HF 335 (LSB 1531YH (2) 85)

HOUSE FILE 335

BY  KAJTAZOVIC

A BILL FOR

An Act relating to fees charged for special motor vehicle registration plates associated with military service.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 35A.11, Code 2013, is amended to read as follows:
   35A.11  Veterans license fee fund.
   A veterans license fee fund is created in the state treasury under the control of the commission. Notwithstanding section 12C.7, interest or earnings on moneys in the veterans license fee fund shall be credited to the veterans license fee fund. Moneys in the fund are appropriated to the commission to be used to fulfill the responsibilities of the commission. The fund shall include the fees credited by the treasurer of state
 
pursuant to section 321.145, subsection 2, paragraph “b”, subparagraph (3), Code 2013, from the sale of the following special motor vehicle registration plates:
 
as provided in section 321.34, Code 2013.
   1.  Veteran special plates issued pursuant to section 321.34, subsection 13, paragraph “d”.
   2.  National guard special plates issued pursuant to section 321.34, subsection 16.
   3.  Pearl Harbor special plates issued pursuant to section 321.34, subsection 17.
   4.  Purple heart special plates issued pursuant to section 321.34, subsection 18.
   5.  United States armed forces retired special plates issued pursuant to section 321.34, subsection 19.
   6.  Silver star and bronze star special plates issued pursuant to section 321.34, subsection 20.
   7.  Distinguished service cross, navy cross, and air force cross special plates issued pursuant to section 321.34, subsection 20A.
   8.  Soldier’s medal, navy and marine corps medal, and airman’s medal special plates issued pursuant to section 321.34, subsection 20B.
   9.  Combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates issued pursuant to section 321.34, subsection 20C.
   10.  Gold star special plates issued pursuant to section 321.34, subsection 24.
    Sec. 2.  Section 321.34, subsections 16, 17, 18, 19, 20, 20A, 20B, 20C, and 24, Code 2013, are amended to read as follows:
   16.  National guard special plates.
   a.  An owner referred to in subsection 12 who is a member of the national guard, as defined in chapter 29A, may, upon written application to the department, order special registration plates with a national guard processed emblem with the. The emblem
 
shall be designed by the department in cooperation with the adjutant general which emblem signifies
 
and shall signify that the applicant is a member of the national guard. The application shall be approved by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized national guard plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for national guard plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated national guard plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized national guard plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized national guard plates is five dollars in addition to the regular annual registration fee. Special registration plates with a national guard processed emblem shall be surrendered, as provided in subsection 12, in exchange for regular registration plates upon termination of the owner’s membership in the active national guard.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   17.  Pearl Harbor special plates.
   a.  An owner referred to in subsection 12 who was at Pearl Harbor, Hawaii, as a member of the armed services of the United States on December 7, 1941, may, upon written application to the department, order special registration plates with a Pearl Harbor processed emblem. The emblem shall be designed by the department in consultation with service organizations. The application is subject to approval by the department. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized Pearl Harbor plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for Pearl Harbor plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated Pearl Harbor plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized Pearl Harbor plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized Pearl Harbor plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   18.  Purple heart special plates.
   a.  An owner referred to in subsection 12 who was awarded a purple heart medal by the United States government for wounds received in military or naval combat against an armed enemy of the United States may, upon written application to the department and presentation of satisfactory proof of the award of the purple heart medal, order special registration plates with a purple heart processed emblem. The design of the emblem shall include a representation of a purple heart medal and ribbon. The application is subject to approval by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized purple heart plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for purple heart plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated purple heart plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized purple heart plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized purple heart plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   19.  United States armed forces retired special plates.
   a.  An owner referred to in subsection 12 who is a retired member of the United States armed forces may, upon written application to the department and upon presentation of satisfactory proof of membership, order special registration plates with a United States armed forces retired processed emblem. The emblem shall be designed by the department in consultation with service organizations. The application is subject to approval by the department. For purposes of this subsection, a person is considered to be retired if the person is recognized by the United States armed forces as retired from the United States armed forces. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized armed forces retired plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for armed forces retired plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated armed forces retired plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized armed forces retired plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized armed forces retired plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   20.  Silver or bronze star plates.
   a.  An owner referred to in subsection 12 who was awarded a silver or a bronze star by the United States government, may, upon written application to the department and presentation of satisfactory proof of the award of the silver or bronze star, order special registration plates with a silver or bronze star processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized silver star and bronze star plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for silver star and bronze star plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated silver star or bronze star plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized silver star or bronze star plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized silver star or bronze star plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   20A.  Distinguished service, navy, or air force cross plates.
   a.  An owner referred to in subsection 12 who was awarded a distinguished service cross, a navy cross, or an air force cross by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a distinguished service cross, navy cross, or air force cross processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized distinguished service cross, navy cross, and air force cross plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for distinguished service cross, navy cross, and air force cross plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated distinguished service cross, navy cross, or air force cross plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized distinguished service cross, navy cross, or air force cross plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized distinguished service cross, navy cross, or air force cross plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   20B.  Soldier’s, navy and marine corps, or airman’s medal plates.
   a.  An owner referred to in subsection 12 who was awarded a soldier’s medal, a navy and marine corps medal, or an airman’s medal by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a soldier’s medal, navy and marine corps medal, or airman’s medal processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized soldier’s medal, navy and marine corps medal, and airman’s medal plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for soldier’s medal, navy and marine corps medal, and airman’s medal plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated soldier’s medal, navy and marine corps medal, or airman’s medal plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized soldier’s medal, navy and marine corps medal, or airman’s medal plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized soldier’s medal, navy and marine corps medal, or airman’s medal plates is five dollars in addition to the regular annual registration fee.
   b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   20C.  Combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates.
   a.  The department, in consultation with the adjutant general, shall design combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge distinguishing processed emblems. Upon receipt of two hundred fifty orders for combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with the applicable distinguishing processed emblem as provided in paragraphs “b” and “c”. The minimum order requirement shall apply separately to each of the special registration plates created under this subsection.
   b.  An owner referred to in subsection 12 who was awarded a combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge processed emblem. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge plates is five dollars in addition to the regular annual registration fee.
   c.

b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.
   24.  Gold star plates.  An owner referred to in subsection 12 who is the surviving spouse, parent, child, or sibling of a deceased member of the United States armed forces who died while serving on active duty during a time of military conflict or who died as a result of such service may order special registration plates bearing a gold star emblem upon written application to the department accompanied by satisfactory supporting documentation as determined by the department. The gold star emblem shall be designed by the department in cooperation with the commission of veterans affairs. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized gold star plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for gold star plates.

An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated gold star plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized gold star plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized gold star plates is five dollars in addition to the regular annual registration fee.
    Sec. 3.  Section 321.34, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  27.  United States veteran plates.  An owner referred to in subsection 12 who served in the armed forces of the United States and was discharged under honorable conditions may, upon written application to the department and presentation of satisfactory proof of military service and honorable discharge, order special registration plates with a distinguishing processed emblem depicting the word “veteran” below an image of the American flag. An applicant shall not be charged a fee in addition to the annual registration fee for issuance of letter-number designated veteran plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section upon payment of the regular annual registration fee. An applicant may obtain personalized veteran plates upon payment of the additional twenty-five-dollar fee for personalized plates as provided in subsection 5. The annual fee for personalized veteran plates is five dollars in addition to the regular annual registration fee.
    Sec. 4.  Section 321.145, subsection 2, paragraph b, subparagraph (3), Code 2013, is amended to read as follows:
   (3)  The amounts required to be transferred pursuant to section 321.34 from revenues available under this subsection shall be transferred and credited as provided in section 321.34, subsections 7, 10, 10A, 11, 11A, 11B, 13, 16, 17, 18, 19, 20, 20A, 20B, 20C, 21, 22, 23, 24, 25, and 26 for the various purposes specified in those subsections.
EXPLANATION
   This bill eliminates the special plate fees charged for special motor vehicle registration plates associated with military service which are established statutorily. The affected plates are national guard plates; Pearl Harbor plates; purple heart plates; United States armed forces retired plates; silver star and bronze star plates; distinguished service cross, navy cross, and air force cross special plates; soldier’s medal, navy and marine corps medal, and airman’s medal special plates; and gold star plates. The bill also eliminates special plate fees for United States veteran plates, which were established by the department of transportation, in cooperation with the commission of veterans affairs, by administrative process.
   Under current law, the fees for the affected military plates which are established by statute are the standard special plate fees established in Code section 321.34. The fee for issuance of the special plates is $25, and the annual validation fee is $5, both in addition to the regular annual registration fee. The issuance fee for United States veteran plates is $35, and the annual validation fee is $10. The amount of revenue from the special plate issuance fees and the special plate validation fees is credited to the veterans license fee fund administered by the commission of veterans affairs. The bill eliminates the special plate fees that accrue to the veterans license fee fund from the special military plates. The bill adds the United States armed forces veteran plate, which is currently established administratively, to the list of special motor vehicle registration plates established in Code section 321.34.
   Personalized plate fees and annual registration fees for special military plates are credited to the road use tax fund and are not affected under the bill.
   The bill amends Code section 35A.11 to reflect that new moneys will not be credited to the veterans license fee fund upon the elimination of special plate fees for motor vehicle registration plates associated with military service.