Iowa General Assembly Banner


Text: SSB02128                          Text: SSB02130
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2129

Conference Committee Text

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 section 321.190, 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 27 321.190, 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 &endash; 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 17    5.  To use a false or fictitious name in an application for
  2 18 a motor vehicle license or to knowingly make a false statement
  2 19 or to knowingly conceal a material fact or otherwise commit a
  2 20 fraud in the application.
  2 21    6. 5.  To permit an unlawful use of a motor vehicle license
  2 22 or nonoperator's identification card issued to that person.
  2 23    7.  To obtain, possess or have in one's control or on one's
  2 24 premises blank motor vehicle license forms.
  2 25    8.  To obtain, possess, or have in one's control or on
  2 26 one's premises a motor vehicle license, a nonoperator's
  2 27 identification card, or a blank motor vehicle license form,
  2 28 which has been made by a person having no authority or right
  2 29 to 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 21 simple serious 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 &endash; PENALTIES.
  4 29    Any A person who is convicted of a violation of any
  4 30 violates a provision of a permit issued pursuant to this
  4 31 chapter or of rules adopted under section 321E.15, other than
  4 32 length, height, width, or a provision relating to weight
  4 33 allowed by any permit issued under this chapter shall be
  4 34 punished by a subject to a scheduled fine of one hundred
  4 35 dollars for the first conviction, two hundred fifty dollars
  5  1 for a second conviction within a twelve-month period, and five
  5  2 hundred dollars for a third conviction within a twelve-month
  5  3 period under section 805.8, subsection 2.  The fine for
  5  4 violation of the length, height,  width, and weight allowed by
  5  5 a permit shall be based upon the difference between the actual
  5  6 length, height, width, and weight of the vehicle and load and
  5  7 the maximum allowable by permit and in accordance with section
  5  8 321.482 for violations of length, height, or width limitations
  5  9 and sections 321.482 and 321.463 for violation of weight
  5 10 limitations.  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 in sections section 321.463 and 321.482.  The
  5 17 department shall adopt rules to require peace officer escorts
  5 18 for permit holders convicted for the third time in a twelve-
  5 19 month period of violating a provision of this chapter or a
  5 20 provision 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 for violations a violation of section 321J.2A or to persons a
  7 11 person under the age of twenty-one who commit violations under
  7 12 section 321J.2 whose 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.  No A 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 vehicles to so dispose thereof in this state and 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 26 provided.
  8 27    2.  No A 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 licensed such the 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 chapter provided.
  8 35    3.  Nothing contained in subsections Subsections 1 and 2
  9  1 hereof shall not be construed as requiring to require the
  9  2 separate licensing of persons employed as salespersons of
  9  3 motor vehicles by a retail motor vehicle dealer hereunder,
  9  4 but.  However, the department is hereby authorized and
  9  5 empowered to make, publish, and may promulgate such reasonable
  9  6 rules and regulations as it may deem necessary for the proper
  9  7 identification of persons so employed as salespersons by any
  9  8 such licensee.
  9  9    4.  No A 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 vehicles or any one or more thereof only to a
  9 16 designated person or class of persons.  Any such A 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.  No A manufacturer or distributor of motor vehicles or
  9 22 any agent or representative of such a 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 cause therefor
  9 27 or because such the 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 by such
  9 31 the manufacturer or distributor.  Provided, however, that the
  9 32 provisions of this subsection relating to "failure to renew"
  9 33 shall not apply to any contract, agreement, or understanding,
  9 34 which is for a term of five or more years.
  9 35    6.  No A 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 unless such the 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 herein This 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.  No A manufacturer or distributor of motor vehicles or
 10 24 agent or representative of such a 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 accessories thereof, or any other commodity or commodities
 10 28 which shall not have not been ordered by such the dealer.
 10 29    9.  No A 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, Code Supplement
 11 19 1995, is amended by adding the following new paragraphs:
 11 20    NEW PARAGRAPH.  z.  For violations of section 321.460
 11 21 prohibiting spilling loads on the highway, the scheduled fine
 11 22 is one hundred dollars.
 11 23    NEW PARAGRAPH.  aa.  For violations of length, height,
 11 24 width, and other provisions of a permit, except weight
 11 25 provisions, under section 321E.16, the scheduled fine is one
 11 26 hundred dollars.
 11 27    NEW PARAGRAPH.  bb.  For violations of importing fuel in
 11 28 the supply tank of a motor vehicle under section 452A.52, the
 11 29 scheduled fine is one hundred dollars.
 11 30    Sec. 15.  Section 805.8, Code Supplement 1995, is amended
 11 31 by adding the following new subsection:
 11 32    NEW SUBSECTION.  12.  VIOLATIONS OF TITLE LAWS.  For
 11 33 violations under sections 321.25, 321.45, 321.46, 321.48,
 11 34 321.52, 321.67, and 321.104, the scheduled fine is fifty
 11 35 dollars.
 12  1    Sec. 16.  Section 805.8, subsection 2, paragraph u, Code
 12  2 Supplement 1995, is amended to read as follows:
 12  3    u.  For obtaining, possessing, or having in one's control
 12  4 or one's premises unlawful use of a motor vehicle license, or
 12  5 a nonoperator's identification card, or a blank motor vehicle
 12  6 license form in violation of section 321.216, subsection 7 or
 12  7 8, the scheduled fine is fifty seventy-five dollars.
 12  8    Sec. 17.  NEW SECTION.  807.1A  UNIFORM CITATION AND
 12  9 COMPLAINT.
 12 10    A corporation may be charged upon a uniform citation and
 12 11 complaint adopted under section 805.6 for a scheduled
 12 12 violation under section 805.8.  
 12 13                           EXPLANATION
 12 14    This bill makes changes to various transportation-related
 12 15 sanctions.
 12 16    The bill amends sections 123.48, 321.190, 321.216,
 12 17 321.216A, 321.216B, and 805.8, subsection 2, paragraph "u", to
 12 18 consolidate provisions relating to nonoperator's
 12 19 identification cards and motor vehicle licenses in the same
 12 20 Code sections, make conforming changes and to increase the
 12 21 penalty from a simple to a serious misdemeanor for a person to
 12 22 do any of the following:
 12 23    1.  Obtain, possess, or have in the person's control or on
 12 24 the person's premises motor vehicle license or nonoperator's
 12 25 identification card forms.
 12 26    2.  Obtain, possess, or have in the person's control or on
 12 27 the person's premises, a motor vehicle license or a
 12 28 nonoperator's identification card, or blank motor vehicle
 12 29 license form which has been made by a person having no
 12 30 authority or right to make the license, card, or form.
 12 31    3.  Use a false or fictitious name in any application for a
 12 32 motor vehicle license or nonoperator's identification card or
 12 33 to knowingly make a false statement or knowingly conceal a
 12 34 material fact or otherwise commit fraud on an application.
 12 35    A simple misdemeanor is punishable with a fine of at least
 13  1 $50 but not to exceed $100 or up to 30 days imprisonment.  A
 13  2 serious misdemeanor is punishable with a fine of at least
 13  3 $250, but not to exceed $1,500 and imprisonment not to exceed
 13  4 one year.
 13  5    The bill amends section 321.218 to provide that it is a
 13  6 serious misdemeanor for a person to operate a motor vehicle if
 13  7 the person's motor vehicle license has been denied, suspended,
 13  8 or revoked under chapter 252J for failure to pay child support
 13  9 or if a person operates a commercial motor vehicle when
 13 10 disqualified if a commercial driver's license is required for
 13 11 operation.  It is also amended to provide that the revocation
 13 12 period is not extended for an additional time period if a
 13 13 person is operating with a suspended or revoked license for
 13 14 failure to pay child support or an indebtedness to the state.
 13 15 Section 321.218, subsection 2, is stricken because the
 13 16 language is redundant.
 13 17    Sections 321E.16 and 805.8 are amended to provide a
 13 18 scheduled fine of $100 for each violation of length, width,
 13 19 height, or other permit provisions for motor vehicles and
 13 20 loads.  Current law provides that the first violation is
 13 21 punishable by a fine of $100, the second violation within a
 13 22 12-month period is punishable by a fine of $250, and the third
 13 23 violation within a 12-month period is punishable by a fine of
 13 24 $500.  The bill also strikes a provision requiring the state
 13 25 department of transportation to adopt rules to require peace
 13 26 officer escorts for permit holders who incur three violations
 13 27 within a 12-month period.
 13 28    Sections 321J.4 and 321J.12 are amended to provide that a
 13 29 person under the age of 21 is not eligible for a temporary
 13 30 restricted license for at least 60 days after the effective
 13 31 date of the revocation.  The ability to obtain a temporary
 13 32 restricted license after 60 days is only for a first offense
 13 33 for operating while intoxicated and only for a conviction or a
 13 34 deferred judgment under section 321J.4 or a test result
 13 35 revocation under section 321J.12.  The amendments also provide
 14  1 that the court cannot order the department to issue a
 14  2 temporary restricted license to persons under the age of 21.
 14  3    Section 322.3 is amended to prohibit a retail motor vehicle
 14  4 dealer from selling, offering to sell, representing, or
 14  5 advertising that the dealer intends to sell motor vehicles
 14  6 from a location other than the person's principal place of
 14  7 business.  The prohibition provides exceptions for display and
 14  8 sale of motor vehicles and classic cars at fairs, vehicle
 14  9 shows, and vehicle exhibitions under certain circumstances and
 14 10 upon issuance of a temporary permit.  Section 322.3 is also
 14 11 amended to make technical corrections.
 14 12    The bill also adds to the list of scheduled violations
 14 13 under section 805.8 the following:
 14 14    1.  For spilling loads on the highway in violation of
 14 15 section 321.460, the fine is $100.
 14 16    2.  For length, width, height, and other permit violations
 14 17 other than weight violations under section 321E.16, the fine
 14 18 is $100.
 14 19    3.  For illegal importation of fuels under section 452A.52,
 14 20 the fine is $100.
 14 21    4.  For title law violations under sections 321.25, 321.45,
 14 22 321.46, 321.48, 321.52, 321.67, and 321.104, the fine is $50.
 14 23    Finally, the bill allows a uniform citation and complaint
 14 24 to be issued to a corporation for a scheduled violation under
 14 25 section 805.8.  
 14 26 LSB 4217SC 76
 14 27 js/jw/5
     

Text: SSB02128                          Text: SSB02130
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/02100/SSB02129/960206.html
jhf