HOUSE FILE 158

BY  KAUFMANN and BAUDLER

A BILL FOR

An Act providing for restricted driver motor vehicle registration plates to identify persons driving under a temporary restricted driver’s license following a second or subsequent revocation for operating while intoxicated, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  321.34A  Restricted driver registration plates.
   1.  Upon application to the county treasurer, the owner of a motor vehicle subject to registration shall be issued restricted driver registration plates at no charge in exchange for the regular or special registration plates issued for the vehicle under section 321.34. If the application is for a new registration, the restricted driver registration plates shall be issued in lieu of regular registration plates upon payment of the regular annual registration fee for the vehicle.
   2.  Restricted driver registration plates, to be designed by the department, shall be of a different color than regular registration plates and bear a unique series of alphanumeric characters so as to be readily identified by peace officers. Application for or acceptance of restricted driver registration plates constitutes implied consent for a peace officer to stop the vehicle bearing the restricted driver registration plates at any time. A peace officer who observes the operation of a motor vehicle displaying restricted driver registration plates may stop the vehicle for the purpose of determining whether the driver is operating the vehicle lawfully under a valid driver’s license.
   3.  Restricted driver registration plates expire on the same date as the registration plates they replace and shall be validated by the county treasurer in the same manner as regular registration plates are validated upon payment of the annual registration fee for the vehicle.
   4.  Except as provided in section 321J.20, subsection 7A, upon application by the owner of a motor vehicle, the county treasurer shall issue regular or special registration plates, under the terms and conditions in section 321.34 and subject to applicable fees, in exchange for restricted driver registration plates.
   5.  It is a simple misdemeanor for a person to do any of the following:
   a.  Knowingly disguise or obscure the color of restricted driver registration plates.
   b.  Knowingly operate a motor vehicle displaying restricted driver registration plates that have been disguised or obscured.
   Sec. 2.  Section 321J.20, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.
  a.  Prior to issuing a temporary restricted license under this section to a person whose driver’s license or nonresident operating privilege has been revoked for a second or subsequent time under this chapter, the department shall require the surrender of the registration plates issued under section 321.34 for the following motor vehicles, as identified by the department, which are not already legally impounded:
   (1)  Any motor vehicle registered to the person whose license is revoked, individually or jointly.
   (2)  Any motor vehicle for which the person whose license is revoked is listed on the certificate of title as the owner or co-owner.
   (3)  Any leased motor vehicle required to be registered under section 321F.8, if the person whose license is revoked is listed as the lessee or co-lessee.
   b.  The department shall issue restricted driver registration plates as provided in section 321.34A in exchange for the surrendered plates for each motor vehicle listed under paragraph “a”.
   c.  A registered owner of a motor vehicle issued restricted driver registration plates under this subsection shall not sell the motor vehicle during the time it is registered with restricted driver registration plates unless the registered owner applies to the department for consent to transfer title to the motor vehicle. If the department is satisfied that the proposed sale is in good faith and for valid consideration, that the registered owner will be deprived of custody and control of the motor vehicle, and that the sale is not for the purpose of circumventing the provisions of this subsection, the department may certify its consent to the county treasurer. The county treasurer shall then transfer the title to the new owner upon proper application and issue new registration plates. If the title to the motor vehicle is transferred by the cancellation of a conditional sales contract, a sale upon execution, or by decree or order of a court of competent jurisdiction after the registration plates have been ordered surrendered under this subsection, the department shall order the title surrendered to the new registered owner. The county treasurer shall then transfer the title to the new owner and issue new registration plates pursuant to section 321.34. If a person holding a temporary restricted license issued under this section following a second or subsequent revocation under this chapter applies for a new motor vehicle registration of a type listed under paragraph “a”, the county treasurer shall issue restricted driver registration plates for the vehicle upon payment of the annual registration fee for the vehicle.
   d.  When the period of revocation of the person’s noncommercial driver’s license under this chapter expires, the owner of a motor vehicle issued restricted driver registration plates under this subsection may apply to the county treasurer for regular or special registration plates for the vehicle, under the terms and conditions in section 321.34 and subject to applicable fees. When satisfied that the period of license revocation under this chapter is expired, and upon payment of any required fees, the county treasurer shall issue regular or special registration plates for the vehicle in exchange for the restricted driver registration plates.
   e.  A person holding a temporary restricted license issued by the department under this section following a second or subsequent revocation under this chapter shall not operate a motor vehicle other than a motor vehicle displaying restricted driver registration plates issued pursuant to section 321.34A and this section.
EXPLANATION
   This bill requires the department of transportation to design and issue restricted driver motor vehicle registration plates, which shall be of a different color than regular registration plates and bear a unique set of alphanumeric characters so as to be readily identifiable by peace officers. Any motor vehicle owner may apply to the county treasurer for restricted driver registration plates to be issued in exchange for the regular or special registration plates currently issued for the vehicle. The restricted driver registration plates are to be substituted at no additional charge, but are subject to the regular annual registration fee for the vehicle. Application for or acceptance of restricted driver registration plates constitutes implied consent for a peace officer to stop the vehicle displaying the plates at any time, and a peace officer may stop such a vehicle to determine whether the driver is operating under a valid driver’s license.
   The bill prohibits a person whose driver’s license or nonresident operating privilege has been revoked for a second or subsequent time for operating while intoxicated (OWI) from operating a motor vehicle under a temporary restricted driver’s license unless the vehicle displays restricted driver registration plates. The bill requires that before such a person is issued a temporary restricted license, the department shall require the surrender of the regular or special registration plates for any motor vehicle registered to the person, any motor vehicle for which the person is listed as an owner or co-owner, and any motor vehicle for which the person is listed as the lessee or co-lessee. Upon surrender of the regular or special plates, the department shall issue restricted driver registration plates for each such vehicle. Any motor vehicle newly registered while the person is driving under a temporary restricted license for OWI must also be issued restricted driver registration plates in lieu of regular registration plates. A vehicle required to have restricted driver registration plates cannot be sold without the consent of the department. In addition, the bill permits transfer of ownership to a vehicle upon cancellation of a conditional sales contract, a sale upon execution, or by decree or order of a court.
   The bill provides that an OWI offender with a temporary restricted license who was required to have restricted driver registration plates may exchange the plates for regular or special registration plates when the period of license revocation is expired. The owner of a motor vehicle who was not required under OWI provisions to display restricted driver registration plates but applied for the plates voluntarily may exchange the plates at any time for regular or special registration plates.
   The bill prohibits a person from knowingly disguising or obscuring the color of restricted driver registration plates or from knowingly operating a vehicle whose restricted driver registration plates have been obscured or disguised. A violation is a simple misdemeanor, punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   A person holding a temporary restricted license that was issued following a second or subsequent revocation for OWI who operates a motor vehicle not displaying restricted driver registration plates in violation of the bill’s provisions would be considered to be driving under a revoked driver’s license. Such an offense is a serious misdemeanor, punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. The person is also assessed an additional fine of $1,000 and the period of revocation is doubled.