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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 22orrepair, 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 13At the time of appeal, the appellant shall give written notice2 14that the appeal has been taken to the adverse party, or the2 15adverse party's agent or attorney, lienholders, and the2 16sheriff.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 4twentythirty 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 thecoupon issue yield3 20equivalent, as determined by the United States secretary of3 21the treasury, of the average accepted auction price for the3 22last auction of fifty-two-week United States treasury bills3 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 a6 4study of the road and bridge facilities in state parks, state6 5institutions, state fairgrounds, and on community college6 6property. The study shall evaluate the construction and6 7maintenance needs and projected needs based upon estimated6 8growth for each type of facility to provide a quadrennially6 9updated standard upon which to allocate funds appropriated for6 10the 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 section307A.2, subsection 14A6 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 section307A.2, subsection7 3514A307.22, 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.WheneverIf itmay becomeis necessary in gradingthe8 5highwaysa highway to make a cutwhichthat will disturb, or 8 6 fillwhichthat will cover up, a government or other 8 7 established corner or land monument,it shall be the duty of8 8 the engineertoin charge of the project shall establish 8 9 permanent witness corners or monuments, and make a record of 8 10 the same,which shallthat show the distance and direction the 8 11 witness corner is from the corner disturbed or covered up. 8 12 Whensaidthe construction work is completed the engineer 8 13 shall permanentlyre-establish saidreestablish the corner or 8 14 monument.A failure to perform said duties shall subject the8 15engineer to a fine of not less than ten dollars nor more than8 16fifty 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 oftwenty-fivethirty 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. Amanufactured home retailerdealer 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 33manufactured home retailerdealer, the service customer of the 9 34manufactured home retailerdealer may operate upon the 9 35 highways a motor vehicle owned by themanufactured home10 1retailerdealer, except a motor truck or truck tractor, upon 10 2 which there is displayed a special plate issued to the 10 3manufactured home retailerdealer, 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 ormanufactured10 8home retailerdealer. 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 Allmanufactured home retailersdealers, 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, ormanufactured10 25home retailerdealer, 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. Refundsand creditsfor motor vehicles registered for 11 8 proportional registration under chapter 326 shall be paidor11 9creditedon the basis of unexpired complete calendar months 11 10 remaining in the registration year from the date the claimor11 11application is filed withfor 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 23fourfive 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.NoAn 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 years13 7 iseightfour dollars per year of license validity. 13 8 3. LICENSES FOR CHAUFFEURS. The fee for a noncommercial 13 9 class D driver's licensevalid for two yearsissixteeneight 13 10 dollars per year of license validity. 13 11 4. COMMERCIAL DRIVER'S LICENSES.An additionalThe feeof13 12eight dollars is required to issuefor a commercial driver's 13 13 license, other than an instruction permit,valid for two years13 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 thelength of the13 28timeperiod of the licenseregardless of whether the license13 29is issued for two or four years. Upon renewal of a commercial 13 30 driver's licensethere isno 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 four14 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 32Applicants whose licenses are restricted due to vision or14 33other physical deficiencies may be required to renew their14 34licenses 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.AnyA 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 renewalforof 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 shallalso, 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 overall18 12width not to exceed twelve feet five inchesor mobile homes 18 13 including appurtenances, having an overall width not to exceed 18 14twelvesixteen feetfivezero inches,andan overall length 18 15 not to exceedseventy-fiveone 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 movedfor unlimited distances. The vehicle and18 19load shall not exceed the height of thirteen feet ten inches18 20and 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 overall19 11width not to exceed thirteen feet five inchesor 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 hundredthirty-sixfifty-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. 19 313. Vehicles with indivisible loads, including mobile homes19 32and factory-built structures, having an overall width not to19 33exceed sixteen feet zero inches and an overall length not to19 34exceed one hundred twenty feet zero inches may be moved under19 35an annual or all-systems permit and must have a route20 1specified by the issuing authority prior to the movement.20 2However, vehicles with indivisible loads, including mobile20 3homes and factory-built structures, with an overall width not20 4exceeding fourteen feet six inches may exceed fifty miles20 5under an annual and all-systems permit when prior approval for20 6trip routing is obtained from the issuing authority. A20 7vehicle and load being moved according to this paragraph shall20 8not exceed fifteen feet five inches in height and shall not20 9exceed the total gross weight as prescribed in section20 10321.463.20 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 1or 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 25anyan agreement or franchise, subject to the provisions of 21 26subsection 2 ofsection 322A.11, subsection 2, in the event of 21 27 the sale or transfer of ownership ofthea 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 ofthea franchisee's dealership, the franchiser 21 31 shall give effect tosuch athe 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 34saidthat 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 12the department shall not issue plates, stickers or other22 13identification of vehicles subject to proportional22 14registration until sufficient time has elapsed to ensure that22 15payment of the check has cleared the bank upon which it is22 16drawn.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 321but in no22 31case less than that required by section 326.10.A22 32supplemental reportAn application for registration shall be 22 33 filed with the departmentnot later than ten days after such22 34addition to the fleetpursuant 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 withthe23 8provisions ofthis 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 not23 13later 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 a23 17replacement vehicle upon which the registration fee would have23 18been 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 shallcertify to the department that23 32 refund any unexpired registration fees paid by the lessor to 23 33 the lesseehave been refunded to the lessor prior to the date23 34of the supplemental application requesting credit for23 35registration fees paid on the deleted vehicleon 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 registrationplates24 10 plate andreceiptsregistration receipt for each vehicle 24 11 pursuant to apportionment agreements orarrangements24 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 theplatesregistration 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 15.4. If as a result of an audit the motor vehicle 25 2 registration fees are found to have been paid in error,a25 3claim for refund shall be filed with satisfactory evidence of25 4the errorthe 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 claimis filed withfor 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 forsuchproportional 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 shallredetermine fees due this25 24statecalculate 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 27any additionalfeesdue this state are not paid byand 25 28 penalties are not received, the fleet ownerwithin twenty days25 29after the mailing to the owner of a noticeshall be notified 25 30 by certified mailof the additional fees due, suchthat the 25 31 owner's registrationin this state shall be canceledhas 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 9Any owner complying with and granted proportional26 10registration privileges shall preserve the records upon which26 11applications are made for a period of four full years26 12following 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 departmentat the office of the directorfor 26 19 audit as to accuracy of computation and payment.If the owner26 20does not produce such records when so requested, the owner26 21shall pay the costs of an audit by a duly appointed26 22representative of the department at the home office of the26 23owner.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 34statesjurisdictions for joint audits of anysuch owner26 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 registrationnumberplates, 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 receiptor cab cardissued 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,orother required 27 22 identificationrequired,duplicateor registration receipts,27 23and 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 feeof not more than one dollarwhich 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 4WheneverIf the director has reason to believe that a fleet 28 5 owner has filed incorrect information with the departmentor28 6the 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 maycancelrevoke the apportioned 28 9 registration privileges on all of the vehicles owned bysuch28 10 the person.AnyA person who has such privilegescanceled28 11 revoked shall besubject to the payment of the full annual28 12registration fee for all vehicles operated on the highways of28 13this staterequired to register all of the vehicles owned by 28 14 the person with the appropriate county treasurer for a period 28 15 ofat leastno less than one year and no more than five years 28 16 thereafter. Thedirector of revenue and finance shall co-28 17operate with thedepartment may use all reports pertaining to 28 18 the registration fees and motor fuel taxes in ascertaining the 28 19 accuracy ofallreports filed pertaining to registration fees 28 20 and motor fuel taxes. 28 21AnyA person whose privileges arecanceledrevoked may 28 22 request an administrative hearing of said actionbefore the28 23department of inspections and appealsin 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 departmentof28 27transportationin an amount sufficient to paysuchthe 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 departmentof transportation or the department of revenue28 32and 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
Text: SF02191 Text: SF02193 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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