House File 582 - Introduced HOUSE FILE 582 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 78) A BILL FOR An Act relating to matters under the purview of the 1 department of transportation, including the use of 2 information contained in electronic driver and nonoperator 3 identification records, the form of motor vehicle financial 4 liability coverage cards, motor truck registration 5 periods, grounds for disqualification of commercial 6 vehicle operators, provisions for the issuance of temporary 7 restricted licenses for persons convicted of operating 8 while intoxicated, registration fees for electric vehicles, 9 and the administration of highway contracts, and including 10 applicability date provisions. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 12 TLSB 1298HV (2) 85 dea/nh

H.F. 582 Section 1. Section 22.7, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 65. Personal information contained on 3 electronic driver’s license or nonoperator’s identification 4 card records that is provided by the licensee or card holder to 5 the department of transportation for use by law enforcement, 6 first responders, emergency medical service providers, and 7 other medical personnel responding to or assisting with an 8 emergency. 9 Sec. 2. Section 321.1, subsection 60, Code 2013, is amended 10 to read as follows: 11 60. “Registration year” means the period of twelve 12 consecutive months beginning on the first day of the month 13 following the month of the birth of the owner of the vehicle 14 for vehicles registered by the county treasurer, except that 15 “registration year” means the calendar year for motor trucks 16 and truck tractors with a combined gross weight exceeding 17 five tons which are registered by the county treasurer in two 18 equal semiannual installments pursuant to sections 321.120, 19 321.121, and 321.122, and “registration year” means the period 20 of twelve consecutive months, as determined by the owner, 21 for motor trucks and truck tractors that are registered by 22 the county treasurer on an annual basis pursuant to sections 23 321.120, 321.121, and 321.122 . For leased vehicles registered 24 by the county treasurer, except for motor trucks and truck 25 tractors with a combined gross weight exceeding five tons 26 registered pursuant to sections 321.120, 321.121, and 321.122 , 27 “registration year” means the period of twelve consecutive 28 months beginning on the first day of the month following the 29 month in which the lease expires. For vehicles registered 30 under chapter 326 , “registration year” means the twelve-month 31 period determined by the department pursuant to section 326.14 . 32 Sec. 3. Section 321.20B, subsection 1, paragraph a, Code 33 2013, is amended to read as follows: 34 a. Notwithstanding chapter 321A , which requires certain 35 -1- LSB 1298HV (2) 85 dea/nh 1/ 11

H.F. 582 persons to maintain proof of financial responsibility, a 1 person shall not drive a motor vehicle on the highways of 2 this state unless financial liability coverage, as defined 3 in section 321.1, subsection 24B , is in effect for the motor 4 vehicle and unless the driver has in the motor vehicle the 5 proof of financial liability coverage card issued for the motor 6 vehicle, or if the vehicle is registered in another state, 7 other evidence that financial liability coverage is in effect 8 for the motor vehicle. A proof of financial liability coverage 9 card may be produced in paper or electronic format. Acceptable 10 electronic formats include electronic images displayed on a 11 cellular telephone or any other portable electronic device that 12 has a display screen with touch input or a miniature keyboard. 13 Sec. 4. Section 321.20B, subsection 2, paragraph a, Code 14 2013, is amended to read as follows: 15 a. An insurance company transacting business in this 16 state shall issue to its insured owners of motor vehicles 17 registered in this state a financial liability coverage card 18 for each motor vehicle insured. Each financial liability 19 coverage card shall identify the registration number or vehicle 20 identification number of the motor vehicle insured and shall 21 indicate the expiration date of the applicable insurance 22 coverage. The financial liability coverage card shall also 23 contain the name and address of the insurer or the name of the 24 insurer and the name and address of the insurance agency, the 25 name of the insured, and an emergency telephone number of the 26 insurer or emergency telephone number of the insurance agency. 27 An insurance company may issue a financial liability coverage 28 card in either paper format or, if requested by the insured, 29 electronic format. 30 Sec. 5. Section 321.26, subsection 3, Code 2013, is amended 31 to read as follows: 32 3. Vehicles Except for motor trucks or truck tractors 33 registered by the county treasurer pursuant to sections 34 321.120, 321.121, and 321.122, vehicles subject to registration 35 -2- LSB 1298HV (2) 85 dea/nh 2/ 11

H.F. 582 which are owned by a person other than a natural person shall 1 be registered for a registration year as determined by the 2 county treasurer. 3 Sec. 6. Section 321.106, subsection 1, Code 2013, is amended 4 to read as follows: 5 1. When a motor truck, truck tractor, or road tractor is 6 registered by the county treasurer for a combined gross weight 7 exceeding five tons pursuant to section 321.120, 321.121, or 8 321.122 and there is no delinquency and the registration is 9 made in February or succeeding months through November, the 10 annual registration fee shall be prorated for the remaining 11 unexpired months of the registration year. A fee shall not be 12 required for the month of December for a vehicle registered 13 on a calendar year basis on which there is no delinquency. 14 However, when such a vehicle is registered in November, the 15 vehicle may be registered for the remaining unexpired months of 16 the registration year or for the remaining unexpired months of 17 the registration year and for the next registration year, upon 18 payment of the applicable registration fees. 19 Sec. 7. Section 321.134, subsections 2 and 3, Code 2013, are 20 amended to read as follows: 21 2. The annual registration fee for trucks, truck tractors, 22 and road tractors registered by the county treasurer, as 23 provided in sections 321.120, 321.121 , and 321.122 , may be 24 payable in two equal semiannual installments if the annual 25 registration fee exceeds the annual registration fee for a 26 vehicle with a gross weight exceeding five tons. The penalties 27 provided in subsection 1 shall be computed on the amount of 28 the first installment only and on the first day of the seventh 29 month of the registration period the same rate of penalty shall 30 apply to the second installment, until the fee is paid. 31 3. If a penalty applies to an annual vehicle registration 32 fee provided for in sections 321.120, 321.121 , and 321.122 , 33 the same penalty shall be assessed on the fees collected to 34 increase the registered gross weight of the vehicle, if the 35 -3- LSB 1298HV (2) 85 dea/nh 3/ 11

H.F. 582 increased gross weight is requested within forty-five days from 1 the date the delinquent vehicle is registered for the current 2 registration period. 3 Sec. 8. Section 321.208, subsection 6, unnumbered paragraph 4 1, Code 2013, is amended to read as follows: 5 A person is disqualified from operating a commercial motor 6 vehicle if the person receives convictions for committing 7 within any three-year period two or more of the following 8 offenses while operating a commercial motor vehicle , or 9 while operating a noncommercial motor vehicle and holding 10 a commercial driver’s license if the convictions result in 11 the revocation, cancellation, or suspension of the person’s 12 commercial driver’s license or noncommercial motor vehicle 13 driving privileges: 14 Sec. 9. Section 321.208, subsection 6, Code 2013, is amended 15 by adding the following new paragraphs: 16 NEW PARAGRAPH . i. Violating a state or local law or 17 ordinance on motor vehicle traffic control prohibiting texting 18 while driving a commercial motor vehicle. 19 NEW PARAGRAPH . j. Violating a state or local law or 20 ordinance on motor vehicle traffic control restricting or 21 prohibiting the use of a hand-held mobile telephone while 22 driving a commercial motor vehicle. 23 Sec. 10. Section 321.466, subsection 1, Code 2013, is 24 amended by striking the subsection. 25 Sec. 11. Section 321.466, subsection 2, Code 2013, is 26 amended to read as follows: 27 2. During or after the seventh month of a current 28 registration year, the The owner of a motor truck, truck 29 tractor, or road tractor, if the owner’s operation has not 30 resulted in a conviction or action pending under this section , 31 may increase the gross weight registration of the vehicle to 32 a higher gross weight registration by payment of one-twelfth 33 of the difference between the annual fee for the higher gross 34 weight and the amount of the fee for the gross weight at 35 -4- LSB 1298HV (2) 85 dea/nh 4/ 11

H.F. 582 which the vehicle is registered, multiplied by the number of 1 unexpired months of the registration year. If the owner’s 2 operation has resulted in a conviction or action pending under 3 this section, any increase in the gross weight registration 4 shall be obtained by payment of the difference between the 5 annual fee for the higher gross weight and the amount of the 6 fee for the gross weight at which the vehicle is registered. 7 Sec. 12. Section 321J.17, subsections 1 and 3, Code 2013, 8 are amended to read as follows: 9 1. If the department revokes a person’s driver’s license 10 or nonresident operating privilege under this chapter , the 11 department shall assess the person a civil penalty of two 12 hundred dollars. The money collected by the department under 13 this section shall be transmitted to the treasurer of state 14 who shall deposit one-half of the money in the separate fund 15 established in section 915.94 and one-half of the money in the 16 general fund of the state. A temporary restricted license 17 shall not be issued unless an ignition interlock device has 18 been installed pursuant to section 321J.4 . A driver’s license 19 or nonresident operating privilege shall not be reinstated 20 unless proof of deinstallation of an ignition interlock device 21 installed pursuant to section 321J.4 has been submitted to 22 the department. Except as provided in section 321.210B , a 23 temporary restricted license shall not be issued or a driver’s 24 license or nonresident operating privilege reinstated until 25 the civil penalty has been paid. A person assessed a penalty 26 under this section may remit the civil penalty along with a 27 processing fee of five dollars to a county treasurer authorized 28 to issue driver’s licenses under chapter 321M , or the civil 29 penalty may be paid directly to the department. 30 3. The department shall also require certification of 31 installation of an ignition interlock device of a type approved 32 by the commissioner of public safety on all motor vehicles 33 owned or operated by any person seeking reinstatement following 34 a second or subsequent revocation under section 321J.4 , 321J.9 , 35 -5- LSB 1298HV (2) 85 dea/nh 5/ 11

H.F. 582 or 321J.12 , unless such a person has previously received a 1 temporary restricted license during the term of the revocation 2 as authorized by this chapter . The requirement for the 3 installation of an approved ignition interlock device shall be 4 for one year from the date of reinstatement unless a different 5 longer time period is required by statute. The one-year 6 period a person is required to maintain an ignition interlock 7 device under this subsection shall be reduced by any period 8 of time the person held a valid temporary restricted license 9 during the revocation for the occurrence from which the arrest 10 arose. The person shall not operate any motor vehicle which 11 is not equipped with an approved ignition interlock device 12 during the period in which an ignition interlock device must be 13 maintained, and the department shall not grant reinstatement 14 unless the person certifies installation of an ignition 15 interlock device as required in this subsection. 16 Sec. 13. Section 321J.20, subsection 1, paragraph d, Code 17 2013, is amended to read as follows: 18 d. Following the applicable minimum period of ineligibility, 19 a temporary restricted license under this subsection shall 20 not be issued until the applicant installs an ignition 21 interlock device of a type approved by the commissioner of 22 public safety on all motor vehicles owned or operated by the 23 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 24 or 321J.12 . Installation of an ignition interlock device 25 under this subsection shall be required for the period of time 26 for which the temporary restricted license is issued and for 27 such additional period of time following reinstatement as is 28 required under section 321J.17, subsection 3 . 29 Sec. 14. Section 321J.20, subsection 2, Code 2013, is 30 amended to read as follows: 31 2. a. Notwithstanding section 321.560 , the department may, 32 on application, and upon the expiration of the minimum period 33 of ineligibility for a temporary restricted license provided 34 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 35 -6- LSB 1298HV (2) 85 dea/nh 6/ 11

H.F. 582 temporary restricted license to a person whose noncommercial 1 driver’s license has either been revoked under this chapter , or 2 revoked or suspended under chapter 321 solely for violations 3 of this chapter , or who has been determined to be a habitual 4 offender under chapter 321 based solely on violations of this 5 chapter or on violations listed in section 321.560, subsection 6 1 , paragraph “b” , and who is not eligible for a temporary 7 restricted license under subsection 1 . However, the department 8 may not issue a temporary restricted license under this 9 subsection for a violation of section 321J.2A or to a person 10 under the age of twenty-one whose license is revoked under 11 section 321J.4 , 321J.9 , or 321J.12 . A temporary restricted 12 license issued under this subsection may allow the person to 13 drive to and from the person’s home and specified places at 14 specified times which can be verified by the department and 15 which are required by the person’s full-time or part-time 16 employment , ; continuing education while enrolled in an 17 educational institution on a part-time or full-time basis and 18 while pursuing a course of study leading to a diploma, degree, 19 or other certification of successful educational completion , ; 20 or substance abuse treatment. 21 b. Notwithstanding paragraph “a” , a temporary restricted 22 license issued to a person whose noncommercial driver’s license 23 has been revoked under section 321J.4, subsection 2 , section 24 321J.9, subsection 1 , paragraph “b” , or section 321J.12, 25 subsection 1 , paragraph “b” , shall provide for but not exceed 26 the uses permitted by 23 U.S.C. § 164 . This restriction 27 applies only during the first three hundred sixty-five days of 28 the person’s revocation. 29 c. b. A temporary restricted license issued under this 30 subsection shall be conditioned upon the installation of not 31 be issued until the applicant installs an approved ignition 32 interlock device on all motor vehicles owned or operated by 33 the person applicant . Installation of an ignition interlock 34 device under this subsection shall be required for the period 35 -7- LSB 1298HV (2) 85 dea/nh 7/ 11

H.F. 582 of time for which the temporary restricted license is issued, 1 and for such additional period of time following reinstatement 2 as is required under section 321J.17, subsection 3. However, 3 a person whose driver’s license or nonresident operating 4 privilege has been revoked under section 321J.21 may apply to 5 the department for a temporary restricted license without the 6 requirement of an ignition interlock device if at least twelve 7 years have elapsed since the end of the underlying revocation 8 period for a violation of section 321J.2 . 9 Sec. 15. Section 321M.9, subsection 4, Code 2013, is amended 10 by striking the subsection. 11 Sec. 16. REPEAL. Section 321.116, Code 2013, is repealed. 12 Sec. 17. REPEAL. 1984 Iowa Acts, chapter 1229, section 2, 13 is repealed. 14 Sec. 18. APPLICABILITY —— PRIOR ELECTRIC VEHICLE 15 REGISTRATIONS. 16 1. Except as provided in subsection 2, the section of this 17 Act that repeals section 321.116 applies to the registration of 18 electric motor vehicles for registration years beginning on or 19 after January 1, 2014. 20 2. For an annual renewal of registration for an electric 21 motor vehicle which was registered to the same owner for a 22 registration year beginning prior to January 1, 2014, the 23 annual registration fee shall be according to the terms of 24 section 321.116, Code 2013. 25 EXPLANATION 26 This bill contains provisions relating to a variety of 27 matters administered by the department of transportation. 28 The bill amends Code section 22.7 to provide that personal 29 information contained on electronic driver’s license or 30 nonoperator’s identification card records that is provided by 31 the licensee or card holder for use by certain law enforcement 32 and medical personnel responding to or assisting with an 33 emergency constitutes a confidential record. 34 The bill provides that a proof of financial liability 35 -8- LSB 1298HV (2) 85 dea/nh 8/ 11

H.F. 582 coverage card required to be carried in a motor vehicle may 1 be produced in paper or electronic format. An electronic 2 image displayed on the screen of a cellular telephone or other 3 portable electronic device with a touch screen or miniature 4 keyboard is an acceptable electronic format. The bill allows 5 insurance companies to issue a financial liability coverage 6 card in paper format or, at the request of the insured, in 7 electronic format. 8 Under current law, commercial vehicles operated in 9 interstate commerce are registered by the department on a 10 staggered schedule for registration years determined by the 11 department. This bill amends the definition of “registration 12 year” in Code section 321.1 and related provisions in Code 13 sections 321.26 and 321.106 to permit staggered registration, 14 at the option of the owner, for any motor truck registered for 15 six tons or more. Code section 321.134 is amended to include 16 business-trade trucks in provisions allowing for semiannual 17 payment of registration fees. 18 Under current law, a person is disqualified from operating 19 a commercial motor vehicle if the person has two or more 20 convictions within a three-year period for certain specified 21 offenses committed while operating a commercial motor vehicle, 22 or committed while operating a noncommercial motor vehicle and 23 holding a commercial driver’s license if the convictions result 24 in a sanction of the person’s driving privileges. Code section 25 321.208 is amended to add texting and using a hand-held mobile 26 telephone in violation of a state or local law while operating 27 a commercial motor vehicle to that list of specified offenses. 28 Currently, the owner of a vehicle may increase the gross 29 weight registration of a vehicle by paying the difference 30 between the fee for the higher gross weight and the fee for the 31 gross weight for which the vehicle is registered. Beginning 32 in the seventh month of a registration year, the gross weight 33 registration fee is determined by prorating the difference in 34 the fee for the remaining months. Under the bill, proration 35 -9- LSB 1298HV (2) 85 dea/nh 9/ 11

H.F. 582 of the fee applies at any time in the registration year 1 that the owner applies for an increased weight registration. 2 However, if the owner has a conviction or action pending for 3 a weight registration violation, the fee for increased weight 4 registration is the difference between the annual fee for the 5 higher gross weight and the fee for the gross weight at which 6 the vehicle is registered. 7 Under current law, a person whose driver’s license is 8 revoked upon conviction of a second offense of operating while 9 intoxicated may apply for a temporary restricted license 45 10 days after the effective date of revocation if the person 11 submitted to chemical testing, and 90 days after revocation 12 if the person refused testing. The issuance of a temporary 13 restricted license is conditioned upon the installation of 14 an ignition interlock device on all motor vehicles owned 15 or operated by the person. At the end of the period of 16 revocation, an ignition interlock device is required for a 17 period of one year, unless a different period is required 18 by statute; however, an ignition interlock device is not 19 required for reinstatement if the person had a temporary 20 restricted license during the revocation period. The bill 21 amends Code sections 321J.17 and 321J.20 to provide that a 22 person is required to maintain an ignition interlock device 23 for one year or longer following reinstatement. The one-year 24 period is reduced by any period of time the person held a 25 valid temporary restricted license during the revocation 26 for the occurrence from which the arrest arose. A person 27 is prohibited from operating any motor vehicle not equipped 28 with an ignition interlock device during the period in which 29 a device is required to be maintained, and a person must 30 certify installation of an ignition interlock device before 31 the department can grant reinstatement. The bill also strikes 32 a provision in current law that ties the permissible use of 33 certain temporary restricted licenses to uses permitted under 34 federal law. Finally, the bill strikes the current requirement 35 -10- LSB 1298HV (2) 85 dea/nh 10/ 11

H.F. 582 that a person who was issued a temporary restricted license 1 must submit proof of deinstallation of an ignition interlock 2 device as a condition for reinstatement of a full driver’s 3 license. 4 The bill strikes a provision in Code section 321M.9 5 requiring the auditor of state to conduct periodic studies of 6 the county driver’s license issuance program. 7 Code section 321.116, which establishes an annual 8 registration fee of $25 for an electric motor vehicle up to 9 five model years old and a fee of $15 thereafter, is repealed. 10 As a result, electric motor vehicles will be subject to 11 registration fees based on the weight and value of the vehicle. 12 The change applies for registration years beginning on or after 13 January 1, 2014. However, current fees will continue to apply 14 to registration renewals for electric motor vehicles registered 15 to the same owner for a registration year beginning prior to 16 January 1, 2014. 17 The bill repeals a provision in 1984 Acts, chapter 1229, 18 that linked the contingent repeal of Code section 314.14, as it 19 existed at that time, to the repeal or expiration of a federal 20 statute relating to set-aside contracts for disadvantaged 21 business enterprises. Due to subsequent substantive amendments 22 to the Code section, the contingent repeal provision is no 23 longer relevant. 24 -11- LSB 1298HV (2) 85 dea/nh 11/ 11