1. a. If a person’s fine, penalty, surcharge, or court cost is deemed delinquent as provided in section 602.8107, subsection 2, and the person’s driver’s license has been suspended pursuant to section 321.210A, or the clerk of the district court has reported the delinquency to the department as required by section 321.210A, the person may execute an installment agreement as defined in section 602.8107 with the county attorney, the county attorney’s designee, or the department of revenue, to pay the delinquent amount and the civil penalty assessed in subsection 7 in installments. Prior to execution of the installment agreement, the person shall provide the county attorney, the county attorney’s designee, or the department of revenue with a financial statement in order for the parties to the agreement to determine the amount of the installment payments. b. Cases involving court debt assigned to a county attorney, a county attorney’s designee, or the department of revenue shall remain so assigned. 2. If the person enters into an installment agreement with the county attorney or the county attorney’s designee, the person shall execute an installment agreement in the county where the fine, penalty, surcharge, or court cost was imposed. If the county where the fine,penalty, surcharge, or court cost was imposed does not have an installment agreement program, the person shall execute an installment agreement in the person’s county of residence. Ifthe county of residence does not have an installment agreement program, the person may execute an installment agreement with any county attorney or county attorney’s designee. 3. The county attorney, the county attorney’s designee, or the department of revenue shall fileor givenotice of the installment agreementwith the clerk of the districtcourt in the county where the fine, penalty, surcharge, or court cost was imposed, within five days of execution of the agreement. 4. Upon receipt of an executed installment agreement and after the first installment payment, the clerk of the district court shall report the receipt of the executed installment agreement to the department of transportation. 5. Upon receipt of the report from the clerk of the district court and payment of the reinstatement fee as provided in section 321.191, the department shall terminate the suspension ifthe suspension has not yet become effective. Ifthe suspension has become effective, the department shall immediately reinstate the driver’s license of the person unless the driver’s license of the person is otherwise suspended, revoked, denied, or barred under another provision of law. 6. If a driver’s license is reinstated upon receipt of a report of an executed installment agreement the driver shall provide proof of financial responsibility pursuant to section 321A.17, ifotherwise required by law. 7. a. A civilpenalty assessed pursuant to section 321J.17 shall be added to the amount owing under the installment agreement. b. The clerk of the district court shall transmit to the department, from the firstmoneys collected, an amount equal to the amount of any civil penalty assessed pursuant to section 321J.17 and added to the installment agreement. The department shall transmit the money received from the clerk of the districtcourt pursuant tothis paragraph 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. 8. a. Except as provided in paragraph “b”, upon determination by the county attorney, the county attorney’s designee, or the department of revenue that the person isin default, the county attorney, the county attorney’s designee, or the department of revenue shall notify the clerk of the district court. b. (1) Ifthe person is in default and the person provides a new financial statement within fifteen days ofthe determination made pursuant to paragraph “a” indicating that the person’s financialcondition has changedto suchan extentthat lower installment paymentswouldhave been required prior to the execution of the initialinstallment agreement under subsection 1, the county attorney, the county attorney’s designee, or the department of revenue shall not notify the clerk of the district court, and the person shall not be considered in default. The new installment payments shall be basedupon thenew financial statement filedincompliance with this subparagraph. (2) A person making new installment payments after complying with the provisions of subparagraph (1) shall not be considered executing anew installment agreementfor purposes of calculating the number of installment agreements a person may execute in a person’s lifetime under subsection 12. 9. The clerk of the district court, upon receipt of a notificationof a default from the county attorney, thecounty attorney’s designee, orthedepartment ofrevenue, shall reportthe default to the department of transportation. 10. Upon receipt of a report of a default from the clerk of the district court, the department shall suspend the driver’s license of a person as provided in section 321.210A. For purposes of suspension and reinstatementof the driver’s license ofa person in default, the suspension and any subsequent reinstatement shallbe considered asuspension pursuant to section 321.210A. 11. Ifa new fine,penalty, surcharge, or court cost is imposed on a person after the person has executed an installment agreement with the county attorney, the county attorney’s designee, or the department of revenue, and the new fine, penalty, surcharge, or court cost is deemed delinquent as provided in section 602.8107, subsection 2, and the person’s driver’s license has been suspended pursuant to section 321.210A, the person may enter into a second installment agreement with the county attorney, county attorney’s designee, or the department of revenue to pay the delinquent amount and the civil penalty, if assessed, in subsection 7 in installments. 12. A person is eligible to enter into five installment agreements in the person’s lifetime. 13. Except for a civilpenalty assessed and collected pursuant to subsection 7, any amount collected under the installment agreement by the county attorney or the county attorney’s designee shall be distributed as provided in section 602.8107, subsection 4, and any amount collected by the department of revenue shall be deposited with the clerk of the district court for distribution under section 602.8108. ch 138, §91, 161, 162; 2016 Acts, ch 1119, §1 – 4; 2020 Acts, ch 1074, §51, 86, 92, 93
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