Bill Text: IA HF509 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for special vehicle registration plates displaying a decal designed and issued by a nonprofit organization, providing fees, making a penalty applicable, and including effective date provisions. (Formerly HSB 211)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF509 Detail]
Download: Iowa-2013-HF509-Introduced.html
House
File
509
-
Introduced
HOUSE
FILE
509
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
211)
A
BILL
FOR
An
Act
providing
for
special
vehicle
registration
plates
1
displaying
a
decal
designed
and
issued
by
a
nonprofit
2
organization,
providing
fees,
making
a
penalty
applicable,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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509
Section
1.
Section
321.34,
subsection
13,
Code
2013,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
13.
Special
plates
displaying
organization
decal.
4
a.
(1)
The
owner
of
a
motor
vehicle
subject
to
registration
5
pursuant
to
section
321.109,
subsection
1,
motor
truck,
motor
6
home,
multipurpose
vehicle,
motorcycle,
trailer,
or
travel
7
trailer
may
upon
request
be
issued
special
registration
8
plates
that
contain
a
space
reserved
for
the
placement
of
an
9
organization
decal.
If
the
special
plates
are
requested
at
the
10
time
of
initial
application
for
registration
and
certificate
11
of
title
for
the
vehicle,
no
special
plate
fee
is
required
12
other
than
the
regular
annual
registration
fee
for
the
vehicle.
13
If
the
special
plates
are
requested
as
replacement
plates,
14
the
owner
shall
surrender
the
current
regular
or
special
15
registration
plates
in
exchange
for
the
special
plates
and
16
shall
pay
a
replacement
plate
fee
of
five
dollars.
The
county
17
treasurer
shall
validate
special
plates
with
an
organization
18
decal
in
the
same
manner
as
regular
plates,
upon
payment
of
the
19
annual
registration
fee.
20
(2)
An
applicant
may
obtain
a
personalized
special
21
registration
plate
with
space
reserved
for
an
organization
22
decal,
subject
to
the
additional
fees
for
a
personalized
plate
23
as
provided
in
subsection
5.
Personalized
plates
with
space
24
reserved
for
an
organization
decal
shall
be
limited
to
no
more
25
than
five
initials,
letters,
or
combinations
of
numerals
and
26
letters.
27
b.
(1)
An
organization
may
apply
to
the
department
28
for
approval
to
issue
a
decal
to
be
displayed
on
vehicle
29
registration
plates.
To
qualify
for
such
approval,
an
30
organization
must
have
at
least
two
hundred
members
in
this
31
state
and
shall
meet
the
following
requirements:
32
(a)
The
primary
activity
or
interest
of
the
organization
33
serves
the
community,
contributes
to
the
welfare
of
others,
34
and
is
not
discriminatory
in
its
purpose,
nature,
activity,
or
35
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name.
1
(b)
The
name
and
purpose
of
the
organization
do
not
promote
2
any
specific
product
or
brand
name
that
is
provided
for
sale.
3
(c)
The
organization
is
a
nonprofit
corporation
which
is
4
exempt
from
taxation
under
section
501(c)(3)
of
the
Internal
5
Revenue
Code
and
is
organized
under
the
laws
of
this
state
or
6
authorized
to
do
business
within
this
state.
7
(2)
The
department
may
accept
an
application
for
a
decal
8
design
from
a
group
of
nonprofit
organizations
with
a
common
9
purpose,
provided
that
each
organization
within
the
group
meets
10
the
requirements
for
a
qualifying
organization
established
by
11
the
department
under
this
subsection.
12
c.
An
organization
desiring
to
issue
a
decal
shall
submit
an
13
application
to
the
department
on
a
form
to
be
provided
by
the
14
department.
Along
with
the
application,
the
organization
shall
15
furnish
to
the
department
all
of
the
following:
16
(1)
A
copy
of
the
articles
of
incorporation
for
the
17
organization.
18
(2)
A
copy
of
the
charter
or
by-laws
for
the
organization.
19
(3)
Any
Internal
Revenue
Service
rulings
concerning
the
20
organization’s
nonprofit
tax
exemption
status.
21
(4)
A
color
copy
of
the
completed
decal
design.
22
(5)
A
clear
and
concise
explanation
of
the
purpose
of
the
23
decal,
all
eligibility
requirements
for
purchasing
the
decal,
24
and
fees
to
be
charged
for
the
decal.
25
(6)
Certification
by
the
person
who
has
legal
rights
to
the
26
decal
design
allowing
use
of
the
design.
27
(7)
Any
other
information
required
by
the
department.
28
d.
The
department
shall
consider
a
proposed
decal
design
29
based
upon
criteria
established
by
the
department,
which
shall
30
include
but
not
be
limited
to
the
following:
31
(1)
A
decal
shall
not
promote
a
specific
religion,
faith,
or
32
anti-religious
sentiment.
33
(2)
A
decal
shall
not
have
any
sexual
connotation
and
shall
34
not
be
not
vulgar,
prejudiced,
hostile,
insulting,
or
racially
35
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or
ethnically
degrading.
1
e.
Upon
approval
by
the
department
of
an
organization’s
2
application
to
issue
a
decal
and
approval
of
the
design
of
the
3
decal,
the
organization
is
responsible
for
the
production,
4
administration,
and
issuance
of
the
decal.
An
organization
5
shall
not
issue
a
decal
that
has
not
been
approved
by
the
6
department
or
alter
the
approved
design
of
a
decal
without
the
7
department’s
approval.
8
f.
A
person
shall
not
display
a
decal
on
a
vehicle
9
registration
plate
other
than
a
decal
approved
by
the
10
department.
11
g.
The
department
may
adopt
rules
pursuant
to
chapter
17A
as
12
necessary
to
implement
this
subsection.
13
Sec.
2.
Section
321.166,
subsection
9,
Code
2013,
is
amended
14
to
read
as
follows:
15
9.
Special
registration
plates
issued
pursuant
to
section
16
321.34
,
other
than
gold
star,
medal
of
honor,
collegiate,
fire
17
fighter,
and
natural
resources
registration
plates,
shall
be
18
consistent
with
the
design
and
color
of
regular
registration
19
plates
but
shall
provide
a
space
on
a
portion
of
the
plate
20
for
the
purpose
of
allowing
the
placement
of
a
distinguishing
21
processed
emblem
or
an
organization
decal
.
Special
22
registration
plates
shall
also
comply
with
the
requirements
23
for
regular
registration
plates
as
provided
in
this
section
to
24
the
extent
the
requirements
are
consistent
with
the
section
25
authorizing
a
particular
special
vehicle
registration
plate.
26
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
27
2014.
28
EXPLANATION
29
This
bill
provides
for
the
issuance
of
special
vehicle
30
registration
plates
containing
a
space
for
the
placement
of
31
an
organization
decal
and
provides
a
process
for
the
approval
32
of
registration
plate
decals
to
be
issued
by
qualifying
33
organizations.
34
Under
current
law,
anyone
may
submit
a
request
to
the
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509
department
of
transportation
for
approval
of
a
new
special
1
registration
plate
with
a
processed
emblem.
If
the
department
2
approves
the
request
and
the
design
of
the
proposed
emblem,
3
a
minimum
of
500
paid
applications
are
required
before
the
4
department
begins
issuing
the
plate.
The
department
may
cancel
5
its
approval
if
sufficient
applications
are
not
received
within
6
one
year.
A
vehicle
owner
is
charged
a
fee
of
$25
for
the
7
issuance
of
the
special
plates,
and
an
annual
$5
validation
8
fee
for
renewal.
Those
fees
are
deposited
in
the
road
use
9
tax
fund.
An
alternative
process
allows
for
a
state
agency
10
to
sponsor
a
special
registration
plate,
with
fees
of
$35
for
11
issuance
and
$10
for
renewal.
Those
fees
are
credited
to
the
12
sponsoring
state
agency.
13
The
bill
eliminates
the
current
process
for
a
person
to
14
request
a
new
special
plate
and
eliminates
state
agency
15
sponsorship
of
new
special
plates.
Under
the
bill,
the
16
department
will
begin
issuing
special
registration
plates
with
17
a
space
reserved
for
placement
of
an
organization
decal
to
be
18
designed,
produced,
and
issued
by
a
qualifying
organization,
19
rather
than
the
department.
The
plates
will
be
available
20
without
an
additional
special
plate
fee
at
the
time
of
initial
21
registration
of
a
vehicle,
and
will
be
renewed
annually
upon
22
payment
of
the
regular
annual
registration
fee
for
the
vehicle.
23
A
$5
replacement
fee
applies
if
the
plates
are
issued
in
24
exchange
for
regular
or
special
plates.
The
new
plates
will
25
also
be
available
as
personalized
plates
upon
payment
of
26
personalized
plate
fees.
27
A
qualifying
organization
must
be
a
nonprofit
corporation
28
with
at
least
200
members,
whose
primary
activity
or
interest
29
serves
the
community,
contributes
to
the
welfare
of
others,
and
30
is
not
discriminatory.
A
group
of
such
organizations
with
a
31
common
purpose
may
also
be
approved
to
issue
a
decal.
The
bill
32
specifies
that
organizations
that
promote
a
specific
product
33
or
brand
name
are
not
eligible
to
issue
organization
decals.
34
An
organization
desiring
to
issue
a
decal
must
apply
to
the
35
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509
department
for
approval
by
submitting
information
concerning
1
its
nonprofit
corporation
identity
along
with
a
copy
of
the
2
proposed
decal
design,
certification
of
legal
rights
to
use
3
the
design,
and
an
explanation
of
the
purpose
of
the
decal,
4
eligibility
requirements,
and
fees
the
organization
will
charge
5
for
the
decal.
The
department
may
establish
criteria
for
decal
6
designs,
including
that
a
decal
shall
not
promote
a
specific
7
religion,
faith,
or
anti-religious
sentiment,
shall
not
have
8
any
sexual
connotation,
and
shall
not
be
vulgar,
prejudiced,
9
hostile,
insulting,
or
racially
or
ethnically
degrading.
If
10
the
department
approves
the
application,
the
organization
is
11
responsible
for
the
production,
administration,
and
issuance
12
of
the
decal,
and
any
fees
charged
by
the
organization
for
the
13
decals
will
be
retained
by
the
organization.
14
The
bill
prohibits
any
organization
from
issuing
a
decal
15
without
the
approval
of
the
department.
The
bill
also
16
prohibits
a
person
from
displaying
a
decal
other
than
an
17
approved
decal
on
a
vehicle
registration
plate.
Pursuant
to
18
current
law,
a
person
who
violates
Code
provisions
relating
19
to
vehicle
registration
plates
commits
a
simple
misdemeanor
20
punishable
by
a
scheduled
fine
of
$20.
21
The
bill
takes
effect
January
1,
2014.
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