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Senate File 132

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 132
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATE DEPARTMENT OF TRANSPORTATION OPERATIONS, IN-
  1  5    CLUDING REGULATING HAZARDOUS MATERIALS TRANSPORT, REGULATING
  1  6    MOTOR VEHICLE DEALERS, ELIMINATING REQUIREMENTS THAT THE DE-
  1  7    PARTMENT ADOPT ADMINISTRATIVE RULES IN CERTAIN INSTANCES,
  1  8    AND ESTABLISHING, MAKING APPLICABLE, OR ENHANCING PENALITES.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 11 
  1 12    Section 1.  Section 321.1, Code 1997, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  0A.  "Agricultural hazardous material"
  1 15 means a hazardous material, other than hazardous waste, whose
  1 16 end use directly supports the production of an agricultural
  1 17 commodity, including, but not limited to, a fertilizer,
  1 18 pesticide, soil conditioner, or fuel.  "Agricultural hazardous
  1 19 material" is limited to material in class 3, 8, or 9, division
  1 20 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as defined in 49
  1 21 C.F.R. } 171.8.
  1 22    Sec. 2.  Section 321.1, subsection 42, paragraph c, Code
  1 23 1997, is amended to read as follows:
  1 24    c.  "New motor vehicle or new car" means a car motor
  1 25 vehicle subject to registration which has not been sold "at
  1 26 retail" as defined in chapter 322.
  1 27    Sec. 3.  Section 321.11, unnumbered paragraph 3, Code 1997,
  1 28 is amended to read as follows:
  1 29    Notwithstanding other provisions of this section to the
  1 30 contrary, the department shall not release personal
  1 31 information to a person, other than to an officer or employee
  1 32 of a law enforcement agency or a licensed private
  1 33 investigation agency or a licensed security service or a
  1 34 licensed employee of either, if the information is requested
  1 35 by the presentation of a registration plate number.  However,
  2  1 a law enforcement agency may release the name, address, and
  2  2 telephone number of a motor vehicle registrant to a person
  2  3 requesting the information by the presentation of a
  2  4 registration plate number if the law enforcement agency
  2  5 believes that the information is necessary to prevent an
  2  6 unlawful act.  A person seeking the information shall state in
  2  7 writing the nature of the unlawful act that the person is
  2  8 attempting to prevent.
  2  9    Sec. 4.  Section 321.25, unnumbered paragraph 2, Code 1997,
  2 10 is amended to read as follows:
  2 11    The department shall, upon request by any dealer, furnish
  2 12 "registration applied for" cards free of charge.  Only cards
  2 13 furnished by the department shall be used.  Only one card
  2 14 shall be issued in accordance with this subsection for each
  2 15 vehicle purchased.
  2 16    Sec. 5.  Section 321.34, subsection 9, Code 1997, is
  2 17 amended to read as follows:
  2 18    9.  LEASED VEHICLES.  Registration plates under this
  2 19 section, including disabled veteran plates specified in
  2 20 section 321.105, may be issued to the lessee of a motor
  2 21 vehicle if the lessee provides evidence of a lease for a
  2 22 period of more than sixty days and if the lessee complies with
  2 23 the requirements, under this section, for issuance of the
  2 24 specific registration plates.
  2 25    Sec. 6.  Section 321.50, subsection 4, Code 1997, is
  2 26 amended by adding the following new unnumbered paragraph:
  2 27    NEW UNNUMBERED PARAGRAPH.  However, when a security
  2 28 interest is discharged for a vehicle with a gross vehicle
  2 29 weight rating of sixteen thousand pounds or more, the
  2 30 lienholder shall note the cancellation of a security interest
  2 31 on the face of the title and may note the cancellation of the
  2 32 security interest on a form prescribed by the department and
  2 33 deliver a copy of the form in lieu of the title to the
  2 34 department or to the treasurer of the county in which the
  2 35 title was issued.  The department or county treasurer shall
  3  1 note the release of the security interest upon the statewide
  3  2 computer system and the county's records.  A copy of the form,
  3  3 if used, shall be attached to the title by the lienholder and
  3  4 shall be evidence of the release of the security interest.
  3  5 The lienholder shall deliver the title to the first
  3  6 lienholder, or if there is no such person, to the person as
  3  7 designated by the owner, or if there is no such person
  3  8 designated, to the owner.
  3  9    Sec. 7.  Section 321.52, subsection 4, paragraph c,
  3 10 unnumbered paragraph 2, Code 1997, is amended to read as
  3 11 follows:
  3 12    The provision of this subsection requiring a salvage theft
  3 13 examination by a peace officer specially certified or
  3 14 recertified by the Iowa law enforcement academy to do salvage
  3 15 theft examinations shall become effective July 1, 1989.
  3 16 Salvage theft examinations conducted before July 1, 1989,
  3 17 shall be made by peace officers authorized to do so by the
  3 18 state department of transportation or the department of public
  3 19 safety who are qualified, as determined by those agencies, to
  3 20 conduct salvage theft examinations.  The state department of
  3 21 transportation shall adopt rules in accordance with chapter
  3 22 17A to carry out this section, including transition rules
  3 23 allowing for salvage theft examinations prior to July 1, 1989.
  3 24    Sec. 8.  Section 321.69, subsection 9, Code 1997, is
  3 25 amended to read as follows:
  3 26    9.  This section does not apply to new motor vehicles with
  3 27 a true mileage, as defined in section 321.71, of one thousand
  3 28 miles or less, motor trucks and truck tractors with a gross
  3 29 vehicle weight rating of sixteen thousand pounds or more,
  3 30 vehicles more than nine model years old, motorcycles,
  3 31 motorized bicycles, and special mobile equipment.  The section
  3 32 does apply to motor homes.
  3 33    Sec. 9.  Section 321.104, subsection 4, Code 1997, is
  3 34 amended to read as follows:
  3 35    4.  To purport to sell, offer for sale, or transfer a motor
  4  1 vehicle, trailer, or semitrailer, except as provided in
  4  2 section 321.47 or 321.48, without obtaining a certificate of
  4  3 title in the name of the seller or transferor or without
  4  4 delivering to the purchaser or transferee a certificate of
  4  5 title or a manufacturer's or importer's certificate duly
  4  6 assigned to the purchaser or transferee as provided in this
  4  7 chapter.
  4  8    Sec. 10.  Section 321.105, unnumbered paragraph 5, Code
  4  9 1997, is amended to read as follows:
  4 10    Seriously disabled veterans who have been provided with an
  4 11 automobile or other vehicle by the United States government
  4 12 under the provisions of sections 1901 to 1903, Title 38 of the
  4 13 United States Code, [38 U.S.C. } 1901 et seq.  (1970)], shall
  4 14 be exempt from payment of any automobile registration fee
  4 15 provided in this chapter, and shall be provided, without fee,
  4 16 with a registration plate.  The disabled veteran, to be able
  4 17 to claim the above benefit, must be a resident of the state of
  4 18 Iowa and must produce a certificate of title to the automobile
  4 19 owned and registered in this state in the name of said
  4 20 veteran.
  4 21    Sec. 11.  NEW SECTION.  321.174A  OPERATION OF MOTOR
  4 22 VEHICLES WITH EXPIRED LICENSE.
  4 23    A person shall not operate a motor vehicle upon a highway
  4 24 in this state with an expired motor vehicle license.
  4 25    Sec. 12.  Section 321.208A, Code 1997, is amended to read
  4 26 as follows:
  4 27    321.208A  OPERATION IN VIOLATION OF OUT-OF-SERVICE ORDER –
  4 28 PENALTY.
  4 29    A person required to hold a commercial driver's license to
  4 30 operate a commercial motor vehicle shall not operate a
  4 31 commercial motor vehicle on the highways of this state in
  4 32 violation of an out-of-service order issued by a peace officer
  4 33 for a violation of the out-of-service rules adopted by the
  4 34 department.  An employer shall not allow an employee to drive
  4 35 a commercial motor vehicle in violation of such out-of-service
  5  1 order.  The department shall adopt out-of-service rules which
  5  2 shall be consistent with 49 C.F.R. } 392.5 adopted as of a
  5  3 specific date by the department.  A person who violates this
  5  4 section shall be subject to a penalty of one hundred dollars.
  5  5    Sec. 13.  Section 321.236, subsection 12, Code 1997, is
  5  6 amended to read as follows:
  5  7    12.  Designating highways or portions of highways as snow
  5  8 routes.  When conditions of snow or ice exist on the traffic
  5  9 surface of a designated snow route, it is unlawful for the
  5 10 driver of a vehicle to impede or block traffic if the driving
  5 11 wheels of the vehicle are not equipped with snow tires, tire
  5 12 chains, or a nonslip differential.  "Snow tires" as used in
  5 13 this subsection means tires designed for use when there are
  5 14 conditions of snow or ice on the highways, and meeting the
  5 15 standards which shall be promulgated by rule of the director
  5 16 of transportation.  The standards promulgated by the director
  5 17 shall require that snow tires be so designed to provide
  5 18 adequate traction to maintain reasonable movement of the motor
  5 19 vehicle on highways under snow conditions.
  5 20    Any A person charged with impeding or blocking traffic for
  5 21 lack of snow tires, chains, or nonslip differential shall have
  5 22 said the charge dismissed upon a showing to the court that the
  5 23 person's motor vehicle was equipped with snow tires, chains,
  5 24 or a nonslip differential.
  5 25    Sec. 14.  Section 321.249, Code 1997, is amended to read as
  5 26 follows:
  5 27    321.249  SCHOOL ZONES.
  5 28    Cities and counties shall have the power to establish
  5 29 school zones and provide for the stopping of all motor
  5 30 vehicles approaching said the school zones, when movable stop
  5 31 signs have been placed in the streets in such the cities and
  5 32 highways in counties at the limits of the zones, this
  5 33 notwithstanding the provisions of any statute to the contrary.
  5 34 All traffic-control devices provided for school zones shall
  5 35 conform to specifications included in the manual of traffic-
  6  1 control devices adopted by the department, except the
  6  2 provision prohibiting the use of portable or part-time stop
  6  3 signs.
  6  4    Sec. 15.  Section 321.266, subsection 4, Code 1997, is
  6  5 amended to read as follows:
  6  6    4.  Notwithstanding section 455B.386, a carrier
  6  7 transporting hazardous material upon a public highway in this
  6  8 state, in the case of an accident involving the transportation
  6  9 of the hazardous material, shall immediately notify the police
  6 10 radio broadcasting system established pursuant to section
  6 11 693.1 or shall notify a peace officer of the county or city in
  6 12 which the accident occurs.  When a local law enforcement
  6 13 agency is informed of the accident, the agency shall notify
  6 14 the Iowa highway safety patrol and the state department of
  6 15 transportation office of motor vehicle enforcement.  A person
  6 16 who violates a provision of this subsection is guilty of a
  6 17 serious misdemeanor.
  6 18    Sec. 16.  Section 321.309, Code 1997, is amended to read as
  6 19 follows:
  6 20    321.309  TOWING – CONVOYS – DRAWBARS.
  6 21    No A person shall not pull or tow by motor vehicle, for
  6 22 hire, another motor vehicle over any highway outside the
  6 23 limits of any incorporated city, except in case of temporary
  6 24 movement of a disabled motor vehicle to the place where
  6 25 repairs will be made, unless such the person has complied with
  6 26 the provisions of sections 321.57 and 321.58.  Provided,
  6 27 however, if such the person is a nonresident of the state of
  6 28 Iowa and has complied with the laws of the state of that
  6 29 person's residence governing licensing and registration as a
  6 30 transporter of motor vehicles the person shall not be required
  6 31 to pay the fee provided in section 321.58 but only to submit
  6 32 proof of the person's status as a bona fide manufacturer or
  6 33 transporter as may reasonably be required by the department.
  6 34    Every A person pulling or towing by motor vehicle another
  6 35 motor vehicle in convoy or caravan shall maintain a distance
  7  1 of at least five hundred feet between the units of said the
  7  2 convoy or caravan.
  7  3    The drawbar or towing arm between a motor vehicle pulling
  7  4 or towing another motor vehicle shall be of a type approved by
  7  5 the director, except in case of the temporary movement of a
  7  6 disabled vehicle in an emergency situation.
  7  7    Sec. 17.  Section 321.317, subsection 1, Code 1997, is
  7  8 amended to read as follows:
  7  9    1.  The signals required under the provisions of this
  7 10 chapter may be given either by means of the hand and arm as
  7 11 provided in section 321.318, or by a mechanical or electrical
  7 12 directional signal device or light of a type approved by the
  7 13 department and conforming to the provisions of this chapter
  7 14 relating thereto.
  7 15    Sec. 18.  Section 321.317, subsection 3, Code 1997, is
  7 16 amended to read as follows:
  7 17    3.  It is unlawful for any person to sell or offer for sale
  7 18 or operate on the highways of the state any vehicle subject to
  7 19 registration under the provisions of this chapter which has
  7 20 never been registered in this or any other state prior to
  7 21 January 1, 1954, unless the vehicle is equipped with a
  7 22 directional signal device of a type approved by the department
  7 23 and is in compliance with the provisions of subsection 2 of
  7 24 this section.  Motorcycles, motorized bicycles and
  7 25 semitrailers and trailers less than forty inches in width are
  7 26 exempt from the provisions of this section.
  7 27    Sec. 19.  Section 321.373, subsection 7, Code 1997, is
  7 28 amended to read as follows:
  7 29    7.  A school bus may be equipped with a white flashing
  7 30 strobe light mounted on the roof of the bus to afford optimum
  7 31 visibility during periods of inclement weather.  The light
  7 32 shall be of a type approved by the department of
  7 33 transportation and shall be installed and operated in
  7 34 accordance with rules promulgated by the department of
  7 35 education.  Each new school bus put into initial service after
  8  1 January 1, 1977, shall be equipped with such a light.
  8  2    Sec. 20.  Section 321.383, subsection 2, Code 1997, is
  8  3 amended to read as follows:
  8  4    2.  When operated on a highway in this state at a speed of
  8  5 thirty miles per hour or less, every farm tractor, or tractor
  8  6 with towed equipment, self-propelled implement of husbandry,
  8  7 road construction or maintenance vehicle, road grader, horse-
  8  8 drawn vehicle, or any other vehicle principally designed for
  8  9 use off the highway and any such tractor, implement, vehicle,
  8 10 or grader when manufactured for sale or sold at retail after
  8 11 December 31, 1971, shall be identified with a reflective
  8 12 device of a type approved by the director in accordance with
  8 13 the standards of the American society of agricultural
  8 14 engineers; however, this provision shall not apply to such
  8 15 vehicles when traveling in any escorted parade.  The
  8 16 reflective device shall be visible from the rear and mounted
  8 17 in a manner approved by the director.  The director, when
  8 18 approving the device, shall be guided as far as practicable by
  8 19 the standards of the American society of agricultural
  8 20 engineers.  A vehicle other than those specified in this
  8 21 section shall not display a reflective device.  On vehicles
  8 22 operating at speeds above thirty miles per hour, the
  8 23 reflective device shall be removed or hidden from view.
  8 24    Sec. 21.  Section 321.397, Code 1997, is amended to read as
  8 25 follows:
  8 26    321.397  LAMPS ON BICYCLES.
  8 27    Every bicycle shall be equipped with a lamp on the front
  8 28 exhibiting a white light, at the times specified in section
  8 29 321.384 visible from a distance of at least three hundred feet
  8 30 to the front and with a lamp on the rear exhibiting a red
  8 31 light visible from a distance of three hundred feet to the
  8 32 rear; except that a red reflector meeting the requirements of
  8 33 this chapter may be used in lieu of a rear light.
  8 34    Sec. 22.  Section 321.423, subsection 6, Code 1997, is
  8 35 amended to read as follows:
  9  1    6.  AMBER FLASHING LIGHT.  A farm tractor, farm tractor
  9  2 with towed equipment, self-propelled implement of husbandry,
  9  3 road construction or maintenance vehicle, road grader, or
  9  4 other vehicle principally designed for use off the highway
  9  5 which, when operated on a primary or secondary road, is
  9  6 operated at a speed of twenty-five miles an hour or less,
  9  7 shall be equipped with and display an amber flashing light
  9  8 visible from the rear at any time from sunset to sunrise.  If
  9  9 the amber flashing light is obstructed by the towed equipment,
  9 10 the towed equipment shall also be equipped with and display an
  9 11 amber flashing light as required under this subsection.  All
  9 12 vehicles specified in this subsection which are manufactured
  9 13 for sale or sold in this state shall be equipped with an amber
  9 14 flashing light in accordance with the standards of the
  9 15 American society of agricultural engineers.  The type, number,
  9 16 dimensions, and method of mounting of the lights shall be
  9 17 determined by the director.  The director, when approving the
  9 18 light, shall be guided as far as practicable by the standards
  9 19 of the American society of agricultural engineers.
  9 20    Sec. 23.  Section 321.424, Code 1997, is amended to read as
  9 21 follows:
  9 22    321.424  SALE OF LIGHTS – APPROVAL.
  9 23    On and after July 4, 1955, no a person shall not have for
  9 24 sale, sell, or offer for sale for use upon or as a part of the
  9 25 equipment of a motor vehicle, trailer, or semitrailer, or use
  9 26 upon any such vehicle any headlamp, auxiliary, or fog lamp,
  9 27 rear lamp, signal lamp, or reflector, which reflector is
  9 28 required hereunder, or parts of any of the foregoing which
  9 29 tend to change the original design or performance, unless of a
  9 30 type which has been submitted to the director and approved by
  9 31 the director.
  9 32    The foregoing provisions of this section shall not apply to
  9 33 equipment in actual use when this section is adopted or
  9 34 replacement parts therefor.
  9 35    No A person shall not have for sale, sell, or offer for
 10  1 sale for use upon or as a part of the equipment of a motor
 10  2 vehicle, trailer, or semitrailer any lamp or device mentioned
 10  3 in this section which has been approved by the director
 10  4 headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or
 10  5 reflector, unless such lamp or device bears thereon the
 10  6 trademark or name under which it is approved so as to be
 10  7 legible when installed.
 10  8    No person shall use upon any motor vehicle, trailer, or
 10  9 semitrailer any lamps mentioned in this section unless said
 10 10 lamps are mounted, adjusted and aimed in accordance with
 10 11 instructions of the director.
 10 12    Sec. 24.  Section 321.430, subsection 3, Code 1997, is
 10 13 amended to read as follows:
 10 14    3.  Every trailer or semitrailer of a gross weight of three
 10 15 thousand pounds or more, and every trailer coach or travel
 10 16 trailer of a gross weight of three thousand pounds or more
 10 17 intended for use for human habitation, when operated on the
 10 18 highways of this state, shall be equipped with brakes adequate
 10 19 to control the movement of and to stop and hold such vehicle,
 10 20 and so designed as to be applied by the driver of the towing
 10 21 motor vehicle from its cab, or with self-actuating brakes, and
 10 22 weight equalizing hitch with a sway control of a type approved
 10 23 by the director of transportation.  Every semitrailer, travel
 10 24 trailer, or trailer coach of a gross weight of three thousand
 10 25 pounds or more shall be equipped with a separate, auxiliary
 10 26 means of applying the brakes on the semitrailer, travel
 10 27 trailer, or trailer coach from the cab of the towing vehicle.
 10 28 Trailers or semitrailers with a truck or truck tractor need
 10 29 only comply with the brake requirements.
 10 30    Sec. 25.  Section 321.444, subsection 3, Code 1997, is
 10 31 amended by striking the subsection.
 10 32    Sec. 26.  Section 321.445, subsection 1, Code 1997, is
 10 33 amended to read as follows:
 10 34    1.  Except for motorcycles or motorized bicycles, 1966
 10 35 model year or newer motor vehicles subject to registration in
 11  1 Iowa shall be equipped with safety belts and safety harnesses
 11  2 of a type and installed in a manner approved by rules adopted
 11  3 by the department pursuant to chapter 17A.  The department
 11  4 shall adopt rules regarding the types of safety belts and
 11  5 safety harnesses required to be installed in motor vehicles
 11  6 and the manner in which they are installed.  The rules shall
 11  7 which conform with federal motor vehicle safety standard
 11  8 numbers 209 and 210 as published in 49 C.F.R. } 571.209-
 11  9 571.210 and with prior federal motor vehicle safety standards
 11 10 for seat belt assemblies and seat belt assembly anchorages
 11 11 applicable for the motor vehicle's model year.  The department
 11 12 may adopt rules which comply with changes in the applicable
 11 13 federal motor vehicle safety standards with regard to the type
 11 14 of safety belts and safety harnesses and their manner of
 11 15 installation.
 11 16    Sec. 27.  Section 321.450, unnumbered paragraph 2, Code
 11 17 1997, is amended to read as follows:
 11 18    Notwithstanding other provisions of this section, rules
 11 19 adopted under this section concerning physical and medical
 11 20 qualifications for drivers of commercial vehicles engaged in
 11 21 intrastate commerce shall not be construed as disqualifying
 11 22 any individual who was employed as a driver of commercial
 11 23 vehicles engaged in intrastate commerce prior to January 1,
 11 24 1988, and whose physical or medical condition existed, prior
 11 25 to July 29, 1996.
 11 26    Sec. 28.  Section 321.450, Code 1997, is amended by adding
 11 27 the following new unnumbered paragraph:
 11 28    NEW UNNUMBERED PARAGRAPH.  Notwithstanding other provisions
 11 29 of this section, rules adopted under this section shall not
 11 30 apply to a farmer or employees of a farmer when transporting
 11 31 an agricultural hazardous material between the sites in the
 11 32 farmer's agricultural operations unless the material is being
 11 33 transported on the interstate highway system.  As used in this
 11 34 paragraph, "farmer" means a person engaged in the production
 11 35 or raising of crops, poultry, or livestock, "farmer" does not
 12  1 include a person who is a commercial applicator of
 12  2 agricultural chemicals or fertilizers.
 12  3    Sec. 29.  Section 321.462, unnumbered paragraph 2, Code
 12  4 1997, is amended by striking the unnumbered paragraph.
 12  5    Sec. 30.  Section 321.493, subsection 1, Code 1997, is
 12  6 amended to read as follows:
 12  7    1.  a.  In Subject to paragraph "b", in all cases where
 12  8 damage is done by any motor vehicle by reason of negligence of
 12  9 the driver, and driven with the consent of the owner, the
 12 10 owner of the motor vehicle shall be liable for such damage.
 12 11 For purposes of this subsection, "owner" means the person to
 12 12 whom the certificate of title for the vehicle has been issued
 12 13 or assigned or to whom a manufacturer's or importer's
 12 14 certificate of origin for the vehicle has been delivered or
 12 15 assigned.  However, if the vehicle is leased, "owner" means
 12 16 the person to whom the vehicle is leased, not the person to
 12 17 whom the certificate of title for the vehicle has been issued
 12 18 or assigned or to whom the manufacturer's or importer's
 12 19 certificate of origin for the vehicle has been delivered or
 12 20 assigned.  For purposes of this subsection, "leased" means the
 12 21 transfer of the possession or right to possession of a vehicle
 12 22 to a lessee for a valuable consideration for a continuous
 12 23 period of twelve months or more, pursuant to a written
 12 24 agreement.
 12 25    b.  The owner of a vehicle with a gross vehicle weight
 12 26 rating of seven thousand five hundred pounds or more who rents
 12 27 the vehicle for less than a year under an agreement which
 12 28 requires an insurance policy covering at least the minimum
 12 29 levels of financial responsibility prescribed by law, shall
 12 30 not be deemed to be the owner of the vehicle for the purpose
 12 31 of determining financial responsibility for the operation of
 12 32 the vehicle or for the acts of the operator in connection with
 12 33 the vehicle's operation.
 12 34    Sec. 31.  Section 321.560, Code 1997, is amended by adding
 12 35 the following new unnumbered paragraph:
 13  1    NEW UNNUMBERED PARAGRAPH.  A person who is determined to be
 13  2 a habitual offender while the person's license is already
 13  3 revoked for being a habitual offender under section 321.555
 13  4 shall not be issued a license to operate a motor vehicle in
 13  5 this state for a period of not less than two years nor more
 13  6 than six years.  The revocation period may commence either on
 13  7 the date of the final decision of the department under section
 13  8 17A.19 or the date on which the district court upholds the
 13  9 final decision of the department, whichever occurs later, or
 13 10 on the date the previous revocation expires.
 13 11    Sec. 32.  Section 321H.2, subsection 9, Code 1997, is
 13 12 amended to read as follows:
 13 13    9.  "Vehicle salvager" means a person engaged in the
 13 14 business of scrapping vehicles, recycling, dismantling, or
 13 15 storing wrecked or damaged vehicles or selling reusable parts
 13 16 of vehicles or storing vehicles not currently registered which
 13 17 vehicles are subject to registration under chapter 321.
 13 18    Sec. 33.  Section 321H.3, subsection 1, Code 1997, is
 13 19 amended to read as follows:
 13 20    1.  Selling or offering for sale used bodies, parts of
 13 21 bodies, frames, or component parts of more than six used
 13 22 vehicles subject to registration under chapter 321 in a
 13 23 calendar year; or
 13 24    Sec. 34.  Section 321H.8, Code 1997, is amended to read as
 13 25 follows:
 13 26    321H.8  PENALTIES.
 13 27    A person convicted of violating a provision of this chapter
 13 28 is guilty of a simple serious misdemeanor.
 13 29    Sec. 35.  Section 322.2, Code 1997, is amended by adding
 13 30 the following new subsection:
 13 31    NEW SUBSECTION.  6A.  "Engaged in the business" means doing
 13 32 any of the following acts for the purpose of the sale of motor
 13 33 vehicles at retail:  acquiring, selling, exchanging, holding,
 13 34 offering, displaying, brokering, accepting on consignment,
 13 35 conducting a retail auction, or acting as an agent for the
 14  1 purpose of doing any of those acts.  A person selling at
 14  2 retail more than six motor vehicles during a twelve-month
 14  3 period may be presumed to be engaged in the business.
 14  4    Sec. 36.  Section 322.3, subsection 11, Code 1997, is
 14  5 amended to read as follows:
 14  6    11.  A person who is engaged in the business of selling
 14  7 motor vehicles at retail shall not sell, offer for sale,
 14  8 display, represent, or advertise that the person intends to
 14  9 sell motor vehicles from a location other than the person's
 14 10 place of business, except as provided in section 322.5.
 14 11    Sec. 37.  Section 322.14, unnumbered paragraph 1, Code
 14 12 1997, is amended to read as follows:
 14 13    Any person violating any of the provisions of this chapter
 14 14 where a penalty is not specifically provided for shall be
 14 15 deemed guilty of a simple serious misdemeanor.
 14 16    Sec. 38.  Section 322.29, Code 1997, is amended to read as
 14 17 follows:
 14 18    322.29  ISSUANCE OF LICENSE – FEES.
 14 19    Application for license shall be made to the department by
 14 20 a manufacturer, distributor, or wholesaler, factory branch,
 14 21 distributor branch, factory representative or distributor
 14 22 representative in a form and containing information as the
 14 23 department requires and shall be accompanied by the required
 14 24 license fee.  Licenses shall be granted or refused within
 14 25 thirty days after application, and shall expire, unless sooner
 14 26 revoked or suspended, on December 31 of the calendar year for
 14 27 which they are granted.
 14 28    License fees for each calendar year, or part thereof, shall
 14 29 be as follows effective January 1, 1980 1998:
 14 30    1.  For a motor vehicle manufacturer, thirty-five dollars.
 14 31    2.  For a new motor vehicle distributor or wholesaler,
 14 32 twenty dollars.
 14 33    3.  For a used motor vehicle distributor or wholesaler, ten
 14 34 dollars.
 14 35    4.  For each factory branch of a motor vehicle manufacturer
 15  1 in this state, ten dollars.
 15  2    5.  For a factory representative or distributor branch or
 15  3 representative, five dollars.
 15  4    A license shall not be issued to a person as a distributor
 15  5 or wholesaler for a new motor vehicle model unless the
 15  6 distributor or wholesaler has written authorization from the
 15  7 manufacturer as a distributor or wholesaler of the motor
 15  8 vehicle model.  A license shall not be issued to a factory
 15  9 representative unless the person is employed by a licensed
 15 10 manufacturer.  A license shall not be issued to a distributor
 15 11 representative unless the person is employed by a licensed
 15 12 distributor or wholesaler.  A license shall not be issued to a
 15 13 factory branch unless the motor vehicle manufacturer
 15 14 maintaining the branch is a licensed manufacturer nor shall a
 15 15 license be issued to a distributor branch unless the
 15 16 distributor maintaining the branch is a licensed distributor
 15 17 or wholesaler.
 15 18    A person who rebuilds new completed motor vehicles by
 15 19 fabricating, altering, adding, or replacing essential parts,
 15 20 components, or equipment for the purpose of building an
 15 21 ambulance, rescue vehicle, or fire vehicle as defined in
 15 22 chapter 321 may be issued a license as a wholesaler of new
 15 23 motor vehicles of the make and model rebuilt.
 15 24    Every factory representative or distributor representative
 15 25 shall carry a license when engaged in business, and display
 15 26 the license upon request.  The license shall name the
 15 27 employer, and in case of a change of employer, the
 15 28 representative shall immediately mail the license to the
 15 29 department which shall endorse the change on the license
 15 30 without charge.
 15 31    Sec. 39.  Section 322.31, Code 1997, is amended to read as
 15 32 follows:
 15 33    322.31  DENIAL OF LICENSE.
 15 34    The department may deny the application of any person for a
 15 35 license as a manufacturer, distributor, or wholesaler, factory
 16  1 branch, distributor branch, factory representative or
 16  2 distributor representative if after reasonable notice and a
 16  3 hearing the department determines that such applicant has
 16  4 violated any provision of this chapter and may revoke or
 16  5 suspend any such license that has been issued if the
 16  6 department shall determine after reasonable notice and a
 16  7 hearing that such licensee has violated any provision of this
 16  8 chapter.
 16  9    Sec. 40.  Section 322A.15, Code 1997, is amended by adding
 16 10 the following new unnumbered paragraph:
 16 11    NEW UNNUMBERED PARAGRAPH.  Good cause does not include a
 16 12 realignment, relocation, or reduction of dealerships.
 16 13    Sec. 41.  Section 322C.4, subsection 1, paragraph e, Code
 16 14 1997, is amended to read as follows:
 16 15    e.  If the applicant is a party to a contract, agreement or
 16 16 understanding with a manufacturer or distributor of travel
 16 17 trailers or is about to become a party to a contract,
 16 18 agreement, or understanding, the applicant shall state the
 16 19 name of each manufacturer and distributor and the make or
 16 20 makes of new motor vehicles travel trailers, if any, which are
 16 21 the subject matter of the contract, agreement or
 16 22 understanding.
 16 23    Sec. 42.  Section 452A.51, Code 1997, is amended to read as
 16 24 follows:
 16 25    452A.51  PURPOSE.
 16 26    The purpose of this division is to provide an additional
 16 27 method of collecting fuel taxes from interstate motor vehicle
 16 28 operators commensurate with their operations on Iowa highways;
 16 29 and to permit the state department of transportation to
 16 30 suspend this collection as to transportation entering Iowa
 16 31 from any other state where it appears that Iowa highway fuel
 16 32 tax revenue and interstate highway transportation moving out
 16 33 of Iowa will not be unduly prejudiced thereby.  Further, all
 16 34 motor vehicle operators from jurisdictions not participating
 16 35 in the international fuel tax agreement are required to comply
 17  1 with this chapter using the guidelines from the international
 17  2 fuel tax agreement for Iowa fuel tax compliance reporting
 17  3 purposes, penalty, interest, refunds, and credential display.
 17  4    Sec. 43.  Section 452A.53, unnumbered paragraphs 1, 2, and
 17  5 3, Code 1997, are amended to read as follows:
 17  6    The advance arrangements referred to in the preceding
 17  7 section shall include the procuring of a permanent interstate
 17  8 fuel international fuel tax agreement permit or license or
 17  9 single trip interstate permit.
 17 10    Persons choosing not to make advance arrangements with the
 17 11 state department of transportation by procuring a permit or
 17 12 license are not relieved of their responsibility to purchase
 17 13 motor fuel and special fuel commensurate with their use of the
 17 14 state's highway system.  When there is reasonable cause to
 17 15 believe that there is evasion of the fuel tax on commercial
 17 16 motor vehicles, the state department of transportation may
 17 17 audit persons not holding a permit or license.  Audits shall
 17 18 be conducted pursuant to section 452A.55 and in accordance
 17 19 with international fuel tax agreement guidelines.  The state
 17 20 department of transportation shall collect all taxes due and
 17 21 refund any overpayment.
 17 22    A permanent international fuel tax agreement permit or
 17 23 license may be obtained upon application to the state
 17 24 department of transportation.  A fee of ten dollars shall be
 17 25 charged for each permit or license issued.  The holder of a
 17 26 permanent permit or license shall have the privilege of
 17 27 bringing into this state in the fuel supply tanks of
 17 28 commercial motor vehicles any amount of motor fuel or special
 17 29 fuel to be used in the operation of the vehicles and for that
 17 30 privilege shall pay Iowa motor fuel or special fuel taxes as
 17 31 provided in section 452A.54.  A single trip interstate permit
 17 32 may be obtained from the state department of transportation.
 17 33 A fee of twelve twenty dollars shall be charged for each
 17 34 individual single trip interstate permit issued.  A single
 17 35 trip interstate permit is subject to the following provisions
 18  1 and limitations:
 18  2    Sec. 44.  Section 452A.54, unnumbered paragraph 2, Code
 18  3 1997, is amended to read as follows:
 18  4    Notwithstanding any provision of this chapter to the
 18  5 contrary, except as provided in this section, the holder of a
 18  6 permanent international fuel tax agreement permit or license
 18  7 may make application to the state department of transportation
 18  8 for a refund, not later than the last day of the third month
 18  9 following the quarter in which the overpayment of Iowa fuel
 18 10 tax paid on excess purchases of motor fuel or special fuel was
 18 11 reported as provided in section 452A.8, and which application
 18 12 is supported by such proof as the state department of
 18 13 transportation may require.  The state department of
 18 14 transportation shall refund Iowa fuel tax paid on motor fuel
 18 15 or special fuel purchased in excess of the amount consumed by
 18 16 such commercial motor vehicles in their operation on the
 18 17 highways of this state.
 18 18    Sec. 45.  Section 452A.54, unnumbered paragraph 4, Code
 18 19 1997, is amended to read as follows:
 18 20    To determine the amount of fuel taxes due under this
 18 21 division and to prevent the evasion thereof, the state
 18 22 department of transportation shall require a quarterly report
 18 23 on forms prescribed by the state department of transportation.
 18 24 It shall be filed not later than the last day of the month
 18 25 following the quarter reported, and each quarter thereafter.
 18 26 These reports shall be required of all persons who have been
 18 27 issued a permit or license under this division and shall cover
 18 28 actual operation and fuel consumption in Iowa on the basis of
 18 29 the permit or license holder's average consumption of fuel in
 18 30 Iowa, determined by the total miles traveled and the total
 18 31 fuel purchased and consumed for highway use by the permittee's
 18 32 or licensee's commercial motor vehicles in the permittee's or
 18 33 licensee's entire operation in all states to establish an
 18 34 overall miles per gallon ratio, which ratio shall be used to
 18 35 compute the gallons used for the miles traveled in Iowa.
 19  1    Sec. 46.  Section 452A.55, Code 1997, is amended to read as
 19  2 follows:
 19  3    452A.55  RECORDS.
 19  4    Every person operating within the purview of this division
 19  5 shall make and keep for a period of three four years such
 19  6 records as may reasonably be required by the state department
 19  7 of transportation for the administration of this division.  If
 19  8 in the normal conduct of the business, the required records
 19  9 are maintained and kept at an office outside the state of
 19 10 Iowa, it shall be a sufficient compliance with this section if
 19 11 the records are made available for audit and examination by
 19 12 the state department of transportation at the office outside
 19 13 Iowa.
 19 14    The state department of transportation within a period of
 19 15 one year from the issuance of a permanent interstate
 19 16 international fuel tax agreement fuel permit or license may
 19 17 audit the records of the permittee or licensee for the two
 19 18 years preceding the issuance of the permit or license.  The
 19 19 state department of transportation shall collect all taxes due
 19 20 had the permittee or licensee been licensed for the two years
 19 21 prior to the issuance of the permit or license and shall
 19 22 refund any overpayment pursuant to section 452A.54.  When, as
 19 23 a result of an audit, fuel taxes unpaid and due the state of
 19 24 Iowa exceed five hundred dollars, the audit shall be at the
 19 25 expense of the person whose records are being audited.
 19 26 However, if an audit of records maintained under this section
 19 27 is made outside the state of Iowa in a state which requires
 19 28 payment of the costs for similar audits performed by officials
 19 29 or employees of the other state when made in Iowa, then all
 19 30 costs of audits performed outside of Iowa in the other state
 19 31 shall be at the expense of the person whose records are
 19 32 audited.
 19 33    Sec. 47.  Section 805.8, subsection 2, paragraph w, Code
 19 34 1997, is amended to read as follows:
 19 35    w.  For failure to have a valid license or permit for
 20  1 operating a motor vehicle on the highways of this state
 20  2 pursuant to section 321.174, the scheduled fine is twenty one
 20  3 hundred dollars.
 20  4    Sec. 48.  Section 805.8, subsection 2, Code 1997, is
 20  5 amended by adding the following new paragraphs:
 20  6    NEW PARAGRAPH.  ad.  For violations of section 321.57, the
 20  7 scheduled fine is fifty dollars.  For violations of section
 20  8 321.62, the scheduled fine is fifty dollars.
 20  9    NEW PARAGRAPH.  ae.  For operating a motor vehicle on the
 20 10 highways of this state with an expired motor vehicle license
 20 11 pursuant to section 321.174A, the scheduled fine is twenty
 20 12 dollars.
 20 13    Sec. 49.  Sections 321.27, 321.120, 321.391, 321.424,
 20 14 321.428, and 321.429, Code 1997, are repealed.  
 20 15 
 20 16 
 20 17                                                             
 20 18                               MARY E. KRAMER
 20 19                               President of the Senate
 20 20 
 20 21 
 20 22                                                             
 20 23                               RON J. CORBETT
 20 24                               Speaker of the House
 20 25 
 20 26    I hereby certify that this bill originated in the Senate and
 20 27 is known as Senate File 132, Seventy-seventh General Assembly.
 20 28 
 20 29 
 20 30                                                             
 20 31                               MARY PAT GUNDERSON
 20 32                               Secretary of the Senate
 20 33 Approved                , 1997
 20 34 
 20 35 
 21  1                         
 21  2 TERRY E. BRANSTAD
 21  3 Governor
     
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