Text: SSB00047 Text: SSB00049 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.25, unnumbered paragraph 2, Code 1 2 1997, is amended to read as follows: 1 3 The department shall, upon request by any dealer and 1 4 payment of a fee of five dollars, furnish "registration 1 5 applied for" cardsfree of charge. Only cards furnished by 1 6 the department shall be used. Only one card shall be issued 1 7 in accordance with this subsection for each vehicle purchased. 1 8 Sec. 2. Section 321.52, subsection 4, paragraph c, Code 1 9 1997, is amended to read as follows: 1 10 c. A salvage theft examination shall be made by a peace 1 11 officer who has been specially certified and recertified when 1 12 required by the Iowa law enforcement academy to do salvage 1 13 theft examinations. The Iowa law enforcement academy shall 1 14 determine standards for training and certification, conduct 1 15 training, and may approve alternative training programs which 1 16 satisfy the academy's standards for training and 1 17 certification. The owner of the salvage vehicle shall make 1 18 the vehicle available for examination at a time and location 1 19 designated by the peace officer doing the examination. The 1 20 owner may obtain a permit to drive the vehicle to and from the 1 21 examination location by submitting a repair affidavit to the 1 22 agency performing the examination stating that the vehicle is 1 23 reasonably safe for operation and listing the repairs which 1 24 have been made to the vehicle. The owner must be present for 1 25 the examination and have available for inspection the salvage 1 26 title, bills of sale for all essential parts changed, and the 1 27 repair affidavit. The examination shall be for the purposes 1 28 of determining whether the vehicle or repair components have 1 29 been stolen. The examination is not a safety inspection and a 1 30 signed salvage theft examination certificate shall not be 1 31 construed by any court of law to be a certification that the 1 32 vehicle is safe to be operated. There shall be no cause of 1 33 action against the peace officer or the agency conducting the 1 34 examination or the county treasurer for failure to discover or 1 35 note safety defects. If the vehicle passes the theft 2 1 examination, the peace officer shall indicate that the vehicle 2 2 passed examination on the salvage theft examination 2 3 certificate. The permit and salvage theft examination 2 4 certificate shall be on controlled forms prescribed and 2 5 furnished by the department. The owner shall pay a fee of 2 6thirtyseventy-five dollars upon completion of the 2 7 examination. The agency performing the examinations shall 2 8 retaintwentysixty-five dollars of the fee and shall pay five 2 9 dollars of the fee to the department and five dollars of the 2 10 fee to the treasurer of state for deposit in the general fund 2 11 of the state. Moneys deposited to the general fund under this 2 12 paragraph are subject to the requirements of section 8.60 and 2 13 shall be used by the Iowa law enforcement academy to provide 2 14 for the special training, certification, and recertification 2 15 of officers as required by this subsection. 2 16The provision of this subsection requiring a salvage theft2 17examination by a peace officer specially certified or2 18recertified by the Iowa law enforcement academy to do salvage2 19theft examinations shall become effective July 1, 1989.2 20Salvage theft examinations conducted before July 1, 1989,2 21shall be made by peace officers authorized to do so by the2 22state department of transportation or the department of public2 23safety who are qualified, as determined by those agencies, to2 24conduct salvage theft examinations.The state department of 2 25 transportation shall adopt rules in accordance with chapter 2 26 17A to carry out this section, including transition rules2 27allowing for salvage theft examinations prior to July 1, 1989. 2 28 Sec. 3. Section 321.104, subsection 4, Code 1997, is 2 29 amended to read as follows: 2 30 4. Topurport tosell, offer for sale, or transfer a motor 2 31 vehicle, trailer, or semitrailer, except as provided in 2 32 section 321.47 or 321.48, without obtaining a certificate of 2 33 title in the name of the seller or transferor or without 2 34 delivering to the purchaser or transferee a certificate of 2 35 title or a manufacturer's or importer's certificate duly 3 1 assigned to the purchaser or transferee as provided in this 3 2 chapter. 3 3 Sec. 4. NEW SECTION. 321.174A OPERATION OF MOTOR 3 4 VEHICLES WITH EXPIRED LICENSE. 3 5 A person shall not operate a motor vehicle upon a highway 3 6 in this state after the expiration date of the person's motor 3 7 vehicle license. 3 8 Sec. 5. Section 321.208A, Code 1997, is amended to read as 3 9 follows: 3 10 321.208A OPERATION IN VIOLATION OF OUT-OF-SERVICE ORDER – 3 11 PENALTY. 3 12 A person required to hold a commercial driver's license to 3 13 operate a commercial motor vehicle shall not operate a 3 14 commercial motor vehicle on the highways of this state in 3 15 violation of an out-of-service order issued by a peace officer 3 16 for a violation of the out-of-service rules adopted by the 3 17 department. An employer shall not allow an employee to drive 3 18 a commercial motor vehicle in violation of such out-of-service 3 19 order.The department shall adopt out-of-service rules which3 20shall be consistent with 49 C.F.R. } 392.5 adopted as of a3 21specific date by the department.A person who violates this 3 22 section shall be subject to a penalty of one hundred dollars. 3 23 Sec. 6. Section 321.236, subsection 12, Code 1997, is 3 24 amended to read as follows: 3 25 12. Designating highways or portions of highways as snow 3 26 routes. When conditions of snow or ice exist on the traffic 3 27 surface of a designated snow route, it is unlawful for the 3 28 driver of a vehicle to impede or block traffic if the driving 3 29 wheels of the vehicle are not equipped with snow tires, tire 3 30 chains, or a nonslip differential."Snow tires" as used in3 31this subsection means tires designed for use when there are3 32conditions of snow or ice on the highways, and meeting the3 33standards which shall be promulgated by rule of the director3 34of transportation. The standards promulgated by the director3 35shall require that snow tires be so designed to provide4 1adequate traction to maintain reasonable movement of the motor4 2vehicle on highways under snow conditions.4 3AnyA person charged with impeding or blocking traffic for 4 4 lack of snow tires, chains, or nonslip differential shall have 4 5saidthe charge dismissed upon a showing to the court that the 4 6 person's motor vehicle was equipped with snow tires, chains, 4 7 or a nonslip differential. 4 8 Sec. 7. Section 321.266, subsection 4, Code 1997, is 4 9 amended to read as follows: 4 10 4. Notwithstanding section 455B.386, a carrier 4 11 transporting hazardous material upon a public highway in this 4 12 state, in the case of an accident involving the transportation 4 13 of the hazardous material, shall immediately notify the police 4 14 radio broadcasting system established pursuant to section 4 15 693.1 or shall notify a peace officer of the county or city in 4 16 which the accident occurs. When a local law enforcement 4 17 agency is informed of the accident, the agency shall notify 4 18 the Iowa highway safety patrol and the state department of 4 19 transportation office of motor vehicle enforcement. A person 4 20 who violates a provision of this subsection is guilty of a 4 21 serious misdemeanor. 4 22 Sec. 8. Section 321.309, Code 1997, is amended to read as 4 23 follows: 4 24 321.309 TOWING – CONVOYS – DRAWBARS. 4 25NoA person shall not pull or tow by motor vehicle, for 4 26 hire, another motor vehicle over any highway outside the 4 27 limits of any incorporated city, except in case of temporary 4 28 movement of a disabled motor vehicle to the place where 4 29 repairs will be made, unlesssuchthe person has complied with 4 30 the provisions of sections 321.57 and 321.58. Provided, 4 31 however, ifsuchthe person is a nonresident of the state of 4 32 Iowa and has complied with the laws of the state of that 4 33 person's residence governing licensing and registration as a 4 34 transporter of motor vehicles the person shall not be required 4 35 to pay the fee provided in section 321.58 but only to submit 5 1 proof of the person's status as a bona fide manufacturer or 5 2 transporter as may reasonably be required by the department. 5 3EveryA person pulling or towing by motor vehicle another 5 4 motor vehicle in convoy or caravan shall maintain a distance 5 5 of at least five hundred feet between the units ofsaidthe 5 6 convoy or caravan. 5 7The drawbar or towing arm between a motor vehicle pulling5 8or towing another motor vehicle shall be of a type approved by5 9the director, except in case of the temporary movement of a5 10disabled vehicle in an emergency situation.5 11 Sec. 9. Section 321.317, subsection 1, Code 1997, is 5 12 amended to read as follows: 5 13 1. The signals required under the provisions of this 5 14 chapter may be given either by means of the hand and arm as 5 15 provided in section 321.318, or by a mechanical or electrical 5 16 directional signal device or lightof a type approved by the5 17department andconforming to the provisions of this chapter 5 18relating thereto. 5 19 Sec. 10. Section 321.317, subsection 3, Code 1997, is 5 20 amended to read as follows: 5 21 3. It is unlawful for any person to sell or offer for sale 5 22 or operate on the highways of the state any vehicle subject to 5 23 registration under the provisions of this chapter which has 5 24 never been registered in this or any other state prior to 5 25 January 1, 1954, unless the vehicle is equipped with a 5 26 directional signal device of a typeapproved by the department5 27and isin compliance with the provisions of subsection 2of5 28this section. Motorcycles, motorized bicycles and 5 29 semitrailers and trailers less than forty inches in width are 5 30 exempt from the provisions of this section. 5 31 Sec. 11. Section 321.373, subsection 7, Code 1997, is 5 32 amended to read as follows: 5 33 7. A school bus may be equipped with a white flashing 5 34 strobe light mounted on the roof of the bus to afford optimum 5 35 visibility during periods of inclement weather. The light 6 1 shall beof a type approved by the department of6 2transportation and shall beinstalled and operated in 6 3 accordance with rules promulgated by the department of 6 4 education. Each new school bus put into initial service after 6 5 January 1, 1977, shall be equipped with such a light. 6 6 Sec. 12. Section 321.383, subsection 2, Code 1997, is 6 7 amended to read as follows: 6 8 2. When operated on a highway in this state at a speed of 6 9 thirty miles per hour or less, every farm tractor, or tractor 6 10 with towed equipment, self-propelled implement of husbandry, 6 11 road construction or maintenance vehicle, road grader, horse- 6 12 drawn vehicle, or any other vehicle principally designed for 6 13 use off the highway and any such tractor, implement, vehicle, 6 14 or grader when manufactured for sale or sold at retail after 6 15 December 31, 1971, shall be identified with a reflective 6 16 deviceof a type approved by the directorin accordance with 6 17 the standards of the American society of agricultural 6 18 engineers; however, this provision shall not apply to such 6 19 vehicles when traveling in any escorted parade. The 6 20 reflective device shall be visible from the rearand mounted6 21in a manner approved by the director.The director, when6 22approving the device, shall be guided as far as practicable by6 23the standards of the American society of agricultural6 24engineers.A vehicle other than those specified in this 6 25 section shall not display a reflective device. On vehicles 6 26 operating at speeds above thirty miles per hour, the 6 27 reflective device shall be removed or hidden from view. 6 28 Sec. 13. Section 321.397, Code 1997, is amended to read as 6 29 follows: 6 30 321.397 LAMPS ON BICYCLES. 6 31 Every bicycle shall be equipped with a lamp on the front 6 32 exhibiting a white light, at the times specified in section 6 33 321.384 visible from a distance of at least three hundred feet 6 34 to the front and with a lamp on the rear exhibiting a red 6 35 light visible from a distance of three hundred feet to the 7 1 rear; except that a red reflectormeeting the requirements of7 2this chaptermay be used in lieu of a rear light. 7 3 Sec. 14. Section 321.423, subsection 6, Code 1997, is 7 4 amended to read as follows: 7 5 6. AMBER FLASHING LIGHT. A farm tractor, farm tractor 7 6 with towed equipment, self-propelled implement of husbandry, 7 7 road construction or maintenance vehicle, road grader, or 7 8 other vehicle principally designed for use off the highway 7 9 which, when operated on a primary or secondary road, is 7 10 operated at a speed of twenty-five miles an hour or less, 7 11 shall be equipped with and display an amber flashing light 7 12 visible from the rear at any time from sunset to sunrise. If 7 13 the amber flashing light is obstructed by the towed equipment, 7 14 the towed equipment shall also be equipped with and display an 7 15 amber flashing light as required under this subsection. All 7 16 vehicles specified in this subsection which are manufactured 7 17 for sale or sold in this state shall be equipped with an amber 7 18 flashing light in accordance with the standards of the 7 19 American society of agricultural engineers.The type, number,7 20dimensions, and method of mounting of the lights shall be7 21determined by the director. The director, when approving the7 22light, shall be guided as far as practicable by the standards7 23of the American society of agricultural engineers.7 24 Sec. 15. Section 321.424, Code 1997, is amended to read as 7 25 follows: 7 26 321.424 SALE OF LIGHTS – APPROVAL. 7 27 On and after July 4, 1955,noa person shall not have for 7 28 sale, sell, or offer for sale for use upon or as a part of the 7 29 equipment of a motor vehicle, trailer, or semitrailer, or use 7 30 upon any such vehicle any headlamp, auxiliary, or fog lamp, 7 31 rear lamp, signal lamp, or reflector, which reflector is 7 32 required hereunder, or parts of any of the foregoing which 7 33 tend to change the original design or performance, unless of a 7 34 type which has been submitted to the director and approved by 7 35 the director. 8 1The foregoing provisions of this section shall not apply to8 2equipment in actual use when this section is adopted or8 3replacement parts therefor.8 4NoA person shall not have for sale, sell, or offer for 8 5 sale for use upon or as a part of the equipment of a motor 8 6 vehicle, trailer, or semitrailer anylamp or device mentioned8 7in this section which has been approved by the director8 8 headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or 8 9 reflector, unless such lamp or device bears thereon the 8 10 trademark or name under which it is approved so as to be 8 11 legible when installed. 8 12No person shall use upon any motor vehicle, trailer, or8 13semitrailer any lamps mentioned in this section unless said8 14lamps are mounted, adjusted and aimed in accordance with8 15instructions of the director.8 16 Sec. 16. Section 321.430, subsection 3, Code 1997, is 8 17 amended to read as follows: 8 18 3. Every trailer or semitrailer of a gross weight of three 8 19 thousand pounds or more, and every trailer coach or travel 8 20 trailer of a gross weight of three thousand pounds or more 8 21 intended for use for human habitation, when operated on the 8 22 highways of this state, shall be equipped with brakes adequate 8 23 to control the movement of and to stop and hold such vehicle, 8 24 and so designed as to be applied by the driver of the towing 8 25 motor vehicle from its cab, or with self-actuating brakes, and 8 26 weight equalizing hitch with a sway controlof a type approved8 27by the director of transportation. Every semitrailer, travel 8 28 trailer, or trailer coach of a gross weight of three thousand 8 29 pounds or more shall be equipped with a separate, auxiliary 8 30 means of applying the brakes on the semitrailer, travel 8 31 trailer, or trailer coach from the cab of the towing vehicle. 8 32 Trailers or semitrailers with a truck or truck tractor need 8 33 only comply with the brake requirements. 8 34 Sec. 17. Section 321.444, subsection 3, Code 1997, is 8 35 amended by striking the subsection. 9 1 Sec. 18. Section 321.445, subsection 1, Code 1997, is 9 2 amended to read as follows: 9 3 1. Except for motorcycles or motorized bicycles, 1966 9 4 model year or newer motor vehicles subject to registration in 9 5 Iowa shall be equipped with safety belts and safety harnesses 9 6of a type and installed in a manner approved by rules adopted9 7by the department pursuant to chapter 17A. The department9 8shall adopt rules regarding the types of safety belts and9 9safety harnesses required to be installed in motor vehicles9 10and the manner in which they are installed. The rules shall9 11 which conform with federal motor vehicle safety standard 9 12 numbers 209 and 210 as published in 49 C.F.R. } 571.209- 9 13 571.210 and with prior federal motor vehicle safety standards 9 14 for seat belt assemblies and seat belt assembly anchorages 9 15 applicable for the motor vehicle's model year. The department 9 16 may adopt rules which comply with changes in the applicable 9 17 federal motor vehicle safety standards with regard to the type 9 18 of safety belts and safety harnesses and their manner of 9 19 installation. 9 20 Sec. 19. Section 321.450, unnumbered paragraph 2, Code 9 21 1997, is amended to read as follows: 9 22 Notwithstanding other provisions of this section, rules 9 23 adopted under this section concerning physical and medical 9 24 qualifications for drivers of commercial vehicles engaged in 9 25 intrastate commerce shall not be construed as disqualifying 9 26 any individual who was employed as a driver of commercial 9 27 vehicles engaged in intrastate commerceprior to January 1,9 281988, and whose physical or medical condition existed, prior 9 29 to July 29, 1996. 9 30 Sec. 20. Section 321.462, unnumbered paragraph 2, Code 9 31 1997, is amended by striking the unnumbered paragraph. 9 32 Sec. 21. Section 321H.2, subsection 9, Code 1997, is 9 33 amended to read as follows: 9 34 9. "Vehicle salvager" means a person engaged in the 9 35 business of scrappingvehicles, junking, dismantling, or 10 1 storing wrecked or damaged vehicles or selling reusable parts 10 2 of vehicles or storing vehicles not currently registered which 10 3 vehicles are subject to registration under chapter 321. 10 4 Sec. 22. Section 321H.3, subsection 1, Code 1997, is 10 5 amended to read as follows: 10 6 1. Selling or offering for sale used bodies, parts of 10 7 bodies, frames, or component parts of more than six used 10 8 vehicles subject to registration under chapter 321 in a 10 9 calendar year; or 10 10 Sec. 23. Section 321H.3, subsection 4, Code 1997, is 10 11 amended to read as follows: 10 12 4. Storing vehicles not currently registered or storing 10 13 damaged vehicles except where such storing of damaged vehicles 10 14 is incidental to the primary purpose of the repair of motor 10 15 vehicles for others, scrapping, junking, disposing, salvaging, 10 16 or recycling more than six vehicles or parts of more than six 10 17 vehicles subject to registration under chapter 321 in a 10 18 calendar year. 10 19 Sec. 24. Section 321H.8, Code 1997, is amended to read as 10 20 follows: 10 21 321H.8 PENALTIES. 10 22 A person convicted of violating a provision of this chapter 10 23 is guilty of asimpleserious misdemeanor. 10 24 Sec. 25. Section 322.2, Code 1997, is amended by adding 10 25 the following new subsection: 10 26 NEW SUBSECTION. 6A. "Engaged in the business" means doing 10 27 any of the following acts for the purpose of the sale of motor 10 28 vehicles at retail: acquiring, selling, exchanging, holding, 10 29 offering, displaying, brokering, accepting on consignment, 10 30 conducting a retail auction, or acting as an agent for the 10 31 purpose of doing any of those acts. A person selling at 10 32 retail more than six motor vehicles during a twelve-month 10 33 period may be presumed to be engaged in the business. 10 34 Sec. 26. Section 322.3, subsection 11, Code 1997, is 10 35 amended to read as follows: 11 1 11. A person who is engaged in the business of selling 11 2 motor vehicles at retail shall not sell, offer for sale, 11 3 display, represent, or advertise that the person intends to 11 4 sell motor vehicles from a location other than the person's 11 5 place of business, except as provided in section 322.5. 11 6 Sec. 27. Section 322.14, unnumbered paragraph 1, Code 11 7 1997, is amended to read as follows: 11 8 Any person violating any of the provisions of this chapter 11 9 where a penalty is not specifically provided for shall be 11 10 deemed guilty of asimpleserious misdemeanor. 11 11 Sec. 28. Section 322C.4, subsection 1, paragraph e, Code 11 12 1997, is amended to read as follows: 11 13 e. If the applicant is a party to a contract, agreement or 11 14 understanding with a manufacturer or distributor of travel 11 15 trailers or is about to become a party to a contract, 11 16 agreement, or understanding, the applicant shall state the 11 17 name of each manufacturer and distributor and the make or 11 18 makes of newmotor vehiclestravel trailers, if any, which are 11 19 the subject matter of the contract, agreement or 11 20 understanding. 11 21 Sec. 29. Section 331.361, subsection 2, Code 1997, is 11 22 amended by adding the following new paragraph: 11 23 NEW PARAGRAPH. d. If an interest in real property is 11 24 being sold, exchanged, or donated to the state department of 11 25 transportation for public purposes, the requirements of 11 26 paragraphs "a" and "b" are waived. 11 27 Sec. 30. Section 364.7, Code 1997, is amended by adding 11 28 the following new subsection: 11 29 NEW SUBSECTION. 4. If an interest in real property is 11 30 being sold, exchanged or donated to the state department of 11 31 transportation for public purposes, the requirements of 11 32 subsections 1 and 2 are waived. 11 33 Sec. 31. Section 428A.4, unnumbered paragraph 1, Code 11 34 1997, is amended to read as follows: 11 35 The county recorder shall refuse to record any deed, 12 1 instrument, or writing, taxable under section 428A.1 for which 12 2 payment of the tax determined on the full amount of the 12 3 consideration in the transaction has not been paid except any 12 4 deed, instrument, or writing in which the state of Iowa or any 12 5 agency, instrumentality, or governmental or political 12 6 subdivision thereof is the grantee as the result of 12 7 acquisition of lands, whether by contract or condemnation, for 12 8 public purposes through an exercise of the power of eminent 12 9 domain. However, if the deed, instrument, or writing, is 12 10 exempt under section 428A.2, the county recorder shall not 12 11 refuse to record the document if there is filed with or 12 12 endorsed on it a statement signed by either the grantor or 12 13 grantee or an authorized agent, that the instrument or writing 12 14 is excepted from the tax under section 428A.2. The validity 12 15 of an instrument as between the parties, and as to any person 12 16 who would otherwise be bound by the instrument, is not 12 17 affected by the failure to comply with this section. If an 12 18 instrument is accepted for recording or filing contrary to 12 19 this section the failure to comply does not destroy or impair 12 20 the record as notice. 12 21 Sec. 32. Section 452A.51, Code 1997, is amended to read as 12 22 follows: 12 23 452A.51 PURPOSE. 12 24 The purpose of this division is to provide an additional 12 25 method of collecting fuel taxes from interstate motor vehicle 12 26 operators commensurate with their operations on Iowa highways; 12 27 and to permit the state department of transportation to 12 28 suspend this collection as to transportation entering Iowa 12 29 from any other state where it appears that Iowa highway fuel 12 30 tax revenue and interstate highway transportation moving out 12 31 of Iowa will not be unduly prejudiced thereby. Further, all 12 32 motor vehicle operators from jurisdictions not participating 12 33 in the international fuel tax agreement are required to comply 12 34 with this chapter using the guidelines from the international 12 35 fuel tax agreement for reporting purposes, penalty, interest, 13 1 refunds, and credential display. 13 2 Sec. 33. Section 452A.53, unnumbered paragraphs 1, 2, and 13 3 3, Code 1997, are amended to read as follows: 13 4 The advance arrangements referred to in the preceding 13 5 section shall include the procuring of a permanentinterstate13 6fuelinternational fuel tax agreement permit or license or 13 7 single trip interstate permit. 13 8 Persons choosing not to make advance arrangements with the 13 9 state department of transportation by procuring a permit or 13 10 license are not relieved of their responsibility to purchase 13 11 motor fuel and special fuel commensurate with their use of the 13 12 state's highway system. When there is reasonable cause to 13 13 believe that there is evasion of the fuel tax on commercial 13 14 motor vehicles, the state department of transportation may 13 15 audit persons not holding a permit or license. Audits shall 13 16 be conducted pursuant to section 452A.55 and in accordance 13 17 with international fuel tax agreement guidelines. The state 13 18 department of transportation shall collect all taxes due and 13 19 refund any overpayment. 13 20 A permanent international fuel tax agreement permit or 13 21 license may be obtained upon application to the state 13 22 department of transportation. A fee of ten dollars shall be 13 23 charged for each permit or license issued and a fee of fifty 13 24 cents shall be charged for each set of decals. The holder of 13 25 a permanent permit or license shall have the privilege of 13 26 bringing into this state in the fuel supply tanks of 13 27 commercial motor vehicles any amount of motor fuel or special 13 28 fuel to be used in the operation of the vehicles and for that 13 29 privilege shall pay Iowa motor fuel or special fuel taxes as 13 30 provided in section 452A.54. A single trip interstate permit 13 31 may be obtained from the state department of transportation. 13 32 A fee oftwelvetwenty dollars shall be charged for each 13 33 individual single trip interstate permit issued. A single 13 34 trip interstate permit is subject to the following provisions 13 35 and limitations: 14 1 Sec. 34. Section 452A.54, unnumbered paragraph 2, Code 14 2 1997, is amended to read as follows: 14 3 Notwithstanding any provision of this chapter to the 14 4 contrary, except as provided in this section, the holder of a 14 5 permanent international fuel tax agreement permit or license 14 6 may make application to the state department of transportation 14 7 for a refund, not later than the last day of the third month 14 8 following the quarter in which the overpayment of Iowa fuel 14 9 tax paid on excess purchases of motor fuel or special fuel was 14 10 reported as provided in section 452A.8, and which application 14 11 is supported by such proof as the state department of 14 12 transportation may require. The state department of 14 13 transportation shall refund Iowa fuel tax paid on motor fuel 14 14 or special fuel purchased in excess of the amount consumed by 14 15 such commercial motor vehicles in their operation on the 14 16 highways of this state. 14 17 Sec. 35. Section 452A.54, unnumbered paragraph 4, Code 14 18 1997, is amended to read as follows: 14 19 To determine the amount of fuel taxes due under this 14 20 division and to prevent the evasion thereof, the state 14 21 department of transportation shall require a quarterly report 14 22 on forms prescribed by the state department of transportation. 14 23 It shall be filed not later than the last day of the month 14 24 following the quarter reported, and each quarter thereafter. 14 25 These reports shall be required of all persons who have been 14 26 issued a permit or license under this division and shall cover 14 27 actual operation and fuel consumption in Iowa on the basis of 14 28 the permit or license holder's average consumption of fuel in 14 29 Iowa, determined by the total miles traveled and the total 14 30 fuel purchased and consumed for highway use by the permittee's 14 31 or licensee's commercial motor vehicles in the permittee's or 14 32 licensee's entire operation in all states to establish an 14 33 overall miles per gallon ratio, which ratio shall be used to 14 34 compute the gallons used for the miles traveled in Iowa. 14 35 Sec. 36. Section 452A.55, Code 1997, is amended to read as 15 1 follows: 15 2 452A.55 RECORDS. 15 3 Every person operating within the purview of this division 15 4 shall make and keep for a period ofthreefour years such 15 5 records as may reasonably be required by the state department 15 6 of transportation for the administration of this division. If 15 7 in the normal conduct of the business, the required records 15 8 are maintained and kept at an office outside the state of 15 9 Iowa, it shall be a sufficient compliance with this section if 15 10 the records are made available for audit and examination by 15 11 the state department of transportation at the office outside 15 12 Iowa. 15 13 The state department of transportation within a period of 15 14 one year from the issuance of a permanentinterstate15 15 international fuel tax agreement fuel permit or license may 15 16 audit the records of the permittee or licensee for the two 15 17 years preceding the issuance of the permit or license. The 15 18 state department of transportation shall collect all taxes due 15 19 had the permittee or licensee been licensed for the two years 15 20 prior to the issuance of the permit or license and shall 15 21 refund any overpayment pursuant to section 452A.54. When, as 15 22 a result of an audit, fuel taxes unpaid and due the state of 15 23 Iowa exceed five hundred dollars, the audit shall be at the 15 24 expense of the person whose records are being audited. 15 25 However, if an audit of records maintained under this section 15 26 is made outside the state of Iowa in a state which requires 15 27 payment of the costs for similar audits performed by officials 15 28 or employees of the other state when made in Iowa, then all 15 29 costs of audits performed outside of Iowa in the other state 15 30 shall be at the expense of the person whose records are 15 31 audited. 15 32 Sec. 37. Section 558.58, subsection 2, Code 1997, is 15 33 amended to read as follows: 15 34 2. When the person required to pay a fee and a tax 15 35 relating to a real estate transaction is a governmental 16 1 subdivision or agency, the recorder, at the request of the 16 2 governmental subdivision or agency, shall bill the 16 3 governmental subdivision or agency for the fees and taxes 16 4 required to be paid for documents filed or recorded by it. 16 5 The governmental subdivision or agency shall pay the fees and 16 6 taxes due within thirty days after the date offilingthe 16 7 bill. 16 8 Sec. 38. Section 805.8, subsection 2, paragraph w, Code 16 9 1997, is amended to read as follows: 16 10 w. For failure to have a valid license or permit for 16 11 operating a motor vehicle on the highways of this state 16 12 pursuant to section 321.174 or for operating a motor vehicle 16 13 on the highways of this state with an expired license or 16 14 permit under section 321.174A, the scheduled fine is twenty 16 15 dollars. 16 16 Sec. 39. Section 805.8, subsection 2, Code 1997, is 16 17 amended by adding the following new paragraph: 16 18 NEW PARAGRAPH. ad. For violations of section 321.57, the 16 19 scheduled fine is fifty dollars. For violations of section 16 20 321.62, the scheduled fine is fifty dollars. 16 21 Sec. 40. REPEALS. Sections 321.27, 321.120, 321.391, 16 22 321.424, 321.438, and 321.429, Code 1997, are repealed. 16 23 EXPLANATION 16 24 This bill does the following: 16 25 Code section 321.25 is amended to provide that only one 16 26 "registration applied for" card will be issued for each motor 16 27 vehicle purchased upon payment of a fee of $5. Currently, 16 28 there is no reference in the Code regarding whether multiple 16 29 cards may be issued. 16 30 Code section 321.52, regarding salvage theft examinations, 16 31 is amended to increase the fee for an examination from $30 to 16 32 $75 and to provide that $65 of that amount is retained by the 16 33 agency performing the examinations. The bill retains the 16 34 current provisions which send $5 each to the department of 16 35 transportation and to the general fund of the state. The bill 17 1 also eliminates language which is no longer necessary relating 17 2 to transition provisions regarding the implementation of 17 3 salvage theft examinations. 17 4 Code section 321.104 is amended to require that a person 17 5 obtain a certificate of title in the person's name prior to 17 6 selling, offering for sale, or transferring a motor vehicle, 17 7 trailer, or semitrailer, unless the transaction is exempt 17 8 because the person acquiring the vehicle is a dealer or title 17 9 is transferred by operation of law. Failure to comply with 17 10 this provision is a simple misdemeanor. 17 11 New Code section 321.174A is created, making it a separate 17 12 offense to drive with an expired license. This offense is 17 13 punishable by a $20 scheduled fine. 17 14 Code section 321.208A is amended by eliminating language 17 15 requiring the department of transportation to adopt out-of- 17 16 service rules for commercial driver's license holders which 17 17 are consistent with 49 C.F.R. } 392.5. Currently, this 17 18 section only imposes a penalty for violators of out-of-service 17 19 orders regarding alcohol-related violations. 17 20 Code section 321.236, regarding local control over motor 17 21 vehicles, is amended by eliminating the requirement that the 17 22 director of the department of transportation promulgate rules 17 23 setting standards for snow tires and to provide that a person 17 24 who is charged with impeding traffic due to not having snow 17 25 tires, chains, or a nonslip differential shall have the charge 17 26 dismissed upon showing that the person's motor vehicle was 17 27 equipped with snow tires or chains. 17 28 Code section 321.266 is amended to provide that when a 17 29 local law enforcement agency is notified of a traffic accident 17 30 involving hazardous materials, the agency will notify the 17 31 state department of transportation. Currently, local law 17 32 enforcement agencies are only required to notify the Iowa 17 33 highway safety patrol. 17 34 Code sections 321.309 and 321.462 are amended to eliminate 17 35 the requirement that drawbars or towing arms used to pull one 18 1 motor vehicle by another or the connection between a truck 18 2 tractor and a semitrailer with a gross weight of 3,000 pounds 18 3 or more be approved by the director of the department of 18 4 transportation. 18 5 Code section 321.317 is amended to eliminate the necessity 18 6 of approval by the department of transportation of mechanical 18 7 or electrical directional signals or lights. Code section 18 8 327A.13 is amended to conform with the change to section 18 9 321.317. 18 10 Code section 321.373 is amended to eliminate the 18 11 requirement that the department of transportation approve the 18 12 type of flashing strobe lights mounted on school buses. 18 13 Code sections 321.383 and 321.423 are amended to require 18 14 that reflective devices and amber flashing lights on slow- 18 15 moving vehicles be in accordance with the standards of the 18 16 American society of agricultural engineers instead of approved 18 17 by the director of the department of transportation. 18 18 Code section 321.397 is amended to eliminate the 18 19 requirement that red reflectors on bicycles meet any 18 20 requirements under chapter 321. 18 21 Code section 321.424 is amended to eliminate the 18 22 requirement that motor vehicle lights be approved by and 18 23 installed in accordance with the directives of the director of 18 24 the department of transportation and conforms language in the 18 25 section with this change. 18 26 Code section 321.430 is amended to eliminate the 18 27 requirement that the director approve weight-equalizing 18 28 hitches. 18 29 Code section 321.444, subsection 3, is stricken. This 18 30 subsection required the director to publish a list of approved 18 31 types of automobile safety glass, to refuse to register motor 18 32 vehicles which did not have an approved type of safety glass, 18 33 and to suspend the registration of a motor vehicle not so 18 34 equipped. 18 35 Code section 321.445 eliminates the requirement that the 19 1 department of transportation adopt rules regarding seat belts. 19 2 The amended section now requires that 1966 model year and 19 3 newer motor vehicles be equipped with seat belts conforming to 19 4 federal standards. 19 5 Code section 321.450 is amended to provide that the section 19 6 or rules adopted in accordance with the section do not 19 7 disqualify a person employed as a driver of commercial 19 8 vehicles engaged in commerce within the state prior to July 19 9 29, 1996, who had a physical or medical condition which also 19 10 existed prior to July 29, 1996, from employment as a driver of 19 11 commercial vehicles engaged in intrastate commerce. 19 12 Code section 321H.2 is amended by adding "junking" to the 19 13 description of "vehicle salvager". 19 14 Code section 321H.3 is amended by adding the junking of and 19 15 the offering for sale of more than six bodies, parts of 19 16 bodies, or frames of used vehicles which are subject to 19 17 registration under chapter 321 in a calendar year to the 19 18 activities prohibited a person who is not otherwise authorized 19 19 to recycle used vehicles. 19 20 Code section 321H.8 is amended to increase the penalty for 19 21 a violation of the vehicle recycling chapter, chapter 321H, 19 22 from a simple to a serious misdemeanor. 19 23 Code section 322.2 (definitions regarding motor vehicle 19 24 manufacturers, distributors, and dealers) is amended to add a 19 25 definition of "engaged in the business". This is defined as 19 26 acquiring, selling, exchanging, holding, offering, displaying, 19 27 brokering, accepting on consignment, conducting a retail 19 28 auction, or acting as an agent for any of those purposes for 19 29 the purpose of the retail sale of motor vehicles. A person 19 30 selling more than six motor vehicles during a 12-month period 19 31 is presumed to be engaged in the business of selling motor 19 32 vehicles. 19 33 Code section 322.3 is amended to prohibit a person engaged 19 34 in the business of selling motor vehicles at retail from 19 35 displaying motor vehicles at a location other than the 20 1 person's place of business unless an exception under section 20 2 322.5 applies. 20 3 Code section 322.14 is amended to increase the penalty for 20 4 a violation of chapter 322 when a penalty is not specifically 20 5 provided for from a simple to a serious misdemeanor. 20 6 Code section 322C.4, regarding travel trailer dealers' 20 7 license applications and fees, is amended to replace a 20 8 reference to motor vehicles with the correct reference to 20 9 travel trailers. 20 10 Code sections 331.361 and 364.7 are amended to exempt 20 11 sales, exchanges, or donations of real property to the 20 12 department of transportation for public purposes by counties 20 13 and cities from the requirements that the governing body of 20 14 the city or county adopt a resolution and hold a public 20 15 hearing regarding the transfer. 20 16 Code section 428A.4 is amended to waive the requirement 20 17 that the real estate transfer tax be paid on the acquisition 20 18 of real estate by the state or a political subdivision of the 20 19 state before the county recorder will record the transaction. 20 20 Code section 452A.51 is amended to require that all motor 20 21 vehicle operators from jurisdictions not participating in the 20 22 international fuel tax agreement comply with chapter 452A 20 23 (motor fuel taxes) by using the guidelines from the agreement 20 24 for reporting purposes, penalty, interest, and credential 20 25 display. 20 26 Code sections 452A.53 (fuel tax permits), 452A.54 (fuel tax 20 27 computation, refund, reporting, and payment), and 452A.55 20 28 (records) are amended to provide that permanent fuel permits 20 29 or licenses must comply with the international fuel tax 20 30 agreement. Section 452A.53 is amended to require a payment of 20 31 50 cents for a set of fuel tax permit decals and increases the 20 32 fee for a single trip interstate permit from $12 to $20. Code 20 33 section 452A.55 is also amended to require records to be kept 20 34 for a period of four years; currently records are required to 20 35 be kept for three years. 21 1 Code section 558.58 is amended to provide that a 21 2 governmental subdivision or agency which is party to a real 21 3 estate transaction may be billed for any fee or tax required 21 4 to be paid, with payment being due 30 days from the date of 21 5 the bill. 21 6 Code section 805.8, subsection 2 (citations for traffic 21 7 violations), is amended to provide for a $50 scheduled fine 21 8 for violations of section 321.57 (operation under special 21 9 plates) and for violations of section 321.62 (transporter or 21 10 dealer records). The Code section is also amended to 21 11 specifically provide for a $20 scheduled fine for operating a 21 12 motor vehicle with an expired license or permit. 21 13 Code sections 321.27 (implementation period for 12-month 21 14 registration), 321.120 (trucks with solid rubber tires), and 21 15 321.391 (approval of reflectors), 321.424, 321.428, and 21 16 321.429 (approval of lighting equipment) are repealed. 21 17 LSB 1311DP 77 21 18 mk/jw/5.1
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