Text: HSB00145 Text: HSB00147 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 11, paragraph d, 1 2 subparagraph (1), Code 1995, is amended to read as follows: 1 3 (1) The combination of vehicles has a gross combination 1 4 weight rating of twenty-six thousand one or more pounds 1 5 provided the towed vehiclehas a gross vehicleor vehicles 1 6 have a gross weight rating or gross combination weight rating 1 7 of ten thousand one or more pounds. 1 8 Sec. 2. Section 321.13, Code 1995, is amended to read as 1 9 follows: 1 10 321.13 AUTHORITY TO GRANT OR REFUSE APPLICATIONS. 1 11 The department shall examine and determine the genuineness, 1 12 regularity, and legality of every applicationlawfullymade to 1 13 the department, and mayin all cases make investigation as may1 14be deemed necessaryinvestigate or require additional 1 15 information, and shall. The department may reject anysuch1 16 application if not satisfied of the genuineness, regularity, 1 17 or legalitythereofof the application or the truth of any 1 18 statementcontained thereinmade within the application, or 1 19 for any other reason, when authorized by law. The department 1 20 may retain possession of any record or document until the 1 21 investigation of the application is completed if it appears 1 22 that the record or document is fictitious or unlawfully or 1 23 erroneously issued and shall not return the record or document 1 24 if it is determined to be fictitious or unlawfully or 1 25 erroneously issued. 1 26 Sec. 3. Section 321.19, subsection 1, unnumbered paragraph 1 27 2, Code 1995, is amended to read as follows: 1 28 The department shall furnish, on application, free of 1 29 charge, distinguishing plates for vehicles thus exempted, 1 30 which plates except plates on Iowa highway safety patrol 1 31 vehicles shall bear the word "official" and the department 1 32 shall keep a separate record. Registration plates issued for 1 33 Iowa highway safety patrol vehicles, except unmarked patrol 1 34 vehicles, shall bear two red stars on a yellow background, one 1 35 before and one following the registration number on the plate, 2 1 which registration number shall be the officer's badge number. 2 2 Registration plates issued for a county sheriff's patrol 2 3 vehicles shall display one seven-pointed gold staron a green2 4backgroundfollowed by the letter "S" and the call number of 2 5 the vehicle. However, the director of general services or the 2 6 director of transportation may order the issuance of regular 2 7 registration plates for any exempted vehicle used by peace 2 8 officers in the enforcement of the law, persons enforcing 2 9 chapter 124 and other laws relating to controlled substances, 2 10 persons in the department of justice who are regularly 2 11 assigned to conduct investigations which cannot reasonably be 2 12 conducted with a vehicle displaying "official" state 2 13 registration plates, and persons in the lottery division of 2 14 the department of revenue and finance whose regularly assigned 2 15 duties relating to security or the carrying of lottery tickets 2 16 cannot reasonably be conducted with a vehicle displaying 2 17 "official" registration plates. For purposes of sale of 2 18 exempted vehicles, the exempted governmental body, upon the 2 19 sale of the exempted vehicle, may issue for in-transit 2 20 purposes a pasteboard card bearing the words "Vehicle in 2 21 Transit", the name of the official body from which the vehicle 2 22 was purchased, together with the date of the purchase plainly 2 23 marked in at least one-inch letters, and other information 2 24 required by the department. The in-transit card is valid for 2 25 use only within forty-eight hours after the purchase date as 2 26 indicated on the bill of sale which shall be carried by the 2 27 driver. 2 28 Sec. 4. Section 321.34, subsection 2, Code 1995, is 2 29 amended to read as follows: 2 30 2. VALIDATION STICKERS. In lieu of issuing new 2 31 registration plates each registration year for a vehicle 2 32 renewing registration, the department may reassign the 2 33 registration plates previously issued to the vehicle and may 2 34 adopt and prescribe an annual validationstickerssticker 2 35 indicating payment of registration fees. The department shall 3 1 issuetwoone validationstickerssticker for each set of 3 2 registration plates.OneThe sticker shall specify the month 3 3 and year of expiration of the registrationperiodplates.The3 4second sticker shall specify the month of expiration of the3 5registration period and need not be reissued annually. The3 6month of registration shall not be required on registration3 7plates or validation stickers issued for vehicles registered3 8under chapter 326.Thestickerssticker shall be displayed 3 9 only on the rear registration plate, except that thestickers3 10 sticker shall be displayed on the front registration plate of 3 11 a truck-tractor. 3 12 The state department of transportation shallpromulgate3 13 adopt rules to provide for the placement of the motor vehicle 3 14 registration validationstickers on all registration plates3 15issued for the motor vehicle when such validation stickers are3 16issued in lieu of issuing new registration plates under the3 17provisions of this sectionsticker. 3 18 Sec. 5. Section 321.34, subsection 7, Code 1995, is 3 19 amended to read as follows: 3 20 7. HANDICAPPED PLATES. The owner of a motor vehicle 3 21 subject to registration pursuant to section 321.109, 3 22 subsection 1, light delivery truck, panel delivery truck, or 3 23 pickup, who is a handicapped person, or who is the parent or 3 24 guardian of a child who resides with the parent or guardian 3 25 owner and who is a handicapped person, as defined in section 3 26 321L.1, may, upon written application to the department, order 3 27 handicapped registration plates designed by the department 3 28 bearing the international symbol of accessibility. The 3 29 handicapped registration plates shall only be issued if the 3 30 application is accompanied with a statement from a physician 3 31 licensed under chapter 148, 149, 150, or 150A, or a 3 32 chiropractor licensed under chapter 151, written on the 3 33 physician's or chiropractor's stationery, stating the nature 3 34 of the applicant's or the applicant's child's handicap and 3 35 such additional information as required by rules adopted by 4 1 the department, including proof of residency of a child who is 4 2 a handicapped person. If the application is approved by the 4 3 department the handicapped registration plates shall be issued 4 4 to the applicant in exchange for the previous registration 4 5 plates issued to the person.The fee for the handicapped4 6plates is five dollars which is in addition to the regular4 7annual registration fee.The department shall validate the 4 8 handicapped plates in the same manner as regular registration 4 9 plates are validated under this section at the regular annual 4 10 registration fee. However, the handicapped plates shall not 4 11 be renewed without the applicant furnishing evidence to the 4 12 department that the owner of the motor vehicle or the owner's 4 13 child is still a handicapped person as defined in section 4 14 321L.1, unless the applicant has previously provided 4 15 satisfactory evidence to the department that the owner of the 4 16 vehicle or the owner's child is permanently handicapped in 4 17 which case the furnishing of additional evidence shall not be 4 18 required for renewal. However, an owner who has a child who 4 19 is a handicapped person shall provide satisfactory evidence to 4 20 the department that the handicapped child continues to reside 4 21 with the owner. The handicapped registration plates shall be 4 22 surrendered in exchange for regular registration plates when 4 23 the owner of the motor vehicle or the owner's child no longer 4 24 qualifies as a handicapped person as defined in section 321L.1 4 25 or when the owner's child who is a handicapped person no 4 26 longer resides with the owner. 4 27 Sec. 6. Section 321.47, unnumbered paragraph 1, Code 1995, 4 28 is amended to read as follows: 4 29In the event of the transfer ofIf ownership of a vehicle 4 30 is transferred by operation of lawasupon inheritance, devise 4 31 or bequest, dissolution decree, order in bankruptcy, 4 32 insolvency, replevin, foreclosure or execution sale, abandoned 4 33 vehicle sale, or when the engine of a motor vehicle is 4 34 replaced by another engine, or a vehicle is sold or 4 35 transferred to satisfy an artisan's lien as provided in 5 1 chapter 577, a landlord's lien as provided in chapter 570, a 5 2 storage lien as provided in chapter 579, a judgment in an 5 3 action for abandonment of a mobile home as provided in chapter 5 4 555B, or repossession is had upon default in performance of 5 5 the terms of a security agreement, the county treasurer in the 5 6 transferee's county of residence, upon the surrender of the 5 7 prior certificate of title or the manufacturer's or importer's 5 8 certificate, or when that is not possible, upon presentation 5 9 of satisfactory proof to the county treasurer of ownership and 5 10 right of possession to the vehicle and upon payment of a fee 5 11 of ten dollars and the presentation of an application for 5 12 registration and certificate of title, may issue to the 5 13 applicant a registration card for the vehicle and a 5 14 certificate of title toitthe vehicle. A person entitled to 5 15 ownership of a vehicle under a decree of dissolution shall 5 16 surrender a certified copy of the dissolution and upon 5 17 fulfilling the other requirements of this chapter is entitled 5 18 to a certificate of title and registration receipt issued in 5 19 the person's name. 5 20 PARAGRAPH DIVIDED. The persons entitled under the laws of 5 21 descent and distribution of an intestate's property to the 5 22 possession and ownership of a vehicle owned in whole or in 5 23 part by a decedent, upon filing an affidavit stating the name 5 24 and date of death of the decedent, the right to possession and 5 25 ownership of the persons filing the affidavit, and that there 5 26 has been no administration of the decedent's estate, which 5 27 instrument shall also contain an agreement to indemnify 5 28 creditors of the decedent who would be entitled to levy 5 29 execution upon the motor vehicle to the extent of the value of 5 30 the motor vehicle, are entitled upon fulfilling the other 5 31 requirements of this chapter, to the issuance of a 5 32 registration card for the interest of the decedent in the 5 33 vehicle and a certificate of title to it. If a decedent dies 5 34 testate, and either the will is not probated or is admitted to 5 35 probate without administration, the persons entitled to the 6 1 possession and ownership of a vehicle owned in whole or in 6 2 part by the decedent may file an affidavit, and upon 6 3 fulfilling the other requirements of this chapter, are 6 4 entitled to the issuance of a registration card for the 6 5 interest of the decedent in the vehicle and a certificate of 6 6 title to the vehicle. The affidavit shall contain the same 6 7 information and indemnity agreement as is required in cases of 6 8 intestacy pursuant to this section. No requirement of chapter 6 9 450 or 451 shall be considered satisfied by the filing of the 6 10 affidavit provided for in this section. If, from the records 6 11 in the office of the county treasurer, there appear to be any 6 12 liens on the vehicle, the certificate of title shall contain a 6 13 statement of the liens unless the application is accompanied 6 14 by proper evidence of their satisfaction or extinction. 6 15 Evidence of extinction may consist of, but is not limited to, 6 16 an affidavit of the applicant stating that a security interest 6 17 was foreclosed as provided inUniform Commercial Code,chapter 6 18 554, article 9, part 5. 6 19 Sec. 7. Section 321.89, subsection 4, unnumbered paragraph 6 20 1, Code 1995, is amended to read as follows: 6 21 If an abandoned vehicle has not been reclaimed as provided 6 22 for in subsection 3, the police authority shall make a 6 23 determination as to whether or not the vehicle shall be sold 6 24 for use upon the highways. If the vehicle is not sold for use 6 25 upon the highways, it shall be sold for junk, or demolished 6 26 and sold as scrap. The police authority shall sell the 6 27 vehicle at public auction. Notwithstanding any other 6 28 provision of this section, any police authority, which has 6 29 taken into possession any abandoned vehicle which lacks an 6 30 engine or two or more wheels or another part which renders the 6 31 vehicle totally inoperable may dispose of the vehicle to a 6 32 demolisher for junk after complying with the notification 6 33 procedures enumerated in subsection 3 and without public 6 34 auction. The purchaser of the vehicle takes title free and 6 35 clear of all liens and claims of ownership, shall receive a 7 1 sales receipt from the police authority, and is entitled to 7 2 register the vehicle and receive a certificate of title if 7 3 sold for use upon the highways.However, ifIf the vehicle is 7 4 sold or disposed of to a demolisher for junk, thesales7 5receipt by itself is sufficient title only for purposes of7 6transferring the vehicle to the demolisher for demolition,7 7wrecking, or dismantling and, when so transferred, no further7 8titling of the vehicle is permitteddemolisher shall make 7 9 application for a junking certificate to the county treasurer 7 10 within fifteen days of purchase and shall surrender the sales 7 11 receipt in lieu of the certificate of title. 7 12 PARAGRAPH DIVIDED. From the proceeds of the sale of an 7 13 abandoned vehicle the police authority shall reimburse itself 7 14 for the expenses of the auction, the costs of towing, 7 15 preserving, and storing which resulted from placing the 7 16 abandoned vehicle in custody, all notice and publication costs 7 17 incurred pursuant to subsection 3, the cost of inspection, and 7 18 any other costs incurred except costs of bookkeeping and other 7 19 administrative costs. Any remainder from the proceeds of a 7 20 sale shall be held for the owner of the vehicle or entitled 7 21 lienholder for ninety days, and shall then be deposited in the 7 22 road use tax fund. The costs to police authorities of 7 23 auction, towing, preserving, storage, and all notice and 7 24 publication costs, and all other costs which result from 7 25 placing abandoned vehicles in custody, whenever the proceeds 7 26 from a sale of the abandoned vehicles are insufficient to meet 7 27 these expenses and costs, shall be paid from the road use tax 7 28 fund. 7 29 Sec. 8. Section 321.90, subsection 2, paragraphs d, e, and 7 30 f, Code 1995, are amended to read as follows: 7 31 d. If the abandoned motor vehicle is not reclaimed in 7 32 accordance with section 321.89, subsection 3, or no lienholder 7 33 objects to the disposal in the case of an owner-applicant, the 7 34 police authority shall give the applicant a certificate of 7 35 authorityto dispose ofallowing the applicant to obtain a 8 1 junking certificate for the motor vehicleto any demolisher8 2for demolition, wrecking, or dismantling. Thedemolisher8 3 applicant shall make application for a junking certificate to 8 4 the county treasurer within fifteen days of purchase and 8 5 surrender the certificate of authority in lieu of the 8 6 certificate of title. The demolisher shall acceptsuchthe 8 7 junking certificate in lieu of the certificate of title to the 8 8 motor vehicle. 8 9 e. Notwithstanding any other provisions of this section 8 10 and sections 321.89 and 321.91, any person, firm, corporation, 8 11 or unit of government upon whose property or in whose 8 12 possession is found any abandoned motor vehicle, or any person 8 13 being the owner of a motor vehicle whose title certificate is 8 14 faulty, lost, or destroyed, may dispose of such motor vehicle 8 15 to a demolisher for junk without a title and without the 8 16 notification procedures of section 321.89, subsection 3, if 8 17 the motor vehicle lacks an engine or two or more wheels or 8 18 other structural part which renders the vehicle totally 8 19 inoperable. The police authority shall give the applicant a 8 20 certificate of authority. The owner shall apply to the county 8 21 treasurer for a junking certificate within fifteen days of 8 22 purchase and shall surrender the certificate of authority in 8 23 lieu of the certificate of title. 8 24 f. The owner of an abandoned motor vehicle and all 8 25 lienholders shall no longer have any right, title, claim, or 8 26 interest in or tosuchthe motor vehicle; and no court in any 8 27 case in law or equity shall recognize any right, title, claim, 8 28 or interest of anysuchownerandor lienholders after the 8 29 disposal ofsuchthe motor vehicle to a demolisher. 8 30 Sec. 9. Section 321.90, subsection 3, Code 1995, is 8 31 amended to read as follows: 8 32 3. DUTIES OF DEMOLISHERS. 8 33 a. Any demolisher who purchases or otherwise acquires an 8 34 abandoned motor vehicle for junk under the provisions of this 8 35 section shall junk, scrap, wreck, dismantle, or demolish such 9 1 motor vehicle.However, if the vehicle is acquired under the9 2provisions of subsection 2, paragraph "e", the demolisher9 3shall apply to the police authority of the jurisdiction from9 4which the vehicle was acquired for a certificate of authority9 5to demolish the vehicle. In making the application the9 6demolisher shall describe the motor vehicle as required by9 7subsection 2, paragraph "b". The police authority shall issue9 8the certificate of authority upon complying with subsection 2,9 9paragraph "c", but shall be excused from following the9 10notification procedures as required therein. No further9 11titling of the motor vehicle shall be permitted. After the9 12motor vehicle has been demolished, processed, or changed so9 13that it physically is no longer a motor vehicle, the9 14demolisher shall surrender the auction sales receipt or9 15certificate of authority to dispose of or demolish a motor9 16vehicle to the department for cancellation. The department9 17shall issue such forms and rules governing the surrender of9 18auction sales receipts, certificates of title, and9 19certificates of authority to dispose of or demolish motor9 20vehicles, and the cancellation and surrender of the9 21registrations and certificates of title for such motor9 22vehicles as are appropriate.A demolisher shall not junk, 9 23 scrap, wreck, dismantle, or demolish a vehicle until the 9 24 demolisher has obtained the junking certificate issued for the 9 25 vehicle. 9 26 b. A demolisher shall keep an accurate and complete record 9 27 of all motor vehicles purchased or received by the demolisher 9 28 in the course of the demolisher's business. These records 9 29 shall contain the name and address of the person from whom 9 30 eachsuchmotor vehicle was purchased or received and the date 9 31 whensuchthe purchases or receipts occurred.SuchThe 9 32 records shall be open for inspection by any police authority 9 33 at any time during normal business hours. Any record required 9 34 by this section shall be kept by the demolisher for at least 9 35 one year after the transaction to which it applies. 10 1 Sec. 10. Section 321.123, subsection 1, unnumbered para- 10 2 graph 1, Code 1995, is amended to read as follows: 10 3 Travel trailers and fifth-wheel travel trailers, except 10 4 those in manufacturer's or dealer's stock, an annual fee of 10 5 twenty cents per square foot of floor space computed on the 10 6 exterior overall measurements, but excluding three feet 10 7 occupied by any trailer hitch as provided by and certified to 10 8 by the owner, to the nearest whole dollar, which amount shall 10 9 not be prorated or refunded; except the annual fee for travel 10 10 trailers of any type, when registered in Iowa for the first 10 11 time or when removed from a manufacturer's or dealer's stock, 10 12 shall be prorated on a monthly basis.The registrant of a10 13travel trailer of any type shall be issued a "travel trailer"10 14plate.It is further provided the annual fee thus computed 10 15 shall be limited to seventy-five percent of the full fee after 10 16 the vehicle is more than six model years old. 10 17 Sec. 11. Section 321.126, subsection 6, unnumbered 10 18 paragraph 1, Code 1995, is amended to read as follows: 10 19 If a vehicle is sold or junked, the owner in whose name the 10 20 vehicle was registered may make claim to the county treasurer 10 21 or department for a refund of the sold or junked vehicle's 10 22 registration fee. Also if the owner of a vehicle receives a 10 23 vehicle registration fee credit under section 321.46, 10 24 subsection 3, and the credit allowed exceeds the amount of the 10 25 registration fee for the vehicle acquired, the owner may claim 10 26 a refund for the balance of the credit. The refund is subject 10 27 to the following limitations: 10 28 Sec. 12. Section 321.166, subsection 2, Code 1995, is 10 29 amended to read as follows: 10 30 2. Every registration plate or pair of plates shall 10 31 display a registration plate number which shall consist of 10 32 alphabetical or numerical characters or a combination thereof 10 33 and the name of this state, which may be abbreviated. Every 10 34 registration plate issued by the county treasurer and 10 35 personalized registration plates issued under section 321.34, 11 1 subsection 5, shall display the name of the county except 11 2 plates issued fortruck tractors, motorcycles, motorized11 3bicycles, travel trailers, semitrailers and trailersspecial 11 4 trucks.The year of expiration or the date of expiration11 5shall be displayed on vehicle registration plates, except11 6plates issued under section 321.19.Special truck 11 7 registration plates shall display the word "special". 11 8 Sec. 13. Section 321.166, subsection 7, Code 1995, is 11 9 amended to read as follows: 11 10 7. The year and month of expiration of registration, which 11 11 may be abbreviated, shall be displayed on vehicle registration 11 12 plates issued by the county treasurer. A distinctive emblem 11 13 or validation sticker may be prescribed by the department to 11 14 designate the year and month of expirationwhich shall be11 15attached to the embossed area on the plate located at the11 16lower corners of the registration plate. The year and month 11 17 of expiration shall not be required to be displayed on plates 11 18 issued under section 321.19. 11 19 Sec. 14. Section 321.182, subsection 2, Code 1995, is 11 20 amended to read as follows: 11 21 2. Surrender all other motor vehicle licenses and 11 22 nonoperator's identification cards. 11 23 Sec. 15. Section 321.189, subsection 7, Code 1995, is 11 24 amended to read as follows: 11 25 7. CLASS M LICENSE EDUCATION REQUIREMENTS. A person 11 26 applying for a driver's license valid for the operation of a 11 27 motorcycle shall be required to successfully complete a 11 28 motorcycle education course either approved and established by 11 29 the department of education or from a private or commercial 11 30 driver education school licensed by the department before the 11 31 class M license will be issued. A public school district 11 32 shall charge a student a fee which shall not exceed the actual 11 33 cost of instruction minus moneys received by the school 11 34 district under subsection 9. 11 35 The requirement that an applicant complete a motorcycle 12 1 education course prior to issuance of a driver's license under 12 2 this subsection does not apply to the following: 12 3 a. An operator who has been issued a class M license prior 12 4 toJuly 1, 1994May 1, 1995. 12 5 b. An operator who is renewing the operator's class M 12 6 license issued prior toJuly 1, 1994May 1, 1995. 12 7 c. An operator who has been issued a driver's license 12 8 which is valid for the operation of a motorcycle in another 12 9 state. 12 10 Sec. 16. Section 321.423, subsections 3 and 4, Code 1995, 12 11 are amended to read as follows: 12 12 3. BLUE LIGHT. A blue light shall not be used on any 12 13 vehicle except for the following: 12 14 a. A vehicle owned or exclusively operated by a fire 12 15 department; or. 12 16 b. A vehicle authorized by thedirector when:chief of the 12 17 fire department if 12 18(1) Thethe vehicle is owned by a member ofathe fire 12 19 department.12 20(2) The, the request for authorization is made by the 12 21 member on forms provided by the department.12 22(3) Necessity, and necessity for authorization is 12 23 demonstrated in the request. 12 24(4) The chief of the fire department certifies that the12 25member is in good standing with the fire department and12 26recommends that the authorization be granted.12 27 4. EXPIRATION OF AUTHORITY. The authorization shall 12 28 expire at midnight on the thirty-first day of December five 12 29 years from the year in which it was issued, or when the 12 30 vehicle is no longer owned by the member, or when the member 12 31 has ceased to be an active member of the fire department or of 12 32 an ambulance, rescue, or first responder service or when the 12 33 member has used the blue or white light beyond the scope of 12 34 its authorized use. A person issued an authorization under 12 35 subsection 3, paragraph "b", shall return the authorization to 13 1 the fire chief upon expiration. 13 2 Sec. 17. Section 321.484, unnumbered paragraph 2, Code 13 3 1995, is amended to read as follows: 13 4 The owner of a vehicle shall not be held responsible for a 13 5 violation of a provision regulating the stopping, standing, or 13 6 parking of a vehicle, whether the provision is contained in 13 7 this chapter, or chapter 321L, or an ordinance or other 13 8 regulation or rule, if the owner establishes that at the time 13 9 of the violation the vehicle was in the custody of an 13 10 identified person other than the owner pursuant to a lease as 13 11 defined in chapter 321F. The furnishing to the clerk of the 13 12 district court where the charge is pending of a copy of the 13 13certificate of responsibilitylease prescribed by section 13 14 321F.6 that was in effect for the vehicle at the time of the 13 15 alleged violation shall be prima facie evidence that the 13 16 vehicle was in the custody of an identified person other than 13 17 the owner within the meaning of this paragraph, and the charge 13 18 against the owner shall be dismissed. The clerk of the 13 19 district court then shall cause a uniform citation and 13 20 complaint to be issued against the lessee of the vehicle, and 13 21 the citation shall be served upon the defendant by ordinary 13 22 mail directed to the defendant at the address shown in the 13 23 certificate of responsibility. 13 24 Sec. 18. Section 321E.11, unnumbered paragraph 1, Code 13 25 1995, is amended to read as follows: 13 26 Movements by permit in accordance with this chapter shall 13 27 be permitted only during the hours from sunrise to sunset 13 28 unless the issuing authority determines that the movement can 13 29 be better accomplished at another period of time because of 13 30 traffic volume conditions or the vehicle subject to the permit 13 31 has an overall length not to exceed one hundred feet, an 13 32 overall width not to exceed eleven feet, and an overall height 13 33 not to exceed fourteen feet, four inches, and the permit 13 34 requires the vehicle to operate only onthethose highways 13 35 designatedhighway systemby the department. Additional 14 1 safety lighting and escorts may be required for movement at 14 2 night. 14 3 Sec. 19. Section 321F.6, Code 1995, is amended by striking 14 4 the section and inserting in lieu thereof the following: 14 5 321F.6 FINANCIAL RESPONSIBILITY &endash; LEASE. 14 6 The lessee shall carry in the vehicle being leased, 14 7 evidence of financial responsibility as required by this 14 8 chapter and a copy of the lease, setting forth the name and 14 9 address of the lessee, period of the lease, and other 14 10 information as the director may require. The lease shall be 14 11 shown to any peace officer upon request. 14 12 Sec. 20. Section 321L.2, subsection 3, Code 1995, is 14 13 amended to read as follows: 14 14 3. Each handicapped identification device shall be 14 15 acquired bythe department and sold at a cost not to exceed14 16five dollars, tohandicapped persons upon application on forms 14 17 prescribed by the department. Before delivering a handicapped 14 18 identification device to a handicapped person the department 14 19 shall permanently affix to the device a unique number which 14 20 may be used by the department to identify the individual to 14 21 whom the device is issued. A temporary handicapped 14 22 identification hanging device shall have the expiration date 14 23 permanently affixed to the device. Expiration dates and 14 24 identification numbers affixed to handicapped identification 14 25 hanging devices shall be of sufficient size to be readable 14 26 from outside the vehicle. 14 27 A handicapped person who owns a motor vehicle for which the 14 28 handicapped person has been issued radio operator registration 14 29 plates under section 321.34, subsection 3, or registration 14 30 plates as a seriously disabled veteran under section 321.105 14 31 may apply to the department for a handicapped identification 14 32 sticker to be affixed to the plates. The handicapped 14 33 identification stickers shall bear the international symbol of 14 34 accessibility. The handicapped identification stickers shall 14 35 be acquired bythe department and sold at a cost not to exceed15 1five dollars, toeligible handicapped persons upon application 15 2 on forms prescribed by the department. 15 3 Sec. 21. Section 327B.1, Code 1995, is amended to read as 15 4 follows: 15 5 327B.1 AUTHORITY SECURED AND REGISTERED. 15 6 It is unlawful for a carrier to perform an interstate 15 7 transportation service for compensation upon the highways of 15 8 this state without first registering the authority obtained 15 9 from the interstate commerce commission or evidence that such 15 10 authority is not required with the state department of 15 11 transportation. 15 12 The department shall participate in the single state 15 13 insurance registration program for regulated motor carriers as 15 14 provided in 49 U.S.C. } 11506 and interstate commerce 15 15 commission regulations. 15 16 Registration for carriers transporting commodities exempt 15 17 from interstate commerce commission regulation shall be 15 18 granted without hearing upon application and payment of a 15 19 twenty-five-dollar filing fee and an annual one-dollar fee per 15 20 vehicle.Each amendment of supplemental authority shall15 21require a ten-dollar filing fee.15 22The department shall participate in the single state15 23insurance registration system for motor carriers as provided15 24in 49 U.S.C. } 11506.15 25 The state department of transportation may execute 15 26 reciprocity agreements with authorized representatives of any 15 27 state exempting nonresidents from payment of fees as set forth 15 28 in this chapter. The state department of transportation shall 15 29 adopt rules pursuant to chapter 17A for the identification of 15 30 vehicles operated under reciprocity agreements. 15 31 Fees may be subject to reduction or proration pursuant to 15 32 sections 326.5 and 326.32. 15 33 Sec. 22. Section 327B.6, unnumbered paragraph 1, Code 15 34 1995, is amended to read as follows: 15 35 Registration under section 327B.1 shall not be granted 16 1 until the exempt carrier has filed with the state department 16 2 of transportation evidence of insurance or surety bond issued 16 3 by an insurance carrier or bonding company authorized to do 16 4 business in this stateandinthea form prescribedin 4916 5C.F.R. } 387.15 for motor carriers of property and in 4916 6C.F.R. } 387.39 for motor carriers of passengersby the 16 7 department. The minimum limits of liability for each 16 8 interstate motor carrier for hire subject to federal minimum 16 9 limits of liability are those adopted under United States 16 10 Code, Title 49, and prescribed in 49 C.F.R. } 387.3 and } 16 11 387.9 for motor carriers of property and in 49 C.F.R. } 387.27 16 12 and } 387.33 for motor carriers of passengers. 16 13 Sec. 23. NEW SECTION. 327B.7 RECIPROCITY FOR EXEMPT COM- 16 14 MODITY BASE STATE REGISTRATION SYSTEM. 16 15 The department may enter into a reciprocity agreement on 16 16 behalf of this state with authorized representatives of other 16 17 states to become a member of an exempt commodity base state 16 18 registration system for the registration, insurance 16 19 verification, and fee collection for carriers hauling 16 20 commodities exempt from interstate commerce commission 16 21 authority. 16 22 Sec. 24. Section 805.3, Code 1995, is amended to read as 16 23 follows: 16 24 805.3 PROCEDURE. 16 25 Before the cited person is released, the person shall sign 16 26 the citation, either in a paper or electronic format, as a 16 27 written promise to appear in court at the time and place 16 28 specified. A copy of the citation shall be given to the 16 29 person. 16 30 Sec. 25. Section 805.5, Code 1995, is amended to read as 16 31 follows: 16 32 805.5 FAILURE TO APPEAR. 16 33 Any person who willfully fails to appear in court as 16 34 specified by the citation shall be guilty of a simple 16 35 misdemeanor. Where a defendant fails to make a required court 17 1 appearance, the court shall issue an arrest warrant for the 17 2 offense of failure to appear, and shall forward the warrant 17 3 and the original or electronically produced citation to the 17 4 clerk. The clerk shall enter a transfer to the issuing agency 17 5 on the docket, and shall return the warrant with the original 17 6 citation attached to the law enforcement agency which issued 17 7 the original or electronically produced citation for 17 8 enforcement of the warrant. Upon arrest of the defendant, the 17 9 warrant and the original or electronically produced citation 17 10 shall be returned to the court, and the offenses shall be 17 11 heard and disposed of simultaneously. 17 12 Sec. 26. Section 805.6, subsection 1, paragraph a, 17 13 unnumbered paragraph 3, Code 1995, is amended to read as 17 14 follows: 17 15 Notwithstanding other contrary requirements of this 17 16 section, a uniform citation and complaint may be originated 17 17 from a computerized device. The officer issuing the citation 17 18 through a computerized device shall obtain electronically the 17 19 signature of the person cited as provided in section 805.3 and 17 20 shall give two copies of the citation to the person cited and 17 21 shall provide a record of the citation to the court where the 17 22 person cited is to appear and to the law enforcement agency of 17 23 the officer by an electronic process which accurately 17 24 reproduces or forms a durable medium for accurately and 17 25 legibly reproducing an unaltered image or copy of the 17 26 citation. 17 27 Sec. 27. Section 321F.7, Code 1995, is repealed. 17 28 Sec. 28. EFFECTIVE DATE. Section 15 of this Act, amending 17 29 section 321.189, subsection 7, being deemed of immediate 17 30 importance, takes effect upon enactment. 17 31 EXPLANATION 17 32 Section 321.13 is amended to allow the department to retain 17 33 a record or document if it appears, or is later determined, 17 34 that the record or document is fictitious or unlawfully or 17 35 erroneously issued. 18 1 Section 321.34, subsection 2, and section 321.166, subsec- 18 2 tion 7, are amended to permit the issuance of one validation 18 3 sticker containing both the month and year of expiration for 18 4 use on registration plates instead of current law which pro- 18 5 vides for issuance of two stickers, one for the month and one 18 6 for the year. 18 7 The bill changes section 321.34, subsection 7, and section 18 8 321L.2, subsection 3, to eliminate the additional $5 charge 18 9 for certain handicapped identification permits. 18 10 Section 321.47 allows the county treasurer to transfer 18 11 title to a motor vehicle if it has been ordered in a 18 12 dissolution decree. A person who has been granted title to a 18 13 motor vehicle must otherwise comply with other requirements 18 14 for transferring title. 18 15 Sections 321.89 and 321.90 require the acquisition of a 18 16 junking certificate for demolishing vehicles which have been 18 17 abandoned. Current law allows a demolisher to demolish, 18 18 wreck, or dismantle an abandoned vehicle purchased at an 18 19 auction without further titling of the vehicle. This bill 18 20 provides that the demolisher must apply for a junking 18 21 certificate within 15 days of purchase and can use the sales 18 22 receipt in lieu of a certificate of title. In addition, a 18 23 person who wishes to dispose of an abandoned motor vehicle, or 18 24 any person or governmental body upon whose property a motor 18 25 vehicle has been abandoned or a person who is the owner but 18 26 whose title is faulty, lost, or destroyed, may dispose of the 18 27 vehicle by obtaining a certificate of authority from the 18 28 police authority and then using the certificate in lieu of a 18 29 certificate of title in order to obtain a junking certificate. 18 30 Current law allows the person or governmental unit to transfer 18 31 the abandoned motor vehicle to a demolisher without obtaining 18 32 a junking certificate. 18 33 Section 321.126, subsection 6, is amended to allow county 18 34 treasurers to refund registration fees for vehicles sold or 18 35 junked. 19 1 Section 321.166, subsection 2, is amended to require per- 19 2 sonalized registration plates to display the county name. 19 3 Section 321.182 is amended to require an applicant for a 19 4 motor vehicle license to surrender all nonoperator's identi- 19 5 fication cards. 19 6 Section 321.189, subsection 7, exempts motorcycle operators 19 7 who obtain a permit prior to May 1, 1995, from the motorcycle 19 8 education requirement of the subsection. This portion of the 19 9 Act takes effect upon enactment. 19 10 Section 321.423 allows the chief of a fire department to 19 11 issue an authorization for a member of the fire department to 19 12 use a flashing blue light on the person's own vehicle rather 19 13 than requiring the director of transportation to do so. The 19 14 person must relinquish the authorization to the fire chief 19 15 when it expires or when circumstances change so that the 19 16 member no longer needs the authorization. 19 17 Amendments to sections 321.484 and 321F.6 and the repeal of 19 18 section 321F.7 eliminate the requirements for a lessor of a 19 19 motor vehicle to file a copy of a certificate evidencing 19 20 financial responsibility and a copy of the lease with the 19 21 department. Evidence of financial responsibility and the 19 22 lease must still be carried in the leased vehicle at all 19 23 times. 19 24 Amendments to section 327B.1 eliminate the filing fee for 19 25 motor carriers with interstate commerce commission authority 19 26 while retaining the filing fee for motor carriers exempt from 19 27 interstate commerce commission authority and authorize 19 28 collection of an annual $1 fee per vehicle to issue the 19 29 registration. 19 30 Amendments to section 327B.6 allow the department to accept 19 31 insurance filings for regulated motor carriers from insurance 19 32 carriers authorized to do business in any state and accepted 19 33 by the interstate commerce commission, eliminate citing 19 34 obsolete references for filing forms, and make applicable only 19 35 to exempt carriers the revocation of registration when 20 1 insurance lapses. If interstate commerce commission-regulated 20 2 motor carriers' insurance lapses, the registration receipt is 20 3 no longer valid. 20 4 New section 327B.7 provides for reciprocity with other 20 5 states for an exempt commodity base state registration system. 20 6 The amendments to chapter 805 provide that a citation 20 7 produced electronically shall provide a means for obtaining 20 8 the cited person's signature. 20 9 BACKGROUND STATEMENT 20 10 SUBMITTED BY THE AGENCY 20 11 The amendment to section 321.13 allows the department to 20 12 retain and hold fraudulent documents, such as fictitious im- 20 13 migration papers and birth certificates, which are not 20 14 property of the department until an investigation is 20 15 completed. 20 16 Sections 321.19, 321.34, subsections 2 and 7, 321.123, and 20 17 321.166, subsections 2 and 7, are amended pursuant to changes 20 18 proposed by an industry work group in preparation for a 20 19 vehicle registration plate reissue. The changes include 20 20 adding the county name on more registration plates and using 20 21 only one registration sticker per set of plates. The changes 20 22 will improve inventory control, cost, and efficiency. 20 23 The changes to sections 321.34, subsection 7, and 321L.2, 20 24 subsection 3, eliminate the additional fees associated with 20 25 handicapped parking permits and registration plates. The 20 26 federal American with Disabilities Act prohibits additional 20 27 costs for accommodating citizens with disabilities. 20 28 In an effort to reduce paperwork, the changes to section 20 29 321.47 allow the department to use a copy of a divorce decree 20 30 to transfer title to a vehicle. 20 31 The proposed amendments to sections 321.89 and 321.90 would 20 32 ensure that junked or demolished vehicles are removed from the 20 33 vehicle registration system. 20 34 Section 321.166, subsection 6, is amended to allow county 20 35 treasurers to refund registration fees for vehicles sold or 21 1 junked. 21 2 The amendment to section 321.423 places the authority to 21 3 issue permits for blue lights with the local fire chief, 21 4 reducing the department's paperwork. 21 5 The changes to sections 321.484 and 321F.6 and the repeal 21 6 of section 321F.7 reduce unnecessary paperwork by eliminating 21 7 the requirement for a lessor to file evidence of financial 21 8 responsibility and a copy of the lease. It does not eliminate 21 9 the requirement to carry evidence of financial responsibility 21 10 and a copy of the lease in the vehicle. 21 11 Amending sections 327B.1 and 327B.6 are technical 21 12 corrections necessary to comply with federal regulations. New 21 13 section 327B.7 allows for reciprocity with other states to 21 14 maintain an exempt commodity base state registration system. 21 15 The amendments to chapter 805 are technical corrections 21 16 concerning the use of electronically produced citations. 21 17 LSB 1195DP 76 21 18 ec/jw/5.1
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