H.F. 158 Section 1. NEW SECTION . 321.34A Restricted driver 1 registration plates. 2 1. Upon application to the county treasurer, the owner 3 of a motor vehicle subject to registration shall be issued 4 restricted driver registration plates at no charge in exchange 5 for the regular or special registration plates issued for the 6 vehicle under section 321.34. If the application is for a new 7 registration, the restricted driver registration plates shall 8 be issued in lieu of regular registration plates upon payment 9 of the regular annual registration fee for the vehicle. 10 2. Restricted driver registration plates, to be designed 11 by the department, shall be of a different color than regular 12 registration plates and bear a unique series of alphanumeric 13 characters so as to be readily identified by peace officers. 14 Application for or acceptance of restricted driver registration 15 plates constitutes implied consent for a peace officer to stop 16 the vehicle bearing the restricted driver registration plates 17 at any time. A peace officer who observes the operation of a 18 motor vehicle displaying restricted driver registration plates 19 may stop the vehicle for the purpose of determining whether the 20 driver is operating the vehicle lawfully under a valid driver’s 21 license. 22 3. Restricted driver registration plates expire on the 23 same date as the registration plates they replace and shall be 24 validated by the county treasurer in the same manner as regular 25 registration plates are validated upon payment of the annual 26 registration fee for the vehicle. 27 4. Except as provided in section 321J.20, subsection 7A, 28 upon application by the owner of a motor vehicle, the county 29 treasurer shall issue regular or special registration plates, 30 under the terms and conditions in section 321.34 and subject to 31 applicable fees, in exchange for restricted driver registration 32 plates. 33 5. It is a simple misdemeanor for a person to do any of the 34 following: 35 -1- LSB 1650YH (3) 84 dea/nh 1/ 5

H.F. 158 a. Knowingly disguise or obscure the color of restricted 1 driver registration plates. 2 b. Knowingly operate a motor vehicle displaying restricted 3 driver registration plates that have been disguised or 4 obscured. 5 Sec. 2. Section 321J.20, Code 2011, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 7A. a. Prior to issuing a temporary 8 restricted license under this section to a person whose 9 driver’s license or nonresident operating privilege has been 10 revoked for a second or subsequent time under this chapter, 11 the department shall require the surrender of the registration 12 plates issued under section 321.34 for the following motor 13 vehicles, as identified by the department, which are not 14 already legally impounded: 15 (1) Any motor vehicle registered to the person whose license 16 is revoked, individually or jointly. 17 (2) Any motor vehicle for which the person whose license is 18 revoked is listed on the certificate of title as the owner or 19 co-owner. 20 (3) Any leased motor vehicle required to be registered 21 under section 321F.8, if the person whose license is revoked is 22 listed as the lessee or co-lessee. 23 b. The department shall issue restricted driver registration 24 plates as provided in section 321.34A in exchange for the 25 surrendered plates for each motor vehicle listed under 26 paragraph “a” . 27 c. A registered owner of a motor vehicle issued restricted 28 driver registration plates under this subsection shall not 29 sell the motor vehicle during the time it is registered with 30 restricted driver registration plates unless the registered 31 owner applies to the department for consent to transfer title 32 to the motor vehicle. If the department is satisfied that the 33 proposed sale is in good faith and for valid consideration, 34 that the registered owner will be deprived of custody and 35 -2- LSB 1650YH (3) 84 dea/nh 2/ 5

H.F. 158 control of the motor vehicle, and that the sale is not for the 1 purpose of circumventing the provisions of this subsection, the 2 department may certify its consent to the county treasurer. 3 The county treasurer shall then transfer the title to the 4 new owner upon proper application and issue new registration 5 plates. If the title to the motor vehicle is transferred 6 by the cancellation of a conditional sales contract, a sale 7 upon execution, or by decree or order of a court of competent 8 jurisdiction after the registration plates have been ordered 9 surrendered under this subsection, the department shall order 10 the title surrendered to the new registered owner. The county 11 treasurer shall then transfer the title to the new owner and 12 issue new registration plates pursuant to section 321.34. If 13 a person holding a temporary restricted license issued under 14 this section following a second or subsequent revocation under 15 this chapter applies for a new motor vehicle registration of 16 a type listed under paragraph “a” , the county treasurer shall 17 issue restricted driver registration plates for the vehicle 18 upon payment of the annual registration fee for the vehicle. 19 d. When the period of revocation of the person’s 20 noncommercial driver’s license under this chapter expires, the 21 owner of a motor vehicle issued restricted driver registration 22 plates under this subsection may apply to the county treasurer 23 for regular or special registration plates for the vehicle, 24 under the terms and conditions in section 321.34 and subject 25 to applicable fees. When satisfied that the period of license 26 revocation under this chapter is expired, and upon payment of 27 any required fees, the county treasurer shall issue regular or 28 special registration plates for the vehicle in exchange for the 29 restricted driver registration plates. 30 e. A person holding a temporary restricted license issued 31 by the department under this section following a second or 32 subsequent revocation under this chapter shall not operate a 33 motor vehicle other than a motor vehicle displaying restricted 34 driver registration plates issued pursuant to section 321.34A 35 -3- LSB 1650YH (3) 84 dea/nh 3/ 5

H.F. 158 and this section. 1 EXPLANATION 2 This bill requires the department of transportation to 3 design and issue restricted driver motor vehicle registration 4 plates, which shall be of a different color than regular 5 registration plates and bear a unique set of alphanumeric 6 characters so as to be readily identifiable by peace officers. 7 Any motor vehicle owner may apply to the county treasurer for 8 restricted driver registration plates to be issued in exchange 9 for the regular or special registration plates currently 10 issued for the vehicle. The restricted driver registration 11 plates are to be substituted at no additional charge, but are 12 subject to the regular annual registration fee for the vehicle. 13 Application for or acceptance of restricted driver registration 14 plates constitutes implied consent for a peace officer to stop 15 the vehicle displaying the plates at any time, and a peace 16 officer may stop such a vehicle to determine whether the driver 17 is operating under a valid driver’s license. 18 The bill prohibits a person whose driver’s license or 19 nonresident operating privilege has been revoked for a second 20 or subsequent time for operating while intoxicated (OWI) 21 from operating a motor vehicle under a temporary restricted 22 driver’s license unless the vehicle displays restricted 23 driver registration plates. The bill requires that before 24 such a person is issued a temporary restricted license, the 25 department shall require the surrender of the regular or 26 special registration plates for any motor vehicle registered to 27 the person, any motor vehicle for which the person is listed 28 as an owner or co-owner, and any motor vehicle for which the 29 person is listed as the lessee or co-lessee. Upon surrender 30 of the regular or special plates, the department shall issue 31 restricted driver registration plates for each such vehicle. 32 Any motor vehicle newly registered while the person is driving 33 under a temporary restricted license for OWI must also be 34 issued restricted driver registration plates in lieu of regular 35 -4- LSB 1650YH (3) 84 dea/nh 4/ 5

H.F. 158 registration plates. A vehicle required to have restricted 1 driver registration plates cannot be sold without the consent 2 of the department. In addition, the bill permits transfer of 3 ownership to a vehicle upon cancellation of a conditional sales 4 contract, a sale upon execution, or by decree or order of a 5 court. 6 The bill provides that an OWI offender with a temporary 7 restricted license who was required to have restricted driver 8 registration plates may exchange the plates for regular 9 or special registration plates when the period of license 10 revocation is expired. The owner of a motor vehicle who was 11 not required under OWI provisions to display restricted driver 12 registration plates but applied for the plates voluntarily 13 may exchange the plates at any time for regular or special 14 registration plates. 15 The bill prohibits a person from knowingly disguising or 16 obscuring the color of restricted driver registration plates 17 or from knowingly operating a vehicle whose restricted driver 18 registration plates have been obscured or disguised. A 19 violation is a simple misdemeanor, punishable by confinement 20 for no more than 30 days or a fine of at least $65 but not more 21 than $625 or by both. 22 A person holding a temporary restricted license that was 23 issued following a second or subsequent revocation for OWI 24 who operates a motor vehicle not displaying restricted driver 25 registration plates in violation of the bill’s provisions 26 would be considered to be driving under a revoked driver’s 27 license. Such an offense is a serious misdemeanor, punishable 28 by confinement for no more than one year and a fine of at least 29 $315 but not more than $1,875. The person is also assessed 30 an additional fine of $1,000 and the period of revocation is 31 doubled. 32 -5- LSB 1650YH (3) 84 dea/nh 5/ 5