Bill Text: IA HF158 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing for restricted driver motor vehicle registration plates to identify persons driving under a temporary restricted driver's license following a second or subsequent revocation for operating while intoxicated, and providing penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF158 Detail]
Download: Iowa-2011-HF158-Introduced.html
House
File
158
-
Introduced
HOUSE
FILE
158
BY
KAUFMANN
and
BAUDLER
A
BILL
FOR
An
Act
providing
for
restricted
driver
motor
vehicle
1
registration
plates
to
identify
persons
driving
under
a
2
temporary
restricted
driver’s
license
following
a
second
or
3
subsequent
revocation
for
operating
while
intoxicated,
and
4
providing
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
321.34A
Restricted
driver
1
registration
plates.
2
1.
Upon
application
to
the
county
treasurer,
the
owner
3
of
a
motor
vehicle
subject
to
registration
shall
be
issued
4
restricted
driver
registration
plates
at
no
charge
in
exchange
5
for
the
regular
or
special
registration
plates
issued
for
the
6
vehicle
under
section
321.34.
If
the
application
is
for
a
new
7
registration,
the
restricted
driver
registration
plates
shall
8
be
issued
in
lieu
of
regular
registration
plates
upon
payment
9
of
the
regular
annual
registration
fee
for
the
vehicle.
10
2.
Restricted
driver
registration
plates,
to
be
designed
11
by
the
department,
shall
be
of
a
different
color
than
regular
12
registration
plates
and
bear
a
unique
series
of
alphanumeric
13
characters
so
as
to
be
readily
identified
by
peace
officers.
14
Application
for
or
acceptance
of
restricted
driver
registration
15
plates
constitutes
implied
consent
for
a
peace
officer
to
stop
16
the
vehicle
bearing
the
restricted
driver
registration
plates
17
at
any
time.
A
peace
officer
who
observes
the
operation
of
a
18
motor
vehicle
displaying
restricted
driver
registration
plates
19
may
stop
the
vehicle
for
the
purpose
of
determining
whether
the
20
driver
is
operating
the
vehicle
lawfully
under
a
valid
driver’s
21
license.
22
3.
Restricted
driver
registration
plates
expire
on
the
23
same
date
as
the
registration
plates
they
replace
and
shall
be
24
validated
by
the
county
treasurer
in
the
same
manner
as
regular
25
registration
plates
are
validated
upon
payment
of
the
annual
26
registration
fee
for
the
vehicle.
27
4.
Except
as
provided
in
section
321J.20,
subsection
7A,
28
upon
application
by
the
owner
of
a
motor
vehicle,
the
county
29
treasurer
shall
issue
regular
or
special
registration
plates,
30
under
the
terms
and
conditions
in
section
321.34
and
subject
to
31
applicable
fees,
in
exchange
for
restricted
driver
registration
32
plates.
33
5.
It
is
a
simple
misdemeanor
for
a
person
to
do
any
of
the
34
following:
35
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a.
Knowingly
disguise
or
obscure
the
color
of
restricted
1
driver
registration
plates.
2
b.
Knowingly
operate
a
motor
vehicle
displaying
restricted
3
driver
registration
plates
that
have
been
disguised
or
4
obscured.
5
Sec.
2.
Section
321J.20,
Code
2011,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
7A.
a.
Prior
to
issuing
a
temporary
8
restricted
license
under
this
section
to
a
person
whose
9
driver’s
license
or
nonresident
operating
privilege
has
been
10
revoked
for
a
second
or
subsequent
time
under
this
chapter,
11
the
department
shall
require
the
surrender
of
the
registration
12
plates
issued
under
section
321.34
for
the
following
motor
13
vehicles,
as
identified
by
the
department,
which
are
not
14
already
legally
impounded:
15
(1)
Any
motor
vehicle
registered
to
the
person
whose
license
16
is
revoked,
individually
or
jointly.
17
(2)
Any
motor
vehicle
for
which
the
person
whose
license
is
18
revoked
is
listed
on
the
certificate
of
title
as
the
owner
or
19
co-owner.
20
(3)
Any
leased
motor
vehicle
required
to
be
registered
21
under
section
321F.8,
if
the
person
whose
license
is
revoked
is
22
listed
as
the
lessee
or
co-lessee.
23
b.
The
department
shall
issue
restricted
driver
registration
24
plates
as
provided
in
section
321.34A
in
exchange
for
the
25
surrendered
plates
for
each
motor
vehicle
listed
under
26
paragraph
“a”
.
27
c.
A
registered
owner
of
a
motor
vehicle
issued
restricted
28
driver
registration
plates
under
this
subsection
shall
not
29
sell
the
motor
vehicle
during
the
time
it
is
registered
with
30
restricted
driver
registration
plates
unless
the
registered
31
owner
applies
to
the
department
for
consent
to
transfer
title
32
to
the
motor
vehicle.
If
the
department
is
satisfied
that
the
33
proposed
sale
is
in
good
faith
and
for
valid
consideration,
34
that
the
registered
owner
will
be
deprived
of
custody
and
35
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158
control
of
the
motor
vehicle,
and
that
the
sale
is
not
for
the
1
purpose
of
circumventing
the
provisions
of
this
subsection,
the
2
department
may
certify
its
consent
to
the
county
treasurer.
3
The
county
treasurer
shall
then
transfer
the
title
to
the
4
new
owner
upon
proper
application
and
issue
new
registration
5
plates.
If
the
title
to
the
motor
vehicle
is
transferred
6
by
the
cancellation
of
a
conditional
sales
contract,
a
sale
7
upon
execution,
or
by
decree
or
order
of
a
court
of
competent
8
jurisdiction
after
the
registration
plates
have
been
ordered
9
surrendered
under
this
subsection,
the
department
shall
order
10
the
title
surrendered
to
the
new
registered
owner.
The
county
11
treasurer
shall
then
transfer
the
title
to
the
new
owner
and
12
issue
new
registration
plates
pursuant
to
section
321.34.
If
13
a
person
holding
a
temporary
restricted
license
issued
under
14
this
section
following
a
second
or
subsequent
revocation
under
15
this
chapter
applies
for
a
new
motor
vehicle
registration
of
16
a
type
listed
under
paragraph
“a”
,
the
county
treasurer
shall
17
issue
restricted
driver
registration
plates
for
the
vehicle
18
upon
payment
of
the
annual
registration
fee
for
the
vehicle.
19
d.
When
the
period
of
revocation
of
the
person’s
20
noncommercial
driver’s
license
under
this
chapter
expires,
the
21
owner
of
a
motor
vehicle
issued
restricted
driver
registration
22
plates
under
this
subsection
may
apply
to
the
county
treasurer
23
for
regular
or
special
registration
plates
for
the
vehicle,
24
under
the
terms
and
conditions
in
section
321.34
and
subject
25
to
applicable
fees.
When
satisfied
that
the
period
of
license
26
revocation
under
this
chapter
is
expired,
and
upon
payment
of
27
any
required
fees,
the
county
treasurer
shall
issue
regular
or
28
special
registration
plates
for
the
vehicle
in
exchange
for
the
29
restricted
driver
registration
plates.
30
e.
A
person
holding
a
temporary
restricted
license
issued
31
by
the
department
under
this
section
following
a
second
or
32
subsequent
revocation
under
this
chapter
shall
not
operate
a
33
motor
vehicle
other
than
a
motor
vehicle
displaying
restricted
34
driver
registration
plates
issued
pursuant
to
section
321.34A
35
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and
this
section.
1
EXPLANATION
2
This
bill
requires
the
department
of
transportation
to
3
design
and
issue
restricted
driver
motor
vehicle
registration
4
plates,
which
shall
be
of
a
different
color
than
regular
5
registration
plates
and
bear
a
unique
set
of
alphanumeric
6
characters
so
as
to
be
readily
identifiable
by
peace
officers.
7
Any
motor
vehicle
owner
may
apply
to
the
county
treasurer
for
8
restricted
driver
registration
plates
to
be
issued
in
exchange
9
for
the
regular
or
special
registration
plates
currently
10
issued
for
the
vehicle.
The
restricted
driver
registration
11
plates
are
to
be
substituted
at
no
additional
charge,
but
are
12
subject
to
the
regular
annual
registration
fee
for
the
vehicle.
13
Application
for
or
acceptance
of
restricted
driver
registration
14
plates
constitutes
implied
consent
for
a
peace
officer
to
stop
15
the
vehicle
displaying
the
plates
at
any
time,
and
a
peace
16
officer
may
stop
such
a
vehicle
to
determine
whether
the
driver
17
is
operating
under
a
valid
driver’s
license.
18
The
bill
prohibits
a
person
whose
driver’s
license
or
19
nonresident
operating
privilege
has
been
revoked
for
a
second
20
or
subsequent
time
for
operating
while
intoxicated
(OWI)
21
from
operating
a
motor
vehicle
under
a
temporary
restricted
22
driver’s
license
unless
the
vehicle
displays
restricted
23
driver
registration
plates.
The
bill
requires
that
before
24
such
a
person
is
issued
a
temporary
restricted
license,
the
25
department
shall
require
the
surrender
of
the
regular
or
26
special
registration
plates
for
any
motor
vehicle
registered
to
27
the
person,
any
motor
vehicle
for
which
the
person
is
listed
28
as
an
owner
or
co-owner,
and
any
motor
vehicle
for
which
the
29
person
is
listed
as
the
lessee
or
co-lessee.
Upon
surrender
30
of
the
regular
or
special
plates,
the
department
shall
issue
31
restricted
driver
registration
plates
for
each
such
vehicle.
32
Any
motor
vehicle
newly
registered
while
the
person
is
driving
33
under
a
temporary
restricted
license
for
OWI
must
also
be
34
issued
restricted
driver
registration
plates
in
lieu
of
regular
35
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registration
plates.
A
vehicle
required
to
have
restricted
1
driver
registration
plates
cannot
be
sold
without
the
consent
2
of
the
department.
In
addition,
the
bill
permits
transfer
of
3
ownership
to
a
vehicle
upon
cancellation
of
a
conditional
sales
4
contract,
a
sale
upon
execution,
or
by
decree
or
order
of
a
5
court.
6
The
bill
provides
that
an
OWI
offender
with
a
temporary
7
restricted
license
who
was
required
to
have
restricted
driver
8
registration
plates
may
exchange
the
plates
for
regular
9
or
special
registration
plates
when
the
period
of
license
10
revocation
is
expired.
The
owner
of
a
motor
vehicle
who
was
11
not
required
under
OWI
provisions
to
display
restricted
driver
12
registration
plates
but
applied
for
the
plates
voluntarily
13
may
exchange
the
plates
at
any
time
for
regular
or
special
14
registration
plates.
15
The
bill
prohibits
a
person
from
knowingly
disguising
or
16
obscuring
the
color
of
restricted
driver
registration
plates
17
or
from
knowingly
operating
a
vehicle
whose
restricted
driver
18
registration
plates
have
been
obscured
or
disguised.
A
19
violation
is
a
simple
misdemeanor,
punishable
by
confinement
20
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
21
than
$625
or
by
both.
22
A
person
holding
a
temporary
restricted
license
that
was
23
issued
following
a
second
or
subsequent
revocation
for
OWI
24
who
operates
a
motor
vehicle
not
displaying
restricted
driver
25
registration
plates
in
violation
of
the
bill’s
provisions
26
would
be
considered
to
be
driving
under
a
revoked
driver’s
27
license.
Such
an
offense
is
a
serious
misdemeanor,
punishable
28
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
29
$315
but
not
more
than
$1,875.
The
person
is
also
assessed
30
an
additional
fine
of
$1,000
and
the
period
of
revocation
is
31
doubled.
32
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