Bill Text: IA SF386 | 2013-2014 | 85th General Assembly | Enrolled

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, 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

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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.

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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

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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.

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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 ,

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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

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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

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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