Senate Study Bill 3110 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5308DP (8) 85 dea/nh

S.F. _____ H.F. _____ DIVISION I 1 HIGHWAYS 2 Section 1. Section 306.3, unnumbered paragraph 1, Code 3 2014, is amended to read as follows: 4 As used in this chapter or in any chapter of the Code 5 relating to highways , except as otherwise specified : 6 Sec. 2. Section 306C.1, subsection 2, Code 2014, is amended 7 to read as follows: 8 2. “Interstate highway” includes “interstate road” and 9 “interstate system” and means any highway of the primary 10 national highway system at any time officially designated as a 11 part of the national system of interstate and defense highways 12 by the department and approved by the appropriate authority of 13 the federal government. 14 Sec. 3. Section 306C.1, Code 2014, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5. “National highway system” means the 17 network designated by the federal highway administration in 18 consultation with the state department of transportation, which 19 consists of interconnected urban and rural principal arterials 20 and highways that serve major population centers, ports, 21 airports, public transportation facilities, other intermodal 22 transportation facilities, and other major travel destinations; 23 meet national defense requirements; and serve interstate and 24 interregional travel. 25 Sec. 4. Section 306C.2, unnumbered paragraph 1, Code 2014, 26 is amended to read as follows: 27 A person shall not establish, operate, or maintain a 28 junkyard, any portion of which is within one thousand feet of 29 the nearest edge of the right-of-way of any interstate highway 30 on the national highway system , except: 31 Sec. 5. Section 306C.3, Code 2014, is amended to read as 32 follows: 33 306C.3 Junkyards lawfully in existence. 34 1. Any junkyard located outside a zoned or unzoned 35 -1- LSB 5308DP (8) 85 dea/nh 1/ 28

S.F. _____ H.F. _____ industrial area lawfully in existence on July 1, 1972, 1 which is within one thousand feet of the nearest edge of 2 the right-of-way and visible from the main-traveled portion 3 of any highway on the interstate system shall be screened, 4 if feasible, by the department, or by the owner under rules 5 and direction of the department, at locations on the highway 6 right-of-way or in areas acquired for such purposes outside 7 the right-of-way in order to obscure the junkyard from the 8 main-traveled way of such highways. 9 2. Any junkyard located outside a zoned or unzoned 10 industrial area lawfully in existence on July 1, 2014, which 11 is within one thousand feet of the nearest edge of the 12 right-of-way and visible from the main-traveled portion of 13 any noninterstate highway which is on the national highway 14 system shall be screened, if feasible, by the department, or 15 by the owner under rules and direction of the department, at 16 locations on the highway right-of-way or in areas acquired for 17 such purposes outside the right-of-way in order to obscure the 18 junkyard from the main-traveled way of such highways. 19 Sec. 6. Section 306C.10, subsections 1, 2, 10, 13, and 20, 20 Code 2014, are amended to read as follows: 21 1. “Adjacent area” means an area which is contiguous to 22 and within six hundred sixty feet of the nearest edge of the 23 right-of-way of any interstate, freeway primary, or primary 24 highway. 25 2. “Advertising device” includes any outdoor sign, display, 26 device, figure, painting, drawing, message, placard, poster, 27 billboard, or any other device designed, intended, or used to 28 advertise or give information in the nature of advertising, and 29 having the capacity of being visible from the traveled portion 30 of any interstate or primary highway. 31 10. “Interstate highway” includes “interstate road” and 32 “interstate system” and means any highway of the primary 33 national highway system at any time officially designated as a 34 part of the national system of interstate and defense highways 35 -2- LSB 5308DP (8) 85 dea/nh 2/ 28

S.F. _____ H.F. _____ by the department and approved by the appropriate authority of 1 the federal government. 2 13. “Primary highways” includes the entire primary system as 3 officially designated, or as may hereafter be so designated, 4 by the department means all highways on the national highway 5 system and all highways on the federal-aid primary system as it 6 existed on June 1, 1991 . 7 20. “Unzoned commercial or industrial area” means those areas 8 not zoned by state or local law, regulation, or ordinance, 9 which are occupied by one or more commercial or industrial 10 activities, and the land along the interstate highways and 11 primary highways for a distance of seven hundred fifty feet 12 immediately adjacent to the activities. All measurements 13 shall be from the outer edge of the regularly used buildings, 14 parking lots, storage, or processing areas of the activities 15 and shall be parallel to the edge of pavement of the highway. 16 Measurements shall not be from the property line of the 17 activities unless that property line coincides with the limits 18 of the activities. Unzoned commercial or industrial areas 19 shall not include land on the opposite side of the highway from 20 the commercial or industrial activities. 21 Sec. 7. Section 306C.10, Code 2014, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 12A. “National highway system” means the 24 network designated by the federal highway administration in 25 consultation with the state department of transportation, which 26 consists of interconnected urban and rural principal arterials 27 and highways that serve major population centers, ports, 28 airports, public transportation facilities, other intermodal 29 transportation facilities, and other major travel destinations; 30 meet national defense requirements; and serve interstate and 31 interregional travel. 32 Sec. 8. Section 306C.12, Code 2014, is amended to read as 33 follows: 34 306C.12 None visible from highway. 35 -3- LSB 5308DP (8) 85 dea/nh 3/ 28

S.F. _____ H.F. _____ An advertising device shall not be constructed or 1 reconstructed beyond the adjacent area in unincorporated areas 2 of the state if it is visible from the main-traveled way of 3 any interstate or primary highway except for advertising 4 devices permitted in section 306C.11, subsections 1 and 2 . 5 Any advertising device permitted beyond an adjacent area in 6 unincorporated areas of the state shall be subject to the 7 applicable permit provisions of section 306C.18 . 8 Sec. 9. Section 306C.13, subsections 2, 3, 4, and 5, Code 9 2014, are amended to read as follows: 10 2. Advertising devices located within the adjacent 11 area of nonfreeway primary highways shall not be erected or 12 maintained closer to another advertising device facing in the 13 same direction than one hundred feet if inside the corporate 14 limits of a municipality. No advertising device, other than 15 as excepted or permitted by subsections subsection 4, 5, or 6 16 of this section , shall be located within the triangular area 17 formed by the line connecting two points each fifty feet back 18 from the point where the street right-of-way lines of the 19 main-traveled way and the intersecting street meet, or would 20 meet, if extended. 21 3. Advertising devices located within the adjacent area of 22 nonfreeway primary highways shall not be erected or maintained 23 closer to another advertising device facing in the same 24 direction than three hundred feet if outside the corporate 25 limits of a municipality. No advertising device, other than 26 those excepted or permitted by subsections subsection 4, 5, or 27 6 of this section , shall be located within the triangular area 28 formed by a line connecting two points each one hundred feet 29 back from the point where the street right-of-way lines of the 30 main-traveled way and the intersecting street meet, or would 31 meet, if extended. 32 4. The distance spacing measurements fixed by subsections 2 33 and 3 of this section shall not apply to advertising devices 34 which are separated by a building in such a manner that only 35 -4- LSB 5308DP (8) 85 dea/nh 4/ 28

S.F. _____ H.F. _____ one advertising device located within the minimum spacing 1 distance is visible from a highway at any one time. 2 5. Within a triangular area, as defined by subsections 2 3 and 3 of this section , occupied by a building or structure, no 4 advertising device shall be erected or maintained closer to the 5 intersection than the building or structure itself, except that 6 a wall advertising device may be attached to said building or 7 structure not to protrude more than twelve inches. 8 Sec. 10. Section 306C.13, subsection 8, paragraph g, Code 9 2014, is amended to read as follows: 10 g. The standards contained in this section pertaining to 11 size, lighting, and spacing shall not apply to advertising 12 devices erected or maintained within six hundred sixty feet 13 of the right-of-way of those portions of the interstate 14 highway system exempted from control under chapter 306B by 15 authority of section 306B.2, subsection 4 , nor to advertising 16 devices erected and maintained within adjacent areas along 17 noninterstate primary highways within zoned and unzoned 18 commercial and industrial areas, unless said advertising 19 devices were erected subsequent to July 1, 1972. 20 DIVISION II 21 TRANSPORTATION DEPARTMENT AND COMMISSION 22 DEPARTMENT OF TRANSPORTATION 23 Sec. 11. Section 307.8, Code 2014, is amended to read as 24 follows: 25 307.8 Expenses. 26 Members of the commission, the The director , and other 27 employees of the department shall be allowed their actual and 28 necessary expenses incurred in the performance of their duties. 29 All expenses and salaries shall be paid from appropriations 30 for such purposes , and the department shall be subject to the 31 budget requirements of chapter 8 . 32 Sec. 12. Section 307.12, subsection 1, paragraphs g and p, 33 Code 2014, are amended to read as follows: 34 g. Appoint the deputy director of transportation and the 35 -5- LSB 5308DP (8) 85 dea/nh 5/ 28

S.F. _____ H.F. _____ administrators of within the department. 1 p. Administer chapter 327J Apply for, accept, and expend 2 federal, state, or private funds for the improvement of 3 transportation . 4 Sec. 13. Section 307.12, subsection 1, Code 2014, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . q. Coordinate the transportation research 7 activities within the department. 8 Sec. 14. Section 307.12, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. If in the interest of the state, the director may allow 11 a subsistence expense to an employee under the supervision of 12 the department’s administrator responsible for highways highway 13 programs and activities for continuous stay in one location 14 while on duty away from established headquarters and place of 15 domicile for a period not to exceed forty-five days; and may 16 allow automobile expenses in accordance with section 8A.363 , 17 for moving an employee and the employee’s family from place of 18 present domicile to new domicile, and actual transportation 19 expense for moving of household goods. The household goods for 20 which transportation expense is allowed shall not include pets 21 or animals. 22 Sec. 15. Section 307.21, subsection 1, unnumbered paragraph 23 1, Code 2014, is amended to read as follows: 24 The department’s administrator of administrative services 25 responsible for the operations and finances of the department 26 shall: 27 Sec. 16. Section 307.21, subsection 7, Code 2014, is amended 28 to read as follows: 29 7. The administrator of administrative services may 30 purchase items from the department of administrative services 31 and may cooperate with the director of the department of 32 administrative services by providing purchasing services for 33 the department of administrative services. 34 Sec. 17. Section 307.22, Code 2014, is amended to read as 35 -6- LSB 5308DP (8) 85 dea/nh 6/ 28

S.F. _____ H.F. _____ follows: 1 307.22 Planning and research programming activities . 2 1. The department’s administrator of responsible for 3 transportation planning and research infrastructure program 4 development shall: 5 a. Assist the director in planning all modes of 6 transportation in order to develop an integrated transportation 7 system providing adequate transportation services for all 8 citizens of the state. 9 b. Develop and maintain transportation statistical data for 10 the department. 11 c. Assist the director in establishing, analyzing, and 12 evaluating alternative transportation policies for the state. 13 d. Coordinate planning and research duties and 14 responsibilities with the planning functions carried on by 15 other administrators of the department. 16 e. (1) Annually report by July 1 of each year, for both 17 secondary and farm-to-market systems, the miles of earth, 18 granular, and paved surface roads; the daily vehicle miles 19 of travel; and the lineal feet of bridge deck under the 20 jurisdiction of each county’s secondary road department, as 21 of the preceding January 1, taking into account roads whose 22 jurisdiction has been transferred from the department to a 23 county or from a county to the department during the previous 24 year. The annual report shall include those roads transferred 25 to a county pursuant to section 306.8A . 26 (2) Miles of secondary and farm-to-market roads shall not 27 include those miles of farm-to-market extensions within cities 28 under five hundred population that are placed under county 29 secondary road jurisdiction pursuant to section 306.4 . 30 (3) The annual report of updated road and bridge data of 31 both the secondary and farm-to-market roads shall be submitted 32 to the Iowa county engineers association service bureau. 33 f. Advise and assist the director in the study and 34 development of highway transport economics to assure 35 -7- LSB 5308DP (8) 85 dea/nh 7/ 28

S.F. _____ H.F. _____ availability and productivity of highway transport services. 1 f. g. Perform such other planning functions as may be 2 assigned by the director. 3 2. The functions of planning and research infrastructure 4 program development do not include the detailed design 5 of highways or other modal transportation facilities, but 6 are restricted to the needs of this state for multimodal 7 transportation systems. 8 Sec. 18. Section 307.24, Code 2014, is amended to read as 9 follows: 10 307.24 Administration of highways highway programs and 11 activities . 12 The department’s administrator of highways is responsible 13 for the planning, design, construction, and maintenance of 14 highway programs and activities shall plan, design, construct, 15 and maintain the state primary highways and shall administer 16 chapters 306 to through 306C, chapters 309 through 314, 17 chapters 316 through 318, and chapter 320 and perform other 18 duties as assigned by the director. The administration of 19 highways department shall be : 20 1. Be organized to provide administration assistance for 21 urban systems , for and secondary roads, and provide other 22 categories of administration assistance as necessary. 23 2. Devise and adopt standard plans of highway construction 24 and furnish the same to the counties and provide information 25 to the counties on the maintenance practices and policies of 26 the department. 27 3. Order the removal or alteration of any lights or 28 light-reflecting devices, whether on public or private 29 property, other than railroad signals or crossing lights, 30 located adjacent to a primary road and within three hundred 31 feet of a railroad crossing at grade, which in any way 32 interfere with the vision of or may be confusing to a person 33 operating a motor vehicle on such primary road in observing 34 the approach of trains or in observing signs erected for the 35 -8- LSB 5308DP (8) 85 dea/nh 8/ 28

S.F. _____ H.F. _____ purpose of giving warning of such railroad crossing. 1 4. Order the removal or alteration of any lights or 2 light-reflecting devices, whether on public or private 3 property, located adjacent to a primary road and within 4 three hundred feet of an intersection with another primary 5 road, which in any way interfere with the vision of or may be 6 confusing to a person operating a motor vehicle on such primary 7 road in observing the approach of other vehicles or signs 8 erected for the purpose of giving warning of such intersection. 9 5. Construct, reconstruct, improve, and maintain state 10 institutional roads and state park roads which are part of the 11 state park, state institution, and other state land road system 12 as defined in section 306.3, and bridges on such roads, roads 13 located on the state fairgrounds as described in chapter 173, 14 and the roads and bridges located on community college property 15 as described in chapter 260C, upon the request of the state 16 board, department, or commission which has jurisdiction over 17 such roads. Such construction, reconstruction, improvement, 18 or maintenance shall be done in such manner as may be agreed 19 upon by the state transportation commission and the state 20 board, department, or commission which has jurisdiction. The 21 commission may contract with any county or municipality for 22 the construction, reconstruction, improvement, or maintenance 23 of such roads and bridges. Any state park road which is an 24 extension of either a primary or secondary highway which both 25 enters and exits from a state park at separate points shall 26 be constructed, reconstructed, improved, and maintained as 27 provided in section 306.4. Funds allocated from the road 28 use tax fund for the purposes of this subsection shall be 29 apportioned in the following manner and amounts: 30 a. For department of natural resources facility roads, 31 forty-five and one-half percent. 32 b. For department of human services facility roads, six and 33 one-half percent. 34 c. For department of corrections facility roads, five and 35 -9- LSB 5308DP (8) 85 dea/nh 9/ 28

S.F. _____ H.F. _____ one-half percent. 1 d. For national guard facility roads, four percent. 2 e. For state board of regents facility roads, thirty 3 percent. 4 f. For state fair board facility roads, two percent. 5 g. For department of administrative services facility roads, 6 one-half percent. 7 h. For department of education facility roads, six percent. 8 Sec. 19. Section 307.26, Code 2014, is amended to read as 9 follows: 10 307.26 Rail and water Administration of modal programs and 11 activities . 12 The department’s administrator responsible for rail and 13 water modal programs and activities shall: 14 1. Advise and assist the director in conducting research 15 on the basic railroad problems and identify the present 16 capability of the existing railroads in order to determine 17 the present obligation of the railroads to provide acceptable 18 levels of public service. Advise and assist the director 19 in the development of aeronautics including but not limited 20 to the location of air terminals, accessibility of air 21 terminals by other modes of public transportation, protective 22 zoning provisions considering safety factors, noise, and air 23 pollution, facilities for private and commercial aircraft, 24 air freight facilities, and such other physical and technical 25 aspects as may be necessary to meet present and future needs. 26 2. Advise and assist the director in the study of local 27 and regional transportation of goods and people including 28 intracity and intercity bus systems, dial-a-bus facilities, 29 rural and urban bus and taxi systems, the collection of data 30 from these systems, a feasibility study of increased government 31 subsidy assistance and determination of the allocation of such 32 subsidies to each mass transportation system, and such other 33 physical and technical aspects as may be necessary to meet 34 present and future needs, and apply for, accept, and expend 35 -10- LSB 5308DP (8) 85 dea/nh 10/ 28

S.F. _____ H.F. _____ federal, state, or private funds for the improvement of mass 1 transit. 2 2. 3. Advise and assist the director in the development 3 of rail transportation systems and programs for expansion of 4 improving passenger and freight services. 5 3. 4. Advise and assist the director in developing programs 6 in anticipation of railroad abandonment, including: 7 a. Development and evaluation of programs which will 8 encourage improvement of rail freight and the upgrading of rail 9 lines in order to improve freight service. 10 b. Development of alternative modes of transportation to 11 areas and communities which lose rail service. 12 c. b. Advise Advising the director when it may appear in 13 the best interest of the state to assume the role of advocate 14 in railroad abandonments and railroad rate schedules. 15 4. 5. Develop and maintain a federal-state relationship 16 of programs relating to railroad safety enforcement, track 17 standards, rail equipment, operating rules , and transportation 18 of hazardous materials. 19 6. Make surveys, plans, and estimates of cost for the 20 elimination of danger at railroad crossings on highways, and 21 confer with local and railroad officials with reference to 22 elimination of the danger. 23 5. 7. Advise and assist the director in the conduct of 24 research on railroad-highway grade crossings and encourage 25 and develop a safety program in order to reduce injuries or 26 fatalities including , but not limited to , the following: 27 a. The implementation of a program of constructing rumble 28 strips at grade crossings on selected hard surface roads. 29 b. a. The establishment of standards for warning devices 30 for particularly hazardous crossings or for classes of 31 crossings on highways, which standards are shall be designed 32 to reduce injuries, fatalities , and property damage. Such 33 standards shall regulate the use of warning devices and 34 signs , which shall be in addition to the requirements of 35 -11- LSB 5308DP (8) 85 dea/nh 11/ 28

S.F. _____ H.F. _____ section 327G.2 . Implementation of such standards shall be 1 the responsibility of the government agency , or department , 2 or political subdivision having jurisdiction and control of 3 the highway and such implementation shall be deemed adequate 4 for the purposes of railroad grade crossing protection. The 5 department, or the political subdivision having jurisdiction, 6 may direct the installation of temporary protection while 7 awaiting installation of permanent protection. A railroad 8 crossing shall not be found to be particularly hazardous for 9 any purpose unless the department has determined it to be 10 particularly hazardous. 11 c. b. The development and adoption of classifications of 12 crossings on public highways based upon their characteristics, 13 conditions, and hazards, and standards for warning devices, 14 signals, and signs of each crossing classification. The 15 department shall recommend a schedule for implementation 16 of the standards to the government agency, department, or 17 political subdivision having jurisdiction of the highway and 18 shall provide an annual report to the general assembly on the 19 development and adoption of classifications and standards under 20 this paragraph and their implementation, including information 21 about financing installation of warning devices, signals, and 22 signs. The department shall not be liable for the development 23 or adoption of the classifications or standards. A government 24 agency, department, or political subdivision shall not be 25 liable for failure to implement the standards. A crossing 26 warning or improvement installed or maintained pursuant to 27 standards adopted by the department under this paragraph “b” 28 shall be deemed an adequate and appropriate warning for the 29 crossing. 30 6. Apply for, accept, and expend federal, state or private 31 funds for the improvement of rail transportation. 32 7. 8. Advise and assist the director on studies for to 33 assure availability, efficiency, and productivity of freight 34 and passenger services and to promote the coordination of 35 -12- LSB 5308DP (8) 85 dea/nh 12/ 28

S.F. _____ H.F. _____ railway service with that of other between all transportation 1 modes. 2 8. 9. Advise and assist the director with studies of 3 regulatory changes deemed necessary to effectuate economical 4 and efficient railroad service. 5 9. 10. Advise and assist the director regarding agreements 6 with railroad corporations for the restoration, conservation , 7 or improvement of railroad as defined in section 327D.2, 8 subsection 3 , on such terms, conditions, rates, rentals, or 9 subsidy levels as may be in the best interest of the state. 10 The commission may enter into contracts and agreements which 11 are binding only to the extent that appropriations have been 12 or may subsequently be made by the legislature to effectuate 13 the purposes of this subsection . 14 10. 11. Administer chapters 324A, 327C through 327H , 327J, 15 328, 329, and 330 . 16 12. Administer programs and activities in chapter 17 306D relating to scenic routes, chapter 307C relating to 18 the Missouri river barge compact, chapter 308 relating 19 to the Mississippi river parkway, chapter 308A relating 20 to recreational bikeways, and chapter 315 relating to the 21 revitalize Iowa’s sound economy fund. 22 11. 13. Perform such other duties and responsibilities as 23 may be assigned by the director and the commission . 24 12. Advise and assist in the establishment and development 25 of railroad districts upon request. 26 13. Conduct innovative experimental programs relating to 27 rail transportation problems within the state. 28 14. Enter the role of “applicant” pursuant to the Railroad 29 Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 30 94-210, and take such actions as are necessary to accomplish 31 this role. 32 15. Identify those segments of railroad trackage which, if 33 improved, may provide increased transportation services for 34 the citizens of this state. The department shall develop and 35 -13- LSB 5308DP (8) 85 dea/nh 13/ 28

S.F. _____ H.F. _____ implement programs to encourage the improvement of rail freight 1 services on such railroad trackage. 2 16. 14. Promote river transportation and coordinate river 3 programs with other transportation modes. 4 17. 15. Advise and assist the director in the development 5 of river transportation and port facilities in the state. 6 Sec. 20. Section 307.27, Code 2014, is amended to read as 7 follows: 8 307.27 Motor vehicles , motor carriers, and drivers . 9 The department’s administrator responsible for the 10 enforcement and regulation of motor carriers, registration of 11 motor vehicles , and the licensing of drivers shall: 12 1. Administer and supervise the registration of motor 13 vehicles and the licensing of drivers pursuant to chapter 321 . 14 2. Administer and supervise the licensing of motor vehicle 15 manufacturers, distributors , and dealers pursuant to chapter 16 322 . 17 3. Administer the inspection of motor vehicles pursuant to 18 chapter 321 . 19 4. Administer motor vehicle registration reciprocity 20 pursuant to chapter 326 . 21 5. Administer the provisions of chapters 321A , 321E , 321F , 22 and 321J relating to motor vehicle financial responsibility, 23 the implied consent law, the movement of vehicles of excessive 24 size and weight , and the leasing and renting of vehicles. 25 6. Administer the regulation of motor vehicle franchisers 26 pursuant to chapter 322A . 27 7. Administer the regulation of motor carriers pursuant to 28 chapter chapters 325A , 326, and 327B . 29 8. Administer the registration of interstate authority 30 of motor carriers pursuant to chapter 327B as provided in 49 31 U.S.C. § 14504a and United States department of transportation 32 regulations. 33 9. Administer chapter 321C relating to interstate drivers 34 license compacts; chapter 321D relating to vehicle equipment 35 -14- LSB 5308DP (8) 85 dea/nh 14/ 28

S.F. _____ H.F. _____ compacts; chapter 321H relating to vehicle recyclers; chapter 1 321L relating to parking for persons with disabilities; chapter 2 321M relating to county issuance of driver’s licenses; and 3 chapter 322C relating to travel trailer dealers, manufacturers, 4 and distributors. 5 Sec. 21. Section 307.45, Code 2014, is amended to read as 6 follows: 7 307.45 State-owned lands —— assessment. 8 1. Cities and counties may assess the cost of a public 9 improvement against the state when the improvement benefits 10 property owned by the state and under the jurisdiction 11 and control of the department’s administrator of highways 12 department . The director shall pay from the primary road fund 13 the portion of the cost of the improvement which would be 14 legally assessable against the land if privately owned. 15 2. Assessments against property under the jurisdiction of 16 the department’s administrator of highways department shall be 17 made in the same manner as those made against private property, 18 except that the city or county making the assessment shall 19 cause a copy of the public notice of hearing to be mailed to the 20 director by certified mail. 21 3. Assessments against property owned by the state and 22 not under the jurisdiction and control of the department’s 23 administrator of highways department shall be made in the same 24 manner as those made against private property , and payment 25 shall be subject to authorization by the executive council. 26 There is appropriated from moneys in the general fund not 27 otherwise appropriated an amount necessary to pay the expense 28 authorized by the executive council. 29 Sec. 22. Section 307.47, subsections 1, 2, and 3, Code 2014, 30 are amended to read as follows: 31 1. The highway materials and equipment revolving fund 32 is created from moneys appropriated out of the primary road 33 fund. From this fund shall be paid all costs for materials 34 and supplies, inventoried stock supplies, maintenance and 35 -15- LSB 5308DP (8) 85 dea/nh 15/ 28

S.F. _____ H.F. _____ operational costs of equipment, and equipment replacements 1 incurred in the operation of centralized purchasing under the 2 supervision of the department’s administrator of highways 3 administrator responsible for highway programs and activities . 4 Direct salaries and expenses properly chargeable to direct 5 salaries shall be paid from the fund. For each month , the 6 director administrator responsible for the operations and 7 finances of the department shall render a statement to each 8 highway unit under the supervision of the administrator 9 of highways for the actual cost of materials and supplies, 10 operational and maintenance costs of equipment, and equipment 11 depreciation used. The expense shall be paid by the 12 administrator of highways responsible for the operations 13 and finances of the department in the same manner as other 14 interdepartmental billings are paid , and when the expense is 15 paid by the administrator of highways, the sum paid shall be 16 credited to the highway materials and equipment revolving fund. 17 2. If surplus accrues to the revolving fund in excess of 18 one hundred thousand dollars for which there is no anticipated 19 need or use, the governor shall order that surplus reverted to 20 the primary road fund. 21 3. When the highway units under the supervision of 22 the administrator of highways share equipment with other 23 administrative units of the department, the director shall 24 prorate the costs of the equipment among the administrative 25 units using the equipment. 26 Sec. 23. REPEAL. Sections 307.3, 307.4, 307.5, 307.6, 27 307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2014, 28 are repealed. 29 STATE TRANSPORTATION COMMISSION 30 Sec. 24. NEW SECTION . 307A.1A Transportation commission. 31 1. There is created a state transportation commission which 32 shall consist of seven members, not more than four of whom 33 shall be from the same political party. The governor shall 34 appoint the members of the commission for a term of four years 35 -16- LSB 5308DP (8) 85 dea/nh 16/ 28

S.F. _____ H.F. _____ beginning and ending as provided by section 69.19, subject to 1 confirmation by the senate. 2 2. The commission shall meet in May of each year for the 3 purpose of electing one of its members as chairperson. 4 Sec. 25. Section 307A.2, Code 2014, is amended to read as 5 follows: 6 307A.2 Duties. 7 Said The commission shall: 8 1. Devise and adopt standard plans of highway construction 9 and furnish the same to the counties and provide information 10 to the counties on the maintenance practices and policies of 11 the department. Develop, coordinate, and annually update a 12 comprehensive transportation policy and plan for the state. 13 2. Furnish information and instruction to, answer inquiries 14 of, and advise with, highway officers on matters of highway 15 construction and maintenance and the reasonable cost thereof. 16 Promote the coordinated and efficient use of all available 17 modes of transportation for the benefit of the state and 18 its citizens including but not limited to the designation 19 and development of multimodal public transfer facilities if 20 carriers or other private businesses fail to develop such 21 facilities. 22 3. Reserved. 23 4. Make surveys, plans, and estimates of cost, for the 24 elimination of danger at railroad crossings on highways, and 25 confer with local and railroad officials with reference to 26 elimination of the danger. 27 5. Assist the board of supervisors and the department 28 general counsel in the defense of suits wherein infringement of 29 patents, relative to highway construction, is alleged. 30 6. Make surveys for the improvement of highways upon or 31 adjacent to state property when requested by the board or 32 department in control of said lands. 33 7. Record all important operations of said commission and, 34 at the time provided by law, report the same to the governor. 35 -17- LSB 5308DP (8) 85 dea/nh 17/ 28

S.F. _____ H.F. _____ 8. Incur no expense to the state by sending out road 1 lecturers. 2 9. Order the removal or alteration of any lights or 3 light-reflecting devices, whether on public or private 4 property, other than railroad signals or crossing lights, 5 located adjacent to a primary road and within three hundred 6 feet of a railroad crossing at grade, which in any way 7 interfere with the vision of or may be confusing to a person 8 operating a motor vehicle on such highway in observing the 9 approach of trains or in observing signs erected for the 10 purpose of giving warning of such railroad crossing. 11 10. Order the removal or alteration of any lights or 12 light-reflecting devices, whether on public or private 13 property, located adjacent to a primary road and within 14 three hundred feet of an intersection with another primary 15 road, which in any way interfere with the vision of or may be 16 confusing to a person operating a motor vehicle on such highway 17 in observing the approach of other vehicles or signs erected 18 for the purpose of giving warning of such intersection. 19 11. Construct, reconstruct, improve, and maintain state 20 institutional roads and state park roads, which are part of 21 the state park, state institution, and other state land road 22 system as defined in section 306.3 , and bridges on such roads, 23 roads located on state fairgrounds as defined in chapter 173 , 24 and the roads and bridges located on community college property 25 as defined in chapter 260C , upon the request of the state 26 board, department, or commission which has jurisdiction over 27 such roads. This shall be done in such manner as may be agreed 28 upon by the state transportation commission and the state 29 board, department, or commission which has jurisdiction. The 30 commission may contract with any county or municipality for 31 the construction, reconstruction, improvement, or maintenance 32 of such roads and bridges. Any state park road which is an 33 extension of either a primary or secondary highway which both 34 enters and exits from a state park at separate points shall 35 -18- LSB 5308DP (8) 85 dea/nh 18/ 28