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Senate File 2192

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2192
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO HIGHWAYS AND MOTOR VEHICLES AND CONDEMNATION,
  1  5    INCLUDING CONDEMNATION OF PROPERTY BY THE STATE DEPARTMENT
  1  6    OF TRANSPORTATION, REGISTRATION, SALE, AND OPERATION OF
  1  7    CERTAIN VEHICLES, ISSUANCE OF DRIVER'S LICENSES AND NON-
  1  8    OPERATOR'S IDENTIFICATION CARDS, REGULATION OF OVERSIZE
  1  9    VEHICLES, AND VEHICLE MANUFACTURERS, DISTRIBUTORS, AND
  1 10    DEALERS, AND PROVIDING PENALTIES AND EFFECTIVE DATES.  
  1 11 
  1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 13 
  1 14                           DIVISION I
  1 15                            HIGHWAYS
  1 16    Section 1.  Section 6B.2A, subsection 4, Code 2001, is
  1 17 amended to read as follows:
  1 18    4.  This section shall not apply to a condemnation of
  1 19 property by the state department of transportation or a county
  1 20 for right-of-way that is contiguous to an existing road right-
  1 21 of-way and necessary for the maintenance, safety improvement,
  1 22 or repair, or upgrade of the existing road.  Notwithstanding
  1 23 section 6B.2C, a condemnation of property by the state
  1 24 department of transportation pursuant to this subsection shall
  1 25 be approved by the director of the department of
  1 26 transportation.  For purposes of this subsection, "upgrade"
  1 27 means to bring a road or bridge up to currently acceptable
  1 28 standards, including improved geometrics, passing lanes,
  1 29 turning lanes, climbing lanes, and improved shoulders.
  1 30 "Upgrade" does not include expanding a highway from two lanes
  1 31 to four lanes.
  1 32    Sec. 2.  Section 6B.18, Code 2001, is amended to read as
  1 33 follows:
  1 34    6B.18  NOTICE OF APPRAISEMENT – APPEAL OF AWARD – NOTICE
  1 35 OF APPEAL.
  2  1    1.  After the appraisement of damages has been delivered to
  2  2 the sheriff by the compensation commission, the sheriff shall
  2  3 give written notice, by ordinary mail, to the condemner and
  2  4 the condemnee of the date on which the appraisement of damages
  2  5 was made, the amount of the appraisement, and that any
  2  6 interested party may, within thirty days from the date of
  2  7 mailing the notice of the appraisement of damages, appeal to
  2  8 the district court by filing notice of appeal with the
  2  9 district court of the county in which the real estate is
  2 10 located and by giving written notice to the sheriff that the
  2 11 appeal has been taken.  The sheriff shall endorse the date of
  2 12 mailing of notice upon the original appraisement of damages.
  2 13 At the time of appeal, the appellant shall give written notice
  2 14 that the appeal has been taken to the adverse party, or the
  2 15 adverse party's agent or attorney, lienholders, and the
  2 16 sheriff.
  2 17    2.  An appeal of appraisement of damages is deemed to be
  2 18 perfected upon filing of a notice of appeal with the district
  2 19 court within thirty days from the date of mailing the notice
  2 20 of appraisement of damages.  The notice of appeal shall be
  2 21 served on the adverse party, or the adverse party's agent or
  2 22 attorney, any lienholders and encumbrancers of the property in
  2 23 the same manner as an original notice within thirty days from
  2 24 the date of filing the notice of appeal unless, for good cause
  2 25 shown, the court grants more than thirty days.  If after
  2 26 reasonable diligence, the notice cannot be personally served,
  2 27 the court may prescribe an alternative method of service
  2 28 consistent with due process of law.
  2 29    3.  In case of condemnation proceedings instituted by the
  2 30 state department of transportation, when the owner appeals
  2 31 from the assessment made, such notice of appeal shall be
  2 32 served upon the attorney general, or the department general
  2 33 counsel to the state department of transportation, or the
  2 34 chief highway engineer for the department.
  2 35    Sec. 3.  Section 6B.22, Code 2001, is amended to read as
  3  1 follows:
  3  2    6B.22  PLEADINGS ON APPEAL.
  3  3    A written petition shall be filed by the plaintiff within
  3  4 twenty thirty days after perfection of the appeal, stating
  3  5 specifically the items of damage and the amount thereof.  The
  3  6 court may for good cause shown grant additional time for the
  3  7 filing of the petition.  The defendant shall file a written
  3  8 answer to plaintiff's petition, or such other pleadings as may
  3  9 be proper.
  3 10    Sec. 4.  Section 6B.24, Code 2001, is amended to read as
  3 11 follows:
  3 12    6B.24  REDUCTION OF DAMAGES – INTEREST ON INCREASED AWARD.
  3 13    If the amount of damages awarded by the commissioners is
  3 14 decreased on appeal, the reduced amount shall be paid to the
  3 15 landowner.  If the amount of damages awarded by the
  3 16 commissioners is increased on appeal, interest shall be paid
  3 17 from the date of the condemnation.  Interest shall not be paid
  3 18 on any amount which was previously paid.  Interest shall be
  3 19 calculated at an annual rate equal to the coupon issue yield
  3 20 equivalent, as determined by the United States secretary of
  3 21 the treasury, of the average accepted auction price for the
  3 22 last auction of fifty-two-week United States treasury bills
  3 23 treasury constant maturity index published by the federal
  3 24 reserve in the H15 Report settled immediately before the date
  3 25 of the award.
  3 26    Sec. 5.  Section 6B.33, Code 2001, is amended to read as
  3 27 follows:
  3 28    6B.33  COSTS AND ATTORNEY FEES.
  3 29    The applicant shall pay all costs of the assessment made by
  3 30 the commissioners and reasonable attorney fees and costs
  3 31 incurred by the condemnee as determined by the commissioners
  3 32 if the award of the commissioners exceeds one hundred ten
  3 33 percent of the final offer of the applicant prior to
  3 34 condemnation.  The condemnee shall submit an application for
  3 35 fees and costs prior to adjournment of the final meeting of
  4  1 the compensation commission held on the matter.  The applicant
  4  2 shall file with the sheriff an affidavit setting forth the
  4  3 most recent offer made to the person whose property is sought
  4  4 to be condemned.  Members of such commissions shall receive a
  4  5 per diem of two hundred dollars and actual and necessary
  4  6 expenses incurred in the performance of their official duties.
  4  7 The applicant shall reimburse the county sheriff for the per
  4  8 diem and expense amounts paid by the sheriff to the members.
  4  9 The applicant shall reimburse the owner for the expenses the
  4 10 owner incurred for recording fees, penalty costs for full or
  4 11 partial prepayment of any preexisting recorded mortgage
  4 12 entered into in good faith encumbering the property, and for
  4 13 similar expenses incidental to conveying the property to the
  4 14 applicant.  The applicant shall also pay all costs occasioned
  4 15 by the appeal, including reasonable attorney fees to be taxed
  4 16 by the court, unless on the trial thereof the same or a lesser
  4 17 amount of damages is awarded than was allowed by the tribunal
  4 18 from which the appeal was taken.
  4 19    Sec. 6.  Section 307.22, Code 2001, is amended by adding
  4 20 the following new subsections:
  4 21    NEW SUBSECTION.  6.  Conduct a study of the road and bridge
  4 22 facilities in state parks, state institutions, state
  4 23 fairgrounds, and on community college property.  The study
  4 24 shall evaluate the construction and maintenance needs and
  4 25 projected needs based upon estimated growth for each type of
  4 26 facility to provide a quadrennially updated standard upon
  4 27 which to allocate funds appropriated for the purposes of this
  4 28 subsection.
  4 29    NEW SUBSECTION.  7.  Prepare, adopt, and cause to be
  4 30 published the results of a study of secondary roads in the
  4 31 state.  The study shall be designed to investigate present
  4 32 deficiencies and future twenty-year maintenance and
  4 33 construction needs of the roads.  The study shall be referred
  4 34 to as the "quadrennial need study" for the purposes of this
  4 35 chapter, chapter 307A, and chapter 312.  The department shall
  5  1 report the results of the study to the general assembly by
  5  2 July 1, 2002, and the study results shall take effect July 1,
  5  3 2003.
  5  4    NEW SUBSECTION.  8.  Annually recalculate the construction
  5  5 and maintenance needs of roads under the jurisdiction of each
  5  6 county to take into account the needs of a road whose
  5  7 jurisdiction has been transferred from the department to a
  5  8 county or from a county to the department during the previous
  5  9 year.  The recalculation shall be reported by January 1 of the
  5 10 year following the transfer and shall take effect the
  5 11 following July 1 for the purposes of allocating moneys under
  5 12 sections 312.3 and 312.5.
  5 13    Sec. 7.  Section 307A.2, subsection 11, Code 2001, is
  5 14 amended to read as follows:
  5 15    11.  Construct, reconstruct, improve, and maintain state
  5 16 institutional roads and state park roads, which are part of
  5 17 the state park, state institution, and other state land road
  5 18 system as defined in section 306.3, and bridges on such roads,
  5 19 roads located on state fairgrounds as defined in chapter 173,
  5 20 and the roads and bridges located on community college
  5 21 property as defined in chapter 260C, upon the request of the
  5 22 state board, department, or commission which has jurisdiction
  5 23 over such roads.  This shall be done in such manner as may be
  5 24 agreed upon by the state transportation commission and the
  5 25 state board, department, or commission which has jurisdiction.
  5 26 The commission may contract with any county or municipality
  5 27 for the construction, reconstruction, improvement, or
  5 28 maintenance of such roads and bridges.  Any state park road
  5 29 which is an extension of either a primary or secondary highway
  5 30 which both enters and exits from a state park at separate
  5 31 points shall be constructed, reconstructed, improved, and
  5 32 maintained as provided in section 306.4.  Funds allocated from
  5 33 the road use tax fund for the purposes of this subsection
  5 34 shall be apportioned in the ratio that the needs of the state
  5 35 institutional roads and bridges, park roads and bridges, or
  6  1 community college roads and bridges bear to the total needs of
  6  2 these facilities based upon the most recent quadrennial park
  6  3 and institution need study.  The commission shall conduct a
  6  4 study of the road and bridge facilities in state parks, state
  6  5 institutions, state fairgrounds, and on community college
  6  6 property.  The study shall evaluate the construction and
  6  7 maintenance needs and projected needs based upon estimated
  6  8 growth for each type of facility to provide a quadrennially
  6  9 updated standard upon which to allocate funds appropriated for
  6 10 the purposes of this subsection.
  6 11    Sec. 8.  Section 307A.2, subsections 14 and 14A, Code 2001,
  6 12 are amended by striking the subsections.
  6 13    Sec. 9.  Section 312.3, subsection 1, unnumbered paragraph
  6 14 2, Code 2001, is amended to read as follows:
  6 15    For the purposes of this subsection, "latest quadrennial
  6 16 need study report" includes the annual recalculation of
  6 17 construction and maintenance needs of roads whose jurisdiction
  6 18 has been transferred from the department to a county or from a
  6 19 county to the department during the previous year as
  6 20 recalculated pursuant to section 307A.2, subsection 14A
  6 21 307.22, subsection 8.
  6 22    Sec. 10.  Section 309.57, unnumbered paragraph 5, Code
  6 23 2001, is amended to read as follows:
  6 24    A road with an area service "C" classification shall retain
  6 25 the classification until such time as a petition for
  6 26 reclassification is submitted to the board of supervisors.
  6 27 The petition shall be signed by one or more adjoining
  6 28 landowners.  The board of supervisors shall approve or deny
  6 29 the request for reclassification within sixty days of receipt
  6 30 of the petition.
  6 31    Sec. 11.  NEW SECTION.  312.3B  IOWA COUNTY ENGINEERS
  6 32 ASSOCIATION SERVICE BUREAU SUPPORT FUND.
  6 33    Prior to the allocation to the counties under section
  6 34 312.3, subsection 1, the department is authorized to set aside
  6 35 each year twenty-five hundredths of one percent from the
  7  1 secondary road fund for deposit in a fund to be known as the
  7  2 Iowa county engineers association service bureau support fund.
  7  3 The Iowa county engineers association service bureau support
  7  4 fund shall be used by the department solely for the purpose of
  7  5 supporting the Iowa county engineers association service
  7  6 bureau.  Unobligated funds remaining in the Iowa county
  7  7 engineers association service bureau support fund on June 30
  7  8 of the fiscal year shall revert to the secondary road fund.
  7  9 On or before January 31 of each year, the Iowa county
  7 10 engineers association service bureau shall file a report with
  7 11 the governor, state transportation commission, county
  7 12 engineers, chief clerk of the house of representatives, and
  7 13 secretary of the senate showing the activity accomplished
  7 14 under this section.
  7 15    Sec. 12.  NEW SECTION.  312.3C  SECONDARY ROAD FUND
  7 16 DISTRIBUTION ADVISORY COMMITTEE.
  7 17    A secondary road fund distribution advisory committee is
  7 18 established to consider methodologies for distribution of
  7 19 moneys in the secondary road fund and farm-to-market road
  7 20 fund.  The committee shall be comprised of representatives
  7 21 appointed by the president of the Iowa county engineers
  7 22 association, the president of the Iowa county supervisors
  7 23 association, and the department.  The committee shall
  7 24 recommend to the general assembly, for the general assembly's
  7 25 consideration and adoption, one or more alternative
  7 26 methodologies for distribution of moneys in the secondary road
  7 27 fund and the farm-to-market road fund.
  7 28    Sec. 13.  Section 312.5, subsection 4, unnumbered paragraph
  7 29 2, Code 2001, is amended to read as follows:
  7 30    "Latest quadrennial need study report" includes the annual
  7 31 recalculation of construction and maintenance needs of roads
  7 32 whose jurisdiction has been transferred from the department to
  7 33 a county or from a county to the department during the prior
  7 34 year as recalculated pursuant to section 307A.2, subsection
  7 35 14A 307.22, subsection 8.
  8  1    Sec. 14.  Section 314.8, Code 2001, is amended to read as
  8  2 follows:
  8  3    314.8  GOVERNMENT MARKERS PRESERVED.
  8  4    1.  Whenever If it may become is necessary in grading the
  8  5 highways a highway to make a cut which that will disturb, or
  8  6 fill which that will cover up, a government or other
  8  7 established corner or land monument, it shall be the duty of
  8  8 the engineer to in charge of the project shall establish
  8  9 permanent witness corners or monuments, and make a record of
  8 10 the same, which shall that show the distance and direction the
  8 11 witness corner is from the corner disturbed or covered up.
  8 12 When said the construction work is completed the engineer
  8 13 shall permanently re-establish said reestablish the corner or
  8 14 monument.  A failure to perform said duties shall subject the
  8 15 engineer to a fine of not less than ten dollars nor more than
  8 16 fifty dollars to be collected on the engineer's bond.
  8 17    2.  If the duties in subsection 1 are not performed, the
  8 18 agency in control of the highway on which a project described
  8 19 in subsection 1 has been or is being completed shall pay the
  8 20 costs of restoring the original position of the established
  8 21 corner or land monument.
  8 22    Sec. 15.  Section 6B.19, Code 2001, is repealed.
  8 23    Sec. 16.  EFFECTIVE DATE.  The sections of this division of
  8 24 this Act amending sections 307.22, 307A.2, and 312.3, enacting
  8 25 sections 312.3B and 312.3C, and amending section 312.5, being
  8 26 deemed of immediate importance, take effect upon enactment.  
  8 27                           DIVISION II
  8 28                         MOTOR VEHICLES
  8 29    Sec. 17.  Section 321.1, Code Supplement 2001, is amended
  8 30 by adding the following new subsection:
  8 31    NEW SUBSECTION.  20B.  "Electric personal assistive
  8 32 mobility device" means a self-balancing device powered by an
  8 33 electric propulsion system that averages seven hundred fifty
  8 34 watts, has two nontandem wheels, and is designed to transport
  8 35 one person, with a maximum speed on a paved level surface of
  9  1 less than twenty miles per hour.  The maximum speed shall be
  9  2 calculated based on operation of the device by a person who
  9  3 weighs one hundred seventy pounds when the device is powered
  9  4 solely by the electric propulsion system.
  9  5    Sec. 18.  Section 321.1, subsection 40, paragraph b, Code
  9  6 Supplement 2001, is amended to read as follows:
  9  7    b.  "Motorized bicycle" or "motor bicycle" means a motor
  9  8 vehicle having a saddle or a seat for the use of a rider and
  9  9 designed to travel on not more than three wheels in contact
  9 10 with the ground, with an engine having a displacement no
  9 11 greater than fifty cubic centimeters and not capable of
  9 12 operating at a speed in excess of twenty-five thirty miles per
  9 13 hour on level ground unassisted by human power.
  9 14    Sec. 19.  Section 321.57, subsections 1, 2, and 4, Code
  9 15 Supplement 2001, are amended to read as follows:
  9 16    1.  A manufactured home retailer dealer owning any vehicle
  9 17 of a type otherwise required to be registered under this
  9 18 chapter may operate or move the vehicle upon the highways
  9 19 solely for purposes of transporting, testing, demonstrating,
  9 20 or selling the vehicle without registering the vehicle, upon
  9 21 condition that the vehicle display in the manner prescribed in
  9 22 sections 321.37 and 321.38 a special plate issued to the owner
  9 23 as provided in sections 321.58 to 321.62.  Additionally, a new
  9 24 car dealer or a used car dealer may operate or move upon the
  9 25 highways a new or used car or trailer owned by the dealer for
  9 26 either private or business purposes without registering it if
  9 27 the new or used car or trailer is in the dealer's inventory
  9 28 and is continuously offered for sale at retail, and there is
  9 29 displayed on it a special plate issued to the dealer as
  9 30 provided in sections 321.58 to 321.62.
  9 31    2.  In addition, while a service customer is having the
  9 32 customer's own vehicle serviced or repaired by the
  9 33 manufactured home retailer dealer, the service customer of the
  9 34 manufactured home retailer dealer may operate upon the
  9 35 highways a motor vehicle owned by the manufactured home
 10  1 retailer dealer, except a motor truck or truck tractor, upon
 10  2 which there is displayed a special plate issued to the
 10  3 manufactured home retailer dealer, provided all of the
 10  4 requirements of this section are complied with.
 10  5    4.  The provisions of this section and sections 321.58 to
 10  6 321.62, shall not apply to any vehicles offered for hire, work
 10  7 or service vehicles owned by a transporter or manufactured
 10  8 home retailer dealer.
 10  9    Sec. 20.  Section 321.58, Code Supplement 2001, is amended
 10 10 to read as follows:
 10 11    321.58  APPLICATION.
 10 12    All manufactured home retailers dealers, transporters, new
 10 13 motor vehicle wholesalers licensed under chapter 322, and
 10 14 manufactured home retailers licensed under chapter 322B, upon
 10 15 payment of a fee of seventy dollars for two years, one hundred
 10 16 forty dollars for four years, or two hundred ten dollars for
 10 17 six years, may make application to the department upon the
 10 18 appropriate form for a certificate containing a general
 10 19 distinguishing number and for one or more special plates as
 10 20 appropriate to various types of vehicles subject to
 10 21 registration.  The applicant shall also submit proof of the
 10 22 applicant's status as a bona fide transporter, new motor
 10 23 vehicle wholesaler licensed under chapter 322, manufactured
 10 24 home retailer licensed under chapter 322B, or manufactured
 10 25 home retailer dealer, as reasonably required by the
 10 26 department.  Dealers in new vehicles shall furnish
 10 27 satisfactory evidence of a valid franchise with the
 10 28 manufacturer of the vehicles authorizing the dealership.
 10 29    Sec. 21.  Section 321.69, subsection 7, Code 2001, is
 10 30 amended by adding the following new unnumbered paragraph:
 10 31    NEW UNNUMBERED PARAGRAPH.  In addition to the information
 10 32 required in subsection 2, a separate disclosure document shall
 10 33 state whether the vehicle's certificate of title indicates the
 10 34 existence of damage prior to the period of the transferor's
 10 35 ownership of the vehicle, and the amount of that damage if the
 11  1 transferor knows or reasonably should know of the prior
 11  2 damage, and whether the vehicle was titled as a salvage
 11  3 vehicle during the period of the transferor's ownership of the
 11  4 vehicle.
 11  5    Sec. 22.  Section 321.127, subsection 4, Code 2001, is
 11  6 amended to read as follows:
 11  7    4.  Refunds and credits for motor vehicles registered for
 11  8 proportional registration under chapter 326 shall be paid or
 11  9 credited on the basis of unexpired complete calendar months
 11 10 remaining in the registration year from the date the claim or
 11 11 application is filed with for refund, license plate, and
 11 12 registration receipt are received by the department.
 11 13    Sec. 23.  Section 321.182, subsections 1 and 3, Code
 11 14 Supplement 2001, are amended to read as follows:
 11 15    1.  a.  Make application on a form provided by the
 11 16 department which shall include the applicant's full name,
 11 17 signature, current mailing address, current residential
 11 18 address, date of birth, social security number, and physical
 11 19 description including sex, height, and eye color.  The
 11 20 application may contain other information the department may
 11 21 require by rule.  Pursuant to procedures established by the
 11 22 department and for an applicant who is a foreign national
 11 23 temporarily present in this state, the department may waive
 11 24 the requirement that the application include the applicant's
 11 25 social security number.
 11 26    b.  A licensee shall notify the department when the
 11 27 licensee's mailing address changes and provide the new address
 11 28 within thirty days of obtaining the new address.  The
 11 29 application provided by the department shall include a
 11 30 statement for the applicant to sign that acknowledges the
 11 31 applicant's knowledge of the requirement to notify the
 11 32 department of a mailing address change.  The penalty under
 11 33 section 321.482 shall not apply to a licensee's failure to
 11 34 notify the department of such an address change.
 11 35    3.  Certify that the applicant has no other driver's
 12  1 license and certify that the applicant is a resident of this
 12  2 state as provided in section 321.1A.  However, certification
 12  3 of residency is not required for an applicant for a
 12  4 nonresident commercial driver's license who is a foreign
 12  5 national temporarily present in this state, as determined by
 12  6 the department.
 12  7    Sec. 24.  Section 321.190, subsection 1, paragraphs a and
 12  8 d, Code Supplement 2001, are amended to read as follows:
 12  9    a.  The department shall, upon application and payment of
 12 10 the required fee, issue to an applicant a nonoperator's
 12 11 identification card.  To be valid the card shall bear a
 12 12 distinguishing number assigned to the card holder, the full
 12 13 name, date of birth, sex, residence address, a physical
 12 14 description and a colored photograph of the card holder, the
 12 15 usual signature of the card holder, and such other information
 12 16 as the department may require by rule.  An applicant for a
 12 17 nonoperator's identification card shall apply for the card in
 12 18 the manner provided in section 321.182, subsections 1 through
 12 19 3.  The card shall be issued to the applicant at the time of
 12 20 application pursuant to procedures established by rule.
 12 21    d.  The fee for a nonoperator's identification card shall
 12 22 be five dollars and the card shall be valid for a period of
 12 23 four five years from the date of issuance.  A nonoperator's
 12 24 identification card shall be issued without expiration to
 12 25 anyone age seventy or over.  If an applicant for a
 12 26 nonoperator's identification card is a foreign national who is
 12 27 temporarily present in this state, the nonoperator's
 12 28 identification card shall be issued only for the length of
 12 29 time the foreign national is authorized to be present as
 12 30 determined by the department, not to exceed two years.  No An
 12 31 issuance fee shall not be charged for a person whose driver's
 12 32 license or driving privilege has been suspended under section
 12 33 321.210, subsection 1, paragraph "c".
 12 34    The nonoperator's identification card fees shall be
 12 35 transmitted by the department to the treasurer of state who
 13  1 shall credit the fees to the road use tax fund.
 13  2    Sec. 25.  Section 321.191, subsections 2 through 4, Code
 13  3 2001, are amended to read as follows:
 13  4    2.  NONCOMMERCIAL DRIVER'S LICENSES.  The fee for a
 13  5 noncommercial driver's license, other than a class D driver's
 13  6 license or any type of instruction permit, valid for two years
 13  7 is eight four dollars per year of license validity.
 13  8    3.  LICENSES FOR CHAUFFEURS.  The fee for a noncommercial
 13  9 class D driver's license valid for two years is sixteen eight
 13 10 dollars per year of license validity.
 13 11    4.  COMMERCIAL DRIVER'S LICENSES.  An additional The fee of
 13 12 eight dollars is required to issue for a commercial driver's
 13 13 license, other than an instruction permit, valid for two years
 13 14 for the operation of a commercial motor vehicle is eight
 13 15 dollars per year of license validity.
 13 16    Sec. 26.  Section 321.191, subsection 7, Code 2001, is
 13 17 amended by striking the subsection.
 13 18    Sec. 27.  Section 321.191, subsection 8, Code 2001, is
 13 19 amended to read as follows:
 13 20    8.  ENDORSEMENTS AND REMOVAL OF AIR BRAKE RESTRICTIONS.
 13 21 The fee for a double/triple trailer endorsement, tank vehicle
 13 22 endorsement, and hazardous materials endorsement is five
 13 23 dollars for each endorsement.  The fee for a passenger
 13 24 endorsement is ten dollars.  The fee for removal of an air
 13 25 brake restriction on a commercial driver's license is ten
 13 26 dollars.  Fees imposed under this subsection for endorsements
 13 27 or removal of restrictions are valid for the length of the
 13 28 time period of the license regardless of whether the license
 13 29 is issued for two or four years.  Upon renewal of a commercial
 13 30 driver's license there is no fee is payable for retaining
 13 31 endorsements or the removal of the air brake restriction for
 13 32 those endorsements or restrictions which do not require the
 13 33 taking of either a knowledge or a driving skills test for
 13 34 renewal.
 13 35    Sec. 28.  Section 321.196, Code Supplement 2001, is amended
 14  1 to read as follows:
 14  2    321.196  EXPIRATION OF LICENSE – RENEWAL.
 14  3    1.  Except as otherwise provided, a driver's license, other
 14  4 than an instruction permit, chauffeur's instruction permit, or
 14  5 commercial driver's instruction permit issued under section
 14  6 321.180, expires, at the option of the applicant, two or four
 14  7 five years from the licensee's birthday anniversary occurring
 14  8 in the year of issuance if the licensee is between the ages of
 14  9 seventeen years eleven months and seventy years on the date of
 14 10 issuance of the license.  If the licensee is under the age of
 14 11 seventeen years eleven months or age seventy or over, the
 14 12 license is effective for a period of two years from the
 14 13 licensee's birthday anniversary occurring in the year of
 14 14 issuance.  A licensee whose license is restricted due to
 14 15 vision or other physical deficiencies may be required to renew
 14 16 the license every two years.  If a licensee is a foreign
 14 17 national who is temporarily present in this state, the license
 14 18 shall be issued only for the length of time the foreign
 14 19 national is authorized to be present as determined by the
 14 20 department, not to exceed two years.
 14 21    2.  Except as required in section 321.188, and except for a
 14 22 motorcycle instruction permit issued in accordance with
 14 23 section 321.180 or 321.180B, a driver's license is renewable
 14 24 without written examination or penalty within a period of
 14 25 sixty days after its expiration date and without a driving
 14 26 test within a period of one year after its expiration date.  A
 14 27 person shall not be considered to be driving with an invalid
 14 28 license during a period of sixty days following the license
 14 29 expiration date.  However, for a license renewed within the
 14 30 sixty-day period, the date of issuance shall be considered to
 14 31 be the previous birthday anniversary on which it expired.
 14 32 Applicants whose licenses are restricted due to vision or
 14 33 other physical deficiencies may be required to renew their
 14 34 licenses every two years.
 14 35    3.  For the purposes of this section, the birthday
 15  1 anniversary of a person born on February 29 shall be deemed to
 15  2 occur on March 1.
 15  3    4.  The department in its discretion may authorize the
 15  4 renewal of a valid driver's license other than a commercial
 15  5 driver's license upon application without an examination
 15  6 provided that the applicant satisfactorily passes a vision
 15  7 test as prescribed by the department or files a vision report
 15  8 in accordance with section 321.186A which shows that the
 15  9 applicant's visual acuity level meets or exceeds those
 15 10 required by the department.  An application for renewal of a
 15 11 driver's license shall include a statement for the applicant
 15 12 to sign that acknowledges the applicant's knowledge of the
 15 13 requirement to notify the department of a mailing address
 15 14 change under section 321.182, subsection 1.
 15 15    5.  Any A resident of Iowa holding a valid driver's license
 15 16 who is temporarily absent from the state, or incapacitated,
 15 17 may, at the time for renewal for of such license, apply to the
 15 18 department for a temporary extension of the license.  The
 15 19 department upon receipt of the application shall, upon a
 15 20 showing of good cause, issue a temporary extension of the
 15 21 driver's license for a period not to exceed six months.
 15 22    Sec. 29.  Section 321.208, subsection 7, paragraphs a
 15 23 through c, Code Supplement 2001, are amended to read as
 15 24 follows:
 15 25    a.  A person is disqualified from operating a commercial
 15 26 motor vehicle for sixty days if the person is convicted of a
 15 27 first railroad crossing at grade violation under section
 15 28 321.341 or 321.343 and the violation occurred while the person
 15 29 was operating a commercial motor vehicle.
 15 30    b.  A person is disqualified from operating a commercial
 15 31 motor vehicle for one hundred twenty days if the person is
 15 32 convicted of a second railroad crossing at grade violation
 15 33 under section 321.341 or 321.343, the violation occurred while
 15 34 the person was operating a commercial motor vehicle, and the
 15 35 violation occurred within three years after a first such
 16  1 violation.
 16  2    c.  A person is disqualified from operating a commercial
 16  3 motor vehicle for one year if the person is convicted of a
 16  4 third or subsequent railroad crossing at grade violation under
 16  5 section 321.341 or 321.343, the violation occurred while the
 16  6 person was operating a commercial motor vehicle, and the
 16  7 violation occurred within three years after a first such
 16  8 violation.
 16  9    Sec. 30.  NEW SECTION.  321.235A  ELECTRIC PERSONAL
 16 10 ASSISTIVE MOBILITY DEVICES.
 16 11    An electric personal assistive mobility device may be
 16 12 operated by a person at least sixteen years of age on
 16 13 sidewalks and bikeways in accordance with this section.
 16 14    1.  None of the following are required for operation of an
 16 15 electric personal assistive mobility device:
 16 16    a.  Licensure or registration of the electric personal
 16 17 assistive mobility device under this chapter.
 16 18    b.  Possession of a driver's license or permit by the
 16 19 operator of the electric personal assistive mobility device.
 16 20    c.  Proof of financial responsibility.
 16 21    2.  A person operating an electric personal assistive
 16 22 mobility device on a sidewalk or bikeway shall do all of the
 16 23 following:
 16 24    a.  Yield the right-of-way to pedestrians and human-powered
 16 25 devices.
 16 26    b.  Give an audible signal before overtaking and passing a
 16 27 pedestrian or human-powered device.
 16 28    3.  A person shall not operate an electric personal
 16 29 assistive mobility device at the times specified in section
 16 30 321.384 unless the person or the electric personal assistive
 16 31 mobility device is equipped with a headlight visible from the
 16 32 front of the electric personal assistive mobility device and
 16 33 at least one red reflector visible from the rear of the
 16 34 electric personal assistive mobility device.
 16 35    4.  Violations of this section are punishable as a
 17  1 scheduled violation under section 805.8A, subsection 9A.
 17  2    Sec. 31.  Section 321.236, Code Supplement 2001, is amended
 17  3 by adding the following new subsection:
 17  4    NEW SUBSECTION.  14.  Regulating or prohibiting the
 17  5 operation of electric personal assistive mobility devices
 17  6 authorized pursuant to section 321.235A.
 17  7    Sec. 32.  Section 321.266, subsection 2, Code 2001, is
 17  8 amended to read as follows:
 17  9    2.  The driver of a vehicle involved in an accident
 17 10 resulting in injury to or death of any person, or total
 17 11 property damage to an apparent extent of one thousand dollars
 17 12 or more shall also, within seventy-two hours after the
 17 13 accident, forward a written report of the accident to the
 17 14 department.  However, such report is not required when the
 17 15 accident is investigated by a law enforcement agency.
 17 16    Sec. 33.  Section 321.463, subsection 5, paragraph c, Code
 17 17 Supplement 2001, is amended by adding the following new
 17 18 unnumbered paragraph:
 17 19    NEW UNNUMBERED PARAGRAPH.  Notwithstanding any provision of
 17 20 this section to the contrary, the maximum gross weight allowed
 17 21 to be carried on a noninterstate highway by a livestock
 17 22 vehicle with five axles, a minimum distance in feet between
 17 23 the centers of the first and fifth axles of sixty-one feet,
 17 24 and a minimum distance between the two rear axles of at least
 17 25 eight feet and one inch is eighty-six thousand pounds.
 17 26    Sec. 34.  Section 321A.17, subsection 4, Code 2001, is
 17 27 amended by striking the subsection.
 17 28    Sec. 35.  Section 321A.17, Code 2001, is amended by adding
 17 29 the following new subsection:
 17 30    NEW SUBSECTION.  9.  This section does not apply to an
 17 31 individual whose privilege to operate a motor vehicle has been
 17 32 suspended or revoked when the period of suspension or
 17 33 revocation has ended and the individual provides evidence
 17 34 satisfactory to the department that the individual has
 17 35 established residency in another state.  The individual may
 18  1 not apply for an Iowa driver's license for two years from the
 18  2 effective date of the person's last suspension or revocation
 18  3 unless proof of financial responsibility is filed with the
 18  4 department, as required by this section.
 18  5    Sec. 36.  Section 321E.8, Code Supplement 2001, is amended
 18  6 to read as follows:
 18  7    321E.8  ANNUAL PERMITS.
 18  8    Subject to the discretion and judgment provided for in
 18  9 section 321E.1, annual permits shall be issued in accordance
 18 10 with the following provisions:
 18 11    1.  Vehicles with indivisible loads, having an overall
 18 12 width not to exceed twelve feet five inches or mobile homes
 18 13 including appurtenances, having an overall width not to exceed
 18 14 twelve sixteen feet five zero inches, and an overall length
 18 15 not to exceed seventy-five one hundred twenty feet zero
 18 16 inches, an overall height not to exceed fifteen feet five
 18 17 inches, and a total gross weight not to exceed eighty thousand
 18 18 pounds, may be moved for unlimited distances.  The vehicle and
 18 19 load shall not exceed the height of thirteen feet ten inches
 18 20 and the total gross weight as prescribed in section 321.463.
 18 21 as follows:
 18 22    a.  Vehicles with indivisible loads, or mobile homes
 18 23 including appurtenances, having an overall width not to exceed
 18 24 twelve feet five inches, an overall length not to exceed one
 18 25 hundred twenty feet zero inches, and an overall height not to
 18 26 exceed thirteen feet ten inches may be moved for unlimited
 18 27 distances without route approval from the permitting
 18 28 authority.
 18 29    b.  Vehicles with indivisible loads, or mobile homes
 18 30 including appurtenances, having an overall width not to exceed
 18 31 fourteen feet six inches, an overall length not to exceed one
 18 32 hundred twenty feet zero inches, and an overall height not to
 18 33 exceed fifteen feet five inches may be moved on the interstate
 18 34 highway system and primary highways with more than one lane
 18 35 traveling in each direction for unlimited distances and no
 19  1 more than fifty miles from the point of origin on all other
 19  2 highways without route approval from the permit issuing
 19  3 authority.
 19  4    c.  All other vehicles with indivisible loads operating
 19  5 under this subsection shall obtain route approval from the
 19  6 permitting authority.
 19  7    d.  Vehicles with indivisible loads may operate under an
 19  8 all systems permit in compliance with paragraph "a", "b", or
 19  9 "c".
 19 10    2.  Vehicles with indivisible loads, having an overall
 19 11 width not to exceed thirteen feet five inches or mobile homes,
 19 12 including appurtenances, having an overall width not to exceed
 19 13 thirteen feet five inches and an overall length not to exceed
 19 14 one hundred twenty feet zero inches may be moved on highways
 19 15 specified by the permitting authority for unlimited distances
 19 16 if the height of the vehicle and load does not exceed fifteen
 19 17 feet five inches and the total gross weight of the vehicle
 19 18 does not exceed one hundred thirty-six fifty-six thousand
 19 19 pounds.  The vehicle owner or operator shall verify with the
 19 20 permitting authority prior to movement of the load that
 19 21 highway conditions have not changed so as to prohibit movement
 19 22 of the vehicle.  Any cost to repair damage to highways or
 19 23 highway structures shall be borne by the owner or operator of
 19 24 the vehicle causing the damage.  Permitted vehicles under this
 19 25 subsection shall not be allowed to travel on any portion of
 19 26 the interstate highway system.  Vehicles with indivisible
 19 27 loads operating under the permit provisions of this subsection
 19 28 may operate under the permit provisions of subsection 1
 19 29 provided the vehicle and load comply with the limitations
 19 30 described in subsection 1.
 19 31    3.  Vehicles with indivisible loads, including mobile homes
 19 32 and factory-built structures, having an overall width not to
 19 33 exceed sixteen feet zero inches and an overall length not to
 19 34 exceed one hundred twenty feet zero inches may be moved under
 19 35 an annual or all-systems permit and must have a route
 20  1 specified by the issuing authority prior to the movement.
 20  2 However, vehicles with indivisible loads, including mobile
 20  3 homes and factory-built structures, with an overall width not
 20  4 exceeding fourteen feet six inches may exceed fifty miles
 20  5 under an annual and all-systems permit when prior approval for
 20  6 trip routing is obtained from the issuing authority.  A
 20  7 vehicle and load being moved according to this paragraph shall
 20  8 not exceed fifteen feet five inches in height and shall not
 20  9 exceed the total gross weight as prescribed in section
 20 10 321.463.
 20 11    Sec. 37.  Section 321E.14, Code Supplement 2001, is amended
 20 12 to read as follows:
 20 13    321E.14  FEES FOR PERMITS.
 20 14    The department or local authorities issuing permits shall
 20 15 charge a fee of twenty-five dollars for an annual permit
 20 16 issued under section 321E.8, subsection 1 or 3, a fee of three
 20 17 hundred dollars for an annual permit issued under section
 20 18 321E.8, subsection 2, a fee of two hundred dollars for a
 20 19 multi-trip permit, and a fee of ten dollars for a single-trip
 20 20 permit, and shall determine charges for special permits issued
 20 21 pursuant to section 321E.29 by rules adopted pursuant to
 20 22 chapter 17A.  Fees for the movement of buildings, parts of
 20 23 buildings, or unusual vehicles or loads may be increased to
 20 24 cover the costs of inspections by the issuing authority.  A
 20 25 fee not to exceed two hundred fifty dollars per day or a
 20 26 prorated fraction of that fee per person and car for escort
 20 27 service may be charged when requested or when required under
 20 28 this chapter.  Proration of escort fees between state and
 20 29 local authorities when more than one governmental authority
 20 30 provides or is required to provide escort for a movement
 20 31 during the period of a day shall be determined by rule under
 20 32 section 321E.15.  The department and local authorities may
 20 33 charge a permit applicant for the cost of trimming trees and
 20 34 removal and replacement of natural obstructions or official
 20 35 signs and signals or other public or private property required
 21  1 to be removed during the movement of a vehicle and load.  In
 21  2 addition to the fees provided in this section, the annual fee
 21  3 for a permit for special mobile equipment, as defined in
 21  4 section 321.1, subsection 75, operated pursuant to section
 21  5 321E.7, subsection 2, with a combined gross weight up to and
 21  6 including eighty thousand pounds shall be twenty-five dollars
 21  7 and for a combined gross weight exceeding eighty thousand
 21  8 pounds, fifty dollars.
 21  9    The annual fee for an all-system permit is one hundred
 21 10 twenty dollars which shall be deposited in the road use tax
 21 11 fund.
 21 12    Sec. 38.  Section 322.5, subsection 5, Code Supplement
 21 13 2001, is amended by adding the following new unnumbered
 21 14 paragraph:
 21 15    NEW UNNUMBERED PARAGRAPH.  A temporary permit shall not be
 21 16 issued under this subsection to a nonresident manufacturer,
 21 17 distributor, or dealer unless the state in which the
 21 18 nonresident manufacturer, distributor, or dealer is licensed
 21 19 extends by reciprocity similar privileges to a manufacturer,
 21 20 distributor, or dealer licensed by this state.
 21 21    Sec. 39.  Section 322A.12, Code 2001, is amended to read as
 21 22 follows:
 21 23    322A.12  SALE OR TRANSFER OF OWNERSHIP.
 21 24    1.  Notwithstanding the terms, provisions, or conditions of
 21 25 any an agreement or franchise, subject to the provisions of
 21 26 subsection 2 of section 322A.11, subsection 2, in the event of
 21 27 the sale or transfer of ownership of the a franchisee's
 21 28 dealership by sale or transfer of the business or by stock
 21 29 transfer or in the event of a change in the executive
 21 30 management of the a franchisee's dealership, the franchiser
 21 31 shall give effect to such a the change in the franchise unless
 21 32 the transfer of the franchisee's license under chapter 322 is
 21 33 denied or the new owner is unable to obtain a license under
 21 34 said that chapter, as the case may be.
 21 35    2.  Notwithstanding the terms, provisions, or conditions of
 22  1 an agreement or franchise, the sale or transfer, or the
 22  2 proposed sale or transfer, of a franchisee's dealership, or
 22  3 the change or proposed change in the executive management of a
 22  4 franchisee's dealership shall not make applicable any right of
 22  5 first refusal of the franchiser.
 22  6    Sec. 40.  Section 326.10A, Code 2001, is amended to read as
 22  7 follows:
 22  8    326.10A  PAYMENT BY CHECK.
 22  9    The department shall accept payment of fees under this
 22 10 chapter by personal or corporate check.  The fee shall be
 22 11 deemed to have been paid upon receipt of the check.  However,
 22 12 the department shall not issue plates, stickers or other
 22 13 identification of vehicles subject to proportional
 22 14 registration until sufficient time has elapsed to ensure that
 22 15 payment of the check has cleared the bank upon which it is
 22 16 drawn.  If the check is not honored, all fees and penalties
 22 17 shall accumulate as if the fee was not paid.  After
 22 18 appropriate warning from the department, the registration
 22 19 account shall be suspended, collection pursued, and the
 22 20 delinquent registration fees shall become a debt due the state
 22 21 of Iowa.  After a dishonored check has been received from an
 22 22 applicant, payments submitted by the applicant during the
 22 23 following year must be made with guaranteed funds.
 22 24    Sec. 41.  Section 326.11, unnumbered paragraph 1, Code
 22 25 2001, is amended to read as follows:
 22 26    Vehicles acquired by a fleet owner after the commencement
 22 27 of the registration year and subsequently added to the fleet
 22 28 shall be prorated by applying the mileage percentage used in
 22 29 the original application for such fleet for such registration
 22 30 period to registration fees due under chapter 321 but in no
 22 31 case less than that required by section 326.10.  A
 22 32 supplemental report An application for registration shall be
 22 33 filed with the department not later than ten days after such
 22 34 addition to the fleet pursuant to the provisions of chapter
 22 35 321.
 23  1    Sec. 42.  Section 326.12, Code 2001, is amended to read as
 23  2 follows:
 23  3    326.12  VEHICLES DELETED – REGISTRATION TRANSFERRED.
 23  4    Fleet owners who delete commercial vehicles displaying Iowa
 23  5 base plates from the fleet after the commencement of the
 23  6 registration year shall be allowed to transfer registration
 23  7 credit to a replacement vehicle in accordance with the
 23  8 provisions of this section.  Iowa shall allow credit for non-
 23  9 Iowa based deleted vehicles only if the state designated by
 23 10 the fleet owner as the base state of the deleted vehicle
 23 11 permits transfer of registration credit to the replacement
 23 12 vehicle.  The fleet owner shall notify the department not
 23 13 later than ten days after such deletion and replacement.
 23 14 Allowance of credit for deleted vehicles shall be subject to
 23 15 the following conditions:
 23 16    1.  No additional registration fee shall be assessed on a
 23 17 replacement vehicle upon which the registration fee would have
 23 18 been the same as that for the deleted vehicle.  The fee for
 23 19 reissuance or registration credentials or for transfer of
 23 20 credentials shall be seven dollars.
 23 21    2.  No deletion shall be made nor credit allowed toward
 23 22 registration of a replacement vehicle unless the vehicle to be
 23 23 removed from service has been sold, junked, repossessed,
 23 24 foreclosed by mechanic's lien, title transferred by operation
 23 25 of law, or cancellation or expiration of a lease arrangement.
 23 26 The deleted vehicle shall have been disposed of on or before
 23 27 the date the replacement vehicle was acquired or in the
 23 28 possession of the applicant.
 23 29    3.  If a leased vehicle is to be deleted from the fleet and
 23 30 unexpired registration fees applied to the replacement
 23 31 vehicle, the lessee shall certify to the department that
 23 32 refund any unexpired registration fees paid by the lessor to
 23 33 the lessee have been refunded to the lessor prior to the date
 23 34 of the supplemental application requesting credit for
 23 35 registration fees paid on the deleted vehicle on the
 24  1 transferred vehicle.
 24  2    4.  Credit shall be given for unexpired months.
 24  3    5.  The registration of the vehicle being added to the
 24  4 fleet is not delinquent under chapter 321.
 24  5    Sec. 43.  Section 326.14, Code 2001, is amended to read as
 24  6 follows:
 24  7    326.14  PLATES AND RECEIPTS – REGISTRATION PERIOD AND
 24  8 RENEWAL – PENALTY.
 24  9    1.  The department shall issue a single registration plates
 24 10 plate and receipts registration receipt for each vehicle
 24 11 pursuant to apportionment agreements or arrangements
 24 12 provisions authorized under this chapter.  The registration
 24 13 period for a vehicle registered pursuant to this chapter is
 24 14 from January 1 through December 31 of each year.
 24 15    2.  An application for renewal of registration shall be
 24 16 postmarked or received in the office of motor carrier services
 24 17 of the department no later than January 31.  A five percent
 24 18 late filing penalty shall be assessed to an application for
 24 19 renewal postmarked or received on or after February 1, with an
 24 20 additional five percent penalty assessed the first of each
 24 21 month thereafter until the application is filed.  The
 24 22 enforcement deadline for failure to display a registration
 24 23 plate and registration is March 15 at 12:01 a.m.
 24 24    Sec. 44.  Section 326.15, subsection 2, Code 2001, is
 24 25 amended to read as follows:
 24 26    2.  If the motor vehicle is removed from the apportioned
 24 27 fleet, the owner in whose name the motor vehicle was
 24 28 registered shall return the plates registration plate and
 24 29 registration receipt to the department and make a claim for
 24 30 refund.  A refund shall not be allowed without documentation
 24 31 of the subsequent registration of the motor vehicle.
 24 32    Sec. 45.  Section 326.15, subsection 4, Code 2001, is
 24 33 amended by striking the subsection.
 24 34    Sec. 46.  Section 326.15, subsection 5, Code 2001, is
 24 35 amended to read as follows:
 25  1    5. 4.  If as a result of an audit the motor vehicle
 25  2 registration fees are found to have been paid in error, a
 25  3 claim for refund shall be filed with satisfactory evidence of
 25  4 the error the applicant shall be entitled to a refund.
 25  5    Sec. 47.  Section 326.15, unnumbered paragraph 4, Code
 25  6 2001, is amended to read as follows:
 25  7    Refunds of proportional registration fees shall be paid on
 25  8 the basis of unexpired complete calendar months remaining from
 25  9 the date the claim is filed with for refund, the registration
 25 10 plate, and the registration receipt are postmarked or received
 25 11 by the department.  Refunds for trailers and semitrailers
 25 12 issued a multiyear registration plate shall be paid on the
 25 13 basis of unexpired complete registration years remaining from
 25 14 the date the claim is filed.
 25 15    Sec. 48.  Section 326.16, Code 2001, is amended to read as
 25 16 follows:
 25 17    326.16  DELINQUENT FEES.
 25 18    1.  If the fees for such proportional registration are not
 25 19 paid to each contracting jurisdiction entitled thereto on the
 25 20 basis of the proportional registration application and
 25 21 supporting documents filed with the department by the fleet
 25 22 owner within a reasonable amount of time as determined by the
 25 23 department, the department shall redetermine fees due this
 25 24 state calculate late payment penalties.  The fleet owner shall
 25 25 be notified by regular mail that fees and penalties are due
 25 26 and must be paid within thirty days of the invoice date.  If
 25 27 any additional fees due this state are not paid by and
 25 28 penalties are not received, the fleet owner within twenty days
 25 29 after the mailing to the owner of a notice shall be notified
 25 30 by certified mail of the additional fees due, such that the
 25 31 owner's registration in this state shall be canceled has been
 25 32 suspended.
 25 33    2.  A five percent late payment penalty shall be assessed
 25 34 if an invoice is not paid within thirty days of the invoice
 25 35 date or within thirty days of January 31 of the registration
 26  1 year, whichever is later, with an additional five percent
 26  2 penalty assessed the first of each month thereafter until all
 26  3 fees and penalties are paid.  In addition, the fees due for
 26  4 registration in this state shall be a debt due to the state of
 26  5 Iowa.
 26  6    Sec. 49.  Section 326.19, Code 2001, is amended to read as
 26  7 follows:
 26  8    326.19  RECORDS PRESERVED.
 26  9    Any owner complying with and granted proportional
 26 10 registration privileges shall preserve the records upon which
 26 11 applications are made for a period of four full years
 26 12 following the year for which the application was made.  A
 26 13 registrant whose application for apportioned registration has
 26 14 been accepted shall preserve the records upon which the
 26 15 registration is based for a period of three years after the
 26 16 close of the registration year.  Upon request of the
 26 17 department, all fleet owners shall make all such records
 26 18 available to the department at the office of the director for
 26 19 audit as to accuracy of computation and payment.  If the owner
 26 20 does not produce such records when so requested, the owner
 26 21 shall pay the costs of an audit by a duly appointed
 26 22 representative of the department at the home office of the
 26 23 owner.  An audit shall be conducted at the office of the
 26 24 registrant during normal business hours.  However, if
 26 25 circumstances dictate, the registrant may be required to
 26 26 present the records at the office of motor carrier services of
 26 27 the department.  If the registrant's operational records are
 26 28 not located in the base state and it is necessary for the base
 26 29 state to send auditors to the location where the records are
 26 30 normally kept, the base state may require the registrant to
 26 31 reimburse the per diem and travel expenses incurred by the
 26 32 auditors in performing the audit.  The department may enter
 26 33 into agreements with authorized agencies or other contracting
 26 34 states jurisdictions for joint audits of any such owner
 26 35 registrant.
 27  1    Sec. 50.  Section 326.22, Code Supplement 2001, is amended
 27  2 to read as follows:
 27  3    326.22  OPERATIONAL LAWS OF IOWA APPLICABLE.
 27  4    A nonresident registered vehicle is subject to all laws and
 27  5 rules governing the operation of such vehicle on the highways
 27  6 of this state.  The registration number plates, stickers, or
 27  7 other identification assigned and furnished to any vehicle for
 27  8 the current registration year by the state in which the
 27  9 vehicle is registered shall be displayed on the vehicle
 27 10 substantially as provided in chapter 321 for vehicles
 27 11 registered pursuant to the provisions of this chapter.  In
 27 12 addition, a fee set by the department to cover actual cost
 27 13 shall be charged for each plate, sticker, or other
 27 14 identification furnished for each vehicle registered in
 27 15 accordance with the provisions of this section or extended
 27 16 reciprocity in accordance with the provisions of this section.
 27 17 A charge shall not be made for the initial registration
 27 18 receipt or cab card issued for each vehicle registered
 27 19 pursuant to an apportionment registration agreement.  A fee
 27 20 set by the department to cover actual costs shall be charged
 27 21 for issuance of duplicate plates, stickers, or other required
 27 22 identification required, duplicate or registration receipts,
 27 23 and duplicate cab cards.
 27 24    Sec. 51.  Section 326.23, subsection 2, Code Supplement
 27 25 2001, is amended to read as follows:
 27 26    2.  The department may enter into agreements with owners
 27 27 and operators of truck stops to permit the owners and
 27 28 operators of truck stops to issue trip permits subject to any
 27 29 conditions imposed by the department.  In addition to the trip
 27 30 permit fee, the owner or operator of a truck stop may charge
 27 31 an issuance fee of not more than one dollar which shall be
 27 32 disclosed to the purchaser.  For the purposes of this section,
 27 33 "truck stop" means any place of business which sells fuel
 27 34 normally used by trucks and which is open twenty-four hours
 27 35 per day.
 28  1    Sec. 52.  Section 326.31, Code 2001, is amended to read as
 28  2 follows:
 28  3    326.31  FILING INCORRECT INFORMATION – EFFECT.
 28  4    Whenever If the director has reason to believe that a fleet
 28  5 owner has filed incorrect information with the department or
 28  6 the department of revenue and finance, for the purpose of
 28  7 reducing the fleet owner's obligation for registration fees or
 28  8 fuel taxes, the director may cancel revoke the apportioned
 28  9 registration privileges on all of the vehicles owned by such
 28 10 the person.  Any A person who has such privileges canceled
 28 11 revoked shall be subject to the payment of the full annual
 28 12 registration fee for all vehicles operated on the highways of
 28 13 this state required to register all of the vehicles owned by
 28 14 the person with the appropriate county treasurer for a period
 28 15 of at least no less than one year and no more than five years
 28 16 thereafter.  The director of revenue and finance shall co-
 28 17 operate with the department may use all reports pertaining to
 28 18 the registration fees and motor fuel taxes in ascertaining the
 28 19 accuracy of all reports filed pertaining to registration fees
 28 20 and motor fuel taxes.
 28 21    Any A person whose privileges are canceled revoked may
 28 22 request an administrative hearing of said action before the
 28 23 department of inspections and appeals in accordance with
 28 24 chapter 17A, and during the period pending the hearing the
 28 25 apportioned registration privileges shall be reinstated if the
 28 26 fleet owner posts security with the department of
 28 27 transportation in an amount sufficient to pay such the full
 28 28 annual fees if an adverse decision is rendered at the hearing.
 28 29 At such hearing the fleet owner shall have the burden of proof
 28 30 as to the accuracy of any report filed by the fleet owner with
 28 31 the department of transportation or the department of revenue
 28 32 and finance.  Judicial review of any decision reached at the
 28 33 administrative hearing may be sought in accordance with the
 28 34 terms of the Iowa administrative procedure Act.
 28 35    Sec. 53.  Section 805.8A, Code Supplement 2001, is amended
 29  1 by adding the following new subsection:
 29  2    NEW SUBSECTION.  9A.  ELECTRIC PERSONAL ASSISTIVE MOBILITY
 29  3 DEVICE VIOLATIONS.  For violations under section 321.235A, the
 29  4 scheduled fine is fifteen dollars.
 29  5    Sec. 54.  Sections 326.10 and 326.45, Code 2001, are
 29  6 repealed.
 29  7    Sec. 55.  EFFECTIVE DATE.  The following provisions of this
 29  8 division of this Act, being deemed of immediate importance,
 29  9 take effect upon enactment:
 29 10    1.  The provisions amending sections 321.182, 321.190, and
 29 11 321.196, relating solely to the issuance of a driver's license
 29 12 or nonoperator's identification card to foreign nationals.
 29 13    2.  The provision amending section 321.463, relating to the
 29 14 maximum gross weight allowed to be carried on a noninterstate
 29 15 highway by certain livestock vehicles.
 29 16    3.  The provision amending section 321E.8, relating to
 29 17 annual permits.  
 29 18 
 29 19 
 29 20                                                             
 29 21                               MARY E. KRAMER
 29 22                               President of the Senate
 29 23 
 29 24 
 29 25                                                             
 29 26                               BRENT SIEGRIST
 29 27                               Speaker of the House
 29 28 
 29 29    I hereby certify that this bill originated in the Senate and
 29 30 is known as Senate File 2192, Seventy-ninth General Assembly.
 29 31 
 29 32 
 29 33                                                             
 29 34                               MICHAEL E. MARSHALL
 29 35                               Secretary of the Senate
 30  1 Approved                , 2002
 30  2 
 30  3 
 30  4                                
 30  5 THOMAS J. VILSACK
 30  6 Governor
     

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