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PAG LIN 1 1 Section 1. Section 123.48, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. If a liquor control licensee or wine or beer permittee 1 4 or an employee of the licensee or permittee has a reasonable 1 5 belief based on factual evidence that a motor vehicle license 1 6 as defined in section 321.1, subsection 43, or nonoperator 1 7 identification card issued pursuant to section 321.190 offered 1 8 by a person who wishes to purchase an alcoholic beverage at 1 9 the licensed premises is altered or falsified or belongs to 1 10 another person, the licensee, permittee, or employee may 1 11 retain the motor vehicle license or nonoperator identification 1 12 card. Within twenty-four hours, the card shall be delivered 1 13 to the appropriate city or county law enforcement agency of 1 14 the jurisdiction in which the licensed premises is located. 1 15 When the card is delivered to the appropriate law enforcement 1 16 agency, the licensee shall file a written report of the 1 17 circumstances under which the card was retained. The local 1 18 law enforcement agency may investigate whether a violation of 1 19 section321.190,321.216, 321.216A, or 321.216B has occurred. 1 20 If an investigation is not initiated or a probable cause is 1 21 not established by the local law enforcement agency, the motor 1 22 vehicle license or nonoperator identification card shall be 1 23 delivered to the person to whom it was issued. The local law 1 24 enforcement agency may forward the card with the report to the 1 25 department of transportation for investigation, in which case, 1 26 the department may investigate whether a violation of section 1 27321.190,321.216, 321.216A, or 321.216B has occurred. The 1 28 department of transportation shall return the card to the 1 29 person to whom it was issued if an investigation is not 1 30 initiated or a probable cause is not established. 1 31 Sec. 2. Section 321.190, subsection 2, Code 1995, is 1 32 amended by striking the subsection. 1 33 Sec. 3. Section 321.216, Code 1995, is amended to read as 1 34 follows: 1 35 321.216 UNLAWFUL USE OF LICENSE AND NONOPERATOR'S 2 1 IDENTIFICATION CARD – PENALTY. 2 2 It is a simple misdemeanor for any person: 2 3 1. To display or cause or permit to be displayed or have 2 4 in the person's possession a canceled, revoked, suspended, 2 5 fictitious, or fraudulently altered motor vehicle license or 2 6 nonoperator's identification card. 2 7 2. To lend that person's motor vehicle license or 2 8 nonoperator's identification card to another person or 2 9 knowingly permit the use of the license by another. 2 10 3. To display or represent as one's own a motor vehicle 2 11 license or nonoperator's identification card not issued to 2 12 that person. 2 13 4. To fail or refuse to surrender to the department upon 2 14 its lawful demand a motor vehicle license or nonoperator's 2 15 identification card which has been suspended, revoked, or 2 16 canceled. 2 175. To use a false or fictitious name in an application for2 18a motor vehicle license or to knowingly make a false statement2 19or to knowingly conceal a material fact or otherwise commit a2 20fraud in the application.2 216.5. To permit an unlawful use of a motor vehicle license 2 22 or nonoperator's identification card issued to that person. 2 237. To obtain, possess or have in one's control or on one's2 24premises blank motor vehicle license forms.2 258. To obtain, possess, or have in one's control or on2 26one's premises a motor vehicle license, a nonoperator's2 27identification card, or a blank motor vehicle license form,2 28which has been made by a person having no authority or right2 29to make the license, card, or form.2 30 Sec. 4. Section 321.216A, Code 1995, is amended by 2 31 striking the section and inserting in lieu thereof the 2 32 following: 2 33 321.216A FALSIFYING MOTOR VEHICLE LICENSES AND 2 34 NONOPERATOR'S IDENTIFICATION CARDS AND FORMS. 2 35 It is a serious misdemeanor for a person to do any of the 3 1 following: 3 2 1. Make a motor vehicle license, a nonoperator's vehicle 3 3 identification card, or a blank motor vehicle license form if 3 4 the person has no authority or right to make the license, 3 5 card, or form. 3 6 2. Obtain, possess, or have in the person's control or on 3 7 the person's premises motor vehicle license or nonoperator's 3 8 identification card forms. 3 9 3. Obtain, possess, or have in the person's control or on 3 10 the person's premises, a motor vehicle license or a 3 11 nonoperator's identification card, or blank motor vehicle 3 12 license or nonoperator's identification card form which has 3 13 been made by a person having no authority or right to make the 3 14 license, card, or form. 3 15 4. Use a false or fictitious name in any application for a 3 16 motor vehicle license or nonoperator's identification card or 3 17 to knowingly make a false statement or knowingly conceal a 3 18 material fact or otherwise commit fraud on an application. 3 19 Sec. 5. Section 321.216B, Code 1995, is amended to read as 3 20 follows: 3 21 321.216B USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S 3 22 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL. 3 23 A person who is under the age of twenty-one, who alters or 3 24 displays or has in the person's possession a fictitious or 3 25 fraudulently altered motor vehicle license or nonoperator's 3 26 identification card and who uses the license to violate or 3 27 attempt to violate section 123.47 or 123.47A, commits a simple 3 28 misdemeanor. The court shall forward a copy of the conviction 3 29 or order of adjudication under section 232.47 to the 3 30 department. 3 31 Sec. 6. Section 321.218, subsections 1, 4, and 5, Code 3 32 Supplement 1995, are amended to read as follows: 3 33 1. A person whose motor vehicle license or operating 3 34 privilege has been denied, canceled, suspended, or revoked as 3 35 provided in this chapter or as provided in section 252J.8, and 4 1 who operates a motor vehicle upon the highways of this state 4 2 while the license or privilege is denied, canceled, suspended, 4 3 or revoked, commits a serious misdemeanor. 4 4 4. The department, upon receiving the record of the 4 5 conviction of a person under this section upon a charge of 4 6 operating a motor vehicle while the license of the person is 4 7 suspended or revoked, shall, except for licenses suspended 4 8 under section 252J.8, 321.210, subsection 1, paragraph "c", 4 9 321.210A, 321.210B, or 321.513, extend the period of 4 10 suspension or revocation for an additional like period, and 4 11 the department shall not issue a new motor vehicle license to 4 12 the person during the additional period. 4 13 If the department receives a record of a conviction of a 4 14 person under this section but the person's driving record does 4 15 not indicate what the original grounds of suspension were, the 4 16 period of suspension under this subsection shall be for a 4 17 period not to exceed six months. 4 18 5. A person who operates a commercial motor vehicle upon 4 19 the highways of this state when disqualified from operating 4 20 the commercial motor vehicle under section 321.208 commits a 4 21simpleserious misdemeanor if a commercial driver's license is 4 22 required for the person to operate the commercial motor 4 23 vehicle. 4 24 Sec. 7. Section 321.218, subsection 2, Code Supplement 4 25 1995, is amended by striking the subsection. 4 26 Sec. 8. Section 321E.16, Code 1995, is amended to read as 4 27 follows: 4 28 321E.16 VIOLATIONS – PENALTIES. 4 29AnyA person whois convicted of a violation of any4 30 violates a provision of a permit issued pursuant to this 4 31 chapter orofrules adopted under section 321E.15, other than 4 32length, height, width, ora provision relating to weight 4 33allowed by any permit issued under this chaptershall be 4 34punished by asubject to a scheduled fineof one hundred4 35dollars for the first conviction, two hundred fifty dollars5 1for a second conviction within a twelve-month period, and five5 2hundred dollars for a third conviction within a twelve-month5 3periodunder section 805.8, subsection 2. The fine for 5 4 violation of thelength, height, width, andweight allowed by 5 5 a permit shall be based upon the difference between the actual 5 6length, height, width, andweight of the vehicle and load and 5 7 the maximum allowable by permitandin accordance with section 5 8321.482 for violations of length, height, or width limitations5 9and sections 321.482 and321.463for violation of weight5 10limitations. If a vehicle with an indivisible load traveling 5 11 under permit is found to be in violation of weight 5 12 limitations, the vehicle operator shall be allowed a 5 13 reasonable amount of time to remove any ice, mud, snow, and 5 14 other weight attributable to climatic conditions accumulated 5 15 along the route prior to application of the penalties 5 16 prescribed insectionssection 321.463and 321.482.The5 17department shall adopt rules to require peace officer escorts5 18for permit holders convicted for the third time in a twelve-5 19month period of violating a provision of this chapter or a5 20provision of rules adopted pursuant to section 321E.15.5 21 Sec. 9. Section 321J.4, subsection 1, unnumbered paragraph 5 22 1, Code Supplement 1995, is amended to read as follows: 5 23 If a defendant is convicted of a violation of section 5 24 321J.2 and the defendant's motor vehicle license or 5 25 nonresident operating privilege has not been revoked under 5 26 section 321J.9 or 321J.12 for the occurrence from which the 5 27 arrest arose, the department shall revoke the defendant's 5 28 motor vehicle license or nonresident operating privilege for 5 29 one hundred eighty days if the defendant has had no previous 5 30 conviction or revocation under this chapter within the 5 31 previous six years and the defendant shall not be eligible for 5 32 any temporary restricted license for at least thirty days 5 33 after the effective date of the revocation if a test was 5 34 obtained, and for at least ninety days if a test was refused. 5 35 If the defendant is under the age of twenty-one, the defendant 6 1 shall not be eligible for a temporary restricted license for 6 2 at least sixty days after the effective date of the 6 3 revocation. 6 4 Sec. 10. Section 321J.4, subsection 2, Code Supplement 6 5 1995, is amended to read as follows: 6 6 2. If the court defers judgment pursuant to section 907.3 6 7 for a violation of section 321J.2, and if the defendant's 6 8 motor vehicle license or nonresident operating privilege has 6 9 not been revoked under section 321J.9 or 321J.12, or has not 6 10 otherwise been revoked for the occurrence from which the 6 11 arrest arose, the department shall revoke the defendant's 6 12 motor vehicle license or nonresident operating privilege for a 6 13 period of not less than thirty days nor more than ninety days. 6 14 The defendant shall not be eligible for any temporary 6 15 restricted license for at least thirty days after the 6 16 effective date of the revocation if a test was obtained and 6 17 for at least ninety days if a test was refused. If the 6 18 defendant is under the age of twenty-one, the defendant shall 6 19 not be eligible for a temporary restricted license for at 6 20 least sixty days after the effective date of the revocation. 6 21 Sec. 11. Section 321J.4, subsection 8, Code Supplement 6 22 1995, is amended to read as follows: 6 23 8. A person whose motor vehicle license has either been 6 24 revoked under this chapter, or revoked or suspended under 6 25 chapter 321 solely for violations of this chapter, or who has 6 26 been determined to be a habitual offender under chapter 321 6 27 based solely on violations of this chapter, and who is not 6 28 eligible for a temporary restricted license under this chapter 6 29 may petition the court upon the expiration of the minimum 6 30 period of ineligibility for a temporary restricted license 6 31 provided for under this section or section 321J.9, 321J.12, or 6 32 321J.20 for an order to the department to require the 6 33 department to issue a temporary restricted license to the 6 34 person notwithstanding section 321.560. Upon the filing of a 6 35 petition for a temporary restricted license under this 7 1 section, the clerk of the district court in the county where 7 2 the violation that resulted in the revocation occurred shall 7 3 send notice of the petition to the department and the 7 4 prosecuting attorney. The department and the prosecuting 7 5 attorney shall each be given an opportunity to respond to and 7 6 request a hearing on the petition. The court shall determine 7 7 if the temporary restricted license is necessary for the 7 8 person to maintain the person's present employment. However, 7 9 a temporary restricted license shall not be ordered or issued 7 10 forviolationsa violation of section 321J.2A or topersonsa 7 11 person under the age of twenty-onewho commit violations under7 12section 321J.2whose license is revoked under section 321J.4, 7 13 321J.9, or 321J.12. If the court determines that the 7 14 temporary restricted license is necessary for the person to 7 15 maintain the person's present employment, and that the minimum 7 16 period of ineligibility for receipt of a temporary license has 7 17 expired, the court shall order the department to issue to the 7 18 person a temporary restricted license conditioned upon the 7 19 person's certification to the court of the installation of 7 20 approved ignition interlock devices in all motor vehicles that 7 21 it is necessary for the person to operate to maintain the 7 22 person's present employment. Section 321.561 does not apply 7 23 to a person operating a motor vehicle in the manner permitted 7 24 under this subsection. If the person operates a motor vehicle 7 25 which does not have an approved ignition interlock device or 7 26 if the person tampers with or circumvents an ignition 7 27 interlock device, in addition to other penalties provided, the 7 28 person's temporary restricted license shall be revoked. A 7 29 person holding a temporary restricted license issued under 7 30 this subsection shall not operate a commercial motor vehicle, 7 31 as defined in section 321.1, on a highway if a commercial 7 32 driver's license is required for the person to operate the 7 33 commercial motor vehicle. 7 34 Sec. 12. Section 321J.12, subsection 2, Code Supplement 7 35 1995, is amended to read as follows: 8 1 2. A person whose motor vehicle license or nonresident 8 2 operating privileges have been revoked under subsection 1, 8 3 paragraph "a", shall not be eligible for any temporary 8 4 restricted license for at least thirty days after the 8 5 effective date of the revocation. If the person is under the 8 6 age of twenty-one, the person shall not be eligible for a 8 7 temporary restricted license for at least sixty days after the 8 8 effective date of the revocation. A person whose license or 8 9 privileges have been revoked under subsection 1, paragraph 8 10 "b", for one year shall not be eligible for any temporary 8 11 restricted license for one year after the effective date of 8 12 the revocation. 8 13 Sec. 13. Section 322.3, Code 1995, is amended to read as 8 14 follows: 8 15 322.3 PROHIBITED ACTS. 8 16 1.NoA person shall not engage in this state in the 8 17 business of selling at retail new motor vehicles of any make 8 18 or represent or advertise that the person is engaged or 8 19 intends to engage in such business in this state unless the 8 20 person is authorized to do so by a contract in writing with 8 21 the manufacturer or distributor of such make of new motor 8 22 vehiclesto so dispose thereof in this stateand unless the 8 23 department has licensed the person as a motor vehicle dealer 8 24 in this state in motor vehicles of such make and has issued to 8 25 the person a license in writing as provided in this chapter 8 26provided. 8 27 2.NoA person, other than a licensed dealer in new motor 8 28 vehicles, shall not engage in this state in the business of 8 29 selling at retail used motor vehicles or represent or 8 30 advertise that the person is engaged or intends to engage in 8 31 such business in this state unless and until the department 8 32 has licensedsuchthe person as a used motor vehicle dealer in 8 33 the state and has issued to the person a license in writing as 8 34 provided in this chapterprovided. 8 35 3.Nothing contained in subsectionsSubsections 1 and 2 9 1hereofshall not be construedas requiringto require the 9 2 separate licensing of persons employed as salespersons of 9 3 motor vehicles by a retail motor vehicle dealerhereunder,9 4but. However, the departmentis hereby authorized and9 5empowered to make, publish, andmay promulgatesuchreasonable 9 6 rulesand regulationsasit may deemnecessary for the proper 9 7 identification of personssoemployed as salespersonsby any9 8such licensee. 9 9 4.NoA person, who is engaged in the business of selling 9 10 at retail motor vehicles, shall not enter into any contract, 9 11 agreement, or understanding, express or implied, with any 9 12 manufacturer or distributor of any such motor vehicles that 9 13 the person will sell, assign, or transfer any retail 9 14 installment contracts arising from the retail installment sale 9 15 of such motor vehiclesor any one or more thereofonly to a 9 16 designated person or class of persons.Any suchA condition, 9 17 agreement, or understanding between any manufacturer or 9 18 distributor and a motor vehicle dealer in this state of this 9 19 nature is hereby declared to be against the public policy of 9 20 this state and to be unlawful and void. 9 21 5.NoA manufacturer or distributor of motor vehicles or 9 22 any agent or representative ofsucha manufacturer or 9 23 distributor, shall not terminate or threaten to terminate, or 9 24 fail to renew any contract, agreement, or understanding for 9 25 the sale of new motor vehicles to any motor vehicle dealer in 9 26 this state without just, reasonable and lawful causetherefor9 27 or becausesuchthe motor vehicle dealer failed to sell, 9 28 assign, or transfer any retail installment contract arising 9 29 from the retail sale of such motor vehicles or any one or more 9 30 of them to a person or a class of persons designated bysuch9 31 the manufacturer or distributor.Provided, however, that the9 32provisions of this subsection relating to "failure to renew"9 33shall not apply to any contract, agreement, or understanding,9 34which is for a term of five or more years.9 35 6.NoA person, who is engaged in the business of selling 10 1 at retail motor vehicles, shall not make and enter into a 10 2 retail installment contract unlesssuchthe contract meets the 10 3 following requirements: 10 4 a. Every retail installment contract shall be in writing, 10 5 shall be signed by both the buyer and the seller and shall be 10 6 completed as to all essential provisions prior to the signing 10 7 of the contract by the buyer except that, if delivery of the 10 8 motor vehicle is not made at the time of the execution of the 10 9 contract, the identifying numbers or marks of the motor 10 10 vehicle or similar information and the due date of the first 10 11 installment may be inserted in the contract after its 10 12 execution. 10 13 b. The contract shall comply with the Iowa consumer credit 10 14 code, where applicable. 10 15 7.Nothing contained hereinThis section shall not be 10 16 construed to require that a place of business as defined in 10 17 this chapter shall be maintained by a person selling motor 10 18 vehicles at retail solely for the purpose of disposing of 10 19 motor vehicles acquired or repossessed by such person in 10 20 exercise of powers or rights granted by lien or title- 10 21 retention instruments or contracts given as security for loans 10 22 or purchase money obligations. 10 23 8.NoA manufacturer or distributor of motor vehicles or 10 24 agent or representative ofsucha manufacturer or distributor 10 25 shall not coerce or attempt to coerce any motor vehicle dealer 10 26 to accept delivery of any motor vehicle or vehicles, parts, or 10 27 accessoriesthereof, or any other commodity or commodities 10 28 whichshall nothave not been ordered bysuchthe dealer. 10 29 9.NoA person licensed under this chapter shall not, 10 30 either directly or through an agent, salesperson or employee, 10 31 engage in this state, or represent or advertise that the 10 32 person is engaged or intends to engage in this state, in the 10 33 business of buying or selling at retail new or used motor 10 34 vehicles, other than mobile homes more than eight feet in 10 35 width or more than thirty-two feet in length as defined in 11 1 section 321.1, on the first day of the week, commonly known 11 2 and designated as Sunday. 11 3 10. A manufacturer, distributor, or importer of motor 11 4 vehicles or agent or representative of such manufacturer, 11 5 distributor, or importer shall not require a motor vehicle 11 6 dealer to submit to arbitration to resolve a controversy 11 7 before the controversy arises. The parties may enter into a 11 8 voluntary agreement to arbitrate a controversy after it 11 9 arises. Such an agreement shall require that the arbitrator 11 10 apply Iowa law in resolving the controversy. Either party may 11 11 appeal a decision of an arbitrator to the district court on 11 12 the grounds that the arbitrator failed to apply Iowa law. 11 13 11. A person who is engaged in the business of selling 11 14 motor vehicles at retail shall not sell, offer for sale, 11 15 represent, or advertise that the person intends to sell motor 11 16 vehicles from a location other than the person's place of 11 17 business, except as provided in section 322.5. 11 18 Sec. 14. Section 805.8, subsection 2, paragraph h, Code 11 19 Supplement 1995, is amended to read as follows: 11 20 h. For operating, passing, turning and standing violations 11 21 under sections 321.236, subsections 3, 4, 9 and 12, 321.275, 11 22 subsections 1 through 8, 321.295, 321.297, 321.299, 321.303, 11 23 321.304, subsections 1 and 2, 321.305, 321.306, 321.311, 11 24 321.312, 321.314, 321.315, 321.316, 321.318, 321.323, 321.340, 11 25321.344,321.353, 321.354, 321.363, 321.365, 321.366, 321.368, 11 26 321.382, and 321.395, the scheduled fine is fifteen dollars. 11 27 Sec. 15. Section 805.8, subsection 2, paragraph l, Code 11 28 Supplement 1995, is amended to read as follows: 11 29 l. For violations of traffic signs and signals, and for 11 30 failure to obey an officer under sections 321.229, 321.236, 11 31 subsections 2 and 6, 321.256, 321.257, subsection 2, 321.294, 11 32 321.304, subsection 3, 321.322,321.341, 321.342, 321.343and 11 33 321.415, the scheduled fine is twenty dollars. 11 34 Sec. 16. Section 805.8, subsection 2, Code Supplement 11 35 1995, is amended by adding the following new paragraphs: 12 1 NEW PARAGRAPH. z. For violations of section 321.460 12 2 prohibiting spilling loads on the highway, the scheduled fine 12 3 is one hundred dollars. 12 4 NEW PARAGRAPH. aa. For violations of length, height, 12 5 width, and other provisions of a permit, except weight 12 6 provisions, under section 321E.16, the scheduled fine is one 12 7 hundred dollars. 12 8 NEW PARAGRAPH. bb. For violations of importing fuel in 12 9 the supply tank of a motor vehicle under section 452A.52, the 12 10 scheduled fine is one hundred dollars. 12 11 NEW PARAGRAPH. cc. For violations of sections 321.341, 12 12 321.342, 321.343, and 321.344, the scheduled fine is fifty 12 13 dollars. 12 14 Sec. 17. Section 805.8, Code Supplement 1995, is amended 12 15 by adding the following new subsection: 12 16 NEW SUBSECTION. 12. VIOLATIONS OF TITLE LAWS. For 12 17 violations under sections 321.25, 321.45, 321.46, 321.48, 12 18 321.52, 321.67, and 321.104, the scheduled fine is fifty 12 19 dollars. 12 20 Sec. 18. Section 805.8, subsection 2, paragraph u, Code 12 21 Supplement 1995, is amended to read as follows: 12 22 u. Forobtaining, possessing, or having in one's control12 23or one's premisesunlawful use of a motor vehicle license,or 12 24 a nonoperator's identification card, or a blank motor vehicle12 25license formin violation of section 321.216,subsection 7 or12 268,the scheduled fine isfiftyseventy-five dollars. 12 27 SF 2186 12 28 js/cc/26
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