34:F0718CE5-96D6-4D42-9A5B-24373C2CA0A222326REGISTRATION RECIPROCITY326.1Policy.It is the policy of this state to promote and encourage the fullest possible use of the state’s highway system by authorizing the negotiation and execution of motor vehicle reciprocity agreements. Apportioned registration shall be conducted in accordance with the international registration plan with respect to vehicles registered in this and other jurisdictions, thus contributing to the economic and social development and growth of this state.[C71, 73, 75, 77, 79, 81, §326.1]2012 Acts, ch 1093, §16326.2Definitions.As used in this chapter, unless the context otherwise requires:1“Commercial vehicle” means any vehicle which is operated in interstate commerce or combined intrastate and interstate commerce and used for the transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property.2“Department” means the department of transportation.3“Director” means the director of transportation or the director’s designee.4“International registration plan” or “plan” means the registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for payment of apportionable fees on the basis of total distance operated in all jurisdictions, in effect on January 1, 2011, or as later amended, published by international registration plan, inc., and available on the plan’s internet site.5“Registration fee” means the annual motor vehicle registration fee imposed pursuant to section 321.105, unless otherwise specified.6“Trip” for purposes of section 326.23 means:aA one-way movement from one point originating outside this state and destined for another point outside this state.bA round-trip movement between two points within this state.cA round-trip movement originating in this state or destined for a point within this state.7The terms “combination” or “combination of vehicles”, “gross weight”, “highway”, “motor vehicle”, “nonresident”, “owner”, “person”, “semitrailer”, “trailer”, “truck tractor”, and “vehicle” mean as defined in section 321.1.[C71, 73, 75, 77, 79, 81, §326.2]2006 Acts, ch 1068, §40; 2008 Acts, ch 1113, §109; 2012 Acts, ch 1093, §17; 2013 Acts, ch 30, §71326.3Additional definitions.As used in this chapter, unless the context otherwise requires, the following terms have the following meaning, as provided in the international registration plan, or the meaning ascribed in the international registration plan as it may exist at the time of its applicability to the provisions of this chapter:1“Applicant” means a person in whose name an application is filed for registration under the plan.2“Apportionable fee” means any periodic recurring fee or tax required for registering vehicles, such as registration, license, or weight fees.3a“Apportionable vehicle” means any power unit that is used or intended for use in two or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property if one of the following applies:1The power unit has two axles and a gross vehicle weight or registered gross vehicle weight in excess of twenty-six thousand pounds.2The power unit has three or more axles, regardless of weight.3The power unit is used in combination, when the gross vehicle weight of such combination exceeds twenty-six thousand pounds.bA recreational vehicle, a vehicle displaying restricted plates, a bus used in the transportation of chartered parties, or a government-owned vehicle is not an apportionable vehicle; except that a truck or truck tractor, or the power unit in a combination of vehicles having a gross vehicle weight of twenty-six thousand pounds or less, or a bus used in the transportation of chartered parties may be registered under the plan at the option of the registrant.4“Apportioned vehicle” means an apportionable vehicle that has been registered under the plan.5“Audit” means the physical examination of a registrant’s operational records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and the accuracy of the registrant’s record-keeping system for its fleet. Such an examination may be of multiple fleets for multiple years.6“Audit procedures manual” or “APM” means the audit procedures manual required to be maintained in the plan.7“Auxiliary axle” means an auxiliary undercarriage assembly with a fifth wheel and tow bar used to convert a semitrailer to a trailer.8“Axle” means an assembly of a vehicle consisting of two or more wheels whose centers are in one horizontal plane, by means of which a portion of the weight of a vehicle and its load, if any, is continually transmitted to the roadway. For purposes of registration under the plan, an “axle” is any such assembly whether or not it is load-bearing only part of the time.9“Base jurisdiction” means the member jurisdiction, selected in accordance with the plan, to which an applicant applies for apportioned registration under the plan or the member jurisdiction that issues apportioned registration to a registrant under the plan.10“Cab card” means an evidence of registration, other than a plate, issued for an apportioned vehicle registered under the plan by the base jurisdiction and carried in or on the identified vehicle.11“Chartered party” means a group of persons who, pursuant to a common purpose and under a single contract, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the group after leaving the place of origin. “Chartered party” includes services rendered to a number of passengers that a passenger carrier or its agent has assembled into a travel group through sales of a ticket to each individual passenger covering a round trip from one or more points of origin to a single advertised destination.12“Credentials” means the cab card and plate issued in accordance with the plan.13“Fleet” means one or more apportionable vehicles designated by a registrant for distance reporting under the plan.14“Jurisdiction” means a country or a state, province, territory, possession, or federal district of a country.15“Lease” means a transaction evidenced by a written document in which a lessor vests exclusive possession, control, and responsibility for the operation of a vehicle in a lessee for a specific term. A long-term lease is for a period of thirty calendar days or more. A short-term lease is for a period of less than thirty calendar days.16“Lessee” means a person that is authorized to have exclusive possession and control of a vehicle owned by another person under terms of a lease agreement.17“Lessor” means a person that, under the terms of a lease agreement, authorizes another person to have exclusive possession of, control of, and responsibility for the operation of a vehicle.18“Member jurisdiction” means a jurisdiction that has applied and has been approved for membership in the plan in accordance with the plan.19“Operational records” means source documents that evidence distance traveled by a fleet in each member jurisdiction, such as fuel reports, trip sheets, and driver logs, including those which may be generated through on-board devices and maintained electronically, as required by the audit procedures manual.20“Plate” means the license plate, including renewal decals, if any, issued for a vehicle registered under the plan by the base jurisdiction.21“Power unit” means a motor vehicle as distinguished from a trailer, semitrailer, or auxiliary axle, but not including an automobile or a motorcycle.22“Properly registered vehicle” means a vehicle which has been registered in full compliance with the laws of all jurisdictions in which it is intended to operate.23“Reciprocity” means the reciprocal grant by one jurisdiction of operating rights or privileges in properly registered vehicles registered by another jurisdiction, especially but not exclusively including privileges generally conferred by vehicle registration.24“Reciprocity agreement” means an agreement, arrangement, or understanding between two or more jurisdictions under which each of the participating jurisdictions grants reciprocal rights or privileges to properly registered vehicles that are registered under the laws of other participating jurisdictions.25“Recreational vehicle” means a vehicle used for personal pleasure or personal travel and not in connection with any commercial endeavor.26“Registrant” means a person in whose name a properly registered vehicle is registered.27“Registration year” means the twelve-month period during which, under the laws of the base jurisdiction, the registration issued to a registrant by the base jurisdiction is valid.28“Reporting period” means the period of twelve consecutive months immediately prior to July 1 of the calendar year immediately preceding the beginning of the registration year for which apportioned registration is sought. However, if the registration year begins on any date in July, August, or September, the reporting period shall be the previous such twelve-month period.29“Restricted plate” means a plate that has a time, geographic area, distance, or commodity restriction or a mass transit or other special plate issued for a bus leased or owned by a municipal government, a state or provincial transportation authority, or a private party, and operated as part of an urban mass transit system, as defined by the jurisdiction that issues the plate.30“Total distance” means all distance, including that accrued on trip permits, operated by a fleet of apportioned vehicles in all member jurisdictions during the reporting period.31“Trip permit” means a permit issued by a member jurisdiction in lieu of apportioned or full registration.32“Truck” means a power unit designed, used, or maintained primarily for the transportation of property.2012 Acts, ch 1093, §18; 2012 Acts, ch 1138, §67326.4Reserved.326.5Reciprocity agreements.The director may enter into reciprocity agreements with the authorized representatives of any jurisdiction, exempting nonresidents of this state using the highways of this state from the registration requirements of chapter 321 and payment of fees to this state, with conditions, restrictions, and privileges the director deems advisable.[S13, §1571-m16; C24, 27, 31, 35, §4866; C39, §5003.04; C46, 50, 54, 58, §321.56; C62, 66, §326.2; C71, 73, 75, 77, 79, 81, §326.5]86 Acts, ch 1245, §1948326.6Apportionable registration fees.The department may determine the sum total amount of registration fees necessary to register each and every vehicle in a fleet based on the annual registration fees prescribed in chapter 321.[C71, 73, 75, 77, 79, 81, §326.6]90 Acts, ch 1230, §89; 2012 Acts, ch 1093, §19326.7Agreements on basis of compact miles.Repealed by 2012 Acts, ch 1093, §39.326.8Estimating mileage.Repealed by 2012 Acts, ch 1093, §39.326.9Individual vehicles not to be proportionally registered.Repealed by 2012 Acts, ch 1093, §39.326.10Repealed by 2002 Acts, ch 1063, §54. 326.10APayment.The department shall accept payment of fees under this chapter by personal or corporate check, cash, wire transfer, or other means allowed by the department. A fee shall be deemed to have been paid upon receipt of the payment in full. If the payment is not honored, all fees and penalties shall accumulate as if the fee were not paid. After appropriate warning from the department, the registration account shall be suspended, collection pursued, and the delinquent registration fees shall become a debt due the state of Iowa. After a dishonored payment has been received from an applicant, payments submitted by the applicant during the following year must be made with guaranteed funds. However, the department may instead accept payment in the form of a corporate check made on behalf of the applicant from an approved company with a satisfactory payment history.85 Acts, ch 61, §1; 2002 Acts, ch 1063, §40; 2007 Acts, ch 143, §24; 2012 Acts, ch 1093, §20326.11Subsequently acquired vehicles.Vehicles acquired by a registrant after the commencement of the registration year and subsequently added to the fleet shall be apportioned pursuant to the provisions of chapter 321 and the international registration plan.[C71, 73, 75, 77, 79, 81, §326.11; 81 Acts, ch 115, §1]89 Acts, ch 317, §38; 2002 Acts, ch 1063, §41; 2005 Acts, ch 8, §41; 2012 Acts, ch 1093, §21326.12Vehicles deleted registration transferred.Registrants who delete commercial vehicles displaying Iowa base plates from the fleet after the commencement of the registration year shall be allowed to transfer registration credit to a replacement vehicle in accordance with this section. Iowa shall allow credit for non-Iowa based deleted vehicles only if the jurisdiction designated by the registrant as the base jurisdiction of the deleted vehicle permits transfer of registration credit to the replacement vehicle. Allowance of credit for deleted vehicles shall be subject to the following conditions:1The fee for issuance of registration credentials for a replacement vehicle shall be seven dollars.2If a leased vehicle is to be deleted from the fleet and unexpired registration fees applied to the replacement vehicle, the lessee shall refund any unexpired registration fees paid by the lessor to the lessee on the transferred vehicle.3Credit shall be given for unexpired months.4The registration of the vehicle being added to the fleet is not delinquent under chapter 321.[C71, 73, 75, 77, 79, 81, §326.12]2002 Acts, ch 1063, §42; 2012 Acts, ch 1093, §22326.13Information under oath.The department shall require registrants to submit under oath any information deemed necessary by the department to carry out the provisions of this chapter. [S13, §1517-m16; C24, 27, 31, 35, §4866; C39, §5003.04; C46, 50, 54, 58, §321.56; C62, 66, §326.3; C71, 73, 75, 77, 79, 81, §326.13]2012 Acts, ch 1093, §23326.14Credentials registration year and renewal penalty.1The department shall issue a single registration plate and registration receipt for each vehicle pursuant to apportionment agreements or provisions authorized under this chapter. 2aEach registration year for a vehicle registered pursuant to this chapter is a twelve-month period commencing on the first day of a calendar month and ending on the last day of the twelfth month in that twelve-month period. Vehicles subject to registration shall be registered for a registration year as determined by the department. The department may adjust the renewal or expiration date of a vehicle’s registration when deemed necessary to equalize the number of vehicles registered in each twelve-month period or for the administrative efficiency of the department.bThe department may establish a procedure for the implementation of a staggered registration system for vehicles registered pursuant to the international registration plan. Procedures established under this section may provide for a one-time collection of fewer than twelve or up to eighteen months of registration fees.3An application for renewal of registration shall be postmarked or received in the office of motor carrier services of the department no later than the last day of the registration expiration month. A late filing penalty equal to five percent of the fees due to the state of Iowa shall be assessed to an application for renewal postmarked or received on or after the first day following the last day of the registration expiration month, with an additional five percent penalty assessed the first of each month thereafter until the application is filed. The enforcement deadline for failure to display a registration plate and registration is 12:01 a.m. of the first day following the last day of the registration expiration month.[C71, 73, 75, 77, 79, 81, §326.14]2002 Acts, ch 1063, §43; 2012 Acts, ch 1093, §24; 2015 Acts, ch 123, §40, 42326.15Refunds of registration fees.1Refunds of registration fees paid for motor vehicles under this chapter shall be in accordance with section 321.126. In addition, if a motor vehicle is removed from an apportioned fleet, the registrant shall return the registration plate to the department and make a claim for refund. A refund shall not be allowed without documentation of the subsequent registration of the motor vehicle.2A qualified registrant may certify to the department that the registration plate has been destroyed in lieu of surrendering the plate. The department shall adopt rules to define a qualified registrant.[C71, 73, 75, 77, 79, 81, §326.15]83 Acts, ch 161, §1; 2002 Acts, ch 1063, §44 – 47; 2004 Acts, ch 1013, §32, 35; 2012 Acts, ch 1093, §25326.16Delinquent fees.1If the fees for apportioned registration are not paid to each member jurisdiction entitled thereto on the basis of the apportioned registration application and supporting documents filed with the department by the registrant within a reasonable amount of time as determined by the department, the department shall calculate late payment penalties. The registrant shall be notified by regular mail that fees and penalties are due and must be paid within thirty days of the invoice date. If fees and penalties are not received, the registrant shall be notified by regular mail that the registration has been suspended.2A late payment penalty equal to five percent of the fees due to the state of Iowa shall be assessed if an invoice is not paid within thirty days of the invoice date, with an additional five percent penalty assessed the first of each month thereafter until all fees and penalties are paid. In addition, the fees due for registration in this state shall be a debt due to the state of Iowa.3Failure to receive a renewal notice or an invoice by mail, facsimile transmission, or any other means of delivery does not relieve the registrant of the financial responsibility for the renewal fees, invoiced amount, or accrued penalties. Late penalties calculated by the department in accordance with this chapter shall remain due to the state of Iowa until the fees and penalties are received.[S13, §1571-m16; C24, 27, 31, 35, §4866; C39, §5003.04; C46, 50, 54, 58, §321.56; C62, 66, §326.3; C71, 73, 75, 77, 79, 81, §326.16]2002 Acts, ch 1063, §48; 2007 Acts, ch 143, §25; 2012 Acts, ch 1093, §26; 2015 Acts, ch 123, §41, 42326.17Iowa base plates.Repealed by 2012 Acts, ch 1093, §39.326.18Nonresident fleet owner privileges.Repealed by 2012 Acts, ch 1093, §39.326.19Records preserved — audits.Repealed by 2012 Acts, ch 1093, §39.326.19AFailure to maintain operational records penalty.1The department may assess a penalty in an amount equal to twenty percent of the apportioned fees if an audit conducted pursuant to the international registration plan confirms that the registrant has failed to maintain operational records on all of the following:aVerification of distance for the preceding year.bReciprocity agreements to which the department may be a party.2The department shall adopt rules specifying the records and other information required for an audit under the international registration plan.92 Acts, ch 1100, §7; 2010 Acts, ch 1061, §180; 2012 Acts, ch 1093, §27326.20Benefits extended to leased vehicles.Repealed by 2012 Acts, ch 1093, §39.326.21Laws of other jurisdictions Iowa interests.In the absence of an agreement with another jurisdiction, the department may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to vehicles or owners of vehicles properly registered or licensed in such other jurisdiction. The department shall consider the interests of the state of Iowa and its citizens, the interests of the other jurisdictions and their citizens, and the benefits which will accrue to the economy of the state of Iowa from the uninterrupted flow of commerce in declarations made pursuant to this section. Each declaration shall specify that the extent of exemptions, benefits, and privileges is subject to revision without notice upon adoption by the general assembly of legislation in conflict with the terms of any such declaration.[C71, 73, 75, 77, 79, 81, §326.21]2012 Acts, ch 1093, §28326.22Operational laws of Iowa applicable.A nonresident registered vehicle is subject to all laws and rules governing the operation of such vehicle on the highways of this state. The registration credentials assigned and furnished to any vehicle for the current registration year by the jurisdiction in which the vehicle is registered shall be displayed on the vehicle substantially as provided in chapter 321 for vehicles registered pursuant to the provisions of this chapter. In addition, a fee set by the department to cover actual cost shall be charged for each plate, sticker, or other identification furnished for each vehicle registered in accordance with the provisions of this section or extended reciprocity in accordance with the provisions of this section. A charge shall not be made for the initial credentials issued for each vehicle registered pursuant to an apportioned registration agreement. A fee set by the department to cover actual costs shall be charged for issuance of duplicate plates, stickers, other required identification, or other credentials.[S13, §1517-m16; C24, 27, 31, 35, §4866; C39, §5003.04; C46, 50, 54, 58, §321.56; C62, 66, §326.5; C71, 73, 75, 77, 79, 81, §326.22]2002 Acts, ch 1063, §50; 2012 Acts, ch 1093, §29For applicable scheduled fines, see §805.8A, subsection 13, paragraph a 326.23Trip permits.1The owner of a commercial vehicle which is properly registered and licensed in some other jurisdiction and is to be operated occasionally on highways in this state may, in lieu of payment of the annual registration fee for such vehicle, obtain a trip permit authorizing operation of the vehicle on the highways of this state for a period of not to exceed seventy-two hours. The fee for the trip permit shall be ten dollars.2The department may enter into agreements with owners and operators of truck stops to permit the owners and operators of truck stops to issue trip permits subject to any conditions imposed by the department. In addition to the trip permit fee, the owner or operator of a truck stop may charge an issuance fee which shall be disclosed to the purchaser. For the purposes of this section, “truck stop” means any place of business which sells fuel normally used by trucks and which is open twenty-four hours per day.[C66, §326.7; C71, 73, 75, §326.23, 326.24; C77, 79, 81, §326.23]2002 Acts, ch 1063, §51; 2005 Acts, ch 8, §42For applicable scheduled fines, see §805.8A, subsection 13, paragraph a 326.24Registration denied or suspended.If the international fuel tax agreement license issued to an applicant or registrant under chapter 452A is suspended or revoked or if the director refuses to issue an international fuel tax agreement license because of unpaid debt, the director may deny or suspend the applicant’s or registrant’s registration under this chapter.2007 Acts, ch 143, §26326.25Applications investigations.1The department shall examine and determine the genuineness, regularity, and legality of every application lawfully made pursuant to this chapter, and may in all cases make investigations as may be deemed necessary or require additional information. The department shall reject any such application if not satisfied of the genuineness, regularity, or legality of the application or the truth of any statement contained in the application, or for any other reason, when authorized by law. The department is authorized to take possession of any indicia of apportioned registration or reciprocity upon expiration, revocation, cancellation, or suspension of the registration, or which is fictitious, or which has been unlawfully or erroneously issued.2The department may suspend or revoke the registration indicia of a vehicle registered on an apportioned basis in any one of the following events:aWhen the department is satisfied that such registration indicia was issued upon fraudulent application. Bona fide errors shall be corrected within fifteen days after notification by the department.bWhen the department determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand.cWhen the registration indicia is knowingly displayed on a vehicle which is not in the apportioned fleet of the registrant.dUpon a determination that the motor vehicle does not have financial liability coverage as required under section 321.20B.[C71, 73, 75, 77, 79, 81, §326.25]97 Acts, ch 139, §14, 17, 18; 98 Acts, ch 1121, §8; 2010 Acts, ch 1061, §180; 2012 Acts, ch 1093, §30326.26Forms.The department shall prescribe and provide suitable forms of application, credentials, and all other forms requisite or deemed necessary to carry out the provisions of this chapter.[C71, 73, 75, 77, 79, 81, §326.26]2012 Acts, ch 1093, §31326.27Violations to negate agreements.Operation of a commercial vehicle or vehicles in violation of the requirements of this chapter, the motor vehicle registration laws of this state, or the terms of any agreement negotiated by the department pursuant to this chapter may, after due notice and hearing, be grounds for denial of reciprocal or apportioned registration privileges for the vehicle or vehicles of an owner so operated. An owner denied such reciprocal or apportioned registration privileges shall be subject to payment of full annual Iowa registration fees for any such vehicle operated on Iowa highways. In addition to denial of reciprocal or apportioned registration privileges, it shall be a simple misdemeanor, unless such act is declared under Iowa law to be a felony, for any person to operate under reciprocity or apportioned registration in violation of any requirements of this chapter.[C66, §326.7; C71, 73, 75, 77, 79, 81, §326.27]2012 Acts, ch 1093, §32326.28Copies of records fee.A fee shall be charged for copies of records provided by the department or the director.[C71, 73, 75, 77, 79, 81, §326.28]2012 Acts, ch 1093, §33326.29Fees to road use tax fund.Fees collected by the department pursuant to this chapter shall be remitted to the treasurer of state for deposit in the road use tax fund except that fees collected for other jurisdictions shall be placed in a special fund known as the “reciprocity fund”. The department, at least monthly, shall order the disbursement of such fees collected to the appropriate jurisdictions. Interest earned on the reciprocity fund shall be retained by the state and shall be credited to the road use tax fund.[C71, 73, 75, 77, 79, 81, §326.29]2012 Acts, ch 1093, §34326.30Motor vehicle law applicable.All provisions of chapter 321, insofar as applicable, are extended to include owners who register and title vehicles in this state on an apportioned registration basis or who operate interstate on Iowa highways under reciprocity.[C71, 73, 75, 77, 79, 81, §326.30]87 Acts, ch 108, §9; 2012 Acts, ch 1093, §35326.31Filing incorrect information effect.1If the director has reason to believe that a registrant has filed incorrect information with the department, for the purpose of reducing the registrant’s obligation for registration fees or fuel taxes, the director may revoke the apportioned registration privileges on all of the vehicles owned by the person. A person who has such privileges revoked shall be required to register all of the vehicles owned by the person with the appropriate county treasurer for a period of no less than one year and no more than five years thereafter. The department may use all reports pertaining to the registration fees and motor fuel taxes in ascertaining the accuracy of reports filed pertaining to registration fees and motor fuel taxes.2A person whose privileges are revoked may request an administrative hearing of the action in accordance with chapter 17A, and during the period pending the hearing, the apportioned registration privileges shall be reinstated if the registrant posts security with the department in an amount sufficient to pay the full annual fees if an adverse decision is rendered at the hearing. At the hearing, the registrant shall have the burden of proof as to the accuracy of any report filed by the registrant with the department. Judicial review of any decision reached at the administrative hearing may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.[C71, 73, 75, 77, 79, 81, §326.31]2002 Acts, ch 1063, §52; 2003 Acts, ch 44, §114; 2012 Acts, ch 1093, §36326.32Additional fees or restrictions by other jurisdictions effect.If the laws of any other jurisdiction impose any taxes, fees, charges, penalties, obligations, prohibitions, or limitations of any kind upon the vehicles of residents of Iowa, in addition to those imposed upon the vehicles of residents of such other jurisdiction by the state of Iowa, the department may impose and collect fees and charges in the same amount and impose the same obligations, prohibitions, or limitations upon the owner or operator of a vehicle registered in such other jurisdiction.[C71, 73, 75, 77, 79, 81, §326.32]2012 Acts, ch 1093, §37326.33Rules adopted.The department shall promulgate rules pursuant to chapter 17A as necessary to carry out the provisions of this chapter.[C71, 73, 75, 77, 79, 81, §326.33]326.34Reserved. 326.35Reserved. 326.36Reserved.. 326.37Reserved. 326.38Reserved. 326.39Reserved.326.40Reserved.326.41Reserved.326.42Reserved.326.43Reserved.326.44Reserved.326.45Repealed by 2002 Acts, ch 1063, §54. 326.46Temporary unladen weight registration.The department may issue temporary registration for unregistered vehicles subject to registration under this chapter upon application by the owner and payment of a fee of ten dollars for each vehicle. The registration shall be valid for fifteen days and for one trip between specified points of origin and destination, with intermediate points authorized by the department. Property or passengers shall not be transported while the vehicle is subject to temporary registration.[C81, §326.46]2012 Acts, ch 1093, §38