Text: SSB01127                          Text: SSB01129
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 1128

Bill Text

PAG LIN
  1  1    Section 1.  Section 312.2, subsections 15 and 18, Code
  1  2 2001, are amended to read as follows:
  1  3    15.  The treasurer of state, before making the allotments
  1  4 provided for in this section, shall credit monthly from the
  1  5 road use tax fund to the state department of transportation
  1  6 for county, city, and state traffic safety improvement
  1  7 projects an amount equal to one-half of one percent of moneys
  1  8 credited to the road use tax fund.
  1  9    18.  The treasurer of state, before making the allotments
  1 10 provided for in this section, shall credit annually from the
  1 11 road use tax fund to the state department of transportation
  1 12 the sum of six hundred fifty thousand one million dollars for
  1 13 the purpose of providing county treasurers with data
  1 14 processing automation and telecommunications equipment and
  1 15 support for vehicle registration and titling and driver
  1 16 licensing.  Notwithstanding section 8.33, unobligated funds
  1 17 credited under this subsection remaining on June 30 of the
  1 18 fiscal year shall not revert but shall remain available for
  1 19 expenditure for purposes of this subsection in subsequent
  1 20 fiscal years.
  1 21    Sec. 2.  Section 321.52, subsection 4, paragraph c, Code
  1 22 2001, is amended to read as follows:
  1 23    c.  A salvage theft examination shall be made by a peace
  1 24 officer who has been specially certified and recertified when
  1 25 required by the Iowa law enforcement academy to do salvage
  1 26 theft examinations.  The Iowa law enforcement academy shall
  1 27 determine standards for training and certification, conduct
  1 28 training, and may approve alternative training programs which
  1 29 that satisfy the academy's standards for training and
  1 30 certification.  The owner of the salvage vehicle shall make
  1 31 the vehicle available for examination at a time and location
  1 32 designated by the peace officer doing the examination.  The
  1 33 owner may obtain a permit to drive the vehicle to and from the
  1 34 examination location by submitting a repair affidavit to the
  1 35 agency performing the examination stating that the vehicle is
  2  1 reasonably safe for operation and listing the repairs which
  2  2 have been made to the vehicle.  The owner must be present for
  2  3 the examination and have available for inspection the salvage
  2  4 title, bills of sale for all essential parts changed, and the
  2  5 repair affidavit.  The examination shall be for the purposes
  2  6 of determining whether the vehicle or repair components have
  2  7 been stolen.  The examination is not a safety inspection and a
  2  8 signed salvage theft examination certificate shall not be
  2  9 construed by any court of law to be a certification that the
  2 10 vehicle is safe to be operated.  There shall be no cause of
  2 11 action against the peace officer or the agency conducting the
  2 12 examination or the county treasurer for failure to discover or
  2 13 note safety defects.  If the vehicle passes the theft
  2 14 examination, the peace officer shall indicate that the vehicle
  2 15 passed examination on the salvage theft examination
  2 16 certificate.  The permit and salvage theft examination
  2 17 certificate shall be on controlled forms prescribed and
  2 18 furnished by the department.  The owner shall pay a fee of
  2 19 thirty seventy-five dollars upon completion of the
  2 20 examination.  The agency performing the examinations shall
  2 21 retain twenty sixty-five dollars of the fee and shall pay five
  2 22 dollars of the fee to the department and five dollars of the
  2 23 fee to the treasurer of state for deposit in the general fund
  2 24 of the state.  Moneys deposited to the general fund under this
  2 25 paragraph are subject to the requirements of section 8.60 and
  2 26 shall be used by the Iowa law enforcement academy to provide
  2 27 for the special training, certification, and recertification
  2 28 of officers as required by this subsection.
  2 29    The state department of transportation shall adopt rules in
  2 30 accordance with chapter 17A to carry out this section.
  2 31    Sec. 3.  Section 321.113, Code 2001, is amended to read as
  2 32 follows:
  2 33    321.113  AUTOMATIC REDUCTION.
  2 34    1.  The registration fee for a motor vehicle shall not be
  2 35 automatically reduced under this section unless the
  3  1 registration fee is based on the value and weight of the motor
  3  2 vehicle as provided in section 321.109, subsection 1.
  3  3    2.  After If a motor vehicle is more than five model years
  3  4 old, that the part of the registration fee which that is based
  3  5 on the value of the vehicle shall be:
  3  6    Seventy-five seventy-five percent of the rate as fixed when
  3  7 the motor vehicle was new;.
  3  8    3.  After If a motor vehicle is more than six model years
  3  9 old, the part of the registration fee that is based on the
  3 10 value of the vehicle shall be fifty percent; of the rate as
  3 11 fixed when the motor vehicle was new.
  3 12    After a motor vehicle is more than eight model years old,
  3 13 that part of the registration fee based on the value of the
  3 14 vehicle shall be ten percent.  Where the ninth registration
  3 15 fee for a motor vehicle has been computed and fixed by the
  3 16 department prior to July 4, 1949, there shall be added to the
  3 17 registration fee, in lieu of the ten percent provided for
  3 18 herein, one dollar if such registration fee has been computed
  3 19 and fixed at fifteen dollars or less and two dollars if the
  3 20 registration fee has been computed and fixed at more than
  3 21 fifteen dollars.
  3 22    4.  If a 1994 model year or newer motor vehicle is nine
  3 23 model years old or older the registration fee is thirty-five
  3 24 dollars.  For purposes of determining the portion of the
  3 25 registration fee under this subsection that is based upon the
  3 26 value of the motor vehicle, sixty percent of the registration
  3 27 fee is attributable to the value of the vehicle.
  3 28    5.  a.  If a 1993 model year or older motor vehicle has
  3 29 been titled in the same person's name since the vehicle was
  3 30 new or the title to the vehicle was transferred prior to
  3 31 January 1, 2002, the part of the registration fee that is
  3 32 based on the value of the vehicle shall be ten percent of the
  3 33 rate as fixed when the motor vehicle was new.
  3 34    b.  If the title of a 1993 or older motor vehicle is
  3 35 transferred to a new owner or if such a motor vehicle is
  4  1 brought into the state on or after January 1, 2002, the
  4  2 registration fee shall not be based on the weight and list
  4  3 price of the motor vehicle, but shall be as follows:  
  4  4    (1)  For a motor vehicle that is model year 1969
  4  5 or older:
  4  6 .................................................. $      16.00
  4  7    (2)  For a motor vehicle that is model year 1970
  4  8 through 1989:
  4  9 .................................................. $      23.00
  4 10    (3)  For a motor vehicle that is model year 1990
  4 11 through 1993:
  4 12 .................................................. $      27.00
  4 13    For purposes of determining the portion of the registration
  4 14 fee under this paragraph "b" that is based upon the value of
  4 15 the motor vehicle, sixty percent of the registration fee is
  4 16 attributable to the value of the value.
  4 17    Sec. 4.  Section 422.9, subsection 2, paragraph g, Code
  4 18 2001, is amended by striking the paragraph and inserting in
  4 19 lieu thereof:
  4 20    g.  To the extent not otherwise included pursuant to
  4 21 section 164 of the Internal Revenue Code, add the amount of
  4 22 the annual registration fee paid for a motor vehicle pursuant
  4 23 to section 321.113, subsection 4, or section 321.113,
  4 24 subsection 5, paragraph "b", which is based upon the value of
  4 25 the vehicle.  For purposes of this paragraph, sixty percent of
  4 26 the amount of the registration fee is based upon the value of
  4 27 the motor vehicle.
  4 28    Sec. 5.  Section 805.8, subsection 2, paragraphs m, q, r,
  4 29 and t, Code 2001, are amended to read as follows:
  4 30    m.  For height, weight, length, width, and load violations
  4 31 and towed vehicle violations under sections 321.309, 321.310,
  4 32 321.381, 321.394, 321.437, 321.454, 321.455, 321.456, 321.457,
  4 33 321.458, 321.461, and 321.462, the scheduled fine is twenty-
  4 34 five dollars.  For height, length, width, and load violations
  4 35 under sections 321.454, 321.455, 321.456, 321.457, and
  5  1 321.458, the scheduled fine is one hundred dollars.  For
  5  2 weight violations under sections 321.459 and 321.466, the
  5  3 scheduled fine is twenty dollars for each two thousand pounds
  5  4 or fraction thereof of overweight.  For abandoned vehicles
  5  5 under section 321.91, the scheduled fine is one hundred
  5  6 dollars.
  5  7    q.  For failure to have proper carrier identification
  5  8 markings under section 327B.1, the scheduled fine is fifteen
  5  9 fifty dollars.
  5 10    r.  For failure to have proper evidence of interstate
  5 11 authority carried or displayed under section 327B.1 and for
  5 12 failure to register, carry, or display evidence that
  5 13 interstate authority is not required under section 327B.1, the
  5 14 scheduled fine is one hundred two hundred fifty dollars.
  5 15    t.  For violation of section 321.364 or rules adopted under
  5 16 section 321.450, the scheduled fine is fifty one hundred
  5 17 dollars.
  5 18    Sec. 6.  EFFECTIVE DATE.  Sections 3 and 4 of this bill,
  5 19 amending sections 321.113 and 422.9, take effect January 1,
  5 20 2002.  
  5 21                           EXPLANATION 
  5 22    This bill makes several Code changes in transportation-
  5 23 related appropriations, penalties, fines, and fees.  The bill
  5 24 amends Code section 312.2 by modifying the off-the-top
  5 25 allocations from the road use tax fund to the state department
  5 26 of transportation for traffic safety improvement projects and
  5 27 for county treasurers' vehicle registration and titling
  5 28 equipment and support.  The bill increases the monthly
  5 29 allocation for county, city, and state traffic safety
  5 30 improvement projects from .5 to 1 percent of moneys credited
  5 31 to the road use tax fund.  The bill allows the annual
  5 32 allocation for county treasurers' equipment and support to be
  5 33 used for automation and telecommunications equipment and
  5 34 support for vehicle registration and titling and driver
  5 35 licensing rather than only for data processing equipment and
  6  1 support for vehicle registration and titling.  The bill also
  6  2 increases this allocation from $650,000 annually to $1 million
  6  3 annually.
  6  4    The bill amends Code section 321.52 by increasing the fee
  6  5 an owner of a salvage vehicle must pay for a salvage theft
  6  6 examination conducted by a specially certified peace officer
  6  7 from $30 to $75.  The agency performing the examination is to
  6  8 keep $65 of the fee rather than $20.  The Code provides that
  6  9 the owner of a salvage vehicle must present a properly
  6 10 executed salvage theft examination certificate showing that
  6 11 none of the vehicle or repair components have been stolen in
  6 12 order to receive a regular certificate of title.
  6 13    The bill amends Code section 321.113, relating to the
  6 14 automatic reduction of motor vehicle registration fees for
  6 15 motor vehicles that are nine model years old or older.
  6 16 Currently, after a motor vehicle is more than eight model
  6 17 years old, the part of the registration fee based on the value
  6 18 of the vehicle is 10 percent.  The bill changes the fees for
  6 19 vehicles that are nine model years old or older to flat fees,
  6 20 based on the model year of the vehicle.  However, to ensure
  6 21 that persons owning vehicles that are more than nine model
  6 22 years old or older and are registered in this state on the
  6 23 effective date of the amendment are not subject to a fee
  6 24 increase, the bill makes the flat fee schedule inapplicable to
  6 25 such vehicles until they are transferred to a new owner.  The
  6 26 bill also adds provisions to Code sections 321.113 and 422.9
  6 27 relating to the deductibility of motor vehicle registration
  6 28 fees for state and federal income tax purposes.  The bill
  6 29 provides that the portion of the applicable flat motor vehicle
  6 30 registration fee that is attributable to the value of the
  6 31 vehicle for deductibility purposes shall be 60 percent of the
  6 32 flat fee.  The amendments to Code sections 321.113 and 422.9
  6 33 take effect January 1, 2002.
  6 34    The bill amends Code section 805.8 to increase the fines
  6 35 for certain vehicle violations.  The bill increases the fines
  7  1 for general height, length, and width violations under Code
  7  2 sections 321.454 through 321.457, and for projecting load
  7  3 violations under Code section 321.458 from $25 to $100.  The
  7  4 bill increases the fine for the failure of a motor carrier to
  7  5 have the proper identification markings under Code section
  7  6 327B.1 from $15 to $50.  The bill increases the fine for the
  7  7 failure of a motor carrier to have proper evidence of
  7  8 interstate authority carried or displayed under Code section
  7  9 327B.1 and for the failure of a motor carrier to register,
  7 10 carry, or display evidence that interstate authority is not
  7 11 required under that Code section from $100 to $250.  The bill
  7 12 also increases the fines for certain hazardous materials
  7 13 transportation violations from $50 to $100.  
  7 14 LSB 2442SC 79
  7 15 nh/pj/5
     

Text: SSB01127                          Text: SSB01129
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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