Senate Study Bill 3109 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) 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 5310DP (7) 84 dea/nh

S.F. _____ H.F. _____ 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 5310DP (7) 84 dea/nh 1/ 18

S.F. _____ H.F. _____ 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 5310DP (7) 84 dea/nh 2/ 18

S.F. _____ H.F. _____ 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 5310DP (7) 84 dea/nh 3/ 18

S.F. _____ H.F. _____ 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 5310DP (7) 84 dea/nh 4/ 18

S.F. _____ H.F. _____ 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. Section 321M.3, Code 2011, is amended to read as 17 follows: 18 321M.3 Authorization to issue licenses. 19 Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Boone, 20 Bremer, Buchanan, Buena Vista, Butler, Calhoun, Carroll, 21 Cass, Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford, 22 Dallas, Davis, Decatur, Delaware, Dickinson, Emmet, Fayette, 23 Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, 24 Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, 25 Iowa, Jackson, Jasper, Jefferson, Jones, Keokuk, Kossuth, 26 Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, 27 Mitchell, Monona, Monroe, Montgomery, Muscatine, O’Brien, 28 Osceola, Page, Palo Alto, Plymouth, Pocahontas, Poweshiek, 29 Ringgold, Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren, 30 Warren, Washington, Wayne, Winnebago, Winneshiek, Worth, and 31 Wright counties shall be authorized to issue driver’s licenses, 32 nonoperator identification cards, and persons with disabilities 33 identification devices on a permanent basis, provided that 34 such counties continue to meet the department’s standards for 35 -5- LSB 5310DP (7) 84 dea/nh 5/ 18

S.F. _____ H.F. _____ issuance. 1 Sec. 14. EMERGENCY RULES. The department of transportation 2 may adopt emergency rules under section 17A.4, subsection 3, 3 and section 17A.5, subsection 2, paragraph “b”, to implement 4 section 321.196, subsection 4, paragraph “c”, as enacted in 5 this Act, and the rules shall be effective immediately upon 6 filing unless a later date is specified in the rules. Any 7 rules adopted in accordance with this section shall also be 8 published as a notice of intended action as provided in section 9 17A.4. 10 Sec. 15. EFFECTIVE UPON ENACTMENT. The following 11 provisions of this division of this Act, being deemed of 12 immediate importance, take effect upon enactment: 13 1. The section of this division of this Act amending section 14 321.196, subsection 4. 15 2. The section of this division of this Act authorizing the 16 adoption of emergency rules. 17 DIVISION II 18 VEHICLE ENFORCEMENT 19 Sec. 16. Section 321.52, subsection 4, paragraph c, Code 20 2011, is amended to read as follows: 21 c. A salvage theft examination shall be made by a peace 22 officer who has been specially certified and recertified 23 when required by the Iowa law enforcement academy department 24 to do salvage theft examinations in Iowa . The Iowa law 25 enforcement academy department shall determine standards for 26 training and certification , and shall conduct training , and 27 may approve alternative training programs which satisfy the 28 academy’s standards for training and certification . The owner 29 of the salvage vehicle shall make the vehicle available for 30 examination at a time and location designated by the peace 31 officer doing the examination. The owner may obtain a permit 32 to drive the vehicle to and from the examination location by 33 submitting a repair affidavit to the agency performing the 34 examination stating that the vehicle is reasonably safe for 35 -6- LSB 5310DP (7) 84 dea/nh 6/ 18

S.F. _____ H.F. _____ operation and listing the repairs which have been made to the 1 vehicle. The owner must be present for the examination and 2 have available for inspection the salvage title, bills of 3 sale for all essential parts changed, if applicable, and the 4 repair affidavit. The examination shall be for the purposes 5 of determining whether the vehicle or repair components have 6 been stolen. The examination is not a safety inspection and 7 a signed salvage theft examination certificate shall not be 8 construed by any court of law to be a certification that the 9 vehicle is safe to be operated. There shall be no cause of 10 action against the peace officer or the agency conducting 11 the examination or the county treasurer for failure to 12 discover or note safety defects. If the vehicle passes the 13 theft examination, the peace officer shall indicate that the 14 vehicle passed examination on the salvage theft examination 15 certificate. The permit and salvage theft examination 16 certificate shall be on controlled forms prescribed and 17 furnished by the department. The owner shall pay a fee of 18 thirty dollars upon completion of the examination. The agency 19 performing the examinations shall retain twenty dollars of the 20 fee and shall pay five dollars of the fee to the department 21 and , notwithstanding section 321.145, five dollars of the fee 22 to the treasurer of state for deposit in the general fund of 23 the state. Moneys deposited to the general fund under this 24 paragraph are subject to the requirements of section 8.60 25 and shall be used by allocated to the Iowa law enforcement 26 academy to provide for the special training, certification, and 27 recertification of officers as required by this subsection . 28 Sec. 17. Section 321.52, subsection 5, Code 2011, is amended 29 to read as follows: 30 5. a. The department shall adopt rules in accordance with 31 chapter 17A to carry out this section . 32 b. The department may adopt rules providing for the 33 electronic completion and issuance of salvage vehicle theft 34 examination certificates and affidavits along with the 35 -7- LSB 5310DP (7) 84 dea/nh 7/ 18

S.F. _____ H.F. _____ electronic payment and transfer of fees collected for salvage 1 vehicle theft examinations. 2 Sec. 18. Section 321.105A, subsection 7, Code Supplement 3 2011, is amended to read as follows: 4 7. Penalty for false statement or evasion of fee . A person 5 who willfully makes a false statement in regard to the purchase 6 price of a vehicle subject to a fee for new registration or 7 willfully attempts in any manner to evade payment of the fee 8 required by this section is guilty of a fraudulent practice. 9 A person who willfully makes a false statement in regard to 10 the purchase price of such a vehicle with the intent to evade 11 payment of the fee for new registration or willfully attempts 12 in any manner to evade payment of the fee required by this 13 section shall be assessed a penalty of seventy-five percent of 14 the amount of the fee unpaid and required to be paid on the 15 actual purchase price less trade-in allowance. 16 Sec. 19. Section 321.200A, Code 2011, is amended to read as 17 follows: 18 321.200A Convictions based upon fraud. 19 1. If a person discovers a record of conviction for 20 a scheduled violation under this chapter was entered by 21 fraudulent use of the person’s name or by use of other 22 fraudulent identification, the person may, within one year of 23 the date of the discovery of the conviction, submit a written 24 application complaint to the department to and request that 25 the department investigate the allegation. The department 26 may summarily reject the application complaint as submitted 27 or proceed to investigate the application complaint . If the 28 department investigates the application, the department may 29 either deny the application or, if the department determines 30 the allegation is warranted, approve the application. If 31 the department investigates the application complaint , the 32 department shall also issue complete a report and findings with 33 the decision of the department containing the investigative 34 results . The rejection, approval, or denial of an application 35 -8- LSB 5310DP (7) 84 dea/nh 8/ 18

S.F. _____ H.F. _____ refusal to investigate a complaint is not subject to contested 1 case proceedings or further review as provided in chapter 17A . 2 If the application complaint is investigated, the department 3 shall provide the applicant person who submitted the complaint 4 with a certified copy of the decision of the department a 5 summary of the investigative report upon completion of the 6 investigation . If the department approves the application, the 7 department shall also provide the applicant with a certified 8 copy of the investigative report and findings. The department 9 shall also provide certified copies of the department’s 10 decision approving or denying the application together with 11 the investigative report and findings to the appropriate 12 prosecuting attorney in the city or county that prosecuted the 13 scheduled violation and to the district court in the county 14 that prosecuted the scheduled violation. The department 15 may electronically provide copies of any decision approving 16 or denying the application and the investigative report and 17 findings to the district court. 18 2. A person who discovers that a record of conviction 19 for a scheduled violation under this chapter was entered 20 by fraudulent use of the person’s name or by use of other 21 fraudulent identification may bypass the application complaint 22 process in subsection 1 and move in district court to set aside 23 the judgment of conviction within one year of discovery of the 24 conviction. An applicant with an approved application A person 25 who follows the complaint process under subsection 1 shall and 26 obtains an investigative report from the department may also 27 move in district court to set aside the judgment of conviction 28 in order to have the department expunge or alter the records of 29 the department or rescind or modify an administrative sanction. 30 If the district court grants the motion to set aside the 31 judgment, the district court shall order the charging agency 32 or official to modify the records of the agency or official 33 to reflect the order setting aside the judgment. The clerk 34 of the district court shall provide the court order setting 35 -9- LSB 5310DP (7) 84 dea/nh 9/ 18

S.F. _____ H.F. _____ aside the judgment, either by regular mail or electronic means, 1 to the charging agency or official , and the department of 2 transportation. The clerk of the district court shall also 3 provide the applicant person with a certified copy of the court 4 order at no cost to the applicant person . 5 3. Notwithstanding the department’s approval of an 6 application pursuant to investigation under subsection 1 , 7 the department shall not expunge or alter the records of the 8 department or rescind or modify an administrative sanction 9 unless the department receives an order from the district 10 court setting aside the previous judgment of the court as 11 provided in subsection 2 . Upon receiving a copy of an order 12 from the district court setting aside the previous judgment of 13 the court, the department shall expunge the record and shall 14 rescind any administrative sanction imposed upon the applicant 15 person as a result of the judgment, unless the applicant person 16 is subject to sanctions for other reasons. The department may 17 impose a new sanction if expunging the judgment would result in 18 a lesser or different sanction. 19 4. The department shall adopt rules pursuant to chapter 17A 20 to implement this section . 21 Sec. 20. Section 321H.8, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. A person convicted of violating a provision of this 24 chapter is guilty of a serious misdemeanor. A person who 25 violates any of the provisions of this chapter for which a 26 penalty is not specifically provided is guilty of a simple 27 misdemeanor punishable by a fine of not less than two hundred 28 fifty dollars nor more than six hundred twenty-five dollars or 29 by imprisonment not to exceed thirty days. 30 Sec. 21. Section 322.14, subsection 1, Code 2011, is amended 31 to read as follows: 32 1. A person who violates any of the provisions of this 33 chapter for which a penalty is not specifically provided is 34 guilty of a simple misdemeanor punishable by a fine of not 35 -10- LSB 5310DP (7) 84 dea/nh 10/ 18

S.F. _____ H.F. _____ less than two hundred fifty dollars nor more than one thousand 1 five six hundred twenty-five dollars or by imprisonment not to 2 exceed thirty days. 3 DIVISION III 4 VEHICLE AND MOTOR CARRIER SERVICES 5 Sec. 22. Section 321.40, subsection 3, Code 2011, is amended 6 to read as follows: 7 3. Registration receipts issued for renewals shall have 8 the word “renewal” imprinted thereon and, if the owner making 9 a renewal application has been issued a certificate of title, 10 the title number shall appear on the registration receipt. 11 The word “renewal” shall be printed on registration receipts 12 issued for renewals. All registration receipts for renewals 13 shall be typewritten or printed by other mechanical means. The 14 applicant shall receive a registration receipt. 15 Sec. 23. Section 321.166, subsection 2, Code 2011, is 16 amended to read as follows: 17 2. Every registration plate or pair of plates shall display 18 a registration plate number which shall consist of alphabetical 19 or numerical characters or a combination thereof and the name 20 of this state, which may be abbreviated. Every registration 21 plate issued by the county treasurer shall display the name 22 of the county, including any plate issued pursuant to section 23 321.34 , except Pearl Harbor and purple heart registration 24 plates issued prior to January 1, 1997; registration plates 25 issued pursuant to section 321.34, subsection 13 , paragraph 26 “d” ; and collegiate, fire fighter, and medal of honor 27 registration plates. Special truck registration plates shall 28 display the word “special” . The department may adopt rules to 29 implement this subsection . 30 Sec. 24. Section 322.7A, subsections 1, 2, and 4, Code 2011, 31 are amended to read as follows: 32 1. An applicant for a license as a used motor vehicle 33 dealer shall complete a minimum of eight hours of prelicensing 34 education program courses in the twenty-four-month period 35 -11- LSB 5310DP (7) 84 dea/nh 11/ 18

S.F. _____ H.F. _____ immediately preceding the application for license pursuant 1 to this section prior to submitting an application to the 2 department . 3 2. A person seeking renewal of a used motor vehicle dealer 4 license shall complete a minimum of five hours of continuing 5 education program courses over a two-year period in the 6 twenty-four-month period immediately preceding the expiration 7 of the person’s license pursuant to this section prior to 8 submitting an application for license renewal . However, 9 an applicant for renewal of a used motor vehicle dealer 10 license who has met the prelicensing education requirement 11 under subsection 1 within the preceding twenty-four months 12 twenty-four-month period immediately preceding expiration of 13 the person’s license is exempt from the continuing education 14 requirement for license renewal. 15 4. The Iowa independent automobile dealers association, 16 in consultation with the state department of transportation, 17 the department of education, the attorney general, and the 18 Iowa association of community college trustees, shall develop 19 the prelicensing and continuing education course curricula 20 for the used motor vehicle dealer education program, which 21 shall include but not be limited to examination of federal 22 and state laws applicable to the motor vehicle industry and 23 federal and state regulations pertaining to used motor vehicle 24 dealers. The education program courses shall be provided by 25 community colleges as defined in section 260C.2 or by the Iowa 26 independent automobile dealers association in conjunction 27 with a community college. The department of education shall 28 adopt rules establishing reasonable fees to be charged for the 29 prelicensing education courses and the continuing education 30 courses. 31 Sec. 25. Section 322.7A, Code 2011, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 8. The department of education shall 34 adopt rules establishing reasonable fees to be charged for the 35 -12- LSB 5310DP (7) 84 dea/nh 12/ 18

S.F. _____ H.F. _____ prelicensing education courses and the continuing education 1 courses. The department of transportation may adopt rules for 2 reinstatement of the license of a person that failed to meet 3 the continuing education requirements of subsection 2. 4 Sec. 26. REPEAL. Section 321.116, Code 2011, is repealed. 5 Sec. 27. APPLICABILITY. The section of this division of 6 this Act that repeals section 321.116 applies for registration 7 years beginning on or after January 1, 2013. 8 DIVISION IV 9 REPORT REQUIREMENTS 10 Sec. 28. Section 307.20, subsection 1, Code 2011, is amended 11 to read as follows: 12 1. A biodiesel and biodiesel blended fuel revolving fund 13 is created in the state treasury. The biodiesel and biodiesel 14 blended fuel revolving fund shall be administered by the 15 department and shall consist of moneys received from the sale 16 of EPAct credits banked by the department on April 19, 2001, 17 moneys appropriated by the general assembly, and any other 18 moneys obtained or accepted by the department for deposit in 19 the fund. Moneys in the fund are appropriated to and shall 20 be used by the department for the purchase of biodiesel and 21 biodiesel blended fuel for use in department vehicles. The 22 department shall submit an annual report not later than January 23 31 to the members of the general assembly and the legislative 24 services agency, of the expenditures made from the fund during 25 the preceding fiscal year. Section 8.33 does not apply to 26 any moneys in the fund and, notwithstanding section 12C.7, 27 subsection 2 , earnings or interest on moneys deposited in the 28 fund shall be credited to the fund. 29 Sec. 29. Section 307.21, subsection 3, Code Supplement 30 2011, is amended by striking the subsection. 31 EXPLANATION 32 This bill contains provisions relating to a variety of 33 matters regulated by the department of transportation. 34 DIVISION I —— MOTOR VEHICLE OPERATORS. Under current 35 -13- LSB 5310DP (7) 84 dea/nh 13/ 18

S.F. _____ H.F. _____ law, a person who is required to file proof of financial 1 responsibility in order to operate a motor vehicle may do so 2 by filing $55,000 with the treasurer of state in the form of 3 a certificate of deposit made payable jointly to the person 4 and the treasurer of state. The bill amends Code section 5 321A.25 to provide that the certificate of deposit is to be 6 made payable to the department of transportation and filed 7 directly with the department, rather than with the treasurer of 8 state. The bill makes conforming amendments to the definition 9 of “financial liability coverage” in Code section 321.1, 10 the list of alternate methods of filing proof of financial 11 responsibility contained in Code section 321A.18, and related 12 provisions in Code sections 321A.27 and 321A.29. 13 Code section 321.196 is amended to provide that when the 14 department renews a driver’s license electronically, it may 15 do so without requiring the licensee to pass a vision test or 16 file a vision report, pursuant to rules of the department. The 17 bill authorizes the adoption of emergency rules to implement 18 this provision. The amendment to Code section 321.196 and 19 the authorization to adopt emergency rules are effective upon 20 enactment. 21 Under current law, a person is disqualified from operating 22 a commercial motor vehicle if the person has two or more 23 convictions within a three-year period for certain specified 24 offenses committed while operating a commercial motor vehicle 25 or while operating a noncommercial motor vehicle and holding 26 a commercial driver’s license, if the convictions result in 27 a sanction of the person’s driving privileges. Code section 28 321.208 is amended to include text messaging while operating a 29 commercial motor vehicle as one of those specified offenses. 30 Code section 321.211 is amended by striking a standing 31 $250,000 appropriation to the department intended to cover the 32 cost of notice and personal delivery of service in cases of 33 driver’s license suspension. The bill provides that license 34 reinstatement fees shall be used to help defray license 35 -14- LSB 5310DP (7) 84 dea/nh 14/ 18

S.F. _____ H.F. _____ sanction and reinstatement costs rather than reimburse the 1 department for the costs of notice. 2 Code section 321.257 is amended to specify the meaning of an 3 official traffic-control signal displaying a steady red arrow 4 or a flashing yellow arrow. The steady red arrow prohibits 5 vehicular traffic from entering the intersection to make the 6 movement indicated by the arrow, but does not permit entering 7 the intersection to make another movement permitted by another 8 signal indicator. A flashing yellow arrow means vehicular 9 traffic may cautiously enter the intersection only to make the 10 movement indicated by the arrow or another movement permitted 11 by other signal indicators displayed at the same time. 12 Traffic operating under a flashing yellow arrow must yield the 13 right-of-way to other vehicles and pedestrians lawfully within 14 the intersection. 15 The bill strikes current provisions in Code section 16 321.258 which specify the arrangement of lights on official 17 traffic-control signals. The provisions are replaced with a 18 requirement that the design, color, and arrangement of lights 19 on official traffic-control signals be in accordance with the 20 manual on uniform traffic-control devices, which is published 21 by the United States department of transportation and adopted 22 by rule by the state department of transportation to apply to 23 highways in the state. 24 Code section 321M.3 is amended to allow Carroll and 25 Muscatine counties to participate in county issuance of 26 driver’s licenses, nonoperator identification cards, and 27 persons with disabilities identification devices. 28 DIVISION II —— VEHICLE ENFORCEMENT. Code section 321.52 is 29 amended to require the department, rather than the Iowa law 30 enforcement academy, to train and certify peace officers who 31 conduct salvage vehicle theft examinations. The $5 portion 32 of each salvage theft examination fee which currently accrues 33 to the Iowa law enforcement academy to provide salvage theft 34 examination training and certification will continue to 35 -15- LSB 5310DP (7) 84 dea/nh 15/ 18

S.F. _____ H.F. _____ accrue to the academy. The department is authorized to adopt 1 rules providing for electronic completion and issuance of 2 certificates and affidavits along with electronic payment and 3 transfer of fees in connection with salvage theft examinations. 4 Code section 321.105A is amended to provide that a person 5 who willfully attempts to evade payment of the fee for new 6 registration is guilty of a fraudulent practice. In addition 7 to the criminal penalty, the person shall be assessed a penalty 8 of 75 percent of the amount of the fee unpaid and required to be 9 paid. These are the same penalties that currently apply for 10 making a false statement in regard to the purchase price of a 11 vehicle subject to a fee for new registration. 12 Code section 321.200A is amended to modify the process 13 established to address convictions for motor vehicle violations 14 that are based upon fraud. The term “complaint” is substituted 15 for “application” to describe the written request for an 16 investigation that is filed with the department by a person 17 alleging that a record of conviction for a scheduled violation 18 was entered by fraudulent use of the person’s name or by use 19 of fraudulent identification. Under the complaint process, 20 the department retains its existing authority to accept 21 or reject a person’s request for an investigation. If the 22 department investigates a complaint, it must provide copies of 23 the report to the prosecuting attorney in the city or county 24 that prosecuted the scheduled violation and to the applicable 25 district court. The person who filed the complaint is entitled 26 to receive a summary of the department’s investigative report, 27 rather than a certified copy of the full report, as is required 28 under current law. 29 Code sections 321H.8 and 322.14 are amended to align penalty 30 provisions for vehicle recyclers with those of motor vehicle 31 dealers and to lower the maximum fine for a simple misdemeanor 32 violation of motor vehicle dealer provisions. Under current 33 law, a person convicted of violating any of the vehicle 34 recycler provisions contained in Code chapter 321H is guilty 35 -16- LSB 5310DP (7) 84 dea/nh 16/ 18

S.F. _____ H.F. _____ of a serious misdemeanor, and a person convicted of violating 1 any of the motor vehicle dealer provisions contained in Code 2 chapter 322 is guilty of a simple misdemeanor punishable by 3 a fine of not less than $250 and not more than $1,500 or by 4 imprisonment for up to 30 days. The amendment provides that 5 the default penalty for a violation under Code chapter 321H or 6 322 is a simple misdemeanor punishable by a fine of not less 7 than $250 and not more than $625 or by imprisonment for up to 8 30 days. 9 DIVISION III —— VEHICLE AND MOTOR CARRIER SERVICES. Code 10 section 321.40 is amended to eliminate the requirement that the 11 title number from a vehicle’s certificate of title appear on 12 the registration receipt for the vehicle. 13 Code section 321.116, which establishes an annual 14 registration fee of $25 for electric motor vehicles, is 15 repealed. As a result, electric motor vehicles will be subject 16 to registration fees based on the weight and value of the 17 vehicle. The change applies for registration years beginning 18 on or after January 1, 2013. 19 Code section 321.166 is amended to correspond to a change 20 made in 2011 legislation eliminating the requirement that 21 special trucks for farm use be issued registration plates 22 displaying the word “special”. 23 Code section 322.7A, relating to education requirements 24 for used motor vehicle dealers, is amended to specify that 25 prelicensing education program courses must be completed in 26 the 24-month period immediately preceding application for 27 licensure. In addition, continuing education program courses 28 must be completed in the 24-month period immediately preceding 29 the expiration of the person’s license. Current law does not 30 specify a time frame for completion of prelicensing education 31 program courses and allows for completion of continuing 32 education program courses over a two-year period preceding 33 application for license renewal. The Code section is also 34 amended to allow the department to adopt rules relating to the 35 -17- LSB 5310DP (7) 84 dea/nh 17/ 18

S.F. _____ H.F. _____ reinstatement of licensees who fail to meet the continuing 1 education requirements. 2 DIVISION IV —— REPORT REQUIREMENTS. Code section 321.20 is 3 amended by striking an annual reporting requirement regarding 4 expenditures from the biodiesel and biodiesel blended fuel 5 revolving fund. 6 Code section 307.21 is amended by striking reporting 7 requirements relating to the department’s purchases of plastic 8 products, soybean-based inks, and plastic garbage can liners. 9 -18- LSB 5310DP (7) 84 dea/nh 18/ 18