House File 2447 - Introduced HOUSE FILE 2447 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 695) A BILL FOR An Act relating to the regulation of motor vehicles by the 1 department of transportation, including modification of the 2 definition of business-trade truck, provisions concerning 3 licensing sanctions and penalties for vehicle recyclers and 4 motor vehicle dealers, annual registration fees for certain 5 vehicles equipped for a person with a disability or used by 6 a person who relies on a wheelchair, and requirements for 7 the issuance of temporary persons with disabilities parking 8 permits. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 5411HV (2) 83 dea/nh

H.F. 2447 Section 1. Section 321.1, subsection 7A, Code Supplement 1 2009, is amended to read as follows: 2 7A. “Business-trade truck” means a model year 2010 or 3 newer motor truck with an unladen weight of ten thousand pounds 4 or less which is owned by a corporation, limited liability 5 company, or partnership or by a person who files a schedule C 6 or schedule F form with the federal internal revenue service 7 and which is eligible for depreciation under § 167 of the 8 Internal Revenue Code. If the motor truck is a leased vehicle, 9 the motor truck is a business-trade truck only if the lessee 10 is a corporation, limited liability company, or partnership 11 and the truck is used primarily for purposes of the business 12 operations of the corporation, limited liability company, or 13 partnership or the lessee is a person who files a schedule C or 14 schedule F form with the federal internal revenue service and 15 the truck is used primarily for purposes of the person’s own 16 business or farming operation. 17 Sec. 2. Section 321.109, subsection 1, paragraph b, Code 18 2009, is amended to read as follows: 19 b. The annual registration fee shall be sixty dollars for a 20 vehicle , otherwise subject to paragraph “a” , with permanently 21 installed equipment manufactured for and necessary to assist a 22 person with a disability who is either the owner or lessee of 23 the vehicle or a member of the owner’s or lessee’s household 24 in entry and exit of the vehicle or for such a vehicle if the 25 vehicle’s owner or lessee of the vehicle or a member of the 26 vehicle owner’s or lessee’s household uses a wheelchair as the 27 only means of mobility shall be sixty dollars . This paragraph 28 applies only to vehicles that are otherwise subject to 29 paragraph “a” and to motor trucks with an unladen weight of ten 30 thousand pounds or less that are otherwise subject to section 31 321.122. For purposes of this paragraph, “uses a wheelchair” 32 does not include use of a wheelchair due to a temporary injury 33 or medical condition. 34 Sec. 3. Section 321H.3, subsection 4, Code Supplement 2009, 35 -1- LSB 5411HV (2) 83 dea/nh 1/ 6

H.F. 2447 is amended to read as follows: 1 4. Storing more than six vehicles not currently registered 2 or storing damaged vehicles except where such storing of 3 damaged vehicles is incidental to the primary purpose of the 4 repair of motor vehicles for others. 5 Sec. 4. Section 321H.6, subsection 3, Code Supplement 2009, 6 is amended to read as follows: 7 3. The licensee has been convicted of a fraudulent practice 8 or any other indictable offense in connection with selling or 9 other activity relating to motor vehicles, in this state or any 10 other state , or has been convicted of three or more violations 11 of section 321.92, subsection 2, or section 321.99 . 12 Sec. 5. Section 321H.6, Code Supplement 2009, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 6. The licensee has been determined in a 15 final judgment of a court of competent jurisdiction to have 16 violated section 714.16 in connection with selling or other 17 activity relating to vehicles. 18 Sec. 6. Section 321H.8, subsection 2, Code Supplement 2009, 19 is amended to read as follows: 20 2. A person who has been convicted of a fraudulent practice 21 or , has been convicted of three or more violations of section 22 321.92, subsection 2, or section 321.99, or has been convicted 23 of any other indictable offense in connection with selling or 24 other activity relating to motor vehicles, in this state or 25 any other state, shall not for a period of five years from 26 the date of conviction be an owner, salesperson, employee, 27 officer of a corporation, or representative of a licensed 28 motor an authorized vehicle recycler or represent themselves 29 as an owner, salesperson, employee, officer of a corporation, 30 or representative of a licensed motor an authorized vehicle 31 recycler. 32 Sec. 7. Section 321L.2, subsection 1, unnumbered paragraph 33 1, Code Supplement 2009, is amended to read as follows: 34 A resident of the state with a disability desiring a persons 35 -2- LSB 5411HV (2) 83 dea/nh 2/ 6

H.F. 2447 with disabilities parking permit shall apply to the department 1 upon an application form furnished by the department providing 2 the applicant’s full legal name, address, date of birth, and 3 social security number or Iowa driver’s license number or 4 Iowa nonoperator’s identification card number, and shall also 5 provide a statement from a physician licensed under chapter 6 148 or 149, a physician assistant licensed under chapter 7 148C, an advanced registered nurse practitioner licensed 8 under chapter 152, or a chiropractor licensed under chapter 9 151, or a physician, physician assistant, nurse practitioner, 10 or chiropractor licensed to practice in a contiguous state, 11 written on the physician’s, physician assistant’s, nurse 12 practitioner’s, or chiropractor’s stationery, stating the 13 nature of the applicant’s disability and such additional 14 information as required by rules adopted by the department 15 under section 321L.8. If the person is applying for a 16 temporary persons with disabilities parking permit, the 17 physician’s, physician assistant’s, nurse practitioner’s, or 18 chiropractor’s statement shall state the period of time during 19 which the person is expected to be disabled and the period 20 of time for which the permit should be issued, not to exceed 21 six months. The department may waive the requirement that 22 the applicant furnish the applicant’s social security number, 23 Iowa driver’s license number, or nonoperator’s identification 24 card number when the application for a temporary persons with 25 disabilities parking permit is made on behalf of a person who 26 is less than one year old. 27 Sec. 8. Section 322.3, subsection 12, Code Supplement 2009, 28 is amended to read as follows: 29 12. A person who has been convicted of a fraudulent practice 30 or , has been convicted of three or more violations of section 31 321.92, subsection 2, or section 321.99, or has been convicted 32 of any other indictable offense in connection with selling or 33 other activity relating to motor vehicles, in this state or any 34 other state, shall not for a period of five years from the date 35 -3- LSB 5411HV (2) 83 dea/nh 3/ 6

H.F. 2447 of conviction be an owner, salesperson, employee, officer of 1 a corporation, or representative of a licensed motor vehicle 2 dealer or represent themselves as an owner, salesperson, 3 employee, officer of a corporation, or representative of a 4 licensed motor vehicle dealer. 5 Sec. 9. Section 322.6, subsection 1, paragraph d, Code 6 Supplement 2009, is amended to read as follows: 7 d. The applicant has been convicted of a fraudulent practice 8 or any indictable offense in connection with selling or other 9 activity relating to motor vehicles , in this state or any other 10 state , or has been convicted of three or more violations of 11 section 321.92, subsection 2, or section 321.99 . 12 Sec. 10. Section 322.6, subsection 1, paragraph i, Code 13 Supplement 2009, is amended by striking the paragraph and 14 inserting in lieu thereof the following: 15 i. The applicant has been determined in a final judgment 16 of a court of competent jurisdiction to have violated section 17 714.16 in connection with selling or other activity relating to 18 motor vehicles and the department determines that the applicant 19 should not therefore be engaged in the business of selling 20 motor vehicles. 21 EXPLANATION 22 This bill amends the definition of “business-trade truck” 23 to provide that the term applies only to model year 2010 or 24 newer motor trucks. For purposes of motor vehicle registration 25 fees, a “business-trade truck” is a motor truck with an unladen 26 weight of 10,000 pounds or less which is used for business or 27 farming. 28 The bill revises existing provisions that establish an 29 annual registration fee of $60 for a vehicle equipped to assist 30 a person with a disability to enter and exit the vehicle if 31 the person with a disability is the owner of the vehicle or a 32 member of the owner’s household. The $60 fee also applies if 33 the owner of the vehicle or a member of the owner’s household 34 uses a wheelchair as the only means of mobility and use of 35 -4- LSB 5411HV (2) 83 dea/nh 4/ 6

H.F. 2447 the wheelchair is not due to a temporary injury or condition. 1 The bill extends the $60 fee to lessees as well as owners. 2 In addition, the bill extends the $60 fee to motor trucks 3 registered as business-trade trucks and older model trucks 4 which are otherwise subject to a fee based on the combined 5 gross weight of the vehicle or combination of vehicles. 6 Currently, only 2010 and subsequent model year motor trucks 7 with a combined gross weight of 10,000 pounds or less that are 8 registered for a fee based on weight and value are eligible for 9 the $60 fee. 10 The bill revises provisions relating to grounds for denial, 11 suspension, or revocation of an authorized vehicle recycler’s 12 license or a motor vehicle dealer’s license. Under the bill, 13 such grounds exist when a person has been convicted of three or 14 more violations of Code section 321.92, subsection 2, relating 15 to vehicles without identification numbers or Code section 16 321.99, relating to fraudulent use of a vehicle registration 17 card, plate, or permit, or when a person has been determined 18 in a final judgment of a court to have violated Code section 19 714.16, relating to consumer frauds, in connection with selling 20 or other activity relating to vehicles. In addition, the bill 21 provides that conviction of a fraudulent practice; conviction 22 of three or more violations of Code section 321.92, subsection 23 2, or Code section 321.99, relating to fraudulent use of a 24 vehicle registration card, plate, or permit; or conviction 25 of an indictable offense in connection with selling or other 26 activity relating to vehicles, in this state or any other 27 state, disqualifies a person from acting as or representing 28 themselves as an owner, salesperson, employee, officer of a 29 corporation, or representative of a licensed motor vehicle 30 recycler or a licensed motor vehicle dealer for five years from 31 the date of conviction. 32 The bill allows the department of transportation to 33 waive the requirement that an applicant for a persons with 34 disabilities parking permit furnish the applicant’s social 35 -5- LSB 5411HV (2) 83 dea/nh 5/ 6