Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 0A. "Agricultural hazardous material" 1 4 means a hazardous material, other than hazardous waste, whose 1 5 end use directly supports the production of an agricultural 1 6 commodity, including, but not limited to, a fertilizer, 1 7 pesticide, soil conditioner, or fuel. "Agricultural hazardous 1 8 material" is limited to material in class 3, 8, or 9, division 1 9 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as defined in 49 1 10 C.F.R. } 171.8. 1 11 Sec. 2. Section 321.1, subsection 42, paragraph c, Code 1 12 1997, is amended to read as follows: 1 13 c. "New motor vehicle or new car" means acarmotor 1 14 vehicle subject to registration which has not been sold "at 1 15 retail" as defined in chapter 322. 1 16 Sec. 3. Section 321.25, unnumbered paragraph 2, Code 1997, 1 17 is amended to read as follows: 1 18 The department shall, upon request by any dealer, furnish 1 19 "registration applied for" cards free of charge. Only cards 1 20 furnished by the department shall be used. Only one card 1 21 shall be issued in accordance with this subsection for each 1 22 vehicle purchased. 1 23 Sec. 4. Section 321.50, subsection 4, Code 1997, is 1 24 amended by adding the following new unnumbered paragraph: 1 25 NEW UNNUMBERED PARAGRAPH. However, when a security 1 26 interest is discharged for a vehicle with a gross vehicle 1 27 weight rating of sixteen thousand pounds or more, the 1 28 lienholder shall note the cancellation of a security interest 1 29 on the face of the title and may note the cancellation of the 1 30 security interest on a form prescribed by the department and 1 31 deliver a copy of the form in lieu of the title to the 1 32 department or to the treasurer of the county in which the 1 33 title was issued. The department or county treasurer shall 1 34 note the release of the security interest upon the statewide 1 35 computer system and the county's records. A copy of the form, 2 1 if used, shall be attached to the title by the lienholder and 2 2 shall be evidence of the release of the security interest. 2 3 The lienholder shall deliver the title to the first 2 4 lienholder, or if there is no such person, to the person as 2 5 designated by the owner, or if there is no such person 2 6 designated, to the owner. 2 7 Sec. 5. Section 321.52, subsection 4, paragraph c, 2 8 unnumbered paragraph 2, Code 1997, is amended to read as 2 9 follows: 2 10The provision of this subsection requiring a salvage theft2 11examination by a peace officer specially certified or2 12recertified by the Iowa law enforcement academy to do salvage2 13theft examinations shall become effective July 1, 1989.2 14Salvage theft examinations conducted before July 1, 1989,2 15shall be made by peace officers authorized to do so by the2 16state department of transportation or the department of public2 17safety who are qualified, as determined by those agencies, to2 18conduct salvage theft examinations.The state department of 2 19 transportation shall adopt rules in accordance with chapter 2 20 17A to carry out this section, including transition rules2 21allowing for salvage theft examinations prior to July 1, 1989. 2 22 Sec. 6. Section 321.69, subsection 9, Code 1997, is 2 23 amended to read as follows: 2 24 9. This section does not apply to new motor vehicles, 2 25 motor trucks and truck tractors with a gross vehicle weight 2 26 rating of sixteen thousand pounds or more, vehicles more than 2 27 nine model years old, motorcycles, motorized bicycles, and 2 28 special mobile equipment. The section does apply to motor 2 29 homes. 2 30 Sec. 7. Section 321.104, subsection 4, Code 1997, is 2 31 amended to read as follows: 2 32 4. Topurport tosell, offer for sale, or transfer a motor 2 33 vehicle, trailer, or semitrailer, except as provided in 2 34 section 321.47 or 321.48, without obtaining a certificate of 2 35 title in the name of the seller or transferor or without 3 1 delivering to the purchaser or transferee a certificate of 3 2 title or a manufacturer's or importer's certificate duly 3 3 assigned to the purchaser or transferee as provided in this 3 4 chapter. 3 5 Sec. 8. NEW SECTION. 321.174A OPERATION OF MOTOR 3 6 VEHICLES WITH EXPIRED LICENSE. 3 7 A person shall not operate a motor vehicle upon a highway 3 8 in this state after the expiration date of the person's motor 3 9 vehicle license. 3 10 Sec. 9. Section 321.208A, Code 1997, is amended to read as 3 11 follows: 3 12 321.208A OPERATION IN VIOLATION OF OUT-OF-SERVICE ORDER – 3 13 PENALTY. 3 14 A person required to hold a commercial driver's license to 3 15 operate a commercial motor vehicle shall not operate a 3 16 commercial motor vehicle on the highways of this state in 3 17 violation of an out-of-service order issued by a peace officer 3 18 for a violation of the out-of-service rules adopted by the 3 19 department. An employer shall not allow an employee to drive 3 20 a commercial motor vehicle in violation of such out-of-service 3 21 order.The department shall adopt out-of-service rules which3 22shall be consistent with 49 C.F.R. } 392.5 adopted as of a3 23specific date by the department.A person who violates this 3 24 section shall be subject to a penalty of one hundred dollars. 3 25 Sec. 10. Section 321.236, subsection 12, Code 1997, is 3 26 amended to read as follows: 3 27 12. Designating highways or portions of highways as snow 3 28 routes. When conditions of snow or ice exist on the traffic 3 29 surface of a designated snow route, it is unlawful for the 3 30 driver of a vehicle to impede or block traffic if the driving 3 31 wheels of the vehicle are not equipped with snow tires, tire 3 32 chains, or a nonslip differential."Snow tires" as used in3 33this subsection means tires designed for use when there are3 34conditions of snow or ice on the highways, and meeting the3 35standards which shall be promulgated by rule of the director4 1of transportation. The standards promulgated by the director4 2shall require that snow tires be so designed to provide4 3adequate traction to maintain reasonable movement of the motor4 4vehicle on highways under snow conditions.4 5AnyA person charged with impeding or blocking traffic for 4 6 lack of snow tires, chains, or nonslip differential shall have 4 7saidthe charge dismissed upon a showing to the court that the 4 8 person's motor vehicle was equipped with snow tires, chains, 4 9 or a nonslip differential. 4 10 Sec. 11. Section 321.266, subsection 4, Code 1997, is 4 11 amended to read as follows: 4 12 4. Notwithstanding section 455B.386, a carrier 4 13 transporting hazardous material upon a public highway in this 4 14 state, in the case of an accident involving the transportation 4 15 of the hazardous material, shall immediately notify the police 4 16 radio broadcasting system established pursuant to section 4 17 693.1 or shall notify a peace officer of the county or city in 4 18 which the accident occurs. When a local law enforcement 4 19 agency is informed of the accident, the agency shall notify 4 20 the Iowa highway safety patrol and the state department of 4 21 transportation office of motor vehicle enforcement. A person 4 22 who violates a provision of this subsection is guilty of a 4 23 serious misdemeanor. 4 24 Sec. 12. Section 321.309, Code 1997, is amended to read as 4 25 follows: 4 26 321.309 TOWING – CONVOYS – DRAWBARS. 4 27NoA person shall not pull or tow by motor vehicle, for 4 28 hire, another motor vehicle over any highway outside the 4 29 limits of any incorporated city, except in case of temporary 4 30 movement of a disabled motor vehicle to the place where 4 31 repairs will be made, unlesssuchthe person has complied with 4 32 the provisions of sections 321.57 and 321.58. Provided, 4 33 however, ifsuchthe person is a nonresident of the state of 4 34 Iowa and has complied with the laws of the state of that 4 35 person's residence governing licensing and registration as a 5 1 transporter of motor vehicles the person shall not be required 5 2 to pay the fee provided in section 321.58 but only to submit 5 3 proof of the person's status as a bona fide manufacturer or 5 4 transporter as may reasonably be required by the department. 5 5EveryA person pulling or towing by motor vehicle another 5 6 motor vehicle in convoy or caravan shall maintain a distance 5 7 of at least five hundred feet between the units ofsaidthe 5 8 convoy or caravan. 5 9The drawbar or towing arm between a motor vehicle pulling5 10or towing another motor vehicle shall be of a type approved by5 11the director, except in case of the temporary movement of a5 12disabled vehicle in an emergency situation.5 13 Sec. 13. Section 321.317, subsection 1, Code 1997, is 5 14 amended to read as follows: 5 15 1. The signals required under the provisions of this 5 16 chapter may be given either by means of the hand and arm as 5 17 provided in section 321.318, or by a mechanical or electrical 5 18 directional signal device or lightof a type approved by the5 19department andconforming to the provisions of this chapter 5 20relating thereto. 5 21 Sec. 14. Section 321.317, subsection 3, Code 1997, is 5 22 amended to read as follows: 5 23 3. It is unlawful for any person to sell or offer for sale 5 24 or operate on the highways of the state any vehicle subject to 5 25 registration under the provisions of this chapter which has 5 26 never been registered in this or any other state prior to 5 27 January 1, 1954, unless the vehicle is equipped with a 5 28 directional signal device of a typeapproved by the department5 29and isin compliance with the provisions of subsection 2of5 30this section. Motorcycles, motorized bicycles and 5 31 semitrailers and trailers less than forty inches in width are 5 32 exempt from the provisions of this section. 5 33 Sec. 15. Section 321.373, subsection 7, Code 1997, is 5 34 amended to read as follows: 5 35 7. A school bus may be equipped with a white flashing 6 1 strobe light mounted on the roof of the bus to afford optimum 6 2 visibility during periods of inclement weather. The light 6 3 shall beof a type approved by the department of6 4transportation and shall beinstalled and operated in 6 5 accordance with rules promulgated by the department of 6 6 education. Each new school bus put into initial service after 6 7 January 1, 1977, shall be equipped with such a light. 6 8 Sec. 16. Section 321.383, subsection 2, Code 1997, is 6 9 amended to read as follows: 6 10 2. When operated on a highway in this state at a speed of 6 11 thirty miles per hour or less, every farm tractor, or tractor 6 12 with towed equipment, self-propelled implement of husbandry, 6 13 road construction or maintenance vehicle, road grader, horse- 6 14 drawn vehicle, or any other vehicle principally designed for 6 15 use off the highway and any such tractor, implement, vehicle, 6 16 or grader when manufactured for sale or sold at retail after 6 17 December 31, 1971, shall be identified with a reflective 6 18 deviceof a type approved by the directorin accordance with 6 19 the standards of the American society of agricultural 6 20 engineers; however, this provision shall not apply to such 6 21 vehicles when traveling in any escorted parade. The 6 22 reflective device shall be visible from the rearand mounted6 23in a manner approved by the director.The director, when6 24approving the device, shall be guided as far as practicable by6 25the standards of the American society of agricultural6 26engineers.A vehicle other than those specified in this 6 27 section shall not display a reflective device. On vehicles 6 28 operating at speeds above thirty miles per hour, the 6 29 reflective device shall be removed or hidden from view. 6 30 Sec. 17. Section 321.397, Code 1997, is amended to read as 6 31 follows: 6 32 321.397 LAMPS ON BICYCLES. 6 33 Every bicycle shall be equipped with a lamp on the front 6 34 exhibiting a white light, at the times specified in section 6 35 321.384 visible from a distance of at least three hundred feet 7 1 to the front and with a lamp on the rear exhibiting a red 7 2 light visible from a distance of three hundred feet to the 7 3 rear; except that a red reflectormeeting the requirements of7 4this chaptermay be used in lieu of a rear light. 7 5 Sec. 18. Section 321.423, subsection 6, Code 1997, is 7 6 amended to read as follows: 7 7 6. AMBER FLASHING LIGHT. A farm tractor, farm tractor 7 8 with towed equipment, self-propelled implement of husbandry, 7 9 road construction or maintenance vehicle, road grader, or 7 10 other vehicle principally designed for use off the highway 7 11 which, when operated on a primary or secondary road, is 7 12 operated at a speed of twenty-five miles an hour or less, 7 13 shall be equipped with and display an amber flashing light 7 14 visible from the rear at any time from sunset to sunrise. If 7 15 the amber flashing light is obstructed by the towed equipment, 7 16 the towed equipment shall also be equipped with and display an 7 17 amber flashing light as required under this subsection. All 7 18 vehicles specified in this subsection which are manufactured 7 19 for sale or sold in this state shall be equipped with an amber 7 20 flashing light in accordance with the standards of the 7 21 American society of agricultural engineers.The type, number,7 22dimensions, and method of mounting of the lights shall be7 23determined by the director. The director, when approving the7 24light, shall be guided as far as practicable by the standards7 25of the American society of agricultural engineers.7 26 Sec. 19. Section 321.424, Code 1997, is amended to read as 7 27 follows: 7 28 321.424 SALE OF LIGHTS – APPROVAL. 7 29 On and after July 4, 1955,noa person shall not have for 7 30 sale, sell, or offer for sale for use upon or as a part of the 7 31 equipment of a motor vehicle, trailer, or semitrailer, or use 7 32 upon any such vehicle any headlamp, auxiliary, or fog lamp, 7 33 rear lamp, signal lamp, or reflector, which reflector is 7 34 required hereunder, or parts of any of the foregoing which 7 35 tend to change the original design or performance, unless of a 8 1 type which has been submitted to the director and approved by 8 2 the director. 8 3The foregoing provisions of this section shall not apply to8 4equipment in actual use when this section is adopted or8 5replacement parts therefor.8 6NoA person shall not have for sale, sell, or offer for 8 7 sale for use upon or as a part of the equipment of a motor 8 8 vehicle, trailer, or semitrailer anylamp or device mentioned8 9in this section which has been approved by the director8 10 headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or 8 11 reflector, unless such lamp or device bears thereon the 8 12 trademark or name under which it is approved so as to be 8 13 legible when installed. 8 14No person shall use upon any motor vehicle, trailer, or8 15semitrailer any lamps mentioned in this section unless said8 16lamps are mounted, adjusted and aimed in accordance with8 17instructions of the director.8 18 Sec. 20. Section 321.430, subsection 3, Code 1997, is 8 19 amended to read as follows: 8 20 3. Every trailer or semitrailer of a gross weight of three 8 21 thousand pounds or more, and every trailer coach or travel 8 22 trailer of a gross weight of three thousand pounds or more 8 23 intended for use for human habitation, when operated on the 8 24 highways of this state, shall be equipped with brakes adequate 8 25 to control the movement of and to stop and hold such vehicle, 8 26 and so designed as to be applied by the driver of the towing 8 27 motor vehicle from its cab, or with self-actuating brakes, and 8 28 weight equalizing hitch with a sway controlof a type approved8 29by the director of transportation. Every semitrailer, travel 8 30 trailer, or trailer coach of a gross weight of three thousand 8 31 pounds or more shall be equipped with a separate, auxiliary 8 32 means of applying the brakes on the semitrailer, travel 8 33 trailer, or trailer coach from the cab of the towing vehicle. 8 34 Trailers or semitrailers with a truck or truck tractor need 8 35 only comply with the brake requirements. 9 1 Sec. 21. Section 321.444, subsection 3, Code 1997, is 9 2 amended by striking the subsection. 9 3 Sec. 22. Section 321.445, subsection 1, Code 1997, is 9 4 amended to read as follows: 9 5 1. Except for motorcycles or motorized bicycles, 1966 9 6 model year or newer motor vehicles subject to registration in 9 7 Iowa shall be equipped with safety belts and safety harnesses 9 8of a type and installed in a manner approved by rules adopted9 9by the department pursuant to chapter 17A. The department9 10shall adopt rules regarding the types of safety belts and9 11safety harnesses required to be installed in motor vehicles9 12and the manner in which they are installed. The rules shall9 13 which conform with federal motor vehicle safety standard 9 14 numbers 209 and 210 as published in 49 C.F.R. } 571.209- 9 15 571.210 and with prior federal motor vehicle safety standards 9 16 for seat belt assemblies and seat belt assembly anchorages 9 17 applicable for the motor vehicle's model year. The department 9 18 may adopt rules which comply with changes in the applicable 9 19 federal motor vehicle safety standards with regard to the type 9 20 of safety belts and safety harnesses and their manner of 9 21 installation. 9 22 Sec. 23. Section 321.450, unnumbered paragraph 2, Code 9 23 1997, is amended to read as follows: 9 24 Notwithstanding other provisions of this section, rules 9 25 adopted under this section concerning physical and medical 9 26 qualifications for drivers of commercial vehicles engaged in 9 27 intrastate commerce shall not be construed as disqualifying 9 28 any individual who was employed as a driver of commercial 9 29 vehicles engaged in intrastate commerceprior to January 1,9 301988, and whose physical or medical condition existed, prior 9 31 to July 29, 1996. 9 32 Sec. 24. Section 321.450, Code 1997, is amended by adding 9 33 the following new unnumbered paragraph: 9 34 NEW UNNUMBERED PARAGRAPH. Notwithstanding other provisions 9 35 of this section, rules adopted under this section shall not 10 1 apply to a farmer or employees of a farmer when transporting 10 2 an agricultural hazardous material between the sites in the 10 3 farmer's agricultural operations unless the material is being 10 4 transported on the interstate highway system. As used in this 10 5 paragraph, "farmer" means a person engaged in the production 10 6 or raising of crops, poultry, or livestock, "farmer" does not 10 7 include a person who is a commercial applicator of 10 8 agricultural chemicals or fertilizers. 10 9 Sec. 25. Section 321.462, unnumbered paragraph 2, Code 10 10 1997, is amended by striking the unnumbered paragraph. 10 11 Sec. 26. Section 321.493, subsection 1, Code 1997, is 10 12 amended to read as follows: 10 13 1. a.InSubject to paragraph "b", in all cases where 10 14 damage is done by any motor vehicle by reason of negligence of 10 15 the driver, and driven with the consent of the owner, the 10 16 owner of the motor vehicle shall be liable for such damage. 10 17 For purposes of this subsection, "owner" means the person to 10 18 whom the certificate of title for the vehicle has been issued 10 19 or assigned or to whom a manufacturer's or importer's 10 20 certificate of origin for the vehicle has been delivered or 10 21 assigned. However, if the vehicle is leased, "owner" means 10 22 the person to whom the vehicle is leased, not the person to 10 23 whom the certificate of title for the vehicle has been issued 10 24 or assigned or to whom the manufacturer's or importer's 10 25 certificate of origin for the vehicle has been delivered or 10 26 assigned. For purposes of this subsection, "leased" means the 10 27 transfer of the possession or right to possession of a vehicle 10 28 to a lessee for a valuable consideration for a continuous 10 29 period of twelve months or more, pursuant to a written 10 30 agreement. 10 31 b. The motor vehicle liability insurance of the owner of 10 32 the motor vehicle shall be secondary and, notwithstanding any 10 33 provision of any applicable insurance policy or contract to 10 34 the contrary, any motor vehicle liability insurance of the 10 35 driver of the motor vehicle or of any other person vicariously 11 1 liable for the negligence of the driver of the motor vehicle 11 2 shall be primary. As used in this paragraph, "motor vehicle 11 3 liability insurance" means an automobile liability or motor 11 4 vehicle liability policy insuring against liability for 11 5 property damage, bodily injury, or death arising out of the 11 6 ownership, maintenance, or use of a motor vehicle. 11 7 Sec. 27. Section 321H.2, subsection 9, Code 1997, is 11 8 amended to read as follows: 11 9 9. "Vehicle salvager" means a person engaged in the 11 10 business of scrappingvehicles, junking, dismantling, or 11 11 storing wrecked or damaged vehicles or selling reusable parts 11 12 of vehicles or storing vehicles not currently registered which 11 13 vehicles are subject to registration under chapter 321. 11 14 Sec. 28. Section 321H.3, subsection 1, Code 1997, is 11 15 amended to read as follows: 11 16 1. Selling or offering for sale used bodies, parts of 11 17 bodies, frames, or component parts of more than six used 11 18 vehicles subject to registration under chapter 321 in a 11 19 calendar year; or 11 20 Sec. 29. Section 321H.3, subsection 4, Code 1997, is 11 21 amended to read as follows: 11 22 4. Storing vehicles not currently registered or storing 11 23 damaged vehicles except where such storing of damaged vehicles 11 24 is incidental to the primary purpose of the repair of motor 11 25 vehicles for others, scrapping, junking, disposing, salvaging, 11 26 or recycling more than six vehicles or parts of more than six 11 27 vehicles subject to registration under chapter 321 in a 11 28 calendar year. 11 29 Sec. 30. Section 321H.8, Code 1997, is amended to read as 11 30 follows: 11 31 321H.8 PENALTIES. 11 32 A person convicted of violating a provision of this chapter 11 33 is guilty of asimpleserious misdemeanor. 11 34 Sec. 31. Section 322.2, Code 1997, is amended by adding 11 35 the following new subsection: 12 1 NEW SUBSECTION. 6A. "Engaged in the business" means doing 12 2 any of the following acts for the purpose of the sale of motor 12 3 vehicles at retail: acquiring, selling, exchanging, holding, 12 4 offering, displaying, brokering, accepting on consignment, 12 5 conducting a retail auction, or acting as an agent for the 12 6 purpose of doing any of those acts. A person selling at 12 7 retail more than six motor vehicles during a twelve-month 12 8 period may be presumed to be engaged in the business. 12 9 Sec. 32. Section 322.3, subsection 11, Code 1997, is 12 10 amended to read as follows: 12 11 11. A person who is engaged in the business of selling 12 12 motor vehicles at retail shall not sell, offer for sale, 12 13 display, represent, or advertise that the person intends to 12 14 sell motor vehicles from a location other than the person's 12 15 place of business, except as provided in section 322.5. 12 16 Sec. 33. Section 322.14, unnumbered paragraph 1, Code 12 17 1997, is amended to read as follows: 12 18 Any person violating any of the provisions of this chapter 12 19 where a penalty is not specifically provided for shall be 12 20 deemed guilty of asimpleserious misdemeanor. 12 21 Sec. 34. Section 322.29, Code 1997, is amended to read as 12 22 follows: 12 23 322.29 ISSUANCE OF LICENSE – FEES. 12 24 Application for license shall be made to the department by 12 25 a manufacturer, distributor, or wholesaler,factory branch,12 26distributor branch, factory representative or distributor12 27representativein a form and containing information as the 12 28 department requires and shall be accompanied by the required 12 29 license fee. Licenses shall be granted or refused within 12 30 thirty days after application, and shall expire, unless sooner 12 31 revoked or suspended, on December 31 of the calendar year for 12 32 which they are granted. 12 33 License fees for each calendar year, or part thereof, shall 12 34 be as follows effective January 1,19801998: 12 35 1. For a motor vehicle manufacturer, thirty-five dollars. 13 1 2. For a new motor vehicle distributor or wholesaler, 13 2 twenty dollars. 13 3 3. For a used motor vehicle distributor or wholesaler, ten 13 4 dollars. 13 54. For each factory branch of a motor vehicle manufacturer13 6in this state, ten dollars.13 75. For a factory representative or distributor branch or13 8representative, five dollars.13 9 A license shall not be issued to a person as a distributor 13 10 or wholesaler for a new motor vehicle model unless the 13 11 distributor or wholesaler has written authorization from the 13 12 manufacturer as a distributor or wholesaler of the motor 13 13 vehicle model.A license shall not be issued to a factory13 14representative unless the person is employed by a licensed13 15manufacturer. A license shall not be issued to a distributor13 16representative unless the person is employed by a licensed13 17distributor or wholesaler. A license shall not be issued to a13 18factory branch unless the motor vehicle manufacturer13 19maintaining the branch is a licensed manufacturer nor shall a13 20license be issued to a distributor branch unless the13 21distributor maintaining the branch is a licensed distributor13 22or wholesaler.13 23 A person who rebuilds new completed motor vehicles by 13 24 fabricating, altering, adding, or replacing essential parts, 13 25 components, or equipment for the purpose of building an 13 26 ambulance, rescue vehicle, or fire vehicle as defined in 13 27 chapter 321 may be issued a license as a wholesaler of new 13 28 motor vehicles of the make and model rebuilt. 13 29Every factory representative or distributor representative13 30shall carry a license when engaged in business, and display13 31the license upon request. The license shall name the13 32employer, and in case of a change of employer, the13 33representative shall immediately mail the license to the13 34department which shall endorse the change on the license13 35without charge.14 1 Sec. 35. Section 322.31, Code 1997, is amended to read as 14 2 follows: 14 3 322.31 DENIAL OF LICENSE. 14 4 The department may deny the application of any person for a 14 5 license as a manufacturer, distributor, or wholesaler,factory14 6branch, distributor branch, factory representative or14 7distributor representativeif after reasonable notice and a 14 8 hearing the department determines that such applicant has 14 9 violated any provision of this chapter and may revoke or 14 10 suspend any such license that has been issued if the 14 11 department shall determine after reasonable notice and a 14 12 hearing that such licensee has violated any provision of this 14 13 chapter. 14 14 Sec. 36. Section 322A.15, Code 1997, is amended by adding 14 15 the following new unnumbered paragraph: 14 16 NEW UNNUMBERED PARAGRAPH. Good cause does not include a 14 17 realignment, relocation, or reduction of dealerships. 14 18 Sec. 37. Section 322C.4, subsection 1, paragraph e, Code 14 19 1997, is amended to read as follows: 14 20 e. If the applicant is a party to a contract, agreement or 14 21 understanding with a manufacturer or distributor of travel 14 22 trailers or is about to become a party to a contract, 14 23 agreement, or understanding, the applicant shall state the 14 24 name of each manufacturer and distributor and the make or 14 25 makes of newmotor vehiclestravel trailers, if any, which are 14 26 the subject matter of the contract, agreement or 14 27 understanding. 14 28 Sec. 38. Section 331.361, subsection 2, Code 1997, is 14 29 amended by adding the following new paragraph: 14 30 NEW PARAGRAPH. d. If an interest in real property is 14 31 being sold, exchanged, or donated to the state department of 14 32 transportation for public purposes, the requirements of 14 33 paragraphs "a" and "b" are waived. 14 34 Sec. 39. Section 364.7, Code 1997, is amended by adding 14 35 the following new subsection: 15 1 NEW SUBSECTION. 4. If an interest in real property is 15 2 being sold, exchanged or donated to the state department of 15 3 transportation for public purposes, the requirements of 15 4 subsections 1 and 2 are waived. 15 5 Sec. 40. Section 428A.4, unnumbered paragraph 1, Code 15 6 1997, is amended to read as follows: 15 7 The county recorder shall refuse to record any deed, 15 8 instrument, or writing, taxable under section 428A.1 for which 15 9 payment of the tax determined on the full amount of the 15 10 consideration in the transaction has not been paid except any 15 11 deed, instrument, or writing in which the state of Iowa or any 15 12 agency, instrumentality, or governmental or political 15 13 subdivision thereof is the grantee as the result of 15 14 acquisition of lands, whether by contract or condemnation, for 15 15 public purposes through an exercise of the power of eminent 15 16 domain. However, if the deed, instrument, or writing, is 15 17 exempt under section 428A.2, the county recorder shall not 15 18 refuse to record the document if there is filed with or 15 19 endorsed on it a statement signed by either the grantor or 15 20 grantee or an authorized agent, that the instrument or writing 15 21 is excepted from the tax under section 428A.2. The validity 15 22 of an instrument as between the parties, and as to any person 15 23 who would otherwise be bound by the instrument, is not 15 24 affected by the failure to comply with this section. If an 15 25 instrument is accepted for recording or filing contrary to 15 26 this section the failure to comply does not destroy or impair 15 27 the record as notice. 15 28 Sec. 41. Section 452A.51, Code 1997, is amended to read as 15 29 follows: 15 30 452A.51 PURPOSE. 15 31 The purpose of this division is to provide an additional 15 32 method of collecting fuel taxes from interstate motor vehicle 15 33 operators commensurate with their operations on Iowa highways; 15 34 and to permit the state department of transportation to 15 35 suspend this collection as to transportation entering Iowa 16 1 from any other state where it appears that Iowa highway fuel 16 2 tax revenue and interstate highway transportation moving out 16 3 of Iowa will not be unduly prejudiced thereby. Further, all 16 4 motor vehicle operators from jurisdictions not participating 16 5 in the international fuel tax agreement are required to comply 16 6 with this chapter using the guidelines from the international 16 7 fuel tax agreement for Iowa fuel tax compliance reporting 16 8 purposes, penalty, interest, refunds, and credential display. 16 9 Sec. 42. Section 452A.53, unnumbered paragraphs 1, 2, and 16 10 3, Code 1997, are amended to read as follows: 16 11 The advance arrangements referred to in the preceding 16 12 section shall include the procuring of a permanentinterstate16 13fuelinternational fuel tax agreement permit or license or 16 14 single trip interstate permit. 16 15 Persons choosing not to make advance arrangements with the 16 16 state department of transportation by procuring a permit or 16 17 license are not relieved of their responsibility to purchase 16 18 motor fuel and special fuel commensurate with their use of the 16 19 state's highway system. When there is reasonable cause to 16 20 believe that there is evasion of the fuel tax on commercial 16 21 motor vehicles, the state department of transportation may 16 22 audit persons not holding a permit or license. Audits shall 16 23 be conducted pursuant to section 452A.55 and in accordance 16 24 with international fuel tax agreement guidelines. The state 16 25 department of transportation shall collect all taxes due and 16 26 refund any overpayment. 16 27 A permanent international fuel tax agreement permit or 16 28 license may be obtained upon application to the state 16 29 department of transportation. A fee of ten dollars shall be 16 30 charged for each permit or license issued. The holder of a 16 31 permanent permit or license shall have the privilege of 16 32 bringing into this state in the fuel supply tanks of 16 33 commercial motor vehicles any amount of motor fuel or special 16 34 fuel to be used in the operation of the vehicles and for that 16 35 privilege shall pay Iowa motor fuel or special fuel taxes as 17 1 provided in section 452A.54. A single trip interstate permit 17 2 may be obtained from the state department of transportation. 17 3 A fee oftwelvetwenty dollars shall be charged for each 17 4 individual single trip interstate permit issued. A single 17 5 trip interstate permit is subject to the following provisions 17 6 and limitations: 17 7 Sec. 43. Section 452A.54, unnumbered paragraph 2, Code 17 8 1997, is amended to read as follows: 17 9 Notwithstanding any provision of this chapter to the 17 10 contrary, except as provided in this section, the holder of a 17 11 permanent international fuel tax agreement permit or license 17 12 may make application to the state department of transportation 17 13 for a refund, not later than the last day of the third month 17 14 following the quarter in which the overpayment of Iowa fuel 17 15 tax paid on excess purchases of motor fuel or special fuel was 17 16 reported as provided in section 452A.8, and which application 17 17 is supported by such proof as the state department of 17 18 transportation may require. The state department of 17 19 transportation shall refund Iowa fuel tax paid on motor fuel 17 20 or special fuel purchased in excess of the amount consumed by 17 21 such commercial motor vehicles in their operation on the 17 22 highways of this state. 17 23 Sec. 44. Section 452A.54, unnumbered paragraph 4, Code 17 24 1997, is amended to read as follows: 17 25 To determine the amount of fuel taxes due under this 17 26 division and to prevent the evasion thereof, the state 17 27 department of transportation shall require a quarterly report 17 28 on forms prescribed by the state department of transportation. 17 29 It shall be filed not later than the last day of the month 17 30 following the quarter reported, and each quarter thereafter. 17 31 These reports shall be required of all persons who have been 17 32 issued a permit or license under this division and shall cover 17 33 actual operation and fuel consumption in Iowa on the basis of 17 34 the permit or license holder's average consumption of fuel in 17 35 Iowa, determined by the total miles traveled and the total 18 1 fuel purchased and consumed for highway use by the permittee's 18 2 or licensee's commercial motor vehicles in the permittee's or 18 3 licensee's entire operation in all states to establish an 18 4 overall miles per gallon ratio, which ratio shall be used to 18 5 compute the gallons used for the miles traveled in Iowa. 18 6 Sec. 45. Section 452A.55, Code 1997, is amended to read as 18 7 follows: 18 8 452A.55 RECORDS. 18 9 Every person operating within the purview of this division 18 10 shall make and keep for a period ofthreefour years such 18 11 records as may reasonably be required by the state department 18 12 of transportation for the administration of this division. If 18 13 in the normal conduct of the business, the required records 18 14 are maintained and kept at an office outside the state of 18 15 Iowa, it shall be a sufficient compliance with this section if 18 16 the records are made available for audit and examination by 18 17 the state department of transportation at the office outside 18 18 Iowa. 18 19 The state department of transportation within a period of 18 20 one year from the issuance of a permanentinterstate18 21 international fuel tax agreement fuel permit or license may 18 22 audit the records of the permittee or licensee for the two 18 23 years preceding the issuance of the permit or license. The 18 24 state department of transportation shall collect all taxes due 18 25 had the permittee or licensee been licensed for the two years 18 26 prior to the issuance of the permit or license and shall 18 27 refund any overpayment pursuant to section 452A.54. When, as 18 28 a result of an audit, fuel taxes unpaid and due the state of 18 29 Iowa exceed five hundred dollars, the audit shall be at the 18 30 expense of the person whose records are being audited. 18 31 However, if an audit of records maintained under this section 18 32 is made outside the state of Iowa in a state which requires 18 33 payment of the costs for similar audits performed by officials 18 34 or employees of the other state when made in Iowa, then all 18 35 costs of audits performed outside of Iowa in the other state 19 1 shall be at the expense of the person whose records are 19 2 audited. 19 3 Sec. 46. Section 558.58, subsection 2, Code 1997, is 19 4 amended to read as follows: 19 5 2. When the person required to pay a fee and a tax 19 6 relating to a real estate transaction is a governmental 19 7 subdivision or agency, the recorder, at the request of the 19 8 governmental subdivision or agency, shall bill the 19 9 governmental subdivision or agency for the fees and taxes 19 10 required to be paid for documents filed or recorded by it. 19 11 The governmental subdivision or agency shall pay the fees and 19 12 taxes due within thirty days after the date offilingthe 19 13 bill. 19 14 Sec. 47. Section 805.8, subsection 2, paragraph w, Code 19 15 1997, is amended to read as follows: 19 16 w. For failure to have a valid license or permit for 19 17 operating a motor vehicle on the highways of this state 19 18 pursuant to section 321.174 or for operating a motor vehicle 19 19 on the highways of this state with an expired license or 19 20 permit under section 321.174A, the scheduled fine is twenty 19 21 dollars. 19 22 Sec. 48. Section 805.8, subsection 2, Code 1997, is 19 23 amended by adding the following new paragraph: 19 24 NEW PARAGRAPH. ad. For violations of section 321.57, the 19 25 scheduled fine is fifty dollars. For violations of section 19 26 321.62, the scheduled fine is fifty dollars. 19 27 Sec. 49. Sections 321.27, 321.120, 321.391, 321.424, 19 28 321.428, and 321.429, Code 1997, are repealed. 19 29 EXPLANATION 19 30 This bill does the following: 19 31 Code section 321.1, containing definitions applicable to 19 32 Code chapter 321, is amended by adding a definition of 19 33 agricultural hazardous material and adding to the definition 19 34 of new motor vehicle. "Agricultural hazardous material" is a 19 35 hazardous material which directly supports the production of 20 1 an agricultural commodity, other than hazardous waste, 20 2 including fertilizer, pesticides, soil conditioners, or fuel, 20 3 as found in certain provisions of title 49, Code of Federal 20 4 Regulations. 20 5 "New motor vehicle or new car" is defined as a motor 20 6 vehicle subject to registration which has not been sold at 20 7 retail. 20 8 Code section 321.25 is amended to provide that only one 20 9 "registration applied for" card will be issued for each motor 20 10 vehicle purchased. Currently, there is no reference in the 20 11 Code regarding whether multiple cards may be issued. 20 12 Code section 321.50 is amended to provide that the release 20 13 of security interest on a vehicle with a gross weight rating 20 14 of 16,000 pounds or more is to be noted on the title or may be 20 15 noted on a department form. 20 16 Code section 321.52, regarding salvage theft examinations, 20 17 is amended to eliminate language which is no longer necessary 20 18 relating to transition provisions regarding the implementation 20 19 of salvage theft examinations. 20 20 Code section 321.69, regarding damage disclosure 20 21 statements, is amended to provide that damage disclosure 20 22 statements are not required to be provided to purchasers of 20 23 new motor vehicles. 20 24 Code section 321.104 is amended to require that a person 20 25 obtain a certificate of title in the person's name prior to 20 26 selling, offering for sale, or transferring a motor vehicle, 20 27 trailer, or semitrailer, unless the transaction is exempt 20 28 because the person acquiring the vehicle is a dealer or title 20 29 is transferred by operation of law. Failure to comply with 20 30 this provision is a simple misdemeanor. 20 31 New Code section 321.174A is created, making it a separate 20 32 offense to drive with an expired license. Currently, this 20 33 offense is contained within the offense of operating without a 20 34 license in Code section 321.174. This offense continues to be 20 35 punishable by a $20 scheduled fine. 21 1 Code section 321.208A is amended by eliminating language 21 2 requiring the department of transportation to adopt out-of- 21 3 service rules for commercial driver's license holders which 21 4 are consistent with 49 C.F.R. } 392.5. Currently, this 21 5 section only imposes a penalty for violators of out-of-service 21 6 orders regarding alcohol-related violations. 21 7 Code section 321.236, regarding local control over motor 21 8 vehicles, is amended by eliminating the requirement that the 21 9 director of the department of transportation promulgate rules 21 10 setting standards for snow tires and to provide that a person 21 11 who is charged with impeding traffic due to not having snow 21 12 tires, chains, or a nonslip differential shall have the charge 21 13 dismissed upon showing that the person's motor vehicle was 21 14 equipped with snow tires or chains. 21 15 Code section 321.266 is amended to provide that when a 21 16 local law enforcement agency is notified of a traffic accident 21 17 involving hazardous materials, the agency will notify the 21 18 state department of transportation. Currently, local law 21 19 enforcement agencies are only required to notify the Iowa 21 20 highway safety patrol. 21 21 Code sections 321.309 and 321.462 are amended to eliminate 21 22 the requirement that drawbars or towing arms used to pull one 21 23 motor vehicle by another or the connection between a truck 21 24 tractor and a semitrailer with a gross weight of 3,000 pounds 21 25 or more be approved by the director of the state department of 21 26 transportation. 21 27 Code section 321.317 is amended to eliminate the necessity 21 28 of approval by the department of transportation of mechanical 21 29 or electrical directional signals or lights. Code section 21 30 327A.13 is amended to conform with the change to section 21 31 321.317. 21 32 Code section 321.373 is amended to eliminate the 21 33 requirement that the department of transportation approve the 21 34 type of flashing strobe lights mounted on school buses. 21 35 Code sections 321.383 and 321.423 are amended to require 22 1 that reflective devices and amber flashing lights on slow- 22 2 moving vehicles be in accordance with the standards of the 22 3 American society of agricultural engineers instead of approved 22 4 by the director of the state department of transportation. 22 5 Code section 321.397 is amended to eliminate the 22 6 requirement that red reflectors on bicycles meet any 22 7 requirements under chapter 321. 22 8 Code section 321.424 is amended to eliminate the 22 9 requirement that motor vehicle lights be approved by and 22 10 installed in accordance with the directives of the director of 22 11 the state department of transportation and conforms language 22 12 in the section with this change. 22 13 Code section 321.430 is amended to eliminate the 22 14 requirement that the director approve weight-equalizing 22 15 hitches. 22 16 Code section 321.444, subsection 3, is stricken. This 22 17 subsection required the director to publish a list of approved 22 18 types of automobile safety glass, to refuse to register motor 22 19 vehicles which did not have an approved type of safety glass, 22 20 and to suspend the registration of a motor vehicle not so 22 21 equipped. 22 22 Code section 321.445 eliminates the requirement that the 22 23 department of transportation adopt rules regarding seat belts. 22 24 The amended section now requires that 1966 model year and 22 25 newer motor vehicles be equipped with seat belts conforming to 22 26 federal standards. 22 27 Code section 321.450 is amended to provide that the section 22 28 or rules adopted in accordance with the section do not 22 29 disqualify a person employed as a driver of commercial 22 30 vehicles engaged in commerce within the state prior to July 22 31 29, 1996, who had a physical or medical condition which also 22 32 existed prior to July 29, 1996, from employment as a driver of 22 33 commercial vehicles engaged in intrastate commerce. The 22 34 section is also amended to exempt farmers or their employees 22 35 from hazardous materials transport rules when transporting 23 1 agricultural hazardous materials between sites in the farmer's 23 2 agricultural operations, unless the material is being 23 3 transported on an interstate highway. Farmer is also defined 23 4 as a person engaged in the production or raising of crops, 23 5 poultry, or livestock, except a commercial applicator of 23 6 agricultural chemicals or fertilizers. 23 7 Code section 321.493, regarding owner's liability, is 23 8 amended to provide that the owner's vehicle liability 23 9 insurance is secondary to the vehicle liability insurance of 23 10 the driver or a person vicariously responsible for the 23 11 negligence of the driver. 23 12 Code section 321H.2 is amended by adding "junking" to the 23 13 description of "vehicle salvager". 23 14 Code section 321H.3 is amended by adding the junking of and 23 15 the offering for sale of more than six bodies, parts of 23 16 bodies, or frames of used vehicles which are subject to 23 17 registration under chapter 321 in a calendar year to the 23 18 activities prohibited a person who is not otherwise authorized 23 19 to recycle used vehicles. 23 20 Code section 321H.8 is amended to increase the penalty for 23 21 a violation of the vehicle recycling chapter, chapter 321H, 23 22 from a simple to a serious misdemeanor. 23 23 Code section 322.2 (definitions regarding motor vehicle 23 24 manufacturers, distributors, and dealers) is amended to add a 23 25 definition of "engaged in the business". This is defined as 23 26 acquiring, selling, exchanging, holding, offering, displaying, 23 27 brokering, accepting on consignment, conducting a retail 23 28 auction, or acting as an agent for any of those purposes for 23 29 the purpose of the retail sale of motor vehicles. A person 23 30 selling more than six motor vehicles during a 12-month period 23 31 is presumed to be engaged in the business of selling motor 23 32 vehicles. 23 33 Code section 322.3 is amended to prohibit a person engaged 23 34 in the business of selling motor vehicles at retail from 23 35 displaying motor vehicles at a location other than the 24 1 person's place of business unless an exception under section 24 2 322.5 applies. 24 3 Code section 322.14 is amended to increase the penalty for 24 4 a violation of chapter 322 when a penalty is not specifically 24 5 provided for from a simple to a serious misdemeanor. 24 6 Code sections 322.29 and 322.31 are amended to eliminate 24 7 the licensing of motor vehicle factory or distributor 24 8 representatives. 24 9 Code section 322A.15 is amended to provide that the 24 10 realignment, relocation, or reduction of motor vehicle 24 11 dealerships cannot constitute good cause for terminating a 24 12 dealer franchise. 24 13 Code section 322C.4, regarding travel trailer dealers' 24 14 license applications and fees, is amended to replace a 24 15 reference to motor vehicles with the correct reference to 24 16 travel trailers. 24 17 Code sections 331.361 and 364.7 are amended to exempt 24 18 sales, exchanges, or donations of real property to the 24 19 department of transportation for public purposes by counties 24 20 and cities from the requirements that the governing body of 24 21 the city or county adopt a resolution and hold a public 24 22 hearing regarding the transfer. 24 23 Code section 428A.4 is amended to waive the requirement 24 24 that the real estate transfer tax be paid on the acquisition 24 25 of real estate by the state or a political subdivision of the 24 26 state before the county recorder will record the transaction. 24 27 Code section 452A.51 is amended to require that all motor 24 28 vehicle operators from jurisdictions not participating in the 24 29 international fuel tax agreement comply with chapter 452A 24 30 (motor fuel taxes) by using the guidelines from the agreement 24 31 for reporting purposes, penalty, interest, and credential 24 32 display. 24 33 Code sections 452A.53 (fuel tax permits), 452A.54 (fuel tax 24 34 computation, refund, reporting, and payment), and 452A.55 24 35 (records) are amended to provide that permanent fuel permits 25 1 or licenses must comply with the international fuel tax 25 2 agreement. Section 452A.53 is amended to increase the fee for 25 3 a single trip interstate permit from $12 to $20. Code section 25 4 452A.55 is also amended to require records to be kept for a 25 5 period of four years; currently records are required to be 25 6 kept for three years. 25 7 Code section 558.58 is amended to provide that a 25 8 governmental subdivision or agency which is party to a real 25 9 estate transaction may be billed for any fee or tax required 25 10 to be paid, with payment being due 30 days from the date of 25 11 the bill. 25 12 Code section 805.8, subsection 2 (citations for traffic 25 13 violations), is amended to provide for a $50 scheduled fine 25 14 for violations of section 321.57 (operation under special 25 15 plates) and for violations of section 321.62 (transporter or 25 16 dealer records). The Code section is also amended to 25 17 specifically provide for a $20 scheduled fine for operating a 25 18 motor vehicle with an expired license or permit. 25 19 Code sections 321.27 (implementation period for 12-month 25 20 registration), 321.120 (trucks with solid rubber tires), and 25 21 321.391 (approval of reflectors), 321.424, 321.428, and 25 22 321.429 (approval of lighting equipment) are repealed. 25 23 LSB 1311MK 77 25 24 mk/jw/5
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