon
charging
off
the
delinquent
amount,
9
the
criminal
fine
or
penalty,
surcharge,
and
court
costs
shall
10
be
considered
paid
in
full.
11
2.
This
section
applies
to
any
delinquent
criminal
fine
or
12
penalty,
surcharge,
or
court
costs
resulting
from
a
violation
13
of
a
law
regulating
the
operation
of
a
motor
vehicle
and
deemed
14
delinquent
on
or
before
the
effective
date
of
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
Under
current
law,
the
department
of
transportation
(DOT)
19
is
required
to
suspend
the
driver’s
license
of
a
person
who,
20
upon
conviction
of
violating
a
law
regulating
the
operation
of
21
a
motor
vehicle,
has
failed
to
timely
pay
the
criminal
fine,
22
penalty,
surcharge,
or
court
costs.
The
clerk
of
the
district
23
court
must
mail
notice
to
a
person
who
has
failed
to
pay
the
24
required
court
debts
and
provide
60
days
for
the
person
to
make
25
the
payment.
If
payment
is
not
received,
the
clerk
of
the
26
district
court
must
notify
the
DOT
to
initiate
the
suspension.
27
If
after
suspension,
the
person
enters
into
an
installment
28
agreement
to
pay
the
court
debts,
the
person’s
license
must
be
29
reinstated
by
the
DOT.
However,
the
person’s
license
may
be
30
suspended
again
if
the
person
is
convicted
of
an
additional
31
violation
of
a
law
regulating
the
operation
of
a
motor
vehicle,
32
or
if
the
person
defaults
on
the
installment
agreement.
33
This
bill
repeals
Code
section
321.210A
which
provides
for
34
the
suspension
of
a
driver’s
license
for
failure
to
pay
a
fine,
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penalty,
surcharge,
or
court
costs.
1
The
bill
narrows
Code
section
321.210B
(installment
2
agreements)
to
only
court
debt
resulting
from
a
violation
under
3
Code
chapter
321
or
321J
relating
to
the
operation
of
a
motor
4
vehicle
and
requires
an
installment
agreement
to
be
based
on
5
the
person’s
income
and
ability
to
pay.
In
addition,
the
bill
6
authorizes
a
person
to
perform
community
service
work
of
an
7
equivalent
value
to
the
delinquent
amount
in
lieu
of
paying
the
8
delinquent
amount.
9
The
bill
requires
the
DOT
to
reinstate
all
driver’s
licenses
10
that
have
been
suspended
by
the
DOT
pursuant
to
Code
section
11
321.210A,
and
a
person
whose
license
has
been
reinstated
12
pursuant
to
the
bill
may
apply
for
a
replacement
driver’s
13
license
pursuant
to
Code
section
321.189.
14
The
bill
requires
the
clerk
of
the
district
court
to
charge
15
off
the
remaining
balance
of
any
delinquent
criminal
fine
or
16
penalty,
surcharge,
or
court
costs
owed
by
a
person
resulting
17
from
a
violation
of
a
law
regulating
the
operation
of
a
motor
18
vehicle.
Upon
charging
off
the
delinquent
amount,
the
criminal
19
fine
or
penalty,
surcharge,
and
court
costs
will
be
considered
20
paid
in
full.
The
charge-off
provision
applies
only
to
such
21
a
criminal
fine
or
penalty,
surcharge,
or
court
costs
deemed
22
delinquent
on
or
before
the
effective
date
of
the
bill.
23
The
bill
does
not
affect
the
DOT’s
ability
to
act
against
a
24
person’s
driver’s
license
for
reasons
other
than
nonpayment
of
25
court
debt.
26
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91
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