Senate
File
2169
-
Introduced
SENATE
FILE
2169
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
3109)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
transportation,
including
provisions
concerning
the
2
regulation
of
motor
vehicles
and
motor
vehicle
dealers,
the
3
licensing
and
regulation
of
motor
vehicle
operators,
and
4
administrative
reporting
requirements,
providing
penalties,
5
and
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
MOTOR
VEHICLE
OPERATORS
2
Section
1.
Section
321.1,
subsection
24B,
paragraph
c,
Code
3
Supplement
2011,
is
amended
to
read
as
follows:
4
c.
A
valid
statement
issued
by
the
treasurer
of
state
5
pursuant
to
certificate
of
deposit
filed
with
the
department
6
as
provided
in
section
321A.25
attesting
to
the
filing
of
a
7
certificate
of
deposit
with
the
treasurer
of
state
.
8
Sec.
2.
Section
321.196,
subsection
4,
Code
2011,
is
amended
9
to
read
as
follows:
10
4.
The
department
in
its
discretion
may
authorize
the
11
renewal
of
a
valid
driver’s
license
other
than
a
commercial
12
driver’s
license
upon
application
without
an
examination
13
provided
that
the
applicant
meets
one
of
the
following
14
conditions:
15
a.
The
applicant
satisfactorily
passes
a
vision
test
as
16
prescribed
by
the
department
or
.
17
b.
The
applicant
files
a
vision
report
in
accordance
with
18
section
321.186A
which
shows
that
the
applicant’s
visual
acuity
19
level
meets
or
exceeds
those
required
by
the
department.
20
c.
The
applicant
is
eligible
for
license
renewal
21
electronically,
pursuant
to
rules
adopted
by
the
department.
22
4A.
An
application
for
renewal
of
a
driver’s
license
shall
23
include
a
statement
for
the
applicant
to
sign
that
acknowledges
24
the
applicant’s
knowledge
of
the
requirement
to
notify
the
25
department
of
a
mailing
address
change
under
section
321.182,
26
subsection
1
.
27
Sec.
3.
Section
321.208,
subsection
6,
Code
2011,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
i.
Using
a
hand-held
electronic
device
to
30
write,
send,
or
read
a
text
message
in
violation
of
section
31
321.276
while
operating
a
commercial
motor
vehicle.
32
Sec.
4.
Section
321.211,
subsection
2,
Code
2011,
is
amended
33
to
read
as
follows:
34
2.
There
is
appropriated
each
year
from
the
road
use
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tax
fund
to
the
department
of
transportation
two
hundred
1
twenty-five
thousand
dollars
or
as
much
thereof
as
is
necessary
2
to
be
used
to
pay
the
cost
of
notice
and
personal
delivery
3
of
service,
as
necessary
to
meet
the
notice
requirement
of
4
this
section
.
The
department
shall
adopt
rules
governing
the
5
payment
of
the
cost
of
personal
delivery
of
service
of
notice
.
6
The
reinstatement
fees
collected
under
section
321.191
shall
7
be
deposited
in
the
road
use
tax
fund
in
the
manner
provided
in
8
section
321.145
,
as
reimbursement
for
to
help
defray
the
costs
9
of
notice
under
this
section
incurred
in
the
driver’s
license
10
sanction
and
reinstatement
process
.
11
Sec.
5.
Section
321.257,
subsection
2,
paragraph
f,
Code
12
Supplement
2011,
is
amended
to
read
as
follows:
13
f.
A
“flashing
circular
yellow”
light
means
vehicular
14
traffic
shall
proceed
through
the
intersection
or
past
such
15
signal
with
caution.
16
Sec.
6.
Section
321.257,
subsection
2,
Code
Supplement
17
2011,
is
amended
by
adding
the
following
new
paragraphs:
18
NEW
PARAGRAPH
.
0d.
A
“steady
red
arrow”
light
shown
alone
19
or
with
another
official
traffic-control
signal
means
vehicular
20
traffic
shall
not
enter
the
intersection
to
make
the
movement
21
indicated
by
the
arrow.
A
steady
red
arrow
light
does
not
22
prohibit
entering
the
intersection
to
make
another
movement
23
permitted
by
another
signal
indicator.
A
steady
red
arrow
24
light
is
intended
to
prohibit
traffic,
except
pedestrians
25
directed
by
a
pedestrian
signal,
from
entering
the
intersection
26
to
make
the
indicated
turn.
27
NEW
PARAGRAPH
.
0g.
A
“flashing
yellow
arrow”
light
shown
28
alone
or
with
another
official
traffic-control
signal
means
29
vehicular
traffic
may
cautiously
enter
the
intersection
only
30
to
make
the
movement
indicated
by
the
arrow,
or
other
such
31
movement
as
permitted
by
other
signal
indicators
displayed
at
32
the
same
time.
Vehicular
traffic
proceeding
under
a
flashing
33
yellow
arrow
light
shall
yield
the
right-of-way
to
other
34
vehicles
and
pedestrians
lawfully
within
the
intersection.
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Sec.
7.
Section
321.258,
Code
2011,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
321.258
Arrangement
of
lights
on
official
traffic-control
3
signals.
4
The
design,
color,
and
arrangement
of
lights
placed
on
an
5
official
traffic
control
signal
shall
be
in
conformance
with
6
the
manual
on
uniform
traffic-control
devices
adopted
pursuant
7
to
section
321.252.
8
Sec.
8.
Section
321A.18,
subsection
3,
Code
2011,
is
amended
9
to
read
as
follows:
10
3.
A
statement
issued
by
the
treasurer
of
state
attesting
to
11
the
filing
of
a
certificate
of
deposit
with
the
treasurer
of
12
state
as
provided
in
section
321A.25
.
13
Sec.
9.
Section
321A.25,
Code
2011,
is
amended
to
read
as
14
follows:
15
321A.25
Certificate
of
deposit
as
proof.
16
1.
Proof
of
financial
responsibility
may
be
evidenced
17
by
the
statement
of
the
treasurer
of
state
that
the
person
18
named
in
the
statement
has
filed
filing
with
the
treasurer
19
of
state
department
fifty-five
thousand
dollars
in
the
form
20
of
an
endorsed
a
certificate
of
deposit
made
payable
jointly
21
to
the
person
and
the
treasurer
of
state
department
.
The
22
certificate
of
deposit
shall
be
obtained
from
an
Iowa
financial
23
institution
in
the
amount
of
fifty-five
thousand
dollars
plus
24
any
early
withdrawal
penalty
fee.
The
treasurer
of
state
25
shall
promptly
notify
the
director
of
transportation
of
the
26
name
and
address
of
the
person
to
whom
the
statement
has
been
27
issued.
Upon
receipt
of
the
notification
certificate
of
28
deposit
,
the
director
of
transportation
department
shall
issue
29
to
the
person
a
security
insurance
card
for
each
motor
vehicle
30
registered
in
this
state
by
the
person.
The
security
insurance
31
card
shall
state
the
name
and
address
of
the
person
and
the
32
registration
number
of
the
motor
vehicle
for
which
the
card
is
33
issued.
The
treasurer
of
state
shall
not
accept
a
certificate
34
of
deposit
and
issue
a
statement
for
it
and
the
department
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shall
not
accept
the
statement
a
certificate
of
deposit
unless
1
accompanied
by
evidence
that
there
are
no
unsatisfied
judgments
2
of
any
character
against
the
person
in
the
county
where
the
3
person
resides.
4
2.
Such
certificate
of
deposit
shall
be
held
by
the
5
treasurer
of
state
department
to
satisfy,
in
accordance
with
6
this
chapter
,
any
execution
on
a
judgment
issued
against
7
the
person
filing
the
certificate
of
deposit,
for
damages,
8
including
damages
for
care
and
loss
of
services,
because
of
9
bodily
injury
to
or
death
of
any
person,
or
for
damages
because
10
of
injury
to
or
destruction
of
property,
including
the
loss
of
11
use
of
property,
resulting
from
the
ownership,
maintenance,
12
use,
or
operation
of
a
motor
vehicle
after
the
certificate
of
13
deposit
was
filed.
A
certificate
of
deposit
so
filed
shall
not
14
be
subject
to
attachment
or
execution
unless
the
attachment
15
or
execution
arises
out
of
a
suit
for
damages
as
previously
16
provided
in
this
subsection
.
17
Sec.
10.
Section
321A.27,
Code
2011,
is
amended
to
read
as
18
follows:
19
321A.27
Substitution
of
proof.
20
The
department
shall
consent
to
the
cancellation
of
a
bond
21
or
certificate
of
insurance
or
the
department
shall
direct
and
22
the
treasurer
of
state
shall
return
a
certificate
of
deposit
23
to
the
person
entitled
to
the
certificate
of
deposit
upon
24
the
substitution
and
acceptance
of
other
adequate
proof
of
25
financial
responsibility
pursuant
to
this
chapter
.
26
Sec.
11.
Section
321A.29,
subsection
1,
unnumbered
27
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
28
The
department
shall
upon
request
consent
to
the
immediate
29
cancellation
of
a
bond
or
certificate
of
insurance,
or
the
30
department
shall
direct
and
the
treasurer
of
state
shall
return
31
to
the
person
entitled
thereto
a
certificate
of
deposit
filed
32
pursuant
to
this
chapter
as
proof
of
financial
responsibility,
33
or
the
department
shall
waive
the
requirement
of
filing
proof,
34
in
any
of
the
following
events:
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Sec.
12.
Section
321A.29,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
The
department
shall
not
consent
to
the
cancellation
3
of
a
bond
or
the
return
of
a
certificate
of
deposit
in
the
4
event
an
action
for
damages
upon
a
liability
covered
by
such
5
proof
is
then
pending
or
a
judgment
upon
any
such
liability
is
6
unsatisfied,
or
in
the
event
the
person
who
has
filed
such
bond
7
or
such
certificate
of
deposit
has
within
one
year
immediately
8
preceding
such
request
been
involved
as
an
operator
or
owner
in
9
any
motor
vehicle
accident
resulting
in
injury
or
damage
to
the
10
person
or
property
of
others.
An
affidavit
of
the
applicant
as
11
to
the
nonexistence
of
such
facts,
or
that
the
applicant
has
12
been
released
from
all
of
the
applicant’s
liability,
or
has
13
been
finally
adjudicated
not
to
be
liable,
for
such
injury
or
14
damage,
shall
be
sufficient
evidence
thereof
in
the
absence
of
15
evidence
to
the
contrary
in
the
records
of
the
department.
16
Sec.
13.
EMERGENCY
RULES.
The
department
of
transportation
17
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
18
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
19
section
321.196,
subsection
4,
paragraph
“c”,
as
enacted
in
20
this
Act,
and
the
rules
shall
be
effective
immediately
upon
21
filing
unless
a
later
date
is
specified
in
the
rules.
Any
22
rules
adopted
in
accordance
with
this
section
shall
also
be
23
published
as
a
notice
of
intended
action
as
provided
in
section
24
17A.4.
25
Sec.
14.
EFFECTIVE
UPON
ENACTMENT.
The
following
26
provisions
of
this
division
of
this
Act,
being
deemed
of
27
immediate
importance,
take
effect
upon
enactment:
28
1.
The
section
of
this
division
of
this
Act
amending
section
29
321.196,
subsection
4.
30
2.
The
section
of
this
division
of
this
Act
authorizing
the
31
adoption
of
emergency
rules.
32
DIVISION
II
33
VEHICLE
ENFORCEMENT
34
Sec.
15.
Section
321.52,
subsection
4,
paragraph
c,
Code
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2011,
is
amended
to
read
as
follows:
1
c.
A
salvage
theft
examination
shall
be
made
by
a
peace
2
officer
who
has
been
specially
certified
and
recertified
3
when
required
by
the
Iowa
law
enforcement
academy
department
4
to
do
salvage
theft
examinations
in
Iowa
.
The
Iowa
law
5
enforcement
academy
department
shall
determine
standards
for
6
training
and
certification
,
and
shall
conduct
training
,
and
7
may
approve
alternative
training
programs
which
satisfy
the
8
academy’s
standards
for
training
and
certification
.
The
owner
9
of
the
salvage
vehicle
shall
make
the
vehicle
available
for
10
examination
at
a
time
and
location
designated
by
the
peace
11
officer
doing
the
examination.
The
owner
may
obtain
a
permit
12
to
drive
the
vehicle
to
and
from
the
examination
location
by
13
submitting
a
repair
affidavit
to
the
agency
performing
the
14
examination
stating
that
the
vehicle
is
reasonably
safe
for
15
operation
and
listing
the
repairs
which
have
been
made
to
the
16
vehicle.
The
owner
must
be
present
for
the
examination
and
17
have
available
for
inspection
the
salvage
title,
bills
of
18
sale
for
all
essential
parts
changed,
if
applicable,
and
the
19
repair
affidavit.
The
examination
shall
be
for
the
purposes
20
of
determining
whether
the
vehicle
or
repair
components
have
21
been
stolen.
The
examination
is
not
a
safety
inspection
and
22
a
signed
salvage
theft
examination
certificate
shall
not
be
23
construed
by
any
court
of
law
to
be
a
certification
that
the
24
vehicle
is
safe
to
be
operated.
There
shall
be
no
cause
of
25
action
against
the
peace
officer
or
the
agency
conducting
26
the
examination
or
the
county
treasurer
for
failure
to
27
discover
or
note
safety
defects.
If
the
vehicle
passes
the
28
theft
examination,
the
peace
officer
shall
indicate
that
the
29
vehicle
passed
examination
on
the
salvage
theft
examination
30
certificate.
The
permit
and
salvage
theft
examination
31
certificate
shall
be
on
controlled
forms
prescribed
and
32
furnished
by
the
department.
The
owner
shall
pay
a
fee
of
33
thirty
dollars
upon
completion
of
the
examination.
The
agency
34
performing
the
examinations
shall
retain
twenty
dollars
of
the
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2169
fee
and
shall
pay
five
dollars
of
the
fee
to
the
department
1
and
,
notwithstanding
section
321.145,
five
dollars
of
the
fee
2
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
3
the
state.
Moneys
deposited
to
the
general
fund
under
this
4
paragraph
are
subject
to
the
requirements
of
section
8.60
5
and
shall
be
used
by
allocated
to
the
Iowa
law
enforcement
6
academy
to
provide
for
the
special
training,
certification,
and
7
recertification
of
officers
as
required
by
this
subsection
.
8
Sec.
16.
Section
321.52,
subsection
5,
Code
2011,
is
amended
9
to
read
as
follows:
10
5.
a.
The
department
shall
adopt
rules
in
accordance
with
11
chapter
17A
to
carry
out
this
section
.
12
b.
The
department
may
adopt
rules
providing
for
the
13
electronic
completion
and
issuance
of
salvage
vehicle
theft
14
examination
certificates
and
affidavits
along
with
the
15
electronic
payment
and
transfer
of
fees
collected
for
salvage
16
vehicle
theft
examinations.
17
Sec.
17.
Section
321.105A,
subsection
7,
Code
Supplement
18
2011,
is
amended
to
read
as
follows:
19
7.
Penalty
for
false
statement
or
evasion
of
fee
.
A
person
20
who
willfully
makes
a
false
statement
in
regard
to
the
purchase
21
price
of
a
vehicle
subject
to
a
fee
for
new
registration
or
22
willfully
attempts
in
any
manner
to
evade
payment
of
the
fee
23
required
by
this
section
is
guilty
of
a
fraudulent
practice.
24
A
person
who
willfully
makes
a
false
statement
in
regard
to
25
the
purchase
price
of
such
a
vehicle
with
the
intent
to
evade
26
payment
of
the
fee
for
new
registration
or
willfully
attempts
27
in
any
manner
to
evade
payment
of
the
fee
required
by
this
28
section
shall
be
assessed
a
penalty
of
seventy-five
percent
of
29
the
amount
of
the
fee
unpaid
and
required
to
be
paid
on
the
30
actual
purchase
price
less
trade-in
allowance.
31
Sec.
18.
Section
321.200A,
Code
2011,
is
amended
to
read
as
32
follows:
33
321.200A
Convictions
based
upon
fraud.
34
1.
If
a
person
discovers
a
record
of
conviction
for
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a
scheduled
violation
under
this
chapter
was
entered
by
1
fraudulent
use
of
the
person’s
name
or
by
use
of
other
2
fraudulent
identification,
the
person
may,
within
one
year
of
3
the
date
of
the
discovery
of
the
conviction,
submit
a
written
4
application
complaint
to
the
department
to
and
request
that
5
the
department
investigate
the
allegation.
The
department
6
may
summarily
reject
the
application
complaint
as
submitted
7
or
proceed
to
investigate
the
application
complaint
.
If
the
8
department
investigates
the
application,
the
department
may
9
either
deny
the
application
or,
if
the
department
determines
10
the
allegation
is
warranted,
approve
the
application.
If
11
the
department
investigates
the
application
complaint
,
the
12
department
shall
also
issue
complete
a
report
and
findings
with
13
the
decision
of
the
department
containing
the
investigative
14
results
.
The
rejection,
approval,
or
denial
of
an
application
15
refusal
to
investigate
a
complaint
is
not
subject
to
contested
16
case
proceedings
or
further
review
as
provided
in
chapter
17A
.
17
If
the
application
complaint
is
investigated,
the
department
18
shall
provide
the
applicant
person
who
submitted
the
complaint
19
with
a
certified
copy
of
the
decision
of
the
department
a
20
summary
of
the
investigative
report
upon
completion
of
the
21
investigation
.
If
the
department
approves
the
application,
the
22
department
shall
also
provide
the
applicant
with
a
certified
23
copy
of
the
investigative
report
and
findings.
The
department
24
shall
also
provide
certified
copies
of
the
department’s
25
decision
approving
or
denying
the
application
together
with
26
the
investigative
report
and
findings
to
the
appropriate
27
prosecuting
attorney
in
the
city
or
county
that
prosecuted
the
28
scheduled
violation
and
to
the
district
court
in
the
county
29
that
prosecuted
the
scheduled
violation.
The
department
30
may
electronically
provide
copies
of
any
decision
approving
31
or
denying
the
application
and
the
investigative
report
and
32
findings
to
the
district
court.
33
2.
A
person
who
discovers
that
a
record
of
conviction
34
for
a
scheduled
violation
under
this
chapter
was
entered
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by
fraudulent
use
of
the
person’s
name
or
by
use
of
other
1
fraudulent
identification
may
bypass
the
application
complaint
2
process
in
subsection
1
and
move
in
district
court
to
set
aside
3
the
judgment
of
conviction
within
one
year
of
discovery
of
the
4
conviction.
An
applicant
with
an
approved
application
A
person
5
who
follows
the
complaint
process
under
subsection
1
shall
and
6
obtains
an
investigative
report
from
the
department
may
also
7
move
in
district
court
to
set
aside
the
judgment
of
conviction
8
in
order
to
have
the
department
expunge
or
alter
the
records
of
9
the
department
or
rescind
or
modify
an
administrative
sanction.
10
If
the
district
court
grants
the
motion
to
set
aside
the
11
judgment,
the
district
court
shall
order
the
charging
agency
12
or
official
to
modify
the
records
of
the
agency
or
official
13
to
reflect
the
order
setting
aside
the
judgment.
The
clerk
14
of
the
district
court
shall
provide
the
court
order
setting
15
aside
the
judgment,
either
by
regular
mail
or
electronic
means,
16
to
the
charging
agency
or
official
,
and
the
department
of
17
transportation.
The
clerk
of
the
district
court
shall
also
18
provide
the
applicant
person
with
a
certified
copy
of
the
court
19
order
at
no
cost
to
the
applicant
person
.
20
3.
Notwithstanding
the
department’s
approval
of
an
21
application
pursuant
to
investigation
under
subsection
1
,
22
the
department
shall
not
expunge
or
alter
the
records
of
the
23
department
or
rescind
or
modify
an
administrative
sanction
24
unless
the
department
receives
an
order
from
the
district
25
court
setting
aside
the
previous
judgment
of
the
court
as
26
provided
in
subsection
2
.
Upon
receiving
a
copy
of
an
order
27
from
the
district
court
setting
aside
the
previous
judgment
of
28
the
court,
the
department
shall
expunge
the
record
and
shall
29
rescind
any
administrative
sanction
imposed
upon
the
applicant
30
person
as
a
result
of
the
judgment,
unless
the
applicant
person
31
is
subject
to
sanctions
for
other
reasons.
The
department
may
32
impose
a
new
sanction
if
expunging
the
judgment
would
result
in
33
a
lesser
or
different
sanction.
34
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
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to
implement
this
section
.
1
Sec.
19.
Section
321H.8,
subsection
1,
Code
2011,
is
amended
2
to
read
as
follows:
3
1.
A
person
convicted
of
violating
a
provision
of
this
4
chapter
is
guilty
of
a
serious
misdemeanor.
A
person
who
5
violates
any
of
the
provisions
of
this
chapter
for
which
a
6
penalty
is
not
specifically
provided
is
guilty
of
a
simple
7
misdemeanor
punishable
by
a
fine
of
not
less
than
two
hundred
8
fifty
dollars
nor
more
than
six
hundred
twenty-five
dollars
or
9
by
imprisonment
not
to
exceed
thirty
days.
10
Sec.
20.
Section
322.14,
subsection
1,
Code
2011,
is
amended
11
to
read
as
follows:
12
1.
A
person
who
violates
any
of
the
provisions
of
this
13
chapter
for
which
a
penalty
is
not
specifically
provided
is
14
guilty
of
a
simple
misdemeanor
punishable
by
a
fine
of
not
15
less
than
two
hundred
fifty
dollars
nor
more
than
one
thousand
16
five
six
hundred
twenty-five
dollars
or
by
imprisonment
not
to
17
exceed
thirty
days.
18
DIVISION
III
19
VEHICLE
AND
MOTOR
CARRIER
SERVICES
20
Sec.
21.
Section
321.40,
subsection
3,
Code
2011,
is
amended
21
to
read
as
follows:
22
3.
Registration
receipts
issued
for
renewals
shall
have
23
the
word
“renewal”
imprinted
thereon
and,
if
the
owner
making
24
a
renewal
application
has
been
issued
a
certificate
of
title,
25
the
title
number
shall
appear
on
the
registration
receipt.
26
The
word
“renewal”
shall
be
printed
on
registration
receipts
27
issued
for
renewals.
All
registration
receipts
for
renewals
28
shall
be
typewritten
or
printed
by
other
mechanical
means.
The
29
applicant
shall
receive
a
registration
receipt.
30
Sec.
22.
Section
321.166,
subsection
2,
Code
2011,
is
31
amended
to
read
as
follows:
32
2.
Every
registration
plate
or
pair
of
plates
shall
display
33
a
registration
plate
number
which
shall
consist
of
alphabetical
34
or
numerical
characters
or
a
combination
thereof
and
the
name
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of
this
state,
which
may
be
abbreviated.
Every
registration
1
plate
issued
by
the
county
treasurer
shall
display
the
name
2
of
the
county,
including
any
plate
issued
pursuant
to
section
3
321.34
,
except
Pearl
Harbor
and
purple
heart
registration
4
plates
issued
prior
to
January
1,
1997;
registration
plates
5
issued
pursuant
to
section
321.34,
subsection
13
,
paragraph
6
“d”
;
and
collegiate,
fire
fighter,
and
medal
of
honor
7
registration
plates.
Special
truck
registration
plates
shall
8
display
the
word
“special”
.
The
department
may
adopt
rules
to
9
implement
this
subsection
.
10
Sec.
23.
Section
322.5,
subsection
2,
paragraph
a,
11
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
12
(2)
Display,
offer
for
sale,
and
negotiate
sales
of
new
13
motor
vehicles
at
fair
events,
as
defined
in
chapter
174
,
14
vehicle
shows,
and
vehicle
exhibitions,
upon
application
for
15
and
receipt
of
a
temporary
permit
issued
by
the
department.
16
Such
activities
may
only
be
conducted
at
fair
events,
vehicle
17
shows,
and
vehicle
exhibitions
that
are
held
in
the
county
18
of
the
motor
vehicle
dealer’s
principal
place
of
business
19
community,
as
defined
in
section
322A.1,
for
the
vehicles
20
that
are
displayed
and
offered
for
sale
.
A
sale
of
a
motor
21
vehicle
by
a
motor
vehicle
dealer
shall
not
be
completed
and
an
22
agreement
for
the
sale
of
a
motor
vehicle
shall
not
be
signed
23
at
a
fair
event,
vehicle
show,
or
vehicle
exhibition.
All
24
such
sales
shall
be
consummated
at
the
motor
vehicle
dealer’s
25
principal
place
of
business.
26
Sec.
24.
Section
322.7A,
subsections
1,
2,
and
4,
Code
2011,
27
are
amended
to
read
as
follows:
28
1.
An
applicant
for
a
license
as
a
used
motor
vehicle
29
dealer
shall
complete
a
minimum
of
eight
hours
of
prelicensing
30
education
program
courses
in
the
twenty-four-month
period
31
immediately
preceding
the
application
for
license
pursuant
32
to
this
section
prior
to
submitting
an
application
to
the
33
department
.
34
2.
A
person
seeking
renewal
of
a
used
motor
vehicle
dealer
35
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license
shall
complete
a
minimum
of
five
hours
of
continuing
1
education
program
courses
over
a
two-year
period
in
the
2
twenty-four-month
period
immediately
preceding
the
expiration
3
of
the
person’s
license
pursuant
to
this
section
prior
to
4
submitting
an
application
for
license
renewal
.
However,
5
an
applicant
for
renewal
of
a
used
motor
vehicle
dealer
6
license
who
has
met
the
prelicensing
education
requirement
7
under
subsection
1
within
the
preceding
twenty-four
months
8
twenty-four-month
period
immediately
preceding
expiration
of
9
the
person’s
license
is
exempt
from
the
continuing
education
10
requirement
for
license
renewal.
11
4.
The
Iowa
independent
automobile
dealers
association,
12
in
consultation
with
the
state
department
of
transportation,
13
the
department
of
education,
the
attorney
general,
and
the
14
Iowa
association
of
community
college
trustees,
shall
develop
15
the
prelicensing
and
continuing
education
course
curricula
16
for
the
used
motor
vehicle
dealer
education
program,
which
17
shall
include
but
not
be
limited
to
examination
of
federal
18
and
state
laws
applicable
to
the
motor
vehicle
industry
and
19
federal
and
state
regulations
pertaining
to
used
motor
vehicle
20
dealers.
The
education
program
courses
shall
be
provided
by
21
community
colleges
as
defined
in
section
260C.2
or
by
the
Iowa
22
independent
automobile
dealers
association
in
conjunction
23
with
a
community
college.
The
department
of
education
shall
24
adopt
rules
establishing
reasonable
fees
to
be
charged
for
the
25
prelicensing
education
courses
and
the
continuing
education
26
courses.
27
Sec.
25.
Section
322.7A,
Code
2011,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
8.
The
department
of
education
shall
30
adopt
rules
establishing
reasonable
fees
to
be
charged
for
the
31
prelicensing
education
courses
and
the
continuing
education
32
courses.
The
department
of
transportation
may
adopt
rules
for
33
reinstatement
of
the
license
of
a
person
that
failed
to
meet
34
the
continuing
education
requirements
of
subsection
2.
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Sec.
26.
REPEAL.
Section
321.116,
Code
2011,
is
repealed.
1
Sec.
27.
APPLICABILITY.
The
section
of
this
division
of
2
this
Act
that
repeals
section
321.116
applies
for
registration
3
years
beginning
on
or
after
January
1,
2013.
4
DIVISION
IV
5
REPORT
REQUIREMENTS
6
Sec.
28.
Section
307.20,
subsection
1,
Code
2011,
is
amended
7
to
read
as
follows:
8
1.
A
biodiesel
and
biodiesel
blended
fuel
revolving
fund
9
is
created
in
the
state
treasury.
The
biodiesel
and
biodiesel
10
blended
fuel
revolving
fund
shall
be
administered
by
the
11
department
and
shall
consist
of
moneys
received
from
the
sale
12
of
EPAct
credits
banked
by
the
department
on
April
19,
2001,
13
moneys
appropriated
by
the
general
assembly,
and
any
other
14
moneys
obtained
or
accepted
by
the
department
for
deposit
in
15
the
fund.
Moneys
in
the
fund
are
appropriated
to
and
shall
16
be
used
by
the
department
for
the
purchase
of
biodiesel
and
17
biodiesel
blended
fuel
for
use
in
department
vehicles.
The
18
department
shall
submit
an
annual
report
not
later
than
January
19
31
to
the
members
of
the
general
assembly
and
the
legislative
20
services
agency,
of
the
expenditures
made
from
the
fund
during
21
the
preceding
fiscal
year.
Section
8.33
does
not
apply
to
22
any
moneys
in
the
fund
and,
notwithstanding
section
12C.7,
23
subsection
2
,
earnings
or
interest
on
moneys
deposited
in
the
24
fund
shall
be
credited
to
the
fund.
25
Sec.
29.
Section
307.21,
subsection
3,
Code
Supplement
26
2011,
is
amended
by
striking
the
subsection.
27
EXPLANATION
28
This
bill
contains
provisions
relating
to
a
variety
of
29
matters
regulated
by
the
department
of
transportation.
30
DIVISION
I
——
MOTOR
VEHICLE
OPERATORS.
Under
current
31
law,
a
person
who
is
required
to
file
proof
of
financial
32
responsibility
in
order
to
operate
a
motor
vehicle
may
do
so
33
by
filing
$55,000
with
the
treasurer
of
state
in
the
form
of
34
a
certificate
of
deposit
made
payable
jointly
to
the
person
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2169
and
the
treasurer
of
state.
The
bill
amends
Code
section
1
321A.25
to
provide
that
the
certificate
of
deposit
is
to
be
2
made
payable
to
the
department
of
transportation
and
filed
3
directly
with
the
department,
rather
than
with
the
treasurer
of
4
state.
The
bill
makes
conforming
amendments
to
the
definition
5
of
“financial
liability
coverage”
in
Code
section
321.1,
6
the
list
of
alternate
methods
of
filing
proof
of
financial
7
responsibility
contained
in
Code
section
321A.18,
and
related
8
provisions
in
Code
sections
321A.27
and
321A.29.
9
Code
section
321.196
is
amended
to
provide
that
when
the
10
department
renews
a
driver’s
license
electronically,
it
may
11
do
so
without
requiring
the
licensee
to
pass
a
vision
test
or
12
file
a
vision
report,
pursuant
to
rules
of
the
department.
The
13
bill
authorizes
the
adoption
of
emergency
rules
to
implement
14
this
provision.
The
amendment
to
Code
section
321.196
and
15
the
authorization
to
adopt
emergency
rules
are
effective
upon
16
enactment.
17
Under
current
law,
a
person
is
disqualified
from
operating
18
a
commercial
motor
vehicle
if
the
person
has
two
or
more
19
convictions
within
a
three-year
period
for
certain
specified
20
offenses
committed
while
operating
a
commercial
motor
vehicle
21
or
while
operating
a
noncommercial
motor
vehicle
and
holding
22
a
commercial
driver’s
license,
if
the
convictions
result
in
23
a
sanction
of
the
person’s
driving
privileges.
Code
section
24
321.208
is
amended
to
include
text
messaging
while
operating
a
25
commercial
motor
vehicle
as
one
of
those
specified
offenses.
26
Code
section
321.211
is
amended
by
striking
a
standing
27
$250,000
appropriation
to
the
department
intended
to
cover
the
28
cost
of
notice
and
personal
delivery
of
service
in
cases
of
29
driver’s
license
suspension.
The
bill
provides
that
license
30
reinstatement
fees
shall
be
used
to
help
defray
license
31
sanction
and
reinstatement
costs
rather
than
reimburse
the
32
department
for
the
costs
of
notice.
33
Code
section
321.257
is
amended
to
specify
the
meaning
of
an
34
official
traffic-control
signal
displaying
a
steady
red
arrow
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or
a
flashing
yellow
arrow.
The
steady
red
arrow
prohibits
1
vehicular
traffic
from
entering
the
intersection
to
make
the
2
movement
indicated
by
the
arrow,
but
does
not
permit
entering
3
the
intersection
to
make
another
movement
permitted
by
another
4
signal
indicator.
A
flashing
yellow
arrow
means
vehicular
5
traffic
may
cautiously
enter
the
intersection
only
to
make
the
6
movement
indicated
by
the
arrow
or
another
movement
permitted
7
by
other
signal
indicators
displayed
at
the
same
time.
8
Traffic
operating
under
a
flashing
yellow
arrow
must
yield
the
9
right-of-way
to
other
vehicles
and
pedestrians
lawfully
within
10
the
intersection.
11
The
bill
strikes
current
provisions
in
Code
section
12
321.258
which
specify
the
arrangement
of
lights
on
official
13
traffic-control
signals.
The
provisions
are
replaced
with
a
14
requirement
that
the
design,
color,
and
arrangement
of
lights
15
on
official
traffic-control
signals
be
in
accordance
with
the
16
manual
on
uniform
traffic-control
devices,
which
is
published
17
by
the
United
States
department
of
transportation
and
adopted
18
by
rule
by
the
state
department
of
transportation
to
apply
to
19
highways
in
the
state.
20
DIVISION
II
——
VEHICLE
ENFORCEMENT.
Code
section
321.52
is
21
amended
to
require
the
department,
rather
than
the
Iowa
law
22
enforcement
academy,
to
train
and
certify
peace
officers
who
23
conduct
salvage
vehicle
theft
examinations.
The
$5
portion
24
of
each
salvage
theft
examination
fee
which
currently
accrues
25
to
the
Iowa
law
enforcement
academy
to
provide
salvage
theft
26
examination
training
and
certification
will
continue
to
27
accrue
to
the
academy.
The
department
is
authorized
to
adopt
28
rules
providing
for
electronic
completion
and
issuance
of
29
certificates
and
affidavits
along
with
electronic
payment
and
30
transfer
of
fees
in
connection
with
salvage
theft
examinations.
31
Code
section
321.105A
is
amended
to
provide
that
a
person
32
who
willfully
attempts
to
evade
payment
of
the
fee
for
new
33
registration
is
guilty
of
a
fraudulent
practice.
In
addition
34
to
the
criminal
penalty,
the
person
shall
be
assessed
a
penalty
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of
75
percent
of
the
amount
of
the
fee
unpaid
and
required
to
be
1
paid.
These
are
the
same
penalties
that
currently
apply
for
2
making
a
false
statement
in
regard
to
the
purchase
price
of
a
3
vehicle
subject
to
a
fee
for
new
registration.
4
Code
section
321.200A
is
amended
to
modify
the
process
5
established
to
address
convictions
for
motor
vehicle
violations
6
that
are
based
upon
fraud.
The
term
“complaint”
is
substituted
7
for
“application”
to
describe
the
written
request
for
an
8
investigation
that
is
filed
with
the
department
by
a
person
9
alleging
that
a
record
of
conviction
for
a
scheduled
violation
10
was
entered
by
fraudulent
use
of
the
person’s
name
or
by
use
11
of
fraudulent
identification.
Under
the
complaint
process,
12
the
department
retains
its
existing
authority
to
accept
13
or
reject
a
person’s
request
for
an
investigation.
If
the
14
department
investigates
a
complaint,
it
must
provide
copies
of
15
the
report
to
the
prosecuting
attorney
in
the
city
or
county
16
that
prosecuted
the
scheduled
violation
and
to
the
applicable
17
district
court.
The
person
who
filed
the
complaint
is
entitled
18
to
receive
a
summary
of
the
department’s
investigative
report,
19
rather
than
a
certified
copy
of
the
full
report,
as
is
required
20
under
current
law.
21
Code
sections
321H.8
and
322.14
are
amended
to
align
penalty
22
provisions
for
vehicle
recyclers
with
those
of
motor
vehicle
23
dealers
and
to
lower
the
maximum
fine
for
a
simple
misdemeanor
24
violation
of
motor
vehicle
dealer
provisions.
Under
current
25
law,
a
person
convicted
of
violating
any
of
the
vehicle
26
recycler
provisions
contained
in
Code
chapter
321H
is
guilty
27
of
a
serious
misdemeanor,
and
a
person
convicted
of
violating
28
any
of
the
motor
vehicle
dealer
provisions
contained
in
Code
29
chapter
322
is
guilty
of
a
simple
misdemeanor
punishable
by
30
a
fine
of
not
less
than
$250
and
not
more
than
$1,500
or
by
31
imprisonment
for
up
to
30
days.
The
amendment
provides
that
32
the
default
penalty
for
a
violation
under
Code
chapter
321H
or
33
322
is
a
simple
misdemeanor
punishable
by
a
fine
of
not
less
34
than
$250
and
not
more
than
$625
or
by
imprisonment
for
up
to
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30
days.
1
DIVISION
III
——
VEHICLE
AND
MOTOR
CARRIER
SERVICES.
Code
2
section
321.40
is
amended
to
eliminate
the
requirement
that
the
3
title
number
from
a
vehicle’s
certificate
of
title
appear
on
4
the
registration
receipt
for
the
vehicle.
5
Code
section
321.116,
which
establishes
an
annual
6
registration
fee
of
$25
for
electric
motor
vehicles,
is
7
repealed.
As
a
result,
electric
motor
vehicles
will
be
subject
8
to
registration
fees
based
on
the
weight
and
value
of
the
9
vehicle.
The
change
applies
for
registration
years
beginning
10
on
or
after
January
1,
2013.
11
Code
section
321.166
is
amended
to
correspond
to
a
change
12
made
in
2011
legislation
eliminating
the
requirement
that
13
special
trucks
for
farm
use
be
issued
registration
plates
14
displaying
the
word
“special”.
15
Current
law
authorizes
the
department
to
issue
a
temporary
16
permit
allowing
a
motor
vehicle
dealer
to
display,
offer
for
17
sale,
and
negotiate
sales
of
new
motor
vehicles
at
fair
events,
18
vehicle
shows,
and
vehicle
exhibitions
held
in
the
county
where
19
the
dealer’s
principal
place
of
business
is
located.
The
bill
20
allows
such
a
permit
to
apply
to
fair
events,
vehicle
shows,
21
and
vehicle
exhibitions
held
anywhere
within
the
motor
vehicle
22
dealer’s
“community”
for
the
vehicles
displayed
or
offered
23
for
sale.
The
term
“community”
refers
to
the
motor
vehicle
24
franchisee’s
area
of
responsibility
as
stipulated
in
the
25
franchise
agreement.
26
Code
section
322.7A,
relating
to
education
requirements
27
for
used
motor
vehicle
dealers,
is
amended
to
specify
that
28
prelicensing
education
program
courses
must
be
completed
in
29
the
24-month
period
immediately
preceding
application
for
30
licensure.
In
addition,
continuing
education
program
courses
31
must
be
completed
in
the
24-month
period
immediately
preceding
32
the
expiration
of
the
person’s
license.
Current
law
does
not
33
specify
a
time
frame
for
completion
of
prelicensing
education
34
program
courses
and
allows
for
completion
of
continuing
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education
program
courses
over
a
two-year
period
preceding
1
application
for
license
renewal.
The
Code
section
is
also
2
amended
to
allow
the
department
to
adopt
rules
relating
to
the
3
reinstatement
of
licensees
who
fail
to
meet
the
continuing
4
education
requirements.
5
DIVISION
IV
——
REPORT
REQUIREMENTS.
Code
section
321.20
is
6
amended
by
striking
an
annual
reporting
requirement
regarding
7
expenditures
from
the
biodiesel
and
biodiesel
blended
fuel
8
revolving
fund.
9
Code
section
307.21
is
amended
by
striking
reporting
10
requirements
relating
to
the
department’s
purchases
of
plastic
11
products,
soybean-based
inks,
and
plastic
garbage
can
liners.
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