House File 635 - Reprinted
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 538)
(SUCCESSOR TO HSB 66)
(COMPANION TO SF 397
BY COMMITTEE ON
TRANSPORTATION)
(As Amended and Passed by the House April 15, 2015)
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:
HF 635 (5) 86
ns/nh/md
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 Section 328.38, Code 2015, is repealed.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 The department shall contract with a third party to act as
10 14 the department's designated agent for the administration of
10 15 a motor vehicle insurance database to verify compliance with
10 16 the requirements of chapter 321A for a period of four years.
10 17 The department shall adopt rules relating to the content of
10 18 the database, a notification schedule for violators of chapter
10 19 321A, and an administrative reinstatement fee of one hundred
10 20 dollars that is in addition to any other penalty imposed
10 21 by law. The department shall also adopt rules, including
10 22 penalties, requiring each insurer that issues a policy to an
10 23 owner of a motor vehicle registered or garaged in this state
10 24 that includes motor vehicle liability coverage, uninsured
10 25 motorist coverage, or underinsured motorist coverage to submit
10 26 on the seventh and twenty=first day of each calendar month
10 27 to the department's designated agent a record that includes
10 28 each insured's name, date of birth, driver's license number if
10 29 available, the make, model, year, and vehicle identification
10 30 number of each insured vehicle, and the policy number and
10 31 effective date of each policy.
10 32 6. Administer the regulation of motor vehicle franchisers
10 33 pursuant to chapter 322A.
10 34 7. Administer the regulation of motor carriers pursuant to
10 35 chapter chapters 325A, 326, and 327B.
11 1 8. Administer the registration of interstate authority
11 2 of motor carriers pursuant to chapter 327B as provided in 49
11 3 U.S.C. {14504a and United States department of transportation
11 4 regulations.
11 5 9. Administer chapters 321C, 321D, 321H, 321L, 321M, and
11 6 322C.
11 7 Sec. 13. Section 307.45, Code 2015, is amended to read as
11 8 follows:
11 9 307.45 State=owned lands == assessment.
11 10 1. Cities and counties may assess the cost of a public
11 11 improvement against the state when the improvement benefits
11 12 property owned by the state and under the jurisdiction
11 13 and control of the department's administrator of highways
11 14 department. The director shall pay from the primary road fund
11 15 the portion of the cost of the improvement which would be
11 16 legally assessable against the land if privately owned.
11 17 2. Assessments against property under the jurisdiction of
11 18 the department's administrator of highways department shall be
11 19 made in the same manner as those made against private property,
11 20 except that the city or county making the assessment shall
11 21 cause a copy of the public notice of hearing to be mailed to the
11 22 director by certified mail.
11 23 3. Assessments against property owned by the state and
11 24 not under the jurisdiction and control of the department's
11 25 administrator of highways department shall be made in the same
11 26 manner as those made against private property and payment shall
11 27 be subject to authorization by the executive council. There
11 28 is appropriated from moneys in the general fund not otherwise
11 29 appropriated an amount necessary to pay the expense authorized
11 30 by the executive council.
11 31 Sec. 14. Section 307.47, subsections 1 and 3, Code 2015, are
11 32 amended to read as follows:
11 33 1. The highway materials and equipment revolving fund
11 34 is created from moneys appropriated out of the primary road
11 35 fund. From this fund shall be paid all costs for materials
12 1 and supplies, inventoried stock supplies, maintenance and
12 2 operational costs of equipment, and equipment replacements
12 3 incurred in the operation of centralized purchasing under the
12 4 supervision of the department's administrator of highways
12 5 administrator responsible for highway programs and activities.
12 6 Direct salaries and expenses properly chargeable to direct
12 7 salaries shall be paid from the fund. For each month the
12 8 director administrator responsible for the operations and
12 9 finances of the department shall render a statement to each
12 10 highway unit under the supervision of the administrator
12 11 of highways for the actual cost of materials and supplies,
12 12 operational and maintenance costs of equipment, and equipment
12 13 depreciation used. The expense shall be paid by the
12 14 administrator of highways responsible for the operations
12 15 and finances of the department in the same manner as other
12 16 interdepartmental billings are paid and when the expense is
12 17 paid by the administrator of highways, the. The sum paid shall
12 18 be credited to the highway materials and equipment revolving
12 19 fund.
12 20 3. When the units under the supervision of the administrator
12 21 of highways share a highway unit shares equipment with other
12 22 another administrative units unit of the department, the
12 23 director shall prorate the costs of the equipment among the
12 24 administrative units using the equipment.
12 25 Sec. 15. REPEAL. Sections 307.3, 307.4, 307.5, 307.6,
12 26 307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2015,
12 27 are repealed.
12 28 STATE TRANSPORTATION COMMISSION
12 29 Sec. 16. NEW SECTION. 307A.1A Transportation commission.
12 30 1. There is created a state transportation commission which
12 31 shall consist of seven members, not more than four of whom
12 32 shall be from the same political party. The governor shall
12 33 appoint the members of the state transportation commission
12 34 for a term of four years beginning and ending as provided by
12 35 section 69.19, subject to confirmation by the senate.
13 1 2. The commission shall meet in May of each year for the
13 2 purpose of electing one of its members as chairperson.
13 3 Sec. 17. Section 307A.2, subsections 1 and 2, Code 2015,
13 4 are amended by striking the subsections and inserting in lieu
13 5 thereof the following:
13 6 1. Develop, coordinate, and annually update a comprehensive
13 7 transportation policy and plan for the state.
13 8 2. Promote the coordinated and efficient use of all
13 9 available modes of transportation for the benefit of the state
13 10 and its citizens including but not limited to the designation
13 11 and development of multimodal public transfer facilities if
13 12 carriers or other private businesses fail to develop such
13 13 facilities.
13 14 Sec. 18. Section 307A.2, subsections 3, 4, 5, 6, 7, 8, 9,
13 15 10, and 11, Code 2015, are amended by striking the subsections.
13 16 Sec. 19. Section 307A.2, subsection 12, Code 2015, is
13 17 amended to read as follows:
13 18 12. Prepare, adopt, and cause to be published a long=range
13 19 program for the primary road system, in conjunction with the
13 20 state transportation plan adopted by the commission. Such
13 21 program shall be prepared for a period of at least five years
13 22 and shall be revised, brought up=to=date, and republished at
13 23 least once every year in order to have a continuing five=year
13 24 program. The program shall include, insofar as such estimates
13 25 can be made, an estimate of the money expected to become
13 26 available during the period covered by the program and a
13 27 statement of the construction, maintenance, and other work
13 28 planned to be performed during such period. The commission
13 29 shall conduct periodic reinspections of the primary roads in
13 30 order to revise, from time to time, its estimates of future
13 31 needs to conform to the physical and service conditions
13 32 of the primary roads. The commission shall annually cause
13 33 to be published a sufficiency rating report showing the
13 34 relative conditions of the primary roads. Before the last
13 35 day of December of each year, the commission shall adopt and
14 1 cause to be published from its long=range program, a plan of
14 2 improvements to be accomplished during the next calendar year.
14 3 However, in years when the federal government is reauthorizing
14 4 federal highway funding, the commission shall not be required
14 5 to adopt and publish the annual plan of improvements to be
14 6 accomplished until at least ninety days from the enactment
14 7 of the new federal funding formula. This annual program
14 8 shall list definite projects in order of urgency and shall
14 9 include a reasonable year's work with the funds estimated to
14 10 be available. The annual program shall be final and followed
14 11 by the commission in the next year except that deviations may
14 12 be made in case of disaster or other unforeseen emergencies
14 13 or difficulties. The relative urgency of the proposed
14 14 improvements shall be determined by a consideration of the
14 15 physical condition, safety, and service characteristics of the
14 16 various primary roads.
14 17 Sec. 20. Section 307A.2, Code 2015, is amended by adding the
14 18 following new subsection:
14 19 NEW SUBSECTION. 15. Approve all rules prior to their
14 20 adoption by the director pursuant to section 307.12, subsection
14 21 1, paragraph "j".
14 22 Sec. 21. NEW SECTION. 307A.3 Conflict of interest.
14 23 A person shall not serve as a member of the commission if
14 24 the person has an interest in a contract or job of work or
14 25 material or the profits thereof or service to be performed
14 26 for the department. Any member of the commission who accepts
14 27 employment with or acquires any stock, bonds, or other
14 28 interest in any company or corporation doing business with the
14 29 department shall be disqualified from remaining a member of the
14 30 commission.
14 31 Sec. 22. NEW SECTION. 307A.4 Vacancies on commission.
14 32 Any vacancy in the membership of the commission shall
14 33 be filled in the same manner as regular appointments are
14 34 made for the unexpired portion of the regular term. In the
14 35 event the governor fails to make an appointment to fill a
15 1 vacancy or fails to submit the appointment to the senate for
15 2 confirmation as required by section 2.32, the senate may make
15 3 the appointment prior to adjournment of the general assembly.
15 4 Sec. 23. NEW SECTION. 307A.5 Compensation == commission
15 5 members.
15 6 Each member of the commission shall be compensated as
15 7 provided in section 7E.6.
15 8 Sec. 24. NEW SECTION. 307A.6 Commission meetings.
15 9 The commission shall meet at the call of the chairperson or
15 10 when any four members of the commission file a written request
15 11 with the chairperson for a meeting. Written notice of the
15 12 time and place of each meeting shall be given to each member
15 13 of the commission. A majority of the commission members shall
15 14 constitute a quorum.
15 15 Sec. 25. NEW SECTION. 307A.7 Expenses.
15 16 Members of the commission shall be allowed their actual and
15 17 necessary expenses incurred in the performance of their duties.
15 18 All expenses and salaries shall be paid from appropriations for
15 19 such purposes and the commission shall be subject to the budget
15 20 requirements of chapter 8.
15 21 Sec. 26. NEW SECTION. 307A.8 Removal from office.
15 22 Any member of the commission may be removed for any of
15 23 the causes and in the manner provided in chapter 66 and such
15 24 removal shall not be in lieu of any other punishment that may
15 25 be prescribed by the laws of this state.
15 26 CONFORMING AMENDMENTS
15 27 Sec. 27. Section 173.16, unnumbered paragraph 1, Code 2015,
15 28 is amended to read as follows:
15 29 All expenses incurred in maintaining the state fairgrounds
15 30 and in conducting the annual fair on it the state fairgrounds,
15 31 including the compensation and expenses of the officers,
15 32 members, and employees of the board, shall be recorded by the
15 33 secretary and paid from the state fair receipts, unless a
15 34 specific appropriation has been provided for that purpose. The
15 35 board may request special capital improvement appropriations
16 1 from the state and may request emergency funding from the
16 2 executive council for natural disasters. The board may request
16 3 that the department of transportation provide maintenance in
16 4 accordance with section 307A.2 307.24, subsection 11 5.
16 5 Sec. 28. Section 312.2, subsection 2, unnumbered paragraph
16 6 1, Code 2015, is amended to read as follows:
16 7 The treasurer of state shall before making the allotments
16 8 in subsection 1 credit annually to the highway grade crossing
16 9 safety fund the sum of seven hundred thousand dollars, credit
16 10 annually from the road use tax fund the sum of nine hundred
16 11 thousand dollars to the highway railroad grade crossing surface
16 12 repair fund, credit monthly to the primary road fund the
16 13 dollars yielded from an allotment of sixty=five hundredths of
16 14 one percent of all road use tax funds for the express purpose
16 15 of carrying out section 307A.2 307.24, subsection 11 5, section
16 16 313.4, subsection 2, and section 307.45, and credit annually
16 17 to the primary road fund the sum of five hundred thousand
16 18 dollars to be used for paying expenses incurred by the state
16 19 department of transportation other than expenses incurred for
16 20 extensions of primary roads in cities. All unobligated funds
16 21 provided by this subsection, except those funds credited to the
16 22 highway grade crossing safety fund, shall at the end of each
16 23 year revert to the road use tax fund. Funds in the highway
16 24 grade crossing safety fund shall not revert to the road use tax
16 25 fund except to the extent they exceed five hundred thousand
16 26 dollars at the end of any biennium. The cost of each highway
16 27 railroad grade crossing repair project shall be allocated in
16 28 the following manner:
16 29 Sec. 29. Section 312.4, subsection 5, Code 2015, is amended
16 30 to read as follows:
16 31 5. The amount of the road use tax fund which has been
16 32 credited to carry out the provisions of section 307A.2 307.24,
16 33 subsection 11 5, section 313.4, subsection 2, and section
16 34 307.45.
16 35 Sec. 30. Section 313.4, subsection 2, Code 2015, is amended
17 1 to read as follows:
17 2 2. Such fund is also appropriated and shall be used for the
17 3 construction, reconstruction, improvement and maintenance of
17 4 state institutional roads and state park roads and bridges on
17 5 such roads and roads and bridges on community college property
17 6 as provided in section 307A.2 307.24, subsection 11 5, for
17 7 restoration of secondary roads used as primary road detours and
17 8 for compensation of counties for such use, for restoration of
17 9 municipal streets so used and for compensation of cities for
17 10 such use, and for the payments required in section 307.45.
17 11 DIVISION III
17 12 MOTOR VEHICLES
17 13 Sec. 31. Section 321.1, subsection 36C, paragraphs b and c,
17 14 Code 2015, are amended to read as follows:
17 15 b. "Travel trailer" means a vehicle without motive power
17 16 used, manufactured, or constructed to permit its use as a
17 17 conveyance upon the public streets and highways and designed
17 18 to permit its use as a place of human habitation by one or more
17 19 persons. The vehicle may be up to eight feet six inches in
17 20 width and its overall length shall not exceed forty forty=five
17 21 feet. The vehicle shall be customarily or ordinarily used for
17 22 vacation or recreational purposes and not used as a place of
17 23 permanent habitation. If the vehicle is used in this state as
17 24 a place of human habitation for more than ninety consecutive
17 25 days in one location it shall be classed as a manufactured or
17 26 mobile home regardless of the size limitations provided in this
17 27 paragraph.
17 28 c. "Fifth=wheel travel trailer" means a type of travel
17 29 trailer which is towed by a pickup by a connecting device known
17 30 as a fifth wheel. However, this type of travel trailer may
17 31 have an overall length which shall not exceed forty forty=five
17 32 feet.
17 33 Sec. 32. Section 321.19, subsection 1, unnumbered paragraph
17 34 2, Code 2015, is amended to read as follows:
17 35 The department shall furnish, on application, free of
18 1 charge, distinguishing plates for vehicles thus exempted,
18 2 which plates except plates on state patrol vehicles shall bear
18 3 the word "official" and the department shall keep a separate
18 4 record. Registration plates issued for state patrol vehicles,
18 5 except unmarked patrol vehicles, shall bear two red stars
18 6 on a yellow background, one before and one following the
18 7 registration number on the plate, which registration number
18 8 shall be the officer's badge number. Registration plates
18 9 issued for county sheriff's patrol vehicles shall display one
18 10 seven=pointed gold star followed by the letter "S" and the call
18 11 number of the vehicle. However, the director of the department
18 12 of administrative services or the director of transportation
18 13 may order the issuance of regular registration plates for
18 14 any exempted vehicle used by peace officers or federal law
18 15 enforcement officers in the enforcement of the law, persons
18 16 enforcing chapter 124 and other laws relating to controlled
18 17 substances, persons in the department of justice, the alcoholic
18 18 beverages division of the department of commerce, disease
18 19 investigators of the Iowa department of public health, the
18 20 department of inspections and appeals, and the department of
18 21 revenue, who are regularly assigned to conduct investigations
18 22 which cannot reasonably be conducted with a vehicle displaying
18 23 "official" state registration plates, persons who are
18 24 federal agents or officers regularly assigned to conduct
18 25 investigations which cannot reasonably be conducted with a
18 26 vehicle displaying "official" registration plates, persons in
18 27 the Iowa lottery authority whose regularly assigned duties
18 28 relating to security or the carrying of lottery tickets cannot
18 29 reasonably be conducted with a vehicle displaying "official"
18 30 registration plates, persons in the economic development
18 31 authority who are regularly assigned duties relating to
18 32 existing industry expansion or business attraction, and mental
18 33 health professionals or health care professionals who provide
18 34 off=site or in=home medical or mental health services to
18 35 clients of publicly funded programs. For purposes of sale of
19 1 exempted vehicles, the exempted governmental body, upon the
19 2 sale of the exempted vehicle, may issue for in=transit purposes
19 3 a pasteboard card bearing the words "Vehicle in Transit", the
19 4 name of the official body from which the vehicle was purchased,
19 5 together with the date of the purchase plainly marked in at
19 6 least one=inch letters, and other information required by the
19 7 department. The in=transit card is valid for use only within
19 8 forty=eight hours after the purchase date as indicated on the
19 9 bill of sale which shall be carried by the driver.
19 10 Sec. 33. Section 321.189, subsection 6, Code 2015, is
19 11 amended to read as follows:
19 12 6. Licenses issued to persons under age twenty=one. A
19 13 driver's license issued to a person under eighteen years of
19 14 age shall contain the same information as any other driver's
19 15 license except that the words "under eighteen" shall appear
19 16 prominently on the face of the license. A driver's license
19 17 issued to a person eighteen years of age or older but less than
19 18 twenty=one years of age shall contain the same information
19 19 as any other driver's license except that the words "under
19 20 twenty=one" shall appear prominently on the face of the
19 21 license. Upon attaining the age of eighteen or upon attaining
19 22 the age of twenty=one, and upon payment of a one ten dollar
19 23 fee, the person shall be entitled to a new driver's license
19 24 or nonoperator's identification card for the unexpired months
19 25 of the driver's license or card. An instruction permit or
19 26 intermediate license issued under section 321.180B, subsection
19 27 1 or 2, shall include a distinctive color bar. An intermediate
19 28 license issued under section 321.180B, subsection 2, shall
19 29 include the words "intermediate license" printed prominently on
19 30 the face of the license.
19 31 Sec. 34. Section 321.215, Code 2015, is amended by adding
19 32 the following new subsection:
19 33 NEW SUBSECTION. 5. Notwithstanding any provision of
19 34 this chapter to the contrary, the department may issue a
19 35 temporary restricted license to a person eligible for a
20 1 temporary restricted license under this section if the person
20 2 is also eligible for a temporary restricted license under
20 3 section 321J.20, provided the requirements of each section are
20 4 satisfied.
20 5 Sec. 35. Section 321E.29, subsection 2, unnumbered
20 6 paragraph 1, Code 2015, is amended to read as follows:
20 7 Annual permits may be issued for vehicles with divisible
20 8 loads of hay, straw, or stover, or bagged livestock bedding
20 9 without a finding of special or emergency situations if the
20 10 movement meets the requirements of this chapter, provided the
20 11 following limits are not exceeded:
20 12 Sec. 36. Section 321J.20, Code 2015, is amended by adding
20 13 the following new subsection:
20 14 NEW SUBSECTION. 9. Notwithstanding any provision of
20 15 this chapter to the contrary, the department may issue a
20 16 temporary restricted license to a person eligible for a
20 17 temporary restricted license under this section if the person
20 18 is also eligible for a temporary restricted license under
20 19 section 321.215, provided the requirements of each section are
20 20 satisfied.
20 21 Sec. 37. Section 321L.2, subsection 3, paragraph b,
20 22 subparagraph (1), Code 2015, is amended to read as follows:
20 23 (1) A statement printed on it as follows: "Unauthorized
20 24 use of this placard as indicated in Iowa Code chapter 321L may
20 25 result in a fine, invalidation of the placard, or revocation of
20 26 the right to use the placard. This placard shall be displayed
20 27 only when the vehicle is parked in a persons with disabilities
20 28 parking space or in a parking space not designated as a persons
20 29 with disabilities parking space if a wheelchair parking cone
20 30 is used pursuant to Iowa Code section 321L.2A." "Remove from
20 31 mirror before operating vehicle."
20 32 Sec. 38. Section 322.5, subsection 2, paragraph a,
20 33 subparagraph (2), Code 2015, is amended to read as follows:
20 34 (2) Display, offer for sale, and negotiate sales of new
20 35 motor vehicles at fair events, as defined in chapter 174, the
21 1 state fair, as discussed in chapter 173, vehicle shows, and
21 2 vehicle exhibitions, upon application for and receipt of a
21 3 temporary permit issued by the department. Such activities
21 4 may only be conducted at a fair events event, the state fair,
21 5 a vehicle shows show, and or a vehicle exhibitions that are
21 6 exhibition, if the fair event, state fair, vehicle show, or
21 7 vehicle exhibition is held in the motor vehicle dealer's
21 8 community, as defined in section 322A.1, for the vehicles
21 9 that are displayed and offered for sale. A sale of a motor
21 10 vehicle by a motor vehicle dealer shall not be completed and an
21 11 agreement for the sale of a motor vehicle shall not be signed
21 12 at a fair event, the state fair, a vehicle show, or a vehicle
21 13 exhibition. All such sales shall be consummated at the motor
21 14 vehicle dealer's principal place of business.
21 15 Sec. 39. Section 322C.2, subsection 10, Code 2015, is
21 16 amended to read as follows:
21 17 10. "Travel trailer" means a vehicle without motive power
21 18 used or so manufactured or constructed as to permit its being
21 19 used as a conveyance upon the public streets and highways and
21 20 designed to permit the vehicle to be used as a place of human
21 21 habitation by one or more persons. The vehicle may be up to
21 22 eight feet six inches in width and its overall length shall
21 23 not exceed forty forty=five feet. "Travel trailer" does not
21 24 include a vehicle that is so designed as to permit it to be
21 25 towed exclusively by a motorcycle.
21 26 Sec. 40. Section 326.14, subsection 3, Code 2015, is amended
21 27 to read as follows:
21 28 3. An application for renewal of registration shall
21 29 be postmarked or received in the office of motor carrier
21 30 services of the department no later than the last day of the
21 31 registration expiration month. A five percent late filing
21 32 penalty equal to five percent of the fees due to the state of
21 33 Iowa shall be assessed to an application for renewal postmarked
21 34 or received on or after the first day following the last day
21 35 of the registration expiration month, with an additional five
22 1 percent penalty assessed the first of each month thereafter
22 2 until the application is filed. The enforcement deadline
22 3 for failure to display a registration plate and registration
22 4 is 12:01 a.m. of the first day following the last day of the
22 5 registration expiration month.
22 6 Sec. 41. Section 326.16, subsections 2 and 3, Code 2015, are
22 7 amended to read as follows:
22 8 2. A five percent late payment penalty equal to five percent
22 9 of the fees due to the state of Iowa shall be assessed if an
22 10 invoice is not paid within thirty days of the invoice date,
22 11 with an additional five percent penalty assessed the first of
22 12 each month thereafter until all fees and penalties are paid.
22 13 In addition, the fees due for registration in this state shall
22 14 be a debt due to the state of Iowa.
22 15 3. Failure to receive a renewal notice or an invoice by
22 16 mail, facsimile transmission, or any other means of delivery
22 17 does not relieve the registrant of the financial responsibility
22 18 for the renewal fees, invoiced amount, or accrued penalties.
22 19 Late penalties calculated by the department in accordance with
22 20 this chapter shall remain due to the state of Iowa until the
22 21 fees and penalties are received.
22 22 Sec. 42. EFFECTIVE DATE. The following provisions of this
22 23 division of this Act take effect January 1, 2016:
22 24 1. The section of this Act amending section 326.14.
22 25 2. The section of this Act amending section 326.16.
22 26 DIVISION IV
22 27 RAIL TRANSPORTATION
22 28 Sec. 43. REPEAL. Sections 327F.14, 327F.18, 327F.19,
22 29 327F.20, 327F.26, 327F.34, 327F.35, 327G.13, 327G.14, 327G.22,
22 30 327G.23, 327G.28, and 327H.25, Code 2015, are repealed.
22 31 DIVISION V
22 32 COMMERCIAL LEARNER'S PERMITS
22 33 Sec. 44. Section 321.1, subsections 11 and 20A, Code 2015,
22 34 are amended to read as follows:
22 35 11. For purposes of administering and enforcing the
23 1 commercial driver's license provisions:
23 2 a. "Commercial driver" means the operator of a commercial
23 3 motor vehicle.
23 4 b. "Commercial driver's license" means a driver's license
23 5 valid for the operation of a commercial motor vehicle
23 6 commercial driver's license as defined in 49 C.F.R. {383.5.
23 7 c. "Commercial driver's license information system" means
23 8 the national information system established to serve as a
23 9 clearinghouse for locating information related to the licensing
23 10 and identification of commercial motor vehicle drivers.
23 11 d. "Commercial learner's permit" means commercial learner's
23 12 permit as defined in 49 C.F.R. {383.5.
23 13 d. e. "Commercial motor carrier" means a person responsible
23 14 for the safe operation of a commercial motor vehicle.
23 15 e. f. "Commercial motor vehicle" means a motor vehicle
23 16 or combination of vehicles used to transport passengers or
23 17 property if any of the following apply:
23 18 (1) The combination of vehicles has a gross combination
23 19 weight rating or gross combination weight, whichever is
23 20 greater, of twenty=six thousand one or more pounds provided
23 21 the, including a towed vehicle or vehicles have having a gross
23 22 weight rating or gross combination vehicle weight rating,
23 23 whichever is greater, of ten thousand one or more pounds.
23 24 (2) The motor vehicle has a gross vehicle weight rating
23 25 or gross vehicle weight, whichever is greater, of twenty=six
23 26 thousand one or more pounds.
23 27 (3) The motor vehicle is designed to transport sixteen
23 28 or more persons, including the operator, or is of a size and
23 29 design to transport sixteen or more persons, including the
23 30 operator, but is redesigned or modified to transport less than
23 31 sixteen persons with disabilities.
23 32 (4) The motor vehicle is used in the transportation of
23 33 hazardous material of a type or quantity requiring vehicle
23 34 placarding.
23 35 f. g. "Employer" means any person, including the United
24 1 States, a state, the District of Columbia, or a political
24 2 subdivision of a state, who owns or leases a commercial motor
24 3 vehicle or assigns an employee to operate such a vehicle.
24 4 g. h. "Foreign jurisdiction" means a jurisdiction outside
24 5 the fifty United States, and the District of Columbia, and
24 6 Canada.
24 7 h. i. "Nonresident commercial driver's license" means a
24 8 commercial driver's license issued to a person who is not
24 9 a resident of the United States or Canada domiciled in a
24 10 foreign jurisdiction meeting the requirements of 49 C.F.R.
24 11 {383.23(b)(1), or to a person domiciled in another state
24 12 meeting the requirements of 49 C.F.R. {383.23(b)(2).
24 13 j. "Nonresident commercial learner's permit" means a
24 14 commercial learner's permit issued to a person domiciled in
24 15 a foreign jurisdiction meeting the requirements of 49 C.F.R.
24 16 {383.23(b)(1), or to a person domiciled in another state
24 17 meeting the requirements of 49 C.F.R. {383.23(b)(2).
24 18 i. k. "Tank vehicle" means a commercial motor vehicle
24 19 that is designed to transport any liquid or gaseous materials
24 20 within a tank or tanks having an individual rated capacity
24 21 of more than one hundred nineteen gallons and an aggregate
24 22 rated capacity of one thousand gallons or more that is either
24 23 permanently or temporarily attached to the vehicle or chassis.
24 24 For purposes of this paragraph, "tank" does not include a
24 25 portable tank with a rated capacity of less than one thousand
24 26 gallons or a permanent tank with a rated capacity of one
24 27 hundred nineteen gallons or less. A commercial motor vehicle
24 28 transporting an empty storage container tank not designed for
24 29 transportation with a rated capacity of one thousand gallons
24 30 or more that is temporarily attached to a flatbed trailer is
24 31 not considered a tank vehicle.
24 32 20A. "Driver's license" means any license or permit issued
24 33 to a person to operate a motor vehicle on the highways of this
24 34 state, including but not limited to a temporary restricted or
24 35 temporary license and an instruction, chauffeur's instruction,
25 1 commercial driver's instruction learner's permit, or temporary
25 2 permit. For purposes of license suspension, revocation, bar,
25 3 disqualification, cancellation, or denial under this chapter
25 4 and chapters 321A, 321C, and 321J, "driver's license" includes
25 5 any privilege to operate a motor vehicle.
25 6 Sec. 45. Section 321.12, subsection 2, Code 2015, is amended
25 7 to read as follows:
25 8 2. Operating records relating to a person who has been
25 9 issued a commercial driver's license or commercial learner's
25 10 permit shall be maintained on file in accordance with rules
25 11 adopted by the department.
25 12 Sec. 46. Section 321.56, subsection 3, Code 2015, is amended
25 13 to read as follows:
25 14 3. For purposes of this section, "commercial motor vehicle"
25 15 means as defined in section 321.1, subsection 11, paragraph "e"
25 16 "f", subparagraph (2).
25 17 Sec. 47. Section 321.174, subsections 2 and 3, Code 2015,
25 18 are amended to read as follows:
25 19 2. a. A person operating a commercial motor vehicle shall
25 20 not have more than one driver's license. A nonresident may
25 21 operate a commercial motor vehicle in Iowa if the nonresident
25 22 has been issued a license by another state, a nonresident
25 23 commercial driver's license or nonresident commercial learner's
25 24 permit, or a driver's license issued by a foreign jurisdiction
25 25 which the federal highway administration has determined to be
25 26 issued in conformity with the federal commercial driver testing
25 27 and licensing standards, if the license, commercial driver's
25 28 license, commercial learner's permit, or driver's license is
25 29 valid for the vehicle operated.
25 30 b. A person who operates a commercial motor vehicle upon the
25 31 highways of this state without having been issued a driver's
25 32 license valid for the vehicle operated commits a simple
25 33 misdemeanor.
25 34 c. A person who operates a commercial motor vehicle upon the
25 35 highways of this state after the person's commercial driver's
26 1 license or commercial learner's permit has been downgraded to
26 2 a noncommercial status pursuant to section 321.207 commits a
26 3 simple misdemeanor.
26 4 3. A licensee shall have the licensee's driver's license
26 5 in immediate possession at all times when operating a motor
26 6 vehicle and shall display the same upon demand of a judicial
26 7 magistrate, district associate judge, district judge, peace
26 8 officer, or examiner of the department. If the licensee has
26 9 been issued a commercial learner's permit, the licensee's
26 10 driver's license includes both the licensee's commercial
26 11 learner's permit and the licensee's underlying commercial or
26 12 noncommercial driver's license. However, a person charged
26 13 with violating this subsection shall not be convicted and the
26 14 citation shall be dismissed by the court if the person produces
26 15 to the clerk of the district court, prior to the licensee's
26 16 court date indicated on the citation, a driver's license issued
26 17 to that person and valid for the vehicle operated at the time
26 18 of the person's arrest or at the time the person was charged
26 19 with a violation of this section. Upon dismissal, the court or
26 20 clerk of court shall assess the costs of the action against the
26 21 defendant named on the citation.
26 22 Sec. 48. Section 321.177, subsection 8, Code 2015, is
26 23 amended to read as follows:
26 24 8. To any person to operate a commercial motor vehicle
26 25 unless the person is eighteen years of age or older and the
26 26 person qualifies under federal and state law to be issued a
26 27 commercial driver's license or commercial learner's permit in
26 28 this state.
26 29 Sec. 49. Section 321.180, subsection 2, Code 2015, is
26 30 amended by striking the subsection and inserting in lieu
26 31 thereof the following:
26 32 2. a. The department shall adopt rules to administer
26 33 commercial learner's permits in compliance with the procedures
26 34 set forth in 49 C.F.R. {383.73. An applicant for a commercial
26 35 learner's permit must hold a valid class A, B, C, or D driver's
27 1 license issued in this state, must be at least eighteen years
27 2 of age, and must meet the qualifications to obtain a valid
27 3 commercial driver's license, including the requirements set
27 4 forth in section 321.188, except for the required driving
27 5 skills test.
27 6 b. A commercial learner's permit shall be a separate
27 7 document from a commercial or noncommercial driver's license.
27 8 A person operating a vehicle pursuant to a commercial learner's
27 9 permit shall have both the commercial learner's permit and the
27 10 commercial or noncommercial driver's license issued to the
27 11 person within the person's possession.
27 12 c. A commercial learner's permit shall be valid for a period
27 13 not to exceed one hundred eighty days. A commercial learner's
27 14 permit may be renewed for an additional one hundred eighty days
27 15 without retaking the general and endorsement knowledge tests
27 16 required by section 321.188.
27 17 d. A commercial learner's permit shall be valid for the
27 18 operation of a commercial motor vehicle only when the permit
27 19 holder is accompanied by a holder of a valid commercial
27 20 driver's license with the proper commercial driver's license
27 21 group designation and endorsements necessary to operate the
27 22 commercial motor vehicle, and who is at all times physically
27 23 present in the front passenger seat of the vehicle, or in the
27 24 case of a passenger vehicle, directly behind or in the first
27 25 row behind the permit holder in a position to directly observe
27 26 and supervise the permit holder.
27 27 (1) When a commercial learner's permit is issued to the
27 28 holder of a commercial driver's license, this paragraph "d"
27 29 only applies to the operation of a commercial motor vehicle for
27 30 which the permit holder's commercial driver's license is not
27 31 valid.
27 32 (2) When a commercial learner's permit is issued to the
27 33 holder of a noncommercial driver's license, this paragraph "d"
27 34 only applies to the operation of a commercial motor vehicle.
27 35 e. The issuance of a commercial learner's permit is a
28 1 precondition to the initial issuance of a commercial driver's
28 2 license. The issuance of a commercial learner's permit is also
28 3 a precondition to the upgrade of a commercial driver's license
28 4 if the upgrade requires a driving skills test. The holder of a
28 5 commercial learner's permit is not eligible to take a driving
28 6 skills test required by section 321.188 for the first fourteen
28 7 days after the permit holder is issued the permit.
28 8 f. A commercial learner's permit is not valid for the
28 9 operation of a vehicle transporting hazardous materials as
28 10 defined in 49 C.F.R. {383.5.
28 11 Sec. 50. Section 321.180, subsection 4, Code 2015, is
28 12 amended to read as follows:
28 13 4. The instruction permit, chauffeur's instruction permit,
28 14 and commercial driver's instruction learner's permit are
28 15 subject to suspension or revocation for the same reasons and
28 16 in the same manner as suspension or revocation of a driver's
28 17 license.
28 18 Sec. 51. Section 321.182, subsection 3, Code 2015, is
28 19 amended to read as follows:
28 20 3. Certify that the applicant has no other driver's license
28 21 and certify that the applicant is a resident of this state
28 22 as provided in section 321.1A. However, certification of
28 23 residency is not required for an applicant for a nonresident
28 24 commercial driver's license who is a foreign national
28 25 temporarily present in this state, as determined by the
28 26 department or nonresident commercial learner's permit.
28 27 Sec. 52. Section 321.188, subsections 1 and 6, Code 2015,
28 28 are amended to read as follows:
28 29 1. The department shall adopt rules to administer
28 30 commercial driver's licenses in compliance with the procedures
28 31 set forth in 49 C.F.R. {383.73. Before the department issues,
28 32 renews, or upgrades a commercial driver's license and in
28 33 addition to the requirements of section 321.182, the license
28 34 applicant shall do all of the following:
28 35 a. Certify whether the applicant is subject to and meets
29 1 applicable driver qualifications of 49 C.F.R. pt. 391 as
29 2 adopted by rule by the department.
29 3 b. Certify the applicant is not subject to any commercial
29 4 driver's license disqualification and has committed no
29 5 offense and has not acted in a manner which either alone or
29 6 with previous actions or offenses could result in commercial
29 7 driver's license disqualification.
29 8 c. Successfully pass knowledge tests and driving skills
29 9 tests, provide self=certification of type of driving, and
29 10 provide a medical examiner's certificate prepared by a medical
29 11 examiner, as defined in 49 C.F.R. {390.5, and provide all other
29 12 required information, proofs, and certificates, as required by
29 13 rule by the department. The rules adopted shall substantially
29 14 comply with the federal minimum testing and licensing
29 15 requirements in 49 C.F.R. pt. 383, subpts. E, G, and H, as
29 16 adopted by rule by the department. Except as required under
29 17 49 C.F.R. pt. 383, subpt. E, G, or H, a commercial driver's
29 18 license is renewable without a driving skills test within one
29 19 year after its expiration date.
29 20 d. Certify the vehicle to be operated in the driving skills
29 21 tests represents the largest class of vehicle is representative
29 22 of the class of motor vehicle the applicant will operate on the
29 23 highway.
29 24 e. Certify that the applicant is a resident of Iowa or a
29 25 resident of a foreign jurisdiction.
29 26 f. Identify all states where the applicant has been licensed
29 27 to drive any type of motor vehicle during the previous ten
29 28 years.
29 29 6. a. The department may waive the requirement that an
29 30 applicant pass a driving skills test specified in this section
29 31 for an applicant who is on active duty in the military service,
29 32 or who has separated from such service in the last ninety
29 33 days past year, who certifies that during the two=year period
29 34 immediately preceding application for a commercial driver's
29 35 license, all of the following apply:
30 1 (1) The applicant has not had more than one driver's
30 2 license, other than a military license.
30 3 (2) The applicant has not had any driver's license
30 4 suspended, revoked, or canceled.
30 5 (3) The applicant has not been convicted of an offense
30 6 committed while operating any type of motor vehicle that is
30 7 listed as a disqualifying offense in 49 C.F.R. {383.51(b).
30 8 (4) The applicant has not had more than one conviction for
30 9 an offense committed while operating any type of motor vehicle
30 10 that is listed as a serious traffic violation in 49 C.F.R.
30 11 {383.51(c).
30 12 (5) The applicant has not had a conviction for a violation
30 13 of a military, state, or local law relating to motor vehicle
30 14 traffic control, other than a parking violation, arising in
30 15 connection with any traffic accident and has no record of a
30 16 traffic accident in which the applicant was at fault.
30 17 b. An applicant for a waiver of the driving skills test
30 18 under this subsection shall certify and provide evidence as
30 19 required by the department that the following apply:
30 20 (1) The applicant is regularly employed or was regularly
30 21 employed within the last ninety days past year in a military
30 22 position requiring operation of a commercial motor vehicle.
30 23 (2) The applicant was exempt from commercial driver
30 24 licensing requirements pursuant to section 321.176A, subsection
30 25 3, or a comparable law of another state implementing 49 C.F.R.
30 26 {383.3(c).
30 27 (3) The applicant was operating a motor vehicle
30 28 representative of the class of motor vehicle the applicant
30 29 operates or expects to operate for at least two years
30 30 immediately preceding honorable separation from military
30 31 service as evidenced by the person's certificate of release or
30 32 discharge from active duty, commonly referred to as a DD214.
30 33 c. An applicant who obtains a driving skills test waiver
30 34 under this subsection shall take and successfully pass the
30 35 knowledge test required pursuant to subsection 1.
31 1 Sec. 53. Section 321.189, subsection 2, paragraph b, Code
31 2 2015, is amended to read as follows:
31 3 b. A commercial driver's license shall include the
31 4 licensee's address as required under federal regulations, and
31 5 the words "commercial driver's license" or "CDL" shall appear
31 6 prominently on the face of the license. A commercial learner's
31 7 permit shall include the permit holder's address as required
31 8 under federal regulations, and the words "commercial learner's
31 9 permit" or "CLP" with a statement that the permit is invalid
31 10 unless accompanied by the permit holder's underlying driver's
31 11 license shall appear prominently on the face of the permit. If
31 12 the applicant is a nonresident, the license must conspicuously
31 13 display the word "nonresident" "nondomiciled".
31 14 Sec. 54. Section 321.191, subsections 1, 4, 7, and 9, Code
31 15 2015, are amended to read as follows:
31 16 1. Instruction permits. The fee for an instruction
31 17 permit, other than a special instruction permit, chauffeur's
31 18 instruction permit, or commercial driver's instruction
31 19 learner's permit, is six dollars. The fee for a special
31 20 instruction permit is ten dollars. The fee for a chauffeur's
31 21 instruction permit or commercial driver's instruction learner's
31 22 permit is twelve dollars.
31 23 4. Commercial driver's licenses. The fee for a commercial
31 24 driver's license, other than an instruction a commercial
31 25 learner's permit, for the operation of a commercial motor
31 26 vehicle is eight dollars per year of license validity.
31 27 7. Endorsements and removal of air brake restrictions. The
31 28 fee for a double/triple trailer endorsement, tank vehicle
31 29 endorsement, and or hazardous materials endorsement is
31 30 five dollars for each endorsement. The fee for a passenger
31 31 endorsement or a school bus endorsement is ten dollars. The
31 32 fee for removal of an air brake, full air brake, manual
31 33 transmission, tractor=trailer, or passenger vehicle restriction
31 34 on a commercial driver's license or commercial learner's
31 35 permit is ten dollars. Fees imposed under this subsection
32 1 for endorsements or removal of restrictions are valid for the
32 2 period of the license. Upon renewal of a commercial driver's
32 3 license, no fee is payable for retaining endorsements or the
32 4 removal of the air brake a restriction for those endorsements
32 5 or restrictions which do not require the taking of either a
32 6 knowledge or a driving skills test for renewal.
32 7 9. Upgrading a license class privilege == fee adjustment.
32 8 a. If an applicant wishes to upgrade a license class
32 9 privilege, the fee charged shall be prorated on full=year
32 10 fee increments of the new license in accordance with rules
32 11 adopted by the department. The expiration date of the new
32 12 license shall be the expiration date of the currently held
32 13 driver's license. The fee for a commercial driver's license
32 14 endorsement, the removal of an air brake a restriction, or a
32 15 commercial driver's license instruction learner's permit shall
32 16 not be prorated.
32 17 b. As used in this subsection "to upgrade a license class
32 18 privilege" means to add any privilege to a valid driver's
32 19 license. The addition of a privilege includes converting
32 20 from a noncommercial to a commercial license, converting from
32 21 a noncommercial class C to a class D license, converting an
32 22 instruction or learner's permit to a class license, adding any
32 23 privilege to a section 321.189, subsection 7, license, adding
32 24 an instruction or learner's permit privilege, adding a section
32 25 321.189, subsection 7, license to an instruction or learner's
32 26 permit, and adding any privilege relating to a driver's license
32 27 issued to a minor under section 321.194 or 321.178.
32 28 Sec. 55. Section 321.196, subsections 1 and 4, Code 2015,
32 29 are amended to read as follows:
32 30 1. Except as otherwise provided, if the licensee is between
32 31 the ages of seventeen years eleven months and seventy=two years
32 32 on the date of issuance of the license, a driver's license,
32 33 other than an instruction permit, chauffeur's instruction
32 34 permit, or commercial driver's instruction learner's permit
32 35 issued under section 321.180, expires eight years from the
33 1 licensee's birthday anniversary occurring in the year of
33 2 issuance, but not to exceed the licensee's seventy=fourth
33 3 birthday. If the licensee is under the age of seventeen
33 4 years eleven months or age seventy=two or over, the license
33 5 is effective for a period of two years from the licensee's
33 6 birthday anniversary occurring in the year of issuance. A
33 7 licensee whose license is restricted due to vision or other
33 8 physical deficiencies may be required to renew the license
33 9 every two years. If a licensee is a foreign national who is
33 10 temporarily present in this state, the license shall be issued
33 11 only for the length of time the foreign national is authorized
33 12 to be present as verified by the department, not to exceed two
33 13 years.
33 14 4. The department in its discretion may authorize the
33 15 renewal of a valid driver's license other than a commercial
33 16 driver's license or commercial learner's permit upon
33 17 application without an examination provided that the applicant
33 18 meets one of the following conditions:
33 19 a. The applicant satisfactorily passes a vision test as
33 20 prescribed by the department.
33 21 b. The applicant files a vision report in accordance with
33 22 section 321.186A which shows that the applicant's visual acuity
33 23 level meets or exceeds those required by the department.
33 24 c. The applicant is eligible for license renewal
33 25 electronically, pursuant to rules adopted by the department.
33 26 An applicant shall not be eligible for electronic renewal of
33 27 a driver's license if the most recent previous renewal of the
33 28 applicant's driver's license occurred electronically.
33 29 Sec. 56. Section 321.201, subsection 2, Code 2015, is
33 30 amended to read as follows:
33 31 2. a. Upon cancellation of a commercial driver's license or
33 32 commercial learner's permit for providing false information or
33 33 committing fraud in the application, the applicant shall not
33 34 operate a commercial motor vehicle in this state and shall not
33 35 be issued a license valid to operate a commercial motor vehicle
34 1 for a period of sixty days.
34 2 b. The department shall disqualify the commercial driver's
34 3 license or commercial learner's permit of a person convicted or
34 4 suspected of fraud related to the testing for or issuance of
34 5 a commercial driver's license or commercial learner's permit.
34 6 The department shall adopt rules to administer this paragraph
34 7 that substantially comply with 49 C.F.R. {383.73(k).
34 8 Sec. 57. Section 321.204, subsection 2, Code 2015, is
34 9 amended to read as follows:
34 10 2. The department shall notify the commercial driver's
34 11 license information system and the commercial motor vehicle
34 12 administrator in the licensing state, if applicable, of the
34 13 disqualification of a commercial driver within ten days of any
34 14 of the following:
34 15 a. The disqualification of the commercial driver under
34 16 section 321.201 or section 321.208 if the disqualification is
34 17 for sixty days or more.
34 18 b. The suspension or revocation of a commercial driver's
34 19 license or commercial learner's permit if the suspension or
34 20 revocation is for sixty days or more.
34 21 c. The cancellation of a commercial driver's license or
34 22 commercial learner's permit.
34 23 Sec. 58. Section 321.206, Code 2015, is amended to read as
34 24 follows:
34 25 321.206 Surrender of license == duty of court.
34 26 If a person is convicted in court of an offense for which
34 27 this chapter requires mandatory revocation of the person's
34 28 driver's license or, if the person's license is a commercial
34 29 driver's license or commercial learner's permit and the
34 30 conviction disqualifies the person from operating a commercial
34 31 motor vehicle, the court shall require the person to surrender
34 32 the driver's license held by the person and the court shall
34 33 destroy the license or forward the license together with a
34 34 record of the conviction to the department as provided in
34 35 section 321.491.
35 1 Sec. 59. Section 321.207, Code 2015, is amended to read as
35 2 follows:
35 3 321.207 Downgrade of commercial driver's license or
35 4 commercial learner's permit.
35 5 The department shall adopt rules for downgrading a
35 6 commercial driver's license or commercial learner's permit to
35 7 a noncommercial status upon a driver's failure to provide a
35 8 medical examiner's certificate as required pursuant to section
35 9 321.188, subsection 1, paragraph "c", or upon a driver's failure
35 10 to provide a self=certification of type of driving as required
35 11 pursuant to section 321.188, subsection 1, paragraph "c". The
35 12 rules shall substantially comply with 49 C.F.R. {383.71 and
35 13 383.73, as adopted by rule by the department.
35 14 Sec. 60. Section 321.208, subsection 1, paragraph b, Code
35 15 2015, is amended to read as follows:
35 16 b. Operating a commercial motor vehicle when, as a result
35 17 of prior violations committed while operating a commercial
35 18 motor vehicle, the person's commercial driver's license or
35 19 commercial learner's permit is revoked, suspended, or canceled
35 20 or the person is disqualified from operating a commercial motor
35 21 vehicle.
35 22 Sec. 61. Section 321.208, subsection 2, unnumbered
35 23 paragraph 1, Code 2015, is amended to read as follows:
35 24 A person is disqualified from operating a commercial motor
35 25 vehicle for one year upon a conviction or final administrative
35 26 decision that the person has committed any of the following
35 27 acts or offenses in any state or foreign jurisdiction while
35 28 operating a commercial motor vehicle or while operating a
35 29 noncommercial motor vehicle and holding a commercial driver's
35 30 license or commercial learner's permit:
35 31 Sec. 62. Section 321.208, subsections 3, 5, and 6, Code
35 32 2015, are amended to read as follows:
35 33 3. A person is disqualified from operating a commercial
35 34 motor vehicle for three years if an act or offense described
35 35 in subsection 1 or 2 occurred while the person was operating
36 1 a commercial motor vehicle transporting hazardous material of
36 2 a type or quantity requiring vehicle placarding materials as
36 3 defined in 49 C.F.R. {383.5.
36 4 5. A person is disqualified from operating a commercial
36 5 motor vehicle for life upon a conviction that the person used a
36 6 commercial or noncommercial motor vehicle in the commission of
36 7 a felony or aggravated misdemeanor involving the manufacturing,
36 8 distributing, or dispensing of a controlled substance as
36 9 defined in section 124.101. A person is disqualified from
36 10 operating a commercial motor vehicle for life upon a conviction
36 11 that the person used a noncommercial motor vehicle in the
36 12 commission of a felony or aggravated misdemeanor involving the
36 13 manufacturing, distributing, or dispensing of a controlled
36 14 substance as defined in section 124.101 and held a commercial
36 15 driver's license or commercial learner's permit at the time the
36 16 offense was committed.
36 17 6. A person is disqualified from operating a commercial
36 18 motor vehicle if the person receives convictions for committing
36 19 within any three=year period two or more of the following
36 20 offenses while operating a commercial motor vehicle, or
36 21 while operating a noncommercial motor vehicle and holding a
36 22 commercial driver's license or commercial learner's permit
36 23 if the convictions result in the revocation, cancellation,
36 24 or suspension of the person's commercial driver's license,
36 25 commercial learner's permit, or noncommercial motor vehicle
36 26 driving privileges:
36 27 a. Operating a commercial motor vehicle upon a highway
36 28 when not issued a commercial driver's license or commercial
36 29 learner's permit.
36 30 b. Operating a commercial motor vehicle upon a highway when
36 31 not issued the proper class of commercial driver's license,
36 32 commercial learner's permit, or endorsements for the specific
36 33 vehicle group being operated or for the passengers or type of
36 34 cargo being transported.
36 35 c. Operating a commercial motor vehicle upon a highway
37 1 without immediate possession of a commercial driver's license
37 2 or commercial learner's permit valid for the vehicle operated.
37 3 d. Speeding fifteen miles per hour or more over the legal
37 4 speed limit.
37 5 e. Reckless driving.
37 6 f. Any violation of the traffic laws, except a parking
37 7 violation or a vehicle weight violation, which arises in
37 8 connection with a fatal traffic accident.
37 9 g. Following another motor vehicle too closely.
37 10 h. Improper lane changes in violation of section 321.306.
37 11 i. Violating a state or local law or ordinance on motor
37 12 vehicle traffic control prohibiting texting while driving a
37 13 commercial motor vehicle.
37 14 j. Violating a state or local law or ordinance on motor
37 15 vehicle traffic control restricting or prohibiting the use of
37 16 a hand=held mobile telephone while driving a commercial motor
37 17 vehicle.
37 18 Sec. 63. Section 321.208, subsection 9, paragraph b, Code
37 19 2015, is amended to read as follows:
37 20 b. For one year upon conviction for the first violation
37 21 and for not less than three years and not more than five years
37 22 upon conviction for a second or subsequent violation of an
37 23 out=of=service order while transporting hazardous materials
37 24 required to be placarded as defined in 49 C.F.R. {383.5,
37 25 or while operating a commercial motor vehicle designed to
37 26 transport more than fifteen passengers including the driver.
37 27 Sec. 64. Section 321.208, subsection 12, paragraph b, Code
37 28 2015, is amended to read as follows:
37 29 b. The effective date of disqualification shall be thirty
37 30 days after notification. Immediate notice of disqualification
37 31 may be served on a person operating a commercial motor vehicle
37 32 who refused to submit to a test or whose test results indicate
37 33 an alcohol concentration of 0.04 or more by the peace officer
37 34 administering the chemical test or, notwithstanding chapter
37 35 17A, the department may notify the person by first class
38 1 mail. If immediate notice is served, the peace officer shall
38 2 take the commercial driver's license or commercial learner's
38 3 permit of the driver, if issued within the state, and issue a
38 4 temporary commercial driver's license or commercial learner's
38 5 permit effective for only thirty days. The peace officer shall
38 6 immediately send the person's commercial driver's license or
38 7 commercial learner's permit to the department in addition to
38 8 the officer's certification required by this subsection.
38 9 Sec. 65. Section 321.208, subsection 13, Code 2015, is
38 10 amended to read as follows:
38 11 13. Upon notice, the disqualified person shall surrender
38 12 the person's commercial driver's license or commercial
38 13 learner's permit to the department and the department may issue
38 14 a driver's license valid only to operate a noncommercial motor
38 15 vehicle upon payment of a one dollar the fee for a replacement
38 16 driver's license under section 321.195. The department shall
38 17 notify the commercial driver's license information system
38 18 of the disqualification if required to do so under section
38 19 321.204.
38 20 Sec. 66. Section 321.208A, subsection 1, Code 2015, is
38 21 amended to read as follows:
38 22 1. A person required to hold a commercial driver's license
38 23 or commercial learner's permit to operate a commercial motor
38 24 vehicle shall not operate a commercial motor vehicle on the
38 25 highways of this state in violation of an out=of=service order
38 26 issued by a peace officer for a violation of the out=of=service
38 27 rules adopted by the department. A driver who violates an
38 28 out=of=service order commits a simple misdemeanor and shall
38 29 be subject to a fine of not less than two thousand five
38 30 hundred dollars upon conviction for the first violation of an
38 31 out=of=service order and not less than five thousand dollars
38 32 for a second or subsequent violation of an out=of=service order
38 33 in separate incidents within a ten=year period.
38 34 Sec. 67. Section 321.215, subsection 4, Code 2015, is
38 35 amended to read as follows:
39 1 4. The temporary restricted license is not valid to operate
39 2 a commercial motor vehicle if a commercial driver's license
39 3 or commercial learner's permit is required for the person's
39 4 operation of the commercial motor vehicle.
39 5 Sec. 68. Section 321.218, subsection 4, Code 2015, is
39 6 amended to read as follows:
39 7 4. A person who operates a commercial motor vehicle upon
39 8 the highways of this state when disqualified from operating the
39 9 commercial motor vehicle under section 321.208 or the imminent
39 10 hazard provisions of 49 C.F.R. {383.52 commits a serious
39 11 misdemeanor if a commercial driver's license or commercial
39 12 learner's permit is required for the person to operate the
39 13 commercial motor vehicle.
39 14 Sec. 69. Section 321J.1, subsection 7, Code 2015, is amended
39 15 to read as follows:
39 16 7. "Driver's license" means any license or permit issued
39 17 to a person to operate a motor vehicle on the highways of this
39 18 state, including but not limited to a driver's, commercial
39 19 driver's, temporary restricted, or temporary license and an
39 20 instruction, chauffeur's instruction, commercial driver's
39 21 instruction learner's, or temporary permit.
39 22 Sec. 70. Section 321J.8, subsection 1, paragraph c,
39 23 subparagraph (2), Code 2015, is amended to read as follows:
39 24 (2) If the person is operating a noncommercial motor
39 25 vehicle and holding a commercial driver's license or commercial
39 26 learner's permit as defined in section 321.1 and either refuses
39 27 to submit to the test or submits to the test and the results
39 28 indicate the presence of a controlled substance or other drug
39 29 or an alcohol concentration equal to or in excess of the level
39 30 prohibited by section 321J.2, the person is disqualified from
39 31 operating a commercial motor vehicle for the applicable period
39 32 under section 321.208 in addition to any revocation of the
39 33 person's driver's license or nonresident operating privilege
39 34 which may be applicable under this chapter.
39 35 Sec. 71. Section 321J.13, subsection 6, paragraph c, Code
40 1 2015, is amended to read as follows:
40 2 c. Such a holding by the court in the criminal action is
40 3 binding on the department, and the department shall rescind
40 4 the revocation. If the offense for which the revocation
40 5 was imposed was committed while the person was operating a
40 6 noncommercial motor vehicle and holding a commercial driver's
40 7 license or commercial learner's permit and the department
40 8 disqualified the person from operating a commercial motor
40 9 vehicle under section 321.208, subsection 2, paragraph "a" or
40 10 "b", as a result of the revocation, the department shall also
40 11 rescind the disqualification.
40 12 Sec. 72. Section 321J.20, subsection 5, Code 2015, is
40 13 amended to read as follows:
40 14 5. A person holding a temporary restricted license issued
40 15 by the department under this section shall not operate a
40 16 commercial motor vehicle on a highway if a commercial driver's
40 17 license or commercial learner's permit is required for the
40 18 person's operation of the commercial motor vehicle.
40 19 Sec. 73. Section 321M.1, subsections 1 and 5, Code 2015, are
40 20 amended to read as follows:
40 21 1. "Commercial driver's license" means a driver's license
40 22 valid for the operation of a commercial motor vehicle,
40 23 including a commercial learner's permit, as regulated by
40 24 chapter 321.
40 25 5. "Driver's license" means any license or permit issued
40 26 to a person to operate a motor vehicle on the highways of this
40 27 state, including but not limited to a driver's, commercial
40 28 driver's, temporary restricted, or temporary license and an
40 29 instruction, chauffeur's instruction, commercial driver's
40 30 instruction learner's, or temporary permit.
40 31 Sec. 74. EMERGENCY RULES. The department of transportation
40 32 may adopt rules on an emergency basis as provided in section
40 33 17A.4, subsection 3, and section 17A.5, subsection 2,
40 34 paragraph "b", to implement the provisions of this division
40 35 of this Act relating to the department's administration of
41 1 commercial learner's permits and commercial driver's licenses
41 2 in compliance with the procedures set forth in 49 C.F.R.
41 3 {383.73 pursuant to this division of this Act, and the rules
41 4 shall be effective immediately upon filing unless a later
41 5 date is specified in the rules. Any emergency rule adopted
41 6 in accordance with this section shall also be published as
41 7 a notice of intended action as provided in section 17A.4,
41 8 subsection 1.
41 9 Sec. 75. EFFECTIVE UPON ENACTMENT. The provisions of this
41 10 division of this Act relating to emergency rules, being deemed
41 11 of immediate importance, take effect upon enactment.
HF 635 (5) 86
ns/nh/md