Text: HF00703 Text: HF00705 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 704 1 2 1 3 AN ACT 1 4 RELATING TO SUBSTANTIVE AND OTHER PROVISIONS AFFECTING THE STATE 1 5 DEPARTMENT OF TRANSPORTATION AND DRIVER, MOTOR VEHICLE, AND 1 6 HIGHWAY REGULATION, INCLUDING THE DEFINITION OF ROAD WORK 1 7 ZONES, REGISTRATION FEES FOR CERTAIN DISASTER RELIEF VEHICLES, 1 8 PROVIDING GROUNDS FOR REFUSING RENEWAL OF VEHICLE 1 9 REGISTRATIONS, REGULATION OF INTRASTATE MOTOR CARRIERS, 1 10 IMPOSING FEES, PROVIDING FOR AN ELECTRONIC TITLING AND 1 11 REGISTRATION PROGRAM, CREATING, ELIMINATING, OR ENHANCING 1 12 PENALTIES, AND PROVIDING EFFECTIVE DATES. 1 13 1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 15 1 16 Section 1. Section 306B.2, subsection 3, Code 1997, is 1 17 amended by striking the subsection. 1 18 Sec. 2. Section 306C.11, subsection 3, Code 1997, is 1 19 amended to read as follows: 1 20 3. a. Advertising devices within the adjacent area 1 21 located in commercial or industrial zones or in unzoned 1 22 commercial or industrial areas in compliance with the 1 23 regulatory standards of this division and rules promulgated by 1 24 the department. 1 25 b. The rules shall be consistent with national standards 1 26 promulgated pursuant to 23 U.S.C. } 131 and shall include at 1 27 least the following: 1 28 (1) Provision for a fee schedule to cover the direct and 1 29 indirect costs related to issuing permits and control of 1 30 outdoor advertising. 1 31 (2) Specific permit requirements. 1 32 (3) Criteria for on-premise signs. 1 33 (4) Provisions specifying the measurement of required 1 34 spacing. 1 35 (5) Provisions specifying conforming sign configurations. 2 1 Sec. 3. Section 306C.18, subsections 1 and 4, Code 1997, 2 2 are amended to read as follows: 2 3 1. The application for a permit shall be on a form 2 4 provided by the department and shall contain the name and 2 5 address of the owner of the advertising device and the name 2 6 and address of the owner of the real property on which it is 2 7 located; the date of its erection; a description of its 2 8 location; its dimensions; and such other information required 2 9 by the department, together with a permit fee as provided in 2 10 this section or rule adopted by the department. 2 11 4. The fee for both types of permits for calendar years 2 12 1997 and 1998 shall be one hundred dollars for the initial fee 2 13 and fifteen dollars for each annual renewal for signs up to 2 14 three hundred seventy-five square feet in area, twenty-five 2 15 dollars for each annual renewal for signs at least three 2 16 hundred seventy-six, but not more than nine hundred ninety- 2 17 nine, square feet in area, and fifty dollars for each annual 2 18 renewal for signs one thousand square feet or more in area. 2 19 Beginning January 1, 1999, fees shall be as determined by rule 2 20 by the department. The fees collected for the above permits 2 21 shall be credited to a special account entitled the "highway 2 22 beautification fund" and all salaries and expenses incurred in 2 23 administering this chapter shall be paid from this fund or 2 24 from specific appropriations for this purpose, except that 2 25 surveillance of, and removal of, advertising devices performed 2 26 by regular maintenance personnel are not to be charged against 2 27 the account. 2 28 Sec. 4. Section 310.18, Code 1997, is amended to read as 2 29 follows: 2 30 310.18 PARTIAL PAYMENTS DURING CONSTRUCTION. 2 31 Partial payments may be made ontheworkduring thein 2 32 progressthereof, but no such partial payment shall be deemed 2 33 final acceptance of the work nor a waiver of any defect 2 34thereinin the work. Theapproval of any claims by theboard 2 35 of supervisors, the county engineer, orbythe department may 3 1 approve claims. Approval may be evidenced by the signature of 3 2 the county engineer or chairperson ofsaidthe board or 3 3 department, or a majority of the members of the board or 3 4 department, on the individual claims or on the abstract of a 3 5 number of claims with the individual claims attached tosaid3 6 the abstract. 3 7 Sec. 5. Section 321.1, subsection 64A, Code 1997, is 3 8 amended to read as follows: 3 9 64A. "Roadconstructionwork zone" means the portion of a 3 10 highway which is identified by posted or moving signs asbeing3 11underthe site of construction, maintenance, survey, or 3 12 utility work. The zone starts upon meeting the first sign 3 13 identifying the zone and continues until a posted or moving 3 14 sign indicates that theconstructionwork zone has ended. 3 15 Sec. 6. Section 321.19, subsection 1, unnumbered paragraph 3 16 1, Code 1997, is amended to read as follows: 3 17 1. All vehicles owned or leased for a period of sixty days 3 18 or more by the government and used in the transaction of 3 19 official business by the representatives of foreign 3 20 governments or by officers, boards, or departments of the 3 21 government of the United States, and by the state, counties, 3 22 municipalities and other political subdivisions of the state 3 23 including vehicles used by an urban transit company operated 3 24 by a municipality or a regional transit system, and self- 3 25 propelling vehicles used neither for the conveyance of persons 3 26 for hire, pleasure, or business nor for the transportation of 3 27 freight other than those used by an urban transit company 3 28 operated by a municipality or a regional transit system,and3 29 all fire trucks, providing they are not owned and operated for 3 30 a pecuniary profit, and authorized emergency vehicles used 3 31 only in disaster relief owned and operated by an organization 3 32 not operated for pecuniary profit, are exempted from the 3 33 payment of the fees imposed by this chapter, except as 3 34 provided for urban transit companies in subsection 2, but are 3 35 not exempt from the penalties provided in this chapter. 4 1 Sec. 7. Section 321.20, Code 1997, is amended by adding 4 2 the following new unnumbered paragraph: 4 3 NEW UNNUMBERED PARAGRAPH. Notwithstanding contrary 4 4 provisions of this chapter or chapter 326 regarding titling 4 5 and registration by means other than electronic means, the 4 6 department may develop and implement a program to test the 4 7 feasibility of electronic applications, titling, registering, 4 8 and electronic funds transfer for vehicles traveling in 4 9 interstate commerce in order to improve the efficiency and 4 10 timeliness of the processes and to reduce costs for all 4 11 parties involved. 4 12 Sec. 8. Section 321.34, Code 1997, is amended by adding 4 13 the following new subsections: 4 14 NEW SUBSECTION. 11A. LOVE OUR KIDS PLATES. 4 15 a. Upon application and payment of the proper fees, the 4 16 director may issue "love our kids" plates to the owner of a 4 17 motor vehicle subject to registration under section 321.109, 4 18 subsection 1, light delivery truck, panel delivery truck, 4 19 pickup, motor home, multipurpose vehicle, or travel trailer. 4 20 b. Love our kids plates shall be designed by the 4 21 department in cooperation with the Iowa department of public 4 22 health. 4 23 c. The special fee for letter number designated love our 4 24 kids plates is thirty-five dollars. The fee for personalized 4 25 love our kids plates is twenty-five dollars, which shall be 4 26 paid in addition to the special love our kids fee of thirty- 4 27 five dollars. The fees collected by the director under this 4 28 subsection shall be paid monthly to the treasurer of state and 4 29 credited to the road use tax fund. Notwithstanding section 4 30 423.24, and prior to the crediting of revenues to the road use 4 31 tax fund under section 423.24, subsection 1, paragraph "d", 4 32 the treasurer of state shall transfer monthly from those 4 33 revenues to the Iowa department of public health the amount of 4 34 the special fees collected in the previous month for the love 4 35 our kids plates. 5 1 d. Upon receipt of the special registration plates, the 5 2 applicant shall surrender the current registration receipt and 5 3 plates to the county treasurer. The county treasurer shall 5 4 validate the special registration plates in the same manner as 5 5 regular registration plates are validated under this section. 5 6 The annual special love our kids fee for letter number 5 7 designated plates is ten dollars, which shall be paid in 5 8 addition to the regular annual registration fee. The annual 5 9 fee for personalized love our kids plates is five dollars, 5 10 which shall be paid in addition to the annual special love our 5 11 kids fee and the regular annual registration fee. The annual 5 12 love our kids fee shall be credited as provided under 5 13 paragraph "c". 5 14 NEW SUBSECTION. 11B. MOTORCYCLE RIDER EDUCATION PLATES. 5 15 a. Upon application and payment of the proper fees, the 5 16 director may issue "motorcycle rider education" plates to the 5 17 owner of a motor vehicle subject to registration under section 5 18 321.109, subsection 1, light delivery truck, panel delivery 5 19 truck, pickup, motor home, multipurpose vehicle, or travel 5 20 trailer. 5 21 b. Motorcycle rider education plates shall be designed by 5 22 the department. 5 23 c. The special fee for letter number designated motorcycle 5 24 rider education plates is thirty-five dollars. The fee for 5 25 personalized motorcycle rider education plates is twenty-five 5 26 dollars, which shall be paid in addition to the special 5 27 motorcycle rider education fee of thirty-five dollars. The 5 28 fees collected by the director under this subsection shall be 5 29 paid monthly to the treasurer of state and credited to the 5 30 road use tax fund. Notwithstanding section 423.24, and prior 5 31 to the crediting of revenues to the road use tax fund under 5 32 section 423.24, subsection 1, paragraph "d", the treasurer of 5 33 state shall transfer monthly from those revenues to the 5 34 department for use in accordance with section 321.189, 5 35 subsection 9, the amount of the special fees collected in the 6 1 previous month for the motorcycle rider education plates. 6 2 d. Upon receipt of the special registration plates, the 6 3 applicant shall surrender the current registration receipt and 6 4 plates to the county treasurer. The county treasurer shall 6 5 validate the special registration plates in the same manner as 6 6 regular registration plates are validated under this section. 6 7 The annual special motorcycle rider education fee for letter 6 8 number designated plates is ten dollars, which shall be paid 6 9 in addition to the regular annual registration fee. The 6 10 annual fee for personalized motorcycle rider education plates 6 11 is five dollars, which shall be paid in addition to the annual 6 12 special motorcycle rider education fee and the regular annual 6 13 registration fee. The annual motorcycle rider education fee 6 14 shall be credited as provided under paragraph "c". 6 15 Sec. 9. Section 321.34, subsection 13, paragraph c, Code 6 16 1997, is amended to read as follows: 6 17 c.If theThe departmentrecommends approval of a proposed6 18special registration plate, the department shall forward the6 19recommendation to the committees on transportation of the6 20general assembly by January 15 of each yearshall adopt rules 6 21 pursuant to chapter 17A regarding the approval and issuance of 6 22 special registration plates.The proposed special6 23registration plate shall not be issued unless the special6 24registration plate is enacted into law.6 25 Sec. 10. Section 321.34, subsection 13, Code 1997, is 6 26 amended by adding the following new paragraph: 6 27 NEW PARAGRAPH. d. A state agency may submit a request to 6 28 the department recommending a special registration plate. The 6 29 alternate fee for letter number designated plates is thirty- 6 30 five dollars with a ten dollar annual special renewal fee. 6 31 The fee for personalized plates is twenty-five dollars which 6 32 is in addition to the alternative fee of thirty-five dollars 6 33 with an annual personalized plate renewal fee of five dollars 6 34 which is in addition to the special renewal fee of ten 6 35 dollars. The alternate fees are in addition to the regular 7 1 annual registration fee. The alternate fees collected under 7 2 this paragraph shall be paid monthly to the treasurer of state 7 3 and credited to the road use tax fund. Notwithstanding 7 4 section 423.24 and prior to the crediting of the revenues to 7 5 the road use tax fund under section 423.24, subsection 1, 7 6 paragraph "d", the treasurer of state shall credit monthly the 7 7 amount of the alternate fees collected in the previous month 7 8 to the state agency that recommended the special registration 7 9 plate. 7 10 Sec. 11. Section 321.37, Code 1997, is amended by adding 7 11 the following new unnumbered paragraph after the first 7 12 unnumbered paragraph: 7 13 NEW UNNUMBERED PARAGRAPH. Registration plates issued for a 7 14 motor vehicle which is model year 1948 or older, and 7 15 reconstructed or specially constructed vehicles built to 7 16 resemble a model year 1948 vehicle or older, other than a 7 17 truck registered for more than five tons, motorcycle or truck 7 18 tractor, may display one registration plate on the rear of the 7 19 vehicle if the other registration plate issued to the vehicle 7 20 is carried in the vehicle at all times when the vehicle is 7 21 operated on a public highway. 7 22 Sec. 12. Section 321.40, unnumbered paragraph 4, Code 7 23 1997, is amended to read as follows: 7 24 The county treasurer shall refuse to renew the registration 7 25 of a vehicle registered to a person when notified by the 7 26 department through the distributed teleprocessing network that 7 27 the person has not paid restitution as defined under section 7 28 910.1, subsection 4, tothea clerk of the court located 7 29 withinthat countythe state. Each clerk of court shall, 7 30subject to this section shallon a daily basis,by the last7 31day of each month,notify thecounty treasurer of that county7 32 department through the Iowa court information system of the 7 33 full name and social security number of all persons who owe 7 34 delinquent restitution and whose restitution obligation has 7 35 been satisfied or canceled.Immediately upon the cancellation8 1or satisfaction of the restitution the clerk of court shall8 2notify the county treasurer if that person's name appeared on8 3the last list furnished to the county treasurer.This 8 4 paragraph does not apply to the transfer of a registration or 8 5 the issuance of a new registration.The provisions of this8 6paragraph are applicable to counties with a population of8 7twenty-five thousand or more. The provisions of this8 8paragraph shall be applicable to any county with a population8 9of less than twenty-five thousand upon the adoption of a8 10resolution by the county board of supervisors so providing.8 11 Sec. 13. Section 321.115, Code 1997, is amended by adding 8 12 the following new subsection: 8 13 NEW SUBSECTION. 4. Truck tractors and semitrailers used 8 14 in combination for exhibition and educational purposes as 8 15 described in subsection 1 may be registered, exhibited, and 8 16 driven according to the provisions of subsection 1. 8 17 Subsection 3 shall not apply to vehicles registered in 8 18 accordance with this subsection. 8 19 Sec. 14. Section 321.166, subsection 1, Code 1997, is 8 20 amended by adding the following new unnumbered paragraph: 8 21 NEW UNNUMBERED PARAGRAPH. Trailers with empty weights of 8 22 two thousand pounds or less may, upon request, be licensed 8 23 with regular-sized license plates. 8 24 Sec. 15. Section 321.166, subsection 8, Code 1997, is 8 25 amended to read as follows: 8 26 8. The owner of a trailer with an empty weight of two 8 27 thousand pounds or less shall receive registration plates for 8 28 the trailer smaller than plates regularly issued for 8 29 automobiles pursuant to rules adopted by the department in 8 30 accordance with this section unless the owner requests 8 31 regular-sized plates. 8 32 Sec. 16. Section 321.210, subsection 1, Code 1997, is 8 33 amended to read as follows: 8 34 1. The department is authorized to establish rules 8 35 providing for the suspension of the license of an operator 9 1 upontwentythirty days' notice and without preliminary 9 2 hearing upon a showing by its records or other sufficient 9 3 evidence that the licensee: 9 4 a. Is an habitually reckless or negligent driver of a 9 5 motor vehicle. 9 6 b. Is an habitual violator of the traffic laws. 9 7 c. Is physically or mentally incapable of safely operating 9 8 a motor vehicle. 9 9 d. Has permitted an unlawful or fraudulent use of the 9 10 license. 9 11 e. Has committed an offense or acted in a manner in 9 12 another state or foreign jurisdiction which in this state 9 13 would be grounds for suspension or revocation. 9 14 f. Has committed a serious violation of the motor vehicle 9 15 laws of this state. 9 16 g. Is subject to a license suspension under section 9 17 321.513. 9 18 Prior to a suspension taking effect under paragraph "a", 9 19 "b", "c", "d", "e", or "f", the licensee shall have received 9 20 thirty days' advance notice of the effective date of the 9 21 suspension. Notwithstanding the terms of the Iowa 9 22 administrative procedure Act, chapter 17A, the filing of a 9 23 petition for judicial review shall, except for suspensions 9 24 under paragraph "c", operate to stay the suspension pending 9 25 the determination by the district court. 9 26 Sec. 17. Section 321.218, subsection 1, Code 1997, is 9 27 amended to read as follows: 9 28 1. A person whose motor vehicle license or operating 9 29 privilege has been denied, canceled, suspended, or revoked as 9 30 provided in this chapter or as provided in section 252J.8 or 9 31 section 901.5, subsection 10, and who operates a motor vehicle 9 32 upon the highways of this state while the license or privilege 9 33 is denied, canceled, suspended, or revoked, commits a serious 9 34 misdemeanor. 9 35 Sec. 18. Section 321.233, Code 1997, is amended to read as 10 1 follows: 10 2 321.233 ROAD WORKERS EXEMPTED. 10 3 This chapter, except sections 321.277 and 321.280, does not 10 4 apply to persons and motor vehicles and other equipment while 10 5 actually engaged in work upon the surface of a highway 10 6 officially closed to traffic but does apply to such persons 10 7 and vehicles when traveling to or from such work. The minimum 10 8 speed restriction of section 321.285, subsection 6, and the 10 9 provisions of sections 321.297,and321.298, and 321.323 do 10 10 not apply to road workers operating maintenance equipment 10 11owned by or under lease toon behalf of any state or local 10 12 authority while engaged in road maintenance, road blading, 10 13 snow and ice control and removal, and granular resurfacing 10 14 work on a highway, whether or not the highway is closed to 10 15 traffic. 10 16 Sec. 19. Section 321.253, unnumbered paragraph 2, Code 10 17 1997, is amended to read as follows: 10 18 The department shall post signs informing motorists that 10 19 the scheduled fine for committing a moving traffic violation 10 20 in a roadconstructionwork zone is doubledor is one hundred10 21dollars, whichever is less. 10 22 Sec. 20. Section 321.288, subsection 6, Code 1997, is 10 23 amended to read as follows: 10 24 6. When approaching and passing through a sign posted 10 25construction or maintenanceroad work zone upon the public 10 26 highway. 10 27 Sec. 21. Section 321.445, subsection 2, paragraph e, Code 10 28 1997, is amended to read as follows: 10 29 e. A person possessing a written certification from a 10 30physicianhealth care provider licensed under chapter 148, 10 31 150, 150A, or 151 on a form provided by the department that 10 32 the person is unable to wear a safety belt or safety harness 10 33 due to physical or medical reasons. The certification shall 10 34 specify the time period for which the exemption applies. The 10 35 time period shall not exceed twelve months, at which time a 11 1 new certification may be issued unless the certifying 11 2physicianhealth care provider is from a United States 11 3 military facility, in which case the certificate may specify a 11 4 longer period of time or a permanent exemption. 11 5 Sec. 22. Section 321.463, Code 1997, is amended by adding 11 6 the following new unnumbered paragraph after unnumbered 11 7 paragraph 3: 11 8 NEW UNNUMBERED PARAGRAPH. Machinery defined in section 11 9 321.1, subsection 32, paragraph "f", shall be operated in 11 10 compliance with this section. However, machinery used 11 11 exclusively for mixing and dispensing nutrients to bovine 11 12 animals at feedlots is not required to comply with section 11 13 321.463 until July 1, 1999. 11 14 Sec. 23. Section 321.491, unnumbered paragraph 2, Code 11 15 1997, is amended to read as follows: 11 16 Within ten days after the conviction or forfeiture of bail 11 17 of a person upon a charge of violating any provision of this 11 18 chapter or other law regulating the operation of vehicles on 11 19 highways every magistrate of the court or clerk of the 11 20 district court of record in which the conviction occurred or 11 21 bail was forfeited shall prepare and immediately forward to 11 22 the department an abstract of the record of the case. The 11 23 abstract must be certified by the person preparing it to be 11 24 true and correct. The clerk of the district court shall 11 25 collect a fee of fifty cents for each copy of any record of 11 26 conviction or forfeiture of bail furnished to any requestor 11 27 except the department or other local, state, or federal 11 28 government entity. Moneys collected under this section shall 11 29 be transferred to the department as a repayment receipt, as 11 30 defined in section 8.2, to enhance the efficiency of the 11 31 department to process records and information between the 11 32 department and the Iowa court information system. 11 33 Sec. 24. Section 321.555, subsection 1, Code 1997, is 11 34 amended by adding the following new paragraphs: 11 35 NEW PARAGRAPH. g. Eluding or attempting to elude a 12 1 pursuing law enforcement vehicle in violation of section 12 2 321.279. 12 3 NEW PARAGRAPH. h. Serious injury by a vehicle in 12 4 violation of section 707.6A, subsection 3. 12 5 Sec. 25. Section 321E.8, subsection 4, Code 1997, is 12 6 amended by striking the subsection. 12 7 Sec. 26. Section 321E.9, subsection 2, Code 1997, is 12 8 amended to read as follows: 12 9 2. Vehicles with indivisible loads exceeding the width, 12 10 length, and total gross weight provided in subsection 1, may 12 11 be moved in special or emergency situations, provided the 12 12 permitting authority has reviewed the route and has approved 12 13 the movement of the vehicle and load.The vehicle and load12 14shall be accompanied by an escort as required by rules adopted12 15pursuant to chapter 17A.The issuing authority may impose any 12 16 special restrictions as deemed necessary on movements or 12 17 exempt movements from the restrictions of section 321E.11 by 12 18 permit under this subsection. 12 19 Sec. 27. Section 321E.9, subsection 3, Code 1997, is 12 20 amended by striking the subsection. 12 21 Sec. 28. Section 321E.11, unnumbered paragraph 1, Code 12 22 1997, is amended to read as follows: 12 23 Movements by permit in accordance with this chapter shall 12 24 be permitted only during the hours from thirty minutes prior 12 25 to sunrise to thirty minutes following sunset unless the 12 26 issuing authority determines that the movement can be better 12 27 accomplished at another period of time because of traffic 12 28 volume conditions or the vehicle subject to the permit has an 12 29 overall length not to exceed one hundred feet, an overall 12 30 width not to exceed eleven feet, and an overall height not to 12 31 exceed fourteen feet, four inches, and the permit requires the 12 32 vehicle to operate only on those highways designated by the 12 33 department. Additional safety lighting and escorts may be 12 34 required for movement at night. 12 35 Sec. 29. NEW SECTION. 321E.34 ESCORT REQUIREMENTS. 13 1 1. An operator of an escort vehicle, serving as an escort 13 2 in the movement of vehicles and loads of excess size and 13 3 weight under permits required by this chapter shall have a 13 4 motor vehicle license as defined in section 321.1 valid for 13 5 the operation of the escort vehicle. 13 6 2. Vehicles under permit, the width of which, including 13 7 any load, exceeds that prescribed in section 321.454 but does 13 8 not exceed fourteen feet six inches including appurtenances, 13 9 may be moved on two-lane highways of this state without an 13 10 escort if the highway being traversed has a minimum lane width 13 11 of twelve feet and a sufficient shoulder width and if an amber 13 12 revolving light or strobe light is displayed on the power unit 13 13 and on the rear extremity of the vehicle or load. In 13 14 addition, vehicles moving under permit, including any load, 13 15 with an overall width not exceeding sixteen feet six inches 13 16 may be moved on an interstate or four-lane highway of this 13 17 state without an escort if an amber revolving light or strobe 13 18 light is displayed on the power unit and on the rear extremity 13 19 of the vehicle or load. 13 20 3. The department shall adopt rules pursuant to chapter 13 21 17A for all escort requirements other than those exempted in 13 22 subsection 2. The rules shall include escorting requirements 13 23 for annual permits, single-trip permits, multitrip permits, 13 24 special or emergency situations, length, height, and weight. 13 25 Sec. 30. Section 321J.13, subsection 3, Code 1997, is 13 26 amended to read as follows: 13 27 3. After the hearing the department shall order that the 13 28 revocation be either rescinded or sustained. Upon receipt of 13 29 the decision of the department to sustain a revocation, the 13 30 person contesting the revocation has ten days to file a 13 31 request for review of the decision by the director. The 13 32 director or the director's designee shall review the decision 13 33 withinfifteenthirty days and shall either rescind or sustain 13 34 the revocation or order a new hearing. If the director orders 13 35 a new hearing, the department shall grant the person a new 14 1 hearing within twenty days of the director's order. 14 2 Sec. 31. Section 321J.13, subsection 4, Code 1997, is 14 3 amended by striking the subsection. 14 4 Sec. 32. NEW SECTION. 325A.1 DEFINITIONS. 14 5 As used in this chapter: 14 6 1. "Department" means the state department of 14 7 transportation. 14 8 2. "Highway" means a street, road, bridge, or thoroughfare 14 9 of any kind in this state. 14 10 3. "Interstate motor carrier number" means a United States 14 11 department of transportation number or motor carrier number 14 12 issued by the federal highway administration. 14 13 4. "Intrastate" means a movement of property or passengers 14 14 from one location to another within this state. "Intrastate" 14 15 does not include transportation of property or passengers 14 16 which is a furtherance of an interstate movement. 14 17 5. "Motor carrier" means a person defined in subsection 7, 14 18 8, or 9. 14 19 6. "Motor carrier certificate" means a certificate issued 14 20 by the department to any person transporting passengers on any 14 21 highway of this state for hire. This certificate is 14 22 transferable. 14 23 7. "Motor carrier of household goods" means a person 14 24 engaged in the transportation, for hire, of personal effects 14 25 and property used or to be used in a dwelling, and includes 14 26 the following: 14 27 a. Furniture, fixtures, equipment and the property of 14 28 stores, offices, museums, institutions, hospitals, or other 14 29 establishments when a part of the stock, equipment, or supply 14 30 of such establishment; except, this paragraph shall not be 14 31 construed to include the stock-in-trade of any establishment, 14 32 except when transported as an incident to the removal of the 14 33 establishment from one location to another. 14 34 b. Articles including objects of art, displays, and 14 35 exhibits, which because of their unusual nature or value, 15 1 require the specialized handling and equipment usually 15 2 employed in moving household goods. 15 3 8. "Motor carrier of liquid commodities" means a person 15 4 engaged in the transportation, for hire, of liquid commodities 15 5 or compressed gases in bulk upon any highway in this state. 15 6 9. "Motor carrier of property" means a person engaged in 15 7 the transportation, for hire, of property by motor vehicle. 15 8 10. "Motor carrier permit" means a permit issued by the 15 9 department to any person operating any motor vehicle on any 15 10 highway of this state to transport property for hire. A motor 15 11 carrier permit is not transferable unless it was issued to a 15 12 motor carrier of household goods. 15 13 11. "Motor vehicle" means an automobile, motor truck, 15 14 truck tractor, road tractor, motor bus, or other self- 15 15 propelled vehicle, or a trailer, semitrailer, or other device 15 16 used in connection with the transportation of property or 15 17 passengers. "Motor vehicle" does not include a motor vehicle 15 18 owned by a school district or used exclusively in conveying 15 19 school children to and from school or school activities. 15 20 12. "Private carrier" means a person who provides 15 21 transportation of property or passengers by motor vehicle, is 15 22 not a for-hire motor carrier, or transports commodities of 15 23 which the person is the owner, lessee, or bailee and the 15 24 transportation is a furtherance of the person's primary 15 25 business or occupation. 15 26 13. "Transportation for-hire" means all transportation of 15 27 property or passengers made available by a person for 15 28 compensation. 15 29 Sec. 33. NEW SECTION. 325A.2 DUTIES OF DEPARTMENT. 15 30 The department shall do all of the following: 15 31 1. Prescribe and enforce safety and financial 15 32 responsibility regulations for motor carriers and require the 15 33 filing of reports regarding safety and financial 15 34 responsibility. 15 35 2. Approve a tariff for motor carriers of household goods. 16 1 3. Issue, amend, suspend, or revoke motor carrier permits 16 2 and certificates. 16 3 Sec. 34. NEW SECTION. 325A.3 APPLICATION AND ISSUANCE OF 16 4 PERMIT OR CERTIFICATE. 16 5 1. Upon the filing of an application by a motor carrier 16 6 and compliance with the terms and conditions of this chapter, 16 7 the department shall issue to the applicant a permit or 16 8 certificate. The actual operation by a motor carrier of a 16 9 motor vehicle shall not begin without the permit or 16 10 certificate being issued by the department. 16 11 2. All applications shall be in writing and contain the 16 12 following: 16 13 a. The name and tax identification number of the person 16 14 making the application. 16 15 b. The applicant's principal place of business. 16 16 c. The type of permit or certificate being requested. 16 17 d. A signed statement agreeing to comply with all 16 18 applicable safety regulations as prescribed by the department. 16 19 e. A copy of all existing tariffs provided to the 16 20 department for approval by motor carriers of household goods. 16 21 f. A financial statement completed by motor carriers of 16 22 liquid commodities or passengers from which the department can 16 23 determine the financial fitness of the applicant to engage in 16 24 the transport of liquid commodities or passengers. 16 25 g. A sponsor certification of support statement provided 16 26 by charter carriers establishing a need for the proposed 16 27 service. 16 28 h. A verification of liability and property damage 16 29 insurance coverage as required in section 325A.6, in a form 16 30 prescribed by the department. 16 31 3. The provisions of subsection 2, paragraph "f" and 16 32 subsection 4, shall not apply to the transportation of dairy 16 33 products. 16 34 4. Motor carriers of liquid commodities or passengers 16 35 shall complete a motor carrier safety education seminar 17 1 provided by or approved by the department. This seminar must 17 2 be completed within six months of the permit or certificate 17 3 issuance. 17 4 Sec. 35. NEW SECTION. 325A.4 FEES. 17 5 1. The department shall charge the following fees: 17 6 a. One hundred fifty dollars for a new application. 17 7 b. One hundred fifty dollars for a reinstatement. 17 8 c. Twenty-five dollars to change an address or name. 17 9 d. Ten dollars for tariff updates. 17 10 e. One hundred fifty dollars to transfer a passenger 17 11 certificate. 17 12 f. Twenty-five dollars for a duplicate permit or 17 13 certificate. 17 14 2. Changes in ownership of motor carrier permits require a 17 15 new application and the new application fee of one hundred 17 16 fifty dollars shall be assessed. 17 17 3. The department shall collect a fee of two hundred 17 18 dollars to cover the cost of the motor carrier safety 17 19 education seminar. 17 20 Sec. 36. NEW SECTION. 325A.5 FEES – CREDITED TO ROAD 17 21 USE TAX FUND – SEMINAR RECEIPTS. 17 22 All fees received for applications and permits or 17 23 certificates under this chapter shall be remitted to the 17 24 treasurer of state and credited to the road use tax fund. All 17 25 fees collected for the motor carrier safety education seminar 17 26 shall be considered a repayment receipt as defined in section 17 27 8.2, and shall be remitted to the department to be used to pay 17 28 for the seminars. 17 29 Sec. 37. NEW SECTION. 325A.6 INSURANCE. 17 30 All motor carriers subject to this chapter shall have 17 31 minimum insurance coverage which meets the limits established 17 32 in the federal motor carrier safety regulations in 49 C.F.R. 17 33 ch. 387. 17 34 Sec. 38. NEW SECTION. 325A.7 CHARGES. 17 35 All charges filed under the tariff by any motor carrier of 18 1 household goods for any service shall be just, reasonable, and 18 2 nondiscriminating and every unjust, unreasonable, or 18 3 discriminating charge for such service or any part thereof is 18 4 prohibited and declared unlawful. 18 5 Sec. 39. NEW SECTION. 325A.8 REQUIRED MARKING. 18 6 The motor carrier shall attach distinctive markings or tags 18 7 to each motor vehicle. If a motor vehicle has both an 18 8 interstate and intrastate motor carrier number, only the 18 9 interstate motor carrier number must be displayed. 18 10 If a motor carrier is renting a vehicle on a daily basis, a 18 11 copy of the lease must be carried in the vehicle. Violation 18 12 of this section is a scheduled violation subject to the fine 18 13 provided in section 805.8, subsection 2, paragraph "ad". 18 14 Sec. 40. NEW SECTION. 325A.9 ADVERTISING. 18 15 An advertisement to the general public concerning for-hire 18 16 transportation must include the permit or motor carrier 18 17 certificate number issued under this chapter. 18 18 Sec. 41. NEW SECTION. 325A.10 RULES FOR OPERATION. 18 19 The department shall adopt rules pursuant to chapter 17A as 18 20 necessary to govern and control the operation, maintenance, 18 21 and inspection of vehicles covered by this chapter upon the 18 22 highways. 18 23 Sec. 42. NEW SECTION. 325A.11 PASSENGER TRANSPORTATION. 18 24 In addition to the requirements of subchapter 1, motor 18 25 carriers of passengers and charter carriers shall comply with 18 26 the requirements of this subchapter. 18 27 Sec. 43. NEW SECTION. 325A.12 DEFINITIONS. 18 28 As used in this subchapter: 18 29 1. "Car pool" means transportation of a group of at least 18 30 two riders in a motor vehicle having a seating capacity of not 18 31 more than eight passengers between a rider's, owner's, or 18 32 operator's residence or other designated location and a 18 33 rider's, owner's, or operator's place of employment or other 18 34 common destination of the group, if the motor vehicle is 18 35 driven by one of the members of the group. 19 1 2. "Charter" means an agreement whereby the owner of a 19 2 motor vehicle lets the motor vehicle to a group of persons as 19 3 one party for a specified sum and for a specified act of 19 4 transportation at a specified time and over an irregular 19 5 route. 19 6 3. "Charter carrier" means a person engaged in the 19 7 business of transporting the public by motor vehicle under 19 8 charter. "Charter carrier" does not include any of the 19 9 following: 19 10 a. Taxicabs with a seating capacity of not more than eight 19 11 passengers, or persons having a license, contract, or 19 12 franchise with an Iowa city to carry or transport passengers 19 13 for-hire while operating within the guidelines of the license, 19 14 contract, or franchise. 19 15 b. A city engaged in the business of carrying or 19 16 transporting passengers for-hire over regular routes. 19 17 c. School bus operators when engaged in transportation 19 18 involving any school activity. 19 19 d. A regular-route motor carrier of passengers. 19 20 4. "Regional transit system" means a public transit system 19 21 serving one county or all or part of a multicounty area whose 19 22 boundaries correspond to the same boundaries as those of the 19 23 regional planning areas designated by the governor except as 19 24 agreed upon by the county or the department. Each county 19 25 board of supervisors within the region is responsible for 19 26 determining the service and funding within its county. 19 27 However, the administration and overhead support services for 19 28 the overall regional transit system shall be consolidated into 19 29 one existing or new agency to be mutually agreed upon by the 19 30 participating members. Privately chartered bus services and 19 31 uses other than providing services that are open and public on 19 32 a shared-ride basis shall not be construed to be a regional 19 33 transit system. 19 34 5. "Regular-route motor carrier of passengers" means a 19 35 person engaged in the for-hire transportation of passengers by 20 1 motor vehicle over regular routes by scheduled service and 20 2 available to the general public. 20 3 6. "Van pool" means transportation of a group of riders in 20 4 a vehicle having a seating capacity of not less than eight 20 5 passengers and not more than fifteen passengers between a 20 6 rider's, owner's, or operator's residence or other designated 20 7 location and a rider's, owner's, or operator's place of 20 8 employment or other common destination of the group, if the 20 9 vehicle is driven by one of the members of the group. 20 10 Sec. 44. NEW SECTION. 325A.13 CERTIFICATE OF CONVENIENCE 20 11 AND NECESSITY AND REGULAR-ROUTE PASSENGER CERTIFICATE. 20 12 1. It is unlawful for a charter carrier to transport 20 13 passengers by motor vehicle for hire from any point or place 20 14 in this state to another place in this state irrespective of 20 15 the route or highway traversed, without first having obtained 20 16 from the department a certificate declaring that public 20 17 convenience and necessity require the operation. 20 18 2. a. It is unlawful for a regular-route motor carrier of 20 19 passengers to transport passengers for-hire upon the highways 20 20 of this state in intrastate commerce without first having 20 21 obtained from the department a regular-route passenger 20 22 certificate. The department shall issue a regular-route 20 23 passenger certificate without hearing, if the department finds 20 24 that the applicant is fit, willing, and able. 20 25 b. In determining whether a regular-route motor carrier of 20 26 passengers is fit, willing, and able, the department shall 20 27 only consider the applicant's compliance with safety, 20 28 financial fitness, and insurance requirements. 20 29 c. A regular-route passenger certificate authorizing the 20 30 transportation of passengers includes the authority to 20 31 transport newspapers, baggage of passengers, express packages, 20 32 or mail in the same motor vehicle with passengers. 20 33 d. A regular-route motor carrier of passengers holding a 20 34 regular-route passenger certificate may at any time commence 20 35 scheduled service over any regular route from any point or 21 1 place in this state to another place in this state 21 2 irrespective of the route or highway traversed and may at any 21 3 time discontinue any part of its regular-route service. 21 4 e. A regular-route motor carrier of passengers granted a 21 5 certificate prior to the effective date of this Act, which 21 6 authorized motor carrier passenger operations, may continue to 21 7 provide motor carrier passenger service with all rights and 21 8 privileges granted by a regular-route passenger certificate 21 9 issued under this section. 21 10 f. A regular-route motor carrier of passengers shall not 21 11 operate as a charter carrier in this state unless it possesses 21 12 a certificate of convenience and necessity to engage in the 21 13 business of a charter carrier. 21 14 g. An Iowa urban transit system as defined in section 21 15 452A.57, subsection 6, may operate within the metropolitan 21 16 area which it serves and between its service area and another 21 17 city which is located not more than ten miles from its service 21 18 area without obtaining a regular-route passenger certificate 21 19 if the other city is not served by another motor carrier of 21 20 passengers operating under a regular-route passenger 21 21 certificate. 21 22 3. A motor carrier providing primarily passenger service 21 23 for elderly, handicapped, and other transportation- 21 24 disadvantaged persons is exempt from the certification 21 25 requirements of this section if it satisfies all of the 21 26 following requirements: 21 27 a. The motor carrier is not a corporation organized for- 21 28 profit under the laws of Iowa or any other state or the motor 21 29 carrier is a governmental organization. 21 30 b. The motor carrier received or receives operating funds 21 31 from federal, state, or local government sources. 21 32 c. The motor carrier does not duplicate a transportation 21 33 service provided by a motor carrier issued a regular-route 21 34 passenger certificate. 21 35 4. A person operating a motor vehicle in a car pool or van 22 1 pool is exempt from the requirement of this chapter. 22 2 5. Except for a person operating a car pool or van pool, 22 3 each motor carrier exempt from the requirement for obtaining a 22 4 certificate under this section shall obtain a nontransferable 22 5 permit from the department. Such motor carriers shall comply 22 6 with all safety, insurance, and other rules of the department 22 7 pertaining to a publicly funded transit system. 22 8 Sec. 45. NEW SECTION. 325A.15 APPLICATION FOR 22 9 CERTIFICATE. 22 10 All applications for a charter carrier or regular-route 22 11 passenger certificate shall be in writing and, in addition to 22 12 any other information required by this chapter, shall contain 22 13 all of the following: 22 14 1. A complete description of the area in which the 22 15 applicant proposes to operate. 22 16 2. An applicant for a regular-route passenger certificate, 22 17 in lieu of the information required by subsection 1, shall 22 18 indicate that statewide regular-route passenger authority is 22 19 being sought. 22 20 Sec. 46. NEW SECTION. 325A.16 PROTESTS AGAINST 22 21 APPLICATIONS. 22 22 1. Upon the filing of the application, the department 22 23 shall publish a notice to the citizens of each county in which 22 24 the proposed motor carrier passenger service will be rendered. 22 25 The notice shall be published once in a newspaper of general 22 26 circulation in each county. 22 27 2. Any person, city, or county whose rights or interests 22 28 may be affected may file written objections to the proposed 22 29 service with the department. 22 30 3. An objection filed against the granting of an 22 31 application shall state specifically the grounds upon which it 22 32 is made and contain a concise statement of the interest of the 22 33 person filing the objection in the proceeding. 22 34 4. An objection shall be filed with the department not 22 35 later than thirty days from the date of the publication of 23 1 notice. 23 2 5. Upon receipt of an objection complying with subsection 23 3 3, the department shall request the department of inspections 23 4 and appeals to set the matter for hearing not less than ten 23 5 days following the expiration of the time in which objections 23 6 may be made. The department of inspections and appeals shall 23 7 give notice to all persons who have filed objections of the 23 8 time and place of the hearing. 23 9 6. This section applies to all intrastate motor carriers 23 10 of passengers except regular-route motor carriers of 23 11 passengers. 23 12 Sec. 47. NEW SECTION. 325A.17 RULES OF PROCEDURE. 23 13 The department shall adopt rules pursuant to chapter 17A 23 14 establishing the procedure to be followed in the filing of 23 15 applications for a motor carrier passenger certificate and the 23 16 department of inspections and appeals shall adopt rules 23 17 pursuant to chapter 17A for the conduct of hearings regarding 23 18 objections by other persons to the issuance of a motor carrier 23 19 certificate to an applicant. 23 20 Sec. 48. NEW SECTION. 325A.18 UNCONTESTED CASE 23 21 PROCEDURE. 23 22 If an objection is not filed, the department shall consider 23 23 the application and any relevant evidence in determining 23 24 whether to grant the certificate requested in the application. 23 25 Sec. 49. NEW SECTION. 325A.19 GRANTING APPLICATION – 23 26 RESTRICTIONS. 23 27 The department may grant the application in whole or in 23 28 part upon terms and restrictions established by the 23 29 department. However, no condition or restriction on a 23 30 regular-route passenger certificate shall be established, and 23 31 all regular-route passenger certificates shall grant statewide 23 32 regular-route passenger authority. The actual operation shall 23 33 not begin without a written statement of approval from the 23 34 department to the effect that the applicant has complied with 23 35 applicable safety provisions. 24 1 If a certificate is granted to a charter carrier, the 24 2 department may attach to the exercise of the rights conferred 24 3 by the certificate such terms and conditions as in its 24 4 judgment the public convenience and necessity require. 24 5 Sec. 50. NEW SECTION. 325A.20 EXPENSE OF HEARING. 24 6 The applicant and any persons objecting to the granting of 24 7 a certificate to the applicant shall split equally and pay all 24 8 the costs of the hearing before the application is granted. 24 9 The department of inspections and appeals shall establish 24 10 appropriate fees which shall be paid to the department of 24 11 inspections and appeals. 24 12 Sec. 51. NEW SECTION. 325A.21 REVIEW. 24 13 A decision of the department of inspections and appeals is 24 14 subject to review by the state department of transportation. 24 15 Judicial review of the decisions and actions of the state 24 16 department of transportation may be sought in accordance with 24 17 chapter 17A. A petitioner shall file with the clerk of the 24 18 district court a bond for costs in the sum of not less than 24 19 five hundred dollars. 24 20 Sec. 52. NEW SECTION. 325A.22 TRANSFER OF CERTIFICATE. 24 21 1. A certificate of convenience and necessity shall not be 24 22 sold, transferred, leased, or assigned and a contract or 24 23 agreement with reference to or affecting a certificate shall 24 24 not be entered into without the written approval of the 24 25 department. The department may request the department of 24 26 inspections and appeals to hold a hearing regarding the 24 27 transfer of the certificate. The state department of 24 28 transportation shall approve the sale, transfer, lease, or 24 29 assignment upon a finding by the department of inspections and 24 30 appeals that there has been continuous service under the 24 31 certificate for at least ninety days prior to the transfer, 24 32 that the transferee is fit, willing, and able to perform the 24 33 operations authorized by the certificate, and that the 24 34 transfer is consistent with the public interest. Pending 24 35 determination of an application filed with the department for 25 1 approval of a sale, transfer, lease, or assignment, the 25 2 department may grant temporary approval of the proposed 25 3 operation upon a finding of good cause. 25 4 2. A regular-route passenger certificate shall not be 25 5 sold, transferred, leased, or assigned without the approval of 25 6 the department. The department shall approve the sale, 25 7 transfer, lease, or assignment if the person obtaining or 25 8 seeking to obtain ownership or control of a certificate is 25 9 found to be fit, willing, and able to perform the service 25 10 proposed. In determining the fitness of the person seeking 25 11 transfer of the certificate, the department shall consider 25 12 only the person's compliance with safety, financial fitness, 25 13 and insurance requirements. 25 14 Sec. 53. NEW SECTION. 325A.23 RIDING ON OUTSIDE PART. 25 15 Passengers shall not ride on the running boards, fenders, 25 16 or on any other outside part of passenger-carrying motor 25 17 vehicles. 25 18 Sec. 54. NEW SECTION. 325A.24 AMEND, SUSPEND, OR REVOKE 25 19 PERMIT OR CERTIFICATE. 25 20 The department may, in addition to other penalties, revoke 25 21 or suspend the permit or certificate of a motor carrier for a 25 22 violation of this chapter or a rule adopted under this 25 23 chapter. For flagrant or persistent violations of safety or 25 24 hazardous materials rules by the holder of a permit or 25 25 certificate or the holder's agent, the department may suspend 25 26 the permit or certificate of necessity until the rules adopted 25 27 by the department are complied with, or the department may 25 28 revoke the permit or certificate for continued noncompliance. 25 29 Sec. 55. NEW SECTION. 325A.25 SCHEDULED FINES – 25 30 PENALTY. 25 31 A person who violates this chapter or a rule adopted 25 32 pursuant to this chapter for which a penalty is not otherwise 25 33 established, or who aids or abets a person in a failure to 25 34 comply with this chapter or a rule adopted pursuant to this 25 35 chapter, is subject to the fine provided in section 805.8, 26 1 subsection 2, paragraph "ad". 26 2 Sec. 56. NEW SECTION. 325A.26 CERTIFICATES PRIOR TO 26 3 JANUARY 1, 1998. 26 4 1. A certificate or permit, or both, which was issued 26 5 under chapter 325, before January 1, 1998, and which 26 6 authorized a person to transport property in intrastate 26 7 commerce by motor vehicle as a common carrier or contract 26 8 carrier, or both, is void. However, to the extent a 26 9 certificate or permit, or portion of a certificate or permit, 26 10 authorized a person to transport household goods over 26 11 irregular routes or passengers in intrastate commerce, this 26 12 subsection does not apply. 26 13 2. A person who owned a certificate or permit, or both, 26 14 that was a valid certificate or permit, or both, on December 26 15 31, 1997, is deemed to have a valid certificate or permit, 26 16 unless the person's certificate or permit has been suspended, 26 17 revoked, or transferred to another person as provided by law. 26 18 A person deemed to have a valid certificate or permit under 26 19 this subsection is not required to file an application 26 20 pursuant to section 325A.3 to continue providing intrastate 26 21 transportation, but rather, upon such person's compliance with 26 22 the requirements of section 325A.3, subsection 2, the person 26 23 is deemed to have a valid certificate or permit in force as 26 24 required pursuant to section 325A.3, subsection 1, authorizing 26 25 the person to transport property except household goods in 26 26 intrastate commerce on the public highways, unless the 26 27 person's certificate or permit is suspended, revoked, or 26 28 transferred to another person as provided by law. Within a 26 29 reasonable time after January 1, 1998, the department shall 26 30 issue certificates or permits to all persons who are deemed to 26 31 be qualified under this subsection. 26 32 Sec. 57. Section 422.45, Code 1997, is amended by adding 26 33 the following new subsection: 26 34 NEW SUBSECTION. 7A. The refund of sales and use tax paid 26 35 on transportation construction projects let by the state 27 1 department of transportation are subject to the special 27 2 provisions of this subsection. 27 3 a. A contractor awarded a contract for a transportation 27 4 construction project is considered the consumer of all 27 5 building materials, building supplies and equipment and shall 27 6 pay sales tax to the supplier or remit consumer use tax 27 7 directly to the department. 27 8 b. The contractor is not required to file information with 27 9 the department of transportation stating the amount of goods, 27 10 wares, or merchandise, or services rendered, furnished, or 27 11 performed and used in the performance of the contract or the 27 12 amount of sales or use tax paid. 27 13 c. The department of transportation shall file a refund 27 14 claim based on a formula that considers the following: 27 15 (1) The quantity of material to complete the contract, and 27 16 quantities of items of work. 27 17 (2) The estimated cost of these materials included in the 27 18 items of work, and the state sales or use tax to be paid on 27 19 the tax rate in effect in section 422.43. 27 20 The quantity of materials shall be determined after each 27 21 letting based on the contract quantities of all items of work 27 22 let to contract. The quantity of individual component 27 23 materials required for each item shall be determined and 27 24 maintained in a database. The total quantities of materials 27 25 shall be determined by multiplying the quantities of component 27 26 materials for each contract item of work by the total 27 27 quantities of each contract item for each letting. Where 27 28 variances exist in the cost of materials, the lowest cost 27 29 shall be used as the base cost. 27 30 d. Only the state sales or use tax is refundable. Local 27 31 option taxes paid by the contractor are not refundable. 27 32 Sec. 58. Section 805.8, subsection 2, Code 1997, is 27 33 amended by adding the following new paragraph: 27 34 NEW PARAGRAPH. ad. For violation of section 325A.8, the 27 35 scheduled fine is fifty dollars. For violation of chapter 28 1 325A, other than a violation of section 325A.8, the scheduled 28 2 fine is two hundred fifty dollars. 28 3 Sec. 59. Section 805.8, subsection 2A, Code 1997, is 28 4 amended to read as follows: 28 5 2A. MOVING TRAFFIC VIOLATIONS –CONSTRUCTIONROAD WORK 28 6 ZONES. The scheduled fine for any moving traffic violations 28 7 under chapter 321 as provided in this section shall be doubled 28 8or shall be set at one hundred dollars, whichever is less,if 28 9 the violation occurs within any roadconstructionwork zone, 28 10 as defined in section 321.1. 28 11 Sec. 60. 28 12 1. Chapters 325, 327, and 327A, Code 1997, are repealed. 28 13 2. Section 321E.26, Code 1997, is repealed. 28 14 Sec. 61. EFFECTIVE AND IMPLEMENTATION DATES. 28 15 1. Sections 12, 32 through 56, 58, and 60, subsection 1, 28 16 of this Act take effect January 1, 1998. 28 17 2. Section 6 of this Act, being deemed of immediate 28 18 importance, takes effect upon enactment. 28 19 28 20 28 21 28 22 RON J. CORBETT 28 23 Speaker of the House 28 24 28 25 28 26 28 27 MARY E. KRAMER 28 28 President of the Senate 28 29 28 30 I hereby certify that this bill originated in the House and 28 31 is known as House File 704, Seventy-seventh General Assembly. 28 32 28 33 28 34 28 35 ELIZABETH ISAACSON 29 1 Chief Clerk of the House 29 2 Approved , 1997 29 3 29 4 29 5 29 6 TERRY E. BRANSTAD 29 7 Governor
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