Bill Text: IA SF386 | 2013-2014 | 85th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, including the use of information contained in electronic driver and nonoperator identification records, the form of motor vehicle financial liability coverage cards, motor truck registration periods, grounds for disqualification of commercial vehicle operators, provisions for the issuance of temporary restricted licenses for persons convicted of operating while intoxicated, county issuance of driver's licenses, and the administration of highway contracts. (Formerly SSB 1224.) Various effective dates; see section 21 of bill.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF386 Detail]
Download: Iowa-2013-SF386-Enrolled.html
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, including the use of information contained in electronic driver and nonoperator identification records, the form of motor vehicle financial liability coverage cards, motor truck registration periods, grounds for disqualification of commercial vehicle operators, provisions for the issuance of temporary restricted licenses for persons convicted of operating while intoxicated, county issuance of driver's licenses, and the administration of highway contracts. (Formerly SSB 1224.) Various effective dates; see section 21 of bill.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF386 Detail]
Download: Iowa-2013-SF386-Enrolled.html
Senate
File
386
AN
ACT
RELATING
TO
MATTERS
UNDER
THE
PURVIEW
OF
THE
DEPARTMENT
OF
TRANSPORTATION,
INCLUDING
THE
USE
OF
INFORMATION
CONTAINED
IN
ELECTRONIC
DRIVER
AND
NONOPERATOR
IDENTIFICATION
RECORDS,
THE
FORM
OF
MOTOR
VEHICLE
FINANCIAL
LIABILITY
COVERAGE
CARDS,
MOTOR
TRUCK
REGISTRATION
PERIODS,
REGULATION
OF
GLIDER
KIT
VEHICLES,
GROUNDS
FOR
DISQUALIFICATION
OF
COMMERCIAL
VEHICLE
OPERATORS,
PROVISIONS
FOR
THE
ISSUANCE
OF
TEMPORARY
RESTRICTED
LICENSES
FOR
PERSONS
CONVICTED
OF
OPERATING
WHILE
INTOXICATED,
COUNTY
ISSUANCE
OF
DRIVER’S
LICENSES,
AND
THE
ADMINISTRATION
OF
HIGHWAY
CONTRACTS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
22.7,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
65.
Personal
information
contained
on
electronic
driver’s
license
or
nonoperator’s
identification
card
records
that
is
provided
by
the
licensee
or
card
holder
to
the
department
of
transportation
for
use
by
law
enforcement,
first
responders,
emergency
medical
service
providers,
and
other
medical
personnel
responding
to
or
assisting
with
an
emergency.
Sec.
2.
Section
321.1,
subsections
12A,
37,
59,
and
74,
Code
2013,
are
amended
to
read
as
follows:
12A.
“Completed
motor
vehicle”
means
a
motor
vehicle
which
does
not
require
any
additional
manufacturing
operations
to
perform
its
intended
function
except
the
addition
of
readily
attachable
equipment,
components,
or
minor
finishing
operations.
“Completed
motor
vehicle
”
also
includes
a
glider
kit
vehicle.
Senate
File
386,
p.
2
37.
“Manufacturer”
means
every
person
engaged
in
the
business
of
fabricating
or
assembling
vehicles
of
a
type
required
to
be
registered.
It
“Manufacturer”
does
not
include
a
person
who
converts,
modifies,
or
alters
a
completed
motor
vehicle
manufactured
by
another
person
or
a
person
who
assembles
a
glider
kit
vehicle
.
It
“Manufacturer”
includes
a
person
who
uses
a
completed
motor
vehicle
manufactured
by
another
person
to
construct
a
class
“B”
motor
home
as
defined
in
section
321.124
.
59.
“Reconstructed
vehicle”
means
every
vehicle
of
a
type
required
to
be
registered
under
this
chapter
materially
altered
from
its
original
construction
by
the
removal,
addition,
or
substitution
of
essential
parts,
new
or
used.
“Reconstructed
vehicle”
does
not
include
a
street
rod
,
or
replica
vehicle
,
or
glider
kit
vehicle
.
74.
“Specially
constructed
vehicle”
means
every
vehicle
of
a
type
required
to
be
registered
under
this
chapter
not
originally
constructed
under
a
distinctive
name,
make,
model,
or
type
by
a
generally
recognized
manufacturer
of
vehicles
and
not
materially
altered
from
its
original
construction.
A
“specially
“Specially
constructed
vehicle”
does
not
include
a
street
rod
,
or
replica
vehicle
,
or
glider
kit
vehicle
.
Sec.
3.
Section
321.1,
subsection
60,
Code
2013,
is
amended
to
read
as
follows:
60.
“Registration
year”
means
the
period
of
twelve
consecutive
months
beginning
on
the
first
day
of
the
month
following
the
month
of
the
birth
of
the
owner
of
the
vehicle
for
vehicles
registered
by
the
county
treasurer,
except
that
“registration
year”
means
the
calendar
year
for
motor
trucks
and
truck
tractors
with
a
combined
gross
weight
exceeding
five
tons
which
are
registered
by
the
county
treasurer
in
two
equal
semiannual
installments
pursuant
to
sections
321.120,
321.121,
and
321.122,
and
“registration
year”
means
the
period
of
twelve
consecutive
months,
as
determined
by
the
owner,
for
motor
trucks
and
truck
tractors
that
are
registered
by
the
county
treasurer
on
an
annual
basis
pursuant
to
sections
321.120,
321.121,
and
321.122
.
For
leased
vehicles
registered
by
the
county
treasurer,
except
for
motor
trucks
and
truck
tractors
with
a
combined
gross
weight
exceeding
five
tons
registered
pursuant
to
sections
321.120,
321.121,
and
321.122
,
“registration
year”
means
the
period
of
twelve
consecutive
months
beginning
on
the
first
day
of
the
month
following
the
month
in
which
the
lease
expires.
For
vehicles
registered
Senate
File
386,
p.
3
under
chapter
326
,
“registration
year”
means
the
twelve-month
period
determined
by
the
department
pursuant
to
section
326.14
.
Sec.
4.
Section
321.1,
Code
2013,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
28B.
“Glider
kit
vehicle”
means
a
commercial
motor
vehicle,
as
defined
in
subsection
11,
that
is
a
combination
of
a
new
cab
and
a
new
frame
with
an
engine,
transmission,
and
drive
axle
that
are
not
new
such
that
the
resulting
vehicle
is
not
a
newly
manufactured
vehicle
pursuant
to
49
C.F.R.
§
571.7(e).
Sec.
5.
Section
321.20B,
subsection
1,
paragraph
a,
Code
2013,
is
amended
to
read
as
follows:
a.
Notwithstanding
chapter
321A
,
which
requires
certain
persons
to
maintain
proof
of
financial
responsibility,
a
person
shall
not
drive
a
motor
vehicle
on
the
highways
of
this
state
unless
financial
liability
coverage,
as
defined
in
section
321.1,
subsection
24B
,
is
in
effect
for
the
motor
vehicle
and
unless
the
driver
has
in
the
motor
vehicle
the
proof
of
financial
liability
coverage
card
issued
for
the
motor
vehicle,
or
if
the
vehicle
is
registered
in
another
state,
other
evidence
that
financial
liability
coverage
is
in
effect
for
the
motor
vehicle.
A
proof
of
financial
liability
coverage
card
may
be
produced
in
paper
or
electronic
format.
Acceptable
electronic
formats
include
electronic
images
displayed
on
a
cellular
telephone
or
any
other
portable
electronic
device
that
has
a
display
screen
with
touch
input
or
a
miniature
keyboard.
Sec.
6.
Section
321.20B,
subsection
2,
paragraph
a,
Code
2013,
is
amended
to
read
as
follows:
a.
An
insurance
company
transacting
business
in
this
state
shall
issue
to
its
insured
owners
of
motor
vehicles
registered
in
this
state
a
financial
liability
coverage
card
for
each
motor
vehicle
insured.
Each
financial
liability
coverage
card
shall
identify
the
registration
number
or
vehicle
identification
number
of
the
motor
vehicle
insured
and
shall
indicate
the
expiration
date
of
the
applicable
insurance
coverage.
The
financial
liability
coverage
card
shall
also
contain
the
name
and
address
of
the
insurer
or
the
name
of
the
insurer
and
the
name
and
address
of
the
insurance
agency,
the
name
of
the
insured,
and
an
emergency
telephone
number
of
the
insurer
or
emergency
telephone
number
of
the
insurance
agency.
An
insurance
company
may
issue
a
financial
liability
coverage
card
in
either
paper
format
or,
if
requested
by
the
insured,
electronic
format.
Senate
File
386,
p.
4
Sec.
7.
Section
321.26,
subsection
3,
Code
2013,
is
amended
to
read
as
follows:
3.
Vehicles
Except
for
motor
trucks
or
truck
tractors
registered
by
the
county
treasurer
pursuant
to
sections
321.120,
321.121,
and
321.122,
vehicles
subject
to
registration
which
are
owned
by
a
person
other
than
a
natural
person
shall
be
registered
for
a
registration
year
as
determined
by
the
county
treasurer.
Sec.
8.
Section
321.45,
subsection
1,
Code
2013,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
d.
Notwithstanding
paragraph
“c”
,
a
glider
kit
vehicle
shall
take
the
identity
of
the
new
cab
and
the
new
frame
used
in
the
assembly
of
the
glider
kit
vehicle.
Sec.
9.
Section
321.106,
subsection
1,
Code
2013,
is
amended
to
read
as
follows:
1.
When
a
motor
truck,
truck
tractor,
or
road
tractor
is
registered
by
the
county
treasurer
for
a
combined
gross
weight
exceeding
five
tons
pursuant
to
section
321.120,
321.121,
or
321.122
and
there
is
no
delinquency
and
the
registration
is
made
in
February
or
succeeding
months
through
November,
the
annual
registration
fee
shall
be
prorated
for
the
remaining
unexpired
months
of
the
registration
year.
A
fee
shall
not
be
required
for
the
month
of
December
for
a
vehicle
registered
on
a
calendar
year
basis
on
which
there
is
no
delinquency.
However,
when
such
a
vehicle
is
registered
in
November,
the
vehicle
may
be
registered
for
the
remaining
unexpired
months
of
the
registration
year
or
for
the
remaining
unexpired
months
of
the
registration
year
and
for
the
next
registration
year,
upon
payment
of
the
applicable
registration
fees.
Sec.
10.
Section
321.134,
subsections
2
and
3,
Code
2013,
are
amended
to
read
as
follows:
2.
The
annual
registration
fee
for
trucks,
truck
tractors,
and
road
tractors
registered
by
the
county
treasurer,
as
provided
in
sections
321.120,
321.121
,
and
321.122
,
may
be
payable
in
two
equal
semiannual
installments
if
the
annual
registration
fee
exceeds
the
annual
registration
fee
for
a
vehicle
with
a
gross
weight
exceeding
five
tons.
The
penalties
provided
in
subsection
1
shall
be
computed
on
the
amount
of
the
first
installment
only
and
on
the
first
day
of
the
seventh
month
of
the
registration
period
the
same
rate
of
penalty
shall
apply
to
the
second
installment,
until
the
fee
is
paid.
3.
If
a
penalty
applies
to
an
annual
vehicle
registration
fee
provided
for
in
sections
321.120,
321.121
,
and
321.122
,
Senate
File
386,
p.
5
the
same
penalty
shall
be
assessed
on
the
fees
collected
to
increase
the
registered
gross
weight
of
the
vehicle,
if
the
increased
gross
weight
is
requested
within
forty-five
days
from
the
date
the
delinquent
vehicle
is
registered
for
the
current
registration
period.
Sec.
11.
Section
321.208,
subsection
6,
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
A
person
is
disqualified
from
operating
a
commercial
motor
vehicle
if
the
person
receives
convictions
for
committing
within
any
three-year
period
two
or
more
of
the
following
offenses
while
operating
a
commercial
motor
vehicle
,
or
while
operating
a
noncommercial
motor
vehicle
and
holding
a
commercial
driver’s
license
if
the
convictions
result
in
the
revocation,
cancellation,
or
suspension
of
the
person’s
commercial
driver’s
license
or
noncommercial
motor
vehicle
driving
privileges:
Sec.
12.
Section
321.208,
subsection
6,
Code
2013,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
i.
Violating
a
state
or
local
law
or
ordinance
on
motor
vehicle
traffic
control
prohibiting
texting
while
driving
a
commercial
motor
vehicle.
NEW
PARAGRAPH
.
j.
Violating
a
state
or
local
law
or
ordinance
on
motor
vehicle
traffic
control
restricting
or
prohibiting
the
use
of
a
hand-held
mobile
telephone
while
driving
a
commercial
motor
vehicle.
Sec.
13.
Section
321.466,
subsection
1,
Code
2013,
is
amended
by
striking
the
subsection.
Sec.
14.
Section
321.466,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
During
or
after
the
seventh
month
of
a
current
registration
year,
the
The
owner
of
a
motor
truck,
truck
tractor,
or
road
tractor,
if
the
owner’s
operation
has
not
resulted
in
a
conviction
or
action
pending
under
this
section
,
may
increase
the
gross
weight
registration
of
the
vehicle
to
a
higher
gross
weight
registration
by
payment
of
one-twelfth
of
the
difference
between
the
annual
fee
for
the
higher
gross
weight
and
the
amount
of
the
fee
for
the
gross
weight
at
which
the
vehicle
is
registered,
multiplied
by
the
number
of
unexpired
months
of
the
registration
year.
If
the
owner’s
operation
has
resulted
in
a
conviction
or
action
pending
under
this
section,
any
increase
in
the
gross
weight
registration
shall
be
obtained
by
payment
of
the
difference
between
the
annual
fee
for
the
higher
gross
weight
and
the
amount
of
the
Senate
File
386,
p.
6
fee
for
the
gross
weight
at
which
the
vehicle
is
registered.
Sec.
15.
Section
321J.17,
subsections
1
and
3,
Code
2013,
are
amended
to
read
as
follows:
1.
If
the
department
revokes
a
person’s
driver’s
license
or
nonresident
operating
privilege
under
this
chapter
,
the
department
shall
assess
the
person
a
civil
penalty
of
two
hundred
dollars.
The
money
collected
by
the
department
under
this
section
shall
be
transmitted
to
the
treasurer
of
state
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
established
in
section
915.94
and
one-half
of
the
money
in
the
general
fund
of
the
state.
A
temporary
restricted
license
shall
not
be
issued
unless
an
ignition
interlock
device
has
been
installed
pursuant
to
section
321J.4
.
A
driver’s
license
or
nonresident
operating
privilege
shall
not
be
reinstated
unless
proof
of
deinstallation
of
an
ignition
interlock
device
installed
pursuant
to
section
321J.4
has
been
submitted
to
the
department.
Except
as
provided
in
section
321.210B
,
a
temporary
restricted
license
shall
not
be
issued
or
a
driver’s
license
or
nonresident
operating
privilege
reinstated
until
the
civil
penalty
has
been
paid.
A
person
assessed
a
penalty
under
this
section
may
remit
the
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
a
county
treasurer
authorized
to
issue
driver’s
licenses
under
chapter
321M
,
or
the
civil
penalty
may
be
paid
directly
to
the
department.
3.
The
department
shall
also
require
certification
of
installation
of
an
ignition
interlock
device
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
motor
vehicles
owned
or
operated
by
any
person
seeking
reinstatement
following
a
second
or
subsequent
revocation
under
section
321J.4
,
321J.9
,
or
321J.12
,
unless
such
a
person
has
previously
received
a
temporary
restricted
license
during
the
term
of
the
revocation
as
authorized
by
this
chapter
.
The
requirement
for
the
installation
of
an
approved
ignition
interlock
device
shall
be
for
one
year
from
the
date
of
reinstatement
unless
a
different
longer
time
period
is
required
by
statute.
The
one-year
period
a
person
is
required
to
maintain
an
ignition
interlock
device
under
this
subsection
shall
be
reduced
by
any
period
of
time
the
person
held
a
valid
temporary
restricted
license
during
the
revocation
for
the
occurrence
from
which
the
arrest
arose.
The
person
shall
not
operate
any
motor
vehicle
which
is
not
equipped
with
an
approved
ignition
interlock
device
during
the
period
in
which
an
ignition
interlock
device
must
be
maintained,
and
the
department
shall
not
grant
reinstatement
Senate
File
386,
p.
7
unless
the
person
certifies
installation
of
an
ignition
interlock
device
as
required
in
this
subsection.
Sec.
16.
Section
321J.20,
subsection
1,
paragraph
d,
Code
2013,
is
amended
to
read
as
follows:
d.
Following
the
applicable
minimum
period
of
ineligibility,
a
temporary
restricted
license
under
this
subsection
shall
not
be
issued
until
the
applicant
installs
an
ignition
interlock
device
of
a
type
approved
by
the
commissioner
of
public
safety
on
all
motor
vehicles
owned
or
operated
by
the
applicant
in
accordance
with
section
321J.2
,
321J.4
,
321J.9
,
or
321J.12
.
Installation
of
an
ignition
interlock
device
under
this
subsection
shall
be
required
for
the
period
of
time
for
which
the
temporary
restricted
license
is
issued
and
for
such
additional
period
of
time
following
reinstatement
as
is
required
under
section
321J.17,
subsection
3
.
Sec.
17.
Section
321J.20,
subsection
2,
Code
2013,
is
amended
to
read
as
follows:
2.
a.
Notwithstanding
section
321.560
,
the
department
may,
on
application,
and
upon
the
expiration
of
the
minimum
period
of
ineligibility
for
a
temporary
restricted
license
provided
for
under
section
321.560
,
321J.4
,
321J.9
,
or
321J.12
,
issue
a
temporary
restricted
license
to
a
person
whose
noncommercial
driver’s
license
has
either
been
revoked
under
this
chapter
,
or
revoked
or
suspended
under
chapter
321
solely
for
violations
of
this
chapter
,
or
who
has
been
determined
to
be
a
habitual
offender
under
chapter
321
based
solely
on
violations
of
this
chapter
or
on
violations
listed
in
section
321.560,
subsection
1
,
paragraph
“b”
,
and
who
is
not
eligible
for
a
temporary
restricted
license
under
subsection
1
.
However,
the
department
may
not
issue
a
temporary
restricted
license
under
this
subsection
for
a
violation
of
section
321J.2A
or
to
a
person
under
the
age
of
twenty-one
whose
license
is
revoked
under
section
321J.4
,
321J.9
,
or
321J.12
.
A
temporary
restricted
license
issued
under
this
subsection
may
allow
the
person
to
drive
to
and
from
the
person’s
home
and
specified
places
at
specified
times
which
can
be
verified
by
the
department
and
which
are
required
by
the
person’s
full-time
or
part-time
employment
,
;
continuing
education
while
enrolled
in
an
educational
institution
on
a
part-time
or
full-time
basis
and
while
pursuing
a
course
of
study
leading
to
a
diploma,
degree,
or
other
certification
of
successful
educational
completion
,
;
or
substance
abuse
treatment.
b.
Notwithstanding
paragraph
“a”
,
a
temporary
restricted
Senate
File
386,
p.
8
license
issued
to
a
person
whose
noncommercial
driver’s
license
has
been
revoked
under
section
321J.4,
subsection
2
,
section
321J.9,
subsection
1
,
paragraph
“b”
,
or
section
321J.12,
subsection
1
,
paragraph
“b”
,
shall
provide
for
but
not
exceed
the
uses
permitted
by
23
U.S.C.
§
164
.
This
restriction
applies
only
during
the
first
three
hundred
sixty-five
days
of
the
person’s
revocation.
c.
b.
A
temporary
restricted
license
issued
under
this
subsection
shall
be
conditioned
upon
the
installation
of
not
be
issued
until
the
applicant
installs
an
approved
ignition
interlock
device
on
all
motor
vehicles
owned
or
operated
by
the
person
applicant
.
Installation
of
an
ignition
interlock
device
under
this
subsection
shall
be
required
for
the
period
of
time
for
which
the
temporary
restricted
license
is
issued,
and
for
such
additional
period
of
time
following
reinstatement
as
is
required
under
section
321J.17,
subsection
3.
However,
a
person
whose
driver’s
license
or
nonresident
operating
privilege
has
been
revoked
under
section
321J.21
may
apply
to
the
department
for
a
temporary
restricted
license
without
the
requirement
of
an
ignition
interlock
device
if
at
least
twelve
years
have
elapsed
since
the
end
of
the
underlying
revocation
period
for
a
violation
of
section
321J.2
.
Sec.
18.
Section
321M.9,
subsection
4,
Code
2013,
is
amended
by
striking
the
subsection.
Sec.
19.
Section
322.2,
subsections
2
and
11,
Code
2013,
are
amended
to
read
as
follows:
2.
“Completed
motor
vehicle”
means
a
motor
vehicle
which
does
not
require
any
additional
manufacturing
operations
to
perform
its
intended
function
except
the
addition
of
readily
attachable
equipment,
components
,
or
minor
finishing
operations.
“Completed
motor
vehicle”
also
includes
a
glider
kit
vehicle
as
defined
in
section
321.1.
11.
“Manufacturer”
means
any
person
engaged
in
the
business
of
fabricating
or
assembling
motor
vehicles.
It
“Manufacturer”
does
not
include
a
person
who
converts,
modifies,
or
alters
a
completed
motor
vehicle
manufactured
by
another
person
or
a
person
who
assembles
a
glider
kit
vehicle
as
defined
in
section
321.1
.
It
“Manufacturer”
includes
a
person
who
uses
a
completed
motor
vehicle
manufactured
by
another
person
to
construct
a
class
“B”
motor
home
as
defined
in
section
321.124
.
Sec.
20.
REPEAL.
1984
Iowa
Acts,
chapter
1229,
section
2,
is
repealed.
Sec.
21.
EFFECTIVE
UPON
ENACTMENT.
The
following
Senate
File
386,
p.
9
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
Act
amending
section
321.1,
subsections
12A,
37,
59,
and
74.
2.
The
section
of
this
Act
enacting
section
321.1,
subsection
28B.
3.
The
section
of
this
Act
enacting
section
321.45,
subsection
1,
paragraph
“d”.
4.
The
section
of
this
Act
amending
section
322.2,
subsections
2
and
11.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
386,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2013
______________________________
TERRY
E.
BRANSTAD
Governor