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Senate File 2266

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  1  1    Section 1.  Section 321.17, Code 1995, is amended to read
  1  2 as follows:
  1  3    321.17  MISDEMEANOR TO VIOLATE REGISTRATION PROVISIONS.
  1  4    It is a simple misdemeanor punishable as provided in
  1  5 section 321.482, for any person to drive or move or for an
  1  6 owner knowingly to permit to be driven or moved upon any the
  1  7 highway any a vehicle of a type required to be registered
  1  8 hereunder under this chapter which is not registered, or for
  1  9 which the appropriate fee has not been paid when and as
  1 10 required hereunder except as provided in section 321.109,
  1 11 subsection 3.
  1 12    Sec. 2.  Section 321.20A, Code Supplement 1995, is amended
  1 13 to read as follows:
  1 14    321.20A  CERTIFICATE OF TITLE – COMMERCIAL MOTOR VEHICLES.
  1 15    1.  Notwithstanding other provisions of this chapter, the
  1 16 owner of a commercial motor vehicle with a gross vehicle
  1 17 weight rating of twenty-six thousand one pounds or more,
  1 18 subject to the proportional registration provisions of chapter
  1 19 326, may make application to the department for a certificate
  1 20 of title.  The application for certificate of title shall be
  1 21 made within fifteen days of purchase or transfer and
  1 22 accompanied by a ten dollar title fee and appropriate use tax.
  1 23    2.  A commercial motor vehicle issued a certificate of
  1 24 title under this section shall not be subject to registration
  1 25 fees until the commercial motor vehicle is driven upon the
  1 26 highways.  The registration fee due shall be prorated for the
  1 27 remaining unexpired months of the registration year.
  1 28 Ownership of a the commercial motor vehicle issued a
  1 29 certificate of title under this section shall not be
  1 30 transferred until registration fees have been paid to the
  1 31 department.
  1 32    3.  The certificate of title provision for commercial motor
  1 33 vehicles with a gross vehicle weight rating of twenty-six
  1 34 thousand one pounds or more This section shall apply to owners
  1 35 with fleets of more than fifty commercial motor vehicles based
  2  1 in Iowa under the proportional registration provisions of
  2  2 chapter 326.  The original certificate of title shall be
  2  3 delivered to the owner if no security interest or encumbrance
  2  4 appears on the certificate, otherwise the certificate of title
  2  5 shall be delivered by the department to the person holding the
  2  6 first security interest or encumbrance as shown on the
  2  7 certificate of title.
  2  8    Sec. 3.  Section 321.69, subsection 3, Code Supplement
  2  9 1995, is amended to read as follows:
  2 10    3.  The damage disclosure statement shall be provided by
  2 11 the transferor to the transferee at or before the time of
  2 12 sale.  If the transferor is not a resident of this state the
  2 13 transferee shall not be required to submit a damage disclosure
  2 14 statement from the transferor with the transferee's
  2 15 application for title unless the state of the transferor's
  2 16 residence requires a damage disclosure statement.  However,
  2 17 the transferee shall submit a damage disclosure statement with
  2 18 the transferee's application for title indicating whether a
  2 19 salvage or rebuilt title had ever existed for the vehicle,
  2 20 whether the vehicle had incurred prior damage of three
  2 21 thousand dollars or more per incident, and the year, make, and
  2 22 vehicle identification number of the motor vehicle.  The
  2 23 transferee shall not be required to indicate whether the
  2 24 vehicle had incurred prior damage of three thousand dollars or
  2 25 more per incident under this subsection if the transferor's
  2 26 certificate of title is from another state and if it indicates
  2 27 that the vehicle is salvaged and not rebuilt or is another
  2 28 state's salvage certificate of title.
  2 29    Sec. 4.  Section 321.109, Code 1995, is amended by adding
  2 30 the following new subsection:
  2 31    NEW SUBSECTION.  3.  The owner of an unregistered motor
  2 32 vehicle or motor vehicle for which the registration is
  2 33 delinquent, may make application to the county treasurer of
  2 34 the county of residence or if the unregistered or delinquent
  2 35 motor vehicle is purchased by a nonresident of the state, to
  3  1 the county treasurer in the county of purchase, for a
  3  2 temporary thirty-day permit for a fee of twenty-five dollars.
  3  3 The permit shall authorize the motor vehicle to be driven or
  3  4 towed upon the highway, but shall not authorize a motor truck
  3  5 or truck tractor to haul or tow a load.  The permit fee shall
  3  6 not be considered a registration fee or exempt the owner from
  3  7 payment of all other fees, registration fees, and penalties
  3  8 due.  If the registration fee for the motor vehicle is
  3  9 delinquent, the registration fee and penalty shall continue to
  3 10 accrue until paid.  The permit fee shall not be prorated,
  3 11 refunded, or used as credit as provided under section 321.46.
  3 12 The permit shall be displayed in the upper left-hand corner of
  3 13 the rear window of all motor vehicles, except motorcycles.
  3 14 Permits issued for a motorcycle shall be attached to the rear
  3 15 of the motorcycle.
  3 16    Sec. 5.  Section 321.123, unnumbered paragraph 1, Code
  3 17 Supplement 1995, is amended to read as follows:
  3 18    All trailers except farm trailers and mobile homes, unless
  3 19 otherwise provided in this section, are subject to a
  3 20 registration fee of six ten dollars for trailers with a gross
  3 21 weight of one thousand pounds or less and ten dollars for
  3 22 other trailers.  Trailers for which the empty weight is two
  3 23 thousand pounds or less are exempt from the certificate of
  3 24 title and lien provisions of this chapter.  Fees collected
  3 25 under this section shall not be reduced or prorated under
  3 26 chapter 326.
  3 27    Sec. 6.  Section 321.123, subsection 1, unnumbered
  3 28 paragraph 1, Code Supplement 1995, is amended to read as
  3 29 follows:
  3 30    Travel trailers and fifth-wheel travel trailers, except
  3 31 those in manufacturer's or dealer's stock, shall be subject to
  3 32 an annual fee of twenty cents per square foot of floor space
  3 33 computed on the exterior overall measurements, but excluding
  3 34 three feet occupied by any trailer hitch as provided by and
  3 35 certified to by the owner, to the nearest whole dollar, which
  4  1 amount shall not be prorated or refunded; except the annual
  4  2 fee for travel trailers of any type, when registered in Iowa
  4  3 for the first time or when removed from a manufacturer's or
  4  4 dealer's stock, shall be prorated on a monthly basis.  It is
  4  5 further provided the annual fee thus computed shall be limited
  4  6 to seventy-five percent of the full fee after the vehicle is
  4  7 more than six model years old.
  4  8    Sec. 7.  Section 321.166, subsection 2, Code 1995, is
  4  9 amended to read as follows:
  4 10    2.  Every registration plate or pair of plates shall
  4 11 display a registration plate number which shall consist of
  4 12 alphabetical or numerical characters or a combination thereof
  4 13 and the name of this state, which may be abbreviated.  Every
  4 14 registration plate issued by the county treasurer shall
  4 15 display the name of the county except plates issued for truck
  4 16 tractors, motorcycles, motorized bicycles, travel trailers,
  4 17 semitrailers and trailers including any plate issued pursuant
  4 18 to section 321.34, except Pearl Harbor, purple heart,
  4 19 collegiate, fire fighter, and congressional medal of honor
  4 20 registration plates.  The year of expiration or the date of
  4 21 expiration shall be displayed on vehicle registration plates,
  4 22 except plates issued under section 321.19.  Special truck
  4 23 registration plates shall display the word "special".
  4 24    Sec. 8.  Section 321.166, Code 1995, is amended by adding
  4 25 the following new subsection:
  4 26    NEW SUBSECTION.  9.  If the department reissues a new
  4 27 registration plate design for a special registration plate
  4 28 under section 321.34, all persons who have purchased or
  4 29 obtained the special registration plates shall not be required
  4 30 to pay the issuance fee.
  4 31    Sec. 9.  Section 321.176A, subsection 2, Code 1995, is
  4 32 amended to read as follows:
  4 33    2.  A firefighter while operating a fire vehicle for a
  4 34 volunteer or paid fire organization or a peace officer, as
  4 35 defined in section 801.4, while operating a commercial motor
  5  1 vehicle for a law enforcement agency under conditions
  5  2 necessary to preserve life or property or to execute related
  5  3 governmental functions.
  5  4    Sec. 10.  Section 321.181, Code 1995, is amended to read as
  5  5 follows:
  5  6    321.181  TEMPORARY PERMIT.
  5  7    The department may issue a temporary permit to an applicant
  5  8 for a motor vehicle license permitting the applicant to
  5  9 operate a motor vehicle other than a commercial motor vehicle
  5 10 while the department is completing its investigation and
  5 11 determination of all facts relative to the applicant's
  5 12 privilege to receive the motor vehicle license.  The permit
  5 13 must be in the applicant's immediate possession while
  5 14 operating a motor vehicle.  The temporary permit shall be
  5 15 invalid and returned to the department when the applicant's
  5 16 license is issued or when the license is denied.
  5 17    Sec. 11.  Section 321.190, subsection 1, paragraph b, Code
  5 18 1995, is amended to read as follows:
  5 19    b.  The department shall not issue a card to a person
  5 20 holding a motor vehicle license.  However, a card may be
  5 21 issued to a person holding a temporary permit under section
  5 22 321.181.  The card shall be identical in form to a driver's
  5 23 license issued under section 321.189 except the word
  5 24 "nonoperator" shall appear prominently on the face of the
  5 25 card.  A nonoperator's identification card issued to a person
  5 26 under twenty-one years of age shall include the word "minor"
  5 27 prominently on the face of the card.
  5 28    Sec. 12.  Section 321.191, subsection 9, Code 1995, is
  5 29 amended to read as follows:
  5 30    9.  MOTOR VEHICLE LICENSE REINSTATEMENTS.  The fee for
  5 31 reinstatement of a motor vehicle license shall be twenty
  5 32 dollars for a license which is, after notice and opportunity
  5 33 for hearing, canceled, suspended, or revoked, or barred.
  5 34 However, reinstatement of the privilege suspended under
  5 35 section 321.210, subsection 1, paragraph "c", shall be without
  6  1 fee.  The fee for reinstatement of the privilege to operate a
  6  2 commercial motor vehicle after a period of disqualification
  6  3 shall be twenty dollars.
  6  4    Sec. 13.  Section 321.208, subsections 7 and 8, Code
  6  5 Supplement 1995, are amended to read as follows:
  6  6    7.  Upon receiving a record of a person's disqualifying
  6  7 conviction, administrative decision, suspension, or
  6  8 revocation, the department shall, by rule, without preliminary
  6  9 hearing and upon twenty thirty days' advance notice,
  6 10 disqualify the person from operating a commercial motor
  6 11 vehicle upon a highway.
  6 12    8.  A person is disqualified from operating a commercial
  6 13 motor vehicle if the person either refuses to submit to
  6 14 chemical testing required under chapter 321J or submits to
  6 15 chemical testing and the results show an alcohol concentration
  6 16 as defined in section 321J.1 of 0.04 or more.  The department,
  6 17 upon receipt of the peace officer's certification, subject to
  6 18 penalty for perjury, that the peace officer had reasonable
  6 19 grounds to believe the person to have been operating a
  6 20 commercial motor vehicle with an alcohol concentration of 0.04
  6 21 or more and that the person refused to submit to the chemical
  6 22 testing or submitted to chemical testing and the results show
  6 23 an alcohol concentration as defined in section 321J.1 of 0.04
  6 24 or more, shall, without preliminary hearing and upon twenty
  6 25 thirty days' advance notice, disqualify the person from
  6 26 operating a commercial motor vehicle upon a highway.
  6 27    The effective date of disqualification shall be twenty
  6 28 thirty days after notification.  Immediate notice of
  6 29 disqualification may be served on a person operating a
  6 30 commercial motor vehicle who refused to submit to a test or
  6 31 whose test results indicate an alcohol concentration of 0.04
  6 32 or more by the peace officer administering the chemical test
  6 33 or the department may notify the person by certified mail.  If
  6 34 immediate notice is served, the peace officer shall take the
  6 35 commercial driver's license or permit of the driver, if issued
  7  1 within the state, and issue a temporary commercial driver's
  7  2 license effective for only twenty thirty days.  The peace
  7  3 officer shall immediately send the person's commercial
  7  4 driver's license to the department in addition to the
  7  5 officer's certification required by this subsection.
  7  6    Sec. 14.  Section 321.209, unnumbered paragraph 1, Code
  7  7 1995, is amended to read as follows:
  7  8    The department shall, upon twenty thirty days' notice and
  7  9 without preliminary hearing, shall revoke the license or
  7 10 operating privilege of an operator upon receiving a record of
  7 11 the operator's conviction for any of the following offenses,
  7 12 when such conviction has become final:
  7 13    Sec. 15.  Section 321.210, subsection 1, unnumbered
  7 14 paragraph 2, Code 1995, is amended to read as follows:
  7 15    Prior to a suspension taking effect under paragraph "a",
  7 16 "b", "c", "d", "e", or "f", the licensee shall have received
  7 17 twenty thirty days' advance notice of the effective date of
  7 18 the suspension.  Notwithstanding the terms of the Iowa
  7 19 administrative procedure Act, the filing of a petition for
  7 20 judicial review shall operate to stay the suspension pending
  7 21 the determination by the district court.
  7 22    Sec. 16.  Section 321.213B, Code 1995, is amended to read
  7 23 as follows:
  7 24    321.213B  REVOCATION SUSPENSION FOR FAILURE TO ATTEND.
  7 25    The department shall establish procedures by rule for
  7 26 revoking suspending the license of a juvenile who is in
  7 27 violation of section 299.1B or issuing the juvenile a
  7 28 temporary restricted license under section 321.215 if the
  7 29 juvenile is employed at least twenty hours per week.
  7 30    Sec. 17.  Section 321.215, subsection 2, unnumbered
  7 31 paragraph 1, Code Supplement 1995, is amended to read as
  7 32 follows:
  7 33    Upon conviction and the suspension or revocation of a
  7 34 person's motor vehicle license under section 321.205 for a
  7 35 drug or drug-related offense; 321.209, subsection 5, 6, or 8;
  8  1 section 321.210; 321.210A; or 321.513; or upon the denial of
  8  2 issuance of a motor vehicle license under section 321.560,
  8  3 based solely on offenses enumerated in section 321.555,
  8  4 subsection 1, paragraph "c", or section 321.555, subsection 2;
  8  5 or a juvenile, whose license has been suspended under section
  8  6 321.213A for a violation of chapter 124 or 453B, or section
  8  7 126.3, and upon the denial by the director of an application
  8  8 for a temporary restricted license, a person may apply to
  8  9 petition the district court having jurisdiction for the
  8 10 residence of the person for a temporary restricted permit to
  8 11 operate a motor vehicle for the limited purpose or purposes
  8 12 specified in subsection 1.  The petition shall include a
  8 13 current certified copy of the petitioner's official driving
  8 14 record issued by the department.  The application may be
  8 15 granted only if all of the following criteria are satisfied:
  8 16    Sec. 18.  Section 321.383, subsections 2 and 3, Code 1995,
  8 17 are amended to read as follows:
  8 18    2.  When operated on a highway in this state at a speed of
  8 19 twenty-five thirty miles per hour or less, every farm tractor,
  8 20 or tractor with towed equipment, self-propelled implement of
  8 21 husbandry, road construction or maintenance vehicle, road
  8 22 grader, horse-drawn vehicle, or any other vehicle principally
  8 23 designed for use off the highway and any such tractor,
  8 24 implement, vehicle or grader when manufactured for sale or
  8 25 sold at retail after the thirty-first of December, 1971, shall
  8 26 be identified with a reflective device of a type approved by
  8 27 the director; however, this provision shall not apply to such
  8 28 vehicles when traveling in any escorted parade.  The
  8 29 reflective device shall be visible from the rear and mounted
  8 30 in a manner approved by the director.  All vehicles specified
  8 31 in this section shall be equipped with such reflective device
  8 32 after the thirty-first of December, 1971.  The director, when
  8 33 approving such the device, shall be guided as far as
  8 34 practicable by the standards of the American society of
  8 35 agricultural engineers.  No A vehicle, other than those
  9  1 specified in this section, shall not display a reflective
  9  2 device approved for the use herein described.  On vehicles
  9  3 specified herein operating at speeds above twenty-five thirty
  9  4 miles per hour, the reflective device shall be removed or
  9  5 hidden from view.
  9  6    3.  Garbage collection vehicles, when operated on the
  9  7 streets or highways of this state at speeds of twenty-five
  9  8 thirty miles per hour or less, may display a reflective device
  9  9 of a type and in a manner approved by the director.  At speeds
  9 10 in excess of twenty-five thirty miles per hour the device
  9 11 shall not be visible.
  9 12    Sec. 19.  Section 321E.1, unnumbered paragraph 1, Code
  9 13 1995, is amended to read as follows:
  9 14    The department and local authorities may in their
  9 15 discretion and upon application and with good cause being
  9 16 shown issue permits for the movement of construction machinery
  9 17 or asphalt repavers being temporarily moved on streets, roads
  9 18 or highways and for vehicles with indivisible loads which
  9 19 exceed the maximum dimensions and weights specified in
  9 20 sections 321.452 to 321.466, but not to exceed the limitations
  9 21 imposed in sections 321E.1 to 321E.15 except as provided in
  9 22 sections section 321E.29 and 321E.30.  Vehicles permitted to
  9 23 transport indivisible loads may exceed the width and length
  9 24 limitations specified in sections 321.454 and 321.457 for the
  9 25 purpose of picking up an indivisible load or returning from
  9 26 delivery of the indivisible load.  Permits issued may be
  9 27 single-trip permits or annual permits.  Permits shall be in
  9 28 writing and shall be carried in the cab of the vehicle for
  9 29 which the permit has been issued and shall be available for
  9 30 inspection at all times.  The vehicle and load for which the
  9 31 permit has been issued shall be open to inspection by a peace
  9 32 officer or an authorized agent of a permit granting authority.
  9 33 When in the judgment of the issuing authority in cities and
  9 34 counties the movement of a vehicle with an indivisible load or
  9 35 construction machinery which exceeds the maximum dimensions
 10  1 and weights will be unduly hazardous to public safety or will
 10  2 cause undue damage to streets, avenues, boulevards,
 10  3 thoroughfares, highways, curbs, sidewalks, trees, or other
 10  4 public or private property, the permit shall be denied and the
 10  5 reasons for denial endorsed on the application.  Permits shall
 10  6 designate the days when and routes upon which loads and
 10  7 construction machinery may be moved within a county on other
 10  8 than primary roads.
 10  9    Sec. 20.  Section 321E.7, subsection 2, Code 1995, is
 10 10 amended to read as follows:
 10 11    2.  Special mobile equipment, as defined in section 321.1,
 10 12 subsection 75, is not subject to the requirements for distance
 10 13 in feet between the extremes of any group of axles or the
 10 14 extreme axles of the vehicle or combination of vehicles as
 10 15 required by this chapter when being moved upon the highways,
 10 16 except the interstate road system, as defined in section
 10 17 306.3, subsection 4 if the operator has a permit issued under
 10 18 this chapter.
 10 19    Sec. 21.  Section 321E.9, subsection 2, Code 1995, is
 10 20 amended to read as follows:
 10 21    2.  Vehicles with indivisible loads exceeding the width,
 10 22 length, and total gross weight provided in subsection 1, may
 10 23 be moved in special or emergency situations, provided the
 10 24 gross weight on any one axle shall not exceed the maximum
 10 25 prescribed in section 321.463 permitting authority has
 10 26 reviewed the route and has approved the movement of the
 10 27 vehicle and load.  The vehicle and load shall be accompanied
 10 28 by an escort as required by rules adopted pursuant to chapter
 10 29 17A.  The issuing authority may impose any special
 10 30 restrictions as deemed necessary on movements or exempt
 10 31 movements from the restrictions of section 321E.11 by permit
 10 32 under this subsection.
 10 33    Sec. 22.  Section 321J.4, subsection 8, Code Supplement
 10 34 1995, is amended to read as follows:
 10 35    8.  A person whose motor vehicle license has either been
 11  1 revoked under this chapter, or revoked or suspended under
 11  2 chapter 321 solely for violations of this chapter, or who has
 11  3 been determined to be a habitual offender under chapter 321
 11  4 based solely on violations of this chapter, and who is not
 11  5 eligible for a temporary restricted license under this chapter
 11  6 may petition the court upon the expiration of the minimum
 11  7 period of ineligibility for a temporary restricted license
 11  8 provided for under this section or section 321J.9, 321J.12, or
 11  9 321J.20 for an order to the department to require the
 11 10 department to issue a temporary restricted license to the
 11 11 person notwithstanding section 321.560.  The petition shall
 11 12 include a current certified copy of the petitioner's official
 11 13 driving record issued by the department.  Upon the filing of a
 11 14 petition for a temporary restricted license under this
 11 15 section, the clerk of the district court in the county where
 11 16 the violation that resulted in the revocation occurred shall
 11 17 send notice of the petition to the department and the
 11 18 prosecuting attorney.  The department and the prosecuting
 11 19 attorney shall each be given an opportunity to respond to and
 11 20 request a hearing on the petition.  The court shall determine
 11 21 if the temporary restricted license is necessary for the
 11 22 person to maintain the person's present employment.  However,
 11 23 a temporary restricted license shall not be ordered or issued
 11 24 for violations of section 321J.2A or to persons under the age
 11 25 of twenty-one who commit violations under section 321J.2.  If
 11 26 the court determines that the temporary restricted license is
 11 27 necessary for the person to maintain the person's present
 11 28 employment, and that the minimum period of ineligibility for
 11 29 receipt of a temporary license has expired, the court shall
 11 30 order the department to issue to the person a temporary
 11 31 restricted license conditioned upon the person's certification
 11 32 to the court of the installation of approved ignition
 11 33 interlock devices in all motor vehicles that it is necessary
 11 34 for the person to operate to maintain the person's present
 11 35 employment.  Section 321.561 does not apply to a person
 12  1 operating a motor vehicle in the manner permitted under this
 12  2 subsection.  If the person operates a motor vehicle which does
 12  3 not have an approved ignition interlock device or if the
 12  4 person tampers with or circumvents an ignition interlock
 12  5 device, in addition to other penalties provided, the person's
 12  6 temporary restricted license shall be revoked.  A person
 12  7 holding a temporary restricted license issued under this
 12  8 subsection shall not operate a commercial motor vehicle, as
 12  9 defined in section 321.1, on a highway if a commercial
 12 10 driver's license is required for the person to operate the
 12 11 commercial motor vehicle.
 12 12    Sec. 23.  Section 328.26, Code 1995, is amended to read as
 12 13 follows:
 12 14    328.26  APPLICATION FOR REGISTRATION.
 12 15    Every application for registration pursuant to sections
 12 16 328.19 to 328.22 shall be made upon such forms, and shall
 12 17 contain such information, as the department may prescribe, and
 12 18 every application shall be accompanied by the full amount of
 12 19 the registration fee.
 12 20    When an aircraft is registered to a person for the first
 12 21 time the application for registration shall be accompanied by
 12 22 evidence that fee submitted to the department shall include
 12 23 the tax imposed by section 422.43 or section 423.2 has been
 12 24 paid or evidence of the exemption of the aircraft from the tax
 12 25 imposed under section 422.43 or 423.2.
 12 26    Sec. 24.  Section 328.46, Code 1995, is amended to read as
 12 27 follows:
 12 28    328.46  PENALTY FOR DELAY.
 12 29    If a transfer of ownership of an aircraft subject to
 12 30 registration is not completed, as herein provided, within five
 12 31 thirty days of the actual change of possession, a penalty of
 12 32 five dollars shall accrue against said the aircraft and no a
 12 33 certificate of registration therefor shall thereafter issue
 12 34 not be issued until said the penalty is paid.
 12 35    Sec. 25.  Section 328.51, Code 1995, is amended to read as
 13  1 follows:
 13  2    328.51  ACCRUAL OF PENALTY.
 13  3    Failure to register shall be considered delinquent and a
 13  4 penalty shall accrue from the first day of the second month
 13  5 following thirty days from the date of the purchase of a new
 13  6 aircraft or from the first day of the second month following
 13  7 the date an aircraft is brought into the state, except as
 13  8 otherwise provided in this chapter.
 13  9    Sec. 26.  Sections 321.240 and 321E.30, Code 1995, are
 13 10 repealed.
 13 11    Sec. 27.  EFFECTIVE DATE.  Sections 1, 4, 7, and 8 of this
 13 12 Act take effect January 1, 1997.  
 13 13 SF 2266
 13 14 js/cc/26
     
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