House File 635 - Enrolled
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 538)
(SUCCESSOR TO HSB 66)
(COMPANION TO SF 397
BY COMMITTEE ON
TRANSPORTATION)
\5
A BILL FOR
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House File 635
AN ACT
RELATING TO MATTERS UNDER THE PURVIEW OF THE DEPARTMENT OF
TRANSPORTATION, PROVIDING FEES, AND INCLUDING EFFECTIVE DATE
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
AVIATION
Section 1. Section 23A.2, subsection 9, Code 2015, is
amended to read as follows:
9. The state department of transportation may, in
accordance with chapter 17A, provide for exemption from
the application of subsection 1 for the activities related
to highway maintenance, highway design and construction,
publication and distribution of transportation maps, state
aircraft pool operations, inventory sales to other state
agencies and political subdivisions, equipment management and
disposal, vehicle maintenance and repair services for other
state agencies, and other similar essential operations.
Sec. 2. REPEAL. Section 328.38, Code 2015, is repealed.
DIVISION II
TRANSPORTATION DEPARTMENT AND COMMISSION
DEPARTMENT OF TRANSPORTATION
Sec. 3. Section 307.8, Code 2015, is amended to read as
follows:
307.8 Expenses.
Members of the commission, the The director, and other
employees of the department shall be allowed their actual and
necessary expenses incurred in the performance of their duties.
All expenses and salaries shall be paid from appropriations for
such purposes and the department shall be subject to the budget
requirements of chapter 8.
Sec. 4. Section 307.12, subsection 1, paragraphs g and p,
Code 2015, are amended to read as follows:
g. Appoint the deputy director of transportation and the
administrators of within the department.
p. Administer chapter 327J Apply for, accept, and expend
federal, state, or private funds for the improvement of
transportation.
Sec. 5. Section 307.12, subsection 1, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. q. Coordinate the transportation research
activities within the department.
Sec. 6. Section 307.12, subsection 2, Code 2015, is amended
to read as follows:
2. If in the interest of the state, the director may allow a
subsistence expense to an employee under the supervision of the
department's administrator for highways responsible for highway
programs and activities for continuous stay in one location
while on duty away from established headquarters and place
of domicile for a period not to exceed forty=five days; and
allow automobile expenses in accordance with section 8A.363,
for moving an employee and the employee's family from place of
present domicile to new domicile, and actual transportation
expense for moving of household goods. The household goods for
which transportation expense is allowed shall not include pets
or animals.
Sec. 7. Section 307.21, subsection 1, unnumbered paragraph
1, Code 2015, is amended to read as follows:
The department's administrator of administrative services
responsible for the operations and finances of the department
shall:
Sec. 8. Section 307.21, subsection 7, Code 2015, is amended
to read as follows:
7. The administrator of administrative services may
purchase items from the department of administrative services
and may cooperate with the director of the department of
administrative services by providing purchasing services for
the department of administrative services.
Sec. 9. Section 307.22, Code 2015, is amended to read as
follows:
307.22 Planning and research programming activities.
1. The department's administrator of responsible for
transportation planning and research infrastructure program
development shall:
a. Assist the director in planning all modes of
transportation in order to develop an integrated transportation
system providing adequate transportation services for all
citizens of the state.
b. Develop and maintain transportation statistical data for
the department.
c. Assist the director in establishing, analyzing, and
evaluating alternative transportation policies for the state.
d. Coordinate planning and research duties and
responsibilities with the planning functions carried on by
other administrators of the department.
e. (1) Annually report by July 1 of each year, for both
secondary and farm=to=market systems, miles of earth, granular,
and paved surface roads; the daily vehicle miles of travel;
and lineal feet of bridge deck under the jurisdiction of each
county's secondary road department, as of the preceding January
1, taking into account roads whose jurisdiction has been
transferred from the department to a county or from a county
to the department during the previous year. The annual report
shall include those roads transferred to a county pursuant to
section 306.8A.
(2) Miles of secondary and farm=to=market roads shall not
include those miles of farm=to=market extensions within cities
under five hundred population that are placed under county
secondary road jurisdiction pursuant to section 306.4.
(3) The annual report of updated road and bridge data of
both the secondary and farm=to=market roads shall be submitted
to the Iowa county engineers association service bureau.
f. Advise and assist the director to study and develop
highway transport economics to assure availability and
productivity of highway transport services.
f. g. Perform such other planning functions as may be
assigned by the director.
2. The functions function of planning and research do does
not include the detailed design of highways or other modal
transportation facilities, but are is restricted to the needs
of this state for multimodal transportation systems.
Sec. 10. Section 307.24, Code 2015, is amended to read as
follows:
307.24 Administration of highways highway programs and
activities.
The department's administrator of highways is responsible
for the planning responsible for highway programs and
activities shall plan, design, construction construct, and
maintenance of maintain the state primary highways and shall
administer chapters 306 to through 306C, chapters 309 through
314, chapters 316 through 318, and chapter 320 and perform
other duties as assigned by the director. The administration
of highways department shall be:
1. Be organized to provide administration assistance for
urban systems, for and secondary roads, and to provide other
categories of administration assistance as necessary.
2. Devise and adopt standard plans of highway construction
and furnish the same to the counties and provide information
to the counties on the maintenance practices and policies of
the department.
3. Order the removal or alteration of any lights or
light=reflecting devices, whether on public or private
property, other than railroad signals or crossing lights,
located adjacent to a primary road and within three hundred
feet of a railroad crossing at grade, which in any way
interfere with the vision of or may be confusing to a person
operating a motor vehicle on such primary road in observing
the approach of trains or in observing signs erected for the
purpose of giving warning of such railroad crossing.
4. Order the removal or alteration of any lights or
light=reflecting devices, whether on public or private
property, located adjacent to a primary road and within
three hundred feet of an intersection with another primary
road, which in any way interfere with the vision of or may be
confusing to a person operating a motor vehicle on such primary
road in observing the approach of other vehicles or signs
erected for the purpose of giving warning of such intersection.
5. Construct, reconstruct, improve, and maintain state
institutional roads and state park roads which are part of
the state park, state institution, and other state land road
system as defined in section 306.3, and bridges on such roads,
roads located on state fairgrounds as defined in chapter 173,
and the roads and bridges located on property of community
colleges as defined in section 260C.2, upon the request of the
state board, department, or commission which has jurisdiction
over such roads. This shall be done in such manner as may be
agreed upon by the state transportation commission and the
state board, department, or commission which has jurisdiction.
The commission may contract with any county or municipality for
the construction, reconstruction, improvement, or maintenance
of such roads and bridges. Any state park road which is an
extension of either a primary or secondary highway which both
enters and exits from a state park at separate points shall
be constructed, reconstructed, improved, and maintained as
provided in section 306.4. Funds allocated from the road
use tax fund for the purposes of this subsection shall be
apportioned in the following manner and amounts:
a. For department of natural resources facility roads,
forty=five and one=half percent.
b. For department of human services facility roads, six and
one=half percent.
c. For department of corrections facility roads, five and
one=half percent.
d. For national guard facility roads, four percent.
e. For state board of regents facility roads, thirty
percent.
f. For state fair board facility roads, two percent.
g. For department of administrative services facility roads,
one=half percent.
h. For department of education facility roads, six percent.
Sec. 11. Section 307.26, Code 2015, is amended to read as
follows:
307.26 Rail and water Administration of modal programs and
activities.
The department's administrator responsible for rail and
water modal programs and activities shall:
1. Advise and assist the director in conducting research on
the basic railroad problems and identify the present capability
of the existing railroads in order to determine the present
obligation of the railroads to provide acceptable levels of
public service the development of aeronautics, including but
not limited to the location of air terminals, accessibility
of air terminals by other modes of public transportation,
protective zoning provisions considering safety factors, noise,
and air pollution, facilities for private and commercial
aircraft, air freight facilities, and such other physical and
technical aspects as may be necessary to meet present and
future needs.
2. Advise and assist the director in the study of local and
regional transportation of goods and people including intracity
and intercity bus systems, dial=a=bus facilities, rural and
urban bus and taxi systems, the collection of data from these
systems, the study of the feasibility of increased government
subsidy assistance and the allocation of such subsidies to each
mass transportation system, the study of such other physical
and technical aspects which may be necessary to meet present
and future needs, and the application for, acceptance of,
and expending of federal, state, or private funds for the
improvement of mass transit.
2. 3. Advise and assist the director in the development
of rail transportation systems and programs for expansion of
improving passenger and freight services.
3. 4. Advise and assist the director in developing programs
in anticipation of railroad abandonment, including:
a. Development and evaluation of programs which will
encourage improvement of rail freight and the upgrading of rail
lines in order to improve freight service.
b. Development of alternative modes of transportation to
areas and communities which lose rail service.
c. b. Advise Advising the director when it may appear in
the best interest of the state to assume the role of advocate
in railroad abandonments and railroad rate schedules.
4. 5. Develop and maintain a federal=state relationship
of programs relating to railroad safety enforcement, track
standards, rail equipment, operating rules, and transportation
of hazardous materials.
6. Make surveys, plans, and estimates of cost for the
elimination of danger at railroad crossings on highways, and
confer with local and railroad officials with reference to
elimination of the danger.
5. 7. Advise and assist the director in the conduct of
research on railroad=highway grade crossings and encourage
and develop a safety program in order to reduce injuries or
fatalities including, but not limited to, the following:
a. The implementation of a program of constructing rumble
strips at grade crossings on selected hard surface roads.
b. a. The establishment of standards for warning devices
for particularly hazardous crossings or for classes of
crossings on highways, which standards are shall be designed
to reduce injuries, fatalities, and property damage. Such
standards shall regulate the use of warning devices and
signs, which shall be in addition to the requirements of
section 327G.2. Implementation of such standards shall be
the responsibility of the government agency or department
or political subdivision having jurisdiction and control of
the highway and such implementation shall be deemed adequate
for the purposes of railroad grade crossing protection. The
department, or the political subdivision having jurisdiction,
may direct the installation of temporary protection while
awaiting installation of permanent protection. A railroad
crossing shall not be found to be particularly hazardous for
any purpose unless the department has determined it to be
particularly hazardous.
c. b. The development and adoption of classifications of
crossings on public highways based upon their characteristics,
conditions, and hazards, and standards for warning devices,
signals, and signs of each crossing classification. The
department shall recommend a schedule for implementation
of the standards to the government agency, department, or
political subdivision having jurisdiction of the highway and
shall provide an annual report to the general assembly on the
development and adoption of classifications and standards under
this paragraph and their implementation, including information
about financing installation of warning devices, signals, and
signs. The department shall not be liable for the development
or adoption of the classifications or standards. A government
agency, department, or political subdivision shall not be
liable for failure to implement the standards. A crossing
warning or improvement installed or maintained pursuant to
standards adopted by the department under this paragraph shall
be deemed an adequate and appropriate warning for the crossing.
6. Apply for, accept, and expend federal, state or private
funds for the improvement of rail transportation.
7. 8. Advise and assist the director on studies for
coordination of railway service with that of other to assure
availability, efficiency, and productivity of freight and
passenger services and to promote the coordination of service
between all transportation modes.
8. 9. Advise and assist the director with studies of
regulatory changes deemed necessary to effectuate economical
and efficient railroad service.
9. 10. Advise and assist the director regarding agreements
with railroad corporations for the restoration, conservation,
or improvement of railroad as defined in section 327D.2,
subsection 3, on such terms, conditions, rates, rentals, or
subsidy levels as may be in the best interest of the state.
The commission may enter into contracts and agreements which
are binding only to the extent that appropriations have been
or may subsequently be made by the legislature to effectuate
the purposes of this subsection.
10. 11. Administer chapters 324A, 327C through 327H, 327J,
328, 329, and 330.
12. Administer programs and activities in chapters 306D,
307C, 308A, and 315.
11. 13. Perform such other duties and responsibilities as
may be assigned by the director and the commission.
12. Advise and assist in the establishment and development
of railroad districts upon request.
13. Conduct innovative experimental programs relating to
rail transportation problems within the state.
14. Enter the role of "applicant" pursuant to the Railroad
Revitalization and Regulatory Reform Act of 1976, Pub. L. No.
94=210, and take such actions as are necessary to accomplish
this role.
15. Identify those segments of railroad trackage which, if
improved, may provide increased transportation services for
the citizens of this state. The department shall develop and
implement programs to encourage the improvement of rail freight
services on such railroad trackage.
16. 14. Promote river transportation and coordinate river
programs with other transportation modes.
17. 15. Advise and assist the director in the development
of river transportation and port facilities in the state.
Sec. 12. Section 307.27, Code 2015, is amended to read as
follows:
307.27 Motor vehicles, motor carriers, and drivers.
The department's administrator responsible for the
enforcement and regulation of motor carriers, registration of
motor vehicles, and licensing of drivers shall:
1. Administer and supervise the registration of motor
vehicles and the licensing of drivers pursuant to chapter 321.
2. Administer and supervise the licensing of motor vehicle
manufacturers, distributors, and dealers pursuant to chapter
322.
3. Administer the inspection of motor vehicles pursuant to
chapter 321.
4. Administer motor vehicle registration reciprocity
pursuant to chapter 326.
5. Administer the provisions of chapters 321A, 321E, 321F,
and 321J relating to motor vehicle financial responsibility,
the implied consent law, the movement of vehicles of excessive
size and weight, and the leasing and renting of vehicles.
6. Administer the regulation of motor vehicle franchisers
pursuant to chapter 322A.
7. Administer the regulation of motor carriers pursuant to
chapter chapters 325A, 326, and 327B.
8. Administer the registration of interstate authority
of motor carriers pursuant to chapter 327B as provided in 49
U.S.C. {14504a and United States department of transportation
regulations.
9. Administer chapters 321C, 321D, 321H, 321L, 321M, and
322C.
Sec. 13. Section 307.45, Code 2015, is amended to read as
follows:
307.45 State=owned lands == assessment.
1. Cities and counties may assess the cost of a public
improvement against the state when the improvement benefits
property owned by the state and under the jurisdiction
and control of the department's administrator of highways
department. The director shall pay from the primary road fund
the portion of the cost of the improvement which would be
legally assessable against the land if privately owned.
2. Assessments against property under the jurisdiction of
the department's administrator of highways department shall be
made in the same manner as those made against private property,
except that the city or county making the assessment shall
cause a copy of the public notice of hearing to be mailed to the
director by certified mail.
3. Assessments against property owned by the state and
not under the jurisdiction and control of the department's
administrator of highways department shall be made in the same
manner as those made against private property and payment shall
be subject to authorization by the executive council. There
is appropriated from moneys in the general fund not otherwise
appropriated an amount necessary to pay the expense authorized
by the executive council.
Sec. 14. Section 307.47, subsections 1 and 3, Code 2015, are
amended to read as follows:
1. The highway materials and equipment revolving fund
is created from moneys appropriated out of the primary road
fund. From this fund shall be paid all costs for materials
and supplies, inventoried stock supplies, maintenance and
operational costs of equipment, and equipment replacements
incurred in the operation of centralized purchasing under the
supervision of the department's administrator of highways
administrator responsible for highway programs and activities.
Direct salaries and expenses properly chargeable to direct
salaries shall be paid from the fund. For each month the
director administrator responsible for the operations and
finances of the department shall render a statement to each
highway unit under the supervision of the administrator
of highways for the actual cost of materials and supplies,
operational and maintenance costs of equipment, and equipment
depreciation used. The expense shall be paid by the
administrator of highways responsible for the operations
and finances of the department in the same manner as other
interdepartmental billings are paid and when the expense is
paid by the administrator of highways, the. The sum paid shall
be credited to the highway materials and equipment revolving
fund.
3. When the units under the supervision of the administrator
of highways share a highway unit shares equipment with other
another administrative units unit of the department, the
director shall prorate the costs of the equipment among the
administrative units using the equipment.
Sec. 15. REPEAL. Sections 307.3, 307.4, 307.5, 307.6,
307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2015,
are repealed.
STATE TRANSPORTATION COMMISSION
Sec. 16. NEW SECTION. 307A.1A Transportation commission.
1. There is created a state transportation commission which
shall consist of seven members, not more than four of whom
shall be from the same political party. The governor shall
appoint the members of the state transportation commission
for a term of four years beginning and ending as provided by
section 69.19, subject to confirmation by the senate.
2. The commission shall meet in May of each year for the
purpose of electing one of its members as chairperson.
Sec. 17. Section 307A.2, subsections 1 and 2, Code 2015,
are amended by striking the subsections and inserting in lieu
thereof the following:
1. Develop, coordinate, and annually update a comprehensive
transportation policy and plan for the state.
2. Promote the coordinated and efficient use of all
available modes of transportation for the benefit of the state
and its citizens including but not limited to the designation
and development of multimodal public transfer facilities if
carriers or other private businesses fail to develop such
facilities.
Sec. 18. Section 307A.2, subsections 3, 4, 5, 6, 7, 8, 9,
10, and 11, Code 2015, are amended by striking the subsections.
Sec. 19. Section 307A.2, subsection 12, Code 2015, is
amended to read as follows:
12. Prepare, adopt, and cause to be published a long=range
program for the primary road system, in conjunction with the
state transportation plan adopted by the commission. Such
program shall be prepared for a period of at least five years
and shall be revised, brought up=to=date, and republished at
least once every year in order to have a continuing five=year
program. The program shall include, insofar as such estimates
can be made, an estimate of the money expected to become
available during the period covered by the program and a
statement of the construction, maintenance, and other work
planned to be performed during such period. The commission
shall conduct periodic reinspections of the primary roads in
order to revise, from time to time, its estimates of future
needs to conform to the physical and service conditions
of the primary roads. The commission shall annually cause
to be published a sufficiency rating report showing the
relative conditions of the primary roads. Before the last
day of December of each year, the commission shall adopt and
cause to be published from its long=range program, a plan of
improvements to be accomplished during the next calendar year.
However, in years when the federal government is reauthorizing
federal highway funding, the commission shall not be required
to adopt and publish the annual plan of improvements to be
accomplished until at least ninety days from the enactment
of the new federal funding formula. This annual program
shall list definite projects in order of urgency and shall
include a reasonable year's work with the funds estimated to
be available. The annual program shall be final and followed
by the commission in the next year except that deviations may
be made in case of disaster or other unforeseen emergencies
or difficulties. The relative urgency of the proposed
improvements shall be determined by a consideration of the
physical condition, safety, and service characteristics of the
various primary roads.
Sec. 20. Section 307A.2, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 15. Approve all rules prior to their
adoption by the director pursuant to section 307.12, subsection
1, paragraph "j".
Sec. 21. NEW SECTION. 307A.3 Conflict of interest.
A person shall not serve as a member of the commission if
the person has an interest in a contract or job of work or
material or the profits thereof or service to be performed
for the department. Any member of the commission who accepts
employment with or acquires any stock, bonds, or other
interest in any company or corporation doing business with the
department shall be disqualified from remaining a member of the
commission.
Sec. 22. NEW SECTION. 307A.4 Vacancies on commission.
Any vacancy in the membership of the commission shall
be filled in the same manner as regular appointments are
made for the unexpired portion of the regular term. In the
event the governor fails to make an appointment to fill a
vacancy or fails to submit the appointment to the senate for
confirmation as required by section 2.32, the senate may make
the appointment prior to adjournment of the general assembly.
Sec. 23. NEW SECTION. 307A.5 Compensation == commission
members.
Each member of the commission shall be compensated as
provided in section 7E.6.
Sec. 24. NEW SECTION. 307A.6 Commission meetings.
The commission shall meet at the call of the chairperson or
when any four members of the commission file a written request
with the chairperson for a meeting. Written notice of the
time and place of each meeting shall be given to each member
of the commission. A majority of the commission members shall
constitute a quorum.
Sec. 25. NEW SECTION. 307A.7 Expenses.
Members of the commission shall be allowed their actual and
necessary expenses incurred in the performance of their duties.
All expenses and salaries shall be paid from appropriations for
such purposes and the commission shall be subject to the budget
requirements of chapter 8.
Sec. 26. NEW SECTION. 307A.8 Removal from office.
Any member of the commission may be removed for any of
the causes and in the manner provided in chapter 66 and such
removal shall not be in lieu of any other punishment that may
be prescribed by the laws of this state.
CONFORMING AMENDMENTS
Sec. 27. Section 173.16, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
All expenses incurred in maintaining the state fairgrounds
and in conducting the annual fair on it the state fairgrounds,
including the compensation and expenses of the officers,
members, and employees of the board, shall be recorded by the
secretary and paid from the state fair receipts, unless a
specific appropriation has been provided for that purpose. The
board may request special capital improvement appropriations
from the state and may request emergency funding from the
executive council for natural disasters. The board may request
that the department of transportation provide maintenance in
accordance with section 307A.2 307.24, subsection 11 5.
Sec. 28. Section 312.2, subsection 2, unnumbered paragraph
1, Code 2015, is amended to read as follows:
The treasurer of state shall before making the allotments
in subsection 1 credit annually to the highway grade crossing
safety fund the sum of seven hundred thousand dollars, credit
annually from the road use tax fund the sum of nine hundred
thousand dollars to the highway railroad grade crossing surface
repair fund, credit monthly to the primary road fund the
dollars yielded from an allotment of sixty=five hundredths of
one percent of all road use tax funds for the express purpose
of carrying out section 307A.2 307.24, subsection 11 5, section
313.4, subsection 2, and section 307.45, and credit annually
to the primary road fund the sum of five hundred thousand
dollars to be used for paying expenses incurred by the state
department of transportation other than expenses incurred for
extensions of primary roads in cities. All unobligated funds
provided by this subsection, except those funds credited to the
highway grade crossing safety fund, shall at the end of each
year revert to the road use tax fund. Funds in the highway
grade crossing safety fund shall not revert to the road use tax
fund except to the extent they exceed five hundred thousand
dollars at the end of any biennium. The cost of each highway
railroad grade crossing repair project shall be allocated in
the following manner:
Sec. 29. Section 312.4, subsection 5, Code 2015, is amended
to read as follows:
5. The amount of the road use tax fund which has been
credited to carry out the provisions of section 307A.2 307.24,
subsection 11 5, section 313.4, subsection 2, and section
307.45.
Sec. 30. Section 313.4, subsection 2, Code 2015, is amended
to read as follows:
2. Such fund is also appropriated and shall be used for the
construction, reconstruction, improvement and maintenance of
state institutional roads and state park roads and bridges on
such roads and roads and bridges on community college property
as provided in section 307A.2 307.24, subsection 11 5, for
restoration of secondary roads used as primary road detours and
for compensation of counties for such use, for restoration of
municipal streets so used and for compensation of cities for
such use, and for the payments required in section 307.45.
DIVISION III
MOTOR VEHICLES
Sec. 31. Section 321.1, subsection 36C, paragraphs b and c,
Code 2015, are amended to read as follows:
b. "Travel trailer" means a vehicle without motive power
used, manufactured, or constructed to permit its use as a
conveyance upon the public streets and highways and designed
to permit its use as a place of human habitation by one or more
persons. The vehicle may be up to eight feet six inches in
width and its overall length shall not exceed forty forty=five
feet. The vehicle shall be customarily or ordinarily used for
vacation or recreational purposes and not used as a place of
permanent habitation. If the vehicle is used in this state as
a place of human habitation for more than ninety consecutive
days in one location it shall be classed as a manufactured or
mobile home regardless of the size limitations provided in this
paragraph.
c. "Fifth=wheel travel trailer" means a type of travel
trailer which is towed by a pickup by a connecting device known
as a fifth wheel. However, this type of travel trailer may
have an overall length which shall not exceed forty forty=five
feet.
Sec. 32. Section 321.19, subsection 1, unnumbered paragraph
2, Code 2015, is amended to read as follows:
The department shall furnish, on application, free of
charge, distinguishing plates for vehicles thus exempted,
which plates except plates on state patrol vehicles shall bear
the word "official" and the department shall keep a separate
record. Registration plates issued for state patrol vehicles,
except unmarked patrol vehicles, shall bear two red stars
on a yellow background, one before and one following the
registration number on the plate, which registration number
shall be the officer's badge number. Registration plates
issued for county sheriff's patrol vehicles shall display one
seven=pointed gold star followed by the letter "S" and the call
number of the vehicle. However, the director of the department
of administrative services or the director of transportation
may order the issuance of regular registration plates for
any exempted vehicle used by peace officers or federal law
enforcement officers in the enforcement of the law, persons
enforcing chapter 124 and other laws relating to controlled
substances, persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections and appeals, and the department of
revenue, who are regularly assigned to conduct investigations
which cannot reasonably be conducted with a vehicle displaying
"official" state registration plates, persons who are
federal agents or officers regularly assigned to conduct
investigations which cannot reasonably be conducted with a
vehicle displaying "official" registration plates, persons in
the Iowa lottery authority whose regularly assigned duties
relating to security or the carrying of lottery tickets cannot
reasonably be conducted with a vehicle displaying "official"
registration plates, persons in the economic development
authority who are regularly assigned duties relating to
existing industry expansion or business attraction, and mental
health professionals or health care professionals who provide
off=site or in=home medical or mental health services to
clients of publicly funded programs. For purposes of sale of
exempted vehicles, the exempted governmental body, upon the
sale of the exempted vehicle, may issue for in=transit purposes
a pasteboard card bearing the words "Vehicle in Transit", the
name of the official body from which the vehicle was purchased,
together with the date of the purchase plainly marked in at
least one=inch letters, and other information required by the
department. The in=transit card is valid for use only within
forty=eight hours after the purchase date as indicated on the
bill of sale which shall be carried by the driver.
Sec. 33. Section 321.189, subsection 6, Code 2015, is
amended to read as follows:
6. Licenses issued to persons under age twenty=one. A
driver's license issued to a person under eighteen years of
age shall contain the same information as any other driver's
license except that the words "under eighteen" shall appear
prominently on the face of the license. A driver's license
issued to a person eighteen years of age or older but less than
twenty=one years of age shall contain the same information
as any other driver's license except that the words "under
twenty=one" shall appear prominently on the face of the
license. Upon attaining the age of eighteen or upon attaining
the age of twenty=one, and upon payment of a one ten dollar
fee, the person shall be entitled to a new driver's license
or nonoperator's identification card for the unexpired months
of the driver's license or card. An instruction permit or
intermediate license issued under section 321.180B, subsection
1 or 2, shall include a distinctive color bar. An intermediate
license issued under section 321.180B, subsection 2, shall
include the words "intermediate license" printed prominently on
the face of the license.
Sec. 34. Section 321.215, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. Notwithstanding any provision of
this chapter to the contrary, the department may issue a
temporary restricted license to a person eligible for a
temporary restricted license under this section if the person
is also eligible for a temporary restricted license under
section 321J.20, provided the requirements of each section are
satisfied.
Sec. 35. Section 321E.29, subsection 2, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Annual permits may be issued for vehicles with divisible
loads of hay, straw, or stover, or bagged livestock bedding
without a finding of special or emergency situations if the
movement meets the requirements of this chapter, provided the
following limits are not exceeded:
Sec. 36. Section 321J.20, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 9. Notwithstanding any provision of
this chapter to the contrary, the department may issue a
temporary restricted license to a person eligible for a
temporary restricted license under this section if the person
is also eligible for a temporary restricted license under
section 321.215, provided the requirements of each section are
satisfied.
Sec. 37. Section 321L.2, subsection 3, paragraph b,
subparagraph (1), Code 2015, is amended to read as follows:
(1) (a) A Subject to subparagraph division (b), a statement
printed on it as follows: "Unauthorized use of this placard
as indicated in Iowa Code chapter 321L may result in a fine,
invalidation of the placard, or revocation of the right to
use the placard. This placard shall be displayed only when
the vehicle is parked in a persons with disabilities parking
space or in a parking space not designated as a persons with
disabilities parking space if a wheelchair parking cone is used
pursuant to Iowa Code section 321L.2A."
(b) After the department has issued the existing supply
of placards bearing the statement set forth in subparagraph
division (a), the statement printed on each newly issued
placard shall be as follows: "Remove from mirror before
operating vehicle."
Sec. 38. Section 322.5, subsection 2, paragraph a,
subparagraph (2), Code 2015, is amended to read as follows:
(2) Display, offer for sale, and negotiate sales of new
motor vehicles at fair events, as defined in chapter 174, the
state fair, as discussed in chapter 173, vehicle shows, and
vehicle exhibitions, upon application for and receipt of a
temporary permit issued by the department. Such activities
may only be conducted at a fair events event, the state fair,
a vehicle shows show, and or a vehicle exhibitions that are
exhibition, if the fair event, state fair, vehicle show, or
vehicle exhibition is held in the motor vehicle dealer's
community, as defined in section 322A.1, for the vehicles
that are displayed and offered for sale. A sale of a motor
vehicle by a motor vehicle dealer shall not be completed and an
agreement for the sale of a motor vehicle shall not be signed
at a fair event, the state fair, a vehicle show, or a vehicle
exhibition. All such sales shall be consummated at the motor
vehicle dealer's principal place of business.
Sec. 39. Section 322C.2, subsection 10, Code 2015, is
amended to read as follows:
10. "Travel trailer" means a vehicle without motive power
used or so manufactured or constructed as to permit its being
used as a conveyance upon the public streets and highways and
designed to permit the vehicle to be used as a place of human
habitation by one or more persons. The vehicle may be up to
eight feet six inches in width and its overall length shall
not exceed forty forty=five feet. "Travel trailer" does not
include a vehicle that is so designed as to permit it to be
towed exclusively by a motorcycle.
Sec. 40. Section 326.14, subsection 3, Code 2015, is amended
to read as follows:
3. An application for renewal of registration shall
be postmarked or received in the office of motor carrier
services of the department no later than the last day of the
registration expiration month. A five percent late filing
penalty equal to five percent of the fees due to the state of
Iowa shall be assessed to an application for renewal postmarked
or received on or after the first day following the last day
of the registration expiration month, with an additional five
percent penalty assessed the first of each month thereafter
until the application is filed. The enforcement deadline
for failure to display a registration plate and registration
is 12:01 a.m. of the first day following the last day of the
registration expiration month.
Sec. 41. Section 326.16, subsections 2 and 3, Code 2015, are
amended to read as follows:
2. A five percent late payment penalty equal to five percent
of the fees due to the state of Iowa shall be assessed if an
invoice is not paid within thirty days of the invoice date,
with an additional five percent penalty assessed the first of
each month thereafter until all fees and penalties are paid.
In addition, the fees due for registration in this state shall
be a debt due to the state of Iowa.
3. Failure to receive a renewal notice or an invoice by
mail, facsimile transmission, or any other means of delivery
does not relieve the registrant of the financial responsibility
for the renewal fees, invoiced amount, or accrued penalties.
Late penalties calculated by the department in accordance with
this chapter shall remain due to the state of Iowa until the
fees and penalties are received.
Sec. 42. EFFECTIVE DATE. The following provisions of this
division of this Act take effect January 1, 2016:
1. The section of this Act amending section 326.14.
2. The section of this Act amending section 326.16.
DIVISION IV
RAIL TRANSPORTATION
Sec. 43. REPEAL. Sections 327F.14, 327F.18, 327F.19,
327F.20, 327F.26, 327F.34, 327F.35, 327G.13, 327G.14, 327G.22,
327G.23, 327G.28, and 327H.25, Code 2015, are repealed.
DIVISION V
COMMERCIAL LEARNER'S PERMITS
Sec. 44. Section 321.1, subsections 11 and 20A, Code 2015,
are amended to read as follows:
11. For purposes of administering and enforcing the
commercial driver's license provisions:
a. "Commercial driver" means the operator of a commercial
motor vehicle.
b. "Commercial driver's license" means a driver's license
valid for the operation of a commercial motor vehicle
commercial driver's license as defined in 49 C.F.R. {383.5.
c. "Commercial driver's license information system" means
the national information system established to serve as a
clearinghouse for locating information related to the licensing
and identification of commercial motor vehicle drivers.
d. "Commercial learner's permit" means commercial learner's
permit as defined in 49 C.F.R. {383.5.
d. e. "Commercial motor carrier" means a person responsible
for the safe operation of a commercial motor vehicle.
e. f. "Commercial motor vehicle" means a motor vehicle
or combination of vehicles used to transport passengers or
property if any of the following apply:
(1) The combination of vehicles has a gross combination
weight rating or gross combination weight, whichever is
greater, of twenty=six thousand one or more pounds provided
the, including a towed vehicle or vehicles have having a gross
weight rating or gross combination vehicle weight rating,
whichever is greater, of ten thousand one or more pounds.
(2) The motor vehicle has a gross vehicle weight rating
or gross vehicle weight, whichever is greater, of twenty=six
thousand one or more pounds.
(3) The motor vehicle is designed to transport sixteen
or more persons, including the operator, or is of a size and
design to transport sixteen or more persons, including the
operator, but is redesigned or modified to transport less than
sixteen persons with disabilities.
(4) The motor vehicle is used in the transportation of
hazardous material of a type or quantity requiring vehicle
placarding.
f. g. "Employer" means any person, including the United
States, a state, the District of Columbia, or a political
subdivision of a state, who owns or leases a commercial motor
vehicle or assigns an employee to operate such a vehicle.
g. h. "Foreign jurisdiction" means a jurisdiction outside
the fifty United States, and the District of Columbia, and
Canada.
h. i. "Nonresident commercial driver's license" means a
commercial driver's license issued to a person who is not
a resident of the United States or Canada domiciled in a
foreign jurisdiction meeting the requirements of 49 C.F.R.
{383.23(b)(1), or to a person domiciled in another state
meeting the requirements of 49 C.F.R. {383.23(b)(2).
j. "Nonresident commercial learner's permit" means a
commercial learner's permit issued to a person domiciled in
a foreign jurisdiction meeting the requirements of 49 C.F.R.
{383.23(b)(1), or to a person domiciled in another state
meeting the requirements of 49 C.F.R. {383.23(b)(2).
i. k. "Tank vehicle" means a commercial motor vehicle
that is designed to transport any liquid or gaseous materials
within a tank or tanks having an individual rated capacity
of more than one hundred nineteen gallons and an aggregate
rated capacity of one thousand gallons or more that is either
permanently or temporarily attached to the vehicle or chassis.
For purposes of this paragraph, "tank" does not include a
portable tank with a rated capacity of less than one thousand
gallons or a permanent tank with a rated capacity of one
hundred nineteen gallons or less. A commercial motor vehicle
transporting an empty storage container tank not designed for
transportation with a rated capacity of one thousand gallons
or more that is temporarily attached to a flatbed trailer is
not considered a tank vehicle.
20A. "Driver's license" means any license or permit issued
to a person to operate a motor vehicle on the highways of this
state, including but not limited to a temporary restricted or
temporary license and an instruction, chauffeur's instruction,
commercial driver's instruction learner's permit, or temporary
permit. For purposes of license suspension, revocation, bar,
disqualification, cancellation, or denial under this chapter
and chapters 321A, 321C, and 321J, "driver's license" includes
any privilege to operate a motor vehicle.
Sec. 45. Section 321.1A, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. a. For purposes of issuing commercial
learner's permits and commercial driver's licenses under this
chapter, there is a rebuttable presumption that a natural
person is a resident of this state if all of the following
conditions exist:
(1) The person is enrolled in a commercial driver's
license training program administered by an Iowa=based motor
carrier, or its subsidiary, designated by the department as a
third=party tester pursuant to section 321.187.
(2) The person is in the process of applying for a
commercial learner's permit for the purpose of completing the
training program.
(3) The person is residing in this state for the duration
of the training program.
b. This subsection shall not apply if such application
results in noncompliance with 49 C.F.R. pt. 384.
Sec. 46. Section 321.12, subsection 2, Code 2015, is amended
to read as follows:
2. Operating records relating to a person who has been
issued a commercial driver's license or commercial learner's
permit shall be maintained on file in accordance with rules
adopted by the department.
Sec. 47. Section 321.56, subsection 3, Code 2015, is amended
to read as follows:
3. For purposes of this section, "commercial motor vehicle"
means as defined in section 321.1, subsection 11, paragraph "e"
"f", subparagraph (2).
Sec. 48. Section 321.174, subsections 2 and 3, Code 2015,
are amended to read as follows:
2. a. A person operating a commercial motor vehicle shall
not have more than one driver's license. A nonresident may
operate a commercial motor vehicle in Iowa if the nonresident
has been issued a license by another state, a nonresident
commercial driver's license or nonresident commercial learner's
permit, or a driver's license issued by a foreign jurisdiction
which the federal highway administration has determined to be
issued in conformity with the federal commercial driver testing
and licensing standards, if the license, commercial driver's
license, commercial learner's permit, or driver's license is
valid for the vehicle operated.
b. A person who operates a commercial motor vehicle upon the
highways of this state without having been issued a driver's
license valid for the vehicle operated commits a simple
misdemeanor.
c. A person who operates a commercial motor vehicle upon the
highways of this state after the person's commercial driver's
license or commercial learner's permit has been downgraded to
a noncommercial status pursuant to section 321.207 commits a
simple misdemeanor.
3. A licensee shall have the licensee's driver's license
in immediate possession at all times when operating a motor
vehicle and shall display the same upon demand of a judicial
magistrate, district associate judge, district judge, peace
officer, or examiner of the department. If the licensee has
been issued a commercial learner's permit, the licensee's
driver's license includes both the licensee's commercial
learner's permit and the licensee's underlying commercial or
noncommercial driver's license. However, a person charged
with violating this subsection shall not be convicted and the
citation shall be dismissed by the court if the person produces
to the clerk of the district court, prior to the licensee's
court date indicated on the citation, a driver's license issued
to that person and valid for the vehicle operated at the time
of the person's arrest or at the time the person was charged
with a violation of this section. Upon dismissal, the court or
clerk of court shall assess the costs of the action against the
defendant named on the citation.
Sec. 49. Section 321.177, subsection 8, Code 2015, is
amended to read as follows:
8. To any person to operate a commercial motor vehicle
unless the person is eighteen years of age or older and the
person qualifies under federal and state law to be issued a
commercial driver's license or commercial learner's permit in
this state.
Sec. 50. Section 321.180, subsection 2, Code 2015, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. a. The department shall adopt rules to administer
commercial learner's permits in compliance with the procedures
set forth in 49 C.F.R. {383.73. An applicant for a commercial
learner's permit must hold a valid class A, B, C, or D driver's
license issued in this state, must be at least eighteen years
of age, and must meet the qualifications to obtain a valid
commercial driver's license, including the requirements set
forth in section 321.188, except for the required driving
skills test.
b. A commercial learner's permit shall be a separate
document from a commercial or noncommercial driver's license.
A person operating a vehicle pursuant to a commercial learner's
permit shall have both the commercial learner's permit and the
commercial or noncommercial driver's license issued to the
person within the person's possession.
c. A commercial learner's permit shall be valid for a period
not to exceed one hundred eighty days. A commercial learner's
permit may be renewed for an additional one hundred eighty days
without retaking the general and endorsement knowledge tests
required by section 321.188.
d. A commercial learner's permit shall be valid for the
operation of a commercial motor vehicle only when the permit
holder is accompanied by a holder of a valid commercial
driver's license with the proper commercial driver's license
group designation and endorsements necessary to operate the
commercial motor vehicle, and who is at all times physically
present in the front passenger seat of the vehicle, or in the
case of a passenger vehicle, directly behind or in the first
row behind the permit holder in a position to directly observe
and supervise the permit holder.
(1) When a commercial learner's permit is issued to the
holder of a commercial driver's license, this paragraph "d"
only applies to the operation of a commercial motor vehicle for
which the permit holder's commercial driver's license is not
valid.
(2) When a commercial learner's permit is issued to the
holder of a noncommercial driver's license, this paragraph "d"
only applies to the operation of a commercial motor vehicle.
e. The issuance of a commercial learner's permit is a
precondition to the initial issuance of a commercial driver's
license. The issuance of a commercial learner's permit is also
a precondition to the upgrade of a commercial driver's license
if the upgrade requires a driving skills test. The holder of a
commercial learner's permit is not eligible to take a driving
skills test required by section 321.188 for the first fourteen
days after the permit holder is issued the permit.
f. A commercial learner's permit is not valid for the
operation of a vehicle transporting hazardous materials as
defined in 49 C.F.R. {383.5.
Sec. 51. Section 321.180, subsection 4, Code 2015, is
amended to read as follows:
4. The instruction permit, chauffeur's instruction permit,
and commercial driver's instruction learner's permit are
subject to suspension or revocation for the same reasons and
in the same manner as suspension or revocation of a driver's
license.
Sec. 52. Section 321.182, subsection 3, Code 2015, is
amended to read as follows:
3. Certify that the applicant has no other driver's license
and certify that the applicant is a resident of this state
as provided in section 321.1A. However, certification of
residency is not required for an applicant for a nonresident
commercial driver's license who is a foreign national
temporarily present in this state, as determined by the
department or nonresident commercial learner's permit.
Sec. 53. Section 321.188, subsections 1 and 6, Code 2015,
are amended to read as follows:
1. The department shall adopt rules to administer
commercial driver's licenses in compliance with the procedures
set forth in 49 C.F.R. {383.73. Before the department issues,
renews, or upgrades a commercial driver's license and in
addition to the requirements of section 321.182, the license
applicant shall do all of the following:
a. Certify whether the applicant is subject to and meets
applicable driver qualifications of 49 C.F.R. pt. 391 as
adopted by rule by the department.
b. Certify the applicant is not subject to any commercial
driver's license disqualification and has committed no
offense and has not acted in a manner which either alone or
with previous actions or offenses could result in commercial
driver's license disqualification.
c. Successfully pass knowledge tests and driving skills
tests, provide self=certification of type of driving, and
provide a medical examiner's certificate prepared by a medical
examiner, as defined in 49 C.F.R. {390.5, and provide all other
required information, proofs, and certificates, as required by
rule by the department. The rules adopted shall substantially
comply with the federal minimum testing and licensing
requirements in 49 C.F.R. pt. 383, subpts. E, G, and H, as
adopted by rule by the department. Except as required under
49 C.F.R. pt. 383, subpt. E, G, or H, a commercial driver's
license is renewable without a driving skills test within one
year after its expiration date.
d. Certify the vehicle to be operated in the driving skills
tests represents the largest class of vehicle is representative
of the class of motor vehicle the applicant will operate on the
highway.
e. Certify that the applicant is a resident of Iowa or a
resident of a foreign jurisdiction.
f. Identify all states where the applicant has been licensed
to drive any type of motor vehicle during the previous ten
years.
6. a. The department may waive the requirement that an
applicant pass a driving skills test specified in this section
for an applicant who is on active duty in the military service,
or who has separated from such service in the last ninety
days past year, who certifies that during the two=year period
immediately preceding application for a commercial driver's
license, all of the following apply:
(1) The applicant has not had more than one driver's
license, other than a military license.
(2) The applicant has not had any driver's license
suspended, revoked, or canceled.
(3) The applicant has not been convicted of an offense
committed while operating any type of motor vehicle that is
listed as a disqualifying offense in 49 C.F.R. {383.51(b).
(4) The applicant has not had more than one conviction for
an offense committed while operating any type of motor vehicle
that is listed as a serious traffic violation in 49 C.F.R.
{383.51(c).
(5) The applicant has not had a conviction for a violation
of a military, state, or local law relating to motor vehicle
traffic control, other than a parking violation, arising in
connection with any traffic accident and has no record of a
traffic accident in which the applicant was at fault.
b. An applicant for a waiver of the driving skills test
under this subsection shall certify and provide evidence as
required by the department that the following apply:
(1) The applicant is regularly employed or was regularly
employed within the last ninety days past year in a military
position requiring operation of a commercial motor vehicle.
(2) The applicant was exempt from commercial driver
licensing requirements pursuant to section 321.176A, subsection
3, or a comparable law of another state implementing 49 C.F.R.
{383.3(c).
(3) The applicant was operating a motor vehicle
representative of the class of motor vehicle the applicant
operates or expects to operate for at least two years
immediately preceding honorable separation from military
service as evidenced by the person's certificate of release or
discharge from active duty, commonly referred to as a DD214.
c. An applicant who obtains a driving skills test waiver
under this subsection shall take and successfully pass the
knowledge test required pursuant to subsection 1.
Sec. 54. Section 321.189, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. A commercial driver's license shall include the
licensee's address as required under federal regulations, and
the words "commercial driver's license" or "CDL" shall appear
prominently on the face of the license. A commercial learner's
permit shall include the permit holder's address as required
under federal regulations, and the words "commercial learner's
permit" or "CLP" with a statement that the permit is invalid
unless accompanied by the permit holder's underlying driver's
license shall appear prominently on the face of the permit. If
the applicant is a nonresident, the license must conspicuously
display the word "nonresident" "nondomiciled".
Sec. 55. Section 321.191, subsections 1, 4, 7, and 9, Code
2015, are amended to read as follows:
1. Instruction permits. The fee for an instruction
permit, other than a special instruction permit, chauffeur's
instruction permit, or commercial driver's instruction
learner's permit, is six dollars. The fee for a special
instruction permit is ten dollars. The fee for a chauffeur's
instruction permit or commercial driver's instruction learner's
permit is twelve dollars.
4. Commercial driver's licenses. The fee for a commercial
driver's license, other than an instruction a commercial
learner's permit, for the operation of a commercial motor
vehicle is eight dollars per year of license validity.
7. Endorsements and removal of air brake restrictions. The
fee for a double/triple trailer endorsement, tank vehicle
endorsement, and or hazardous materials endorsement is
five dollars for each endorsement. The fee for a passenger
endorsement or a school bus endorsement is ten dollars. The
fee for removal of an air brake, full air brake, manual
transmission, tractor=trailer, or passenger vehicle restriction
on a commercial driver's license or commercial learner's
permit is ten dollars. Fees imposed under this subsection
for endorsements or removal of restrictions are valid for the
period of the license. Upon renewal of a commercial driver's
license, no fee is payable for retaining endorsements or the
removal of the air brake a restriction for those endorsements
or restrictions which do not require the taking of either a
knowledge or a driving skills test for renewal.
9. Upgrading a license class privilege == fee adjustment.
a. If an applicant wishes to upgrade a license class
privilege, the fee charged shall be prorated on full=year
fee increments of the new license in accordance with rules
adopted by the department. The expiration date of the new
license shall be the expiration date of the currently held
driver's license. The fee for a commercial driver's license
endorsement, the removal of an air brake a restriction, or a
commercial driver's license instruction learner's permit shall
not be prorated.
b. As used in this subsection "to upgrade a license class
privilege" means to add any privilege to a valid driver's
license. The addition of a privilege includes converting
from a noncommercial to a commercial license, converting from
a noncommercial class C to a class D license, converting an
instruction or learner's permit to a class license, adding any
privilege to a section 321.189, subsection 7, license, adding
an instruction or learner's permit privilege, adding a section
321.189, subsection 7, license to an instruction or learner's
permit, and adding any privilege relating to a driver's license
issued to a minor under section 321.194 or 321.178.
Sec. 56. Section 321.196, subsections 1 and 4, Code 2015,
are amended to read as follows:
1. Except as otherwise provided, if the licensee is between
the ages of seventeen years eleven months and seventy=two years
on the date of issuance of the license, a driver's license,
other than an instruction permit, chauffeur's instruction
permit, or commercial driver's instruction learner's permit
issued under section 321.180, expires eight years from the
licensee's birthday anniversary occurring in the year of
issuance, but not to exceed the licensee's seventy=fourth
birthday. If the licensee is under the age of seventeen
years eleven months or age seventy=two or over, the license
is effective for a period of two years from the licensee's
birthday anniversary occurring in the year of issuance. A
licensee whose license is restricted due to vision or other
physical deficiencies may be required to renew the license
every two years. If a licensee is a foreign national who is
temporarily present in this state, the license shall be issued
only for the length of time the foreign national is authorized
to be present as verified by the department, not to exceed two
years.
4. The department in its discretion may authorize the
renewal of a valid driver's license other than a commercial
driver's license or commercial learner's permit upon
application without an examination provided that the applicant
meets one of the following conditions:
a. The applicant satisfactorily passes a vision test as
prescribed by the department.
b. The applicant files a vision report in accordance with
section 321.186A which shows that the applicant's visual acuity
level meets or exceeds those required by the department.
c. The applicant is eligible for license renewal
electronically, pursuant to rules adopted by the department.
An applicant shall not be eligible for electronic renewal of
a driver's license if the most recent previous renewal of the
applicant's driver's license occurred electronically.
Sec. 57. Section 321.201, subsection 2, Code 2015, is
amended to read as follows:
2. a. Upon cancellation of a commercial driver's license or
commercial learner's permit for providing false information or
committing fraud in the application, the applicant shall not
operate a commercial motor vehicle in this state and shall not
be issued a license valid to operate a commercial motor vehicle
for a period of sixty days.
b. The department shall disqualify the commercial driver's
license or commercial learner's permit of a person convicted or
suspected of fraud related to the testing for or issuance of
a commercial driver's license or commercial learner's permit.
The department shall adopt rules to administer this paragraph
that substantially comply with 49 C.F.R. {383.73(k).
Sec. 58. Section 321.204, subsection 2, Code 2015, is
amended to read as follows:
2. The department shall notify the commercial driver's
license information system and the commercial motor vehicle
administrator in the licensing state, if applicable, of the
disqualification of a commercial driver within ten days of any
of the following:
a. The disqualification of the commercial driver under
section 321.201 or section 321.208 if the disqualification is
for sixty days or more.
b. The suspension or revocation of a commercial driver's
license or commercial learner's permit if the suspension or
revocation is for sixty days or more.
c. The cancellation of a commercial driver's license or
commercial learner's permit.
Sec. 59. Section 321.206, Code 2015, is amended to read as
follows:
321.206 Surrender of license == duty of court.
If a person is convicted in court of an offense for which
this chapter requires mandatory revocation of the person's
driver's license or, if the person's license is a commercial
driver's license or commercial learner's permit and the
conviction disqualifies the person from operating a commercial
motor vehicle, the court shall require the person to surrender
the driver's license held by the person and the court shall
destroy the license or forward the license together with a
record of the conviction to the department as provided in
section 321.491.
Sec. 60. Section 321.207, Code 2015, is amended to read as
follows:
321.207 Downgrade of commercial driver's license or
commercial learner's permit.
The department shall adopt rules for downgrading a
commercial driver's license or commercial learner's permit to
a noncommercial status upon a driver's failure to provide a
medical examiner's certificate as required pursuant to section
321.188, subsection 1, paragraph "c", or upon a driver's failure
to provide a self=certification of type of driving as required
pursuant to section 321.188, subsection 1, paragraph "c". The
rules shall substantially comply with 49 C.F.R. {383.71 and
383.73, as adopted by rule by the department.
Sec. 61. Section 321.208, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. Operating a commercial motor vehicle when, as a result
of prior violations committed while operating a commercial
motor vehicle, the person's commercial driver's license or
commercial learner's permit is revoked, suspended, or canceled
or the person is disqualified from operating a commercial motor
vehicle.
Sec. 62. Section 321.208, subsection 2, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
A person is disqualified from operating a commercial motor
vehicle for one year upon a conviction or final administrative
decision that the person has committed any of the following
acts or offenses in any state or foreign jurisdiction while
operating a commercial motor vehicle or while operating a
noncommercial motor vehicle and holding a commercial driver's
license or commercial learner's permit:
Sec. 63. Section 321.208, subsections 3, 5, and 6, Code
2015, are amended to read as follows:
3. A person is disqualified from operating a commercial
motor vehicle for three years if an act or offense described
in subsection 1 or 2 occurred while the person was operating
a commercial motor vehicle transporting hazardous material of
a type or quantity requiring vehicle placarding materials as
defined in 49 C.F.R. {383.5.
5. A person is disqualified from operating a commercial
motor vehicle for life upon a conviction that the person used a
commercial or noncommercial motor vehicle in the commission of
a felony or aggravated misdemeanor involving the manufacturing,
distributing, or dispensing of a controlled substance as
defined in section 124.101. A person is disqualified from
operating a commercial motor vehicle for life upon a conviction
that the person used a noncommercial motor vehicle in the
commission of a felony or aggravated misdemeanor involving the
manufacturing, distributing, or dispensing of a controlled
substance as defined in section 124.101 and held a commercial
driver's license or commercial learner's permit at the time the
offense was committed.
6. A person is disqualified from operating a commercial
motor vehicle if the person receives convictions for committing
within any three=year period two or more of the following
offenses while operating a commercial motor vehicle, or
while operating a noncommercial motor vehicle and holding a
commercial driver's license or commercial learner's permit
if the convictions result in the revocation, cancellation,
or suspension of the person's commercial driver's license,
commercial learner's permit, or noncommercial motor vehicle
driving privileges:
a. Operating a commercial motor vehicle upon a highway
when not issued a commercial driver's license or commercial
learner's permit.
b. Operating a commercial motor vehicle upon a highway when
not issued the proper class of commercial driver's license,
commercial learner's permit, or endorsements for the specific
vehicle group being operated or for the passengers or type of
cargo being transported.
c. Operating a commercial motor vehicle upon a highway
without immediate possession of a commercial driver's license
or commercial learner's permit valid for the vehicle operated.
d. Speeding fifteen miles per hour or more over the legal
speed limit.
e. Reckless driving.
f. Any violation of the traffic laws, except a parking
violation or a vehicle weight violation, which arises in
connection with a fatal traffic accident.
g. Following another motor vehicle too closely.
h. Improper lane changes in violation of section 321.306.
i. Violating a state or local law or ordinance on motor
vehicle traffic control prohibiting texting while driving a
commercial motor vehicle.
j. Violating a state or local law or ordinance on motor
vehicle traffic control restricting or prohibiting the use of
a hand=held mobile telephone while driving a commercial motor
vehicle.
Sec. 64. Section 321.208, subsection 9, paragraph b, Code
2015, is amended to read as follows:
b. For one year upon conviction for the first violation
and for not less than three years and not more than five years
upon conviction for a second or subsequent violation of an
out=of=service order while transporting hazardous materials
required to be placarded as defined in 49 C.F.R. {383.5,
or while operating a commercial motor vehicle designed to
transport more than fifteen passengers including the driver.
Sec. 65. Section 321.208, subsection 12, paragraph b, Code
2015, is amended to read as follows:
b. The effective date of disqualification shall be thirty
days after notification. Immediate notice of disqualification
may be served on a person operating a commercial motor vehicle
who refused to submit to a test or whose test results indicate
an alcohol concentration of 0.04 or more by the peace officer
administering the chemical test or, notwithstanding chapter
17A, the department may notify the person by first class
mail. If immediate notice is served, the peace officer shall
take the commercial driver's license or commercial learner's
permit of the driver, if issued within the state, and issue a
temporary commercial driver's license or commercial learner's
permit effective for only thirty days. The peace officer shall
immediately send the person's commercial driver's license or
commercial learner's permit to the department in addition to
the officer's certification required by this subsection.
Sec. 66. Section 321.208, subsection 13, Code 2015, is
amended to read as follows:
13. Upon notice, the disqualified person shall surrender
the person's commercial driver's license or commercial
learner's permit to the department and the department may issue
a driver's license valid only to operate a noncommercial motor
vehicle upon payment of a one dollar the fee for a replacement
driver's license under section 321.195. The department shall
notify the commercial driver's license information system
of the disqualification if required to do so under section
321.204.
Sec. 67. Section 321.208A, subsection 1, Code 2015, is
amended to read as follows:
1. A person required to hold a commercial driver's license
or commercial learner's permit to operate a commercial motor
vehicle shall not operate a commercial motor vehicle on the
highways of this state in violation of an out=of=service order
issued by a peace officer for a violation of the out=of=service
rules adopted by the department. A driver who violates an
out=of=service order commits a simple misdemeanor and shall
be subject to a fine of not less than two thousand five
hundred dollars upon conviction for the first violation of an
out=of=service order and not less than five thousand dollars
for a second or subsequent violation of an out=of=service order
in separate incidents within a ten=year period.
Sec. 68. Section 321.215, subsection 4, Code 2015, is
amended to read as follows:
4. The temporary restricted license is not valid to operate
a commercial motor vehicle if a commercial driver's license
or commercial learner's permit is required for the person's
operation of the commercial motor vehicle.
Sec. 69. Section 321.218, subsection 4, Code 2015, is
amended to read as follows:
4. A person who operates a commercial motor vehicle upon
the highways of this state when disqualified from operating the
commercial motor vehicle under section 321.208 or the imminent
hazard provisions of 49 C.F.R. {383.52 commits a serious
misdemeanor if a commercial driver's license or commercial
learner's permit is required for the person to operate the
commercial motor vehicle.
Sec. 70. Section 321J.1, subsection 7, Code 2015, is amended
to read as follows:
7. "Driver's license" means any license or permit issued
to a person to operate a motor vehicle on the highways of this
state, including but not limited to a driver's, commercial
driver's, temporary restricted, or temporary license and an
instruction, chauffeur's instruction, commercial driver's
instruction learner's, or temporary permit.
Sec. 71. Section 321J.8, subsection 1, paragraph c,
subparagraph (2), Code 2015, is amended to read as follows:
(2) If the person is operating a noncommercial motor
vehicle and holding a commercial driver's license or commercial
learner's permit as defined in section 321.1 and either refuses
to submit to the test or submits to the test and the results
indicate the presence of a controlled substance or other drug
or an alcohol concentration equal to or in excess of the level
prohibited by section 321J.2, the person is disqualified from
operating a commercial motor vehicle for the applicable period
under section 321.208 in addition to any revocation of the
person's driver's license or nonresident operating privilege
which may be applicable under this chapter.
Sec. 72. Section 321J.13, subsection 6, paragraph c, Code
2015, is amended to read as follows:
c. Such a holding by the court in the criminal action is
binding on the department, and the department shall rescind
the revocation. If the offense for which the revocation
was imposed was committed while the person was operating a
noncommercial motor vehicle and holding a commercial driver's
license or commercial learner's permit and the department
disqualified the person from operating a commercial motor
vehicle under section 321.208, subsection 2, paragraph "a" or
"b", as a result of the revocation, the department shall also
rescind the disqualification.
Sec. 73. Section 321J.20, subsection 5, Code 2015, is
amended to read as follows:
5. A person holding a temporary restricted license issued
by the department under this section shall not operate a
commercial motor vehicle on a highway if a commercial driver's
license or commercial learner's permit is required for the
person's operation of the commercial motor vehicle.
Sec. 74. Section 321M.1, subsections 1 and 5, Code 2015, are
amended to read as follows:
1. "Commercial driver's license" means a driver's license
valid for the operation of a commercial motor vehicle,
including a commercial learner's permit, as regulated by
chapter 321.
5. "Driver's license" means any license or permit issued
to a person to operate a motor vehicle on the highways of this
state, including but not limited to a driver's, commercial
driver's, temporary restricted, or temporary license and an
instruction, chauffeur's instruction, commercial driver's
instruction learner's, or temporary permit.
Sec. 75. EMERGENCY RULES. The department of transportation
may adopt rules on an emergency basis as provided in section
17A.4, subsection 3, and section 17A.5, subsection 2,
paragraph "b", to implement the provisions of this division
of this Act relating to the department's administration of
commercial learner's permits and commercial driver's licenses
in compliance with the procedures set forth in 49 C.F.R.
{383.73 pursuant to this division of this Act, and the rules
shall be effective immediately upon filing unless a later
date is specified in the rules. Any emergency rule adopted
in accordance with this section shall also be published as
a notice of intended action as provided in section 17A.4,
subsection 1.
Sec. 76. EFFECTIVE UPON ENACTMENT. The provisions of this
division of this Act relating to emergency rules, being deemed
of immediate importance, take effect upon enactment.
Sec. 77. EFFECTIVE UPON ENACTMENT ON OR AFTER JULY
1. Unless otherwise provided, this division of this Act, if
approved by the governor on or after July 1, 2015, takes effect
upon enactment.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 635, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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