Bill Text: IA HF2437 | 2015-2016 | 86th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to matters under the purview of the department of transportation, providing fees, and making penalties applicable. Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-04-21 - Signed by Governor. H.J. 722. [HF2437 Detail]

Download: Iowa-2015-HF2437-Amended.html

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House File 2437 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO HF 2383)
                                 (SUCCESSOR TO HSB 615)
       (As Amended and Passed by the House March 23, 2016)

                                      A BILL FOR

  1 An Act relating to matters under the purview of the department
  2    of transportation, providing fees, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2437 (2) 86
    ns/nh/md

PAG LIN



  1  1                           DIVISION I
  1  2                           AUTOCYCLES
  1  3    Section 1.  Section 321.1, Code 2016, is amended by adding
  1  4 the following new subsection:
  1  5    NEW SUBSECTION.  06A.  "Autocycle" means a three=wheeled
  1  6 motor vehicle originally designed with two front wheels and
  1  7 one rear wheel, a steering wheel rather than handlebars, no
  1  8 more than two permanent seats that do not require the operator
  1  9 or a passenger to straddle or sit astride the vehicle, and
  1 10 foot pedals that control the brakes, acceleration, and clutch,
  1 11 where applicable. A motor vehicle meeting the definition of
  1 12 "autocycle" is an autocycle even if the vehicle bears a vehicle
  1 13 identification number, or is accompanied by a manufacturer's
  1 14 certificate of origin, that identifies the vehicle as a
  1 15 motorcycle.
  1 16    Sec. 2.  Section 321.1, subsection 40, paragraph a, Code
  1 17 2016, is amended to read as follows:
  1 18    a.  "Motorcycle" means every motor vehicle having a saddle or
  1 19 seat for the use of the rider and designed to travel on not more
  1 20 than three wheels in contact with the ground including a motor
  1 21 scooter but excluding a tractor, an autocycle, and a motorized
  1 22 bicycle.
  1 23    Sec. 3.  Section 321.34, subsection 1, Code 2016, is amended
  1 24 to read as follows:
  1 25    1.  Plates issued.  The county treasurer upon receiving
  1 26 application, accompanied by proper fee, for registration of a
  1 27 vehicle shall issue to the owner one registration plate for
  1 28 a motorcycle, motorized bicycle, autocycle, truck tractor,
  1 29 trailer, or semitrailer and two registration plates for every
  1 30 other motor vehicle. The registration plates, including
  1 31 special registration plates, shall be assigned to the owner of
  1 32 a vehicle. When the owner of a registered vehicle transfers or
  1 33 assigns ownership of the vehicle to another person, the owner
  1 34 shall remove the registration plates from the vehicle. The
  1 35 owner shall forward the plates to the county treasurer where
  2  1 the vehicle is registered or the owner may have the plates
  2  2 assigned to another vehicle within thirty days after transfer,
  2  3 upon payment of the fees required by law. The owner shall
  2  4 immediately affix registration plates retained by the owner to
  2  5 another vehicle owned or acquired by the owner, providing the
  2  6 owner complies with section 321.46. The department shall adopt
  2  7 rules providing for the assignment of registration plates to
  2  8 the transferee of a vehicle for which a credit is allowed under
  2  9 section 321.46, subsection 6.
  2 10    Sec. 4.  Section 321.34, subsection 5, paragraph a, Code
  2 11 2016, is amended to read as follows:
  2 12    a.  Upon application and the payment of a fee of twenty=five
  2 13 dollars, the director may issue to the owner of a motor
  2 14 vehicle registered in this state or a trailer or travel trailer
  2 15 registered in this state, personalized registration plates
  2 16 marked with up to seven initials, letters, or combination
  2 17 of numerals and letters requested by the owner. However,
  2 18 personalized registration plates for autocycles, motorcycles,
  2 19  and motorized bicycles shall be marked with no more than six
  2 20 initials, letters, or combinations of numerals and letters.
  2 21 Upon receipt of the personalized registration plates, the
  2 22 applicant shall surrender the regular registration plates to
  2 23 the county treasurer. The fee for issuance of the personalized
  2 24 registration plates shall be in addition to the regular annual
  2 25 registration fee.
  2 26    Sec. 5.  Section 321.34, subsection 8, paragraph a, Code
  2 27 2016, is amended to read as follows:
  2 28    a.  The owner of a motor vehicle subject to registration
  2 29 under section 321.109, subsection 1, autocycle, motorcycle,
  2 30 trailer, or motor truck who has been awarded the medal of
  2 31 honor may, upon written application to the department, order
  2 32 special registration plates which shall be red, white, and blue
  2 33 in color and shall bear an emblem of the medal of honor and
  2 34 an identifying number. Each applicant applying for special
  2 35 registration plates under this subsection may order only
  3  1 one set of registration plates under this subsection. The
  3  2 application is subject to approval by the department and the
  3  3 special registration plates shall be issued at no charge to the
  3  4 applicant in exchange for the registration plates previously
  3  5 issued to the person. A person who is issued special plates
  3  6 under this subsection is exempt from payment of any annual
  3  7 registration fee for the motor vehicle bearing the special
  3  8 plates. The department shall validate the special plates in
  3  9 the same manner as regular registration plates are validated
  3 10 under this section. The department shall not issue special
  3 11 registration plates until service organizations in the state
  3 12 have furnished the department either the special dies or the
  3 13 cost of the special dies necessary for the manufacture of the
  3 14 special registration plate.
  3 15    Sec. 6.  Section 321.34, subsection 8A, paragraph a, Code
  3 16 2016, is amended to read as follows:
  3 17    a.  The owner of a motor vehicle subject to registration
  3 18 under section 321.109, subsection 1, autocycle, motorcycle,
  3 19 trailer, or motor truck who was a prisoner of war during a
  3 20 time of military conflict may, upon written application to the
  3 21 department, order only one set of special registration plates
  3 22 with an ex=prisoner of war processed emblem. The emblem shall
  3 23 be designed by the department in cooperation with the adjutant
  3 24 general and shall signify that the owner was a prisoner of war
  3 25 as described in this subsection. The application is subject to
  3 26 approval by the department, in consultation with the adjutant
  3 27 general. The special plates shall be issued at no charge and
  3 28 are subject to an annual registration fee of fifteen dollars.
  3 29 The county treasurer shall validate the special plates in the
  3 30 same manner as regular registration plates are validated under
  3 31 this section.
  3 32    Sec. 7.  Section 321.34, subsection 11, paragraph a, Code
  3 33 2016, is amended to read as follows:
  3 34    a.  Upon application and payment of the proper fees, the
  3 35 director may issue natural resources plates to the owner of a
  4  1 motor vehicle subject to registration under section 321.109,
  4  2 subsection 1, autocycle, motor truck, motor home, multipurpose
  4  3 vehicle, motorcycle, trailer, or travel trailer.
  4  4    Sec. 8.  Section 321.34, subsection 11A, paragraph a, Code
  4  5 2016, is amended to read as follows:
  4  6    a.  Upon application and payment of the proper fees, the
  4  7 director may issue "love our kids" plates to the owner of a
  4  8 motor vehicle subject to registration under section 321.109,
  4  9 subsection 1, autocycle, motor truck, motor home, multipurpose
  4 10 vehicle, motorcycle, trailer, or travel trailer.
  4 11    Sec. 9.  Section 321.34, subsection 11B, paragraph a, Code
  4 12 2016, is amended to read as follows:
  4 13    a.  Upon application and payment of the proper fees, the
  4 14 director may issue "motorcycle rider education" plates to the
  4 15 owner of a motor vehicle subject to registration under section
  4 16 321.109, subsection 1, autocycle, motor truck, motor home,
  4 17 multipurpose vehicle, motorcycle, trailer, or travel trailer.
  4 18    Sec. 10.  Section 321.34, subsection 12, paragraphs a and d,
  4 19 Code 2016, are amended to read as follows:
  4 20    a.  The owner of a motor vehicle subject to registration
  4 21 pursuant to section 321.109, subsection 1, autocycle,
  4 22  motor truck, motor home, multipurpose vehicle, motorcycle,
  4 23 trailer, or travel trailer may, upon written application to
  4 24 the department, order special registration plates with a
  4 25 distinguishing processed emblem as authorized by this section
  4 26 or as approved by the department. The fee for the issuance of
  4 27 special registration plates is twenty=five dollars for each
  4 28 vehicle, unless otherwise provided by this section, which fee
  4 29 is in addition to the regular annual registration fee. The
  4 30 county treasurer shall validate special registration plates
  4 31 with a distinguishing processed emblem in the same manner as
  4 32 regular registration plates, upon payment of five dollars in
  4 33 addition to the regular annual registration fee.
  4 34    d.  A special registration plate issued for a motorcycle,
  4 35 autocycle, or motorized bicycle under this section shall be
  5  1 designated in the manner provided for personalized registration
  5  2 plates under subsection 5, paragraph "a".
  5  3    Sec. 11.  Section 321.34, subsection 15, paragraph a, Code
  5  4 2016, is amended to read as follows:
  5  5    a.  The owner of a motor vehicle subject to registration
  5  6 under section 321.109, subsection 1, autocycle, motorcycle,
  5  7 trailer, or motor truck who has been awarded the legion
  5  8 of merit shall be issued one set of special registration
  5  9 plates with a legion of merit processed emblem, upon written
  5 10 application to the department and presentation of satisfactory
  5 11 proof of the award of the legion of merit as established by the
  5 12 Congress of the United States. The emblem shall be designed
  5 13 by the department in cooperation with the adjutant general and
  5 14 shall signify that the owner was awarded the legion of merit.
  5 15 The application is subject to approval by the department, in
  5 16 consultation with the adjutant general. The special plates
  5 17 shall be issued at no charge and are subject to an annual
  5 18 registration fee of fifteen dollars. The county treasurer
  5 19 shall validate the special plates in the same manner as regular
  5 20 registration plates are validated under this section.
  5 21    Sec. 12.  Section 321.37, subsections 1 and 2, Code 2016, are
  5 22 amended to read as follows:
  5 23    1.  Registration plates issued for a motor vehicle other
  5 24 than a an autocycle, motorcycle, motorized bicycle, or a truck
  5 25 tractor shall be attached to the motor vehicle, one in the
  5 26 front and the other in the rear. The registration plate issued
  5 27 for a an autocycle, motorcycle, or other vehicle required to
  5 28 be registered hereunder shall be attached to the rear of the
  5 29 vehicle. The registration plate issued for a truck tractor
  5 30 shall be attached to the front of the truck tractor. The
  5 31 special plate issued to a dealer shall be attached on the rear
  5 32 of the vehicle when operated on the highways of this state.
  5 33    2.  Registration plates issued for a motor vehicle which
  5 34 is model year 1948 or older, and reconstructed or specially
  5 35 constructed vehicles built to resemble a model year 1948
  6  1 vehicle or older, other than a truck registered for more than
  6  2 five tons, autocycle, motorcycle, or truck tractor, may display
  6  3 one registration plate on the rear of the vehicle if the other
  6  4 registration plate issued to the vehicle is carried in the
  6  5 vehicle at all times when the vehicle is operated on a public
  6  6 highway.
  6  7    Sec. 13.  Section 321.69, subsection 9, Code 2016, is amended
  6  8 to read as follows:
  6  9    9.  Except for subsections 10 and 11, this section does not
  6 10 apply to motor trucks and truck tractors with a gross vehicle
  6 11 weight rating of sixteen thousand pounds or more, vehicles more
  6 12 than seven model years old, autocycles, motorcycles, motorized
  6 13 bicycles, and special mobile equipment. This section does
  6 14 apply to motor homes. The requirement in subsection 1 that
  6 15 the new certificate of title and registration receipt shall
  6 16 state on the face whether a prior owner had disclosed that the
  6 17 vehicle was damaged to the extent that it was a wrecked or
  6 18 salvage vehicle as defined in section 321.52, subsection 4,
  6 19 paragraph "d", does not apply to a vehicle with a certificate
  6 20 of title bearing a designation that the vehicle was previously
  6 21 titled on a salvage certificate of title pursuant to section
  6 22 321.52, subsection 4, paragraph "b", or to a vehicle with
  6 23 a certificate of title bearing a "REBUILT" or "SALVAGE"
  6 24 designation pursuant to section 321.24, subsection 4 or 5.
  6 25 Except for subsections 10 and 11, this section does not apply
  6 26 to new motor vehicles with a true mileage, as defined in
  6 27 section 321.71, of one thousand miles or less, unless such
  6 28 vehicle has incurred damage as described in subsection 2.
  6 29    Sec. 14.  Section 321.105A, subsection 2, paragraph c,
  6 30 subparagraph (6), Code 2016, is amended to read as follows:
  6 31    (6)  Vehicles, excluding autocycles, motorcycles, and
  6 32 motorized bicycles, subject to registration in any state when
  6 33 purchased for rental or registered and titled by a motor
  6 34 vehicle dealer licensed pursuant to chapter 322 for rental use,
  6 35 and held for rental for a period of one hundred twenty days or
  7  1 more and actually rented for periods of sixty days or less by a
  7  2 person regularly engaged in the business of renting vehicles,
  7  3 including but not limited to motor vehicle dealers licensed
  7  4 pursuant to chapter 322 who rent automobiles to users, if the
  7  5 rental of the vehicles is subject to taxation under section
  7  6 423.2 or chapter 423C.
  7  7    Sec. 15.  Section 321.109, subsection 1, paragraph a, Code
  7  8 2016, is amended to read as follows:
  7  9    a.  The annual fee for all motor vehicles including vehicles
  7 10 designated by manufacturers as station wagons, 1993 and
  7 11 subsequent model year multipurpose vehicles, and 2010 and
  7 12 subsequent model year motor trucks with an unladen weight of
  7 13 ten thousand pounds or less, except motor trucks registered
  7 14 under section 321.122, business=trade trucks, special trucks,
  7 15 motor homes, motorsports recreational vehicles, ambulances,
  7 16 hearses, autocycles, motorcycles, motorized bicycles, and 1992
  7 17 and older model year multipurpose vehicles, shall be equal
  7 18 to one percent of the value as fixed by the department plus
  7 19 forty cents for each one hundred pounds or fraction thereof
  7 20 of weight of vehicle, as fixed by the department. The weight
  7 21 of a motor vehicle, fixed by the department for registration
  7 22 purposes, shall include the weight of a battery, heater,
  7 23 bumpers, spare tire, and wheel. Provided, however, that for
  7 24 any new vehicle purchased in this state by a nonresident
  7 25 for removal to the nonresident's state of residence the
  7 26 purchaser may make application to the county treasurer in
  7 27 the county of purchase for a transit plate for which a fee
  7 28 of ten dollars shall be paid. And provided, however, that
  7 29 for any used vehicle held by a registered dealer and not
  7 30 currently registered in this state, or for any vehicle held
  7 31 by an individual and currently registered in this state,
  7 32 when purchased in this state by a nonresident for removal to
  7 33 the nonresident's state of residence, the purchaser may make
  7 34 application to the county treasurer in the county of purchase
  7 35 for a transit plate for which a fee of three dollars shall
  8  1 be paid. The county treasurer shall issue a nontransferable
  8  2 certificate of registration for which no refund shall be
  8  3 allowed; and the transit plates shall be void thirty days
  8  4 after issuance. Such purchaser may apply for a certificate
  8  5 of title by surrendering the manufacturer's or importer's
  8  6 certificate or certificate of title, duly assigned as provided
  8  7 in this chapter. In this event, the treasurer in the county
  8  8 of purchase shall, when satisfied with the genuineness and
  8  9 regularity of the application, and upon payment of a fee of
  8 10 twenty dollars, issue a certificate of title in the name and
  8 11 address of the nonresident purchaser delivering the title
  8 12 to the owner. If there is a security interest noted on the
  8 13 title, the county treasurer shall mail to the secured party an
  8 14 acknowledgment of the notation of the security interest. The
  8 15 county treasurer shall not release a security interest that
  8 16 has been noted on a title issued to a nonresident purchaser
  8 17 as provided in this paragraph. The application requirements
  8 18 of section 321.20 apply to a title issued as provided in this
  8 19 subsection, except that a natural person who applies for a
  8 20 certificate of title shall provide either the person's social
  8 21 security number, passport number, or driver's license number,
  8 22 whether the license was issued by this state, another state, or
  8 23 another country. The provisions of this subsection relating to
  8 24 multipurpose vehicles are effective for all 1993 and subsequent
  8 25 model years. The annual registration fee for multipurpose
  8 26 vehicles that are 1992 model years and older shall be in
  8 27 accordance with section 321.124.
  8 28    Sec. 16.  Section 321.117, Code 2016, is amended to read as
  8 29 follows:
  8 30    321.117  Motorcycle, autocycle, ambulance, and hearse fees.
  8 31    For all motorcycles and autocycles the annual registration
  8 32 fee shall be twenty dollars. For all motorized bicycles the
  8 33 annual registration fee shall be seven dollars. When the
  8 34 motorcycle or autocycle is more than five model years old,
  8 35 the annual registration fee shall be ten dollars. The annual
  9  1 registration fee for ambulances and hearses shall be fifty
  9  2 dollars. Passenger car plates shall be issued for ambulances
  9  3 and hearses.
  9  4    Sec. 17.  Section 321.166, subsections 1, 3, and 4, Code
  9  5 2016, are amended to read as follows:
  9  6    1.  a.  Registration plates shall be of metal and of a size
  9  7 not to exceed six inches by twelve inches, except that the size
  9  8 of plates issued for use on autocycles, motorized bicycles,
  9  9 motorcycles, motorcycle trailers, and trailers with an empty
  9 10 weight of two thousand pounds or less shall be established by
  9 11 the department.
  9 12    b.  Trailers with empty weights of two thousand pounds or
  9 13 less may, upon request, be licensed with regular=sized license
  9 14 plates.
  9 15    3.  The registration plate number shall be displayed in
  9 16 characters which shall not exceed a height of four inches nor a
  9 17 stroke width exceeding five=eighths of an inch. Special plates
  9 18 issued to dealers shall display the alphabetical character
  9 19 "D", which shall be of the same size as the characters in the
  9 20 registration plate. The registration plate number issued for
  9 21 autocycles, motorized bicycles, motorcycles, trailers with an
  9 22 empty weight of two thousand pounds or less, and motorcycle
  9 23 trailers shall be a size prescribed by the department.
  9 24    4.  The registration plate number, except on autocycles,
  9 25  motorized bicycles, motorcycles, motorcycle trailers, and
  9 26 trailers with an empty weight of two thousand pounds or less,
  9 27 shall be of sufficient size to be readable from a distance of
  9 28 one hundred feet during daylight.
  9 29    Sec. 18.  Section 322.2, Code 2016, is amended by adding the
  9 30 following new subsection:
  9 31    NEW SUBSECTION.  1A.  "Autocycle" means as defined in section
  9 32 321.1.
  9 33    Sec. 19.  Section 322.5, subsection 6, paragraph a,
  9 34 unnumbered paragraph 1, Code 2016, is amended to read as
  9 35 follows:
 10  1 Upon application for and receipt of a temporary permit
 10  2 issued by the department under this subsection, a motor vehicle
 10  3 dealer authorized to sell used motorcycles or autocycles
 10  4  may display, offer for sale, and negotiate sales of used
 10  5 motorcycles or autocycles at a motorcycle rally located in this
 10  6 state that meets all of the following conditions:
 10  7    Sec. 20.  Section 322.5, subsection 6, paragraph b,
 10  8 subparagraph (1), Code 2016, is amended to read as follows:
 10  9    (1)  The person presents the department with a current motor
 10 10 vehicle dealer license valid for the sale of used motorcycles
 10 11 or autocycles at retail in the person's state of residence.
 10 12    Sec. 21.  Section 322.5, subsection 6, paragraph d, Code
 10 13 2016, is amended to read as follows:
 10 14    d.  A sale of a motorcycle or autocycle at a motorcycle
 10 15 rally shall not be completed and an agreement for the sale of
 10 16 a motorcycle or autocycle shall not be signed at a motorcycle
 10 17 rally. All such sales shall be consummated at the motor
 10 18 vehicle dealer's principal place of business.
 10 19    Sec. 22.  Section 322.36, Code 2016, is amended to read as
 10 20 follows:
 10 21    322.36  Motorcycle and autocycle dealer business hours.
 10 22    A person in the business of selling motorcycles or
 10 23 autocycles under chapter 322D is not required to maintain
 10 24 regular business hours at the dealer's principal place of
 10 25 business or other place of business.
 10 26    Sec. 23.  Section 322D.1, subsection 2, Code 2016, is amended
 10 27 to read as follows:
 10 28    2.  "Attachment" means a machine or part of a machine
 10 29 designed to be used on and in conjunction with a farm
 10 30 implement, motorcycle, autocycle, all=terrain vehicle, or
 10 31 snowmobile.
 10 32    Sec. 24.  Section 322D.1, Code 2016, is amended by adding the
 10 33 following new subsection:
 10 34    NEW SUBSECTION.  2A.  "Autocycle" means as defined in section
 10 35 321.1.
 11  1    Sec. 25.  Section 322D.1, subsection 4, paragraphs b and e,
 11  2 Code 2016, are amended to read as follows:
 11  3    b.  The franchisee is granted the right to offer and sell
 11  4 farm implements, motorcycles, autocycles, all=terrain vehicles,
 11  5 snowmobiles, or related parts or attachments manufactured or
 11  6 distributed by the franchiser.
 11  7    e.  The operation of the franchisee's business is
 11  8 substantially reliant on the franchiser for the continued
 11  9 supply of farm implements, motorcycles, autocycles, all=terrain
 11 10 vehicles, snowmobiles, or related parts or attachments.
 11 11    Sec. 26.  Section 322D.1, subsections 5, 6, and 7, Code 2016,
 11 12 are amended to read as follows:
 11 13    5.  "Franchisee" means a person who receives farm implements,
 11 14 motorcycles, autocycles, all=terrain vehicles, snowmobiles,
 11 15 or related parts or attachments from the franchiser under
 11 16 a franchise and who offers and sells the farm implements,
 11 17 motorcycles, autocycles, all=terrain vehicles, snowmobiles, or
 11 18 related parts or attachments to the general public.
 11 19    6.  "Franchiser" means a person who manufactures, wholesales,
 11 20 or distributes farm implements, motorcycles, autocycles,
 11 21  all=terrain vehicles, snowmobiles, or related parts or
 11 22 attachments, and who enters into a franchise.
 11 23    7.  "Motorcycle" means a motor vehicle as defined in section
 11 24 321.1 other than an all=terrain vehicle, which has a saddle
 11 25 or seat for the use of a rider and that is designed to travel
 11 26 on not more than two wheels in contact with the ground, but
 11 27 excluding a motorized bicycle or autocycle as defined in
 11 28 section 321.1.
 11 29    Sec. 27.  Section 322D.2, Code 2016, is amended to read as
 11 30 follows:
 11 31    322D.2  Franchisee's rights to payment.
 11 32    1.  A franchisee who enters into a written franchise with a
 11 33 franchiser to maintain a stock of farm implements, motorcycles,
 11 34 autocycles, all=terrain vehicles, snowmobiles, or related parts
 11 35 or attachments has the following rights to payment, at the
 12  1 option of the franchisee, if the franchise is terminated:
 12  2    a.  One hundred percent of the net cost of new, unused,
 12  3 complete farm implements, motorcycles, autocycles, all=terrain
 12  4 vehicles, snowmobiles, or related attachments, which were
 12  5 purchased from the franchiser. In addition, the franchisee
 12  6 shall have a right of payment for transportation charges on the
 12  7 farm implements, motorcycles, autocycles, all=terrain vehicles,
 12  8 or snowmobiles, which have been paid by the franchisee.
 12  9    b.  Eighty=five percent of the net prices of any repair
 12 10 parts, including superseded parts, which were purchased from
 12 11 the franchiser and held by the franchisee on the date that the
 12 12 franchise terminated.
 12 13    c.  Five percent of the net prices of parts resold under
 12 14 paragraph "b" for handling, packing, and loading of the parts.
 12 15 However, this payment shall not be due to the franchisee if
 12 16 the franchiser elects to perform the handling, packing, and
 12 17 loading.
 12 18    2.  Upon receipt of the payments due under subsection 1,
 12 19 the franchiser is entitled to possession of and title to the
 12 20 farm implements, motorcycles, autocycles, all=terrain vehicles,
 12 21 snowmobiles, or related parts or attachments.
 12 22    3.  The cost of farm implements, motorcycles, autocycles,
 12 23  all=terrain vehicles, snowmobiles, or related attachments and
 12 24 the price of repair parts shall be determined by reference to
 12 25 the franchiser's price list or catalog in effect at the time
 12 26 of the franchise termination.
 12 27    Sec. 28.  Section 322D.3, subsections 7 and 9, Code 2016, are
 12 28 amended to read as follows:
 12 29    7.  A farm implement, motorcycle, autocycle, all=terrain
 12 30 vehicle, or snowmobile which is not in new, unused, undamaged,
 12 31 or complete condition.
 12 32    9.  A farm implement, motorcycle, autocycle, all=terrain
 12 33 vehicle, or snowmobile which was purchased twenty=four months
 12 34 or more prior to the termination of the franchise.
 12 35    Sec. 29.  Section 322D.8, Code 2016, is amended to read as
 13  1 follows:
 13  2    322D.8  Application ==== motorcycle or autocycle franchise
 13  3 agreements.
 13  4    The rights under section 322D.2, subsection 1, apply to
 13  5 motorcycle or autocycle franchise agreements in effect on July
 13  6 1, 1985, which have no expiration date and are continuing
 13  7 agreements, and to those entered into or renewed after July 1,
 13  8 1985, but only to motorcycles, autocycles, and motorcycle or
 13  9 autocycle attachments and parts purchased after July 1, 1985.
 13 10    Sec. 30.  Section 322G.2, subsection 13, Code 2016, is
 13 11 amended to read as follows:
 13 12    13.  "Motor vehicle" means a self=propelled vehicle purchased
 13 13 or leased in this state, except as provided in section 322G.15,
 13 14 and primarily designed for the transportation of persons or
 13 15 property over public streets and highways, but does not include
 13 16 mopeds, motorcycles, autocycles, motor homes, or vehicles over
 13 17 fifteen thousand pounds gross vehicle weight rating.
 13 18                           DIVISION II
 13 19                 REPAIRED SALVAGE MOTOR VEHICLES
 13 20    Sec. 31.  Section 321.24, subsection 5, Code 2016, is amended
 13 21 to read as follows:
 13 22    5.  If the prior certificate of title is from another state
 13 23 and indicates that the vehicle was junked, an Iowa junking
 13 24 certificate shall be issued according to section 321.52,
 13 25 subsections 2 and 3. If the prior certificate of title
 13 26 from another state indicates that the vehicle is salvaged
 13 27 and not rebuilt or is a salvage certificate of title, an
 13 28 Iowa salvage certificate of title shall be issued and a
 13 29 "SALVAGE" designation shall be retained on all subsequent
 13 30 Iowa certificates of title and registration receipts for
 13 31 the vehicle, except unless the owner has surrendered the
 13 32 prior certificate of title and a salvage theft examination
 13 33 certificate, as provided under section 321.52, subsection 4,
 13 34 paragraph "b", and the salvage theft examination certificate
 13 35 was properly executed within thirty days of the date the owner
 14  1 was assigned the prior certificate of title. The department
 14  2 may require that subsequent Iowa certificates of title retain
 14  3 other states' designations which indicate that a vehicle had
 14  4 incurred prior damage. The department shall determine the
 14  5 manner in which other states' rebuilt, salvage, or other
 14  6 designations are to be indicated on Iowa titles.
 14  7    Sec. 32.  Section 321.52, subsection 4, paragraph c, Code
 14  8 2016, is amended to read as follows:
 14  9    c.  A salvage theft examination shall be made by a peace
 14 10 officer who has been specially certified and recertified when
 14 11 required by the Iowa law enforcement academy to do salvage
 14 12 theft examinations. The Iowa law enforcement academy shall
 14 13 determine standards for training and certification, conduct
 14 14 training, and may approve alternative training programs
 14 15 which satisfy the academy's standards for training and
 14 16 certification. The owner of the salvage vehicle shall make
 14 17 the vehicle available for examination at a time and location
 14 18 designated by the peace officer doing the examination. The
 14 19 owner may obtain a permit to drive the vehicle to and from the
 14 20 examination location by submitting a repair affidavit to the
 14 21 agency performing the examination stating that the vehicle is
 14 22 reasonably safe for operation and listing the repairs which
 14 23 have been made to the vehicle. The owner must be present
 14 24 for the examination and have available for inspection the
 14 25 salvage title, bills of sale for all essential parts changed,
 14 26 if applicable, and the repair affidavit. The examination
 14 27 shall be for the purposes of determining whether the vehicle
 14 28 or repair components have been stolen. The examination is not
 14 29 a safety inspection and a signed salvage theft examination
 14 30 certificate shall not be construed by any court of law to
 14 31 be a certification that the vehicle is safe to be operated.
 14 32 There shall be no cause of action against the peace officer
 14 33 or the agency conducting the examination or the county
 14 34 treasurer for failure to discover or note safety defects. If
 14 35 the vehicle passes the theft examination, the peace officer
 15  1 shall indicate that the vehicle passed examination on the
 15  2 salvage theft examination certificate. The permit and salvage
 15  3 theft examination certificate shall be on controlled forms
 15  4 prescribed and furnished by the department. The owner shall
 15  5 pay a fee of thirty fifty dollars upon completion of at the
 15  6 time the examination is scheduled. The agency performing the
 15  7 examinations shall retain twenty forty dollars of the fee and
 15  8 shall pay five dollars of the fee to the department and five
 15  9 dollars of the fee to the treasurer of state for deposit in the
 15 10 general fund of the state. Moneys deposited to the general
 15 11 fund under this paragraph are subject to the requirements of
 15 12 section 8.60 and shall be used by the Iowa law enforcement
 15 13 academy to provide for the special training, certification, and
 15 14 recertification of officers as required by this subsection.
 15 15                          DIVISION III
 15 16                SPECIAL MINOR'S DRIVER'S LICENSES
 15 17    Sec. 33.  Section 321.194, Code 2016, is amended to read as
 15 18 follows:
 15 19    321.194  Special minors' licenses.
 15 20    1.  Driver's license issued for travel to and from school
 15 21  Persons eligible.  Upon certification of a special need by the
 15 22 school board, superintendent of the applicant's school, or
 15 23 principal, if authorized by the superintendent, the department
 15 24 may issue a class C or M driver's license to a person between
 15 25 the ages of fourteen and eighteen years whose if all of the
 15 26 following apply:
 15 27    a.  The person's driving privileges have not been suspended,
 15 28 revoked, or barred under this chapter or chapter 321J during,
 15 29 and who the person has not been convicted of a moving traffic
 15 30 violation or involved in a motor vehicle accident for, the
 15 31 six=month period immediately preceding the application for the
 15 32 special minor's license and who.
 15 33    b.  The person has successfully completed an approved driver
 15 34 education course. However, the completion of a course is not
 15 35 required if the applicant demonstrates to the satisfaction
 16  1 of the department that completion of the course would impose
 16  2 a hardship upon the applicant. The department shall adopt
 16  3 rules defining the term "hardship" and establish procedures for
 16  4 the demonstration and determination of when completion of the
 16  5 course would impose a hardship upon an applicant.
 16  6    2.  Driving privileges.
 16  7    a.  Permitted operations.  The driver's license entitles the
 16  8 holder, while having the license in immediate possession, to
 16  9 operate a motor vehicle other than a commercial motor vehicle
 16 10 or as a chauffeur:
 16 11    (1)  During the hours of 5:00 a.m. to 10:00 p.m. over
 16 12 the most direct and accessible route between the licensee's
 16 13 residence and schools of enrollment or the closest school bus
 16 14 stop or public transportation service, and between schools of
 16 15 enrollment, for the purpose of attending duly scheduled courses
 16 16 of instruction and extracurricular activities within the school
 16 17 district of enrollment.
 16 18    (2)  During the hours of 5:00 a.m. to 10:00 p.m. over
 16 19 the most direct and accessible route between the licensee's
 16 20 residence or school of enrollment and a site, facility,
 16 21 or school that is not the student's licensee's school of
 16 22 enrollment for the purpose of participating in extracurricular
 16 23 activities conducted under a sharing agreement with the
 16 24 student's licensee's school of enrollment or conducted
 16 25 at a site or facility designated by the licensee's school
 16 26 district for the accommodation of the school's extracurricular
 16 27 activities, provided the site, facility, or school is within
 16 28 the licensee's school district of enrollment or is within a
 16 29 school district contiguous to the licensee's school district
 16 30 of enrollment.
 16 31    (3)  To a service station for the purpose of refueling, so
 16 32 long as the service station is the station closest to the route
 16 33 the licensee is traveling on under subparagraph (1) or (2).
 16 34    (4)  At any time when the licensee is accompanied in
 16 35 accordance with section 321.180B, subsection 1.
 17  1    b.  Restrictions.
 17  2    (1)  Passengers.  Unless accompanied in accordance with
 17  3 section 321.180B, subsection 1, a person issued a driver's
 17  4 license pursuant to this section must limit the number of
 17  5 unrelated minor passengers in the motor vehicle when the
 17  6 licensee is operating the motor vehicle to one. For purposes
 17  7 of this section, "unrelated minor passenger" means a passenger
 17  8 who is under eighteen years of age and who is not a sibling of
 17  9 the driver, a stepsibling of the driver, or a child who resides
 17 10 in the same household as the driver.
 17 11    (2)  Electronic communication devices.  A person issued a
 17 12 driver's license under this section shall not use an electronic
 17 13 communication device or an electronic entertainment device
 17 14 while driving a motor vehicle unless the motor vehicle is at a
 17 15 complete stop off the traveled portion of the roadway. This
 17 16 subparagraph does not apply to the use of electronic equipment
 17 17 which is permanently installed in the motor vehicle or to a
 17 18 portable device which is operated through permanently installed
 17 19 equipment. The department, in cooperation with the department
 17 20 of public safety, shall establish educational programs to
 17 21 foster compliance with the requirements of this subparagraph.
 17 22    c.  3.  Certification of need and issuance of license.  Each
 17 23 application shall be accompanied by a statement from the
 17 24 school board, superintendent, or principal, if authorized by
 17 25 the superintendent, of the applicant's school. The statement
 17 26 shall be upon a form provided by the department. The school
 17 27 board, superintendent, or principal, if authorized by the
 17 28 superintendent, shall certify that a need exists for the
 17 29 license and that the board, superintendent, or principal
 17 30 authorized by the superintendent is not responsible for
 17 31 actions of the applicant which pertain to the use of the
 17 32 driver's license. Upon receipt of a statement of necessity,
 17 33 the department shall issue the driver's license provided the
 17 34 applicant is otherwise eligible for issuance of the license.
 17 35 The fact that the applicant resides at a distance less than one
 18  1 mile from the applicant's school of enrollment is prima facie
 18  2 evidence of the nonexistence of necessity for the issuance
 18  3 of a license. The school board shall develop and adopt a
 18  4 policy establishing the criteria that shall be used by a school
 18  5 district administrator to approve or deny certification that
 18  6 a need exists for a license. The student may appeal to the
 18  7 school board the decision of a school district administrator
 18  8 to deny certification. The decision of the school board is
 18  9 final. The driver's license shall not be issued for purposes
 18 10 of attending a public school in a school district other than
 18 11 either of the following:
 18 12    (1)  a.  The district of residence of the parent or guardian
 18 13 of the student.
 18 14    (2)  b.  A district which is contiguous to the district of
 18 15 residence of the parent or guardian of the student, if the
 18 16 student is enrolled in the public school which is not the
 18 17 school district of residence because of open enrollment under
 18 18 section 282.18 or as a result of an election by the student's
 18 19 district of residence to enter into one or more sharing
 18 20 agreements pursuant to the procedures in chapter 282.
 18 21    d.  (1)  A person issued a driver's license under this
 18 22 section shall not use an electronic communication device or an
 18 23 electronic entertainment device while driving a motor vehicle
 18 24 unless the motor vehicle is at a complete stop off the traveled
 18 25 portion of the roadway. This subparagraph does not apply to
 18 26 the use of electronic equipment which is permanently installed
 18 27 in the motor vehicle or to a portable device which is operated
 18 28 through permanently installed equipment.
 18 29    (2)  The department, in cooperation with the department of
 18 30 public safety, shall establish educational programs to foster
 18 31 compliance with the requirements of subparagraph (1).
 18 32    2.  4.  Suspension and revocation.  A driver's license issued
 18 33 under this section is subject to suspension or revocation
 18 34 for the same reasons and in the same manner as suspension or
 18 35 revocation of any other driver's license. The department may
 19  1 also suspend a driver's license issued under this section upon
 19  2 receiving satisfactory evidence that the licensee has violated
 19  3 the restrictions of the license or has been involved in one
 19  4 or more accidents chargeable to the licensee. The department
 19  5 may suspend a driver's license issued under this section
 19  6 upon receiving a record of the licensee's conviction for one
 19  7 violation. The department shall revoke the license upon
 19  8 receiving a record of conviction for two or more violations
 19  9 of a law of this state or a city ordinance regulating the
 19 10 operation of motor vehicles on highways other than parking
 19 11 violations as defined in section 321.210. After a person
 19 12 licensed under this section receives two or more convictions
 19 13 which require revocation of the person's license under this
 19 14 section, the department shall not grant an application for a
 19 15 new driver's license until the expiration of thirty days.
 19 16    3.  5.  Citations for violation of restrictions.  A person who
 19 17 violates the restrictions imposed under subsection 1, paragraph
 19 18 "a" or "d", 2 may be issued a citation under this section and
 19 19 shall not be issued a citation under section 321.193.  A
 19 20 violation of the restrictions imposed under subsection 1,
 19 21 paragraph "a" or "d", 2 shall not be considered a moving
 19 22 violation.
 19 23    Sec. 34.  Section 321.482A, unnumbered paragraph 1, Code
 19 24 2016, is amended to read as follows:
 19 25    Notwithstanding section 321.482, a person who is convicted
 19 26 of operating a motor vehicle in violation of section 321.178,
 19 27 subsection 2, paragraph "a", subparagraph (2), section
 19 28 321.180B, subsection 6, section 321.194, subsection 1 2,
 19 29 paragraph "d" "b", subparagraph (2), section 321.256, section
 19 30 321.257, section 321.275, subsection 4, section 321.276,
 19 31 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305,
 19 32 321.306, 321.307, 321.308, section 321.309, subsection 2, or
 19 33 section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
 19 34 321.324, 321.324A, 321.327, 321.329, 321.333, or 321.372,
 19 35 subsection 3, causing serious injury to or the death of another
 20  1 person may be subject to the following penalties in addition
 20  2 to the penalty provided for a scheduled violation in section
 20  3 805.8A or any other penalty provided by law:
 20  4                           DIVISION IV
 20  5             OVERSIZE AND OVERWEIGHT MOTOR VEHICLES
 20  6    Sec. 35.  Section 321E.7, subsection 1, Code 2016, is amended
 20  7 by adding the following new paragraph:
 20  8    NEW PARAGRAPH.  e.  Vehicles operating under a permit issued
 20  9 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross
 20 10 weight not to exceed forty=six thousand pounds on a single
 20 11 tandem axle of the truck tractor and a gross weight not to
 20 12 exceed forty=six thousand pounds on a single tandem axle of the
 20 13 trailer or semitrailer if each axle of each tandem group has at
 20 14 least four tires.
 20 15                           DIVISION V
 20 16                            AIRCRAFT
 20 17    Sec. 36.  Section 328.24, subsection 1, Code 2016, is amended
 20 18 to read as follows:
 20 19    1.  If, during the year for which an aircraft, except
 20 20 nonresident aircraft used for the application of herbicides
 20 21 and pesticides, was registered and the required fee paid, the
 20 22 aircraft is destroyed by fire or accident or junked, and its
 20 23 identity as an aircraft entirely eliminated, or the aircraft
 20 24 is removed and continuously used beyond the boundaries of the
 20 25 state, then the owner in whose name it was registered at the
 20 26 time of destruction, dismantling, or removal from the state
 20 27 shall return the certificate of registration to the department
 20 28 within thirty days and make affidavit of the destruction,
 20 29 dismantling, or removal and make claim for the refund. The
 20 30 refund shall be paid from the general fund of the state.
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