Bill Text: IA SF2248 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, providing fees, and making penalties applicable. (Formerly SSB 3110.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-03-10 - Read first time, referred to Transportation. H.J. 450. [SF2248 Detail]
Download: Iowa-2015-SF2248-Amended.html
Senate File 2248 - Reprinted SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 3110) (As Amended and Passed by the Senate March 9, 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: SF 2248 (4) 86 ns/nh/jh 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 thanaan autocycle, motorcycle, motorized bicycle, oratruck 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 foraan 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,exceptunless 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 ofthirtyfifty dollarsupon completion ofat the 15 6 time the examination is scheduled. The agency performing the 15 7 examinations shall retaintwentyforty 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 21Persons 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 yearswhoseif 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 andwhothe 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 licenseand 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 thestudent'slicensee's school of 16 22 enrollment for the purpose of participating in extracurricular 16 23 activities conducted under a sharing agreement with the 16 24student'slicensee'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 22c.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 21d.(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).18 322.4. 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. 19 163.5. Citations for violation of restrictions. A person who 19 17 violates the restrictions imposed under subsection1, 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 subsection1, 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, subsection12, 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 20nonresidentaircraft 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. SF 2248 (4) 86 ns/nh/jh