Text: SSB02036 Text: SSB02038 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 form which has been made by a person having no 3 13 authority or right to make the license, card, or form. 3 14 4. Use a false or fictitious name in any application for a 3 15 motor vehicle license or nonoperator's identification card or 3 16 to knowingly make a false statement or knowingly conceal a 3 17 material fact or otherwise commit fraud on an application. 3 18 Sec. 5. Section 321.216B, Code 1995, is amended to read as 3 19 follows: 3 20 321.216B USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S 3 21 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL. 3 22 A person who is under the age of twenty-one, who alters or 3 23 displays or has in the person's possession a fictitious or 3 24 fraudulently altered motor vehicle license or nonoperator's 3 25 identification card and who uses the license to violate or 3 26 attempt to violate section 123.47 or 123.47A, commits a simple 3 27 misdemeanor. The court shall forward a copy of the conviction 3 28 or order of adjudication under section 232.47 to the 3 29 department. 3 30 Sec. 6. Section 321.218, subsections 1 and 4, Code 3 31 Supplement 1995, are amended to read as follows: 3 32 1. A person whose motor vehicle license or operating 3 33 privilege has been denied, canceled, suspended, or revoked as 3 34 provided in this chapter or as provided in section 252J.8, and 3 35 who operates a motor vehicle upon the highways of this state 4 1 while the license or privilege is denied, canceled, suspended, 4 2 or revoked, commits a serious misdemeanor. 4 3 4. The department, upon receiving the record of the 4 4 conviction of a person under this section upon a charge of 4 5 operating a motor vehicle while the license of the person is 4 6 suspended or revoked, shall, except for licenses suspended 4 7 under section 252J.8, 321.210, subsection 1, paragraph "c", 4 8 321.210A, 321.210B, or 321.513, extend the period of 4 9 suspension or revocation for an additional like period, and 4 10 the department shall not issue a new motor vehicle license to 4 11 the person during the additional period. 4 12 If the department receives a record of a conviction of a 4 13 person under this section but the person's driving record does 4 14 not indicate what the original grounds of suspension were, the 4 15 period of suspension under this subsection shall be for a 4 16 period not to exceed six months. 4 17 Sec. 7. Section 321E.16, Code 1995, is amended to read as 4 18 follows: 4 19 321E.16 VIOLATIONS – PENALTIES. 4 20AnyA person whois convicted of a violation of any4 21 violates a provision of this chapter or of rules adopted under 4 22 section 321E.15, other than length, height, width, or weight 4 23 allowed by any permit issued under this chapter shall be 4 24punished by asubject to a scheduled fineof one hundred4 25dollars for the first conviction, two hundred fifty dollars4 26for a second conviction within a twelve-month period, and five4 27hundred dollars for a third conviction within a twelve-month4 28periodunder section 805.8, subsection 2. The fine for 4 29 violation ofthe length, height, width, and weight allowed by4 30 a permit shall be based upon the difference between the actual 4 31 length, height, width, and weight of the vehicle and load and 4 32 the maximum allowable by permitandin accordance with section 4 33 321.482 for violations of length, height, or width limitations 4 34 and sections 321.482 and 321.463 forviolationviolations of 4 35 weight limitations. If a vehicle with indivisible load 5 1 traveling under permit is found to be in violation of weight 5 2 limitations, the vehicle operator shall be allowed a 5 3 reasonable amount of time to remove any ice, mud, snow, and 5 4 other weight attributable to climatic conditions accumulated 5 5 along the route prior to application of the penalties 5 6 prescribed in sections 321.463 and 321.482.The department5 7shall adopt rules to require peace officer escorts for permit5 8holders convicted for the third time in a twelve-month period5 9of violating a provision of this chapter or a provision of5 10rules adopted pursuant to section 321E.15.5 11 Sec. 8. Section 321J.4, subsection 8, Code Supplement 5 12 1995, is amended to read as follows: 5 13 8. A person whose motor vehicle license has either been 5 14 revoked under this chapter, or revoked or suspended under 5 15 chapter 321 solely for violations of this chapter, or who has 5 16 been determined to be a habitual offender under chapter 321 5 17 based solely on violations of this chapter, and who is not 5 18 eligible for a temporary restricted license under this chapter 5 19 may petition the court upon the expiration of the minimum 5 20 period of ineligibility for a temporary restricted license 5 21 provided for under this section or section 321J.9, 321J.12, or 5 22 321J.20 for an order to the department to require the 5 23 department to issue a temporary restricted license to the 5 24 person notwithstanding section 321.560. Upon the filing of a 5 25 petition for a temporary restricted license under this 5 26 section, the clerk of the district court in the county where 5 27 the violation that resulted in the revocation occurred shall 5 28 send notice of the petition to the department and the 5 29 prosecuting attorney. The department and the prosecuting 5 30 attorney shall each be given an opportunity to respond to and 5 31 request a hearing on the petition. The court shall determine 5 32 if the temporary restricted license is necessary for the 5 33 person to maintain the person's present employment. However, 5 34 a temporary restricted license shall not be ordered or issued 5 35 forviolationsa violation of section 321J.2A or topersonsa 6 1 person under the age of twenty-onewho commit violations under6 2section 321J.2whose license is revoked under section 321J.4, 6 3 321J.9, or 321J.12. If the court determines that the 6 4 temporary restricted license is necessary for the person to 6 5 maintain the person's present employment, and that the minimum 6 6 period of ineligibility for receipt of a temporary license has 6 7 expired, the court shall order the department to issue to the 6 8 person a temporary restricted license conditioned upon the 6 9 person's certification to the court of the installation of 6 10 approved ignition interlock devices in all motor vehicles that 6 11 it is necessary for the person to operate to maintain the 6 12 person's present employment. Section 321.561 does not apply 6 13 to a person operating a motor vehicle in the manner permitted 6 14 under this subsection. If the person operates a motor vehicle 6 15 which does not have an approved ignition interlock device or 6 16 if the person tampers with or circumvents an ignition 6 17 interlock device, in addition to other penalties provided, the 6 18 person's temporary restricted license shall be revoked. A 6 19 person holding a temporary restricted license issued under 6 20 this subsection shall not operate a commercial motor vehicle, 6 21 as defined in section 321.1, on a highway if a commercial 6 22 driver's license is required for the person to operate the 6 23 commercial motor vehicle. 6 24 Sec. 9. Section 321J.20, subsection 2, Code Supplement 6 25 1995, is amended to read as follows: 6 26 2. This section does not apply to a person whose license 6 27wasis revoked under section 321J.2A or section 321J.4, 6 28 subsection 3 or 5, to a person who is under the age of twenty- 6 29 one whose license is revoked under section 321J.4, 321J.9, or 6 30 321J.12, or to a person whose license is suspended or revoked 6 31 for another reason. 6 32 Sec. 10. Section 322.3, Code 1995, is amended to read as 6 33 follows: 6 34 322.3 PROHIBITED ACTS. 6 35 1.NoA person shall not engage in this state in the 7 1 business of selling at retail new motor vehicles of any make 7 2 or represent or advertise that the person is engaged or 7 3 intends to engage in such business in this state unless the 7 4 person is authorized to do so by a contract in writing with 7 5 the manufacturer or distributor of such make of new motor 7 6 vehiclesto so dispose thereof in this stateand unless the 7 7 department has licensed the person as a motor vehicle dealer 7 8 in this state in motor vehicles of such make and has issued to 7 9 the person a license in writing as provided in this chapter 7 10provided. 7 11 2.NoA person, other than a licensed dealer in new motor 7 12 vehicles, shall not engage in this state in the business of 7 13 selling at retail used motor vehicles or represent or 7 14 advertise that the person is engaged or intends to engage in 7 15 such business in this state unless and until the department 7 16 has licensedsuchthe person as a used motor vehicle dealer in 7 17 the state and has issued to the person a license in writing as 7 18 provided in this chapterprovided. 7 19 3.Nothing contained in subsectionsSubsections 1 and 2 7 20hereofshall not be construedas requiringto require the 7 21 separate licensing of persons employed as salespersons of 7 22 motor vehicles by a retail motor vehicle dealerhereunder,7 23but. However, the departmentis hereby authorized and7 24empowered to make, publish, andmay promulgatesuchreasonable 7 25 rulesand regulationsasit may deemnecessary for the proper 7 26 identification of personssoemployed as salespersonsby any7 27such licensee. 7 28 4.NoA person, who is engaged in the business of selling 7 29 at retail motor vehicles, shall not enter into any contract, 7 30 agreement, or understanding, express or implied, with any 7 31 manufacturer or distributor of any such motor vehicles that 7 32 the person will sell, assign, or transfer any retail 7 33 installment contracts arising from the retail installment sale 7 34 of such motor vehiclesor any one or more thereofonly to a 7 35 designated person or class of persons.Any suchA condition, 8 1 agreement, or understanding between any manufacturer or 8 2 distributor and a motor vehicle dealer in this state of this 8 3 nature is hereby declared to be against the public policy of 8 4 this state and to be unlawful and void. 8 5 5.NoA manufacturer or distributor of motor vehicles or 8 6 any agent or representative ofsucha manufacturer or 8 7 distributor, shall not terminate or threaten to terminate, or 8 8 fail to renew any contract, agreement, or understanding for 8 9 the sale of new motor vehicles to any motor vehicle dealer in 8 10 this state without just, reasonable and lawful causetherefor8 11 or becausesuchthe motor vehicle dealer failed to sell, 8 12 assign, or transfer any retail installment contract arising 8 13 from the retail sale of such motor vehicles or any one or more 8 14 of them to a person or a class of persons designated bysuch8 15 the manufacturer or distributor.Provided, however, that8 16 However, the provisions of this subsection relating to 8 17 "failure to renew" shall not apply to any contract, agreement, 8 18 or understanding, which is for a term of five or more years. 8 19 6.NoA person, who is engaged in the business of selling 8 20 at retail motor vehicles, shall not make and enter into a 8 21 retail installment contract unlesssuchthe contract meets the 8 22 following requirements: 8 23 a. Every retail installment contract shall be in writing, 8 24 shall be signed by both the buyer and the seller and shall be 8 25 completed as to all essential provisions prior to the signing 8 26 of the contract by the buyer except that, if delivery of the 8 27 motor vehicle is not made at the time of the execution of the 8 28 contract, the identifying numbers or marks of the motor 8 29 vehicle or similar information and the due date of the first 8 30 installment may be inserted in the contract after its 8 31 execution. 8 32 b. The contract shall comply with the Iowa consumer credit 8 33 code, where applicable. 8 34 7.Nothing contained hereinThis section shall not be 8 35 construed to require that a place of business as defined in 9 1 this chapter shall be maintained by a person selling motor 9 2 vehicles at retail solely for the purpose of disposing of 9 3 motor vehicles acquired or repossessed by such person in 9 4 exercise of powers or rights granted by lien or title- 9 5 retention instruments or contracts given as security for loans 9 6 or purchase money obligations. 9 7 8.NoA manufacturer or distributor of motor vehicles or 9 8 agent or representative ofsucha manufacturer or distributor 9 9 shall not coerce or attempt to coerce any motor vehicle dealer 9 10 to accept delivery of any motor vehicle or vehicles, parts, or 9 11 accessoriesthereof, or any other commodity or commodities 9 12 whichshall nothave not been ordered bysuchthe dealer. 9 13 9.NoA person licensed under this chapter shall not, 9 14 either directly or through an agent, salesperson or employee, 9 15 engage in this state, or represent or advertise that the 9 16 person is engaged or intends to engage in this state, in the 9 17 business of buying or selling at retail new or used motor 9 18 vehicles, other than mobile homes more than eight feet in 9 19 width or more than thirty-two feet in length as defined in 9 20 section 321.1, on the first day of the week, commonly known 9 21 and designated as Sunday. 9 22 10. A manufacturer, distributor, or importer of motor 9 23 vehicles or agent or representative of such manufacturer, 9 24 distributor, or importer shall not require a motor vehicle 9 25 dealer to submit to arbitration to resolve a controversy 9 26 before the controversy arises. The parties may enter into a 9 27 voluntary agreement to arbitrate a controversy after it 9 28 arises. Such an agreement shall require that the arbitrator 9 29 apply Iowa law in resolving the controversy. Either party may 9 30 appeal a decision of an arbitrator to the district court on 9 31 the grounds that the arbitrator failed to apply Iowa law. 9 32 11. A person who is engaged in the business of selling 9 33 motor vehicles at retail shall not sell, offer for sale, 9 34 represent, or advertise that the person intends to sell motor 9 35 vehicles from a location other than the person's place of 10 1 business, except as provided in section 322.5. 10 2 Sec. 11. Section 805.8, subsection 2, Code Supplement 10 3 1995, is amended by adding the following new paragraphs: 10 4 NEW PARAGRAPH. z. For violations of section 321.460 10 5 prohibiting spilling loads on the highway, the scheduled fine 10 6 is one hundred dollars. 10 7 NEW PARAGRAPH. aa. For violations of the permit 10 8 provisions for overweight and oversize vehicles under section 10 9 321E.16, the scheduled fine is one hundred dollars. 10 10 NEW PARAGRAPH. bb. For violations of importing fuel in 10 11 the supply tank of a motor vehicle under section 452A.52, the 10 12 scheduled fine is one hundred dollars. 10 13 Sec. 12. Section 805.8, Code Supplement 1995, is amended 10 14 by adding the following new subsection: 10 15 NEW SUBSECTION. 12. VIOLATIONS OF TITLE LAWS. For 10 16 violations under sections 321.25, 321.45, 321.46, 321.48, 10 17 321.52, 321.67, and 321.104, the scheduled fine is fifty 10 18 dollars. 10 19 Sec. 13. Section 805.8, subsection 2, paragraph u, Code 10 20 Supplement 1995, is amended to read as follows: 10 21 u. Forobtaining, possessing, or having in one's control10 22or one's premisesunlawful use of a motor vehicle license,or 10 23 a nonoperator's identification card, or a blank motor vehicle10 24license formin violation of section 321.216,subsection 7 or10 258,the scheduled fine isfiftyseventy-five dollars. 10 26 Sec. 14. NEW SECTION. 807.1A UNIFORM CITATION AND 10 27 COMPLAINT. 10 28 A corporation may be charged upon a uniform citation and 10 29 complaint adopted under section 805.6 for a scheduled 10 30 violation under section 805.8 if the corporation violates a 10 31 provision of chapter 321. 10 32 EXPLANATION 10 33 This bill makes changes to various transportation-related 10 34 sanctions. 10 35 The bill amends sections 123.48, 321.190, 321.216, 11 1 321.216A, 321.216B, and 805.8, subsection 2, paragraph "u", to 11 2 consolidate provisions relating to nonoperator's 11 3 identification cards and motor vehicle licenses in the same 11 4 Code sections, make conforming changes and to increase the 11 5 penalty from a simple to a serious misdemeanor for a person to 11 6 do any of the following: 11 7 1. Obtain, possess, or have in the person's control or on 11 8 the person's premises motor vehicle license or nonoperator's 11 9 identification card forms. 11 10 2. Obtain, possess, or have in the person's control or on 11 11 the person's premises, a motor vehicle license or a 11 12 nonoperator's identification card, or blank motor vehicle 11 13 license form which has been made by a person having no 11 14 authority or right to make the license, card, or form. 11 15 3. Use a false or fictitious name in any application for a 11 16 motor vehicle license or nonoperator's identification card or 11 17 to knowingly make a false statement or knowingly conceal a 11 18 material fact or otherwise commit fraud on an application. 11 19 A simple misdemeanor is punishable with a fine of at least 11 20 $50 but not to exceed $100 or up to 30 days imprisonment. A 11 21 serious misdemeanor is punishable with a fine of at least 11 22 $250, but not to exceed $1,500 and imprisonment not to exceed 11 23 one year. 11 24 The bill provides that it is a serious misdemeanor for a 11 25 person to operate a motor vehicle if the person's motor 11 26 vehicle license has been denied, suspended, or revoked under 11 27 chapter 252J for failure to pay child support or if the 11 28 person's motor vehicle license has been suspended under 11 29 section 321.210B for failure to pay a debt owed to the state. 11 30 However, suspension of a motor vehicle license for failure to 11 31 pay a debt owed to the state is only authorized in those 11 32 counties that are participating in the driver's license 11 33 indebtedness clearance pilot project. 11 34 Sections 321E.16 and 805.8 are amended to provide a 11 35 scheduled fine of $100 for each violation of length, width, 12 1 height, or weight provisions for motor vehicles and loads. 12 2 Current law provides that the first violation is punishable by 12 3 a fine of $100, the second violation within a 12-month period 12 4 is punishable by a fine of $250, and the third violation 12 5 within a 12-month period is punishable by a fine of $500. The 12 6 bill also strikes a provision requiring the state department 12 7 of transportation to adopt rules to require peace officer 12 8 escorts for permit holders who incur three violations within a 12 9 12-month period. 12 10 Sections 321J.4 and 321J.20 are amended to prohibit a 12 11 person under the age of 21 whose license was revoked under 12 12 section 321J.4, 321J.9, or 321J.12, from being eligible for a 12 13 temporary restricted license issued under chapter 321J. 12 14 Section 322.3 is amended to prohibit a retail motor vehicle 12 15 dealer from selling, offering to sell, representing, or 12 16 advertising that the dealer intends to sell motor vehicles 12 17 from a location other than the person's principal place of 12 18 business. The prohibition provides exceptions for display and 12 19 sale of motor vehicles and classic cars at fairs, vehicle 12 20 shows, and vehicle exhibitions under certain circumstances and 12 21 upon issuance of a temporary permit. Section 322.3 is also 12 22 amended to make technical corrections. 12 23 The bill also adds to the list of scheduled violations 12 24 under section 805.8 the following: 12 25 1. For spilling loads on the highway in violation of 12 26 section 321.460, the fine is $100. 12 27 2. For overweight and oversize vehicle violations under 12 28 section 321E.16, the fine is $100. 12 29 3. For illegal importation of fuels under section 452A.52, 12 30 the fine is $100. 12 31 4. For title law violations under sections 321.25, 321.45, 12 32 321.46, 321.48, 321.52, 321.67, and 321.104, the fine is $50. 12 33 Finally, the bill allows a uniform citation and complaint 12 34 to be issued to a corporation who has violated a provision of 12 35 chapter 321. 13 1 BACKGROUND STATEMENT 13 2 SUBMITTED BY THE AGENCY 13 3 This bill increases the penalty from a simple to a serious 13 4 misdemeanor for fraudulent application for a driver's license 13 5 or a nonoperator's identification card and for possession of 13 6 materials for making fraudulent applications. 13 7 The bill clarifies language concerning persons under the 13 8 age of 21 who violate the operating while intoxicated law so 13 9 that in no case may a person under age 21 be issued a 13 10 temporary restricted license. Current law prohibits the 13 11 issuance of a temporary restricted license to a person under 13 12 the age of 21 who tests .02 but less than .10, but allows 13 13 persons in that age group who test over .10 or who refuse to 13 14 test to obtain a permit. 13 15 The bill adds a sanction for driving while under suspension 13 16 due to nonpayment of child support and a state debt. The bill 13 17 prohibits motor vehicle dealers from selling from anywhere but 13 18 their own location and allows corporations to be cited with a 13 19 uniform citation and complaint. 13 20 The bill provides for scheduled violations and fines for a 13 21 variety of common motor vehicle violations in order to improve 13 22 the process of enforcement. 13 23 LSB 3384DP 76 13 24 js/jw/5
Text: SSB02036 Text: SSB02038 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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