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 TLSB 5310SV (2) 84 dea/nh
S.F. 2169 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 35 -1- LSB 5310SV (2) 84 dea/nh 1/ 18
S.F. 2169 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. 35 -2- LSB 5310SV (2) 84 dea/nh 2/ 18
S.F. 2169 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 35 -3- LSB 5310SV (2) 84 dea/nh 3/ 18
S.F. 2169 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: 35 -4- LSB 5310SV (2) 84 dea/nh 4/ 18
S.F. 2169 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 35 -5- LSB 5310SV (2) 84 dea/nh 5/ 18
S.F. 2169 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 35 -6- LSB 5310SV (2) 84 dea/nh 6/ 18
S.F. 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 35 -7- LSB 5310SV (2) 84 dea/nh 7/ 18
S.F. 2169 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 35 -8- LSB 5310SV (2) 84 dea/nh 8/ 18
S.F. 2169 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 35 -9- LSB 5310SV (2) 84 dea/nh 9/ 18
S.F. 2169 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 35 -10- LSB 5310SV (2) 84 dea/nh 10/ 18
S.F. 2169 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 -11- LSB 5310SV (2) 84 dea/nh 11/ 18
S.F. 2169 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. 35 -12- LSB 5310SV (2) 84 dea/nh 12/ 18
S.F. 2169 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 35 -13- LSB 5310SV (2) 84 dea/nh 13/ 18
S.F. 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 35 -14- LSB 5310SV (2) 84 dea/nh 14/ 18
S.F. 2169 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 35 -15- LSB 5310SV (2) 84 dea/nh 15/ 18
S.F. 2169 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 35 -16- LSB 5310SV (2) 84 dea/nh 16/ 18
S.F. 2169 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 35 -17- LSB 5310SV (2) 84 dea/nh 17/ 18
S.F. 2169 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. 12 -18- LSB 5310SV (2) 84 dea/nh 18/ 18