Senate File 2246     

                            AN ACT
RELATING TO THE REGULATION OF MOTOR VEHICLES BY THE
   DEPARTMENT OF TRANSPORTATION, INCLUDING MODIFICATION OF THE
   DEFINITION OF BUSINESS=TRADE TRUCK, PROVISIONS CONCERNING
   LICENSING SANCTIONS AND PENALTIES FOR VEHICLE RECYCLERS
   AND MOTOR VEHICLE DEALERS, ANNUAL REGISTRATION FEES FOR
   CERTAIN VEHICLES EQUIPPED FOR A PERSON WITH A DISABILITY OR
   USED BY A PERSON WHO RELIES ON A WHEELCHAIR, REQUIREMENTS
   FOR THE ISSUANCE OF TEMPORARY PERSONS WITH DISABILITIES
   PARKING PERMITS, AND PROVISIONS FOR THE OPERATION OF CERTAIN
   TAXICABS AND LIMOUSINES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 321.1, subsection 7A, Code Supplement
2009, is amended to read as follows:
   7A.  "Business=trade truck" means a model year 2010 or
newer motor truck with an unladen weight of ten thousand pounds
or less which is owned by a corporation, limited liability
company, or partnership or by a person who files a schedule C
or schedule F form with the federal internal revenue service
and which is eligible for depreciation under { 167 of the
Internal Revenue Code.  If the motor truck is a leased vehicle,
the motor truck is a business=trade truck only if the lessee
is a corporation, limited liability company, or partnership
and the truck is used primarily for purposes of the business
operations of the corporation, limited liability company, or
partnership or the lessee is a person who files a schedule C or
schedule F form with the federal internal revenue service and
the truck is used primarily for purposes of the person's own
business or farming operation.
   Sec. 2.  Section 321.109, subsection 1, paragraph b, Code
2009, is amended to read as follows:
   b.  The annual registration fee shall be sixty dollars for a
vehicle, otherwise subject to paragraph "a", with permanently
installed equipment manufactured for and necessary to assist a
person with a disability who is either the owner or lessee of
the vehicle or a member of the owner's or lessee's household
in entry and exit of the vehicle or for such a vehicle if the
vehicle's owner or lessee of the vehicle or a member of the
vehicle owner's or lessee's household uses a wheelchair as the
only means of mobility shall be sixty dollars. This paragraph
applies only to vehicles that are otherwise subject to
paragraph "a" and to motor trucks with an unladen weight of ten
thousand pounds or less that are otherwise subject to section
321.122. For purposes of this paragraph, "uses a wheelchair"
does not include use of a wheelchair due to a temporary injury
or medical condition.
   Sec. 3.  Section 321H.3, subsection 4, Code Supplement 2009,
is amended to read as follows:
   4.  Storing more than six vehicles not currently registered
or storing damaged vehicles except where such storing of
damaged vehicles is incidental to the primary purpose of the
repair of motor vehicles for others.
   Sec. 4.  Section 321H.6, subsection 3, Code Supplement 2009,
is amended to read as follows:
   3.  The licensee has been convicted of a fraudulent practice
or any other indictable offense in connection with selling or
other activity relating to motor vehicles, in this state or any
other state, or has been convicted of three or more violations
of section 321.92, subsection 2, or section 321.99.
   Sec. 5.  Section 321H.6, Code Supplement 2009, is amended by
adding the following new subsection:
   NEW SUBSECTION.  6.  The licensee has been determined in a
final judgment of a court of competent jurisdiction to have
violated section 714.16 in connection with selling or other
activity relating to vehicles.
   Sec. 6.  Section 321H.8, subsection 2, Code Supplement 2009,
is amended to read as follows:
   2.  A person who has been convicted of a fraudulent practice
or, has been convicted of three or more violations of section
321.92, subsection 2, or section 321.99, or has been convicted
of any other indictable offense in connection with selling or
other activity relating to motor vehicles, in this state or
any other state, shall not for a period of five years from
the date of conviction be an owner, salesperson, employee,
officer of a corporation, or representative of a licensed
motor an authorized vehicle recycler or represent themselves
as an owner, salesperson, employee, officer of a corporation,
or representative of a licensed motor an authorized vehicle
recycler.
   Sec. 7.  Section 321L.2, subsection 1, unnumbered paragraph
1, Code Supplement 2009, is amended to read as follows:
   A resident of the state with a disability desiring a persons
with disabilities parking permit shall apply to the department
upon an application form furnished by the department providing
the applicant's full legal name, address, date of birth, and
social security number or Iowa driver's license number or
Iowa nonoperator's identification card number, and shall also
provide a statement from a physician licensed under chapter
148 or 149, a physician assistant licensed under chapter
148C, an advanced registered nurse practitioner licensed
under chapter 152, or a chiropractor licensed under chapter
151, or a physician, physician assistant, nurse practitioner,
or chiropractor licensed to practice in a contiguous state,
written on the physician's, physician assistant's, nurse
practitioner's, or chiropractor's stationery, stating the
nature of the applicant's disability and such additional
information as required by rules adopted by the department
under section 321L.8.  If the person is applying for a
temporary persons with disabilities parking permit, the
physician's, physician assistant's, nurse practitioner's, or
chiropractor's statement shall state the period of time during
which the person is expected to be disabled and the period
of time for which the permit should be issued, not to exceed
six months.  The department may waive the requirement that
the applicant furnish the applicant's social security number,
Iowa driver's license number, or nonoperator's identification
card number when the application for a temporary persons with
disabilities parking permit is made on behalf of a person who
is less than one year old.
   Sec. 8.  Section 322.3, subsection 12, Code Supplement 2009,
is amended to read as follows:
   12.  A person who has been convicted of a fraudulent practice
or, has been convicted of three or more violations of section
321.92, subsection 2, or section 321.99, or has been convicted
of any other indictable offense in connection with selling or
other activity relating to motor vehicles, in this state or any
other state, shall not for a period of five years from the date
of conviction be an owner, salesperson, employee, officer of
a corporation, or representative of a licensed motor vehicle
dealer or represent themselves as an owner, salesperson,
employee, officer of a corporation, or representative of a
licensed motor vehicle dealer.
   Sec. 9.  Section 322.6, subsection 1, paragraph d, Code
Supplement 2009, is amended to read as follows:
   d.  The applicant has been convicted of a fraudulent practice
or any indictable offense in connection with selling or other
activity relating to motor vehicles, in this state or any other
state, or has been convicted of three or more violations of
section 321.92, subsection 2, or section 321.99.
   Sec. 10.  Section 322.6, subsection 1, paragraph i, Code
Supplement 2009, is amended by striking the paragraph and
inserting in lieu thereof the following:
   i.  The applicant has been determined in a final judgment
of a court of competent jurisdiction to have violated section
714.16 in connection with selling or other activity relating to
motor vehicles and the department determines that the applicant
should not therefore be engaged in the business of selling
motor vehicles.
   Sec. 11.  Section 325A.2, subsection 2, Code 2009, is amended
to read as follows:
   2.  A local authority, as defined in section 321.1, shall
not impose any regulations, including special registration or
inspection requirements, upon the operation of motor carriers
that are more restrictive than any of the provisions of this
chapter, or section 321.449 or 321.450.  This subsection does
not, however, prohibit a local authority from exercising the
home rule power of the local authority to impose additional
or more restrictive regulations or requirements upon the
operation of taxicabs or limousines engaged in nonfixed route
transportation for hire.


                                                            
                              JOHN P. KIBBIE
                              President of the Senate


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House
   I hereby certify that this bill originated in the Senate and
is known as Senate File 2246, Eighty=third General Assembly.


                                                            
                              MICHAEL E. MARSHALL
                              Secretary of the Senate
Approved                , 2010


                                                            
                              CHESTER J. CULVER
                              Governor

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