SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF TRANSPORTATION BILL)

A BILL FOR

An Act relating to matters under the purview of the department of transportation, including provisions concerning the regulation of motor vehicles and motor vehicle dealers, the licensing and regulation of motor vehicle operators, and administrative reporting requirements, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

MOTOR VEHICLE OPERATORS
    Section 1.  Section 321.1, subsection 24B, paragraph c, Code Supplement 2011, is amended to read as follows:
   c.  A valid statement issued by the treasurer of state pursuant to
 
certificate of deposit filed with the department as provided in section 321A.25 attesting to the filing of a certificate of deposit with the treasurer of state.
    Sec. 2.  Section 321.196, subsection 4, Code 2011, is amended to read as follows:
   4.  The department in its discretion may authorize the renewal of a valid driver’s license other than a commercial driver’s license upon application without an examination provided that the applicant
 
meets one of the following conditions:
   a.  The applicant
 
satisfactorily passes a vision test as prescribed by the department or.
   b.  The applicant
 
files a vision report in accordance with section 321.186A which shows that the applicant’s visual acuity level meets or exceeds those required by the department.
   c.  The applicant is eligible for license renewal electronically, pursuant to rules adopted by the department.
   4A.  An application for renewal of a driver’s license shall include a statement for the applicant to sign that acknowledges the applicant’s knowledge of the requirement to notify the department of a mailing address change under section 321.182, subsection 1.
    Sec. 3.  Section 321.208, subsection 6, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  Using a hand-held electronic device to write, send, or read a text message in violation of section 321.276 while operating a commercial motor vehicle.
    Sec. 4.  Section 321.211, subsection 2, Code 2011, is amended to read as follows:
   2.  There is appropriated each year from the road use tax fund to the department of transportation two hundred twenty-five thousand dollars or as much thereof as is necessary to be used to pay the cost of notice and personal delivery of service, as necessary to meet the notice requirement of this section. The department shall adopt rules governing the payment of the cost of personal delivery of service
 
of notice. The reinstatement fees collected under section 321.191 shall be deposited in the road use tax fund in the manner provided in section 321.145, as reimbursement for
 
to help defray the costs of notice under this section
 
incurred in the driver’s license sanction and reinstatement process.
    Sec. 5.  Section 321.257, subsection 2, paragraph f, Code Supplement 2011, is amended to read as follows:
   f.  A “flashing
 
circular yellow” light means vehicular traffic shall proceed through the intersection or past such signal with caution.
    Sec. 6.  Section 321.257, subsection 2, Code Supplement 2011, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0d.  A “steady red arrow” light shown alone or with another official traffic-control signal means vehicular traffic shall not enter the intersection to make the movement indicated by the arrow. A steady red arrow light does not prohibit entering the intersection to make another movement permitted by another signal indicator. A steady red arrow light is intended to prohibit traffic, except pedestrians directed by a pedestrian signal, from entering the intersection to make the indicated turn.
   NEW PARAGRAPH.  0g.  A “flashing yellow arrow” light shown alone or with another official traffic-control signal means vehicular traffic may cautiously enter the intersection only to make the movement indicated by the arrow, or other such movement as permitted by other signal indicators displayed at the same time. Vehicular traffic proceeding under a flashing yellow arrow light shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection.
    Sec. 7.  Section 321.258, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   321.258  Arrangement of lights on official traffic-control signals.
   The design, color, and arrangement of lights placed on an official traffic control signal shall be in conformance with the manual on uniform traffic-control devices adopted pursuant to section 321.252.
    Sec. 8.  Section 321A.18, subsection 3, Code 2011, is amended to read as follows:
   3.  A statement issued by the treasurer of state attesting to the filing of a certificate of deposit with the treasurer of state as provided in section 321A.25.
    Sec. 9.  Section 321A.25, Code 2011, is amended to read as follows:
   321A.25  Certificate of deposit as proof.
   1.  Proof of financial responsibility may be evidenced by the statement of the treasurer of state that the person named in the statement has filed
 
filing with the treasurer of state
 
department fifty-five thousand dollars in the form of an endorsed
 
a certificate of deposit made payable jointly to the person and the treasurer of state
 
department. The certificate of deposit shall be obtained from an Iowa financial institution in the amount of fifty-five thousand dollars plus any early withdrawal penalty fee. The treasurer of state shall promptly notify the director of transportation of the name and address of the person to whom the statement has been issued. Upon receipt of the notification
 
certificate of deposit, the director of transportation
 
department shall issue to the person a security insurance card for each motor vehicle registered in this state by the person. The security insurance card shall state the name and address of the person and the registration number of the motor vehicle for which the card is issued. The treasurer of state shall not accept a certificate of deposit and issue a statement for it and the department shall not accept the statement
 
a certificate of deposit unless accompanied by evidence that there are no unsatisfied judgments of any character against the person in the county where the person resides.
   2.  Such certificate of deposit shall be held by the treasurer of state
 
department to satisfy, in accordance with this chapter, any execution on a judgment issued against the person filing the certificate of deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of property, resulting from the ownership, maintenance, use, or operation of a motor vehicle after the certificate of deposit was filed. A certificate of deposit so filed shall not be subject to attachment or execution unless the attachment or execution arises out of a suit for damages as previously provided in this subsection.
    Sec. 10.  Section 321A.27, Code 2011, is amended to read as follows:
   321A.27  Substitution of proof.
   The department shall consent to the cancellation of a bond or certificate of insurance or the department shall direct and the treasurer of state shall return a certificate of deposit to the person entitled to the certificate of deposit upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
    Sec. 11.  Section 321A.29, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The department shall upon request consent to the immediate cancellation of a bond or certificate of insurance, or the department shall direct and the treasurer of state shall return to the person entitled thereto a certificate of deposit filed pursuant to this chapter as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:
    Sec. 12.  Section 321A.29, subsection 2, Code 2011, is amended to read as follows:
   2.  The department shall not consent to the cancellation of a bond or the return of a certificate of deposit in the event an action for damages upon a liability covered by such proof is then pending or a judgment upon any such liability is unsatisfied, or in the event the person who has filed such bond or such certificate of deposit has within one year immediately preceding such request been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that the applicant has been released from all of the applicant’s liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
    Sec. 13.  Section 321M.3, Code 2011, is amended to read as follows:
   321M.3  Authorization to issue licenses.
   Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun,
 
Carroll, Cass, Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford, Dallas, Davis, Decatur, Delaware, Dickinson, Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Jones, Keokuk, Kossuth, Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, Mitchell, Monona, Monroe, Montgomery,
 
Muscatine, O’Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Poweshiek, Ringgold, Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren, Warren, Washington, Wayne, Winnebago, Winneshiek, Worth, and Wright counties shall be authorized to issue driver’s licenses, nonoperator identification cards, and persons with disabilities identification devices on a permanent basis, provided that such counties continue to meet the department’s standards for issuance.
    Sec. 14.  EMERGENCY RULES.  The department of transportation may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement section 321.196, subsection 4, paragraph “c”, as enacted in this Act, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 15.  EFFECTIVE UPON ENACTMENT.  The following provisions of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act amending section 321.196, subsection 4.
   2.  The section of this division of this Act authorizing the adoption of emergency rules.

DIVISION II

VEHICLE ENFORCEMENT
    Sec. 16.  Section 321.52, subsection 4, paragraph c, Code 2011, is amended to read as follows:
   c.  A salvage theft examination shall be made by a peace officer who has been specially certified and recertified when required by the Iowa law enforcement academy
 
department to do salvage theft examinations
 
in Iowa. The Iowa law enforcement academy
 
department shall determine standards for training and certification,
 
and shall conduct training, and may approve alternative training programs which satisfy the academy’s standards for training and certification. The owner of the salvage vehicle shall make the vehicle available for examination at a time and location designated by the peace officer doing the examination. The owner may obtain a permit to drive the vehicle to and from the examination location by submitting a repair affidavit to the agency performing the examination stating that the vehicle is reasonably safe for operation and listing the repairs which have been made to the vehicle. The owner must be present for the examination and have available for inspection the salvage title, bills of sale for all essential parts changed, if applicable, and the repair affidavit. The examination shall be for the purposes of determining whether the vehicle or repair components have been stolen. The examination is not a safety inspection and a signed salvage theft examination certificate shall not be construed by any court of law to be a certification that the vehicle is safe to be operated. There shall be no cause of action against the peace officer or the agency conducting the examination or the county treasurer for failure to discover or note safety defects. If the vehicle passes the theft examination, the peace officer shall indicate that the vehicle passed examination on the salvage theft examination certificate. The permit and salvage theft examination certificate shall be on controlled forms prescribed and furnished by the department. The owner shall pay a fee of thirty dollars upon completion of the examination. The agency performing the examinations shall retain twenty dollars of the fee and shall pay five dollars of the fee to the department and, notwithstanding section 321.145, five dollars of the fee to the treasurer of state for deposit in the general fund of the state. Moneys deposited to the general fund under this paragraph are subject to the requirements of section 8.60 and shall be used by
 
allocated to the Iowa law enforcement academy to provide for the special training, certification, and recertification of officers as required by this subsection.
    Sec. 17.  Section 321.52, subsection 5, Code 2011, is amended to read as follows:
   5.
  a.  The department shall adopt rules in accordance with chapter 17A to carry out this section.
   b.  The department may adopt rules providing for the electronic completion and issuance of salvage vehicle theft examination certificates and affidavits along with the electronic payment and transfer of fees collected for salvage vehicle theft examinations.
    Sec. 18.  Section 321.105A, subsection 7, Code Supplement 2011, is amended to read as follows:
   7.  Penalty for false statement
 
or evasion of fee.  A person who willfully makes a false statement in regard to the purchase price of a vehicle subject to a fee for new registration
 
or willfully attempts in any manner to evade payment of the fee required by this section is guilty of a fraudulent practice. A person who willfully makes a false statement in regard to the purchase price of such a vehicle with the intent to evade payment of the fee for new registration
 
or willfully attempts in any manner to evade payment of the fee required by this section shall be assessed a penalty of seventy-five percent of the amount of the fee unpaid and required to be paid on the actual purchase price less trade-in allowance.
    Sec. 19.  Section 321.200A, Code 2011, is amended to read as follows:
   321.200A  Convictions based upon fraud.
   1.  If a person discovers a record of conviction for a scheduled violation under this chapter was entered by fraudulent use of the person’s name or by use of other fraudulent identification, the person may, within one year of the date of the discovery of the conviction, submit a written application
 
complaint to the department to
 
and request that the department investigate the allegation. The department may summarily reject the application
 
complaint as submitted or proceed to investigate the application
 
complaint. If the department investigates the application, the department may either deny the application or, if the department determines the allegation is warranted, approve the application. If the department investigates the application
 
complaint, the department shall also issue
 
complete a report and findings with the decision of the department
 
containing the investigative results. The rejection, approval, or denial of an application
 
refusal to investigate a complaint is not subject to contested case proceedings or further review as provided in chapter 17A. If the application
 
complaint is investigated, the department shall provide the applicant
 
person who submitted the complaint with a certified copy of the decision of the department
 
a summary of the investigative report upon completion of the investigation. If the department approves the application, the department shall also provide the applicant with a certified copy of the investigative report and findings. The department shall also provide certified copies of the department’s decision approving or denying the application together with the investigative report and findings to the appropriate prosecuting attorney in the city or county that prosecuted the scheduled violation and to the district court in the county that prosecuted the scheduled violation. The department may electronically provide copies of any decision approving or denying the application and the investigative report and findings to the district court.
   2.  A person who discovers that a record of conviction for a scheduled violation under this chapter was entered by fraudulent use of the person’s name or by use of other fraudulent identification may bypass the application
 
complaint process in subsection 1 and move in district court to set aside the judgment of conviction within one year of discovery of the conviction. An applicant with an approved application
 
A person who follows the complaint process under subsection 1 shall
 
and obtains an investigative report from the department may also move in district court to set aside the judgment of conviction in order to have the department expunge or alter the records of the department or rescind or modify an administrative sanction. If the district court grants the motion to set aside the judgment, the district court shall order the charging agency or official to modify the records of the agency or official to reflect the order setting aside the judgment. The clerk of the district court shall provide the court order setting aside the judgment, either by regular mail or electronic means, to the charging agency or official, and the department of transportation. The clerk of the district court shall also provide the applicant
 
person with a certified copy of the court order at no cost to the applicant
 
person.
   3.  Notwithstanding the department’s approval of an application pursuant to
 
investigation under subsection 1, the department shall not expunge or alter the records of the department or rescind or modify an administrative sanction unless the department receives an order from the district court setting aside the previous judgment of the court as provided in subsection 2. Upon receiving a copy of an order from the district court setting aside the previous judgment of the court, the department shall expunge the record and shall rescind any administrative sanction imposed upon the applicant
 
person as a result of the judgment, unless the applicant
 
person is subject to sanctions for other reasons. The department may impose a new sanction if expunging the judgment would result in a lesser or different sanction.
   4.  The department shall adopt rules pursuant to chapter 17A to implement this section.
    Sec. 20.  Section 321H.8, subsection 1, Code 2011, is amended to read as follows:
   1.  A person convicted of violating a provision of this chapter is guilty of a serious misdemeanor.

A person who violates any of the provisions of this chapter for which a penalty is not specifically provided is guilty of a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than six hundred twenty-five dollars or by imprisonment not to exceed thirty days.
    Sec. 21.  Section 322.14, subsection 1, Code 2011, is amended to read as follows:
   1.  A person who violates any of the provisions of this chapter for which a penalty is not specifically provided is guilty of a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than one thousand five
 
six hundred
 
twenty-five dollars or by imprisonment not to exceed thirty days.

DIVISION III

VEHICLE AND MOTOR CARRIER SERVICES
    Sec. 22.  Section 321.40, subsection 3, Code 2011, is amended to read as follows:
   3.  Registration receipts issued for renewals shall have the word “renewal” imprinted thereon and, if the owner making a renewal application has been issued a certificate of title, the title number shall appear on the registration receipt.
 
The word “renewal” shall be printed on registration receipts issued for renewals. All registration receipts for renewals shall be typewritten or printed by other mechanical means. The applicant shall receive a registration receipt.
    Sec. 23.  Section 321.166, subsection 2, Code 2011, is amended to read as follows:
   2.  Every registration plate or pair of plates shall display a registration plate number which shall consist of alphabetical or numerical characters or a combination thereof and the name of this state, which may be abbreviated. Every registration plate issued by the county treasurer shall display the name of the county, including any plate issued pursuant to section 321.34, except Pearl Harbor and purple heart registration plates issued prior to January 1, 1997; registration plates issued pursuant to section 321.34, subsection 13, paragraph “d”; and collegiate, fire fighter, and medal of honor registration plates. Special truck registration plates shall display the word “special”. The department may adopt rules to implement this subsection.
    Sec. 24.  Section 322.7A, subsections 1, 2, and 4, Code 2011, are amended to read as follows:
   1.  An applicant for a license as a used motor vehicle dealer shall complete a minimum of eight hours of prelicensing education program courses
 
in the twenty-four-month period immediately preceding the application for license pursuant to this section prior to submitting an application to the department.
   2.  A person seeking renewal of a used motor vehicle dealer license shall complete a minimum of five hours of continuing education program courses over a two-year period
 
in the twenty-four-month period immediately preceding the expiration of the person’s license pursuant to this section prior to submitting an application for license renewal. However, an applicant for renewal of a used motor vehicle dealer license who has met the prelicensing education requirement under subsection 1 within the preceding twenty-four months
 
twenty-four-month period immediately preceding expiration of the person’s license is exempt from the continuing education requirement for license renewal.
   4.  The Iowa independent automobile dealers association, in consultation with the state department of transportation, the department of education, the attorney general, and the Iowa association of community college trustees, shall develop the prelicensing and continuing education course curricula for the used motor vehicle dealer education program, which shall include but not be limited to examination of federal and state laws applicable to the motor vehicle industry and federal and state regulations pertaining to used motor vehicle dealers. The education program courses shall be provided by community colleges as defined in section 260C.2 or by the Iowa independent automobile dealers association in conjunction with a community college. The department of education shall adopt rules establishing reasonable fees to be charged for the prelicensing education courses and the continuing education courses.
    Sec. 25.  Section 322.7A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  The department of education shall adopt rules establishing reasonable fees to be charged for the prelicensing education courses and the continuing education courses. The department of transportation may adopt rules for reinstatement of the license of a person that failed to meet the continuing education requirements of subsection 2.
    Sec. 26.  REPEAL.  Section 321.116, Code 2011, is repealed.
    Sec. 27.  APPLICABILITY.  The section of this division of this Act that repeals section 321.116 applies for registration years beginning on or after January 1, 2013.

DIVISION IV

REPORT REQUIREMENTS
    Sec. 28.  Section 307.20, subsection 1, Code 2011, is amended to read as follows:
   1.  A biodiesel and biodiesel blended fuel revolving fund is created in the state treasury. The biodiesel and biodiesel blended fuel revolving fund shall be administered by the department and shall consist of moneys received from the sale of EPAct credits banked by the department on April 19, 2001, moneys appropriated by the general assembly, and any other moneys obtained or accepted by the department for deposit in the fund. Moneys in the fund are appropriated to and shall be used by the department for the purchase of biodiesel and biodiesel blended fuel for use in department vehicles. The department shall submit an annual report not later than January 31 to the members of the general assembly and the legislative services agency, of the expenditures made from the fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the fund shall be credited to the fund.
    Sec. 29.  Section 307.21, subsection 3, Code Supplement 2011, is amended by striking the subsection.
EXPLANATION
   This bill contains provisions relating to a variety of matters regulated by the department of transportation.
   DIVISION I —— MOTOR VEHICLE OPERATORS. Under current law, a person who is required to file proof of financial responsibility in order to operate a motor vehicle may do so by filing $55,000 with the treasurer of state in the form of a certificate of deposit made payable jointly to the person and the treasurer of state. The bill amends Code section 321A.25 to provide that the certificate of deposit is to be made payable to the department of transportation and filed directly with the department, rather than with the treasurer of state. The bill makes conforming amendments to the definition of “financial liability coverage” in Code section 321.1, the list of alternate methods of filing proof of financial responsibility contained in Code section 321A.18, and related provisions in Code sections 321A.27 and 321A.29.
   Code section 321.196 is amended to provide that when the department renews a driver’s license electronically, it may do so without requiring the licensee to pass a vision test or file a vision report, pursuant to rules of the department. The bill authorizes the adoption of emergency rules to implement this provision. The amendment to Code section 321.196 and the authorization to adopt emergency rules are effective upon enactment.
   Under current law, a person is disqualified from operating a commercial motor vehicle if the person has two or more convictions within a three-year period for certain specified offenses committed while operating a commercial motor vehicle or while operating a noncommercial motor vehicle and holding a commercial driver’s license, if the convictions result in a sanction of the person’s driving privileges. Code section 321.208 is amended to include text messaging while operating a commercial motor vehicle as one of those specified offenses.
   Code section 321.211 is amended by striking a standing $250,000 appropriation to the department intended to cover the cost of notice and personal delivery of service in cases of driver’s license suspension. The bill provides that license reinstatement fees shall be used to help defray license sanction and reinstatement costs rather than reimburse the department for the costs of notice.
   Code section 321.257 is amended to specify the meaning of an official traffic-control signal displaying a steady red arrow or a flashing yellow arrow. The steady red arrow prohibits vehicular traffic from entering the intersection to make the movement indicated by the arrow, but does not permit entering the intersection to make another movement permitted by another signal indicator. A flashing yellow arrow means vehicular traffic may cautiously enter the intersection only to make the movement indicated by the arrow or another movement permitted by other signal indicators displayed at the same time. Traffic operating under a flashing yellow arrow must yield the right-of-way to other vehicles and pedestrians lawfully within the intersection.
   The bill strikes current provisions in Code section 321.258 which specify the arrangement of lights on official traffic-control signals. The provisions are replaced with a requirement that the design, color, and arrangement of lights on official traffic-control signals be in accordance with the manual on uniform traffic-control devices, which is published by the United States department of transportation and adopted by rule by the state department of transportation to apply to highways in the state.
   Code section 321M.3 is amended to allow Carroll and Muscatine counties to participate in county issuance of driver’s licenses, nonoperator identification cards, and persons with disabilities identification devices.
   DIVISION II —— VEHICLE ENFORCEMENT. Code section 321.52 is amended to require the department, rather than the Iowa law enforcement academy, to train and certify peace officers who conduct salvage vehicle theft examinations. The $5 portion of each salvage theft examination fee which currently accrues to the Iowa law enforcement academy to provide salvage theft examination training and certification will continue to accrue to the academy. The department is authorized to adopt rules providing for electronic completion and issuance of certificates and affidavits along with electronic payment and transfer of fees in connection with salvage theft examinations.
   Code section 321.105A is amended to provide that a person who willfully attempts to evade payment of the fee for new registration is guilty of a fraudulent practice. In addition to the criminal penalty, the person shall be assessed a penalty of 75 percent of the amount of the fee unpaid and required to be paid. These are the same penalties that currently apply for making a false statement in regard to the purchase price of a vehicle subject to a fee for new registration. 
   Code section 321.200A is amended to modify the process established to address convictions for motor vehicle violations that are based upon fraud. The term “complaint” is substituted for “application” to describe the written request for an investigation that is filed with the department by a person alleging that a record of conviction for a scheduled violation was entered by fraudulent use of the person’s name or by use of fraudulent identification. Under the complaint process, the department retains its existing authority to accept or reject a person’s request for an investigation. If the department investigates a complaint, it must provide copies of the report to the prosecuting attorney in the city or county that prosecuted the scheduled violation and to the applicable district court. The person who filed the complaint is entitled to receive a summary of the department’s investigative report, rather than a certified copy of the full report, as is required under current law.
   Code sections 321H.8 and 322.14 are amended to align penalty provisions for vehicle recyclers with those of motor vehicle dealers and to lower the maximum fine for a simple misdemeanor violation of motor vehicle dealer provisions. Under current law, a person convicted of violating any of the vehicle recycler provisions contained in Code chapter 321H is guilty of a serious misdemeanor, and a person convicted of violating any of the motor vehicle dealer provisions contained in Code chapter 322 is guilty of a simple misdemeanor punishable by a fine of not less than $250 and not more than $1,500 or by imprisonment for up to 30 days. The amendment provides that the default penalty for a violation under Code chapter 321H or 322 is a simple misdemeanor punishable by a fine of not less than $250 and not more than $625 or by imprisonment for up to 30 days.
   DIVISION III —— VEHICLE AND MOTOR CARRIER SERVICES. Code section 321.40 is amended to eliminate the requirement that the title number from a vehicle’s certificate of title appear on the registration receipt for the vehicle.
   Code section 321.116, which establishes an annual registration fee of $25 for electric motor vehicles, is repealed. As a result, electric motor vehicles will be subject to registration fees based on the weight and value of the vehicle. The change applies for registration years beginning on or after January 1, 2013.
   Code section 321.166 is amended to correspond to a change made in 2011 legislation eliminating the requirement that special trucks for farm use be issued registration plates displaying the word “special”.
   Code section 322.7A, relating to education requirements for used motor vehicle dealers, is amended to specify that prelicensing education program courses must be completed in the 24-month period immediately preceding application for licensure. In addition, continuing education program courses must be completed in the 24-month period immediately preceding the expiration of the person’s license. Current law does not specify a time frame for completion of prelicensing education program courses and allows for completion of continuing education program courses over a two-year period preceding application for license renewal. The Code section is also amended to allow the department to adopt rules relating to the reinstatement of licensees who fail to meet the continuing education requirements.
   DIVISION IV —— REPORT REQUIREMENTS. Code section 321.20 is amended by striking an annual reporting requirement regarding expenditures from the biodiesel and biodiesel blended fuel revolving fund. 
   Code section 307.21 is amended by striking reporting requirements relating to the department’s purchases of plastic products, soybean-based inks, and plastic garbage can liners.