Bill Text: IA SSB3054 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to civil penalties assessed for suspension or revocation of a person's driver's license or nonresident operating privilege.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-10 - 8:00AM; RM 206 Judiciary. [SSB3054 Detail]
Download: Iowa-2015-SSB3054-Introduced.html
Senate
Study
Bill
3054
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
relating
to
civil
penalties
assessed
for
suspension
or
1
revocation
of
a
person’s
driver’s
license
or
nonresident
2
operating
privilege.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
232.142,
subsection
6,
Code
2016,
is
1
amended
to
read
as
follows:
2
6.
A
juvenile
detention
home
fund
is
created
in
the
state
3
treasury
under
the
authority
of
the
department.
The
fund
shall
4
consist
of
moneys
deposited
in
the
fund
pursuant
to
sections
5
321.218A
and
321A.32A
.
The
moneys
in
the
fund
shall
be
used
6
for
the
costs
of
the
establishment,
improvement,
operation,
and
7
maintenance
of
county
or
multicounty
juvenile
detention
homes
8
in
accordance
with
annual
appropriations
made
by
the
general
9
assembly
from
the
fund
for
these
purposes.
10
Sec.
2.
Section
321.210B,
subsection
1,
Code
2016,
is
11
amended
to
read
as
follows:
12
1.
If
a
person’s
fine,
penalty,
surcharge,
or
court
13
cost
is
deemed
delinquent
as
provided
in
section
602.8107,
14
subsection
2
,
and
the
person’s
driver’s
license
has
been
15
suspended
pursuant
to
section
321.210A
,
the
person
may
execute
16
an
installment
agreement
as
defined
in
section
602.8107
with
17
the
county
attorney,
the
county
attorney’s
designee,
or
the
18
private
collection
designee
under
contract
with
the
judicial
19
branch
pursuant
to
section
602.8107,
subsection
5
,
to
pay
the
20
delinquent
amount
and
the
civil
penalty
assessed
in
subsection
21
7
in
installments.
Prior
to
execution
of
the
installment
22
agreement,
the
person
shall
provide
the
county
attorney,
the
23
county
attorney’s
designee,
or
the
private
collection
designee
24
with
a
financial
statement
in
order
for
the
parties
to
the
25
agreement
to
determine
the
amount
of
the
installment
payments.
26
Sec.
3.
Section
321.210B,
subsection
7,
Code
2016,
is
27
amended
by
striking
the
subsection.
28
Sec.
4.
Section
321.210B,
subsections
11
and
14,
Code
2016,
29
are
amended
to
read
as
follows:
30
11.
If
a
new
fine,
penalty,
surcharge,
or
court
cost
31
is
imposed
on
a
person
after
the
person
has
executed
an
32
installment
agreement
with
the
county
attorney,
the
county
33
attorney’s
designee,
or
the
private
collection
designee,
and
34
the
new
fine,
penalty,
surcharge,
or
court
cost
is
deemed
35
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_____
delinquent
as
provided
in
section
602.8107,
subsection
1
2
,
and
the
person’s
driver’s
license
has
been
suspended
2
pursuant
to
section
321.210A
,
the
person
may
enter
into
a
3
second
installment
agreement
with
the
county
attorney,
county
4
attorney’s
designee,
or
the
private
collection
designee
to
pay
5
the
delinquent
amount
and
the
civil
penalty,
if
assessed,
in
6
subsection
7
in
installments.
7
14.
Except
for
a
civil
penalty
assessed
and
collected
8
pursuant
to
subsection
7
,
any
Any
amount
collected
under
the
9
installment
agreement
by
the
county
attorney
or
the
county
10
attorney’s
designee
shall
be
distributed
as
provided
in
section
11
602.8107,
subsection
4
,
and
any
amount
collected
by
the
private
12
collection
designee
shall
be
deposited
with
the
clerk
of
the
13
district
court
for
distribution
under
section
602.8108
.
14
Sec.
5.
Section
321J.17,
subsection
1,
Code
2016,
is
amended
15
by
striking
the
subsection.
16
Sec.
6.
Section
321M.9,
subsection
1,
Code
2016,
is
amended
17
to
read
as
follows:
18
1.
Fees
to
counties.
Notwithstanding
any
other
provision
19
in
the
Code
to
the
contrary,
the
county
treasurer
of
a
county
20
authorized
to
issue
driver’s
licenses
under
this
chapter
shall
21
retain
for
deposit
in
the
county
general
fund
seven
dollars
of
22
fees
received
for
each
issuance
or
renewal
of
driver’s
licenses
23
and
nonoperator’s
identification
cards,
but
shall
not
retain
24
any
moneys
for
the
issuance
of
any
persons
with
disabilities
25
identification
devices.
The
five
dollar
processing
fee
charged
26
by
a
county
treasurer
for
collection
of
a
civil
penalty
under
27
section
321.218A
,
321A.32A
,
or
321J.17
shall
be
retained
for
28
deposit
in
the
county
general
fund.
The
county
treasurer
29
shall
remit
the
balance
of
fees
and
all
civil
penalties
to
the
30
department.
31
Sec.
7.
Section
331.557A,
subsection
4,
Code
2016,
is
32
amended
by
striking
the
subsection.
33
Sec.
8.
REPEAL.
Sections
321.218A
and
321A.32A,
Code
2016,
34
are
repealed.
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
Under
current
law,
a
civil
penalty
is
imposed
on
a
person
4
whose
driver’s
license
or
nonresident
operating
privilege
5
has
been
suspended,
revoked,
or
barred
by
the
department
of
6
transportation
for
a
violation
of
Code
chapter
321
(motor
7
vehicles
and
laws
of
the
road),
321A
(motor
vehicle
financial
8
responsibility),
or
321J
(operating
while
intoxicated).
For
9
a
violation
of
Code
chapter
321
or
321A,
the
civil
penalty
is
10
$200,
or
if
the
person
is
age
19
or
under,
the
civil
penalty
is
11
$50.
The
moneys
derived
from
these
two
penalties
are
deposited
12
in
the
juvenile
detention
home
fund
created
under
Code
section
13
232.142.
For
a
violation
of
Code
chapter
321J,
the
civil
14
penalty
is
$200.
The
moneys
derived
from
this
penalty
are
15
deposited
in
the
victim
compensation
fund
created
under
Code
16
section
915.94
and
the
general
fund
of
the
state.
17
This
bill
repeals
those
civil
penalties.
The
bill
also
18
strikes
related
provisions
regarding
payment
of
the
civil
19
penalties
in
installment
agreements,
collection
of
the
civil
20
penalties
by
county
treasurers,
and
allocation
of
the
moneys
21
collected
from
the
civil
penalties.
The
bill
leaves
the
22
juvenile
detention
home
fund
intact,
but
without
a
source
of
23
statutorily
required
deposits.
24
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