SSB 1041 – Making texting while driving a primary offense SSB 1069 – Department of Transportation omnibus
SSB 1241 – National Motor Vehicle Title Information System
SF 241 – Bicycle lights after dark
SF 354 – Salvage vehicle registration fees
COMMITTEE ACTION:
SSB 1041, as amended, makes texting while driving a primary offense. Current law prohibits the use of an electronic device to write, send or read a text message while operating a motor vehicle, but a driver can only be cited if they are pulled over for another violation. The bill clarifies that the texting ban is applicable to any electronic communication done by hand. [3/3: 13-0]
SSB 1069 is the Department of Transportation (DOT) policy bill. As amended, the bill includes these elements:
DIVISION I — AVIATION. The bill eliminates the exception that allows DOT to compete with private enterprise in aircraft pool operations. The DOT no longer maintains an aircraft pool. The bill eliminates the requirement that certificates of registration for aircraft be displayed and presented to the DOT upon request. Certificates now are held electronically.
DIVISION II — TRANSPORTATION DEPARTMENT AND COMMISSION. Code chapter 307, which establishes the DOT, is amended and reorganized to reflect the current structure and responsibilities of the department and its divisions. Provisions that relate to the state transportation commission are repealed from Code chapter 307 and moved to Code chapter 307A, which relates to the commission. Code chapter 307A, which contains some of the duties of the state transportation commission, is amended to include provisions establishing the commission and providing for its organization and membership. Provisions that relate to the duties performed by the DOT are repealed from Code chapter 307A and moved to Code chapter 307.
DIVISION III — MOTOR VEHICLES:
** Expands the DOT’s ability to issue regular license plates without fee to federal law enforcement officers.
** Fixes a loophole in 2014 legislation by making the fee for the voluntary replacement of a driver’s license to remove “under 18” or “under 21” upon attaining such age from $1 to $10.
** Provides that a person whose driver’s license was suspended or revoked for motor vehicle violations and was also suspended or revoked for operating-while-intoxicated is eligible for a temporary restricted license if the person meets the eligibility requirements of both provisions.
** Alters the late filing penalty for commercial driver registration fees from five percent of fees due to all states to five percent of the fees due to Iowa only. Late penalties will remain due to the state until the fees and penalties are received.
DIVISION IV — RAIL TRANSPORTATION. This division repeals obsolete Code sections.
DIVISION V — COMMERCIAL DRIVER’S LICENSES &PERMITS. This division provides that the fee for removing full air brake, manual transmission, tractor-trailer or passenger vehicle restrictions on a CDL or CLP is $10. In compliance with federal law, this division also:
** Defines commercial driver’s license (CDL) and commercial learner’s permit (CLP) as they are defined in federal regulations.
** Alters weight calculations for commercial motor vehicles and tank vehicles.
** Expands Code sections that refer to CDLs to also refer to CLPs.
** Requires the DOT to adopt rules to administer CDLs and CLPs in compliance with federal law on an emergency basis, with provisions taking effect upon enactment.
** Provides for qualifications and requirements for holders of a CLP, and makes them a precondition to the initial issuance or upgrade of a CDL. Permit holders are not eligible to take driver’s tests required for a CDL for 14 days after issuance of the permit, and CLPs are not valid for the operation of vehicles transporting hazardous material.
**Requires DOT to disqualify the CDL or CLP of anyone suspected or convicted of fraud related to the testing for or issuance of the license or permit, and to adopt rules governing such disqualification.
** Extends the waiver of a driving skills test if the applicant has separated from military service in the past year, except where the applicant has violated a state, local or military traffic law.
SUBSTANTIVE AMENDMENTS ADOPTED BY THE COMMITTEE:
** Allow annual permits for bagged livestock bedding.
** Change the maximum length for travel trailers and fifth wheels from 40 to 45 feet.
** Allow new motor vehicles to be displayed and offered for sale at the Iowa State Fair. A price may be negotiated, but sales must be finalized at the dealer’s principal place of business. [3/3: 13-0]
SSB 1241, as amended in committee, is an effort to preserve a fair and level playing field, to assist law enforcement in deterring and preventing vehicle-related crimes, and to enhance consumer protection in the purchase and sale of motor vehicles.
Iowa is one of 37 states that participate in the National Motor Vehicle Title Information System (NMVTIS). This bill codifies participation as a requirement. NMVTIS is the federally mandated motor vehicle title history database maintained by the U.S. Department of Justice that links the states’ motor vehicle title records and requires the reporting of junk and salvage motor vehicles for verification of a vehicle’s history, as well as the accuracy and legality of its title, before a purchase or title transfer occurs.
The bill creates an alternative way for motor vehicle owners who do not have a certificate of title or junking certificate to dispose of it with a vehicle recycler for scrap or junk if the vehicle is 12 model years old or older and has a fair market value of less than $1,000. An “affidavit of ownership” is for end-of-life vehicles only. It requires a vehicle owner to provide, under penalty of perjury:
** Their name and telephone number.
** Vehicle information, including year, make, model, body type and color.
** Vehicle Information Number (VIN).
** Whether or not there is a lien on the vehicle.
The bill requires applicants seeking to become an authorized vehicle recycler to provide proof of registration with the NMVTIS. In addition, the bill requires a vehicle recycler license to state the licensee’s registration number for the NMVTIS.
The bill requires a licensed vehicle recycler subject to federal regulations relating to the NMVTIS to register with the NMVTIS, and for any vehicle purchased by the vehicle recycler, to comply with the federal reporting requirements within two business days of purchasing the vehicle. The reporting requirement includes information such as:
** VIN information, current state of title and last title date.
** Odometer reading.
** Total loss history.
** Salvage history.
** Other information that the Iowa Department of Transportation (DOT) may require.
Records of the vehicle recycler’s compliance must be kept for at least three years, and must be open for inspection during normal business hours. The bill provides that the DOT must adopt rules to implement these provisions. A violation of these provisions is a simple misdemeanor punishable by a fine of at least $250, but not to exceed $1,500, and imprisonment not to exceed 30 days.
An authorized vehicle recycler license, or an application for such a license, may be denied, revoked or suspended for noncompliance. [3/4: 12-0 (Danielson absent)]
SF 241, as amended, provides that a bicycle must have a rear lighted lamp from sunset to sunrise, and may not use a rear reflector in lieu of the rear lighted lamp. Under current law, a bicycle must have a front lighted lamp and either a rear lighted lamp or a rear reflector at any time from sunset to sunrise, and whenever conditions make it impossible to be seen at a distance of 500 feet. The scheduled fine for violating this provision is $25. A citation for failure to use front and rear lights as required must give the cyclist 72 hours to replace or repair their lights. If the cyclist complies, the citation will be dropped. [3/4: 12-0 (Danielson absent)]
SF 354 provides that a vehicle titled under a salvage certificate of title is exempt from the fee for new registration until the vehicle is repaired and a regular certificate of title is applied for. If the owner of the vehicle is not licensed as a motor vehicle dealer, the fee for new registration is equal to 2 percent of the value of the vehicle as determined by the Department of Transportation (DOT), with deductions allowed for the cost of parts, supplies and equipment for which sales tax was paid, and which were used to rebuild the vehicle. DOT will adopt rules to determine how such deductions are to be documented.
The fee for new registration will be automatically reduced in certain circumstances:
** If the motor vehicle is seven model years old or older, but newer than nine model years old, the fee for new registration is 1.75 percent of the value of the vehicle.
** If the motor vehicle is nine model years old or older, but newer than 12 model years old, the fee for new registration is 1.25 percent of the value of the vehicle.
** If the motor vehicle is 12 model years old or older, the fee for new registration is 0.5 percent of the value of the vehicle. [3/4: 12-0 (Danielson absent)]