House File 2552
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2509)
(SUCCESSOR TO HF 139)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the issuance of special motor vehicle
2 registration plates and providing effective and retroactive
3 applicability dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6826HZ 80
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PAG LIN
1 1 Section 1. Section 35A.11, Code 2003, is amended to read
1 2 as follows:
1 3 35A.11 VETERANS LICENSE FEE FUND.
1 4 A veterans license fee fund is created in the state
1 5 treasury under the control of the commission. The fund shall
1 6 include the fees credited by the treasurer of state from the
1 7 sale of special veteran license plates pursuant to section
1 8 321.34, subsection 13, paragraph "d". Notwithstanding section
1 9 12C.7, interest or earnings on moneys in the veterans license
1 10 fee fund shall be credited to the veterans license fee fund.
1 11 Moneys in the fund are appropriated to the commission to be
1 12 used to fulfill the responsibilities of the commission.
1 13 Sec. 2. Section 100B.12, Code Supplement 2003, is amended
1 14 to read as follows:
1 15 100B.12 PAUL RYAN MEMORIAL FIRE FIGHTER SAFETY TRAINING
1 16 FUND.
1 17 A Paul Ryan memorial fire fighter safety training fund is
1 18 created in the state treasury under the control of the
1 19 department of public safety. The fund shall consist of fees
1 20 transferred by the treasurer of state from the sale of special
1 21 fire fighter license plates pursuant to section 321.34,
1 22 subsection 10. Moneys in the fund shall be used exclusively
1 23 by the fire service training bureau to offset fire fighter
1 24 training costs. Notwithstanding section 8.33, moneys in the
1 25 fund shall not revert to the general fund of the state at the
1 26 end of the fiscal year, but shall remain available for
1 27 expenditure by the fire service training bureau for fire
1 28 fighter training in future fiscal years.
1 29 Sec. 3. Section 257.31, subsection 17, paragraph d, Code
1 30 Supplement 2003, is amended to read as follows:
1 31 d. Funds transferred to the committee from the sale of
1 32 special motor vehicle registration plates with an education
1 33 emblem in accordance with section 321.34, subsection 22, are
1 34 appropriated to and may be expended for the purposes of the
1 35 committee, as described in this section. However, highest
2 1 priority shall be given to districts that meet the conditions
2 2 described in this subsection. Notwithstanding any other
2 3 provision of the Code, unencumbered or unobligated funds
2 4 transferred to the committee pursuant to section 321.34,
2 5 subsection 22, from the sale of special registration plates
2 6 remaining on June 30 of the fiscal year for which the funds
2 7 were transferred, shall not revert but shall be available for
2 8 expenditure for the purposes of this subsection in subsequent
2 9 fiscal years.
2 10 Sec. 4. Section 321.34, subsection 12, paragraphs a and b,
2 11 Code Supplement 2003, are amended to read as follows:
2 12 a. The owner of a motor vehicle subject to registration
2 13 pursuant to section 321.109, subsection 1, motor truck, motor
2 14 home, multipurpose vehicle, motorcycle, trailer, or travel
2 15 trailer may, upon written application to the department, order
2 16 special registration plates with a distinguishing processed
2 17 emblem as authorized by this section or as approved by the
2 18 department. The fee for the issuance of special registration
2 19 plates is twenty=five dollars for each vehicle, unless
2 20 otherwise provided by this section pursuant to subsection 13,
2 21 paragraph "c", which fee is in addition to the regular annual
2 22 registration fee. The county treasurer shall validate special
2 23 registration plates with a distinguishing processed emblem in
2 24 the same manner as regular registration plates, upon payment
2 25 of five dollars in addition to the regular annual registration
2 26 fee.
2 27 b. Upon receipt of a special registration plate with a
2 28 distinguishing processed emblem as authorized by this section
2 29 or as approved by the department, the applicant shall
2 30 surrender the regular registration plates to the county
2 31 treasurer. An applicant no longer eligible for a special
2 32 registration plate shall surrender the special vehicle
2 33 registration plates to the county treasurer for issuance of
2 34 regular registration plates.
2 35 Sec. 5. Section 321.34, subsection 12, paragraph d, Code
3 1 Supplement 2003, is amended by striking the paragraph.
3 2 Sec. 6. Section 321.34, subsection 13, paragraphs c and d,
3 3 Code Supplement 2003, are amended to read as follows:
3 4 c. The department shall adopt rules pursuant to chapter
3 5 17A regarding the approval and issuance of special
3 6 registration plates. The rules shall include provisions for
3 7 continued issuance of all special plates, upon payment of the
3 8 fees associated with those plates, which were authorized as of
3 9 January 1, 2004. At the request of a state agency or
3 10 nonprofit entity, the department may act by rule to adjust the
3 11 fees charged for a special plate authorized as of January 1,
3 12 2004, not to exceed the fee amounts established in paragraph
3 13 "d", or to redesignate the fund to which the fees shall be
3 14 credited.
3 15 d. A state agency or a nonprofit entity which is exempt
3 16 from federal income taxation pursuant to section 501(c)(3) of
3 17 the Internal Revenue Code may submit a request to the
3 18 department recommending a special registration plate with a
3 19 processed emblem. The alternate additional fee for letter
3 20 number designated special plates is thirty=five dollars with a
3 21 ten dollar. Five dollars of the thirty=five dollar fee shall
3 22 be retained for deposit in the road use tax fund. The
3 23 additional annual special renewal fee is ten dollars. The
3 24 Pursuant to subsection 5, the fee for personalized plates is
3 25 twenty=five dollars, which is in addition to the alternative
3 26 fee of thirty=five dollars with an, and the annual
3 27 personalized plate renewal fee of is five dollars, which is in
3 28 addition to the special renewal fee of ten dollars. The
3 29 alternate fees are in addition to the regular annual
3 30 registration fee. The alternate additional fees collected
3 31 under this paragraph shall be paid monthly to the treasurer of
3 32 state and credited to the road use tax fund. Notwithstanding
3 33 section 423.24 and prior to the crediting of the revenues to
3 34 the road use tax fund under section 423.24, subsection 1,
3 35 paragraph "b", the treasurer of state shall credit monthly the
4 1 net amount of the alternate additional fees collected in the
4 2 previous month to the state agency or nonprofit entity that
4 3 recommended the special registration plate.
4 4 Sec. 7. Section 321.34, subsection 13, Code Supplement
4 5 2003, is amended by adding the following new paragraphs:
4 6 NEW PARAGRAPH. e. A special registration plate with a
4 7 processed emblem shall not be authorized until sufficient paid
4 8 applications for the special registration plate are received
4 9 to cover all costs associated with the development,
4 10 production, and distribution of the special plate and funds
4 11 transfers. Special military plates are exempt from minimum
4 12 prepaid application requirements.
4 13 NEW PARAGRAPH. f. The department shall annually review
4 14 the costs associated with the issuance of each special
4 15 processed emblem plate and shall discontinue a plate when
4 16 revenues from the plate do not exceed total costs. Special
4 17 military plates are exempt from review and discontinuance, as
4 18 deemed appropriate by the department.
4 19 Sec. 8. Section 321.34, subsections 3, 7, 8, 8A, 10, 10A,
4 20 11, 11A, 11B, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Code
4 21 Supplement 2003, are amended by striking the subsections.
4 22 Sec. 9. Section 321.166, subsection 5, Code 2003, is
4 23 amended to read as follows:
4 24 5. There shall be a marked contrast between the color of
4 25 the registration plates and the data which is required to be
4 26 displayed on the registration plates. When a new series of
4 27 registration plates is issued to replace a current series, the
4 28 new registration plates shall be of a distinctively different
4 29 color from the series which is replaced, except for collegiate
4 30 registration plates issued under section 321.34, subsection 7.
4 31 Sec. 10. Section 321L.1, subsection 5, paragraph a, Code
4 32 2003, is amended to read as follows:
4 33 a. A persons with disabilities registration plate issued
4 34 to or for a person with a disability under section 321.34,
4 35 subsection 14.
5 1 Sec. 11. EFFECTIVE AND APPLICABILITY DATES. This Act,
5 2 being deemed of immediate importance, takes effect upon
5 3 enactment and applies to all special registration plates
5 4 authorized on or after March 1, 2004.
5 5 EXPLANATION
5 6 This bill expands the authority of the state department of
5 7 transportation to issue and administer special motor vehicle
5 8 registration plates. The bill retains the provision in
5 9 existing law that allows the department to issue a new special
5 10 plate at the request of any person who provides evidence that
5 11 there is sufficient interest in the special plate to cover the
5 12 costs of issuance, provided the proposed plate meets criteria
5 13 established in administrative rules. The $25 fee for issuance
5 14 of such a plate and the $5 annual renewal fee, which are in
5 15 addition to regular annual registration fees, are credited to
5 16 the road use tax fund.
5 17 Current law also allows a state agency to request a special
5 18 plate with an issuance fee of $35 and an annual renewal fee of
5 19 $10 in addition to regular annual registration fees. The
5 20 amount of the special fees for state agency=sponsored plates
5 21 is credited to the state agency. The bill expands this
5 22 provision by allowing a nonprofit entity which is exempt from
5 23 federal taxation under section 501(c)(3) of the Internal
5 24 Revenue Code to request a special registration plate, with the
5 25 special fees to be credited to the nonprofit entity. Under
5 26 the bill, a state agency or nonprofit entity requesting a
5 27 special plate, other than a special military plate, must
5 28 obtain sufficient prepaid applications for the plate to cover
5 29 the department's costs for development, production, and
5 30 distribution before the plate can be authorized. In addition,
5 31 $5 of each $35 issuance fee for special plates sponsored by a
5 32 state agency or nonprofit entity shall be credited to the road
5 33 use tax fund. The department is required to annually review
5 34 the costs associated with each special plate, other than
5 35 special military plates, and to discontinue a plate when
6 1 revenues from the plate do not exceed total costs.
6 2 The bill strikes Code provisions relating to special
6 3 registration plates that are currently issued and requires the
6 4 department to adopt rules to provide for continued issuance of
6 5 such plates, upon payment of the fees associated with those
6 6 plates. The bill also provides that the department may act by
6 7 rule at the request of a state agency or nonprofit entity to
6 8 adjust the fees for any of the plates that were authorized as
6 9 of January 1, 2004, or to redesignate the fund to which the
6 10 fees are credited. The fees may not be adjusted beyond the
6 11 limits established in the bill for special plates requested by
6 12 state agencies or nonprofit entities.
6 13 The bill amends related Code provisions to modify
6 14 references to the stricken special registration plate
6 15 provisions.
6 16 The bill takes effect upon enactment and applies to all
6 17 special plates authorized on or after March 1, 2004.
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