Senate File 419 - Enrolled




                                             SENATE FILE 419

                             AN ACT
 RELATING TO MATTERS UNDER THE PURVIEW OF THE DEPARTMENT OF
    TRANSPORTATION, INCLUDING PROVISIONS FOR THE ADMINISTRATION
    OF THE DEPARTMENT, DRIVER LICENSING, VEHICLE REGULATION,
    THE MOTOR FUEL TAX FORMULA, AND THE ISSUANCE OF CITATIONS,
    ESTABLISHING A CAP ON ANNUAL DEPOSITS TO THE TIME=21 FUND,
    PROVIDING A PENALTY, AND PROVIDING EFFECTIVE AND RETROACTIVE
    APPLICABILITY DATES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

                           DIVISION I
                         ADMINISTRATION
    Section 1.  Section 321.145, subsection 2, paragraph b,
 subparagraph (5), Code 2009, is amended by striking the
 subparagraph.
                           DIVISION II
                        DRIVER LICENSING
    Sec. 2.  Section 321.180B, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    Persons under age eighteen shall not be issued a license or
 permit to operate a motor vehicle except under the provisions
 of this section.  However, the department may issue restricted
 and special driver's licenses to certain minors as provided in
 sections 321.178 and 321.194, and driver's licenses restricted
 to motorized bicycles as provided in section 321.189.  A
 license or permit shall not be issued under this section or
 section 321.178 or 321.194 without the consent of a parent or
 guardian or a person having custody of the applicant under
 chapter 232 or 600A.  An additional consent is required each
 time a license or permit is issued under this section or
 section 321.178 or 321.194.  The consent must be signed by at
 least one parent, or guardian, or custodian on an affidavit
 form provided by the department.
    Sec. 3.  Section 321.180B, subsection 1, unnumbered
 paragraph 3, Code 2009, is amended to read as follows:
    Except as otherwise provided, a permittee who is less than
 eighteen years of age and who is operating a motor vehicle
 must be accompanied by a person issued a driver's license
 valid for the vehicle operated who is the parent, or guardian,
 or custodian of the permittee, member of the permittee's
 immediate family if the family member is at least twenty=one
 years of age, an approved driver education instructor, a
 prospective driver education instructor who is enrolled in a
 practitioner preparation program with a safety education
 program approved by the state board of education, or a person
 at least twenty=five years of age if written permission is
 granted by the parent, or guardian, or custodian, and who is
 actually occupying a seat beside the driver.  A permittee
 shall not operate a motor vehicle if the number of passengers
 in the motor vehicle exceeds the number of passenger safety
 belts in the motor vehicle.  If the applicant for an
 instruction permit holds a driver's license issued in this
 state valid for the operation of a motorized bicycle or a
 motorcycle, the instruction permit shall be valid for such
 operation without the requirement of an accompanying person.
    Sec. 4.  Section 321.180B, subsection 2, Code 2009, is
 amended to read as follows:
    2.  INTERMEDIATE LICENSE.  The department may issue an
 intermediate driver's license to a person sixteen or seventeen
 years of age who possesses an instruction permit issued under
 subsection 1 or a comparable instruction permit issued by
 another state for a minimum of six months immediately
 preceding application, and who presents an affidavit signed by
 a parent, or guardian, or custodian on a form to be provided
 by the department that the permittee has accumulated a total
 of twenty hours of street or highway driving of which two
 hours were conducted after sunset and before sunrise and the
 street or highway driving was with the permittee's parent,
 guardian, custodian, instructor, a person certified by the
 department, or a person at least twenty=five years of age who
 had written permission from a parent, or guardian, or
 custodian to accompany the permittee, and whose driving
 privileges have not been suspended, revoked, or barred under
 this chapter or chapter 321J during, and who has been accident
 and violation free continuously for, the six=month period
 immediately preceding the application for an intermediate
 license.  An applicant for an intermediate license must meet
 the requirements of section 321.186, including satisfactory
 completion of driver education as required in section 321.178,
 and payment of the required license fee before an intermediate
 license will be issued.  A person issued an intermediate
 license must limit the number of passengers in the motor
 vehicle when the intermediate licensee is operating the motor
 vehicle to the number of passenger safety belts.
    Except as otherwise provided, a person issued an
 intermediate license under this subsection who is operating a
 motor vehicle between the hours of twelve=thirty a.m. and five
 a.m. must be accompanied by a person issued a driver's license
 valid for the vehicle operated who is the parent, or guardian,
 or custodian of the permittee, a member of the permittee's
 immediate family if the family member is at least twenty=one
 years of age, an approved driver education instructor, a
 prospective driver education instructor who is enrolled in a
 practitioner preparation program with a safety education
 program approved by the state board of education, or a person
 at least twenty=five years of age if written permission is
 granted by the parent, or guardian, or custodian, and who is
 actually occupying a seat beside the driver.  However, a
 licensee may operate a vehicle to and from school=related
 extracurricular activities and work without an accompanying
 driver between the hours of twelve=thirty a.m. and five a.m.
 if such licensee possesses a waiver on a form to be provided
 by the department.  An accompanying driver is not required
 between the hours of five a.m. and twelve=thirty a.m.
    Sec. 5.  Section 321.180B, subsection 4, Code 2009, is
 amended to read as follows:
    4.  FULL DRIVER'S LICENSE.  A full driver's license may be
 issued to a person seventeen years of age who possesses an
 intermediate license issued under subsection 2 or a comparable
 intermediate license issued by another state for a minimum of
 twelve months immediately preceding application, and who
 presents an affidavit signed by a parent, or guardian, or
 custodian on a form to be provided by the department that the
 intermediate licensee has accumulated a total of ten hours of
 street or highway driving of which two hours were conducted
 after sunset and before sunrise and the street or highway
 driving was with the licensee's parent, guardian, custodian,
 instructor, a person certified by the department, or a person
 at least twenty=five years of age who had written permission
 from a parent, or guardian, or custodian to accompany the
 licensee, whose driving privileges have not been suspended,
 revoked, or barred under this chapter or chapter 321J during,
 and who has been accident and violation free continuously for,
 the twelve=month period immediately preceding the application
 for a full driver's license, and who has paid the required
 fee.
    Sec. 6.  Section 321.184, subsection 1, Code 2009, is
 amended to read as follows:
    1.  CONSENT REQUIRED.  The application of an unmarried
 person under the age of eighteen years for a driver's license
 shall contain the verified consent and confirmation of the
 applicant's birthday by either parent of the applicant, the
 guardian of the applicant, or a person having custody of the
 applicant under chapter 232 or 600A.  Officers and employees
 of the department may administer the oaths without charge.
    Sec. 7.  Section 321.194, subsection 1, paragraph a,
 subparagraph (1), Code 2009, is amended to read as follows:
    (1)  During the hours of 6 5 a.m. to 10 p.m. over the most
 direct and accessible route between the licensee's residence
 and schools of enrollment or the closest school bus stop or
 public transportation service, and between schools of
 enrollment, for the purpose of attending duly scheduled
 courses of instruction and extracurricular activities within
 the school district.
    Sec. 8.  Section 321.194, subsection 1, paragraph a, Code
 2009, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (1A)  To a service station for the
 purpose of refueling, so long as the service station is the
 station closest to the route the licensee is traveling on
 under subparagraph (1).
    Sec. 9.  Section 321.208, subsection 1, paragraph b, Code
 2009, is amended by striking the paragraph.
    Sec. 10.  Section 321.208, subsection 2, paragraph a, Code
 2009, is amended to read as follows:
    a.  Operating a motor vehicle while under the influence of
 an alcoholic beverage or other drug or controlled substance or
 a combination of such substances intoxicated, as provided in
 section 321J.2, subsection 1.
    Sec. 11.  Section 321.210A, subsection 1, paragraph c, Code
 2009, is amended to read as follows:
    c.  Upon receipt of a report of a failure to pay the fine,
 penalty, surcharge, or court costs from the clerk of the
 district court, the department shall in accordance with its
 rules, suspend the person's driver's license until the fine,
 penalty, surcharge, or court costs are paid, unless the person
 proves to the satisfaction of the department that the person
 cannot pay the fine, penalty, surcharge, or court costs.
    Sec. 12.  Section 321.218, subsection 3, Code 2009, is
 amended to read as follows:
    3.  a.  The department, upon receiving the record of the
 conviction of a person under this section upon a charge of
 operating a motor vehicle while the license of the person is
 suspended or revoked, shall, except for licenses suspended
 under section 252J.8, 321.210, subsection 1, paragraph "c", or
 section 321.210A or 321.513, extend the period of suspension
 or revocation for an additional like period or for one year,
 whichever period is shorter, and the department shall not
 issue a new driver's license to the person during the
 additional extended period.
    b.  If the department receives a record of a conviction of
 a person under this section but the person's driving record
 does not indicate what the original grounds of suspension
 were, the period of suspension under this subsection shall be
 for a period not to exceed six months.
    Sec. 13.  Section 321J.4, subsection 2, Code 2009, is
 amended to read as follows:
    2.  If a defendant is convicted of a violation of section
 321J.2, and the defendant's driver's license or nonresident
 operating privilege has not already been revoked under section
 321J.9 or 321J.12 for the occurrence from which the arrest
 arose, the department shall revoke the defendant's driver's
 license or nonresident operating privilege for two years if
 the defendant has had a previous conviction or revocation
 under this chapter.  The defendant shall not be eligible for
 any temporary restricted license for one year forty=five days
 after the effective date of revocation.  The defendant shall
 be ordered to install an ignition interlock device of a type
 approved by the commissioner of public safety on all vehicles
 owned by the defendant if the defendant seeks a temporary
 restricted license at the end of the minimum period of
 ineligibility.  A temporary restricted license shall not be
 granted by the department until the defendant installs the
 ignition interlock device.
    Sec. 14.  Section 321J.8, subsection 1, paragraph c,
 subparagraph (2), Code 2009, is amended to read as follows:
    (2)  If the person is operating a noncommercial motor
 vehicle and holding a commercial driver's license as defined
 in section 321.1 and either refuses to submit to the test or
 operates a motor vehicle while under the influence of an
 alcoholic beverage or other drug or controlled substance or a
 combination of such substances submits to the test and the
 results indicate the presence of a controlled substance or
 other drug or an alcohol concentration equal to or in excess
 of the level prohibited by section 321J.2, the person is
 disqualified from operating a commercial motor vehicle for the
 applicable period under section 321.208 in addition to any
 revocation of the person's driver's license or nonresident
 operating privilege which may be applicable under this
 chapter.
    Sec. 15.  Section 321J.13, subsection 6, paragraphs a and
 c, Code 2009, are amended to read as follows:
    a.  The department shall grant a request for a hearing to
 rescind the revocation if the person whose motor vehicle
 license or operating privilege has been or is being revoked
 under section 321J.9 or 321J.12 submits a petition containing
 information relating to the discovery of new evidence that
 provides grounds for recision rescission of the revocation.
    c.  Such a holding by the court in the criminal action is
 binding on the department, and the department shall rescind
 the revocation.  If the offense for which the revocation was
 imposed was committed while the person was operating a
 noncommercial motor vehicle and holding a commercial driver's
 license and the department disqualified the person from
 operating a commercial motor vehicle under section 321.208,
 subsection 2, paragraph "a" or "b", as a result of the
 revocation, the department shall also rescind the
 disqualification.
    Sec. 16.  Section 805.6, subsection 1, paragraph d, Code
 2009, is amended to read as follows:
    d.  The written appearance defined in paragraph "b" shall
 not be used for any offense other than a simple misdemeanor
 and shall not be used for any offense under section 321.218 or
 321A.32.
    Sec. 17.  Section 321.192, Code 2009, is repealed.
    Sec. 18.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
 The section of this division of this Act amending section
 321J.13, being deemed of immediate importance, takes effect
 upon enactment and applies retroactively to January 1, 2005,
 for disqualifications in effect on or after that date.
                          DIVISION III
                            VEHICLES
    Sec. 19.  Section 312.2, subsection 19, paragraph a, Code
 2009, is amended by striking the paragraph and inserting in
 lieu thereof the following:
    a.  The treasurer of state, before making the allotments
 provided for in this section, shall credit monthly to the
 TIME=21 fund created in section 312A.2 the following amounts:
    (1)  One=half of the amount received by the treasurer from
 trailer registration fees pursuant to section 321.123,
 subsection 1, paragraph "a", subparagraph (1).
    (2)  Two=thirds of the amount received by the treasurer
 from trailer registration fees collected pursuant to section
 321.123, subsection 1, paragraph "a", subparagraph (2).
    (3)  One=third of the amount received by the treasurer from
 trailer registration fees collected pursuant to section
 321.123, subsection 2.
    Sec. 20.  Section 321.1, subsection 17, Code 2009, is
 amended to read as follows:
    17.  "Dealer" means every person engaged in the business of
 buying, selling, or exchanging vehicles of a type required to
 be registered hereunder and who has an established place of
 business for such purpose in this state.  "Dealer" includes
 those persons required to be licensed as dealers under
 chapters 322 and 322C.
    Sec. 21.  Section 321.18, subsection 7, Code 2009, is
 amended to read as follows:
    7.  Any school bus in this state used exclusively for the
 transportation of pupils to and from school or a school
 function or for the purposes provided in section 285.1,
 subsection 1, and section 285.10, subsection 9, or used
 exclusively for the transportation of children enrolled in a
 federal head start program.  Upon application the department
 shall, without charge, issue a registration certificate and
 shall also issue registration plates. which shall have
 imprinted thereon the words "Private School Bus" and a
 distinguishing number assigned to the applicant.  Such The
 plates shall be attached to the front and rear of each bus
 exempt from registration under this subsection.
    Sec. 22.  Section 321.22, Code 2009, is amended to read as
 follows:
    321.22  URBAN AND REGIONAL TRANSIT EQUIPMENT CERTIFICATES
 AND PLATES.
    1.  An urban transit company or system having a franchise
 to operate in any city and any regional transit system may
 make application to the department, upon forms furnished by
 the department, for a certificate containing a distinguishing
 number and for one or more pairs of transit bus registration
 plates to be attached to the front and rear of buses owned or
 operated by the transit company or system.
    2.  The department shall issue to the applicant a
 certificate, or certificates, containing, but not limited to,
 the applicant's name and address, the distinguishing number
 assigned to the applicant, and such other information deemed
 necessary by the department for proper identification of the
 buses.
    3.  The department shall issue transit bus registration
 plates as applied for, which shall be imprinted with the words
 "Transit Bus" and the distinguishing number assigned to the
 applicant.
    4.  The department shall issue the certificates and plates
 without fee.
    Sec. 23.  Section 321.89, subsection 2, Code 2009, is
 amended to read as follows:
    2.  AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES.  A
 police authority, upon the authority's own initiative or upon
 the request of any other authority having the duties of
 control of highways or traffic, shall take into custody an
 abandoned vehicle on public property and may take into custody
 an abandoned vehicle on private property.  The police
 authority may employ its own personnel, equipment, and
 facilities or hire a private entity, equipment, and facilities
 for the purpose of removing, preserving, storing, or disposing
 of abandoned vehicles.  A property owner or other person in
 control of private property may employ a private entity who is
 a garagekeeper, as defined in section 321.90, to dispose of an
 abandoned vehicle, and the private entity may take into
 custody the abandoned vehicle without a police authority's
 initiative.  If a police authority employs a private entity to
 dispose of abandoned vehicles, the police authority shall
 provide the private entity with the names and addresses of the
 registered owners, all lienholders of record, and any other
 known claimant to the vehicle or the personal property found
 in the vehicle.  The owners, lienholders, or other claimants
 of the abandoned vehicle shall not have a cause of action
 against a private entity for action taken under this section
 if the private entity provides notice as required by
 subsection 3, paragraph "a", to those persons whose names were
 provided by the police authority.
    Sec. 24.  Section 321.89, subsections 3 and 4, Code 2009,
 are amended to read as follows:
    3.  NOTIFICATION OF OWNER, LIENHOLDERS, AND OTHER
 CLAIMANTS.
    a.  A police authority or private entity that takes into
 custody an abandoned vehicle shall notify, within twenty days,
 by certified mail, the last known registered owner of the
 vehicle, all lienholders of record, and any other known
 claimant to the vehicle or to personal property found in the
 vehicle, addressed to the parties' last known addresses of
 record, that the abandoned vehicle has been taken into
 custody.  Notice shall be deemed given when mailed.  The
 notice shall describe the year, make, model, and vehicle
 identification number of the vehicle, describe the personal
 property found in the vehicle, set forth the location of the
 facility where the vehicle is being held, and inform the
 persons receiving the notice of their right to reclaim the
 vehicle and personal property within ten days after the
 effective date of the notice upon payment of all towing,
 preservation, and storage charges resulting from placing the
 vehicle in custody and upon payment of the costs of notice
 required pursuant to this subsection.  The notice shall also
 state that the failure of the owner, lienholders, or claimants
 to exercise their right to reclaim the vehicle or personal
 property within the time provided shall be deemed a waiver by
 the owner, lienholders, and claimants of all right, title,
 claim, and interest in the vehicle or personal property and
 that failure to reclaim the vehicle or personal property is
 deemed consent to the sale of the vehicle at a public auction
 or disposal of the vehicle to a demolisher and to disposal of
 the personal property by sale or destruction.  The If the
 abandoned vehicle was taken into custody by a private entity
 without a police authority's initiative, the notice shall
 state that the private entity may claim a garagekeeper's lien
 as described in section 321.90, subsection 1, and may proceed
 to sell or dispose of the vehicle.  If the abandoned vehicle
 was taken into custody by a police authority or by a private
 entity hired by a police authority, the notice shall state
 that any person claiming rightful possession of the vehicle or
 personal property who disputes the planned disposition of the
 vehicle or property by the police authority or private entity
 or of the assessment of fees and charges provided by this
 section may ask for an evidentiary hearing before the police
 authority to contest those matters.  If the persons receiving
 the notice do not ask for a hearing or exercise their right to
 reclaim the vehicle or personal property within the ten=day
 reclaiming period, the owner, lienholders, or claimants shall
 no longer have any right, title, claim, or interest in or to
 the vehicle or the personal property.  A court in any case in
 law or equity shall not recognize any right, title, claim, or
 interest of the owner, lienholders, or claimants after the
 expiration of the ten=day reclaiming period.
    b.  If it is impossible to determine with reasonable
 certainty the identity and addresses of the last registered
 owner and all lienholders, notice by one publication in one
 newspaper of general circulation in the area where the vehicle
 was abandoned shall be sufficient to meet all requirements of
 notice under this section.  The published notice may contain
 multiple listings of abandoned vehicles and personal property
 but shall be published within the same time requirements and
 contain the same information as prescribed for mailed notice
 in paragraph "a".
    4.  AUCTION OF ABANDONED VEHICLES.
    a.  If an abandoned vehicle has not been reclaimed as
 provided for in subsection 3, the police authority or private
 entity shall make a determination as to whether or not the
 vehicle shall be sold for use upon the highways.  If the
 vehicle is not sold for use upon the highways, it shall be
 sold for junk, or demolished and sold as scrap.  The police
 authority or private entity shall sell the vehicle at public
 auction.  Notwithstanding any other provision of this section,
 a police authority or private entity may dispose of the
 vehicle to a demolisher for junk without public auction after
 complying with the notification procedures in subsection 3.
 The purchaser of the vehicle takes title free and clear of all
 liens and claims of ownership, shall receive a sales receipt
 from the police authority or private entity, and is entitled
 to register the vehicle and receive a certificate of title if
 sold for use upon the highways.  If the vehicle is sold or
 disposed of to a demolisher for junk, the demolisher shall
 make application for a junking certificate to the county
 treasurer within thirty days of purchase and shall surrender
 the sales receipt in lieu of the certificate of title.
    b.  From the proceeds of the sale of an abandoned vehicle
 the police authority, if the police authority did not hire a
 private entity, shall reimburse itself for the expenses of the
 auction, the costs of towing, preserving, and storing which
 resulted from placing the abandoned vehicle in custody, all
 notice and publication costs incurred pursuant to subsection
 3, the cost of inspection, and any other costs incurred except
 costs of bookkeeping and other administrative costs.  Any
 remainder from the proceeds of a sale shall be held for the
 owner of the vehicle or entitled lienholder for ninety days,
 and shall then be deposited in the road use tax fund.  The
 costs to police authorities of auction, towing, preserving,
 storage, and all notice and publication costs, and all other
 costs which result from placing abandoned vehicles in custody,
 whenever the proceeds from a sale of the abandoned vehicles
 are insufficient to meet these expenses and costs, shall be
 paid from the road use tax fund and are the obligation of the
 last owner or owners, jointly and severally.
    c.  The director of transportation shall establish by rule
 a claims procedure to be followed by police authorities in
 obtaining expenses and costs from the fund and procedures for
 reimbursement of expenses and costs to a private entity hired
 by a police authority to take custody of an abandoned vehicle.
 If a private entity has been hired by a police authority, the
 police authority shall file a claim with the department for
 reimbursement of towing fees which shall be paid from the road
 use tax fund.
    Sec. 25.  Section 321.166, subsection 2, Code 2009, is
 amended to read as follows:
    2.  Every registration plate or pair of plates shall
 display a registration plate number which shall consist of
 alphabetical or numerical characters or a combination thereof
 and the name of this state, which may be abbreviated.  Every
 registration plate issued by the county treasurer shall
 display the name of the county, including any plate issued
 pursuant to section 321.34, except Pearl Harbor and purple
 heart registration plates issued prior to January 1, 1997,;
 registration plates issued pursuant to section 321.34,
 subsection 13, paragraph "d"; and collegiate, fire fighter,
 and medal of honor registration plates.  Special truck
 registration plates shall display the word "special".  The
 department may adopt rules to implement this subsection.
    Sec. 26.  Section 321.166, subsection 9, Code 2009, is
 amended to read as follows:
    9.  Special registration plates issued pursuant to section
 321.34 beginning January 1, 1997, other than gold star, medal
 of honor, collegiate, fire fighter, and natural resources
 registration plates, shall be consistent with the design and
 color of regular registration plates but shall provide a space
 on a portion of the plate for the purpose of allowing the
 placement of a distinguishing processed emblem.  Special
 registration plates shall also comply with the requirements
 for regular registration plates as provided in this section to
 the extent the requirements are consistent with the section
 authorizing a particular special vehicle registration plate.
    Sec. 27.  Section 321A.17, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  9.  The registration suspension required
 under this section does not apply to a motor vehicle awarded
 to an individual under an order entered pursuant to section
 598.21, if all of the following apply:
    a.  The individual was the co=owner of the motor vehicle
 with a spouse who is required to file and maintain proof of
 financial responsibility.
    b.  The individual is not otherwise required to file and
 maintain proof of financial responsibility.
    c.  The individual is not able to obtain title to the motor
 vehicle in the individual's sole name due to a lien against
 the motor vehicle that existed at the time the order was
 entered pursuant to section 598.21.
    Sec. 28.  Section 321F.9, Code 2009, is amended to read as
 follows:
    321F.9  OPTION TO PURCHASE == DEALER'S LICENSE.
    Any person engaged in business in this state shall not
 enter into any agreement for the use of a motor vehicle under
 the terms of which that person grants to another an option to
 purchase the motor vehicle without first having obtained a
 motor vehicle dealer's license under the provisions of chapter
 322, and all sales of motor vehicles under such options shall
 be subject to sales or use taxes imposed under the provisions
 of chapter 423.  Nothing contained in this section shall
 require such person to have a place of business as provided by
 section 322.6, subsection 8 1, paragraph "h".
    Sec. 29.  Section 321H.2, subsections 6, 8, and 9, Code
 2009, are amended to read as follows:
    6.  "Used vehicle parts dealer" means a person engaged in
 the business of selling bodies, parts of bodies, frames or
 component parts of used vehicles subject to registration under
 chapter 321.
    8.  "Vehicle rebuilder" means a person engaged in the
 business of rebuilding or restoring to operating condition
 vehicles subject to registration under chapter 321, which have
 been damaged or wrecked.
    9.  "Vehicle salvager" means a person engaged in the
 business of scrapping, recycling, dismantling, or storing
 wrecked or damaged vehicles or selling reusable parts of
 vehicles or storing vehicles not currently registered which
 vehicles are vehicles subject to registration under chapter
 321.
    Sec. 30.  Section 321H.2, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  9A.  "Vehicle subject to registration"
 means any vehicle that is of a type required to be registered
 under chapter 321 when operated on a public highway, including
 but not limited to a vehicle that is inoperable, salvage, or
 rebuilt.
    Sec. 31.  Section 321H.3, Code 2009, is amended to read as
 follows:
    321H.3  PROHIBITIONS.
    Except for educational institutions, people; persons
 licensed as new vehicle dealers under chapter 322, people;
 persons engaged in a hobby not for profit, people; persons
 engaged in the business of purchasing bodies, parts of bodies,
 frames, or component parts of vehicles only for sale as scrap
 metal; or a person persons licensed under the provisions of
 this chapter as an authorized vehicle recycler recyclers, a
 person in this state shall not engage in the business of any
 of the following:
    1.  Selling or offering for sale used bodies, parts of
 bodies, frames, or component parts of more than six used
 vehicles subject to registration under chapter 321 in a
 calendar year; or twelve=month period.
    2.  Wrecking or dismantling in a calendar year Dismantling,
 scrapping, recycling, salvaging, or obtaining a junking
 certificate for more than six vehicles or the parts of more
 than six vehicles subject to registration under chapter 321
 for resale; or in a twelve=month period.
    3.  Rebuilding or restoring for sale six or more than six
 wrecked or salvage vehicles subject to registration under
 chapter 321 in a calendar year; or twelve=month period.
    4.  Storing more than six vehicles not currently registered
 or storing damaged vehicles except where such storing of
 damaged vehicles is incidental to the primary purpose of the
 repair of motor vehicles for others, scrapping, disposing,
 salvaging or recycling more than six vehicles or parts of more
 than six vehicles subject to registration under chapter 321 in
 a calendar year.
    Sec. 32.  Section 321H.4, subsections 2 and 3, Code 2009,
 are amended to read as follows:
    2.  a.  Application for a license as an authorized vehicle
 recycler shall be made to the department on forms provided by
 the department.  The application shall be accompanied by a fee
 of seventy dollars for a two=year period or part thereof.  The
 license shall be approved or disapproved within thirty days
 after application for the license.  A license expires on
 December 31 of even=numbered years.  A licensee shall have the
 month of expiration and the month after the month of
 expiration to renew the license.  A person who fails to renew
 a license by the end of this time period and desires to hold a
 license shall file a new license application and pay the
 required fee.  A separate license shall be obtained for each
 county in which an applicant conducts operations.
    b.  The applicant shall specify which business or
 businesses, as enumerated in subsection 1, the applicant is
 applying for a license to engage in.  An applicant shall have
 or demonstrate that the applicant will have the facilities and
 equipment necessary to engage in the business or businesses
 for which the applicant is applying for a license.  The
 license shall specify which business or businesses the
 applicant has been authorized to engage in.
    3.  Each licensee shall file with the department a
 supplemental statement form when the licensee's principal
 place of business, an extension, or the operation of business
 in the county is changed to differ from the information
 contained on the initial license application form within
 fifteen days after each at least ten days prior to any
 operational change.  The department shall notify each licensee
 of the approval of a change in license status.  If a change in
 license status is approved by the department the licensee
 shall surrender the old license to the department together
 with a thirty=five dollar fee.  The department shall issue a
 new license modified to reflect the principal place of
 business, each extension, and the operations of the licensee.
    Sec. 33.  Section 321H.6, Code 2009, is amended to read as
 follows:
    321H.6  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
    The license of a person issued under the provisions of this
 chapter may be denied, revoked, or suspended if the department
 finds that the licensee has any of the following:
    1.  Violated The licensee has violated any provisions
 provision of this chapter; or.
    2.  Made The licensee has made any material
 misrepresentation to the department in connection with an
 application for a license, junking certificate, salvage
 certificate, certificate of title, or registration of a
 vehicle; or.
    3.  Been The licensee has been convicted of a fraudulent
 practice in connection with selling or offering for sale
 vehicles or parts of vehicles subject to registration under
 chapter 321; or or any other indictable offense in connection
 with selling or other activity relating to motor vehicles, in
 this state or any other state.
    4.  Failed The licensee has failed to maintain an
 established principal place of business in the county without
 notification to the department; or.
    5.  Had The licensee has had a license issued under the
 provisions of this chapter denied, suspended, or revoked
 within the previous three years; or.
    6.  Been convicted of violation of any of sections 321.52,
 321.71, 321.78, 321.92, 321.97, 321.98, 321.99, 321.100, or
 714.16.
    Sec. 34.  Section 321H.8, Code 2009, is amended to read as
 follows:
    321H.8  PENALTIES.
    1.  A person convicted of violating a provision of this
 chapter is guilty of a serious misdemeanor.
    2.  A person convicted of a fraudulent practice or any
 other indictable offense in connection with selling or other
 activity relating to motor vehicles, in this state or any
 other state, shall not for a period of five years from the
 date of conviction be an owner, salesperson, employee, officer
 of a corporation, or representative of a licensed motor
 vehicle recycler or represent themselves as an owner,
 salesperson, employee, officer of a corporation, or
 representative of a licensed motor vehicle recycler.
    Sec. 35.  Section 322.3, subsection 12, Code 2009, is
 amended to read as follows:
    12.  A person convicted of a fraudulent practice or any
 other indictable offense in connection with selling,
 bartering, or otherwise dealing in or other activity relating
 to motor vehicles, in this state or any other state, shall not
 for a period of five years from the date of conviction be an
 owner, salesperson, employee, officer of a corporation, or
 dealer representative of a licensed motor vehicle dealer or
 represent themselves as an owner, salesperson, employee, or
 dealer representative of a licensed motor vehicle dealer.
    Sec. 36.  Section 322.6, Code 2009, is amended to read as
 follows:
    322.6  DENIAL OF LICENSE.
    1.  The department may deny the application of any a person
 for a license as a motor vehicle dealer and refuse to issue a
 license to the person as such, if, after reasonable notice and
 a hearing, the department determines that such applicant any
 of the following:
    1. a.  Has The applicant made a material false statement in
 the application for the license; or.
    2. b.  Has The applicant has not complied with the
 provisions of this chapter or any rules or regulations
 promulgated adopted by the department thereunder pursuant to
 this chapter, except as otherwise provided; or.
    3. c.  Is The applicant is of bad business repute; or.
    4. d.  Has The applicant has been guilty convicted of a
 fraudulent act practice in connection with selling, bartering,
 or otherwise dealing in or other activity relating to motor
 vehicles; or in this or any other state.
    5. e.  Is The applicant is about to engage in any a
 fraudulent practice or other indictable offense in connection
 with the sale, barter, or otherwise dealing in selling or
 other activity relating to motor vehicles, which is fraudulent
 or in violation of the law; or in this or any other state.
    6. f.  Has The applicant has entered into a contract or
 agreement or is about to enter into a contract or agreement
 with any a manufacturer or distributor of motor vehicles which
 is contrary to any provision of this chapter; or.
    7. g.  Has The applicant has a contract or agreement with
 any a manufacturer or distributor of motor vehicles or is
 about to enter into a contract or agreement with any a
 manufacturer or distributor of motor vehicles, who, without
 just, reasonable, and lawful cause therefor, has terminated
 within ninety days from the date of application a contract or
 agreement with a motor vehicle dealer in any county of the
 state in which the applicant proposes to engage in business;.
    8. h.  Does The applicant does not have a place of business
 within the meaning of this chapter, unless the applicant is a
 person referred to in subsection 7 of section 322.3;,
 subsection 7.
    9. i.  Has The applicant has violated any of the provisions
 provision of sections section 321.78, 321.81, 321.92, 321.97,
 321.98, 321.99, 321.100, 539.4, 714.1, and or 714.16; or.
    10. j.  If it has been judicially determined Following a
 judicial determination that the licensee has applicant
 intentionally violated any of the provisions provision of the
 Iowa consumer credit code, chapter 537, and the licensee the
 applicant continues to make consumer credit sales, consumer
 loans, or consumer leases in violation of the Iowa consumer
 credit code, chapter 537.
    k.  The applicant is or will be acting on behalf of a
 person whose dealer license has been revoked as provided in
 this chapter.
    2.  It shall be sufficient cause for refusal or revocation
 of a license as a motor vehicle dealer in the case of a
 partnership or corporation if any member of the partnership or
 any officer or director of the corporation has committed any
 an act or omission which would be cause for refusing to issue
 a license to, or revoking a license to of, such person as an
 individual.
    3.  In considering whether or not a contract or agreement
 between a motor vehicle dealer and a manufacturer or
 distributor of motor vehicles has been terminated by such the
 manufacturer or distributor without just and reasonable cause
 therefor, the department shall take into consideration the
 circumstances existing at the time of such the termination,
 including the amount of business transacted by the motor
 vehicle dealer pursuant to the contract or agreement and prior
 to such the termination; the investment necessarily made and
 the obligation necessarily incurred by the motor vehicle
 dealer in the performance of the dealer's part of such the
 contract; the permanency of such investment; the reasons for
 such the termination by such the manufacturer or distributor;
 and the fact that it is injurious to the public welfare for
 the business of a motor vehicle dealer to be disrupted by
 termination of such a contract without just and reasonable
 cause.
    4.  Whenever the department determines to deny the
 application of any a person for a license as a motor vehicle
 dealer and refuses to issue a license to the person as such,
 the department shall enter a final order thereof with its
 findings relating thereto to the determination within thirty
 days from the date of the hearing thereon.
    Sec. 37.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 The section of this division of this Act amending section
 312.2, subsection 19, being deemed of immediate importance,
 takes effect upon enactment and applies retroactively to
 January 1, 2009.
    Sec. 38.  EFFECTIVE DATE.  The section of this division of
 this Act enacting section 321A.17, subsection 9, being deemed
 of immediate importance, takes effect upon enactment.
                           DIVISION IV
                           ENFORCEMENT
    Sec. 39.  Section 321.95, Code 2009, is amended to read as
 follows:
    321.95  RIGHT OF INSPECTION.
    1.  Peace officers shall have the authority to inspect any
 vehicle or component part in possession of a vehicle
 rebuilder, vehicle salvager, used vehicle parts dealer, or any
 person licensed under chapter 322, or found upon the public
 highway or in any public garage, enclosure, or property in
 which vehicles or component parts are kept for sale, storage,
 hire, or repair and for that purpose may enter any such public
 garage, enclosure, or property.  Every vehicle rebuilder,
 vehicle salvager, used vehicle parts dealer, or any person
 licensed under chapter 322, or a person having used engines or
 transmissions which are component parts for sale shall keep an
 accurate and complete record of all vehicles demolished and of
 such component parts purchased or received for resale as
 component parts in the course of business.  These records
 shall contain the name and address of the person from whom
 each such vehicle or component part was purchased or received
 and the date when the purchase or receipt occurred or the
 junking certificate if required for the vehicle.  These
 records shall be open for inspection by any peace officer at
 any time during normal business hours.  Records required by
 this section shall be kept for at least three years after the
 transaction which they record.
    2.  A person convicted of a violation of this section is
 guilty of a simple misdemeanor punishable as a scheduled
 violation under section 805.8A, subsection 14, paragraph "j".
    Sec. 40.  Section 321.449, subsection 4, Code 2009, is
 amended to read as follows:
    4.  Notwithstanding other provisions of this section, rules
 adopted under this section for drivers of commercial vehicles
 shall not apply to a driver of a commercial vehicle who is
 engaged exclusively in intrastate commerce, when the
 commercial vehicle's gross vehicle weight rating is twenty=six
 thousand pounds or less, unless the vehicle is used to
 transport hazardous materials requiring a placard or if the
 vehicle is designed to transport more than fifteen passengers,
 including the driver.  For the purpose of complying with the
 hours of service recordkeeping requirements under 49 C.F.R. }
 395.1(e)(5) } 395.1(e)(1)(v)(A=D), a driver's report of daily
 beginning and ending on=duty time submitted to the motor
 carrier at the end of each workweek shall be considered
 acceptable motor carrier time records.  In addition, rules
 adopted under this section shall not apply to a driver
 operating intrastate for a farm operation as defined in
 section 352.2, or for an agricultural interest when the
 commercial vehicle is operated between the farm as defined in
 section 352.2 and another farm, between the farm and a market
 for farm products, or between the farm and an agribusiness
 location.  A driver or a driver=salesperson for a private
 carrier, who is not for hire and who is engaged exclusively in
 intrastate commerce, may drive twelve hours, be on duty
 sixteen hours in a twenty=four=hour period and be on duty
 seventy hours in seven consecutive days or eighty hours in
 eight consecutive days.  For=hire drivers who are engaged
 exclusively in intrastate commerce and who operate trucks and
 truck tractors exclusively for the movement of construction
 materials and equipment to and from construction projects may
 also drive twelve hours, be on duty sixteen hours in a
 twenty=four=hour period, and be on duty seventy hours in seven
 consecutive days or eighty hours in eight consecutive days.  A
 "driver=salesperson" means as defined in 49 C.F.R. } 395.2, as
 adopted by the department by rule.
    Sec. 41.  Section 321.449, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  8.  In the course of enforcing the motor
 carrier safety rules adopted by the department under chapter
 17A, the department's peace officers are authorized, at
 reasonable times and places and with reasonable notice, to
 enter a motor carrier's place of business for the purpose of
 performing a motor carrier safety audit or compliance review.
 Nothing in this subsection by itself permits the seizure of
 the property of a motor carrier.  Any audit or review shall be
 conducted in compliance with the federal motor carrier safety
 regulations in 49 C.F.R. pts. 105=185, 382, 383, 385, and
 390=399.  A peace officer of the department is authorized to
 inspect and copy motor carrier records required by 49 C.F.R.
 pts. 105=185, 382, 383, 385, and 390=399.
    Sec. 42.  Section 805.6, subsection 1, paragraph a,
 subparagraphs (1) and (2), Code 2009, are amended to read as
 follows:
    (1)  The commissioner of public safety, the director of
 transportation, and the director of the department of natural
 resources, acting jointly, shall adopt a uniform, combined
 citation and complaint which shall be used for charging all
 traffic violations in Iowa under state law or local regulation
 or ordinance, and which shall be used for charging all other
 violations which are designated by sections 805.8A, 805.8B,
 and 805.8C to be scheduled violations.  The filing fees and
 court costs in cases of parking meter and overtime parking
 violations which are denied are as stated in section 602.8106,
 subsection 1.  The court costs in scheduled violation cases
 where a court appearance is not required are as stated in
 section 602.8106, subsection 1.  The court costs in scheduled
 violation cases where a court appearance is required are as
 stated in section 602.8106, subsection 1.  This subsection
 does not prevent the charging of any of those violations by
 information, by private complaint filed under chapter 804, or
 by a simple notice of fine where permitted by section 321.236,
 subsection 1.  Each uniform citation and complaint shall be
 serially numbered and shall be in quintuplicate, and the
 officer shall deliver the original and a copy to the court
 where the defendant is to appear, two copies to the defendant,
 and a copy to the law enforcement agency of the officer.  If
 the uniform citation and complaint is created electronically,
 the issuing agency shall cause the uniform citation and
 complaint to be transmitted to the court, and the officer
 shall deliver a document to the defendant which contains a
 section for the defendant and a section which may be sent to
 the court.  The court shall forward an abstract of the uniform
 citation and complaint in accordance with section 321.491 when
 applicable.
    (2)  The uniform citation and complaint shall contain
 spaces for the parties' names; the address of the alleged
 offender; the registration number of the offender's vehicle;
 the information required by section 805.2, a warning which
 states, "I hereby swear and affirm that the information
 provided by me on this citation is true under penalty of
 providing false information"; and a statement that providing
 false information is a violation of section 719.3; a list of
 the scheduled fines prescribed by sections 805.8A, 805.8B, and
 805.8C, either separately or by group, and a statement of the
 court costs payable in scheduled violation cases, whether or
 not a court appearance is required or is demanded; a brief
 explanation of sections 805.9 and 805.10; and a space where
 the defendant may sign an admission of the violation when
 permitted by section 805.9; and the uniform citation and
 complaint shall require that the defendant appear before a
 court at a specified time and place.  The uniform citation and
 complaint also may contain a space for the imprint of a credit
 card, and may contain any other information which the
 commissioner of public safety, the director of transportation,
 and the director of the department of natural resources may
 determine.
    Sec. 43.  Section 805.8A, subsection 14, Code 2009, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  j.  VEHICLE COMPONENT PARTS RECORDS
 VIOLATIONS.  For violations under section 321.95, the
 scheduled fine is fifty dollars.
                           DIVISION V
                        FUEL TAX REVENUES
    Sec. 44.  Section 452A.3, subsection 1, paragraph a, Code
 2009, is amended to read as follows:
    a.  The rate of the excise tax shall be based on the number
 of gallons of ethanol blended gasoline that is distributed in
 this state as expressed as a percentage of the number of
 gallons of motor fuel distributed in this state, which is
 referred to as the distribution percentage.  For purposes of
 this subsection, only ethanol blended gasoline and nonblended
 gasoline, not including aviation gasoline, shall be used in
 determining the percentage basis for the excise tax.  The
 department shall determine the percentage basis for each
 determination period beginning January 1 and ending December
 31.  The rate for the excise tax shall apply for the period
 beginning July 1 and ending June 30 following the end of the
 determination period.
                           DIVISION VI
             TIME=21 FUND == CAP ON ANNUAL DEPOSITS
    Sec. 45.  Section 312A.2, Code 2009, is amended to read as
 follows:
    312A.2  TRANSPORTATION INVESTMENT MOVES THE ECONOMY IN THE
 TWENTY=FIRST CENTURY (TIME=21) FUND.
    1.  A transportation investment moves the economy in the
 twenty=first century fund is created in the state treasury
 under the control of the department.  The fund shall be known
 and referred to as the TIME=21 fund.  The fund shall consist
 of any moneys appropriated by the general assembly and any
 revenues credited by law to the TIME=21 fund.  Moneys in the
 fund are not subject to section 8.33.  Notwithstanding section
 12C.7, subsection 2, interest or earnings on moneys deposited
 in the fund shall be credited to the fund.
    2.  Notwithstanding subsection 1 and section 312.2, for the
 fiscal year beginning July 1, 2008, and for each fiscal year
 thereafter, not more than a total of two hundred twenty=five
 million dollars shall be deposited in the TIME=21 fund for any
 fiscal year.  Any remaining moneys directed to be deposited in
 the TIME=21 fund for a fiscal year shall be deposited or
 retained in the road use tax fund.
    Sec. 46.  EFFECTIVE DATE.  The section of this division of
 this Act amending section 312A.2, being deemed of immediate
 importance, takes effect upon enactment.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 419, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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