Senate File 397 - Introduced
SENATE FILE
BY COMMITTEE ON
TRANSPORTATION
(SUCCESSOR TO SSB
1069)
A BILL FOR
1 An Act relating to matters under the purview of the department
2 of transportation, providing fees, and including effective
3 date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1339SV (4) 86
ns/nh
PAG LIN
1 1 DIVISION I
1 2 AVIATION
1 3 Section 1. Section 23A.2, subsection 9, Code 2015, is
1 4 amended to read as follows:
1 5 9. The state department of transportation may, in
1 6 accordance with chapter 17A, provide for exemption from
1 7 the application of subsection 1 for the activities related
1 8 to highway maintenance, highway design and construction,
1 9 publication and distribution of transportation maps, state
1 10 aircraft pool operations, inventory sales to other state
1 11 agencies and political subdivisions, equipment management and
1 12 disposal, vehicle maintenance and repair services for other
1 13 state agencies, and other similar essential operations.
1 14 Sec. 2. REPEAL. Section 328.38, Code 2015, is repealed.
1 15 DIVISION II
1 16 TRANSPORTATION DEPARTMENT AND COMMISSION
1 17 DEPARTMENT OF TRANSPORTATION
1 18 Sec. 3. Section 307.8, Code 2015, is amended to read as
1 19 follows:
1 20 307.8 Expenses.
1 21 Members of the commission, the The director, and other
1 22 employees of the department shall be allowed their actual and
1 23 necessary expenses incurred in the performance of their duties.
1 24 All expenses and salaries shall be paid from appropriations for
1 25 such purposes and the department shall be subject to the budget
1 26 requirements of chapter 8.
1 27 Sec. 4. Section 307.12, subsection 1, paragraphs g and p,
1 28 Code 2015, are amended to read as follows:
1 29 g. Appoint the deputy director of transportation and the
1 30 administrators of within the department.
1 31 p. Administer chapter 327J Apply for, accept, and expend
1 32 federal, state, or private funds for the improvement of
1 33 transportation.
1 34 Sec. 5. Section 307.12, subsection 1, Code 2015, is amended
1 35 by adding the following new paragraph:
2 1 NEW PARAGRAPH. q. Coordinate the transportation research
2 2 activities within the department.
2 3 Sec. 6. Section 307.12, subsection 2, Code 2015, is amended
2 4 to read as follows:
2 5 2. If in the interest of the state, the director may allow a
2 6 subsistence expense to an employee under the supervision of the
2 7 department's administrator for highways responsible for highway
2 8 programs and activities for continuous stay in one location
2 9 while on duty away from established headquarters and place
2 10 of domicile for a period not to exceed forty=five days; and
2 11 allow automobile expenses in accordance with section 8A.363,
2 12 for moving an employee and the employee's family from place of
2 13 present domicile to new domicile, and actual transportation
2 14 expense for moving of household goods. The household goods for
2 15 which transportation expense is allowed shall not include pets
2 16 or animals.
2 17 Sec. 7. Section 307.21, subsection 1, unnumbered paragraph
2 18 1, Code 2015, is amended to read as follows:
2 19 The department's administrator of administrative services
2 20 responsible for the operations and finances of the department
2 21 shall:
2 22 Sec. 8. Section 307.21, subsection 7, Code 2015, is amended
2 23 to read as follows:
2 24 7. The administrator of administrative services may
2 25 purchase items from the department of administrative services
2 26 and may cooperate with the director of the department of
2 27 administrative services by providing purchasing services for
2 28 the department of administrative services.
2 29 Sec. 9. Section 307.22, Code 2015, is amended to read as
2 30 follows:
2 31 307.22 Planning and research programming activities.
2 32 1. The department's administrator of responsible for
2 33 transportation planning and research infrastructure program
2 34 development shall:
2 35 a. Assist the director in planning all modes of
3 1 transportation in order to develop an integrated transportation
3 2 system providing adequate transportation services for all
3 3 citizens of the state.
3 4 b. Develop and maintain transportation statistical data for
3 5 the department.
3 6 c. Assist the director in establishing, analyzing, and
3 7 evaluating alternative transportation policies for the state.
3 8 d. Coordinate planning and research duties and
3 9 responsibilities with the planning functions carried on by
3 10 other administrators of the department.
3 11 e. (1) Annually report by July 1 of each year, for both
3 12 secondary and farm=to=market systems, miles of earth, granular,
3 13 and paved surface roads; the daily vehicle miles of travel;
3 14 and lineal feet of bridge deck under the jurisdiction of each
3 15 county's secondary road department, as of the preceding January
3 16 1, taking into account roads whose jurisdiction has been
3 17 transferred from the department to a county or from a county
3 18 to the department during the previous year. The annual report
3 19 shall include those roads transferred to a county pursuant to
3 20 section 306.8A.
3 21 (2) Miles of secondary and farm=to=market roads shall not
3 22 include those miles of farm=to=market extensions within cities
3 23 under five hundred population that are placed under county
3 24 secondary road jurisdiction pursuant to section 306.4.
3 25 (3) The annual report of updated road and bridge data of
3 26 both the secondary and farm=to=market roads shall be submitted
3 27 to the Iowa county engineers association service bureau.
3 28 f. Advise and assist the director to study and develop
3 29 highway transport economics to assure availability and
3 30 productivity of highway transport services.
3 31 f. g. Perform such other planning functions as may be
3 32 assigned by the director.
3 33 2. The functions function of planning and research do does
3 34 not include the detailed design of highways or other modal
3 35 transportation facilities, but are is restricted to the needs
4 1 of this state for multimodal transportation systems.
4 2 Sec. 10. Section 307.24, Code 2015, is amended to read as
4 3 follows:
4 4 307.24 Administration of highways highway programs and
4 5 activities.
4 6 The department's administrator of highways is responsible
4 7 for the planning responsible for highway programs and
4 8 activities shall plan, design, construction construct, and
4 9 maintenance of maintain the state primary highways and shall
4 10 administer chapters 306 to through 306C, chapters 309 through
4 11 314, chapters 316 through 318, and chapter 320 and perform
4 12 other duties as assigned by the director. The administration
4 13 of highways department shall be:
4 14 1. Be organized to provide administration assistance for
4 15 urban systems, for and secondary roads, and to provide other
4 16 categories of administration assistance as necessary.
4 17 2. Devise and adopt standard plans of highway construction
4 18 and furnish the same to the counties and provide information
4 19 to the counties on the maintenance practices and policies of
4 20 the department.
4 21 3. Order the removal or alteration of any lights or
4 22 light=reflecting devices, whether on public or private
4 23 property, other than railroad signals or crossing lights,
4 24 located adjacent to a primary road and within three hundred
4 25 feet of a railroad crossing at grade, which in any way
4 26 interfere with the vision of or may be confusing to a person
4 27 operating a motor vehicle on such primary road in observing
4 28 the approach of trains or in observing signs erected for the
4 29 purpose of giving warning of such railroad crossing.
4 30 4. Order the removal or alteration of any lights or
4 31 light=reflecting devices, whether on public or private
4 32 property, located adjacent to a primary road and within
4 33 three hundred feet of an intersection with another primary
4 34 road, which in any way interfere with the vision of or may be
4 35 confusing to a person operating a motor vehicle on such primary
5 1 road in observing the approach of other vehicles or signs
5 2 erected for the purpose of giving warning of such intersection.
5 3 5. Construct, reconstruct, improve, and maintain state
5 4 institutional roads and state park roads which are part of
5 5 the state park, state institution, and other state land road
5 6 system as defined in section 306.3, and bridges on such roads,
5 7 roads located on state fairgrounds as defined in chapter 173,
5 8 and the roads and bridges located on property of community
5 9 colleges as defined in section 260C.2, upon the request of the
5 10 state board, department, or commission which has jurisdiction
5 11 over such roads. This shall be done in such manner as may be
5 12 agreed upon by the state transportation commission and the
5 13 state board, department, or commission which has jurisdiction.
5 14 The commission may contract with any county or municipality for
5 15 the construction, reconstruction, improvement, or maintenance
5 16 of such roads and bridges. Any state park road which is an
5 17 extension of either a primary or secondary highway which both
5 18 enters and exits from a state park at separate points shall
5 19 be constructed, reconstructed, improved, and maintained as
5 20 provided in section 306.4. Funds allocated from the road
5 21 use tax fund for the purposes of this subsection shall be
5 22 apportioned in the following manner and amounts:
5 23 a. For department of natural resources facility roads,
5 24 forty=five and one=half percent.
5 25 b. For department of human services facility roads, six and
5 26 one=half percent.
5 27 c. For department of corrections facility roads, five and
5 28 one=half percent.
5 29 d. For national guard facility roads, four percent.
5 30 e. For state board of regents facility roads, thirty
5 31 percent.
5 32 f. For state fair board facility roads, two percent.
5 33 g. For department of administrative services facility roads,
5 34 one=half percent.
5 35 h. For department of education facility roads, six percent.
6 1 Sec. 11. Section 307.26, Code 2015, is amended to read as
6 2 follows:
6 3 307.26 Rail and water Administration of modal programs and
6 4 activities.
6 5 The department's administrator responsible for rail and
6 6 water modal programs and activities shall:
6 7 1. Advise and assist the director in conducting research on
6 8 the basic railroad problems and identify the present capability
6 9 of the existing railroads in order to determine the present
6 10 obligation of the railroads to provide acceptable levels of
6 11 public service the development of aeronautics, including but
6 12 not limited to the location of air terminals, accessibility
6 13 of air terminals by other modes of public transportation,
6 14 protective zoning provisions considering safety factors, noise,
6 15 and air pollution, facilities for private and commercial
6 16 aircraft, air freight facilities, and such other physical and
6 17 technical aspects as may be necessary to meet present and
6 18 future needs.
6 19 2. Advise and assist the director in the study of local and
6 20 regional transportation of goods and people including intracity
6 21 and intercity bus systems, dial=a=bus facilities, rural and
6 22 urban bus and taxi systems, the collection of data from these
6 23 systems, the study of the feasibility of increased government
6 24 subsidy assistance and the allocation of such subsidies to each
6 25 mass transportation system, the study of such other physical
6 26 and technical aspects which may be necessary to meet present
6 27 and future needs, and the application for, acceptance of,
6 28 and expending of federal, state, or private funds for the
6 29 improvement of mass transit.
6 30 2. 3. Advise and assist the director in the development
6 31 of rail transportation systems and programs for expansion of
6 32 improving passenger and freight services.
6 33 3. 4. Advise and assist the director in developing programs
6 34 in anticipation of railroad abandonment, including:
6 35 a. Development and evaluation of programs which will
7 1 encourage improvement of rail freight and the upgrading of rail
7 2 lines in order to improve freight service.
7 3 b. Development of alternative modes of transportation to
7 4 areas and communities which lose rail service.
7 5 c. b. Advise Advising the director when it may appear in
7 6 the best interest of the state to assume the role of advocate
7 7 in railroad abandonments and railroad rate schedules.
7 8 4. 5. Develop and maintain a federal=state relationship
7 9 of programs relating to railroad safety enforcement, track
7 10 standards, rail equipment, operating rules, and transportation
7 11 of hazardous materials.
7 12 6. Make surveys, plans, and estimates of cost for the
7 13 elimination of danger at railroad crossings on highways, and
7 14 confer with local and railroad officials with reference to
7 15 elimination of the danger.
7 16 5. 7. Advise and assist the director in the conduct of
7 17 research on railroad=highway grade crossings and encourage
7 18 and develop a safety program in order to reduce injuries or
7 19 fatalities including, but not limited to, the following:
7 20 a. The implementation of a program of constructing rumble
7 21 strips at grade crossings on selected hard surface roads.
7 22 b. a. The establishment of standards for warning devices
7 23 for particularly hazardous crossings or for classes of
7 24 crossings on highways, which standards are shall be designed
7 25 to reduce injuries, fatalities, and property damage. Such
7 26 standards shall regulate the use of warning devices and
7 27 signs, which shall be in addition to the requirements of
7 28 section 327G.2. Implementation of such standards shall be
7 29 the responsibility of the government agency or department
7 30 or political subdivision having jurisdiction and control of
7 31 the highway and such implementation shall be deemed adequate
7 32 for the purposes of railroad grade crossing protection. The
7 33 department, or the political subdivision having jurisdiction,
7 34 may direct the installation of temporary protection while
7 35 awaiting installation of permanent protection. A railroad
8 1 crossing shall not be found to be particularly hazardous for
8 2 any purpose unless the department has determined it to be
8 3 particularly hazardous.
8 4 c. b. The development and adoption of classifications of
8 5 crossings on public highways based upon their characteristics,
8 6 conditions, and hazards, and standards for warning devices,
8 7 signals, and signs of each crossing classification. The
8 8 department shall recommend a schedule for implementation
8 9 of the standards to the government agency, department, or
8 10 political subdivision having jurisdiction of the highway and
8 11 shall provide an annual report to the general assembly on the
8 12 development and adoption of classifications and standards under
8 13 this paragraph and their implementation, including information
8 14 about financing installation of warning devices, signals, and
8 15 signs. The department shall not be liable for the development
8 16 or adoption of the classifications or standards. A government
8 17 agency, department, or political subdivision shall not be
8 18 liable for failure to implement the standards. A crossing
8 19 warning or improvement installed or maintained pursuant to
8 20 standards adopted by the department under this paragraph shall
8 21 be deemed an adequate and appropriate warning for the crossing.
8 22 6. Apply for, accept, and expend federal, state or private
8 23 funds for the improvement of rail transportation.
8 24 7. 8. Advise and assist the director on studies for
8 25 coordination of railway service with that of other to assure
8 26 availability, efficiency, and productivity of freight and
8 27 passenger services and to promote the coordination of service
8 28 between all transportation modes.
8 29 8. 9. Advise and assist the director with studies of
8 30 regulatory changes deemed necessary to effectuate economical
8 31 and efficient railroad service.
8 32 9. 10. Advise and assist the director regarding agreements
8 33 with railroad corporations for the restoration, conservation,
8 34 or improvement of railroad as defined in section 327D.2,
8 35 subsection 3, on such terms, conditions, rates, rentals, or
9 1 subsidy levels as may be in the best interest of the state.
9 2 The commission may enter into contracts and agreements which
9 3 are binding only to the extent that appropriations have been
9 4 or may subsequently be made by the legislature to effectuate
9 5 the purposes of this subsection.
9 6 10. 11. Administer chapters 324A, 327C through 327H, 327J,
9 7 328, 329, and 330.
9 8 12. Administer programs and activities in chapters 306D,
9 9 307C, 308A, and 315.
9 10 11. 13. Perform such other duties and responsibilities as
9 11 may be assigned by the director and the commission.
9 12 12. Advise and assist in the establishment and development
9 13 of railroad districts upon request.
9 14 13. Conduct innovative experimental programs relating to
9 15 rail transportation problems within the state.
9 16 14. Enter the role of "applicant" pursuant to the Railroad
9 17 Revitalization and Regulatory Reform Act of 1976, Pub. L. No.
9 18 94=210, and take such actions as are necessary to accomplish
9 19 this role.
9 20 15. Identify those segments of railroad trackage which, if
9 21 improved, may provide increased transportation services for
9 22 the citizens of this state. The department shall develop and
9 23 implement programs to encourage the improvement of rail freight
9 24 services on such railroad trackage.
9 25 16. 14. Promote river transportation and coordinate river
9 26 programs with other transportation modes.
9 27 17. 15. Advise and assist the director in the development
9 28 of river transportation and port facilities in the state.
9 29 Sec. 12. Section 307.27, Code 2015, is amended to read as
9 30 follows:
9 31 307.27 Motor vehicles, motor carriers, and drivers.
9 32 The department's administrator responsible for the
9 33 enforcement and regulation of motor carriers, registration of
9 34 motor vehicles, and licensing of drivers shall:
9 35 1. Administer and supervise the registration of motor
10 1 vehicles and the licensing of drivers pursuant to chapter 321.
10 2 2. Administer and supervise the licensing of motor vehicle
10 3 manufacturers, distributors, and dealers pursuant to chapter
10 4 322.
10 5 3. Administer the inspection of motor vehicles pursuant to
10 6 chapter 321.
10 7 4. Administer motor vehicle registration reciprocity
10 8 pursuant to chapter 326.
10 9 5. Administer the provisions of chapters 321A, 321E, 321F,
10 10 and 321J relating to motor vehicle financial responsibility,
10 11 the implied consent law, the movement of vehicles of excessive
10 12 size and weight, and the leasing and renting of vehicles.
10 13 6. Administer the regulation of motor vehicle franchisers
10 14 pursuant to chapter 322A.
10 15 7. Administer the regulation of motor carriers pursuant to
10 16 chapter chapters 325A, 326, and 327B.
10 17 8. Administer the registration of interstate authority
10 18 of motor carriers pursuant to chapter 327B as provided in 49
10 19 U.S.C. {14504a and United States department of transportation
10 20 regulations.
10 21 9. Administer chapters 321C, 321D, 321H, 321L, 321M, and
10 22 322C.
10 23 Sec. 13. Section 307.45, Code 2015, is amended to read as
10 24 follows:
10 25 307.45 State=owned lands == assessment.
10 26 1. Cities and counties may assess the cost of a public
10 27 improvement against the state when the improvement benefits
10 28 property owned by the state and under the jurisdiction
10 29 and control of the department's administrator of highways
10 30 department. The director shall pay from the primary road fund
10 31 the portion of the cost of the improvement which would be
10 32 legally assessable against the land if privately owned.
10 33 2. Assessments against property under the jurisdiction of
10 34 the department's administrator of highways department shall be
10 35 made in the same manner as those made against private property,
11 1 except that the city or county making the assessment shall
11 2 cause a copy of the public notice of hearing to be mailed to the
11 3 director by certified mail.
11 4 3. Assessments against property owned by the state and
11 5 not under the jurisdiction and control of the department's
11 6 administrator of highways department shall be made in the same
11 7 manner as those made against private property and payment shall
11 8 be subject to authorization by the executive council. There
11 9 is appropriated from moneys in the general fund not otherwise
11 10 appropriated an amount necessary to pay the expense authorized
11 11 by the executive council.
11 12 Sec. 14. Section 307.47, subsections 1 and 3, Code 2015, are
11 13 amended to read as follows:
11 14 1. The highway materials and equipment revolving fund
11 15 is created from moneys appropriated out of the primary road
11 16 fund. From this fund shall be paid all costs for materials
11 17 and supplies, inventoried stock supplies, maintenance and
11 18 operational costs of equipment, and equipment replacements
11 19 incurred in the operation of centralized purchasing under the
11 20 supervision of the department's administrator of highways
11 21 administrator responsible for highway programs and activities.
11 22 Direct salaries and expenses properly chargeable to direct
11 23 salaries shall be paid from the fund. For each month the
11 24 director administrator responsible for the operations and
11 25 finances of the department shall render a statement to each
11 26 highway unit under the supervision of the administrator
11 27 of highways for the actual cost of materials and supplies,
11 28 operational and maintenance costs of equipment, and equipment
11 29 depreciation used. The expense shall be paid by the
11 30 administrator of highways responsible for the operations
11 31 and finances of the department in the same manner as other
11 32 interdepartmental billings are paid and when the expense is
11 33 paid by the administrator of highways, the. The sum paid shall
11 34 be credited to the highway materials and equipment revolving
11 35 fund.
12 1 3. When the units under the supervision of the administrator
12 2 of highways share a highway unit shares equipment with other
12 3 another administrative units unit of the department, the
12 4 director shall prorate the costs of the equipment among the
12 5 administrative units using the equipment.
12 6 Sec. 15. REPEAL. Sections 307.3, 307.4, 307.5, 307.6,
12 7 307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2015,
12 8 are repealed.
12 9 STATE TRANSPORTATION COMMISSION
12 10 Sec. 16. NEW SECTION. 307A.1A Transportation commission.
12 11 1. There is created a state transportation commission which
12 12 shall consist of seven members, not more than four of whom
12 13 shall be from the same political party. The governor shall
12 14 appoint the members of the state transportation commission
12 15 for a term of four years beginning and ending as provided by
12 16 section 69.19, subject to confirmation by the senate.
12 17 2. The commission shall meet in May of each year for the
12 18 purpose of electing one of its members as chairperson.
12 19 Sec. 17. Section 307A.2, subsections 1 and 2, Code 2015,
12 20 are amended by striking the subsections and inserting in lieu
12 21 thereof the following:
12 22 1. Develop, coordinate, and annually update a comprehensive
12 23 transportation policy and plan for the state.
12 24 2. Promote the coordinated and efficient use of all
12 25 available modes of transportation for the benefit of the state
12 26 and its citizens including but not limited to the designation
12 27 and development of multimodal public transfer facilities if
12 28 carriers or other private businesses fail to develop such
12 29 facilities.
12 30 Sec. 18. Section 307A.2, subsections 3, 4, 5, 6, 7, 8, 9,
12 31 10, and 11, Code 2015, are amended by striking the subsections.
12 32 Sec. 19. Section 307A.2, subsection 12, Code 2015, is
12 33 amended to read as follows:
12 34 12. Prepare, adopt, and cause to be published a long=range
12 35 program for the primary road system, in conjunction with the
13 1 state transportation plan adopted by the commission. Such
13 2 program shall be prepared for a period of at least five years
13 3 and shall be revised, brought up=to=date, and republished at
13 4 least once every year in order to have a continuing five=year
13 5 program. The program shall include, insofar as such estimates
13 6 can be made, an estimate of the money expected to become
13 7 available during the period covered by the program and a
13 8 statement of the construction, maintenance, and other work
13 9 planned to be performed during such period. The commission
13 10 shall conduct periodic reinspections of the primary roads in
13 11 order to revise, from time to time, its estimates of future
13 12 needs to conform to the physical and service conditions
13 13 of the primary roads. The commission shall annually cause
13 14 to be published a sufficiency rating report showing the
13 15 relative conditions of the primary roads. Before the last
13 16 day of December of each year, the commission shall adopt and
13 17 cause to be published from its long=range program, a plan of
13 18 improvements to be accomplished during the next calendar year.
13 19 However, in years when the federal government is reauthorizing
13 20 federal highway funding, the commission shall not be required
13 21 to adopt and publish the annual plan of improvements to be
13 22 accomplished until at least ninety days from the enactment
13 23 of the new federal funding formula. This annual program
13 24 shall list definite projects in order of urgency and shall
13 25 include a reasonable year's work with the funds estimated to
13 26 be available. The annual program shall be final and followed
13 27 by the commission in the next year except that deviations may
13 28 be made in case of disaster or other unforeseen emergencies
13 29 or difficulties. The relative urgency of the proposed
13 30 improvements shall be determined by a consideration of the
13 31 physical condition, safety, and service characteristics of the
13 32 various primary roads.
13 33 Sec. 20. Section 307A.2, Code 2015, is amended by adding the
13 34 following new subsection:
13 35 NEW SUBSECTION. 15. Approve all rules prior to their
14 1 adoption by the director pursuant to section 307.12, subsection
14 2 1, paragraph "j".
14 3 Sec. 21. NEW SECTION. 307A.3 Conflict of interest.
14 4 A person shall not serve as a member of the commission if
14 5 the person has an interest in a contract or job of work or
14 6 material or the profits thereof or service to be performed
14 7 for the department. Any member of the commission who accepts
14 8 employment with or acquires any stock, bonds, or other
14 9 interest in any company or corporation doing business with the
14 10 department shall be disqualified from remaining a member of the
14 11 commission.
14 12 Sec. 22. NEW SECTION. 307A.4 Vacancies on commission.
14 13 Any vacancy in the membership of the commission shall
14 14 be filled in the same manner as regular appointments are
14 15 made for the unexpired portion of the regular term. In the
14 16 event the governor fails to make an appointment to fill a
14 17 vacancy or fails to submit the appointment to the senate for
14 18 confirmation as required by section 2.32, the senate may make
14 19 the appointment prior to adjournment of the general assembly.
14 20 Sec. 23. NEW SECTION. 307A.5 Compensation == commission
14 21 members.
14 22 Each member of the commission shall be compensated as
14 23 provided in section 7E.6.
14 24 Sec. 24. NEW SECTION. 307A.6 Commission meetings.
14 25 The commission shall meet at the call of the chairperson or
14 26 when any four members of the commission file a written request
14 27 with the chairperson for a meeting. Written notice of the
14 28 time and place of each meeting shall be given to each member
14 29 of the commission. A majority of the commission members shall
14 30 constitute a quorum.
14 31 Sec. 25. NEW SECTION. 307A.7 Expenses.
14 32 Members of the commission shall be allowed their actual and
14 33 necessary expenses incurred in the performance of their duties.
14 34 All expenses and salaries shall be paid from appropriations for
14 35 such purposes and the commission shall be subject to the budget
15 1 requirements of chapter 8.
15 2 Sec. 26. NEW SECTION. 307A.8 Removal from office.
15 3 Any member of the commission may be removed for any of
15 4 the causes and in the manner provided in chapter 66 and such
15 5 removal shall not be in lieu of any other punishment that may
15 6 be prescribed by the laws of this state.
15 7 CONFORMING AMENDMENTS
15 8 Sec. 27. Section 173.16, unnumbered paragraph 1, Code 2015,
15 9 is amended to read as follows:
15 10 All expenses incurred in maintaining the state fairgrounds
15 11 and in conducting the annual fair on it the state fairgrounds,
15 12 including the compensation and expenses of the officers,
15 13 members, and employees of the board, shall be recorded by the
15 14 secretary and paid from the state fair receipts, unless a
15 15 specific appropriation has been provided for that purpose. The
15 16 board may request special capital improvement appropriations
15 17 from the state and may request emergency funding from the
15 18 executive council for natural disasters. The board may request
15 19 that the department of transportation provide maintenance in
15 20 accordance with section 307A.2 307.24, subsection 11 5.
15 21 Sec. 28. Section 312.2, subsection 2, unnumbered paragraph
15 22 1, Code 2015, is amended to read as follows:
15 23 The treasurer of state shall before making the allotments
15 24 in subsection 1 credit annually to the highway grade crossing
15 25 safety fund the sum of seven hundred thousand dollars, credit
15 26 annually from the road use tax fund the sum of nine hundred
15 27 thousand dollars to the highway railroad grade crossing surface
15 28 repair fund, credit monthly to the primary road fund the
15 29 dollars yielded from an allotment of sixty=five hundredths of
15 30 one percent of all road use tax funds for the express purpose
15 31 of carrying out section 307A.2 307.24, subsection 11 5, section
15 32 313.4, subsection 2, and section 307.45, and credit annually
15 33 to the primary road fund the sum of five hundred thousand
15 34 dollars to be used for paying expenses incurred by the state
15 35 department of transportation other than expenses incurred for
16 1 extensions of primary roads in cities. All unobligated funds
16 2 provided by this subsection, except those funds credited to the
16 3 highway grade crossing safety fund, shall at the end of each
16 4 year revert to the road use tax fund. Funds in the highway
16 5 grade crossing safety fund shall not revert to the road use tax
16 6 fund except to the extent they exceed five hundred thousand
16 7 dollars at the end of any biennium. The cost of each highway
16 8 railroad grade crossing repair project shall be allocated in
16 9 the following manner:
16 10 Sec. 29. Section 312.4, subsection 5, Code 2015, is amended
16 11 to read as follows:
16 12 5. The amount of the road use tax fund which has been
16 13 credited to carry out the provisions of section 307A.2 307.24,
16 14 subsection 11 5, section 313.4, subsection 2, and section
16 15 307.45.
16 16 Sec. 30. Section 313.4, subsection 2, Code 2015, is amended
16 17 to read as follows:
16 18 2. Such fund is also appropriated and shall be used for the
16 19 construction, reconstruction, improvement and maintenance of
16 20 state institutional roads and state park roads and bridges on
16 21 such roads and roads and bridges on community college property
16 22 as provided in section 307A.2 307.24, subsection 11 5, for
16 23 restoration of secondary roads used as primary road detours and
16 24 for compensation of counties for such use, for restoration of
16 25 municipal streets so used and for compensation of cities for
16 26 such use, and for the payments required in section 307.45.
16 27 DIVISION III
16 28 MOTOR VEHICLES
16 29 Sec. 31. Section 321.1, subsection 36C, paragraphs b and c,
16 30 Code 2015, are amended to read as follows:
16 31 b. "Travel trailer" means a vehicle without motive power
16 32 used, manufactured, or constructed to permit its use as a
16 33 conveyance upon the public streets and highways and designed
16 34 to permit its use as a place of human habitation by one or more
16 35 persons. The vehicle may be up to eight feet six inches in
17 1 width and its overall length shall not exceed forty forty=five
17 2 feet. The vehicle shall be customarily or ordinarily used for
17 3 vacation or recreational purposes and not used as a place of
17 4 permanent habitation. If the vehicle is used in this state as
17 5 a place of human habitation for more than ninety consecutive
17 6 days in one location it shall be classed as a manufactured or
17 7 mobile home regardless of the size limitations provided in this
17 8 paragraph.
17 9 c. "Fifth=wheel travel trailer" means a type of travel
17 10 trailer which is towed by a pickup by a connecting device known
17 11 as a fifth wheel. However, this type of travel trailer may
17 12 have an overall length which shall not exceed forty forty=five
17 13 feet.
17 14 Sec. 32. Section 321.19, subsection 1, unnumbered paragraph
17 15 2, Code 2015, is amended to read as follows:
17 16 The department shall furnish, on application, free of
17 17 charge, distinguishing plates for vehicles thus exempted,
17 18 which plates except plates on state patrol vehicles shall bear
17 19 the word "official" and the department shall keep a separate
17 20 record. Registration plates issued for state patrol vehicles,
17 21 except unmarked patrol vehicles, shall bear two red stars
17 22 on a yellow background, one before and one following the
17 23 registration number on the plate, which registration number
17 24 shall be the officer's badge number. Registration plates
17 25 issued for county sheriff's patrol vehicles shall display one
17 26 seven=pointed gold star followed by the letter "S" and the call
17 27 number of the vehicle. However, the director of the department
17 28 of administrative services or the director of transportation
17 29 may order the issuance of regular registration plates for
17 30 any exempted vehicle used by peace officers or federal law
17 31 enforcement officers in the enforcement of the law, persons
17 32 enforcing chapter 124 and other laws relating to controlled
17 33 substances, persons in the department of justice, the alcoholic
17 34 beverages division of the department of commerce, disease
17 35 investigators of the Iowa department of public health, the
18 1 department of inspections and appeals, and the department of
18 2 revenue, who are regularly assigned to conduct investigations
18 3 which cannot reasonably be conducted with a vehicle displaying
18 4 "official" state registration plates, persons who are
18 5 federal agents or officers regularly assigned to conduct
18 6 investigations which cannot reasonably be conducted with a
18 7 vehicle displaying "official" registration plates, persons in
18 8 the Iowa lottery authority whose regularly assigned duties
18 9 relating to security or the carrying of lottery tickets cannot
18 10 reasonably be conducted with a vehicle displaying "official"
18 11 registration plates, persons in the economic development
18 12 authority who are regularly assigned duties relating to
18 13 existing industry expansion or business attraction, and mental
18 14 health professionals or health care professionals who provide
18 15 off=site or in=home medical or mental health services to
18 16 clients of publicly funded programs. For purposes of sale of
18 17 exempted vehicles, the exempted governmental body, upon the
18 18 sale of the exempted vehicle, may issue for in=transit purposes
18 19 a pasteboard card bearing the words "Vehicle in Transit", the
18 20 name of the official body from which the vehicle was purchased,
18 21 together with the date of the purchase plainly marked in at
18 22 least one=inch letters, and other information required by the
18 23 department. The in=transit card is valid for use only within
18 24 forty=eight hours after the purchase date as indicated on the
18 25 bill of sale which shall be carried by the driver.
18 26 Sec. 33. Section 321.189, subsection 6, Code 2015, is
18 27 amended to read as follows:
18 28 6. Licenses issued to persons under age twenty=one. A
18 29 driver's license issued to a person under eighteen years of
18 30 age shall contain the same information as any other driver's
18 31 license except that the words "under eighteen" shall appear
18 32 prominently on the face of the license. A driver's license
18 33 issued to a person eighteen years of age or older but less than
18 34 twenty=one years of age shall contain the same information
18 35 as any other driver's license except that the words "under
19 1 twenty=one" shall appear prominently on the face of the
19 2 license. Upon attaining the age of eighteen or upon attaining
19 3 the age of twenty=one, and upon payment of a one ten dollar
19 4 fee, the person shall be entitled to a new driver's license
19 5 or nonoperator's identification card for the unexpired months
19 6 of the driver's license or card. An instruction permit or
19 7 intermediate license issued under section 321.180B, subsection
19 8 1 or 2, shall include a distinctive color bar. An intermediate
19 9 license issued under section 321.180B, subsection 2, shall
19 10 include the words "intermediate license" printed prominently on
19 11 the face of the license.
19 12 Sec. 34. Section 321.215, Code 2015, is amended by adding
19 13 the following new subsection:
19 14 NEW SUBSECTION. 5. Notwithstanding any provision of
19 15 this chapter to the contrary, the department may issue a
19 16 temporary restricted license to a person eligible for a
19 17 temporary restricted license under this section if the person
19 18 is also eligible for a temporary restricted license under
19 19 section 321J.20, provided the requirements of each section are
19 20 satisfied.
19 21 Sec. 35. Section 321E.29, subsection 2, unnumbered
19 22 paragraph 1, Code 2015, is amended to read as follows:
19 23 Annual permits may be issued for vehicles with divisible
19 24 loads of hay, straw, or stover, or bagged livestock bedding
19 25 without a finding of special or emergency situations if the
19 26 movement meets the requirements of this chapter, provided the
19 27 following limits are not exceeded:
19 28 Sec. 36. Section 321J.20, Code 2015, is amended by adding
19 29 the following new subsection:
19 30 NEW SUBSECTION. 9. Notwithstanding any provision of
19 31 this chapter to the contrary, the department may issue a
19 32 temporary restricted license to a person eligible for a
19 33 temporary restricted license under this section if the person
19 34 is also eligible for a temporary restricted license under
19 35 section 321.215, provided the requirements of each section are
20 1 satisfied.
20 2 Sec. 37. Section 322.5, subsection 2, paragraph a,
20 3 subparagraph (2), Code 2015, is amended to read as follows:
20 4 (2) Display, offer for sale, and negotiate sales of new
20 5 motor vehicles at fair events, as defined in chapter 174, the
20 6 state fair, as discussed in chapter 173, vehicle shows, and
20 7 vehicle exhibitions, upon application for and receipt of a
20 8 temporary permit issued by the department. Such activities
20 9 may only be conducted at a fair events event, the state fair,
20 10 a vehicle shows show, and or a vehicle exhibitions that are
20 11 exhibition, if the fair event, state fair, vehicle show, or
20 12 vehicle exhibition is held in the motor vehicle dealer's
20 13 community, as defined in section 322A.1, for the vehicles
20 14 that are displayed and offered for sale. A sale of a motor
20 15 vehicle by a motor vehicle dealer shall not be completed and an
20 16 agreement for the sale of a motor vehicle shall not be signed
20 17 at a fair event, the state fair, a vehicle show, or a vehicle
20 18 exhibition. All such sales shall be consummated at the motor
20 19 vehicle dealer's principal place of business.
20 20 Sec. 38. Section 322C.2, subsection 10, Code 2015, is
20 21 amended to read as follows:
20 22 10. "Travel trailer" means a vehicle without motive power
20 23 used or so manufactured or constructed as to permit its being
20 24 used as a conveyance upon the public streets and highways and
20 25 designed to permit the vehicle to be used as a place of human
20 26 habitation by one or more persons. The vehicle may be up to
20 27 eight feet six inches in width and its overall length shall
20 28 not exceed forty forty=five feet. "Travel trailer" does not
20 29 include a vehicle that is so designed as to permit it to be
20 30 towed exclusively by a motorcycle.
20 31 Sec. 39. Section 326.14, subsection 3, Code 2015, is amended
20 32 to read as follows:
20 33 3. An application for renewal of registration shall
20 34 be postmarked or received in the office of motor carrier
20 35 services of the department no later than the last day of the
21 1 registration expiration month. A five percent late filing
21 2 penalty equal to five percent of the fees due to the state of
21 3 Iowa shall be assessed to an application for renewal postmarked
21 4 or received on or after the first day following the last day
21 5 of the registration expiration month, with an additional five
21 6 percent penalty assessed the first of each month thereafter
21 7 until the application is filed. The enforcement deadline
21 8 for failure to display a registration plate and registration
21 9 is 12:01 a.m. of the first day following the last day of the
21 10 registration expiration month.
21 11 Sec. 40. Section 326.16, subsections 2 and 3, Code 2015, are
21 12 amended to read as follows:
21 13 2. A five percent late payment penalty equal to five percent
21 14 of the fees due to the state of Iowa shall be assessed if an
21 15 invoice is not paid within thirty days of the invoice date,
21 16 with an additional five percent penalty assessed the first of
21 17 each month thereafter until all fees and penalties are paid.
21 18 In addition, the fees due for registration in this state shall
21 19 be a debt due to the state of Iowa.
21 20 3. Failure to receive a renewal notice or an invoice by
21 21 mail, facsimile transmission, or any other means of delivery
21 22 does not relieve the registrant of the financial responsibility
21 23 for the renewal fees, invoiced amount, or accrued penalties.
21 24 Late penalties calculated by the department in accordance with
21 25 this chapter shall remain due to the state of Iowa until the
21 26 fees and penalties are received.
21 27 Sec. 41. EFFECTIVE DATE. The following provisions of this
21 28 division of this Act take effect January 1, 2016:
21 29 1. The section of this Act amending section 326.14.
21 30 2. The section of this Act amending section 326.16.
21 31 DIVISION IV
21 32 RAIL TRANSPORTATION
21 33 Sec. 42. REPEAL. Sections 327F.14, 327F.18, 327F.19,
21 34 327F.20, 327F.26, 327F.34, 327F.35, 327G.13, 327G.14, 327G.22,
21 35 327G.23, 327G.28, and 327H.25, Code 2015, are repealed.
22 1 DIVISION V
22 2 COMMERCIAL LEARNER'S PERMITS
22 3 Sec. 43. Section 321.1, subsections 11 and 20A, Code 2015,
22 4 are amended to read as follows:
22 5 11. For purposes of administering and enforcing the
22 6 commercial driver's license provisions:
22 7 a. "Commercial driver" means the operator of a commercial
22 8 motor vehicle.
22 9 b. "Commercial driver's license" means a driver's license
22 10 valid for the operation of a commercial motor vehicle
22 11 commercial driver's license as defined in 49 C.F.R. {383.5.
22 12 c. "Commercial driver's license information system" means
22 13 the national information system established to serve as a
22 14 clearinghouse for locating information related to the licensing
22 15 and identification of commercial motor vehicle drivers.
22 16 d. "Commercial learner's permit" means commercial learner's
22 17 permit as defined in 49 C.F.R. {383.5.
22 18 d. e. "Commercial motor carrier" means a person responsible
22 19 for the safe operation of a commercial motor vehicle.
22 20 e. f. "Commercial motor vehicle" means a motor vehicle
22 21 or combination of vehicles used to transport passengers or
22 22 property if any of the following apply:
22 23 (1) The combination of vehicles has a gross combination
22 24 weight rating or gross combination weight, whichever is
22 25 greater, of twenty=six thousand one or more pounds provided
22 26 the, including a towed vehicle or vehicles have having a gross
22 27 weight rating or gross combination vehicle weight rating,
22 28 whichever is greater, of ten thousand one or more pounds.
22 29 (2) The motor vehicle has a gross vehicle weight rating
22 30 or gross vehicle weight, whichever is greater, of twenty=six
22 31 thousand one or more pounds.
22 32 (3) The motor vehicle is designed to transport sixteen
22 33 or more persons, including the operator, or is of a size and
22 34 design to transport sixteen or more persons, including the
22 35 operator, but is redesigned or modified to transport less than
23 1 sixteen persons with disabilities.
23 2 (4) The motor vehicle is used in the transportation of
23 3 hazardous material of a type or quantity requiring vehicle
23 4 placarding.
23 5 f. g. "Employer" means any person, including the United
23 6 States, a state, the District of Columbia, or a political
23 7 subdivision of a state, who owns or leases a commercial motor
23 8 vehicle or assigns an employee to operate such a vehicle.
23 9 g. h. "Foreign jurisdiction" means a jurisdiction outside
23 10 the fifty United States, and the District of Columbia, and
23 11 Canada.
23 12 h. i. "Nonresident commercial driver's license" means a
23 13 commercial driver's license issued to a person who is not
23 14 a resident of the United States or Canada domiciled in a
23 15 foreign jurisdiction meeting the requirements of 49 C.F.R.
23 16 {383.23(b)(1), or to a person domiciled in another state
23 17 meeting the requirements of 49 C.F.R. {383.23(b)(2).
23 18 j. "Nonresident commercial learner's permit" means a
23 19 commercial learner's permit issued to a person domiciled in
23 20 a foreign jurisdiction meeting the requirements of 49 C.F.R.
23 21 {383.23(b)(1), or to a person domiciled in another state
23 22 meeting the requirements of 49 C.F.R. {383.23(b)(2).
23 23 i. k. "Tank vehicle" means a commercial motor vehicle
23 24 that is designed to transport any liquid or gaseous materials
23 25 within a tank or tanks having an individual rated capacity
23 26 of more than one hundred nineteen gallons and an aggregate
23 27 rated capacity of one thousand gallons or more that is either
23 28 permanently or temporarily attached to the vehicle or chassis.
23 29 For purposes of this paragraph, "tank" does not include a
23 30 portable tank with a rated capacity of less than one thousand
23 31 gallons or a permanent tank with a rated capacity of one
23 32 hundred nineteen gallons or less. A commercial motor vehicle
23 33 transporting an empty storage container tank not designed for
23 34 transportation with a rated capacity of one thousand gallons
23 35 or more that is temporarily attached to a flatbed trailer is
24 1 not considered a tank vehicle.
24 2 20A. "Driver's license" means any license or permit issued
24 3 to a person to operate a motor vehicle on the highways of this
24 4 state, including but not limited to a temporary restricted or
24 5 temporary license and an instruction, chauffeur's instruction,
24 6 commercial driver's instruction learner's permit, or temporary
24 7 permit. For purposes of license suspension, revocation, bar,
24 8 disqualification, cancellation, or denial under this chapter
24 9 and chapters 321A, 321C, and 321J, "driver's license" includes
24 10 any privilege to operate a motor vehicle.
24 11 Sec. 44. Section 321.12, subsection 2, Code 2015, is amended
24 12 to read as follows:
24 13 2. Operating records relating to a person who has been
24 14 issued a commercial driver's license or commercial learner's
24 15 permit shall be maintained on file in accordance with rules
24 16 adopted by the department.
24 17 Sec. 45. Section 321.56, subsection 3, Code 2015, is amended
24 18 to read as follows:
24 19 3. For purposes of this section, "commercial motor vehicle"
24 20 means as defined in section 321.1, subsection 11, paragraph "e"
24 21 "f", subparagraph (2).
24 22 Sec. 46. Section 321.174, subsections 2 and 3, Code 2015,
24 23 are amended to read as follows:
24 24 2. a. A person operating a commercial motor vehicle shall
24 25 not have more than one driver's license. A nonresident may
24 26 operate a commercial motor vehicle in Iowa if the nonresident
24 27 has been issued a license by another state, a nonresident
24 28 commercial driver's license or nonresident commercial learner's
24 29 permit, or a driver's license issued by a foreign jurisdiction
24 30 which the federal highway administration has determined to be
24 31 issued in conformity with the federal commercial driver testing
24 32 and licensing standards, if the license, commercial driver's
24 33 license, commercial learner's permit, or driver's license is
24 34 valid for the vehicle operated.
24 35 b. A person who operates a commercial motor vehicle upon the
25 1 highways of this state without having been issued a driver's
25 2 license valid for the vehicle operated commits a simple
25 3 misdemeanor.
25 4 c. A person who operates a commercial motor vehicle upon the
25 5 highways of this state after the person's commercial driver's
25 6 license or commercial learner's permit has been downgraded to
25 7 a noncommercial status pursuant to section 321.207 commits a
25 8 simple misdemeanor.
25 9 3. A licensee shall have the licensee's driver's license
25 10 in immediate possession at all times when operating a motor
25 11 vehicle and shall display the same upon demand of a judicial
25 12 magistrate, district associate judge, district judge, peace
25 13 officer, or examiner of the department. If the licensee has
25 14 been issued a commercial learner's permit, the licensee's
25 15 driver's license includes both the licensee's commercial
25 16 learner's permit and the licensee's underlying commercial or
25 17 noncommercial driver's license. However, a person charged
25 18 with violating this subsection shall not be convicted and the
25 19 citation shall be dismissed by the court if the person produces
25 20 to the clerk of the district court, prior to the licensee's
25 21 court date indicated on the citation, a driver's license issued
25 22 to that person and valid for the vehicle operated at the time
25 23 of the person's arrest or at the time the person was charged
25 24 with a violation of this section. Upon dismissal, the court or
25 25 clerk of court shall assess the costs of the action against the
25 26 defendant named on the citation.
25 27 Sec. 47. Section 321.177, subsection 8, Code 2015, is
25 28 amended to read as follows:
25 29 8. To any person to operate a commercial motor vehicle
25 30 unless the person is eighteen years of age or older and the
25 31 person qualifies under federal and state law to be issued a
25 32 commercial driver's license or commercial learner's permit in
25 33 this state.
25 34 Sec. 48. Section 321.180, subsection 2, Code 2015, is
25 35 amended by striking the subsection and inserting in lieu
26 1 thereof the following:
26 2 2. a. The department shall adopt rules to administer
26 3 commercial learner's permits in compliance with the procedures
26 4 set forth in 49 C.F.R. {383.73. An applicant for a commercial
26 5 learner's permit must hold a valid class A, B, C, or D driver's
26 6 license issued in this state, must be at least eighteen years
26 7 of age, and must meet the qualifications to obtain a valid
26 8 commercial driver's license, including the requirements set
26 9 forth in section 321.188, except for the required driving
26 10 skills test.
26 11 b. A commercial learner's permit shall be a separate
26 12 document from a commercial or noncommercial driver's license.
26 13 A person operating a vehicle pursuant to a commercial learner's
26 14 permit shall have both the commercial learner's permit and the
26 15 commercial or noncommercial driver's license issued to the
26 16 person within the person's possession.
26 17 c. A commercial learner's permit shall be valid for a period
26 18 not to exceed one hundred eighty days. A commercial learner's
26 19 permit may be renewed for an additional one hundred eighty days
26 20 without retaking the general and endorsement knowledge tests
26 21 required by section 321.188.
26 22 d. A commercial learner's permit shall be valid for the
26 23 operation of a commercial motor vehicle only when the permit
26 24 holder is accompanied by a holder of a valid commercial
26 25 driver's license with the proper commercial driver's license
26 26 group designation and endorsements necessary to operate the
26 27 commercial motor vehicle, and who is at all times physically
26 28 present in the front passenger seat of the vehicle, or in the
26 29 case of a passenger vehicle, directly behind or in the first
26 30 row behind the permit holder in a position to directly observe
26 31 and supervise the permit holder.
26 32 (1) When a commercial learner's permit is issued to the
26 33 holder of a commercial driver's license, this paragraph "d"
26 34 only applies to the operation of a commercial motor vehicle for
26 35 which the permit holder's commercial driver's license is not
27 1 valid.
27 2 (2) When a commercial learner's permit is issued to the
27 3 holder of a noncommercial driver's license, this paragraph "d"
27 4 only applies to the operation of a commercial motor vehicle.
27 5 e. The issuance of a commercial learner's permit is a
27 6 precondition to the initial issuance of a commercial driver's
27 7 license. The issuance of a commercial learner's permit is also
27 8 a precondition to the upgrade of a commercial driver's license
27 9 if the upgrade requires a driving skills test. The holder of a
27 10 commercial learner's permit is not eligible to take a driving
27 11 skills test required by section 321.188 for the first fourteen
27 12 days after the permit holder is issued the permit.
27 13 f. A commercial learner's permit is not valid for the
27 14 operation of a vehicle transporting hazardous materials as
27 15 defined in 49 C.F.R. {383.5.
27 16 Sec. 49. Section 321.180, subsection 4, Code 2015, is
27 17 amended to read as follows:
27 18 4. The instruction permit, chauffeur's instruction permit,
27 19 and commercial driver's instruction learner's permit are
27 20 subject to suspension or revocation for the same reasons and
27 21 in the same manner as suspension or revocation of a driver's
27 22 license.
27 23 Sec. 50. Section 321.182, subsection 3, Code 2015, is
27 24 amended to read as follows:
27 25 3. Certify that the applicant has no other driver's license
27 26 and certify that the applicant is a resident of this state
27 27 as provided in section 321.1A. However, certification of
27 28 residency is not required for an applicant for a nonresident
27 29 commercial driver's license who is a foreign national
27 30 temporarily present in this state, as determined by the
27 31 department or nonresident commercial learner's permit.
27 32 Sec. 51. Section 321.188, subsections 1 and 6, Code 2015,
27 33 are amended to read as follows:
27 34 1. The department shall adopt rules to administer
27 35 commercial driver's licenses in compliance with the procedures
28 1 set forth in 49 C.F.R. {383.73. Before the department issues,
28 2 renews, or upgrades a commercial driver's license and in
28 3 addition to the requirements of section 321.182, the license
28 4 applicant shall do all of the following:
28 5 a. Certify whether the applicant is subject to and meets
28 6 applicable driver qualifications of 49 C.F.R. pt. 391 as
28 7 adopted by rule by the department.
28 8 b. Certify the applicant is not subject to any commercial
28 9 driver's license disqualification and has committed no
28 10 offense and has not acted in a manner which either alone or
28 11 with previous actions or offenses could result in commercial
28 12 driver's license disqualification.
28 13 c. Successfully pass knowledge tests and driving skills
28 14 tests, provide self=certification of type of driving, and
28 15 provide a medical examiner's certificate prepared by a medical
28 16 examiner, as defined in 49 C.F.R. {390.5, and provide all other
28 17 required information, proofs, and certificates, as required by
28 18 rule by the department. The rules adopted shall substantially
28 19 comply with the federal minimum testing and licensing
28 20 requirements in 49 C.F.R. pt. 383, subpts. E, G, and H, as
28 21 adopted by rule by the department. Except as required under
28 22 49 C.F.R. pt. 383, subpt. E, G, or H, a commercial driver's
28 23 license is renewable without a driving skills test within one
28 24 year after its expiration date.
28 25 d. Certify the vehicle to be operated in the driving skills
28 26 tests represents the largest class of vehicle is representative
28 27 of the class of motor vehicle the applicant will operate on the
28 28 highway.
28 29 e. Certify that the applicant is a resident of Iowa or a
28 30 resident of a foreign jurisdiction.
28 31 f. Identify all states where the applicant has been licensed
28 32 to drive any type of motor vehicle during the previous ten
28 33 years.
28 34 6. a. The department may waive the requirement that an
28 35 applicant pass a driving skills test specified in this section
29 1 for an applicant who is on active duty in the military service,
29 2 or who has separated from such service in the last ninety
29 3 days past year, who certifies that during the two=year period
29 4 immediately preceding application for a commercial driver's
29 5 license, all of the following apply:
29 6 (1) The applicant has not had more than one driver's
29 7 license, other than a military license.
29 8 (2) The applicant has not had any driver's license
29 9 suspended, revoked, or canceled.
29 10 (3) The applicant has not been convicted of an offense
29 11 committed while operating any type of motor vehicle that is
29 12 listed as a disqualifying offense in 49 C.F.R. {383.51(b).
29 13 (4) The applicant has not had more than one conviction for
29 14 an offense committed while operating any type of motor vehicle
29 15 that is listed as a serious traffic violation in 49 C.F.R.
29 16 {383.51(c).
29 17 (5) The applicant has not had a conviction for a violation
29 18 of a military, state, or local law relating to motor vehicle
29 19 traffic control, other than a parking violation, arising in
29 20 connection with any traffic accident and has no record of a
29 21 traffic accident in which the applicant was at fault.
29 22 b. An applicant for a waiver of the driving skills test
29 23 under this subsection shall certify and provide evidence as
29 24 required by the department that the following apply:
29 25 (1) The applicant is regularly employed or was regularly
29 26 employed within the last ninety days past year in a military
29 27 position requiring operation of a commercial motor vehicle.
29 28 (2) The applicant was exempt from commercial driver
29 29 licensing requirements pursuant to section 321.176A, subsection
29 30 3, or a comparable law of another state implementing 49 C.F.R.
29 31 {383.3(c).
29 32 (3) The applicant was operating a motor vehicle
29 33 representative of the class of motor vehicle the applicant
29 34 operates or expects to operate for at least two years
29 35 immediately preceding honorable separation from military
30 1 service as evidenced by the person's certificate of release or
30 2 discharge from active duty, commonly referred to as a DD214.
30 3 c. An applicant who obtains a driving skills test waiver
30 4 under this subsection shall take and successfully pass the
30 5 knowledge test required pursuant to subsection 1.
30 6 Sec. 52. Section 321.189, subsection 2, paragraph b, Code
30 7 2015, is amended to read as follows:
30 8 b. A commercial driver's license shall include the
30 9 licensee's address as required under federal regulations, and
30 10 the words "commercial driver's license" or "CDL" shall appear
30 11 prominently on the face of the license. A commercial learner's
30 12 permit shall include the permit holder's address as required
30 13 under federal regulations, and the words "commercial learner's
30 14 permit" or "CLP" with a statement that the permit is invalid
30 15 unless accompanied by the permit holder's underlying driver's
30 16 license shall appear prominently on the face of the permit. If
30 17 the applicant is a nonresident, the license must conspicuously
30 18 display the word "nonresident" "nondomiciled".
30 19 Sec. 53. Section 321.191, subsections 1, 4, 7, and 9, Code
30 20 2015, are amended to read as follows:
30 21 1. Instruction permits. The fee for an instruction
30 22 permit, other than a special instruction permit, chauffeur's
30 23 instruction permit, or commercial driver's instruction
30 24 learner's permit, is six dollars. The fee for a special
30 25 instruction permit is ten dollars. The fee for a chauffeur's
30 26 instruction permit or commercial driver's instruction learner's
30 27 permit is twelve dollars.
30 28 4. Commercial driver's licenses. The fee for a commercial
30 29 driver's license, other than an instruction a commercial
30 30 learner's permit, for the operation of a commercial motor
30 31 vehicle is eight dollars per year of license validity.
30 32 7. Endorsements and removal of air brake restrictions. The
30 33 fee for a double/triple trailer endorsement, tank vehicle
30 34 endorsement, and or hazardous materials endorsement is
30 35 five dollars for each endorsement. The fee for a passenger
31 1 endorsement or a school bus endorsement is ten dollars. The
31 2 fee for removal of an air brake, full air brake, manual
31 3 transmission, tractor=trailer, or passenger vehicle restriction
31 4 on a commercial driver's license or commercial learner's
31 5 permit is ten dollars. Fees imposed under this subsection
31 6 for endorsements or removal of restrictions are valid for the
31 7 period of the license. Upon renewal of a commercial driver's
31 8 license, no fee is payable for retaining endorsements or the
31 9 removal of the air brake a restriction for those endorsements
31 10 or restrictions which do not require the taking of either a
31 11 knowledge or a driving skills test for renewal.
31 12 9. Upgrading a license class privilege == fee adjustment.
31 13 a. If an applicant wishes to upgrade a license class
31 14 privilege, the fee charged shall be prorated on full=year
31 15 fee increments of the new license in accordance with rules
31 16 adopted by the department. The expiration date of the new
31 17 license shall be the expiration date of the currently held
31 18 driver's license. The fee for a commercial driver's license
31 19 endorsement, the removal of an air brake a restriction, or a
31 20 commercial driver's license instruction learner's permit shall
31 21 not be prorated.
31 22 b. As used in this subsection "to upgrade a license class
31 23 privilege" means to add any privilege to a valid driver's
31 24 license. The addition of a privilege includes converting
31 25 from a noncommercial to a commercial license, converting from
31 26 a noncommercial class C to a class D license, converting an
31 27 instruction or learner's permit to a class license, adding any
31 28 privilege to a section 321.189, subsection 7, license, adding
31 29 an instruction or learner's permit privilege, adding a section
31 30 321.189, subsection 7, license to an instruction or learner's
31 31 permit, and adding any privilege relating to a driver's license
31 32 issued to a minor under section 321.194 or 321.178.
31 33 Sec. 54. Section 321.196, subsections 1 and 4, Code 2015,
31 34 are amended to read as follows:
31 35 1. Except as otherwise provided, if the licensee is between
32 1 the ages of seventeen years eleven months and seventy=two years
32 2 on the date of issuance of the license, a driver's license,
32 3 other than an instruction permit, chauffeur's instruction
32 4 permit, or commercial driver's instruction learner's permit
32 5 issued under section 321.180, expires eight years from the
32 6 licensee's birthday anniversary occurring in the year of
32 7 issuance, but not to exceed the licensee's seventy=fourth
32 8 birthday. If the licensee is under the age of seventeen
32 9 years eleven months or age seventy=two or over, the license
32 10 is effective for a period of two years from the licensee's
32 11 birthday anniversary occurring in the year of issuance. A
32 12 licensee whose license is restricted due to vision or other
32 13 physical deficiencies may be required to renew the license
32 14 every two years. If a licensee is a foreign national who is
32 15 temporarily present in this state, the license shall be issued
32 16 only for the length of time the foreign national is authorized
32 17 to be present as verified by the department, not to exceed two
32 18 years.
32 19 4. The department in its discretion may authorize the
32 20 renewal of a valid driver's license other than a commercial
32 21 driver's license or commercial learner's permit upon
32 22 application without an examination provided that the applicant
32 23 meets one of the following conditions:
32 24 a. The applicant satisfactorily passes a vision test as
32 25 prescribed by the department.
32 26 b. The applicant files a vision report in accordance with
32 27 section 321.186A which shows that the applicant's visual acuity
32 28 level meets or exceeds those required by the department.
32 29 c. The applicant is eligible for license renewal
32 30 electronically, pursuant to rules adopted by the department.
32 31 An applicant shall not be eligible for electronic renewal of
32 32 a driver's license if the most recent previous renewal of the
32 33 applicant's driver's license occurred electronically.
32 34 Sec. 55. Section 321.201, subsection 2, Code 2015, is
32 35 amended to read as follows:
33 1 2. a. Upon cancellation of a commercial driver's license or
33 2 commercial learner's permit for providing false information or
33 3 committing fraud in the application, the applicant shall not
33 4 operate a commercial motor vehicle in this state and shall not
33 5 be issued a license valid to operate a commercial motor vehicle
33 6 for a period of sixty days.
33 7 b. The department shall disqualify the commercial driver's
33 8 license or commercial learner's permit of a person convicted or
33 9 suspected of fraud related to the testing for or issuance of
33 10 a commercial driver's license or commercial learner's permit.
33 11 The department shall adopt rules to administer this paragraph
33 12 that substantially comply with 49 C.F.R. {383.73(k).
33 13 Sec. 56. Section 321.204, subsection 2, Code 2015, is
33 14 amended to read as follows:
33 15 2. The department shall notify the commercial driver's
33 16 license information system and the commercial motor vehicle
33 17 administrator in the licensing state, if applicable, of the
33 18 disqualification of a commercial driver within ten days of any
33 19 of the following:
33 20 a. The disqualification of the commercial driver under
33 21 section 321.201 or section 321.208 if the disqualification is
33 22 for sixty days or more.
33 23 b. The suspension or revocation of a commercial driver's
33 24 license or commercial learner's permit if the suspension or
33 25 revocation is for sixty days or more.
33 26 c. The cancellation of a commercial driver's license or
33 27 commercial learner's permit.
33 28 Sec. 57. Section 321.206, Code 2015, is amended to read as
33 29 follows:
33 30 321.206 Surrender of license == duty of court.
33 31 If a person is convicted in court of an offense for which
33 32 this chapter requires mandatory revocation of the person's
33 33 driver's license or, if the person's license is a commercial
33 34 driver's license or commercial learner's permit and the
33 35 conviction disqualifies the person from operating a commercial
34 1 motor vehicle, the court shall require the person to surrender
34 2 the driver's license held by the person and the court shall
34 3 destroy the license or forward the license together with a
34 4 record of the conviction to the department as provided in
34 5 section 321.491.
34 6 Sec. 58. Section 321.207, Code 2015, is amended to read as
34 7 follows:
34 8 321.207 Downgrade of commercial driver's license or
34 9 commercial learner's permit.
34 10 The department shall adopt rules for downgrading a
34 11 commercial driver's license or commercial learner's permit to
34 12 a noncommercial status upon a driver's failure to provide a
34 13 medical examiner's certificate as required pursuant to section
34 14 321.188, subsection 1, paragraph "c", or upon a driver's failure
34 15 to provide a self=certification of type of driving as required
34 16 pursuant to section 321.188, subsection 1, paragraph "c". The
34 17 rules shall substantially comply with 49 C.F.R. {383.71 and
34 18 383.73, as adopted by rule by the department.
34 19 Sec. 59. Section 321.208, subsection 1, paragraph b, Code
34 20 2015, is amended to read as follows:
34 21 b. Operating a commercial motor vehicle when, as a result
34 22 of prior violations committed while operating a commercial
34 23 motor vehicle, the person's commercial driver's license or
34 24 commercial learner's permit is revoked, suspended, or canceled
34 25 or the person is disqualified from operating a commercial motor
34 26 vehicle.
34 27 Sec. 60. Section 321.208, subsection 2, unnumbered
34 28 paragraph 1, Code 2015, is amended to read as follows:
34 29 A person is disqualified from operating a commercial motor
34 30 vehicle for one year upon a conviction or final administrative
34 31 decision that the person has committed any of the following
34 32 acts or offenses in any state or foreign jurisdiction while
34 33 operating a commercial motor vehicle or while operating a
34 34 noncommercial motor vehicle and holding a commercial driver's
34 35 license or commercial learner's permit:
35 1 Sec. 61. Section 321.208, subsections 3, 5, and 6, Code
35 2 2015, are amended to read as follows:
35 3 3. A person is disqualified from operating a commercial
35 4 motor vehicle for three years if an act or offense described
35 5 in subsection 1 or 2 occurred while the person was operating
35 6 a commercial motor vehicle transporting hazardous material of
35 7 a type or quantity requiring vehicle placarding materials as
35 8 defined in 49 C.F.R. {383.5.
35 9 5. A person is disqualified from operating a commercial
35 10 motor vehicle for life upon a conviction that the person used a
35 11 commercial or noncommercial motor vehicle in the commission of
35 12 a felony or aggravated misdemeanor involving the manufacturing,
35 13 distributing, or dispensing of a controlled substance as
35 14 defined in section 124.101. A person is disqualified from
35 15 operating a commercial motor vehicle for life upon a conviction
35 16 that the person used a noncommercial motor vehicle in the
35 17 commission of a felony or aggravated misdemeanor involving the
35 18 manufacturing, distributing, or dispensing of a controlled
35 19 substance as defined in section 124.101 and held a commercial
35 20 driver's license or commercial learner's permit at the time the
35 21 offense was committed.
35 22 6. A person is disqualified from operating a commercial
35 23 motor vehicle if the person receives convictions for committing
35 24 within any three=year period two or more of the following
35 25 offenses while operating a commercial motor vehicle, or
35 26 while operating a noncommercial motor vehicle and holding a
35 27 commercial driver's license or commercial learner's permit
35 28 if the convictions result in the revocation, cancellation,
35 29 or suspension of the person's commercial driver's license,
35 30 commercial learner's permit, or noncommercial motor vehicle
35 31 driving privileges:
35 32 a. Operating a commercial motor vehicle upon a highway
35 33 when not issued a commercial driver's license or commercial
35 34 learner's permit.
35 35 b. Operating a commercial motor vehicle upon a highway when
36 1 not issued the proper class of commercial driver's license,
36 2 commercial learner's permit, or endorsements for the specific
36 3 vehicle group being operated or for the passengers or type of
36 4 cargo being transported.
36 5 c. Operating a commercial motor vehicle upon a highway
36 6 without immediate possession of a commercial driver's license
36 7 or commercial learner's permit valid for the vehicle operated.
36 8 d. Speeding fifteen miles per hour or more over the legal
36 9 speed limit.
36 10 e. Reckless driving.
36 11 f. Any violation of the traffic laws, except a parking
36 12 violation or a vehicle weight violation, which arises in
36 13 connection with a fatal traffic accident.
36 14 g. Following another motor vehicle too closely.
36 15 h. Improper lane changes in violation of section 321.306.
36 16 i. Violating a state or local law or ordinance on motor
36 17 vehicle traffic control prohibiting texting while driving a
36 18 commercial motor vehicle.
36 19 j. Violating a state or local law or ordinance on motor
36 20 vehicle traffic control restricting or prohibiting the use of
36 21 a hand=held mobile telephone while driving a commercial motor
36 22 vehicle.
36 23 Sec. 62. Section 321.208, subsection 9, paragraph b, Code
36 24 2015, is amended to read as follows:
36 25 b. For one year upon conviction for the first violation
36 26 and for not less than three years and not more than five years
36 27 upon conviction for a second or subsequent violation of an
36 28 out=of=service order while transporting hazardous materials
36 29 required to be placarded as defined in 49 C.F.R. {383.5,
36 30 or while operating a commercial motor vehicle designed to
36 31 transport more than fifteen passengers including the driver.
36 32 Sec. 63. Section 321.208, subsection 12, paragraph b, Code
36 33 2015, is amended to read as follows:
36 34 b. The effective date of disqualification shall be thirty
36 35 days after notification. Immediate notice of disqualification
37 1 may be served on a person operating a commercial motor vehicle
37 2 who refused to submit to a test or whose test results indicate
37 3 an alcohol concentration of 0.04 or more by the peace officer
37 4 administering the chemical test or, notwithstanding chapter
37 5 17A, the department may notify the person by first class
37 6 mail. If immediate notice is served, the peace officer shall
37 7 take the commercial driver's license or commercial learner's
37 8 permit of the driver, if issued within the state, and issue a
37 9 temporary commercial driver's license or commercial learner's
37 10 permit effective for only thirty days. The peace officer shall
37 11 immediately send the person's commercial driver's license or
37 12 commercial learner's permit to the department in addition to
37 13 the officer's certification required by this subsection.
37 14 Sec. 64. Section 321.208, subsection 13, Code 2015, is
37 15 amended to read as follows:
37 16 13. Upon notice, the disqualified person shall surrender
37 17 the person's commercial driver's license or commercial
37 18 learner's permit to the department and the department may issue
37 19 a driver's license valid only to operate a noncommercial motor
37 20 vehicle upon payment of a one dollar the fee for a replacement
37 21 driver's license under section 321.195. The department shall
37 22 notify the commercial driver's license information system
37 23 of the disqualification if required to do so under section
37 24 321.204.
37 25 Sec. 65. Section 321.208A, subsection 1, Code 2015, is
37 26 amended to read as follows:
37 27 1. A person required to hold a commercial driver's license
37 28 or commercial learner's permit to operate a commercial motor
37 29 vehicle shall not operate a commercial motor vehicle on the
37 30 highways of this state in violation of an out=of=service order
37 31 issued by a peace officer for a violation of the out=of=service
37 32 rules adopted by the department. A driver who violates an
37 33 out=of=service order commits a simple misdemeanor and shall
37 34 be subject to a fine of not less than two thousand five
37 35 hundred dollars upon conviction for the first violation of an
38 1 out=of=service order and not less than five thousand dollars
38 2 for a second or subsequent violation of an out=of=service order
38 3 in separate incidents within a ten=year period.
38 4 Sec. 66. Section 321.215, subsection 4, Code 2015, is
38 5 amended to read as follows:
38 6 4. The temporary restricted license is not valid to operate
38 7 a commercial motor vehicle if a commercial driver's license
38 8 or commercial learner's permit is required for the person's
38 9 operation of the commercial motor vehicle.
38 10 Sec. 67. Section 321.218, subsection 4, Code 2015, is
38 11 amended to read as follows:
38 12 4. A person who operates a commercial motor vehicle upon
38 13 the highways of this state when disqualified from operating the
38 14 commercial motor vehicle under section 321.208 or the imminent
38 15 hazard provisions of 49 C.F.R. {383.52 commits a serious
38 16 misdemeanor if a commercial driver's license or commercial
38 17 learner's permit is required for the person to operate the
38 18 commercial motor vehicle.
38 19 Sec. 68. Section 321J.1, subsection 7, Code 2015, is amended
38 20 to read as follows:
38 21 7. "Driver's license" means any license or permit issued
38 22 to a person to operate a motor vehicle on the highways of this
38 23 state, including but not limited to a driver's, commercial
38 24 driver's, temporary restricted, or temporary license and an
38 25 instruction, chauffeur's instruction, commercial driver's
38 26 instruction learner's, or temporary permit.
38 27 Sec. 69. Section 321J.8, subsection 1, paragraph c,
38 28 subparagraph (2), Code 2015, is amended to read as follows:
38 29 (2) If the person is operating a noncommercial motor
38 30 vehicle and holding a commercial driver's license or commercial
38 31 learner's permit as defined in section 321.1 and either refuses
38 32 to submit to the test or submits to the test and the results
38 33 indicate the presence of a controlled substance or other drug
38 34 or an alcohol concentration equal to or in excess of the level
38 35 prohibited by section 321J.2, the person is disqualified from
39 1 operating a commercial motor vehicle for the applicable period
39 2 under section 321.208 in addition to any revocation of the
39 3 person's driver's license or nonresident operating privilege
39 4 which may be applicable under this chapter.
39 5 Sec. 70. Section 321J.13, subsection 6, paragraph c, Code
39 6 2015, is amended to read as follows:
39 7 c. Such a holding by the court in the criminal action is
39 8 binding on the department, and the department shall rescind
39 9 the revocation. If the offense for which the revocation
39 10 was imposed was committed while the person was operating a
39 11 noncommercial motor vehicle and holding a commercial driver's
39 12 license or commercial learner's permit and the department
39 13 disqualified the person from operating a commercial motor
39 14 vehicle under section 321.208, subsection 2, paragraph "a" or
39 15 "b", as a result of the revocation, the department shall also
39 16 rescind the disqualification.
39 17 Sec. 71. Section 321J.20, subsection 5, Code 2015, is
39 18 amended to read as follows:
39 19 5. A person holding a temporary restricted license issued
39 20 by the department under this section shall not operate a
39 21 commercial motor vehicle on a highway if a commercial driver's
39 22 license or commercial learner's permit is required for the
39 23 person's operation of the commercial motor vehicle.
39 24 Sec. 72. Section 321M.1, subsections 1 and 5, Code 2015, are
39 25 amended to read as follows:
39 26 1. "Commercial driver's license" means a driver's license
39 27 valid for the operation of a commercial motor vehicle,
39 28 including a commercial learner's permit, as regulated by
39 29 chapter 321.
39 30 5. "Driver's license" means any license or permit issued
39 31 to a person to operate a motor vehicle on the highways of this
39 32 state, including but not limited to a driver's, commercial
39 33 driver's, temporary restricted, or temporary license and an
39 34 instruction, chauffeur's instruction, commercial driver's
39 35 instruction learner's, or temporary permit.
40 1 Sec. 73. EMERGENCY RULES. The department of transportation
40 2 may adopt rules on an emergency basis as provided in section
40 3 17A.4, subsection 3, and section 17A.5, subsection 2,
40 4 paragraph "b", to implement the provisions of this division
40 5 of this Act relating to the department's administration of
40 6 commercial learner's permits and commercial driver's licenses
40 7 in compliance with the procedures set forth in 49 C.F.R.
40 8 {383.73 pursuant to this division of this Act, and the rules
40 9 shall be effective immediately upon filing unless a later
40 10 date is specified in the rules. Any emergency rule adopted
40 11 in accordance with this section shall also be published as
40 12 a notice of intended action as provided in section 17A.4,
40 13 subsection 1.
40 14 Sec. 74. EFFECTIVE UPON ENACTMENT. The provisions of this
40 15 division of this Act relating to emergency rules, being deemed
40 16 of immediate importance, take effect upon enactment.
40 17 EXPLANATION
40 18 The inclusion of this explanation does not constitute agreement with
40 19 the explanation's substance by the members of the general assembly.
40 20 This bill relates to matters under the purview of the
40 21 department of transportation (DOT).
40 22 DIVISION I == AVIATION. Generally, state agencies may
40 23 not compete with private enterprise. Under current law, the
40 24 DOT may compete with private enterprise in aircraft pool
40 25 operations. The bill eliminates that exception.
40 26 Under current law, certain persons with a certificate
40 27 of registration for aircraft are required to display the
40 28 registration and present the registration to the DOT upon
40 29 request. The bill eliminates these requirements.
40 30 DIVISION II == TRANSPORTATION DEPARTMENT AND COMMISSION.
40 31 DEPARTMENT OF TRANSPORTATION. Code chapter 307, which
40 32 establishes the DOT, is amended and reorganized to reflect
40 33 the current structure and responsibilities of the department
40 34 and its divisions. Provisions which relate to the state
40 35 transportation commission are repealed from Code chapter
41 1 307 and moved to Code chapter 307A, which relates to the
41 2 commission.
41 3 The bill also repeals a Code section establishing the DOT's
41 4 responsibility to train construction inspectors to perform
41 5 several inspection functions and a Code section establishing
41 6 the DOT's authority to receive and apportion federal donations.
41 7 STATE TRANSPORTATION COMMISSION. Code chapter 307A,
41 8 which contains some of the duties of the state transportation
41 9 commission, is amended to include provisions establishing the
41 10 commission and providing for its organization and membership.
41 11 Provisions which relate to the duties performed by the DOT are
41 12 repealed from Code chapter 307A and moved to Code chapter 307.
41 13 DIVISION III == MOTOR VEHICLES. Current law provides that
41 14 travel trailers, including fifth=wheel travel trailers, shall
41 15 not exceed 40 feet. The bill increases this limitation to 45
41 16 feet.
41 17 The bill expands the provision governing the issuance of
41 18 regular registration plates rather than "official" registration
41 19 plates to certain persons exempt from registration fees to
41 20 include federal law enforcement officers.
41 21 The bill increases the fee for issuance of a replacement
41 22 driver's license which does not identify a person as "under 18"
41 23 or "under 21" upon attaining such age from $1 to $10.
41 24 The bill provides that a person whose driver's license was
41 25 suspended or revoked for certain motor vehicle violations and
41 26 was also suspended or revoked for operating=while=intoxicated
41 27 is eligible for a temporary restricted license if the person
41 28 meets the eligibility requirements of both provisions.
41 29 The bill provides that annual permits for vehicles of
41 30 excessive size may be issued for vehicles with divisible loads
41 31 of bagged livestock bedding. The bill also provides that motor
41 32 vehicle dealers may display, offer for sale, and negotiate
41 33 sales of motor vehicles at the Iowa state fair, if the state
41 34 fair is in the dealer's community.
41 35 The bill amends provisions relating to vehicle registrations
42 1 pursuant to registration reciprocity apportionment agreements.
42 2 The bill alters the late filing penalty for registration fees
42 3 imposed by the department from five percent of fees due to
42 4 all states to five percent of the fees due to the state of
42 5 Iowa. The bill also provides that late penalties calculated
42 6 by the department will remain due to the state until the fees
42 7 and penalties are received. The effective date of these fee
42 8 provisions is January 1, 2016.
42 9 DIVISION IV == RAIL TRANSPORTATION. The bill repeals
42 10 Code sections requiring headlights and windshields on track
42 11 power cars and the accompanying penalties, governing caboose
42 12 standards, requiring establishment and maintenance of freight
42 13 offices that are accessible to the public, requiring horns
42 14 on locomotives that must be sounded at road crossings and
42 15 the accompanying penalties, requiring roadbeds of railways
42 16 constructed near the Mississippi river to be constructed above
42 17 the high=water mark, establishing the DOT's jurisdiction
42 18 over all crossings at grade of railways within the state,
42 19 establishing the DOT's authority to require safety devices
42 20 at railroad crossings, junctions, and drawbridges, and
42 21 establishing the DOT's authority to carry out agreements for
42 22 railroad assistance entered into by the energy policy council
42 23 and railroads or other persons.
42 24 DIVISION V == COMMERCIAL LEARNER'S PERMITS. The bill
42 25 redefines commercial driver's license and defines commercial
42 26 learner's permit as the terms are defined in the United
42 27 States code of federal regulations. The bill alters weight
42 28 calculations for commercial motor vehicles and tank vehicles.
42 29 The bill also expands Code sections that refer to commercial
42 30 driver's licenses to also refer to commercial learner's
42 31 permits.
42 32 The bill requires the DOT to adopt rules to administer
42 33 commercial learner's permits in compliance with the procedures
42 34 set forth by federal law. The bill allows the DOT to adopt
42 35 such rules on an emergency basis, with such provision taking
43 1 effect upon enactment. The bill provides for qualifications
43 2 and requirements for holders of a commercial learner's permit,
43 3 including operation of the vehicle accompanied by a holder
43 4 of a commercial driver's license in certain circumstances.
43 5 The bill also provides that commercial learner's permits
43 6 are preconditions to the initial issuance or upgrade of a
43 7 commercial driver's license, permit holders are not eligible to
43 8 take driver's tests required for a commercial driver's license
43 9 for 14 days after issuance of the permit, and commercial
43 10 learner's permits are not valid for the operation of vehicles
43 11 transporting hazardous material.
43 12 The bill requires the DOT to adopt rules to administer
43 13 commercial driver's licenses in compliance with the procedures
43 14 set forth by federal law. The bill allows the DOT to adopt
43 15 such rules on an emergency basis, with such provision taking
43 16 effect upon enactment. The bill also allows the DOT to
43 17 administer rules requiring additional information, proofs, or
43 18 certifications in order to qualify for a commercial driver's
43 19 license.
43 20 Current law provides that the DOT may waive the requirement
43 21 of a driving skills test if the applicant has separated
43 22 from military service in the past 90 days, except where the
43 23 applicant has violated a state or local traffic law. The bill
43 24 extends the military separation limit to one year, and expands
43 25 the exception to include violations of military traffic laws.
43 26 The bill provides that the fee for removing full air brake,
43 27 manual transmission, tractor=trailer, or passenger vehicle
43 28 restrictions on a commercial driver's license or commercial
43 29 learner's permit is $10. The bill also requires the DOT to
43 30 disqualify the commercial driver's license or commercial
43 31 learner's permit of a person suspected or convicted of fraud
43 32 related to the testing for or issuance of the license or
43 33 permit, and to adopt rules governing such disqualification.
43 34 The bill provides that the term "hazardous materials" means
43 35 hazardous materials as the term is defined in the United States
44 1 code of federal regulations.
LSB 1339SV (4) 86
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