Bill Text: IA HF2240 | 2021-2022 | 89th General Assembly | Introduced

Iowa House Bill 2240 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the suspension of a person's driver's license for failure to pay court debt.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-02-02 - Introduced, referred to Public Safety. H.J. 173. [HF2240 Detail]

Download: Iowa-2021-HF2240-Introduced.html

House File 2240 - Introduced 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 1 license for failure to pay court debt. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5551HH (4) 89 th/ns

H.F. 2240 Section 1. Section 321.12, subsection 3, paragraph a, Code 1 2022, 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 321.212, subsection 1, paragraph a, 8 subparagraph (1), Code 2022, is amended to read as follows: 9 (1) Except as provided in section 321.210A or 321.513 , 10 the department shall not suspend a license for a period of 11 more than one year, except that a license suspended because of 12 incompetency to drive a motor vehicle shall be suspended until 13 the department receives satisfactory evidence that the former 14 holder is competent to operate a motor vehicle and a refusal 15 to reinstate constitutes a denial of license within section 16 321.215 ; upon . Upon revoking a license the department shall 17 not grant an application for a new license until the expiration 18 of one year after the revocation, unless another period is 19 specified by law. 20 Sec. 3. Section 321.215, subsection 2, Code 2022, is amended 21 to read as follows: 22 2. Upon conviction and the suspension or revocation of a 23 person’s noncommercial driver’s license under section 321.209, 24 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; or 25 upon the denial of issuance of a noncommercial driver’s license 26 under section 321.560 , based solely on offenses enumerated 27 in section 321.555, subsection 1 , paragraph “c” , or section 28 321.555, subsection 2 ; or upon suspension or revocation of 29 a juvenile’s driver’s license pursuant to a dispositional 30 order under section 232.52, subsection 2 , paragraph “a” , for 31 a violation of chapter 124 or 453B , or section 126.3 ; or upon 32 suspension of a driver’s license pursuant to a court order 33 under section 714.7D , the person may apply to the department 34 for a temporary restricted license to operate a motor vehicle 35 -1- LSB 5551HH (4) 89 th/ns 1/ 5

H.F. 2240 for the limited purpose or purposes specified in subsection 1 . 1 The application may be granted only if all of the following 2 criteria are satisfied: 3 a. The temporary restricted license is requested only for a 4 case of hardship or circumstances where alternative means of 5 transportation do not exist. 6 b. The temporary restricted license is restricted to the 7 limited purpose or purposes specified in subsection 1 at times 8 specified in the license. 9 c. Proof of financial responsibility is established as 10 defined in chapter 321A . However, such proof is not required 11 if the driver’s license was suspended under section 321.210A 12 or 321.513 . 13 Sec. 4. Section 321.218, subsection 3, paragraph a, Code 14 2022, is amended to read as follows: 15 a. The department, upon receiving the record of the 16 conviction of a person under this section upon a charge of 17 operating a motor vehicle while the license of the person is 18 suspended or revoked, shall, except for licenses suspended 19 under section 252J.8 , section 321.210, subsection 1 , paragraph 20 “a” , subparagraph (3), or section 321.210A or 321.513 , extend 21 the period of suspension or revocation for an additional like 22 period or for one year, whichever period is shorter. 23 Sec. 5. Section 321A.17, subsection 4, Code 2022, is amended 24 to read as follows: 25 4. An individual applying for a driver’s license following a 26 period of suspension or revocation pursuant to a dispositional 27 order issued under section 232.52, subsection 2 , paragraph 28 “a” , or under section 321.180B , section 321.210, subsection 29 1 , paragraph “a” , subparagraph (4), or section 321.210A, 30 321.213A , 321.213B , 321.216B , or 321.513 , following a period 31 of suspension or revocation under section 321.178 or 321.194 , 32 or following a period of revocation pursuant to a court order 33 issued under section 321J.2A , is not required to maintain proof 34 of financial responsibility under this section . 35 -2- LSB 5551HH (4) 89 th/ns 2/ 5

H.F. 2240 Sec. 6. Section 321J.17, subsection 1, Code 2022, is amended 1 to read as follows: 2 1. If the department revokes a person’s driver’s license 3 or nonresident operating privilege under this chapter , the 4 department shall assess the person a civil penalty of two 5 hundred dollars. The money collected by the department under 6 this section shall be transmitted to the treasurer of state 7 who shall deposit one-half of the money in the separate fund 8 established in section 915.94 and one-half of the money in the 9 general fund of the state. A temporary restricted license 10 shall not be issued unless an ignition interlock device has 11 been installed pursuant to section 321J.4 . Except as provided 12 in section 321.210B , a A temporary restricted license shall 13 not be issued or a driver’s license or nonresident operating 14 privilege reinstated until the civil penalty has been paid. 15 A person assessed a penalty under this section may remit the 16 civil penalty along with a processing fee of five dollars to a 17 county treasurer authorized to issue driver’s licenses under 18 chapter 321M , or the civil penalty may be paid directly to the 19 department. 20 Sec. 7. Section 331.756, subsection 5, paragraph d, Code 21 2022, is amended to read as follows: 22 d. All fines, penalties, court costs, fees, and restitution 23 for court-appointed attorney fees ordered pursuant to section 24 815.9 , including the expenses of a public defender which are 25 delinquent as defined in section 602.8107 may be collected by 26 the county attorney or the county attorney’s designee. The 27 county attorney or the county attorney’s designee may collect 28 delinquent obligations under an installment agreement pursuant 29 to section 321.210B . 30 Sec. 8. Section 602.8102, subsection 50A, Code 2022, is 31 amended by striking the subsection. 32 Sec. 9. REPEAL. Sections 321.210A and 321.210B, Code 2022, 33 are repealed. 34 Sec. 10. SUSPENDED DRIVER’S LICENSES REINSTATED. On the 35 -3- LSB 5551HH (4) 89 th/ns 3/ 5

H.F. 2240 effective date of this Act, the department of transportation 1 shall reinstate all driver’s licenses that have been suspended 2 by the department pursuant to section 321.210A. On and after 3 the effective date of this Act, a person whose license has been 4 reinstated pursuant to this section may apply for a replacement 5 driver’s license pursuant to section 321.189. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, the department of transportation (DOT) 10 is required to suspend the driver’s license of a person who, 11 upon conviction of violating a law regulating the operation of 12 a motor vehicle, has failed to timely pay the criminal fine, 13 penalty, surcharge, or court costs. The clerk of the district 14 court must mail notice to a person who has failed to pay the 15 required court debts and provide 60 days for the person to make 16 the payment. If payment is not received, the clerk of the 17 district court must notify the DOT to initiate the suspension. 18 If after suspension, the person enters into an installment 19 agreement to pay the court debts, the person’s license must be 20 reinstated by the DOT. However, the person’s license may be 21 suspended again if the person is convicted of an additional 22 violation of a law regulating the operation of a motor vehicle, 23 or if the person defaults on the installment agreement. 24 This bill repeals Code sections 321.210A and 321.210B which 25 provide for the suspension of a driver’s license for failure to 26 pay a fine, penalty, surcharge, or court costs and the optional 27 installment agreement. Installment agreements for court debt 28 are still available to defendants under Code section 602.8107. 29 The bill requires the DOT to reinstate all driver’s licenses 30 that have been suspended by the DOT pursuant to Code section 31 321.210A, and a person whose license has been reinstated 32 pursuant to the bill may apply for a replacement driver’s 33 license pursuant to Code section 321.189. 34 The bill does not affect the DOT’s ability to act against a 35 -4- LSB 5551HH (4) 89 th/ns 4/ 5