House File 2337 - Introduced HOUSE FILE BY KAUFMANN, BAUDLER, and VAN FOSSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to restricted driver motor vehicle registration 2 plates to identify persons driving under a temporary 3 restricted driver's license following a second or subsequent 4 revocation for operating while intoxicated, and providing 5 penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5547YH 82 8 dea/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 321.34A RESTRICTED DRIVER 1 2 REGISTRATION PLATES. 1 3 1. Upon application to the county treasurer, the owner of 1 4 a motor vehicle subject to registration shall be issued 1 5 restricted driver registration plates at no charge in exchange 1 6 for the regular or special registration plates issued for the 1 7 vehicle under section 321.34. If the application is for a new 1 8 registration, the restricted driver registration plates shall 1 9 be issued in lieu of regular registration plates upon payment 1 10 of the regular annual registration fee for the vehicle. 1 11 2. Restricted driver registration plates, to be designed 1 12 by the department, shall be of a different color than regular 1 13 registration plates and bear a unique series of alphanumeric 1 14 characters so as to be readily identified by peace officers. 1 15 Application for or acceptance of restricted driver 1 16 registration plates constitutes implied consent for a peace 1 17 officer to stop the vehicle bearing the restricted driver 1 18 registration plates at any time. A peace officer who observes 1 19 the operation of a motor vehicle displaying restricted driver 1 20 registration plates may stop the vehicle for the purpose of 1 21 determining whether the driver is operating the vehicle 1 22 lawfully under a valid driver's license. 1 23 3. Restricted driver registration plates expire on the 1 24 same date as the registration plates they replace and shall be 1 25 validated by the county treasurer in the same manner as 1 26 regular registration plates are validated upon payment of the 1 27 annual registration fee for the vehicle. 1 28 4. Except as provided in section 321J.20, subsection 8, 1 29 upon application by the owner of a motor vehicle, the county 1 30 treasurer shall issue regular or special registration plates, 1 31 under the terms and conditions in section 321.34 and subject 1 32 to applicable fees, in exchange for restricted driver 1 33 registration plates. 1 34 5. It is a simple misdemeanor for a person to do any of 1 35 the following: 2 1 a. Knowingly disguise or obscure the color of restricted 2 2 driver registration plates. 2 3 b. Knowingly operate a motor vehicle displaying restricted 2 4 driver registration plates that have been disguised or 2 5 obscured. 2 6 Sec. 2. Section 321J.20, Code Supplement 2007, is amended 2 7 by adding the following new subsection: 2 8 NEW SUBSECTION. 8. a. Prior to issuing a temporary 2 9 restricted license under this section to a person whose 2 10 driver's license or nonresident operating privilege has been 2 11 revoked for a second or subsequent time under this chapter, 2 12 the department shall require the surrender of the registration 2 13 plates issued under section 321.34 for the following motor 2 14 vehicles, as identified by the department, which are not 2 15 already legally impounded: 2 16 (1) Any motor vehicle registered to the person whose 2 17 license is revoked, individually or jointly. 2 18 (2) Any motor vehicle for which the person whose license 2 19 is revoked is listed on the certificate of title as the owner 2 20 or co=owner. 2 21 (3) Any leased motor vehicle required to be registered 2 22 under section 321F.8, if the person whose license is revoked 2 23 is listed as the lessee or co=lessee. 2 24 b. The department shall issue restricted driver 2 25 registration plates as provided in section 321.34A in exchange 2 26 for the surrendered plates for each motor vehicle listed under 2 27 paragraph "a". 2 28 c. A registered owner of a motor vehicle issued restricted 2 29 driver registration plates under this subsection shall not 2 30 sell the motor vehicle during the time it is registered with 2 31 restricted driver registration plates unless the registered 2 32 owner applies to the department for consent to transfer title 2 33 to the motor vehicle. If the department is satisfied that the 2 34 proposed sale is in good faith and for valid consideration, 2 35 that the registered owner will be deprived of custody and 3 1 control of the motor vehicle, and that the sale is not for the 3 2 purpose of circumventing the provisions of this subsection, 3 3 the department may certify its consent to the county 3 4 treasurer. The county treasurer shall then transfer the title 3 5 to the new owner upon proper application and issue new 3 6 registration plates. If the title to the motor vehicle is 3 7 transferred by the cancellation of a conditional sales 3 8 contract, a sale upon execution, or by decree or order of a 3 9 court of competent jurisdiction after the registration plates 3 10 have been ordered surrendered under this subsection, the 3 11 department shall order the title surrendered to the new 3 12 registered owner. The county treasurer shall then transfer 3 13 the title to the new owner and issue new registration plates 3 14 pursuant to section 321.34. If a person holding a temporary 3 15 restricted license issued under this section following a 3 16 second or subsequent revocation under this chapter applies for 3 17 a new motor vehicle registration of a type listed under 3 18 paragraph "a", the county treasurer shall issue restricted 3 19 driver registration plates for the vehicle upon payment of the 3 20 annual registration fee for the vehicle. 3 21 d. When the period of revocation of the person's 3 22 noncommercial driver's license under this chapter expires, the 3 23 owner of a motor vehicle issued restricted driver registration 3 24 plates under this subsection may apply to the county treasurer 3 25 for regular or special registration plates for the vehicle, 3 26 under the terms and conditions in section 321.34 and subject 3 27 to applicable fees. When satisfied that the period of license 3 28 revocation under this chapter is expired, and upon payment of 3 29 any required fees, the county treasurer shall issue regular or 3 30 special registration plates for the vehicle in exchange for 3 31 the restricted driver registration plates. 3 32 e. A person holding a temporary restricted license issued 3 33 by the department under this section following a second or 3 34 subsequent revocation under this chapter shall not operate a 3 35 motor vehicle other than a motor vehicle displaying restricted 4 1 driver registration plates issued pursuant to section 321.34A 4 2 and this section. 4 3 EXPLANATION 4 4 This bill requires the department of transportation to 4 5 design and issue restricted driver motor vehicle registration 4 6 plates, which shall be of a different color than regular 4 7 registration plates and bear a unique set of alphanumeric 4 8 characters so as to be readily identifiable by peace officers. 4 9 Any motor vehicle owner may apply to the county treasurer for 4 10 restricted driver registration plates to be issued in exchange 4 11 for the regular or special registration plates currently 4 12 issued for the vehicle. The restricted driver registration 4 13 plates are to be substituted at no additional charge, but are 4 14 subject to the regular annual registration fee for the 4 15 vehicle. Application for or acceptance of restricted driver 4 16 registration plates constitutes implied consent for a peace 4 17 officer to stop the vehicle displaying the plates at any time, 4 18 and a peace officer may stop such a vehicle to determine 4 19 whether the driver is operating under a valid driver's 4 20 license. 4 21 The bill prohibits a person whose driver's license or 4 22 nonresident operating privilege has been revoked for a second 4 23 or subsequent time for operating while intoxicated (OWI) from 4 24 operating a motor vehicle under a temporary restricted 4 25 driver's license unless the vehicle displays restricted driver 4 26 registration plates. The bill requires that before such a 4 27 person is issued a temporary restricted license, the 4 28 department shall require the surrender of the regular or 4 29 special registration plates for any motor vehicle registered 4 30 to the person, any motor vehicle for which the person is 4 31 listed as an owner or co=owner, and any motor vehicle for 4 32 which the person is listed as the lessee or co=lessee. Upon 4 33 surrender of the regular or special plates, the department 4 34 shall issue restricted driver registration plates for each 4 35 such vehicle. Any motor vehicle newly registered while the 5 1 person is driving under a temporary restricted license for OWI 5 2 must also be issued restricted driver plates in lieu of 5 3 regular registration plates. A vehicle required to have 5 4 restricted driver registration plates cannot be sold without 5 5 the consent of the department. In addition, the bill permits 5 6 transfer of ownership to a vehicle upon cancellation of a 5 7 conditional sales contract, a sale upon execution, or by 5 8 decree or order of a court. 5 9 The bill provides that an OWI offender with a temporary 5 10 restricted license who was required to have restricted driver 5 11 registration plates may exchange the restricted driver plates 5 12 for regular or special registration plates when the period of 5 13 license revocation is expired. The owner of a motor vehicle 5 14 who was not required under OWI provisions to display 5 15 restricted driver registration plates but applied for the 5 16 plates voluntarily may apply to the county treasurer at any 5 17 time to be issued regular or special registration plates. 5 18 The bill prohibits a person from knowingly disguising or 5 19 obscuring the color of restricted driver registration plates 5 20 or from knowingly operating a vehicle whose restricted driver 5 21 registration plates have been obscured or disguised. A 5 22 violation is a simple misdemeanor, punishable by confinement 5 23 for no more than 30 days or a fine of at least $65 but not 5 24 more than $625 or by both. 5 25 A person holding a temporary restricted license that was 5 26 issued following a second or subsequent revocation for OWI who 5 27 operates a motor vehicle not displaying restricted driver 5 28 registration plates in violation of the bill's provisions 5 29 would be considered to be driving under a revoked driver's 5 30 license. Such an offense is a serious misdemeanor, punishable 5 31 by confinement for no more than one year and a fine of at 5 32 least $315 but not more than $1,875. The person is also 5 33 assessed an additional fine of $1,000 and the period of 5 34 revocation is doubled. 5 35 LSB 5547YH 82 6 1 dea/nh/5