Senate File 2248 - Reprinted SENATE FILE 2248 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 3110) (As Amended and Passed by the Senate March 9, 2016 ) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation, providing fees, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2248 (4) 86 ns/nh/jh

S.F. 2248 DIVISION I 1 AUTOCYCLES 2 Section 1. Section 321.1, Code 2016, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 06A. “Autocycle” means a three-wheeled 5 motor vehicle originally designed with two front wheels and 6 one rear wheel, a steering wheel rather than handlebars, no 7 more than two permanent seats that do not require the operator 8 or a passenger to straddle or sit astride the vehicle, and 9 foot pedals that control the brakes, acceleration, and clutch, 10 where applicable. A motor vehicle meeting the definition of 11 “autocycle” is an autocycle even if the vehicle bears a vehicle 12 identification number, or is accompanied by a manufacturer’s 13 certificate of origin, that identifies the vehicle as a 14 motorcycle. 15 Sec. 2. Section 321.1, subsection 40, paragraph a, Code 16 2016, is amended to read as follows: 17 a. “Motorcycle” means every motor vehicle having a saddle or 18 seat for the use of the rider and designed to travel on not more 19 than three wheels in contact with the ground including a motor 20 scooter but excluding a tractor , an autocycle, and a motorized 21 bicycle. 22 Sec. 3. Section 321.34, subsection 1, Code 2016, is amended 23 to read as follows: 24 1. Plates issued. The county treasurer upon receiving 25 application, accompanied by proper fee, for registration of a 26 vehicle shall issue to the owner one registration plate for 27 a motorcycle, motorized bicycle, autocycle, truck tractor, 28 trailer, or semitrailer and two registration plates for every 29 other motor vehicle. The registration plates, including 30 special registration plates, shall be assigned to the owner of 31 a vehicle. When the owner of a registered vehicle transfers or 32 assigns ownership of the vehicle to another person, the owner 33 shall remove the registration plates from the vehicle. The 34 owner shall forward the plates to the county treasurer where 35 -1- SF 2248 (4) 86 ns/nh/jh 1/ 20

S.F. 2248 the vehicle is registered or the owner may have the plates 1 assigned to another vehicle within thirty days after transfer, 2 upon payment of the fees required by law. The owner shall 3 immediately affix registration plates retained by the owner to 4 another vehicle owned or acquired by the owner, providing the 5 owner complies with section 321.46 . The department shall adopt 6 rules providing for the assignment of registration plates to 7 the transferee of a vehicle for which a credit is allowed under 8 section 321.46, subsection 6 . 9 Sec. 4. Section 321.34, subsection 5, paragraph a, Code 10 2016, is amended to read as follows: 11 a. Upon application and the payment of a fee of twenty-five 12 dollars, the director may issue to the owner of a motor 13 vehicle registered in this state or a trailer or travel trailer 14 registered in this state, personalized registration plates 15 marked with up to seven initials, letters, or combination 16 of numerals and letters requested by the owner. However, 17 personalized registration plates for autocycles, motorcycles , 18 and motorized bicycles shall be marked with no more than six 19 initials, letters, or combinations of numerals and letters. 20 Upon receipt of the personalized registration plates, the 21 applicant shall surrender the regular registration plates to 22 the county treasurer. The fee for issuance of the personalized 23 registration plates shall be in addition to the regular annual 24 registration fee. 25 Sec. 5. Section 321.34, subsection 8, paragraph a, Code 26 2016, is amended to read as follows: 27 a. The owner of a motor vehicle subject to registration 28 under section 321.109, subsection 1 , autocycle, motorcycle, 29 trailer, or motor truck who has been awarded the medal of 30 honor may, upon written application to the department, order 31 special registration plates which shall be red, white, and blue 32 in color and shall bear an emblem of the medal of honor and 33 an identifying number. Each applicant applying for special 34 registration plates under this subsection may order only 35 -2- SF 2248 (4) 86 ns/nh/jh 2/ 20

S.F. 2248 one set of registration plates under this subsection . The 1 application is subject to approval by the department and the 2 special registration plates shall be issued at no charge to the 3 applicant in exchange for the registration plates previously 4 issued to the person. A person who is issued special plates 5 under this subsection is exempt from payment of any annual 6 registration fee for the motor vehicle bearing the special 7 plates. The department shall validate the special plates in 8 the same manner as regular registration plates are validated 9 under this section . The department shall not issue special 10 registration plates until service organizations in the state 11 have furnished the department either the special dies or the 12 cost of the special dies necessary for the manufacture of the 13 special registration plate. 14 Sec. 6. Section 321.34, subsection 8A, paragraph a, Code 15 2016, is amended to read as follows: 16 a. The owner of a motor vehicle subject to registration 17 under section 321.109, subsection 1 , autocycle, motorcycle, 18 trailer, or motor truck who was a prisoner of war during a 19 time of military conflict may, upon written application to the 20 department, order only one set of special registration plates 21 with an ex-prisoner of war processed emblem. The emblem shall 22 be designed by the department in cooperation with the adjutant 23 general and shall signify that the owner was a prisoner of war 24 as described in this subsection . The application is subject to 25 approval by the department, in consultation with the adjutant 26 general. The special plates shall be issued at no charge and 27 are subject to an annual registration fee of fifteen dollars. 28 The county treasurer shall validate the special plates in the 29 same manner as regular registration plates are validated under 30 this section . 31 Sec. 7. Section 321.34, subsection 11, paragraph a, Code 32 2016, is amended to read as follows: 33 a. Upon application and payment of the proper fees, the 34 director may issue natural resources plates to the owner of a 35 -3- SF 2248 (4) 86 ns/nh/jh 3/ 20

S.F. 2248 motor vehicle subject to registration under section 321.109, 1 subsection 1 , autocycle, motor truck, motor home, multipurpose 2 vehicle, motorcycle, trailer, or travel trailer. 3 Sec. 8. Section 321.34, subsection 11A, paragraph a, Code 4 2016, is amended to read as follows: 5 a. Upon application and payment of the proper fees, the 6 director may issue “love our kids” plates to the owner of a 7 motor vehicle subject to registration under section 321.109, 8 subsection 1 , autocycle, motor truck, motor home, multipurpose 9 vehicle, motorcycle, trailer, or travel trailer. 10 Sec. 9. Section 321.34, subsection 11B, paragraph a, Code 11 2016, is amended to read as follows: 12 a. Upon application and payment of the proper fees, the 13 director may issue “motorcycle rider education” plates to the 14 owner of a motor vehicle subject to registration under section 15 321.109, subsection 1 , autocycle, motor truck, motor home, 16 multipurpose vehicle, motorcycle, trailer, or travel trailer. 17 Sec. 10. Section 321.34, subsection 12, paragraphs a and d, 18 Code 2016, are amended to read as follows: 19 a. The owner of a motor vehicle subject to registration 20 pursuant to section 321.109, subsection 1 , autocycle, 21 motor truck, motor home, multipurpose vehicle, motorcycle, 22 trailer, or travel trailer may, upon written application to 23 the department, order special registration plates with a 24 distinguishing processed emblem as authorized by this section 25 or as approved by the department. The fee for the issuance of 26 special registration plates is twenty-five dollars for each 27 vehicle, unless otherwise provided by this section , which fee 28 is in addition to the regular annual registration fee. The 29 county treasurer shall validate special registration plates 30 with a distinguishing processed emblem in the same manner as 31 regular registration plates, upon payment of five dollars in 32 addition to the regular annual registration fee. 33 d. A special registration plate issued for a motorcycle , 34 autocycle, or motorized bicycle under this section shall be 35 -4- SF 2248 (4) 86 ns/nh/jh 4/ 20

S.F. 2248 designated in the manner provided for personalized registration 1 plates under subsection 5 , paragraph “a” . 2 Sec. 11. Section 321.34, subsection 15, paragraph a, Code 3 2016, is amended to read as follows: 4 a. The owner of a motor vehicle subject to registration 5 under section 321.109, subsection 1 , autocycle, motorcycle, 6 trailer, or motor truck who has been awarded the legion 7 of merit shall be issued one set of special registration 8 plates with a legion of merit processed emblem, upon written 9 application to the department and presentation of satisfactory 10 proof of the award of the legion of merit as established by the 11 Congress of the United States. The emblem shall be designed 12 by the department in cooperation with the adjutant general and 13 shall signify that the owner was awarded the legion of merit. 14 The application is subject to approval by the department, in 15 consultation with the adjutant general. The special plates 16 shall be issued at no charge and are subject to an annual 17 registration fee of fifteen dollars. The county treasurer 18 shall validate the special plates in the same manner as regular 19 registration plates are validated under this section . 20 Sec. 12. Section 321.37, subsections 1 and 2, Code 2016, are 21 amended to read as follows: 22 1. Registration plates issued for a motor vehicle other 23 than a an autocycle, motorcycle, motorized bicycle , or a truck 24 tractor shall be attached to the motor vehicle, one in the 25 front and the other in the rear. The registration plate issued 26 for a an autocycle, motorcycle , or other vehicle required to 27 be registered hereunder shall be attached to the rear of the 28 vehicle. The registration plate issued for a truck tractor 29 shall be attached to the front of the truck tractor. The 30 special plate issued to a dealer shall be attached on the rear 31 of the vehicle when operated on the highways of this state. 32 2. Registration plates issued for a motor vehicle which 33 is model year 1948 or older, and reconstructed or specially 34 constructed vehicles built to resemble a model year 1948 35 -5- SF 2248 (4) 86 ns/nh/jh 5/ 20

S.F. 2248 vehicle or older, other than a truck registered for more than 1 five tons, autocycle, motorcycle, or truck tractor, may display 2 one registration plate on the rear of the vehicle if the other 3 registration plate issued to the vehicle is carried in the 4 vehicle at all times when the vehicle is operated on a public 5 highway. 6 Sec. 13. Section 321.69, subsection 9, Code 2016, is amended 7 to read as follows: 8 9. Except for subsections 10 and 11 , this section does not 9 apply to motor trucks and truck tractors with a gross vehicle 10 weight rating of sixteen thousand pounds or more, vehicles more 11 than seven model years old, autocycles, motorcycles, motorized 12 bicycles, and special mobile equipment. This section does 13 apply to motor homes. The requirement in subsection 1 that 14 the new certificate of title and registration receipt shall 15 state on the face whether a prior owner had disclosed that the 16 vehicle was damaged to the extent that it was a wrecked or 17 salvage vehicle as defined in section 321.52, subsection 4 , 18 paragraph “d” , does not apply to a vehicle with a certificate 19 of title bearing a designation that the vehicle was previously 20 titled on a salvage certificate of title pursuant to section 21 321.52, subsection 4 , paragraph “b” , or to a vehicle with 22 a certificate of title bearing a “REBUILT” or “SALVAGE” 23 designation pursuant to section 321.24, subsection 4 or 5 . 24 Except for subsections 10 and 11 , this section does not apply 25 to new motor vehicles with a true mileage, as defined in 26 section 321.71 , of one thousand miles or less, unless such 27 vehicle has incurred damage as described in subsection 2 . 28 Sec. 14. Section 321.105A, subsection 2, paragraph c, 29 subparagraph (6), Code 2016, is amended to read as follows: 30 (6) Vehicles, excluding autocycles, motorcycles , and 31 motorized bicycles, subject to registration in any state when 32 purchased for rental or registered and titled by a motor 33 vehicle dealer licensed pursuant to chapter 322 for rental use, 34 and held for rental for a period of one hundred twenty days or 35 -6- SF 2248 (4) 86 ns/nh/jh 6/ 20

S.F. 2248 more and actually rented for periods of sixty days or less by a 1 person regularly engaged in the business of renting vehicles, 2 including but not limited to motor vehicle dealers licensed 3 pursuant to chapter 322 who rent automobiles to users, if the 4 rental of the vehicles is subject to taxation under section 5 423.2 or chapter 423C . 6 Sec. 15. Section 321.109, subsection 1, paragraph a, Code 7 2016, is amended to read as follows: 8 a. The annual fee for all motor vehicles including vehicles 9 designated by manufacturers as station wagons, 1993 and 10 subsequent model year multipurpose vehicles, and 2010 and 11 subsequent model year motor trucks with an unladen weight of 12 ten thousand pounds or less, except motor trucks registered 13 under section 321.122 , business-trade trucks, special trucks, 14 motor homes, motorsports recreational vehicles, ambulances, 15 hearses, autocycles, motorcycles, motorized bicycles, and 1992 16 and older model year multipurpose vehicles, shall be equal 17 to one percent of the value as fixed by the department plus 18 forty cents for each one hundred pounds or fraction thereof 19 of weight of vehicle, as fixed by the department. The weight 20 of a motor vehicle, fixed by the department for registration 21 purposes, shall include the weight of a battery, heater, 22 bumpers, spare tire, and wheel. Provided, however, that for 23 any new vehicle purchased in this state by a nonresident 24 for removal to the nonresident’s state of residence the 25 purchaser may make application to the county treasurer in 26 the county of purchase for a transit plate for which a fee 27 of ten dollars shall be paid. And provided, however, that 28 for any used vehicle held by a registered dealer and not 29 currently registered in this state, or for any vehicle held 30 by an individual and currently registered in this state, 31 when purchased in this state by a nonresident for removal to 32 the nonresident’s state of residence, the purchaser may make 33 application to the county treasurer in the county of purchase 34 for a transit plate for which a fee of three dollars shall 35 -7- SF 2248 (4) 86 ns/nh/jh 7/ 20

S.F. 2248 be paid. The county treasurer shall issue a nontransferable 1 certificate of registration for which no refund shall be 2 allowed; and the transit plates shall be void thirty days 3 after issuance. Such purchaser may apply for a certificate 4 of title by surrendering the manufacturer’s or importer’s 5 certificate or certificate of title, duly assigned as provided 6 in this chapter . In this event, the treasurer in the county 7 of purchase shall, when satisfied with the genuineness and 8 regularity of the application, and upon payment of a fee of 9 twenty dollars, issue a certificate of title in the name and 10 address of the nonresident purchaser delivering the title 11 to the owner. If there is a security interest noted on the 12 title, the county treasurer shall mail to the secured party an 13 acknowledgment of the notation of the security interest. The 14 county treasurer shall not release a security interest that 15 has been noted on a title issued to a nonresident purchaser 16 as provided in this paragraph. The application requirements 17 of section 321.20 apply to a title issued as provided in this 18 subsection , except that a natural person who applies for a 19 certificate of title shall provide either the person’s social 20 security number, passport number, or driver’s license number, 21 whether the license was issued by this state, another state, or 22 another country. The provisions of this subsection relating to 23 multipurpose vehicles are effective for all 1993 and subsequent 24 model years. The annual registration fee for multipurpose 25 vehicles that are 1992 model years and older shall be in 26 accordance with section 321.124 . 27 Sec. 16. Section 321.117, Code 2016, is amended to read as 28 follows: 29 321.117 Motorcycle, autocycle, ambulance, and hearse fees. 30 For all motorcycles and autocycles the annual registration 31 fee shall be twenty dollars. For all motorized bicycles the 32 annual registration fee shall be seven dollars. When the 33 motorcycle or autocycle is more than five model years old, 34 the annual registration fee shall be ten dollars. The annual 35 -8- SF 2248 (4) 86 ns/nh/jh 8/ 20

S.F. 2248 registration fee for ambulances and hearses shall be fifty 1 dollars. Passenger car plates shall be issued for ambulances 2 and hearses. 3 Sec. 17. Section 321.166, subsections 1, 3, and 4, Code 4 2016, are amended to read as follows: 5 1. a. Registration plates shall be of metal and of a size 6 not to exceed six inches by twelve inches, except that the size 7 of plates issued for use on autocycles, motorized bicycles, 8 motorcycles, motorcycle trailers, and trailers with an empty 9 weight of two thousand pounds or less shall be established by 10 the department. 11 b. Trailers with empty weights of two thousand pounds or 12 less may, upon request, be licensed with regular-sized license 13 plates. 14 3. The registration plate number shall be displayed in 15 characters which shall not exceed a height of four inches nor a 16 stroke width exceeding five-eighths of an inch. Special plates 17 issued to dealers shall display the alphabetical character 18 “D”, which shall be of the same size as the characters in the 19 registration plate. The registration plate number issued for 20 autocycles, motorized bicycles, motorcycles, trailers with an 21 empty weight of two thousand pounds or less, and motorcycle 22 trailers shall be a size prescribed by the department. 23 4. The registration plate number, except on autocycles, 24 motorized bicycles, motorcycles, motorcycle trailers, and 25 trailers with an empty weight of two thousand pounds or less, 26 shall be of sufficient size to be readable from a distance of 27 one hundred feet during daylight. 28 Sec. 18. Section 322.2, Code 2016, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 1A. “Autocycle” means as defined in section 31 321.1. 32 Sec. 19. Section 322.5, subsection 6, paragraph a, 33 unnumbered paragraph 1, Code 2016, is amended to read as 34 follows: 35 -9- SF 2248 (4) 86 ns/nh/jh 9/ 20

S.F. 2248 Upon application for and receipt of a temporary permit 1 issued by the department under this subsection , a motor vehicle 2 dealer authorized to sell used motorcycles or autocycles 3 may display, offer for sale, and negotiate sales of used 4 motorcycles or autocycles at a motorcycle rally located in this 5 state that meets all of the following conditions: 6 Sec. 20. Section 322.5, subsection 6, paragraph b, 7 subparagraph (1), Code 2016, is amended to read as follows: 8 (1) The person presents the department with a current motor 9 vehicle dealer license valid for the sale of used motorcycles 10 or autocycles at retail in the person’s state of residence. 11 Sec. 21. Section 322.5, subsection 6, paragraph d, Code 12 2016, is amended to read as follows: 13 d. A sale of a motorcycle or autocycle at a motorcycle 14 rally shall not be completed and an agreement for the sale of 15 a motorcycle or autocycle shall not be signed at a motorcycle 16 rally. All such sales shall be consummated at the motor 17 vehicle dealer’s principal place of business. 18 Sec. 22. Section 322.36, Code 2016, is amended to read as 19 follows: 20 322.36 Motorcycle and autocycle dealer business hours. 21 A person in the business of selling motorcycles or 22 autocycles under chapter 322D is not required to maintain 23 regular business hours at the dealer’s principal place of 24 business or other place of business. 25 Sec. 23. Section 322D.1, subsection 2, Code 2016, is amended 26 to read as follows: 27 2. “Attachment” means a machine or part of a machine 28 designed to be used on and in conjunction with a farm 29 implement, motorcycle, autocycle, all-terrain vehicle, or 30 snowmobile. 31 Sec. 24. Section 322D.1, Code 2016, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 2A. “Autocycle” means as defined in section 34 321.1. 35 -10- SF 2248 (4) 86 ns/nh/jh 10/ 20

S.F. 2248 Sec. 25. Section 322D.1, subsection 4, paragraphs b and e, 1 Code 2016, are amended to read as follows: 2 b. The franchisee is granted the right to offer and sell 3 farm implements, motorcycles, autocycles, all-terrain vehicles, 4 snowmobiles, or related parts or attachments manufactured or 5 distributed by the franchiser. 6 e. The operation of the franchisee’s business is 7 substantially reliant on the franchiser for the continued 8 supply of farm implements, motorcycles, autocycles, all-terrain 9 vehicles, snowmobiles, or related parts or attachments. 10 Sec. 26. Section 322D.1, subsections 5, 6, and 7, Code 2016, 11 are amended to read as follows: 12 5. “Franchisee” means a person who receives farm implements, 13 motorcycles, autocycles, all-terrain vehicles, snowmobiles, 14 or related parts or attachments from the franchiser under 15 a franchise and who offers and sells the farm implements, 16 motorcycles, autocycles, all-terrain vehicles, snowmobiles, or 17 related parts or attachments to the general public. 18 6. “Franchiser” means a person who manufactures, wholesales, 19 or distributes farm implements, motorcycles, autocycles, 20 all-terrain vehicles, snowmobiles, or related parts or 21 attachments, and who enters into a franchise. 22 7. “Motorcycle” means a motor vehicle as defined in section 23 321.1 other than an all-terrain vehicle, which has a saddle 24 or seat for the use of a rider and that is designed to travel 25 on not more than two wheels in contact with the ground, but 26 excluding a motorized bicycle or autocycle as defined in 27 section 321.1 . 28 Sec. 27. Section 322D.2, Code 2016, is amended to read as 29 follows: 30 322D.2 Franchisee’s rights to payment. 31 1. A franchisee who enters into a written franchise with a 32 franchiser to maintain a stock of farm implements, motorcycles, 33 autocycles, all-terrain vehicles, snowmobiles, or related parts 34 or attachments has the following rights to payment, at the 35 -11- SF 2248 (4) 86 ns/nh/jh 11/ 20

S.F. 2248 option of the franchisee, if the franchise is terminated: 1 a. One hundred percent of the net cost of new, unused, 2 complete farm implements, motorcycles, autocycles, all-terrain 3 vehicles, snowmobiles, or related attachments, which were 4 purchased from the franchiser. In addition, the franchisee 5 shall have a right of payment for transportation charges on the 6 farm implements, motorcycles, autocycles, all-terrain vehicles, 7 or snowmobiles, which have been paid by the franchisee. 8 b. Eighty-five percent of the net prices of any repair 9 parts, including superseded parts, which were purchased from 10 the franchiser and held by the franchisee on the date that the 11 franchise terminated. 12 c. Five percent of the net prices of parts resold under 13 paragraph “b” for handling, packing, and loading of the parts. 14 However, this payment shall not be due to the franchisee if 15 the franchiser elects to perform the handling, packing, and 16 loading. 17 2. Upon receipt of the payments due under subsection 1 , 18 the franchiser is entitled to possession of and title to the 19 farm implements, motorcycles, autocycles, all-terrain vehicles, 20 snowmobiles, or related parts or attachments. 21 3. The cost of farm implements, motorcycles, autocycles, 22 all-terrain vehicles, snowmobiles, or related attachments and 23 the price of repair parts shall be determined by reference to 24 the franchiser’s price list or catalog in effect at the time 25 of the franchise termination. 26 Sec. 28. Section 322D.3, subsections 7 and 9, Code 2016, are 27 amended to read as follows: 28 7. A farm implement, motorcycle, autocycle, all-terrain 29 vehicle, or snowmobile which is not in new, unused, undamaged, 30 or complete condition. 31 9. A farm implement, motorcycle, autocycle, all-terrain 32 vehicle, or snowmobile which was purchased twenty-four months 33 or more prior to the termination of the franchise. 34 Sec. 29. Section 322D.8, Code 2016, is amended to read as 35 -12- SF 2248 (4) 86 ns/nh/jh 12/ 20

S.F. 2248 follows: 1 322D.8 Application —— motorcycle or autocycle franchise 2 agreements. 3 The rights under section 322D.2, subsection 1 , apply to 4 motorcycle or autocycle franchise agreements in effect on July 5 1, 1985, which have no expiration date and are continuing 6 agreements, and to those entered into or renewed after July 1, 7 1985, but only to motorcycles , autocycles, and motorcycle or 8 autocycle attachments and parts purchased after July 1, 1985. 9 Sec. 30. Section 322G.2, subsection 13, Code 2016, is 10 amended to read as follows: 11 13. “Motor vehicle” means a self-propelled vehicle purchased 12 or leased in this state, except as provided in section 322G.15 , 13 and primarily designed for the transportation of persons or 14 property over public streets and highways, but does not include 15 mopeds, motorcycles, autocycles, motor homes, or vehicles over 16 fifteen thousand pounds gross vehicle weight rating. 17 DIVISION II 18 REPAIRED SALVAGE MOTOR VEHICLES 19 Sec. 31. Section 321.24, subsection 5, Code 2016, is amended 20 to read as follows: 21 5. If the prior certificate of title is from another state 22 and indicates that the vehicle was junked, an Iowa junking 23 certificate shall be issued according to section 321.52, 24 subsections 2 and 3 . If the prior certificate of title 25 from another state indicates that the vehicle is salvaged 26 and not rebuilt or is a salvage certificate of title, an 27 Iowa salvage certificate of title shall be issued and a 28 “SALVAGE” designation shall be retained on all subsequent 29 Iowa certificates of title and registration receipts for 30 the vehicle, except unless the owner has surrendered the 31 prior certificate of title and a salvage theft examination 32 certificate, as provided under section 321.52, subsection 4 , 33 paragraph “b” , and the salvage theft examination certificate 34 was properly executed within thirty days of the date the owner 35 -13- SF 2248 (4) 86 ns/nh/jh 13/ 20

S.F. 2248 was assigned the prior certificate of title . The department 1 may require that subsequent Iowa certificates of title retain 2 other states’ designations which indicate that a vehicle had 3 incurred prior damage. The department shall determine the 4 manner in which other states’ rebuilt, salvage, or other 5 designations are to be indicated on Iowa titles. 6 Sec. 32. Section 321.52, subsection 4, paragraph c, Code 7 2016, is amended to read as follows: 8 c. A salvage theft examination shall be made by a peace 9 officer who has been specially certified and recertified when 10 required by the Iowa law enforcement academy to do salvage 11 theft examinations. The Iowa law enforcement academy shall 12 determine standards for training and certification, conduct 13 training, and may approve alternative training programs 14 which satisfy the academy’s standards for training and 15 certification. The owner of the salvage vehicle shall make 16 the vehicle available for examination at a time and location 17 designated by the peace officer doing the examination. The 18 owner may obtain a permit to drive the vehicle to and from the 19 examination location by submitting a repair affidavit to the 20 agency performing the examination stating that the vehicle is 21 reasonably safe for operation and listing the repairs which 22 have been made to the vehicle. The owner must be present 23 for the examination and have available for inspection the 24 salvage title, bills of sale for all essential parts changed, 25 if applicable, and the repair affidavit. The examination 26 shall be for the purposes of determining whether the vehicle 27 or repair components have been stolen. The examination is not 28 a safety inspection and a signed salvage theft examination 29 certificate shall not be construed by any court of law to 30 be a certification that the vehicle is safe to be operated. 31 There shall be no cause of action against the peace officer 32 or the agency conducting the examination or the county 33 treasurer for failure to discover or note safety defects. If 34 the vehicle passes the theft examination, the peace officer 35 -14- SF 2248 (4) 86 ns/nh/jh 14/ 20

S.F. 2248 shall indicate that the vehicle passed examination on the 1 salvage theft examination certificate. The permit and salvage 2 theft examination certificate shall be on controlled forms 3 prescribed and furnished by the department. The owner shall 4 pay a fee of thirty fifty dollars upon completion of at the 5 time the examination is scheduled . The agency performing the 6 examinations shall retain twenty forty dollars of the fee and 7 shall pay five dollars of the fee to the department and five 8 dollars of the fee to the treasurer of state for deposit in the 9 general fund of the state. Moneys deposited to the general 10 fund under this paragraph are subject to the requirements of 11 section 8.60 and shall be used by the Iowa law enforcement 12 academy to provide for the special training, certification, and 13 recertification of officers as required by this subsection . 14 DIVISION III 15 SPECIAL MINOR’S DRIVER’S LICENSES 16 Sec. 33. Section 321.194, Code 2016, is amended to read as 17 follows: 18 321.194 Special minors’ licenses. 19 1. Driver’s license issued for travel to and from school 20 Persons eligible . Upon certification of a special need by the 21 school board, superintendent of the applicant’s school, or 22 principal, if authorized by the superintendent, the department 23 may issue a class C or M driver’s license to a person between 24 the ages of fourteen and eighteen years whose if all of the 25 following apply: 26 a. The person’s driving privileges have not been suspended, 27 revoked, or barred under this chapter or chapter 321J during, 28 and who the person has not been convicted of a moving traffic 29 violation or involved in a motor vehicle accident for, the 30 six-month period immediately preceding the application for the 31 special minor’s license and who . 32 b. The person has successfully completed an approved driver 33 education course. However, the completion of a course is not 34 required if the applicant demonstrates to the satisfaction 35 -15- SF 2248 (4) 86 ns/nh/jh 15/ 20

S.F. 2248 of the department that completion of the course would impose 1 a hardship upon the applicant. The department shall adopt 2 rules defining the term “hardship” and establish procedures for 3 the demonstration and determination of when completion of the 4 course would impose a hardship upon an applicant. 5 2. Driving privileges. 6 a. Permitted operations. The driver’s license entitles the 7 holder, while having the license in immediate possession, to 8 operate a motor vehicle other than a commercial motor vehicle 9 or as a chauffeur: 10 (1) During the hours of 5:00 a.m. to 10:00 p.m. over 11 the most direct and accessible route between the licensee’s 12 residence and schools of enrollment or the closest school bus 13 stop or public transportation service, and between schools of 14 enrollment, for the purpose of attending duly scheduled courses 15 of instruction and extracurricular activities within the school 16 district of enrollment . 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 site, facility, 20 or school that is not the student’s licensee’s school of 21 enrollment for the purpose of participating in extracurricular 22 activities conducted under a sharing agreement with the 23 student’s licensee’s school of enrollment or conducted 24 at a site or facility designated by the licensee’s school 25 district for the accommodation of the school’s extracurricular 26 activities, provided the site, facility, or school is within 27 the licensee’s school district of enrollment or is within a 28 school district contiguous to the licensee’s school district 29 of enrollment . 30 (3) To a service station for the purpose of refueling, so 31 long as the service station is the station closest to the route 32 the licensee is traveling on under subparagraph (1) or (2). 33 (4) At any time when the licensee is accompanied in 34 accordance with section 321.180B, subsection 1 . 35 -16- SF 2248 (4) 86 ns/nh/jh 16/ 20

S.F. 2248 b. Restrictions. 1 (1) Passengers. Unless accompanied in accordance with 2 section 321.180B, subsection 1 , a person issued a driver’s 3 license pursuant to this section must limit the number of 4 unrelated minor passengers in the motor vehicle when the 5 licensee is operating the motor vehicle to one. For purposes 6 of this section , “unrelated minor passenger” means a passenger 7 who is under eighteen years of age and who is not a sibling of 8 the driver, a stepsibling of the driver, or a child who resides 9 in the same household as the driver. 10 (2) Electronic communication devices. A person issued a 11 driver’s license under this section shall not use an electronic 12 communication device or an electronic entertainment device 13 while driving a motor vehicle unless the motor vehicle is at a 14 complete stop off the traveled portion of the roadway. This 15 subparagraph does not apply to the use of electronic equipment 16 which is permanently installed in the motor vehicle or to a 17 portable device which is operated through permanently installed 18 equipment. The department, in cooperation with the department 19 of public safety, shall establish educational programs to 20 foster compliance with the requirements of this subparagraph. 21 c. 3. Certification of need and issuance of license. Each 22 application shall be accompanied by a statement from the 23 school board, superintendent, or principal, if authorized by 24 the superintendent, of the applicant’s school. The statement 25 shall be upon a form provided by the department. The school 26 board, superintendent, or principal, if authorized by the 27 superintendent, shall certify that a need exists for the 28 license and that the board, superintendent, or principal 29 authorized by the superintendent is not responsible for 30 actions of the applicant which pertain to the use of the 31 driver’s license. Upon receipt of a statement of necessity, 32 the department shall issue the driver’s license provided the 33 applicant is otherwise eligible for issuance of the license . 34 The fact that the applicant resides at a distance less than one 35 -17- SF 2248 (4) 86 ns/nh/jh 17/ 20

S.F. 2248 mile from the applicant’s school of enrollment is prima facie 1 evidence of the nonexistence of necessity for the issuance 2 of a license. The school board shall develop and adopt a 3 policy establishing the criteria that shall be used by a school 4 district administrator to approve or deny certification that 5 a need exists for a license. The student may appeal to the 6 school board the decision of a school district administrator 7 to deny certification. The decision of the school board is 8 final. The driver’s license shall not be issued for purposes 9 of attending a public school in a school district other than 10 either of the following: 11 (1) a. The district of residence of the parent or guardian 12 of the student. 13 (2) b. A district which is contiguous to the district of 14 residence of the parent or guardian of the student, if the 15 student is enrolled in the public school which is not the 16 school district of residence because of open enrollment under 17 section 282.18 or as a result of an election by the student’s 18 district of residence to enter into one or more sharing 19 agreements pursuant to the procedures in chapter 282 . 20 d. (1) A person issued a driver’s license under this 21 section shall not use an electronic communication device or an 22 electronic entertainment device while driving a motor vehicle 23 unless the motor vehicle is at a complete stop off the traveled 24 portion of the roadway. This subparagraph does not apply to 25 the use of electronic equipment which is permanently installed 26 in the motor vehicle or to a portable device which is operated 27 through permanently installed equipment. 28 (2) The department, in cooperation with the department of 29 public safety, shall establish educational programs to foster 30 compliance with the requirements of subparagraph (1). 31 2. 4. Suspension and revocation. A driver’s license issued 32 under this section is subject to suspension or revocation 33 for the same reasons and in the same manner as suspension or 34 revocation of any other driver’s license. The department may 35 -18- SF 2248 (4) 86 ns/nh/jh 18/ 20