SF 371 – Establishes a single specialty plate to be customized with a decal
HF 236– Golf carts on roads in an unincorporated area
HF 395– Dealer input on motor vehicle franchise territory
FLOOR ACTION:
SF 371 eliminates the current process to request a new special plate and eliminates state agency sponsorship of new special plates. The Department of Transportation will begin issuing special plates with a spot for an organization decal to be designed, produced and issued by the organization. The plates will be available without an additional special plate fee at the time of initial registration of a vehicle. The new plates will also be available as personalized plates upon payment of personalized plate fees. A qualifying organization must be a nonprofit with at least 200 members, whose primary activity serves the community or contributes to the welfare of others. A group of such organizations with a common purpose may also be approved to issue a decal. An organization must apply for approval by submitting proof of its nonprofit status, the proposed decal design, proof of legal rights to use the design, and an explanation of the purpose of the decal, eligibility requirements and fees the organization will charge for the decal. The department may establish criteria for decal designs. If the application is approved, the organization is responsible to produce and issue the decal. Fees charged by the organization for the decals will be retained by the organization. The bill takes effect January 1, 2014. Through an amendment adopted on the floor, existing special plates are grandfathered in. [4/2: 50-0]
COMMITTEE ACTION:
HF 236 allows a county board of supervisors to permit the operation of golf carts on the streets of a community within an unincorporated area, subject to the same licensing and safety equipment requirements currently applicable to the operation of golf carts in cities. Golf carts may not be operated on a primary road extension within the city except to cross the primary road extension, and golf cart operation is only allowed from sunrise to sunset. The person operating the golf cart must have a valid driver’s license and the golf cart must be equipped with a slow moving vehicle sign, a bicycle safety flag, and adequate brakes. The local governing body may impose additional safety requirements. A violation is a simple misdemeanor punishable by a scheduled fine of $100. [3/29: 11-0 (Danielson, Feenstra excused)]
HF 395 establishes a review process when an auto manufacturer wants to alter a motor vehicle dealer’s area of responsibility. The manufacturer must give a dealer 60 days’ notice of the proposed change. If the dealer does not like the proposed change:
1) The dealer can request an explanation for the change within 30 days (or another date stated in the notice);
2) After receiving the explanation, but before the effective date, the dealer may object to the proposed change. The manufacturer must provide an internal appeal process if they have not already allowed the dealer to provide information in objection to the change prior to issuing notice;
3) Within 15 days of completion of the internal appeal process, a dealer may request a hearing as allowed under current law. Other dealers in surrounding communities affected by the proposed change may participate in the hearing. Through the hearing, the Department of Inspections and Appeals may affirm, deny or modify the proposed change in the dealer’s area of responsibility, ensure the change is reasonable and assess the costs of the hearing to the parties. There will be no cost to the state or to taxpayers. The manufacturer has the burden of proof because they are altering the status quo.
No change in a dealer’s area of responsibility may occur during the internal appeal process or the hearing, which may take longer than 60 days to complete. A manufacturer may not take any adverse action against a dealer as a result of a change in the dealer’s area of responsibility for at least 12 months after the effective date. The bill makes conforming changes in Code sections 322A.7 and 322A.9. [4/3: 11-0 (Feenstra, Kapucian excused)]