Bill Text: IA HSB615 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to matters under the purview of, and the collection of certain court debt by, the department of transportation, and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - Transportation. [HSB615 Detail]
Download: Iowa-2015-HSB615-Introduced.html
House
Study
Bill
615
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of,
and
the
1
collection
of
certain
court
debt
by,
the
department
of
2
transportation,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5263DP
(3)
86
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S.F.
_____
H.F.
_____
DIVISION
I
1
RECURRING
PAYMENT
PLANS
2
Section
1.
Section
232.142,
subsection
6,
Code
2016,
is
3
amended
to
read
as
follows:
4
6.
A
juvenile
detention
home
fund
is
created
in
the
state
5
treasury
under
the
authority
of
the
department.
The
fund
shall
6
consist
of
moneys
deposited
in
the
fund
pursuant
to
sections
7
321.210B,
321.218A
,
and
321A.32A
.
The
moneys
in
the
fund
8
shall
be
used
for
the
costs
of
the
establishment,
improvement,
9
operation,
and
maintenance
of
county
or
multicounty
juvenile
10
detention
homes
in
accordance
with
annual
appropriations
made
11
by
the
general
assembly
from
the
fund
for
these
purposes.
12
Sec.
2.
Section
321.40,
subsection
9,
Code
2016,
is
amended
13
to
read
as
follows:
14
9.
a.
The
clerk
of
the
district
court
shall
notify
the
15
county
treasurer
of
any
delinquent
court
debt,
as
defined
in
16
section
602.8107
,
which
is
being
collected
by
the
private
17
collection
designee
pursuant
to
section
602.8107,
subsection
3
,
18
or
the
county
attorney
pursuant
to
section
602.8107,
subsection
19
4
,
or
the
department
of
transportation
pursuant
to
section
20
602.8107,
subsection
4A
.
The
county
treasurer
shall
refuse
21
to
renew
the
vehicle
registration
of
the
applicant
upon
such
22
notification
from
the
clerk
of
the
district
court
in
regard
to
23
such
applicant.
24
b.
If
the
applicant
enters
into
or
renews
an
installment
25
agreement
as
defined
in
section
602.8107
,
that
is
satisfactory
26
to
the
private
collection
designee,
the
county
attorney,
27
or
the
county
attorney’s
designee,
or
a
recurring
payment
28
plan
as
defined
in
section
321.210B,
subsection
15,
that
is
29
satisfactory
to
the
department
of
transportation,
the
private
30
collection
designee,
county
attorney,
or
a
county
attorney’s
31
designee
,
or
department
of
transportation
shall
provide
the
32
county
treasurer
with
written
or
electronic
notice
of
the
33
installment
agreement
or
recurring
payment
plan
within
five
34
days
of
entering
into
the
installment
agreement
or
recurring
35
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20
S.F.
_____
H.F.
_____
payment
plan
.
The
county
treasurer
shall
temporarily
lift
1
the
registration
hold
on
an
applicant
for
a
period
of
ten
2
days
if
the
treasurer
receives
such
notice
in
order
to
allow
3
the
applicant
to
register
a
vehicle
for
the
year.
If
the
4
applicant
remains
in
compliance
with
the
installment
agreement
5
entered
into
with
the
private
collection
designee
or
the
6
county
attorney
or
the
county
attorney’s
designee,
or
with
the
7
recurring
payment
plan
entered
into
with
the
department
of
8
transportation,
subsequent
lifts
of
registration
holds
shall
be
9
granted
without
additional
restrictions.
10
Sec.
3.
Section
321.210A,
subsection
1,
paragraph
b,
Code
11
2016,
is
amended
to
read
as
follows:
12
b.
Upon
the
failure
of
a
person
to
pay
the
fine,
penalty,
13
surcharge,
or
court
costs
within
sixty
days’
notice
by
the
14
clerk
of
the
district
court
as
provided
in
paragraph
“b”
“a”
,
15
the
clerk
shall
report
the
failure
to
the
department.
16
Sec.
4.
Section
321.210A,
subsection
2,
Code
2016,
is
17
amended
to
read
as
follows:
18
2.
If
after
suspension
,
the
person
enters
into
an
19
installment
agreement
with
the
county
attorney,
the
county
20
attorney’s
designee,
or
the
private
collection
designee
,
or
21
enters
into
a
recurring
payment
plan
with
the
department,
in
22
accordance
with
section
321.210B
to
pay
the
fine,
penalty,
23
court
cost,
or
surcharge,
the
person’s
license
shall
be
24
reinstated
by
the
department
upon
receipt
of
a
report
of
an
25
executed
installment
agreement
according
to
the
provisions
of
26
section
321.210B
.
27
Sec.
5.
Section
321.210B,
Code
2016,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
15.
a.
(1)
In
lieu
of
executing
an
30
installment
agreement
pursuant
to
subsection
1,
a
person
31
whose
driver’s
license
has
been
suspended
pursuant
to
section
32
321.210A,
or
who
has
unpaid
civil
penalties
imposed
under
33
section
321.218A,
321A.32A,
or
321J.17,
may
execute
a
recurring
34
payment
plan
with
the
department
for
the
payment
of
the
35
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20
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_____
H.F.
_____
person’s
delinquent
fines,
penalties,
court
costs,
surcharges,
1
or
civil
penalties,
as
provided
under
section
602.8107,
2
subsection
4A,
that
are
not
otherwise
subject
to
an
active
3
installment
agreement
executed
pursuant
to
subsection
1
that
is
4
not
in
default.
A
person
who
has
only
unpaid
civil
penalties
5
may
execute
a
recurring
payment
plan
with
the
department
for
6
payment
of
the
unpaid
civil
penalties.
7
(2)
For
purposes
of
this
subsection,
“recurring
payment
8
plan”
means
a
payment
plan
in
which
the
person
electronically
9
authorizes
automatic
monthly
payments
to
the
department,
10
in
an
amount
not
less
than
a
minimum
amount
determined
by
11
the
department,
that
are
made
by
credit
card,
debit
card,
12
or
any
other
form
of
payment
authorized
by
the
department.
13
The
department
shall
assess
to
the
person,
and
include
in
14
the
automatic
monthly
payment,
a
fee
to
cover
the
cost
of
15
collection.
16
b.
(1)
Upon
execution
of
a
recurring
payment
plan
and
17
receipt
of
the
first
monthly
payment
from
a
person,
which
18
shall
be
made
at
the
time
the
person
executes
the
recurring
19
payment
plan,
the
department
shall
terminate
all
suspensions
20
imposed
under
section
321.210A
and
show
as
satisfied
all
civil
21
penalties
within
the
scope
of
the
recurring
payment
plan
and
22
shall,
upon
payment
of
the
reinstatement
fee
as
provided
in
23
section
321.191,
immediately
reinstate
the
driver’s
license
24
of
the
person
unless
the
driver’s
license
of
the
person
is
25
otherwise
suspended,
revoked,
denied,
or
barred
under
another
26
provision
of
law.
27
(2)
If
a
driver’s
license
is
reinstated
upon
an
executed
28
recurring
payment
plan,
the
driver
shall
provide
proof
of
29
financial
responsibility
pursuant
to
section
321A.17,
if
30
otherwise
required
by
law.
31
c.
(1)
If
the
person
fails
to
make
two
or
more
consecutive
32
monthly
payments,
the
department
shall
terminate
the
recurring
33
payment
plan,
reinstate
all
suspensions
imposed
under
section
34
321.210A
the
basis
of
which
remain
unsatisfied
under
the
35
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H.F.
_____
recurring
payment
plan,
and
show
as
unsatisfied
all
civil
1
penalties
within
the
scope
of
the
recurring
payment
plan
2
that
remain
unsatisfied.
A
person
who
executes
a
recurring
3
payment
plan
waives
the
right
to
appeal
or
otherwise
contest
4
a
suspension
reinstated
under
this
paragraph
“c”
,
but
shall
5
have
the
right
to
an
accounting
of
the
department’s
application
6
of
the
funds
received
to
the
amount
due,
and
to
contest
7
the
accounting.
A
person
whose
recurring
payment
plan
has
8
been
terminated
may
reactivate
the
recurring
payment
plan
9
by
electronically
affirming
the
payment
plan
and
resuming
10
payments
under
the
plan.
Upon
reactivation
of
the
recurring
11
payment
plan
and
receipt
of
all
past-due
monthly
payments
under
12
the
recurring
payment
plan,
the
department
shall
terminate
13
all
suspensions
imposed
under
section
321.210A
and
show
as
14
satisfied
all
civil
penalties
within
the
scope
of
the
recurring
15
payment
plan
and
shall,
upon
payment
of
the
reinstatement
fee
16
as
provided
in
section
321.191,
immediately
reinstate
the
17
driver’s
license
of
the
person
unless
the
driver’s
license
of
18
the
person
is
otherwise
suspended,
revoked,
denied,
or
barred
19
under
another
provision
of
law.
20
(2)
Notwithstanding
section
321.212,
a
person
whose
21
driver’s
license
suspension
is
reinstated
under
this
paragraph
22
“c”
for
the
sole
reason
that
the
person
failed
to
make
the
23
required
monthly
payments
shall
not
be
required
to
surrender
24
the
person’s
driver’s
license
to
the
department,
and
may
retain
25
the
license
for
identification
purposes
and,
if
otherwise
26
valid,
use
the
license
for
driving
purposes
upon
reactivation
27
of
the
recurring
payment
plan
and
reinstatement
of
the
person’s
28
driver’s
license
under
this
paragraph
“c”
.
29
d.
Notwithstanding
section
321.16,
a
person
who
executed
a
30
recurring
payment
plan
with
the
department
shall
receive
all
31
correspondence
related
to
the
recurring
payment
plan,
including
32
any
notice
of
a
reinstated
suspension
of
the
person’s
driver’s
33
license
under
paragraph
“c”
,
by
electronic
mail
at
an
address
34
provided
by
the
person.
The
person
shall
notify
the
department
35
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H.F.
_____
of
any
change
in
the
person’s
electronic
mail
address.
1
e.
(1)
If
a
new
fine,
penalty,
surcharge,
or
court
cost
is
2
imposed
on
a
person
after
the
person
has
executed
a
recurring
3
payment
plan,
and
the
new
fine,
penalty,
surcharge,
or
court
4
cost
is
deemed
delinquent
as
provided
in
section
602.8107,
5
subsection
2,
and
the
person’s
driver’s
license
has
been
6
suspended
pursuant
to
section
321.210A,
the
person
may
add
the
7
fines,
penalties,
court
costs,
or
surcharges
not
otherwise
8
subject
to
an
active
installment
agreement
executed
pursuant
to
9
subsection
1
that
is
not
in
default
to
the
recurring
payment
10
plan.
11
(2)
If
a
new
civil
penalty
is
imposed
on
a
person
under
12
section
321.218A,
321A.32A,
or
321J.17
after
the
person
has
13
executed
a
recurring
payment
plan,
the
person
may
add
the
civil
14
penalty
to
the
recurring
payment
plan,
provided
the
civil
15
penalty
is
not
otherwise
subject
to
an
active
installment
16
agreement
executed
under
subsection
1
that
is
not
in
default.
17
(3)
If
new
fines,
penalties,
surcharges,
court
costs,
or
18
civil
penalties
are
added
to
a
recurring
payment
plan
under
19
this
paragraph
“e”
,
the
department
may
recalculate
the
minimum
20
monthly
payment
under
the
recurring
payment
plan.
21
f.
(1)
The
department
shall
retain,
from
the
first
moneys
22
collected,
an
amount
equal
to
the
amount
of
any
civil
penalty
23
assessed
pursuant
to
section
321.218A
or
321A.32A
included
in
24
the
recurring
payment
plan.
The
department
shall
transmit
25
the
money
retained
pursuant
to
this
subparagraph
(1)
to
the
26
treasurer
of
state
for
deposit
in
the
juvenile
detention
home
27
fund
created
in
section
232.142.
28
(2)
The
department
shall
retain,
from
the
first
moneys
29
collected,
an
amount
equal
to
the
amount
of
any
civil
penalty
30
assessed
pursuant
to
section
321J.17
included
in
the
recurring
31
payment
plan.
The
department
shall
transmit
the
money
retained
32
pursuant
to
this
subparagraph
(2)
to
the
treasurer
of
state
33
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
34
established
in
section
915.94
and
one-half
of
the
money
in
the
35
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general
fund
of
the
state.
1
(3)
The
department
shall
transmit
any
other
moneys
2
collected
to
the
state
court
administrator
for
distribution
3
under
section
602.8108.
4
g.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
5
implement
the
provisions
of
this
subsection.
6
Sec.
6.
Section
602.8107,
subsection
1,
Code
2016,
is
7
amended
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
d.
“Recurring
payment
plan”
means
as
defined
9
in
section
321.210B,
subsection
15.
10
Sec.
7.
Section
602.8107,
subsection
3,
paragraph
b,
Code
11
2016,
is
amended
to
read
as
follows:
12
b.
In
addition,
court
debt
which
is
being
collected
under
an
13
installment
agreement
or
a
recurring
payment
plan
pursuant
to
14
section
321.210B
which
is
in
default
that
remains
delinquent
15
shall
remain
assigned
to
the
private
collection
designee
if
the
16
installment
agreement
was
executed
with
the
private
collection
17
designee
;
,
or
to
the
county
attorney
or
county
attorney’s
18
designee
if
the
installment
agreement
was
executed
with
the
19
county
attorney
or
county
attorney’s
designee
,
or
to
the
20
department
of
transportation
if
the
recurring
payment
plan
was
21
executed
with
the
department
.
22
Sec.
8.
Section
602.8107,
subsection
3,
Code
2016,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
d.
If
the
court
debt
in
a
case
is
not
25
part
of
an
installment
agreement
with
the
private
collection
26
designee
under
contract
with
the
judicial
branch
pursuant
to
27
subsection
5,
or
the
county
attorney
pursuant
to
subsection
28
4,
the
court
debt
shall
be
assigned
to
the
department
of
29
transportation
as
provided
in
subsection
4A
sixty
days
after
30
the
court
debt
has
been
deemed
delinquent
if
failure
to
pay
31
the
court
debt
has
resulted
in
the
suspension
of
the
person’s
32
driver’s
license
pursuant
to
section
321.210A.
33
Sec.
9.
Section
602.8107,
Code
2016,
is
amended
by
adding
34
the
following
new
subsection:
35
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20
S.F.
_____
H.F.
_____
NEW
SUBSECTION
.
4A.
Collection
by
department
of
1
transportation.
The
state
department
of
transportation
may
2
collect
court
debt
pursuant
to
a
recurring
payment
plan
3
in
accordance
with
section
321.210B,
subsection
15,
sixty
4
days
after
the
court
debt
is
deemed
delinquent
pursuant
to
5
subsection
2.
6
a.
This
subsection
does
not
apply
to
amounts
collected
for
7
victim
restitution,
the
victim
compensation
fund,
the
criminal
8
penalty
surcharge,
sex
offender
civil
penalty,
drug
abuse
9
resistance
education
surcharge,
the
law
enforcement
initiative
10
surcharge,
county
enforcement
surcharge,
amounts
collected
as
11
a
result
of
procedures
initiated
under
subsection
5
or
under
12
section
8A.504,
or
fees
charged
pursuant
to
section
356.7.
13
b.
Amounts
collected
by
the
department
shall
be
distributed
14
in
accordance
with
section
321.210B,
subsection
15.
15
Sec.
10.
Section
602.8107,
subsection
5,
paragraph
a,
Code
16
2016,
is
amended
to
read
as
follows:
17
a.
The
judicial
branch
shall
contract
with
a
private
18
collection
designee
for
the
collection
of
court
debt
after
19
the
court
debt
in
a
case
is
deemed
delinquent
pursuant
to
20
subsection
2
if
the
county
attorney
is
not
collecting
the
court
21
debt
in
a
case
pursuant
to
subsection
4
and
the
department
22
of
transportation
is
not
collecting
the
court
debt
in
a
case
23
pursuant
to
subsection
4A
.
The
judicial
branch
shall
solicit
24
requests
for
proposals
prior
to
entering
into
any
contract
25
pursuant
to
this
subsection
.
26
DIVISION
II
27
AUTOCYCLES
28
Sec.
11.
Section
321.1,
subsection
40,
Code
2016,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
d.
“Autocycle”
means
a
motorcycle
with
two
31
front
wheels
and
one
rear
wheel,
a
steering
wheel,
one
or
more
32
permanent
seats
that
do
not
require
the
operator
or
a
passenger
33
to
straddle
or
sit
astride
a
seat,
and
foot
pedals
that
control
34
the
brakes,
acceleration,
and
clutch,
where
applicable.
35
-7-
LSB
5263DP
(3)
86
ns/nh
7/
20
S.F.
_____
H.F.
_____
Sec.
12.
Section
321.180,
subsection
1,
paragraph
b,
1
subparagraph
(2),
Code
2016,
is
amended
to
read
as
follows:
2
(2)
However,
if
the
permittee
is
operating
a
motorcycle
3
that
is
not
an
autocycle
with
two
or
more
seats
in
accordance
4
with
this
section
or
section
321.180B
,
the
accompanying
person
5
must
be
within
audible
and
visual
communications
distance
from
6
the
permittee
and
be
accompanying
the
permittee
on
or
in
a
7
different
motor
vehicle.
Only
one
permittee
shall
be
under
the
8
immediate
supervision
of
an
accompanying
qualified
person.
9
Sec.
13.
Section
321.180B,
subsection
1,
paragraph
c,
10
subparagraph
(2),
Code
2016,
is
amended
to
read
as
follows:
11
(2)
If
the
permittee
is
operating
a
motorcycle
that
is
12
not
an
autocycle
with
two
or
more
seats
in
accordance
with
13
this
section
,
the
accompanying
person
must
be
within
audible
14
and
visual
communications
distance
from
the
permittee
and
be
15
accompanying
the
permittee
on
or
in
a
different
motor
vehicle.
16
Only
one
permittee
shall
be
under
the
immediate
supervision
of
17
an
accompanying
qualified
person.
18
Sec.
14.
Section
321.189,
subsection
1,
paragraph
a,
19
subparagraphs
(3)
and
(5),
Code
2016,
are
amended
to
read
as
20
follows:
21
(3)
Class
C
——
Valid
for
the
operation
of
a
vehicle,
other
22
than
a
motorcycle
that
is
not
an
autocycle
,
or
a
combination
of
23
vehicles
with
a
gross
combination
weight
rating
of
twenty-six
24
thousand
one
or
more
pounds
provided
the
towing
vehicle
has
a
25
gross
vehicle
weight
rating
of
less
than
twenty-six
thousand
26
one
pounds
and
each
towed
vehicle
has
a
gross
vehicle
weight
27
rating
of
less
than
ten
thousand
one
pounds,
or
a
combination
28
of
vehicles
with
a
gross
vehicle
weight
rating
or
gross
29
combination
weight
rating
of
less
than
twenty-six
thousand
30
one
pounds
,
and
also
valid
for
the
operation
of
any
vehicle,
31
other
than
a
motorcycle
that
is
not
an
autocycle
,
for
which
32
the
operator
is
exempt
from
commercial
driver’s
license
33
requirements
under
section
321.176A
,
and
also
valid
for
the
34
operation
of
an
autocycle
.
35
-8-
LSB
5263DP
(3)
86
ns/nh
8/
20
S.F.
_____
H.F.
_____
(5)
Class
M
——
Valid
for
the
operation
of
a
motorcycle
that
1
is
not
an
autocycle
.
2
Sec.
15.
Section
321.191,
subsection
5,
Code
2016,
is
3
amended
to
read
as
follows:
4
5.
Licenses
valid
for
motorcycles.
An
additional
fee
of
two
5
dollars
per
year
of
license
validity
is
required
to
issue
a
6
license
valid
to
operate
a
motorcycle
that
is
not
an
autocycle
.
7
Sec.
16.
Section
321.275,
subsection
2,
paragraph
b,
Code
8
2016,
is
amended
to
read
as
follows:
9
b.
Motorcycles.
A
person
shall
not
operate
or
ride
10
a
motorcycle
on
the
highways
with
another
person
on
the
11
motorcycle
unless
the
motorcycle
is
designed
to
carry
more
than
12
one
person.
The
If
the
motorcycle
is
not
an
autocycle,
the
13
additional
passenger
may
ride
upon
the
motorcycle’s
permanent
14
and
regular
seat
if
the
seat
is
designed
for
two
persons,
or
15
upon
another
seat
firmly
attached
to
the
motorcycle
at
the
16
rear
of
the
operator.
If
the
motorcycle
is
an
autocycle,
the
17
passenger
may
ride
in
a
permanent
and
regular
seat
within
18
the
autocycle
designed
for
a
passenger.
The
A
motorcycle
19
that
is
not
an
autocycle
shall
be
equipped
with
footrests
for
20
the
passenger
unless
the
passenger
is
riding
in
a
sidecar
or
21
enclosed
cab.
The
motorcycle
operator
shall
not
carry
any
22
person
nor
shall
any
other
person
ride
in
a
position
that
will
23
interfere
with
the
operation
or
control
of
the
motorcycle
or
24
the
view
of
the
operator.
25
Sec.
17.
Section
321.275,
subsections
3,
5,
and
6,
Code
26
2016,
are
amended
to
read
as
follows:
27
3.
Sitting
position.
A
person
operating
a
motorcycle
or
28
motorized
bicycle
shall
ride
only
upon
the
vehicle’s
permanent
29
and
regular
attached
seat.
Every
person
riding
upon
the
30
vehicle
a
motorcycle
that
is
not
an
autocycle
shall
be
sitting
31
astride
the
seat,
facing
forward
with
one
leg
on
either
side
32
of
the
vehicle.
33
5.
Headlights
on.
A
person
shall
not
operate
a
1977
34
or
later
model
year
motorcycle
that
is
not
an
autocycle
or
35
-9-
LSB
5263DP
(3)
86
ns/nh
9/
20
S.F.
_____
H.F.
_____
any
model
year
motorized
bicycle
upon
the
highways
without
1
displaying
at
least
one
lighted
headlamp
of
the
type
described
2
in
section
321.409
.
A
person
shall
not
operate
any
model
year
3
autocycle
upon
the
highways
without
displaying
at
least
two
4
lighted
headlamps
of
the
type
described
in
section
321.409.
5
However,
this
subsection
is
subject
to
the
exceptions
with
6
respect
to
parked
vehicles
as
provided
in
this
chapter
.
7
6.
Packages.
The
operator
of
a
motorcycle
or
motorized
8
bicycle
or
motorcycle
that
is
not
an
autocycle
shall
not
carry
9
any
package,
bundle,
or
other
article
which
prevents
the
10
operator
from
keeping
both
hands
on
the
handlebars.
11
Sec.
18.
Section
321.385,
Code
2016,
is
amended
to
read
as
12
follows:
13
321.385
Headlamps
on
motor
vehicles.
14
Every
motor
vehicle
other
than
a
motorcycle
or
motorized
15
bicycle
or
motorcycle
that
is
not
an
autocycle
shall
be
16
equipped
with
at
least
two
headlamps
with
at
least
one
on
each
17
side
of
the
front
of
the
motor
vehicle,
which
headlamps
shall
18
comply
with
the
requirements
and
limitations
set
forth
in
this
19
chapter
.
20
Sec.
19.
Section
321.386,
Code
2016,
is
amended
to
read
as
21
follows:
22
321.386
Headlamps
on
motorcycles
and
motorized
bicycles.
23
Every
motorcycle
and
motorized
bicycle
and
motorcycle
24
that
is
not
an
autocycle
shall
be
equipped
with
at
least
one
25
and
not
more
than
two
headlamps
which
shall
comply
with
the
26
requirements
and
limitations
of
this
chapter
.
27
Sec.
20.
Section
321.409,
subsection
1,
unnumbered
28
paragraph
1,
Code
2016,
is
amended
to
read
as
follows:
29
Except
as
hereinafter
provided,
the
headlamps
or
the
30
auxiliary
driving
lamp
or
the
auxiliary
passing
lamp
or
31
combination
thereof
on
motor
vehicles
other
than
motorcycles
32
or
motorized
bicycles
or
motorcycles
that
are
not
autocycles
33
shall
be
so
arranged
that
the
driver
may
select
at
will
between
34
distributions
of
light
projected
to
different
elevations
and
35
-10-
LSB
5263DP
(3)
86
ns/nh
10/
20
S.F.
_____
H.F.
_____
the
lamps
may,
in
addition,
be
so
arranged
that
selection
can
1
be
made
automatically,
subject
to
the
following
limitations:
2
Sec.
21.
Section
321.409,
subsection
2,
Code
2016,
is
3
amended
to
read
as
follows:
4
2.
Every
new
motor
vehicle,
other
than
a
motorcycle
or
5
motorized
bicycle
or
motorcycle
that
is
not
an
autocycle,
which
6
has
multiple-beam
road-lighting
equipment
shall
be
equipped
7
with
a
beam
indicator,
which
shall
be
lighted
whenever
the
8
uppermost
distribution
of
light
from
the
headlamps
is
in
use,
9
and
shall
not
otherwise
be
lighted.
The
indicator
shall
be
10
so
designed
and
located
that
when
lighted
it
will
be
readily
11
visible
without
glare
to
the
driver
of
the
vehicle.
12
Sec.
22.
Section
321.415,
subsection
2,
Code
2016,
is
13
amended
to
read
as
follows:
14
2.
The
provisions
of
subsection
1
,
paragraphs
“a”
and
15
“b”
,
do
not
apply
to
motorcycles
or
motorized
bicycles
or
16
motorcycles
that
are
not
autocycles
being
operated
between
17
sunrise
and
sunset.
18
Sec.
23.
Section
321.430,
subsections
1
and
2,
Code
2016,
19
are
amended
to
read
as
follows:
20
1.
Every
motor
vehicle,
other
than
a
motorcycle,
or
21
motorized
bicycle
or
motorcycle
that
is
not
an
autocycle
,
when
22
operated
upon
a
highway
shall
be
equipped
with
brakes
adequate
23
to
control
the
movement
of
and
to
stop
and
hold
such
vehicle,
24
including
two
separate
means
of
applying
the
brakes,
each
of
25
which
means
shall
be
effective
to
apply
the
brakes
to
at
least
26
two
wheels.
If
these
two
separate
means
of
applying
the
brakes
27
are
connected
in
any
way,
they
shall
be
so
constructed
that
28
failure
of
any
one
part
of
the
operating
mechanism
shall
not
29
leave
the
motor
vehicle
without
brakes
on
at
least
two
wheels.
30
2.
Every
motorcycle
and
motorized
bicycle
and
motorcycle
31
that
is
not
an
autocycle
,
when
operated
upon
a
highway,
shall
32
be
equipped
with
at
least
one
brake,
which
may
be
operated
by
33
hand
or
foot.
34
Sec.
24.
Section
321.430,
subsection
4,
paragraph
a,
Code
35
-11-
LSB
5263DP
(3)
86
ns/nh
11/
20
S.F.
_____
H.F.
_____
2016,
is
amended
to
read
as
follows:
1
a.
Any
motorcycle
or
motorized
bicycle
or
motorcycle
that
is
2
not
an
autocycle
.
3
Sec.
25.
Section
321.445,
subsection
1,
Code
2016,
is
4
amended
to
read
as
follows:
5
1.
Except
for
motorcycles
or
motorized
bicycles
or
6
motorcycles
that
are
not
autocycles
,
1966
model
year
or
7
newer
motor
vehicles
subject
to
registration
in
Iowa
shall
be
8
equipped
with
safety
belts
and
safety
harnesses
which
conform
9
with
federal
motor
vehicle
safety
standard
numbers
209
and
210
10
as
published
in
49
C.F.R.
§571.209
–
571.210
and
with
prior
11
federal
motor
vehicle
safety
standards
for
seat
belt
assemblies
12
and
seat
belt
assembly
anchorages
applicable
for
the
motor
13
vehicle’s
model
year.
14
Sec.
26.
Section
321.445,
subsection
2,
paragraph
a,
Code
15
2016,
is
amended
to
read
as
follows:
16
a.
The
driver
and
front
seat
occupants
of
a
type
of
motor
17
vehicle
that
is
subject
to
registration
in
Iowa,
except
a
18
motorcycle
or
a
motorized
bicycle
or
motorcycle
that
is
not
an
19
autocycle
,
shall
each
wear
a
properly
adjusted
and
fastened
20
safety
belt
or
safety
harness
any
time
the
vehicle
is
in
21
forward
motion
on
a
street
or
highway
in
this
state
except
22
that
a
child
under
eighteen
years
of
age
shall
be
secured
as
23
required
under
section
321.446
.
24
Sec.
27.
Section
321.446,
subsections
1
and
2,
Code
2016,
25
are
amended
to
read
as
follows:
26
1.
a.
A
child
under
one
year
of
age
and
weighing
less
27
than
twenty
pounds
who
is
being
transported
in
a
motor
vehicle
28
subject
to
registration,
except
a
school
bus
or
motorcycle
29
that
is
not
an
autocycle
,
shall
be
secured
during
transit
in
a
30
rear-facing
child
restraint
system
that
is
used
in
accordance
31
with
the
manufacturer’s
instructions.
32
b.
A
child
under
six
years
of
age
who
does
not
meet
the
33
description
in
paragraph
“a”
and
who
is
being
transported
in
a
34
motor
vehicle
subject
to
registration,
except
a
school
bus
or
a
35
-12-
LSB
5263DP
(3)
86
ns/nh
12/
20
S.F.
_____
H.F.
_____
motorcycle
that
is
not
an
autocycle
,
shall
be
secured
during
1
transit
by
a
child
restraint
system
that
is
used
in
accordance
2
with
the
manufacturer’s
instructions.
3
2.
A
child
at
least
six
years
of
age
but
under
eighteen
4
years
of
age
who
is
being
transported
in
a
motor
vehicle
5
subject
to
registration,
except
a
school
bus
or
a
motorcycle
6
that
is
not
an
autocycle
,
shall
be
secured
during
transit
by
7
a
child
restraint
system
that
is
used
in
accordance
with
the
8
manufacturer’s
instructions
or
by
a
safety
belt
or
safety
9
harness
of
a
type
approved
under
section
321.445
.
10
Sec.
28.
Section
322D.1,
subsection
7,
Code
2016,
is
amended
11
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
12
following:
13
7.
“Motorcycle”
means
a
motorcycle,
including
an
autocycle,
14
as
those
terms
are
defined
in
section
321.1.
“Motorcycle”
does
15
not
include
an
all-terrain
vehicle.
16
DIVISION
III
17
REPAIRED
SALVAGE
MOTOR
VEHICLES
18
Sec.
29.
Section
321.24,
subsection
5,
Code
2016,
is
amended
19
to
read
as
follows:
20
5.
If
the
prior
certificate
of
title
is
from
another
state
21
and
indicates
that
the
vehicle
was
junked,
an
Iowa
junking
22
certificate
shall
be
issued
according
to
section
321.52,
23
subsections
2
and
3
.
If
the
prior
certificate
of
title
24
from
another
state
indicates
that
the
vehicle
is
salvaged
25
and
not
rebuilt
or
is
a
salvage
certificate
of
title,
an
26
Iowa
salvage
certificate
of
title
shall
be
issued
and
a
27
“SALVAGE”
designation
shall
be
retained
on
all
subsequent
28
Iowa
certificates
of
title
and
registration
receipts
for
29
the
vehicle,
except
unless
the
owner
has
surrendered
the
30
prior
certificate
of
title
and
a
salvage
theft
examination
31
certificate,
as
provided
under
section
321.52,
subsection
4
,
32
paragraph
“b”
,
and
the
salvage
theft
examination
certificate
33
was
properly
executed
within
thirty
days
of
the
date
the
owner
34
was
assigned
the
prior
certificate
of
title
.
The
department
35
-13-
LSB
5263DP
(3)
86
ns/nh
13/
20
S.F.
_____
H.F.
_____
may
require
that
subsequent
Iowa
certificates
of
title
retain
1
other
states’
designations
which
indicate
that
a
vehicle
had
2
incurred
prior
damage.
The
department
shall
determine
the
3
manner
in
which
other
states’
rebuilt,
salvage,
or
other
4
designations
are
to
be
indicated
on
Iowa
titles.
5
Sec.
30.
Section
321.52,
subsection
4,
paragraph
c,
Code
6
2016,
is
amended
to
read
as
follows:
7
c.
A
salvage
theft
examination
shall
be
made
by
a
peace
8
officer
who
has
been
specially
certified
and
recertified
when
9
required
by
the
Iowa
law
enforcement
academy
to
do
salvage
10
theft
examinations.
The
Iowa
law
enforcement
academy
shall
11
determine
standards
for
training
and
certification,
conduct
12
training,
and
may
approve
alternative
training
programs
13
which
satisfy
the
academy’s
standards
for
training
and
14
certification.
The
owner
of
the
salvage
vehicle
shall
make
15
the
vehicle
available
for
examination
at
a
time
and
location
16
designated
by
the
peace
officer
doing
the
examination.
The
17
owner
may
obtain
a
permit
to
drive
the
vehicle
to
and
from
the
18
examination
location
by
submitting
a
repair
affidavit
to
the
19
agency
performing
the
examination
stating
that
the
vehicle
is
20
reasonably
safe
for
operation
and
listing
the
repairs
which
21
have
been
made
to
the
vehicle.
The
owner
must
be
present
22
for
the
examination
and
have
available
for
inspection
the
23
salvage
title,
bills
of
sale
for
all
essential
parts
changed,
24
if
applicable,
and
the
repair
affidavit.
The
examination
25
shall
be
for
the
purposes
of
determining
whether
the
vehicle
26
or
repair
components
have
been
stolen.
The
examination
is
not
27
a
safety
inspection
and
a
signed
salvage
theft
examination
28
certificate
shall
not
be
construed
by
any
court
of
law
to
be
a
29
certification
that
the
vehicle
is
safe
to
be
operated.
There
30
shall
be
no
cause
of
action
against
the
peace
officer
or
the
31
agency
conducting
the
examination
or
the
county
treasurer
32
for
failure
to
discover
or
note
safety
defects.
If
the
33
vehicle
passes
the
theft
examination,
the
peace
officer
shall
34
indicate
that
the
vehicle
passed
examination
on
the
salvage
35
-14-
LSB
5263DP
(3)
86
ns/nh
14/
20
S.F.
_____
H.F.
_____
theft
examination
certificate.
The
permit
and
salvage
theft
1
examination
certificate
shall
be
on
controlled
forms
prescribed
2
and
furnished
by
the
department.
The
owner
shall
pay
a
fee
of
3
thirty
dollars
upon
completion
of
at
the
time
the
examination
4
is
scheduled
.
The
agency
performing
the
examinations
shall
5
retain
twenty
dollars
of
the
fee
and
shall
pay
five
dollars
6
of
the
fee
to
the
department
and
five
dollars
of
the
fee
to
7
the
treasurer
of
state
for
deposit
in
the
general
fund
of
8
the
state.
Moneys
deposited
to
the
general
fund
under
this
9
paragraph
are
subject
to
the
requirements
of
section
8.60
and
10
shall
be
used
by
the
Iowa
law
enforcement
academy
to
provide
11
for
the
special
training,
certification,
and
recertification
of
12
officers
as
required
by
this
subsection
.
13
DIVISION
IV
14
SPECIAL
MINOR’S
DRIVER’S
LICENSES
15
Sec.
31.
Section
321.194,
subsection
1,
paragraph
a,
16
subparagraph
(2),
Code
2016,
is
amended
to
read
as
follows:
17
(2)
During
the
hours
of
5:00
a.m.
to
10:00
p.m.
over
18
the
most
direct
and
accessible
route
between
the
licensee’s
19
residence
or
school
of
enrollment
and
a
school
that
is
not
20
the
student’s
licensee’s
school
of
enrollment
,
but
is
within
21
or
contiguous
to
the
licensee’s
district
of
residence,
for
22
the
purpose
of
participating
in
extracurricular
activities
23
conducted
under
a
sharing
agreement
with
the
student’s
school
24
of
enrollment.
25
DIVISION
V
26
OVERSIZE
AND
OVERWEIGHT
MOTOR
VEHICLES
27
Sec.
32.
Section
321E.7,
subsection
1,
Code
2016,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
e.
Vehicles
operating
under
a
permit
issued
30
pursuant
to
section
321E.8,
321E.9,
or
321E.9A
may
have
a
gross
31
weight
not
to
exceed
forty-six
thousand
pounds
on
a
single
32
tandem
axle
of
the
truck
tractor
and
a
gross
weight
not
to
33
exceed
forty-six
thousand
pounds
on
a
single
tandem
axle
of
the
34
trailer
or
semitrailer
if
each
axle
of
each
tandem
group
has
at
35
-15-
LSB
5263DP
(3)
86
ns/nh
15/
20
S.F.
_____
H.F.
_____
least
four
tires.
1
DIVISION
VI
2
AIRCRAFT
3
Sec.
33.
Section
328.24,
subsection
1,
Code
2016,
is
amended
4
to
read
as
follows:
5
1.
If,
during
the
year
for
which
an
aircraft,
except
6
nonresident
aircraft
used
for
the
application
of
herbicides
7
and
pesticides,
was
registered
and
the
required
fee
paid,
the
8
aircraft
is
destroyed
by
fire
or
accident
or
junked,
and
its
9
identity
as
an
aircraft
entirely
eliminated,
or
the
aircraft
10
is
removed
and
continuously
used
beyond
the
boundaries
of
the
11
state,
then
the
owner
in
whose
name
it
was
registered
at
the
12
time
of
destruction,
dismantling,
or
removal
from
the
state
13
shall
return
the
certificate
of
registration
to
the
department
14
within
thirty
days
and
make
affidavit
of
the
destruction,
15
dismantling,
or
removal
and
make
claim
for
the
refund.
The
16
refund
shall
be
paid
from
the
general
fund
of
the
state.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
DIVISION
I
——
RECURRING
PAYMENT
PLANS.
Current
law
allows
a
21
person
with
court
debt
to
enter
into
an
installment
agreement
22
with
a
county
attorney
or
private
collection
designee
for
23
payment
of
the
court
debt.
This
bill
allows
a
person
to
24
enter
into
a
recurring
payment
plan
with
the
department
of
25
transportation
(DOT)
for
payment
of
the
court
debt
if
the
26
person’s
driver’s
license
has
been
suspended
pursuant
to
Code
27
section
321.210A
or
the
person
has
unpaid
civil
penalties
28
imposed
under
Code
section
321.218A,
321A.32A,
or
321J.17,
and
29
if
the
unpaid
court
debt
is
not
otherwise
subject
to
an
active
30
installment
agreement.
A
person
who
has
only
unpaid
civil
31
penalties
may
execute
a
recurring
payment
plan
with
the
DOT
for
32
payment
of
the
unpaid
civil
penalties.
The
bill
allows
the
DOT
33
to
assess
to
the
person,
and
include
in
the
automatic
monthly
34
payment,
a
fee
to
cover
the
cost
of
collection.
35
-16-
LSB
5263DP
(3)
86
ns/nh
16/
20
S.F.
_____
H.F.
_____
The
DOT
may
begin
to
collect
court
debt
60
days
after
the
1
court
debt
is
deemed
delinquent
if
the
court
debt
is
not
2
part
of
an
installment
agreement
with
a
private
collection
3
designee
or
county
attorney.
Like
county
attorneys,
the
DOT
4
is
prohibited
from
collecting
amounts
collected
for
victim
5
restitution,
the
victim
compensation
fund,
the
criminal
penalty
6
surcharge,
sex
offender
civil
penalty,
drug
abuse
resistance
7
education
surcharge,
the
law
enforcement
initiative
surcharge,
8
county
enforcement
surcharge,
amounts
collected
as
a
result
of
9
setoff
procedures,
or
fees
charged
pursuant
to
Code
section
10
356.7.
11
Upon
execution
of
a
recurring
payment
plan
and
receipt
12
of
the
first
monthly
payment,
the
bill
requires
the
DOT
to
13
terminate
all
license
suspensions
and
show
as
satisfied
all
14
civil
penalties
within
the
scope
of
the
recurring
payment
plan,
15
and
to
reinstate
the
driver’s
license
of
the
person
unless
the
16
driver’s
license
of
the
person
is
otherwise
suspended,
revoked,
17
denied,
or
barred
under
another
provision
of
law.
18
If
the
person
fails
to
make
two
or
more
consecutive
monthly
19
payments,
the
bill
requires
the
DOT
to
terminate
the
recurring
20
payment
plan,
reinstate
all
license
suspensions
the
basis
of
21
which
remain
unsatisfied
under
the
recurring
payment
plan,
22
and
show
as
unsatisfied
all
civil
penalties
within
the
scope
23
of
the
recurring
payment
plan
that
remain
unsatisfied.
A
24
person
who
executes
a
recurring
payment
plan
waives
the
right
25
to
appeal
or
otherwise
contest
a
suspension
reinstated
in
26
this
way,
but
has
the
right
to
an
accounting
of
the
DOT’s
27
application
of
the
funds
received
to
the
amount
due,
and
to
28
contest
the
accounting.
A
person
whose
recurring
payment
plan
29
has
been
terminated
may
reactivate
the
recurring
payment
plan
30
by
electronically
affirming
the
payment
plan
and
resuming
31
payments
under
the
plan.
A
person
whose
driver’s
license
32
suspension
is
reinstated
for
the
sole
reason
that
the
person
33
failed
to
make
the
required
monthly
payments
shall
not
be
34
required
to
surrender
the
person’s
driver’s
license
to
the
35
-17-
LSB
5263DP
(3)
86
ns/nh
17/
20
S.F.
_____
H.F.
_____
DOT,
and
may
retain
the
license
for
identification
purposes
1
and,
if
otherwise
valid,
use
the
license
for
driving
purposes
2
upon
reactivation
of
the
payment
plan
and
reinstatement
of
the
3
license.
4
The
bill
allows
new
court
debt
and
civil
penalties
to
5
be
added
to
the
recurring
payment
plan.
If
new
court
debt
6
or
civil
penalties
are
added,
the
bill
allows
the
DOT
to
7
recalculate
the
minimum
monthly
payment
under
the
recurring
8
payment
plan.
9
The
bill
requires
the
DOT
to
transmit
civil
penalties
10
collected
under
Code
sections
321.218A
and
321A.32A
to
the
11
treasurer
of
state
for
deposit
in
the
juvenile
detention
home
12
fund,
in
accord
with
current
law.
The
bill
also
requires
the
13
DOT
to
transmit
civil
penalties
collected
under
Code
section
14
321J.17
to
the
treasurer
of
state
for
deposit
in
the
victim
15
compensation
fund
and
the
general
fund
of
the
state,
in
accord
16
with
current
law.
The
bill
requires
the
DOT
to
transmit
any
17
other
moneys
collected
to
the
state
court
administrator
for
18
distribution
under
Code
section
602.8108.
19
DIVISION
II
——
AUTOCYCLES.
The
bill
defines
an
autocycle
20
as
a
motorcycle
with
two
front
wheels
and
one
rear
wheel,
a
21
steering
wheel,
one
or
more
permanent
seats
that
do
not
require
22
the
operator
or
a
passenger
to
straddle
or
sit
astride
a
seat,
23
and
foot
pedals
that
control
the
brakes,
acceleration,
and
24
clutch.
Under
the
bill,
autocycles
are
treated
as
motorcycles
25
under
the
Code,
including
for
purposes
of
registration
and
26
display
of
one
license
plate,
except
that
autocycles
are
27
required
to
operate
with
two
front
headlamps,
may
transport
28
packages
in
the
vehicle,
must
be
operated
under
a
class
C
29
driver’s
license
instead
of
a
class
M
driver’s
license,
are
not
30
exempt
from
lighting
equipment
requirements,
are
not
exempt
31
from
brake
requirements
generally
applicable
to
motor
vehicles,
32
and
are
not
exempt
from
safety
belt
and
child
restraint
33
requirements
generally
applicable
to
motor
vehicles.
34
DIVISION
III
——
REPAIRED
SALVAGE
MOTOR
VEHICLES.
Current
35
-18-
LSB
5263DP
(3)
86
ns/nh
18/
20
S.F.
_____
H.F.
_____
law
requires
the
owner
of
a
repaired
vehicle
with
a
salvage
1
certificate
of
title
from
another
state
to
apply
for
and
be
2
issued
an
Iowa
salvage
certificate
of
title
before
the
owner
3
may
apply
for
and
be
issued
an
Iowa
certificate
of
title
4
indicating
the
repaired
vehicle
was
previously
titled
as
5
salvage.
The
bill
allows
the
owner
of
a
repaired
vehicle
to
6
obtain
an
Iowa
certificate
of
title
indicating
the
repaired
7
vehicle
was
previously
titled
as
salvage
by
surrendering
the
8
foreign
salvage
certificate
of
title
and
a
salvage
theft
9
examination
certificate
properly
executed
within
30
days
of
the
10
date
the
owner
was
assigned
the
foreign
certificate
of
title.
11
Under
current
law,
the
$30
fee
for
a
salvage
theft
12
examination
is
due
upon
completion
of
the
examination.
13
The
bill
requires
the
$30
fee
to
be
paid
at
the
time
the
14
examination
is
scheduled.
15
DIVISION
IV
——
SPECIAL
MINOR’S
DRIVER’S
LICENSES.
Under
16
current
law,
a
special
minor’s
driver’s
license
entitles
the
17
licensee
to
travel
between
the
licensee’s
residence
or
school
18
of
enrollment
and
a
school
that
is
not
the
licensee’s
school
of
19
enrollment
for
the
purpose
of
participating
in
extracurricular
20
activities.
The
bill
requires
the
school
that
is
not
the
21
licensee’s
school
of
enrollment
to
be
within
or
contiguous
to
22
the
licensee’s
district
of
residence.
23
DIVISION
V
——
OVERSIZE
AND
OVERWEIGHT
MOTOR
VEHICLES.
24
Current
law
limits
the
weight
of
a
vehicle
operating
under
a
25
permit
related
to
excessive
size
and
weight
to
20,000
pounds
26
per
axle,
or
40,000
pounds
per
tandem
axle.
The
bill
allows
27
such
vehicles
to
have
a
weight
of
46,000
pounds
on
a
single
28
tandem
axle
of
the
truck
tractor
and
46,000
pounds
on
a
single
29
tandem
axle
of
the
trailer
or
semitrailer
if
each
axle
of
each
30
tandem
group
has
at
least
four
tires.
31
DIVISION
VI
——
AIRCRAFT.
Under
current
law,
the
owner
of
an
32
aircraft
may
receive
a
registration
refund
if
the
aircraft
is
33
destroyed
by
fire
or
accident
or
junked,
and
its
identity
as
an
34
aircraft
entirely
eliminated,
or
the
aircraft
is
removed
and
35
-19-
LSB
5263DP
(3)
86
ns/nh
19/
20
S.F.
_____
H.F.
_____
continuously
used
beyond
the
boundaries
of
the
state.
However,
1
nonresident
owners
of
aircraft
used
for
the
application
of
2
herbicides
and
pesticides
are
prohibited
from
receiving
a
3
refund.
The
bill
prohibits
all
owners
of
aircraft
used
for
4
the
application
of
herbicides
and
pesticides
from
receiving
a
5
refund.
6
-20-
LSB
5263DP
(3)
86
ns/nh
20/
20
