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Senate File 290

Partial Bill History

Bill Text

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 vehicle has a gross vehicle or 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 321.1, subsection 76, Code 1995, is
  1  9 amended to read as follows:
  1 10    76.  A "special "Special truck" means a motor truck or
  1 11 truck tractor not used for hire with a gross weight
  1 12 registration of six through thirty-two tons used by a person
  1 13 engaged in farming to transport commodities produced only by
  1 14 the owner, or to transport commodities purchased by the owner
  1 15 for use in the owner's own farming operation or occasional use
  1 16 for charitable purposes.  "Special truck" also means a motor
  1 17 truck or truck tractor not used for hire with a gross weight
  1 18 registration of six through thirty-two tons used by a person
  1 19 engaged in farming who assists another person engaged in
  1 20 farming through an exchange of services.  A "special truck"
  1 21 does not include a truck tractor operated more than seventy-
  1 22 five hundred miles annually.
  1 23    Sec. 3.  Section 321.13, Code 1995, is amended to read as
  1 24 follows:
  1 25    321.13  AUTHORITY TO GRANT OR REFUSE APPLICATIONS.
  1 26    The department shall examine and determine the genuineness,
  1 27 regularity, and legality of every application lawfully made to
  1 28 the department, and may in all cases make investigation as may
  1 29 be deemed necessary investigate or require additional
  1 30 information, and shall.  The department may reject any such
  1 31 application if not satisfied of the genuineness, regularity,
  1 32 or legality thereof of the application or the truth of any
  1 33 statement contained therein made within the application, or
  1 34 for any other reason, when authorized by law.  The department
  1 35 may retain possession of any record or document until the
  2  1 investigation of the application is completed if it appears
  2  2 that the record or document is fictitious or unlawfully or
  2  3 erroneously issued and shall not return the record or document
  2  4 if it is determined to be fictitious or unlawfully or
  2  5 erroneously issued.
  2  6    Sec. 4.  Section 321.18, subsection 7, Code 1995, is
  2  7 amended to read as follows:
  2  8    7.  Any school bus in this state used exclusively for the
  2  9 transportation of pupils to and from school or a school
  2 10 function or for the purposes provided in section 285.1,
  2 11 subsection 1, and section 285.10, subsection 9, or used
  2 12 exclusively for the transportation of children enrolled in a
  2 13 federal head start program.  Upon application the department
  2 14 shall, without charge, issue a registration certificate and
  2 15 shall also issue registration plates which shall have
  2 16 imprinted thereon the words "Private School Bus" and a
  2 17 distinguishing number assigned to the applicant.  Such plates
  2 18 shall be attached to the front and rear of each bus exempt
  2 19 from registration under this subsection.
  2 20    Sec. 5.  Section 321.19, subsection 1, unnumbered paragraph
  2 21 2, Code 1995, is amended to read as follows:
  2 22    The department shall furnish, on application, free of
  2 23 charge, distinguishing plates for vehicles thus exempted,
  2 24 which plates except plates on Iowa highway safety patrol
  2 25 vehicles shall bear the word "official" and the department
  2 26 shall keep a separate record.  Registration plates issued for
  2 27 Iowa highway safety patrol vehicles, except unmarked patrol
  2 28 vehicles, shall bear two red stars on a yellow background, one
  2 29 before and one following the registration number on the plate,
  2 30 which registration number shall be the officer's badge number.
  2 31 Registration plates issued for a county sheriff's patrol
  2 32 vehicles shall display one seven-pointed gold star on a green
  2 33 background followed by the letter "S" and the call number of
  2 34 the vehicle.  However, the director of general services or the
  2 35 director of transportation may order the issuance of regular
  3  1 registration plates for any exempted vehicle used by peace
  3  2 officers in the enforcement of the law, persons enforcing
  3  3 chapter 124 and other laws relating to controlled substances,
  3  4 persons in the department of justice and the department of
  3  5 inspections and appeals who are regularly assigned to conduct
  3  6 investigations which cannot reasonably be conducted with a
  3  7 vehicle displaying "official" state registration plates, and
  3  8 persons in the lottery division of the department of revenue
  3  9 and finance whose regularly assigned duties relating to
  3 10 security or the carrying of lottery tickets cannot reasonably
  3 11 be conducted with a vehicle displaying "official" registration
  3 12 plates.  For purposes of sale of exempted vehicles, the
  3 13 exempted governmental body, upon the sale of the exempted
  3 14 vehicle, may issue for in-transit purposes a pasteboard card
  3 15 bearing the words "Vehicle in Transit", the name of the
  3 16 official body from which the vehicle was purchased, together
  3 17 with the date of the purchase plainly marked in at least one-
  3 18 inch letters, and other information required by the
  3 19 department.  The in-transit card is valid for use only within
  3 20 forty-eight hours after the purchase date as indicated on the
  3 21 bill of sale which shall be carried by the driver.
  3 22    Sec. 6.  NEW SECTION.  321.20A  CERTIFICATE OF TITLE &endash;
  3 23 COMMERCIAL MOTOR VEHICLES.
  3 24    1.  Notwithstanding other provisions of this chapter, the
  3 25 owner of a commercial motor vehicle with a gross vehicle
  3 26 weight rating of twenty-six thousand one pounds or more,
  3 27 subject to the proportional registration provisions of chapter
  3 28 326, may make application to the department for a certificate
  3 29 of title.  The application for certificate of title shall be
  3 30 made within fifteen days of purchase or transfer and
  3 31 accompanied by a ten dollar title fee and appropriate use tax.
  3 32    2.  A commercial motor vehicle issued a certificate of
  3 33 title under this section shall not be subject to registration
  3 34 fees until the commercial motor vehicle is driven upon the
  3 35 highways.  The registration fee due shall be prorated for the
  4  1 remaining unexpired months of the registration year.
  4  2 Ownership of a commercial motor vehicle issued a certificate
  4  3 of title under this section shall not be transferred until
  4  4 registration fees have been paid to the department.
  4  5    3.  The certificate of title provision for commercial motor
  4  6 vehicles with a gross vehicle weight rating of twenty-six
  4  7 thousand one pounds or more shall apply to owners with fleets
  4  8 of more than fifty commercial motor vehicles based in Iowa
  4  9 under the proportional registration provisions of chapter 326.
  4 10 The original certificate of title shall be delivered to the
  4 11 owner if no security interest or encumbrance appear on the
  4 12 certificate, otherwise the certificate of title shall be
  4 13 delivered by the department to the person holding the first
  4 14 security interest or encumbrance as shown on the certificate
  4 15 of title.
  4 16    Sec. 7.  Section 321.34, subsection 2, Code 1995, is
  4 17 amended to read as follows:
  4 18    2.  VALIDATION STICKERS.  In lieu of issuing new
  4 19 registration plates each registration year for a vehicle
  4 20 renewing registration, the department may reassign the
  4 21 registration plates previously issued to the vehicle and may
  4 22 adopt and prescribe an annual validation stickers sticker
  4 23 indicating payment of registration fees.  The department shall
  4 24 issue two one validation stickers sticker for each set of
  4 25 registration plates.  One The sticker shall specify the month
  4 26 and year of expiration of the registration period plates.  The
  4 27 second sticker shall specify the month of expiration of the
  4 28 registration period and need not be reissued annually.  The
  4 29 month of registration shall not be required on registration
  4 30 plates or validation stickers issued for vehicles registered
  4 31 under chapter 326.  The stickers sticker shall be displayed
  4 32 only on the rear registration plate, except that the stickers
  4 33 sticker shall be displayed on the front registration plate of
  4 34 a truck-tractor.
  4 35    The state department of transportation shall promulgate
  5  1 adopt rules to provide for the placement of the motor vehicle
  5  2 registration validation stickers on all registration plates
  5  3 issued for the motor vehicle when such validation stickers are
  5  4 issued in lieu of issuing new registration plates under the
  5  5 provisions of this section sticker.
  5  6    Sec. 8.  Section 321.34, subsection 4, Code 1995, is
  5  7 amended to read as follows:
  5  8    4.  MULTIYEAR PLATES.  In lieu of issuing annual
  5  9 registration plates for trailers and semitrailers, the
  5 10 department may issue a multiyear registration plates plate for
  5 11 a three-year period or a six-year period permanent
  5 12 registration plate for trailers and semitrailers licensed
  5 13 under chapter 326 upon payment of the appropriate registration
  5 14 fee.  Payment of fees to the department for a permanent
  5 15 registration plate shall, at the option of the registrant, be
  5 16 made at five-year intervals or on an annual basis.  Fees from
  5 17 three-year and six-year five-year payments shall not be
  5 18 reduced or prorated.
  5 19    Sec. 9.  Section 321.34, subsection 7, Code 1995, is
  5 20 amended to read as follows:
  5 21    7.  HANDICAPPED PLATES.  The owner of a motor vehicle
  5 22 subject to registration pursuant to section 321.109,
  5 23 subsection 1, light delivery truck, panel delivery truck, or
  5 24 pickup, who is a handicapped person, or who is the parent or
  5 25 guardian of a child who resides with the parent or guardian
  5 26 owner and who is a handicapped person, as defined in section
  5 27 321L.1, may, upon written application to the department, order
  5 28 handicapped registration plates designed by the department
  5 29 bearing the international symbol of accessibility.  The
  5 30 handicapped registration plates shall only be issued if the
  5 31 application is accompanied with a statement from a physician
  5 32 licensed under chapter 148, 149, 150, or 150A, or a
  5 33 chiropractor licensed under chapter 151, written on the
  5 34 physician's or chiropractor's stationery, stating the nature
  5 35 of the applicant's or the applicant's child's handicap and
  6  1 such additional information as required by rules adopted by
  6  2 the department, including proof of residency of a child who is
  6  3 a handicapped person.  If the application is approved by the
  6  4 department the handicapped registration plates shall be issued
  6  5 to the applicant in exchange for the previous registration
  6  6 plates issued to the person.  The fee for the handicapped
  6  7 plates is five dollars which is in addition to the regular
  6  8 annual registration fee.  The department shall validate the
  6  9 handicapped plates in the same manner as regular registration
  6 10 plates are validated under this section at the regular annual
  6 11 registration fee.  However, the handicapped plates shall not
  6 12 be renewed without the applicant furnishing evidence to the
  6 13 department that the owner of the motor vehicle or the owner's
  6 14 child is still a handicapped person as defined in section
  6 15 321L.1, unless the applicant has previously provided
  6 16 satisfactory evidence to the department that the owner of the
  6 17 vehicle or the owner's child is permanently handicapped in
  6 18 which case the furnishing of additional evidence shall not be
  6 19 required for renewal.  However, an owner who has a child who
  6 20 is a handicapped person shall provide satisfactory evidence to
  6 21 the department that the handicapped child continues to reside
  6 22 with the owner.  The handicapped registration plates shall be
  6 23 surrendered in exchange for regular registration plates when
  6 24 the owner of the motor vehicle or the owner's child no longer
  6 25 qualifies as a handicapped person as defined in section 321L.1
  6 26 or when the owner's child who is a handicapped person no
  6 27 longer resides with the owner.
  6 28    Sec. 10.  Section 321.35, Code 1995, is amended to read as
  6 29 follows:
  6 30    321.35  PLATES &endash; REFLECTIVE MATERIAL &endash; BID PROCEDURES.
  6 31    All motor vehicle registration plates shall be treated with
  6 32 a reflective material according to specifications prescribed
  6 33 proposed by the director and approved by the commission.
  6 34    The department shall not enter into any contract requiring
  6 35 an expenditure of at least five hundred thousand dollars for
  7  1 the manufacture of motor vehicle registration plates to be
  7  2 reissued to owners under this chapter unless competitive
  7  3 bidding procedures as provided in chapter 18 are followed.
  7  4    Sec. 11.  Section 321.47, unnumbered paragraph 1, Code
  7  5 1995, is amended to read as follows:
  7  6    In the event of the transfer of If ownership of a vehicle
  7  7 is transferred by operation of law as upon inheritance, devise
  7  8 or bequest, dissolution decree, order in bankruptcy,
  7  9 insolvency, replevin, foreclosure or execution sale, abandoned
  7 10 vehicle sale, or when the engine of a motor vehicle is
  7 11 replaced by another engine, or a vehicle is sold or
  7 12 transferred to satisfy an artisan's lien as provided in
  7 13 chapter 577, a landlord's lien as provided in chapter 570, a
  7 14 storage lien as provided in chapter 579, a judgment in an
  7 15 action for abandonment of a mobile home as provided in chapter
  7 16 555B, or repossession is had upon default in performance of
  7 17 the terms of a security agreement, the county treasurer in the
  7 18 transferee's county of residence, upon the surrender of the
  7 19 prior certificate of title or the manufacturer's or importer's
  7 20 certificate, or when that is not possible, upon presentation
  7 21 of satisfactory proof to the county treasurer of ownership and
  7 22 right of possession to the vehicle and upon payment of a fee
  7 23 of ten dollars and the presentation of an application for
  7 24 registration and certificate of title, may issue to the
  7 25 applicant a registration card for the vehicle and a
  7 26 certificate of title to it the vehicle.  A person entitled to
  7 27 ownership of a vehicle under a decree of dissolution shall
  7 28 surrender a certified copy of the dissolution and upon
  7 29 fulfilling the other requirements of this chapter is entitled
  7 30 to a certificate of title and registration receipt issued in
  7 31 the person's name.
  7 32    PARAGRAPH DIVIDED.  The persons entitled under the laws of
  7 33 descent and distribution of an intestate's property to the
  7 34 possession and ownership of a vehicle owned in whole or in
  7 35 part by a decedent, upon filing an affidavit stating the name
  8  1 and date of death of the decedent, the right to possession and
  8  2 ownership of the persons filing the affidavit, and that there
  8  3 has been no administration of the decedent's estate, which
  8  4 instrument shall also contain an agreement to indemnify
  8  5 creditors of the decedent who would be entitled to levy
  8  6 execution upon the motor vehicle to the extent of the value of
  8  7 the motor vehicle, are entitled upon fulfilling the other
  8  8 requirements of this chapter, to the issuance of a
  8  9 registration card for the interest of the decedent in the
  8 10 vehicle and a certificate of title to it.  If a decedent dies
  8 11 testate, and either the will is not probated or is admitted to
  8 12 probate without administration, the persons entitled to the
  8 13 possession and ownership of a vehicle owned in whole or in
  8 14 part by the decedent may file an affidavit, and upon
  8 15 fulfilling the other requirements of this chapter, are
  8 16 entitled to the issuance of a registration card for the
  8 17 interest of the decedent in the vehicle and a certificate of
  8 18 title to the vehicle.  The affidavit shall contain the same
  8 19 information and indemnity agreement as is required in cases of
  8 20 intestacy pursuant to this section.  No requirement of chapter
  8 21 450 or 451 shall be considered satisfied by the filing of the
  8 22 affidavit provided for in this section.  If, from the records
  8 23 in the office of the county treasurer, there appear to be any
  8 24 liens on the vehicle, the certificate of title shall contain a
  8 25 statement of the liens unless the application is accompanied
  8 26 by proper evidence of their satisfaction or extinction.
  8 27 Evidence of extinction may consist of, but is not limited to,
  8 28 an affidavit of the applicant stating that a security interest
  8 29 was foreclosed as provided in Uniform Commercial Code, chapter
  8 30 554, article 9, part 5.
  8 31    Sec. 12.  Section 321.52A, Code 1995, is amended to read as
  8 32 follows:
  8 33    321.52A  CERTIFICATE OF TITLE SURCHARGE.
  8 34    In addition to the fee required for the issuance of a
  8 35 certificate of title under section 321.20, 321.20A, 321.23,
  9  1 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge
  9  2 of five dollars shall be required.  Of each surcharge
  9  3 collected under those sections, the county treasurer shall
  9  4 remit five dollars to the office of treasurer of state for
  9  5 deposit in the general fund of the state.
  9  6    Sec. 13.  Section 321.89, subsection 4, unnumbered
  9  7 paragraph 1, Code 1995, is amended to read as follows:
  9  8    If an abandoned vehicle has not been reclaimed as provided
  9  9 for in subsection 3, the police authority shall make a
  9 10 determination as to whether or not the vehicle shall be sold
  9 11 for use upon the highways.  If the vehicle is not sold for use
  9 12 upon the highways, it shall be sold for junk, or demolished
  9 13 and sold as scrap.  The police authority shall sell the
  9 14 vehicle at public auction.  Notwithstanding any other
  9 15 provision of this section, any police authority, which has
  9 16 taken into possession any abandoned vehicle which lacks an
  9 17 engine or two or more wheels or another part which renders the
  9 18 vehicle totally inoperable may dispose of the vehicle to a
  9 19 demolisher for junk after complying with the notification
  9 20 procedures enumerated in subsection 3 and without public
  9 21 auction.  The purchaser of the vehicle takes title free and
  9 22 clear of all liens and claims of ownership, shall receive a
  9 23 sales receipt from the police authority, and is entitled to
  9 24 register the vehicle and receive a certificate of title if
  9 25 sold for use upon the highways.  However, if If the vehicle is
  9 26 sold or disposed of to a demolisher for junk, the sales
  9 27 receipt by itself is sufficient title only for purposes of
  9 28 transferring the vehicle to the demolisher for demolition,
  9 29 wrecking, or dismantling and, when so transferred, no further
  9 30 titling of the vehicle is permitted demolisher shall make
  9 31 application for a junking certificate to the county treasurer
  9 32 within fifteen days of purchase and shall surrender the sales
  9 33 receipt in lieu of the certificate of title.
  9 34    PARAGRAPH DIVIDED.  From the proceeds of the sale of an
  9 35 abandoned vehicle the police authority shall reimburse itself
 10  1 for the expenses of the auction, the costs of towing,
 10  2 preserving, and storing which resulted from placing the
 10  3 abandoned vehicle in custody, all notice and publication costs
 10  4 incurred pursuant to subsection 3, the cost of inspection, and
 10  5 any other costs incurred except costs of bookkeeping and other
 10  6 administrative costs.  Any remainder from the proceeds of a
 10  7 sale shall be held for the owner of the vehicle or entitled
 10  8 lienholder for ninety days, and shall then be deposited in the
 10  9 road use tax fund.  The costs to police authorities of
 10 10 auction, towing, preserving, storage, and all notice and
 10 11 publication costs, and all other costs which result from
 10 12 placing abandoned vehicles in custody, whenever the proceeds
 10 13 from a sale of the abandoned vehicles are insufficient to meet
 10 14 these expenses and costs, shall be paid from the road use tax
 10 15 fund.
 10 16    Sec. 14.  Section 321.90, subsection 2, paragraphs d, e,
 10 17 and f, Code 1995, are amended to read as follows:
 10 18    d.  If the abandoned motor vehicle is not reclaimed in
 10 19 accordance with section 321.89, subsection 3, or no lienholder
 10 20 objects to the disposal in the case of an owner-applicant, the
 10 21 police authority shall give the applicant a certificate of
 10 22 authority to dispose of allowing the applicant to obtain a
 10 23 junking certificate for the motor vehicle to any demolisher
 10 24 for demolition, wrecking, or dismantling.  The demolisher
 10 25 applicant shall make application for a junking certificate to
 10 26 the county treasurer within fifteen days of purchase and
 10 27 surrender the certificate of authority in lieu of the
 10 28 certificate of title.  The demolisher shall accept such the
 10 29 junking certificate in lieu of the certificate of title to the
 10 30 motor vehicle.
 10 31    e.  Notwithstanding any other provisions of this section
 10 32 and sections 321.89 and 321.91, any person, firm, corporation,
 10 33 or unit of government upon whose property or in whose
 10 34 possession is found any abandoned motor vehicle, or any person
 10 35 being the owner of a motor vehicle whose title certificate is
 11  1 faulty, lost, or destroyed, may dispose of such motor vehicle
 11  2 to a demolisher for junk without a title and without the
 11  3 notification procedures of section 321.89, subsection 3, if
 11  4 the motor vehicle lacks an engine or two or more wheels or
 11  5 other structural part which renders the vehicle totally
 11  6 inoperable.  The police authority shall give the applicant a
 11  7 certificate of authority.  The owner shall apply to the county
 11  8 treasurer for a junking certificate within fifteen days of
 11  9 purchase and shall surrender the certificate of authority in
 11 10 lieu of the certificate of title.
 11 11    f.  The owner of an abandoned motor vehicle and all
 11 12 lienholders shall no longer have any right, title, claim, or
 11 13 interest in or to such the motor vehicle; and no court in any
 11 14 case in law or equity shall recognize any right, title, claim,
 11 15 or interest of any such owner and or lienholders after the
 11 16 disposal of such the motor vehicle to a demolisher.
 11 17    Sec. 15.  Section 321.90, subsection 3, Code 1995, is
 11 18 amended to read as follows:
 11 19    3.  DUTIES OF DEMOLISHERS.
 11 20    a.  Any demolisher who purchases or otherwise acquires an
 11 21 abandoned motor vehicle for junk under the provisions of this
 11 22 section shall junk, scrap, wreck, dismantle, or demolish such
 11 23 motor vehicle.  However, if the vehicle is acquired under the
 11 24 provisions of subsection 2, paragraph "e", the demolisher
 11 25 shall apply to the police authority of the jurisdiction from
 11 26 which the vehicle was acquired for a certificate of authority
 11 27 to demolish the vehicle.  In making the application the
 11 28 demolisher shall describe the motor vehicle as required by
 11 29 subsection 2, paragraph "b".  The police authority shall issue
 11 30 the certificate of authority upon complying with subsection 2,
 11 31 paragraph "c", but shall be excused from following the
 11 32 notification procedures as required therein.  No further
 11 33 titling of the motor vehicle shall be permitted.  After the
 11 34 motor vehicle has been demolished, processed, or changed so
 11 35 that it physically is no longer a motor vehicle, the
 12  1 demolisher shall surrender the auction sales receipt or
 12  2 certificate of authority to dispose of or demolish a motor
 12  3 vehicle to the department for cancellation.  The department
 12  4 shall issue such forms and rules governing the surrender of
 12  5 auction sales receipts, certificates of title, and
 12  6 certificates of authority to dispose of or demolish motor
 12  7 vehicles, and the cancellation and surrender of the
 12  8 registrations and certificates of title for such motor
 12  9 vehicles as are appropriate.  A demolisher shall not junk,
 12 10 scrap, wreck, dismantle, or demolish a vehicle until the
 12 11 demolisher has obtained the junking certificate issued for the
 12 12 vehicle.
 12 13    b.  A demolisher shall keep an accurate and complete record
 12 14 of all motor vehicles purchased or received by the demolisher
 12 15 in the course of the demolisher's business.  These records
 12 16 shall contain the name and address of the person from whom
 12 17 each such motor vehicle was purchased or received and the date
 12 18 when such the purchases or receipts occurred.  Such The
 12 19 records shall be open for inspection by any police authority
 12 20 at any time during normal business hours.  Any record required
 12 21 by this section shall be kept by the demolisher for at least
 12 22 one year after the transaction to which it applies.
 12 23    Sec. 16.  Section 321.105, unnumbered paragraph 4, Code
 12 24 1995, is amended to read as follows:
 12 25    In addition to the payment of an annual registration fee
 12 26 for each trailer and semitrailer to be issued an Iowa annual
 12 27 registration plate, an additional registration fee may be paid
 12 28 for a period of two or five four subsequent registration
 12 29 years.
 12 30    Sec. 17.  Section 321.122, subsection 2, Code 1995, is
 12 31 amended to read as follows:
 12 32    2.  a.  For semitrailers the annual registration fee is ten
 12 33 dollars which shall not be reduced or prorated under chapter
 12 34 326.  However, if the registration fee is paid for a six-year
 12 35 period, the total fee is fifty dollars which shall not be
 13  1 reduced or prorated under chapter 326.
 13  2    b.  For trailers and semitrailers licensed under chapter
 13  3 326, the annual registration fee for the permanent
 13  4 registration plate shall be ten dollars which shall not be
 13  5 reduced or prorated under chapter 326.  The registration fees
 13  6 for a permanent registration plate shall, at the option of the
 13  7 registrant, be remitted to the department at five-year
 13  8 intervals or on an annual basis.
 13  9    Sec. 18.  Section 321.123, subsection 1, unnumbered para-
 13 10 graph 1, Code 1995, is amended to read as follows:
 13 11    Travel trailers and fifth-wheel travel trailers, except
 13 12 those in manufacturer's or dealer's stock, an annual fee of
 13 13 twenty cents per square foot of floor space computed on the
 13 14 exterior overall measurements, but excluding three feet
 13 15 occupied by any trailer hitch as provided by and certified to
 13 16 by the owner, to the nearest whole dollar, which amount shall
 13 17 not be prorated or refunded; except the annual fee for travel
 13 18 trailers of any type, when registered in Iowa for the first
 13 19 time or when removed from a manufacturer's or dealer's stock,
 13 20 shall be prorated on a monthly basis.  The registrant of a
 13 21 travel trailer of any type shall be issued a "travel trailer"
 13 22 plate.  It is further provided the annual fee thus computed
 13 23 shall be limited to seventy-five percent of the full fee after
 13 24 the vehicle is more than six model years old.
 13 25    Sec. 19.  Section 321.126, subsection 6, unnumbered
 13 26 paragraph 1, Code 1995, is amended to read as follows:
 13 27    If a vehicle is sold or junked, the owner in whose name the
 13 28 vehicle was registered may make claim to the county treasurer
 13 29 or department for a refund of the sold or junked vehicle's
 13 30 registration fee.  Also if the owner of a vehicle receives a
 13 31 vehicle registration fee credit under section 321.46,
 13 32 subsection 3, and the credit allowed exceeds the amount of the
 13 33 registration fee for the vehicle acquired, the owner may claim
 13 34 a refund for the balance of the credit.  The refund is subject
 13 35 to the following limitations:
 14  1    Sec. 20.  Section 321.166, subsection 7, Code 1995, is
 14  2 amended to read as follows:
 14  3    7.  The year and month of expiration of registration, which
 14  4 may be abbreviated, shall be displayed on vehicle registration
 14  5 plates issued by the county treasurer.  A distinctive emblem
 14  6 or validation sticker may be prescribed by the department to
 14  7 designate the year and month of expiration which shall be
 14  8 attached to the embossed area on the plate located at the
 14  9 lower corners of the registration plate.  The year and month
 14 10 of expiration shall not be required to be displayed on plates
 14 11 issued under section 321.19.
 14 12    Sec. 21.  Section 321.182, subsection 2, Code 1995, is
 14 13 amended to read as follows:
 14 14    2.  Surrender all other motor vehicle licenses and
 14 15 nonoperator's identification cards.
 14 16    Sec. 22.  Section 321.189, subsection 7, paragraphs a and
 14 17 b, Code 1995, are amended to read as follows:
 14 18    a.  An operator who has been issued a class M license prior
 14 19 to July 1, 1994 May 1, 1997.
 14 20    b.  An operator who is renewing the operator's class M
 14 21 license issued prior to July 1, 1994 May 1, 1997.
 14 22    Sec. 23.  NEW SECTION.  321.253B  METRIC SIGNS RESTRICTED.
 14 23    The department shall not place a sign relating to a speed
 14 24 limit, distance, or measurement on a highway if the sign
 14 25 establishes the speed limit, distance, or measurement solely
 14 26 by using the metric system, unless specifically required by
 14 27 federal law.
 14 28    Sec. 24.  Section 321.372, subsection 1, unnumbered
 14 29 paragraph 1, Code 1995, is amended to read as follows:
 14 30    The driver of a school bus used to transport children to
 14 31 and from a public or private school shall, when stopping to
 14 32 receive or discharge pupils, turn on flashing warning lamps at
 14 33 a distance of not less than three hundred feet nor more than
 14 34 five hundred feet from the point where the pupils are to be
 14 35 received or discharged from the bus if the speed limit at that
 15  1 point is forty-five miles per hour or greater and shall turn
 15  2 on flashing warning lamps at a distance of not less than one
 15  3 hundred fifty feet from the point where the pupils are to be
 15  4 received or discharged from the bus if the speed limit at that
 15  5 point is less than forty-five miles per hour.  At the point of
 15  6 receiving or discharging pupils the driver of the bus shall
 15  7 bring the bus to a stop, turn off the amber flashing warning
 15  8 lamps, turn on the red flashing warning lamps, and extend the
 15  9 stop arm.  After receiving or discharging pupils, the bus
 15 10 driver shall turn off all flashing warning lamps, retract the
 15 11 stop arm and proceed on the route.  Except to the extent that
 15 12 reduced visibility is caused by fog, snow or other weather
 15 13 conditions, a school bus shall not stop to receive or
 15 14 discharge pupils unless there is at least three hundred feet
 15 15 of unobstructed vision in each direction.  However, the driver
 15 16 of a school bus is not required to use flashing warning lamps
 15 17 and the stop arm when receiving or discharging pupils at a
 15 18 designated loading and unloading zone at a school attendance
 15 19 center or at extracurricular or educational activity locations
 15 20 where students exiting the bus do not have to cross the street
 15 21 or highway.
 15 22    Sec. 25.  Section 321.423, subsections 3 and 4, Code 1995,
 15 23 are amended to read as follows:
 15 24    3.  BLUE LIGHT.  A blue light shall not be used on any
 15 25 vehicle except for the following:
 15 26    a.  A vehicle owned or exclusively operated by a fire
 15 27 department; or.
 15 28    b.  A vehicle authorized by the director when: chief of the
 15 29 fire department if
 15 30    (1)  The the vehicle is owned by a member of a the fire
 15 31 department.
 15 32    (2)  The, the request for authorization is made by the
 15 33 member on forms provided by the department.
 15 34    (3)  Necessity, and necessity for authorization is
 15 35 demonstrated in the request.
 16  1    (4)  The chief of the fire department certifies that the
 16  2 member is in good standing with the fire department and
 16  3 recommends that the authorization be granted.
 16  4    4.  EXPIRATION OF AUTHORITY.  The authorization shall
 16  5 expire at midnight on the thirty-first day of December five
 16  6 years from the year in which it was issued, or when the
 16  7 vehicle is no longer owned by the member, or when the member
 16  8 has ceased to be an active member of the fire department or of
 16  9 an ambulance, rescue, or first responder service or when the
 16 10 member has used the blue or white light beyond the scope of
 16 11 its authorized use.  A person issued an authorization under
 16 12 subsection 3, paragraph "b", shall return the authorization to
 16 13 the fire chief upon expiration or upon a determination by the
 16 14 fire chief or the department that the authorization should be
 16 15 revoked.
 16 16    Sec. 26.  Section 321.463, Code 1995, is amended by adding
 16 17 the following new unnumbered paragraph after unnumbered
 16 18 paragraph 2:
 16 19    NEW UNNUMBERED PARAGRAPH.  Notwithstanding other provisions
 16 20 of this chapter to the contrary, indivisible loads operating
 16 21 under the permit requirements of sections 321E.7, 321E.8, and
 16 22 321E.9 shall be allowed a maximum of twenty thousand pounds
 16 23 per axle.
 16 24    Sec. 27.  Section 321.484, unnumbered paragraph 2, Code
 16 25 1995, is amended to read as follows:
 16 26    The owner of a vehicle shall not be held responsible for a
 16 27 violation of a provision regulating the stopping, standing, or
 16 28 parking of a vehicle, whether the provision is contained in
 16 29 this chapter, or chapter 321L, or an ordinance or other
 16 30 regulation or rule, if the owner establishes that at the time
 16 31 of the violation the vehicle was in the custody of an
 16 32 identified person other than the owner pursuant to a lease as
 16 33 defined in chapter 321F.  The furnishing to the clerk of the
 16 34 district court where the charge is pending of a copy of the
 16 35 certificate of responsibility lease prescribed by section
 17  1 321F.6 that was in effect for the vehicle at the time of the
 17  2 alleged violation shall be prima facie evidence that the
 17  3 vehicle was in the custody of an identified person other than
 17  4 the owner within the meaning of this paragraph, and the charge
 17  5 against the owner shall be dismissed.  The clerk of the
 17  6 district court then shall cause a uniform citation and
 17  7 complaint to be issued against the lessee of the vehicle, and
 17  8 the citation shall be served upon the defendant by ordinary
 17  9 mail directed to the defendant at the address shown in the
 17 10 certificate of responsibility.
 17 11    Sec. 28.  Section 321E.11, unnumbered paragraph 1, Code
 17 12 1995, is amended to read as follows:
 17 13    Movements by permit in accordance with this chapter shall
 17 14 be permitted only during the hours from sunrise to sunset
 17 15 unless the issuing authority determines that the movement can
 17 16 be better accomplished at another period of time because of
 17 17 traffic volume conditions or the vehicle subject to the permit
 17 18 has an overall length not to exceed one hundred feet, an
 17 19 overall width not to exceed eleven feet, and an overall height
 17 20 not to exceed fourteen feet, four inches, and the permit
 17 21 requires the vehicle to operate only on the those highways
 17 22 designated highway system by the department.  Additional
 17 23 safety lighting and escorts may be required for movement at
 17 24 night.
 17 25    Sec. 29.  Section 321F.6, Code 1995, is amended by striking
 17 26 the section and inserting in lieu thereof the following:
 17 27    321F.6  FINANCIAL RESPONSIBILITY &endash; LEASE.
 17 28    The lessee shall carry in the vehicle being leased,
 17 29 evidence of financial responsibility as required by this
 17 30 chapter and a copy of the lease, setting forth the name and
 17 31 address of the lessee, period of the lease, and other
 17 32 information as the director may require.  The lease shall be
 17 33 shown to any peace officer upon request.
 17 34    Sec. 30.  Section 321L.2, subsection 3, Code 1995, is
 17 35 amended to read as follows:
 18  1    3.  Each handicapped identification device shall be
 18  2 acquired by the department and sold at a cost not to exceed
 18  3 five dollars, to handicapped persons upon application on forms
 18  4 prescribed by the department.  Before delivering a handicapped
 18  5 identification device to a handicapped person the department
 18  6 shall permanently affix to the device a unique number which
 18  7 may be used by the department to identify the individual to
 18  8 whom the device is issued.  A temporary handicapped
 18  9 identification hanging device shall have the expiration date
 18 10 permanently affixed to the device.  Expiration dates and
 18 11 identification numbers affixed to handicapped identification
 18 12 hanging devices shall be of sufficient size to be readable
 18 13 from outside the vehicle.
 18 14    A handicapped person who owns a motor vehicle for which the
 18 15 handicapped person has been issued radio operator registration
 18 16 plates under section 321.34, subsection 3, or registration
 18 17 plates as a seriously disabled veteran under section 321.105
 18 18 may apply to the department for a handicapped identification
 18 19 sticker to be affixed to the plates.  The handicapped
 18 20 identification stickers shall bear the international symbol of
 18 21 accessibility.  The handicapped identification stickers shall
 18 22 be acquired by the department and sold at a cost not to exceed
 18 23 five dollars, to eligible handicapped persons upon application
 18 24 on forms prescribed by the department.
 18 25    Sec. 31.  Section 327B.1, Code 1995, is amended to read as
 18 26 follows:
 18 27    327B.1  AUTHORITY SECURED AND REGISTERED.
 18 28    It is unlawful for a carrier to perform an interstate
 18 29 transportation service for compensation upon the highways of
 18 30 this state without first registering the authority obtained
 18 31 from the interstate commerce commission or evidence that such
 18 32 authority is not required with the state department of
 18 33 transportation.
 18 34    The department shall participate in the single state
 18 35 insurance registration program for regulated motor carriers as
 19  1 provided in 49 U.S.C. } 11506 and interstate commerce
 19  2 commission regulations.
 19  3    Registration for carriers transporting commodities exempt
 19  4 from interstate commerce commission regulation shall be
 19  5 granted without hearing upon application and payment of a
 19  6 twenty-five-dollar filing fee and an annual one-dollar fee per
 19  7 vehicle.  Each amendment of supplemental authority shall
 19  8 require a ten-dollar filing fee.
 19  9    The department shall participate in the single state
 19 10 insurance registration system for motor carriers as provided
 19 11 in 49 U.S.C. } 11506.
 19 12    The state department of transportation may execute
 19 13 reciprocity agreements with authorized representatives of any
 19 14 state exempting nonresidents from payment of fees as set forth
 19 15 in this chapter.  The state department of transportation shall
 19 16 adopt rules pursuant to chapter 17A for the identification of
 19 17 vehicles operated under reciprocity agreements.
 19 18    Fees may be subject to reduction or proration pursuant to
 19 19 sections 326.5 and 326.32.
 19 20    Sec. 32.  Section 327B.6, unnumbered paragraph 1, Code
 19 21 1995, is amended to read as follows:
 19 22    Registration under section 327B.1 shall not be granted
 19 23 until the exempt carrier has filed with the state department
 19 24 of transportation evidence of insurance or surety bond issued
 19 25 by an insurance carrier or bonding company authorized to do
 19 26 business in this state and in the a form prescribed in 49
 19 27 C.F.R. } 387.15 for motor carriers of property and in 49
 19 28 C.F.R. } 387.39 for motor carriers of passengers by the
 19 29 department.  The minimum limits of liability for each
 19 30 interstate motor carrier for hire subject to federal minimum
 19 31 limits of liability are those adopted under United States
 19 32 Code, Title 49, and prescribed in 49 C.F.R. } 387.3 and }
 19 33 387.9 for motor carriers of property and in 49 C.F.R. } 387.27
 19 34 and } 387.33 for motor carriers of passengers.
 19 35    Sec. 33.  NEW SECTION.  327B.7  RECIPROCITY FOR EXEMPT COM-
 20  1 MODITY BASE STATE REGISTRATION SYSTEM.
 20  2    The department may enter into a reciprocity agreement on
 20  3 behalf of this state with authorized representatives of other
 20  4 states to become a member of an exempt commodity base state
 20  5 registration system for the registration, insurance
 20  6 verification, and fee collection for carriers hauling
 20  7 commodities exempt from interstate commerce commission
 20  8 authority.
 20  9    Sec. 34.  Section 805.3, Code 1995, is amended to read as
 20 10 follows:
 20 11    805.3  PROCEDURE.
 20 12    Before the cited person is released, the person shall sign
 20 13 the citation, either in a paper or electronic format, as a
 20 14 written promise to appear in court at the time and place
 20 15 specified.  A copy of the citation shall be given to the
 20 16 person.
 20 17    Sec. 35.  Section 805.5, Code 1995, is amended to read as
 20 18 follows:
 20 19    805.5  FAILURE TO APPEAR.
 20 20    Any person who willfully fails to appear in court as
 20 21 specified by the citation shall be guilty of a simple
 20 22 misdemeanor.  Where a defendant fails to make a required court
 20 23 appearance, the court shall issue an arrest warrant for the
 20 24 offense of failure to appear, and shall forward the warrant
 20 25 and the original or electronically produced citation to the
 20 26 clerk.  The clerk shall enter a transfer to the issuing agency
 20 27 on the docket, and shall return the warrant with the original
 20 28 citation attached to the law enforcement agency which issued
 20 29 the original or electronically produced citation for
 20 30 enforcement of the warrant.  Upon arrest of the defendant, the
 20 31 warrant and the original or electronically produced citation
 20 32 shall be returned to the court, and the offenses shall be
 20 33 heard and disposed of simultaneously.
 20 34    Sec. 36.  Section 805.6, subsection 1, paragraph a,
 20 35 unnumbered paragraph 3, Code 1995, is amended to read as
 21  1 follows:
 21  2    Notwithstanding other contrary requirements of this
 21  3 section, a uniform citation and complaint may be originated
 21  4 from a computerized device.  The officer issuing the citation
 21  5 through a computerized device shall obtain electronically the
 21  6 signature of the person cited as provided in section 805.3 and
 21  7 shall give two copies of the citation to the person cited and
 21  8 shall provide a record of the citation to the court where the
 21  9 person cited is to appear and to the law enforcement agency of
 21 10 the officer by an electronic process which accurately
 21 11 reproduces or forms a durable medium for accurately and
 21 12 legibly reproducing an unaltered image or copy of the
 21 13 citation.
 21 14    Sec. 37.  1994 Iowa Acts, chapter 1102, section 4, as
 21 15 amended by 1994 Iowa Acts, chapter 1199, section 52, is
 21 16 amended to read as follows:
 21 17    SEC. 4.  EFFECTIVE DATE.  The provisions of this Act which
 21 18 amend section 321.189, take effect May 1, 1995 1997.
 21 19    Sec. 38.  Section 321F.7, Code 1995, is repealed.
 21 20    Sec. 39.  EFFECTIVE DATE AND APPLICABILITY.  Sections 22
 21 21 and 37 of this Act, being deemed of immediate importance, take
 21 22 effect upon enactment and apply retroactively to May 1, 1995,
 21 23 in order to delay the effective date of the amendments to
 21 24 section 321.189, subsection 7, Code 1993, to May 1, 1997.
 21 25    Sec. 40.  EFFECTIVE DATE.  Sections 7, 19, and 20 of this
 21 26 Act take effect on January 1, 1997.  
 21 27 SF 290
 21 28 ec/cc/26
     
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