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PAG LIN 1 1 DIVISION I 1 2 STATE FUNCTIONAL CLASSIFICATION SYSTEM 1 3 Section 1. Section 306.3, Code 1997, is amended by 1 4 striking the section and inserting in lieu thereof the 1 5 following: 1 6 306.3 DEFINITION THROUGHOUT CODE. 1 7 As used in this chapter or in any chapter of the Code 1 8 relating to highways: 1 9 1. "Area service" or "area service system" means those 1 10 secondary roads that are not part of the farm-to-market road 1 11 system. 1 12 2. "County conservation parkways" or "county conservation 1 13 parkway system" means those parkways located wholly within the 1 14 boundaries of county lands operated as parks, forests, or 1 15 public access areas. 1 16 3. "Farm-to-market roads" or "farm-to-market road system" 1 17 means those county jurisdiction intracounty and intercounty 1 18 roads which serve principal traffic generating areas and 1 19 connect such areas to other farm-to-market roads and primary 1 20 roads. The farm-to-market road system includes those county 1 21 jurisdiction roads providing service for short-distance 1 22 intracounty and intercounty traffic or providing connections 1 23 between farm-to-market roads and area service roads, and 1 24 includes those secondary roads which are federal aid eligible. 1 25 The farm-to-market road system shall not exceed thirty-five 1 26 thousand miles. 1 27 4. "Interstate roads" or "interstate road system" means 1 28 those roads and streets of the primary road system that are 1 29 designated by the secretary of the United States department of 1 30 transportation as the national system of interstate and 1 31 defense highways in Iowa. 1 32 5. "Municipal street system" means those streets within 1 33 municipalities that are not primary roads. 1 34 6. "Primary roads" or "primary road system" means those 1 35 roads and streets both inside and outside the boundaries of 2 1 municipalities which are under department jurisdiction. 2 2 7. "Public road right-of-way" means an area of land, the 2 3 right to possession of which is secured or reserved by the 2 4 state or a governmental subdivision for roadway purposes. The 2 5 right-of-way for all secondary roads is sixty-six feet in 2 6 width, unless otherwise specified by the county board of 2 7 supervisors of the respective counties. 2 8 8. "Road" or "street" means the entire width between 2 9 property lines through private property or the designated 2 10 width through public property of every way or place of 2 11 whatever nature if any part of such way or place is open to 2 12 the use of the public, as a matter of right, for purposes of 2 13 vehicular traffic. 2 14 9. "Secondary roads" or "secondary road system" means 2 15 those roads under county jurisdiction. 2 16 10. "State park, state institution, and other state land 2 17 road system" consists of those roads and streets wholly within 2 18 the boundaries of state lands operated as parks, or on which 2 19 institutions or other state governmental agencies are located. 2 20 Sec. 2. Section 306.5, Code 1997, is amended by striking 2 21 the section and inserting in lieu thereof the following: 2 22 306.5 CONTINUITY OF FARM-TO-MARKET ROAD SYSTEM IN 2 23 MUNICIPALITIES, PARKS, AND INSTITUTIONS. 2 24 The farm-to-market road system shall be a continuous 2 25 interconnected system and provision shall be made for 2 26 continuity by the designation of extensions within 2 27 municipalities, state parks, state institutions, other state 2 28 lands, and county parks and conservation areas. The mileage 2 29 of such extensions of the system shall be included in the 2 30 total mileage of the farm-to-market road system. 2 31 Sec. 3. Section 306.6, Code 1997, is amended by striking 2 32 the section and inserting in lieu thereof the following: 2 33 306.6 FARM-TO-MARKET REVIEW BOARD. 2 34 A farm-to-market review board is created. Members shall be 2 35 appointed by the Iowa county engineers association. This 3 1 board shall select a chairperson from among its members by 3 2 majority vote of the total membership. 3 3 The farm-to-market review board shall review any and all 3 4 farm-to-market system modification proposals. The farm-to- 3 5 market review board shall make final administrative 3 6 determinations based on sound farm-to-market road system 3 7 designation principles for all modifications relative to the 3 8 farm-to-market road system. 3 9 Sec. 4. NEW SECTION. 306.6A FARM-TO-MARKET ROAD SYSTEM 3 10 MODIFICATIONS. 3 11 1. Modifications to the existing farm-to-market road 3 12 system and designation of farm-to-market routes on new 3 13 alignment shall be accomplished in accordance with procedural 3 14 rules adopted by the farm-to-market review board, subject to 3 15 the following procedures: 3 16 a. Counties shall initiate system modifications by 3 17 submitting a resolution from the board of supervisors to the 3 18 department. 3 19 b. The department shall submit the resolution to the farm- 3 20 to-market review board and provide additional material as 3 21 requested by the board. 3 22 c. Upon receipt of a county's resolution requesting a 3 23 farm-to-market system modification, the farm-to-market review 3 24 board shall review the proposed system modification and shall 3 25 consider, but not be limited to consideration of, the 3 26 following factors: 3 27 (1) Intracounty and intercounty continuity of systems. 3 28 (2) Properly integrated systems. 3 29 (3) Existing and potential traffic. 3 30 (4) Land use. 3 31 (5) Location. 3 32 (6) Equitable distribution of farm-to-market mileage among 3 33 the counties. 3 34 2. Upon completion of the review process, the farm-to- 3 35 market review board may do any of the following: 4 1 a. Approve the requested modifications to the farm-to- 4 2 market road system and submit the modifications to the 4 3 department for processing. 4 4 b. Deny the requested modifications. 4 5 c. Request additional information for further review. 4 6 Sec. 5. Section 306.8, Code 1997, is amended by striking 4 7 the section and inserting in lieu thereof the following: 4 8 306.8 TRANSFER OF JURISDICTION. 4 9 Prior to a change in jurisdiction of a road or street, the 4 10 unit of government having jurisdiction shall either place the 4 11 road or street and any structures on the road or street in 4 12 good repair or provide for the transfer of money to the 4 13 appropriate jurisdiction in an amount sufficient for the 4 14 repairs to the road or street and any structures on the road 4 15 or street. 4 16 Transfers of the jurisdiction and control of roads and 4 17 streets may take place if agreements are entered into between 4 18 the jurisdictions of government involved in the transfer of 4 19 such roads and streets. 4 20 Sec. 6. Section 306.9, unnumbered paragraph 3, Code 1997, 4 21 is amended to read as follows: 4 22 It is the policy of the state of Iowa thaton construction4 23of roads classified as freeway-expressway and which arein 4 24 constructing primary highways designed with four-lane divided 4 25 roadways, access controls shall be limited to the minimum 4 26 level necessary, as determined by the department, to ensure 4 27 the safe and efficient movement of traffic or to comply with 4 28 federal aid requirements. 4 29 Sec. 7. Section 307A.2, subsection 11, Code 1997, is 4 30 amended to read as follows: 4 31 11. Construct, reconstruct, improve, and maintain state 4 32 institutional roads and state park roads, which are part of 4 33 the state park, state institution, and other state land road 4 34 system as defined in section 306.3, and bridges on such roads, 4 35 roads located on state fairgrounds as defined in chapter 173, 5 1 and the roads and bridges located on community college 5 2 property as defined in chapter 260C, upon the request of the 5 3 state board, department, or commission which has jurisdiction 5 4 over such roads. This shall be done in such manner as may be 5 5 agreed upon by the state transportation commission and the 5 6 state board, department, or commission which has jurisdiction. 5 7 The commission may contract with any county or municipality 5 8 for the construction, reconstruction, improvement, or 5 9 maintenance of such roads and bridges. Any state park road 5 10 which is an extension of either a primary or secondary highway 5 11 which both enters and exits from a state park at separate 5 12 points shall be constructed, reconstructed, improved, and 5 13 maintained as provided in section 306.4. Funds allocated from 5 14 the road use tax fund for the purposes of this subsection 5 15 shall be apportioned in the ratio that the needs of the state 5 16institutioninstitutional roads and bridges, park roads and 5 17 bridges, or community college roads and bridges bear to the 5 18 total needs of these facilities based upon the most recent 5 19 quadrennial park and institution need study. The commission 5 20 shall conduct a study of the road and bridge facilities in 5 21 state parks, state institutions, state fairgrounds, and on 5 22 community college property. The study shall evaluate the 5 23 construction and maintenance needs and projected needs based 5 24 upon estimated growth for each type of facility to provide a 5 25 quadrennially updated standard upon which to allocate funds 5 26 appropriated for the purposes of this subsection. 5 27 Sec. 8. Section 308.9, subsection 1, Code 1997, is amended 5 28 to read as follows: 5 29 1. When, as a result of its investigations and studies, 5 30 the state transportation commission, in co-operation with the 5 31 department of natural resources, finds that there may be a 5 32 need in the future for the development and construction or 5 33 reconstruction of segments of the great river road, and when 5 34 the state transportation commission determines that in order 5 35 to prevent conflicting costly economic development on areas of 6 1 lands to be available for the great river road when needed for 6 2 future development, there is need to establish and to inform 6 3 the public of the approximate location and widths of new or 6 4 improved segments of the great river road to be needed, the 6 5 state transportation commission may proceed to establish the 6 6 location and the approximate widths in the manner provided in 6 7 this section. 6 8 PARAGRAPH DIVIDED. The state transportation commission 6 9 shall give notice and hold a public hearing on the matter in a 6 10 convenient place in the area to be affected by the proposed 6 11 improvement of the great river road. The state transportation 6 12 commission shall consider and evaluate the testimony presented 6 13 at the public hearing and shall make a study and prepare a map 6 14 showing the location of the proposed new or reconstructed 6 15 segment of the great river road and the approximate widths of 6 16 right of way needed. The map shall show the existing roadway 6 17 and the property lines and record owners of lands to be 6 18 needed. The approval of the map shall be recorded by 6 19 reference in the state transportation commission's minutes, 6 20 and a notice of the action and a copy of the map showing the 6 21 lands or interest in the lands needed in any county shall be 6 22 filed in the office of the county recorder of that county. 6 23 Notice of the action and of the filing shall be published once 6 24 in a newspaper of general circulation in the county, and 6 25 within sixty days following the filing, notice of the filing 6 26 shall be served by registered mail on the owners of record on 6 27 the date of filingand on the functional classification board6 28of the county. Using the same procedures for approval, notice 6 29 and publications, and notice to the affected record owners, 6 30 the state transportation commission may amend the map. 6 31 Sec. 9. Section 309.3, Code 1997, is amended to read as 6 32 follows: 6 33 309.3 SECONDARY BRIDGE SYSTEM. 6 34 The secondary bridge system of a county shall embrace all 6 35 bridges and culverts on secondary roads as defined in section 7 1 306.3, subsection 11. 7 2 Sec. 10. Section 310.10, Code 1997, is amended to read as 7 3 follows: 7 4 310.10 FARM-TO-MARKET ROAD SYSTEM DEFINED. 7 5 The farm-to-market road systemshall embrace those roads7 6 means the farm-to-market road system as defined in section 7 7 306.3, subsection 2.However, a road which is classified as7 8being part of the arterial or arterial connector system under7 9chapter 306 but whose jurisdiction still vests in the county7 10in which it is located, shall be deemed to be part of the7 11farm-to-market road system until the time the jurisdiction of7 12the road is transferred to the department.7 13 Sec. 11. Section 312.2, subsection 10, Code 1997, is 7 14 amended by striking the subsection. 7 15 Sec. 12. Section 312.11, Code 1997, is amended to read as 7 16 follows: 7 17 312.11 ACCOUNTS OF EXPENDITURES. 7 18 Each city shall keep accounts showing the amount spent on 7 19 street construction and reconstruction on extensions of rural 7 20 systems, municipal arterial and municipal collector systems as7 21classified pursuant to section 306.6 and the amount spent on7 22street construction and reconstruction on municipal service7 23systemsand city streets.Such amounts spent on extensions of7 24rural systems, municipal arterial, and municipal collector7 25systems and such amounts spent on municipal service systems7 26 The amount spent shall be shown on the annual street report 7 27 required by section 312.14. 7 28 Sec. 13. Section 313.2, unnumbered paragraph 1, Code 1997, 7 29 is amended to read as follows: 7 30 The roads and streets of the state are, for the purpose of 7 31 this chapter,assigned to the functional classification7 32systemsthose roads and streets established under chapter 306. 7 33 Sec. 14. Section 317.18, Code 1997, is amended to read as 7 34 follows: 7 35 317.18 ORDER FOR DESTRUCTION ON ROADS. 8 1 The board of supervisors may order all noxious weeds, 8 2 within the right-of-way of allcounty trunk and local county8 3 roads under county jurisdiction to be cut, burned or otherwise 8 4 controlled to prevent seed production, either upon its own 8 5 motion or upon receipt of written notice requesting the action 8 6 from any residents of the township in which the roads are 8 7 located, or any person regularly using the roads. The order 8 8 shall be consistent with the county integrated roadside 8 9 vegetation management plan, if the county has adopted such a 8 10 plan, and the order shall define the roads along which noxious 8 11 weeds are required to be cut, burned or otherwise controlled 8 12 and shall require the weeds to be cut, burned or otherwise 8 13 controlled within fifteen days after the publication of the 8 14 order in the official newspapers of the county or as 8 15 prescribed in the county's integrated roadside vegetation 8 16 management plan. The order shall provide that spraying for 8 17 control of noxious weeds shall be limited to those 8 18 circumstances when it is not practical to mow or otherwise 8 19 control the weeds. 8 20 Sec. 15. Section 317.19, unnumbered paragraph 1, Code 8 21 1997, is amended to read as follows: 8 22 The board of supervisors may appropriate moneys to be used 8 23 for the purposes of cutting, burning, or otherwise controlling 8 24 weeds or brush within the right-of-way ofcounty trunk roads8 25and local countyroads under county jurisdiction in time to 8 26 prevent reseeding or in a manner consistent with the county's 8 27 roadside vegetation management plan, if the county has adopted 8 28 such a plan. The moneys appropriated shall not be spent on 8 29 spraying for control of weeds except in those circumstances 8 30 when it is not practical to mow or otherwise control the 8 31 weeds. 8 32 Sec. 16. Section 331.321, subsection 1, paragraph j, Code 8 33 1997, is amended by striking the paragraph. 8 34 Sec. 17. Sections 306.1, 306.7, 306.43, and 309.11, Code 8 35 1997, are repealed. 9 1 DIVISION II 9 2 TRANSPORTATION 9 3 Sec. 18. NEW SECTION. 306.45 EASEMENTS ON HIGHWAY 9 4 RIGHTS-OF-WAY. 9 5 The department may grant easements across land under its 9 6 jurisdiction if the department determines that the easement 9 7 will not adversely affect the construction and maintenance of 9 8 the highway system. Written conveyances containing any 9 9 easement conditions prescribed by the department shall be made 9 10 in the name of the state and signed by the governor and the 9 11 secretary of state, with the seal of the state of Iowa 9 12 affixed. 9 13 Sec. 19. Section 321.10, Code 1997, is amended by adding 9 14 the following new unnumbered paragraph: 9 15 NEW UNNUMBERED PARAGRAPH. Any records or certified copies 9 16 of records prepared pursuant to this section and any certified 9 17 abstract, or a copy of a certified abstract, of the operating 9 18 record of a driver or a motor vehicle owner prepared pursuant 9 19 to chapter 321, 321A, or 321J, shall be received in evidence 9 20 if determined to be relevant, in any court, preliminary 9 21 hearing, grand jury proceeding, civil proceeding, 9 22 administrative hearing, or forfeiture proceeding in the same 9 23 manner and with the same force and effect as if the director 9 24 or the director's designee had testified in person. 9 25 Sec. 20. Section 321.354, subsection 2, unnumbered 9 26 paragraph 2, Code 1997, is amended to read as follows: 9 27 A clear view of the stopped vehicle shall be available from 9 28 a distance of two hundred feet in each direction upon the 9 29 highway. However, school buses may stop on the highway for 9 30 receiving and discharging pupils and all other vehicles shall 9 31 stop for school buses which are stopped to receive or 9 32 discharge pupils, as provided in section 321.372. This 9 33 section does not apply to a vehicle making a turn as provided 9 34 in section 321.311. This section also does not apply to the 9 35 stopping or parking of a maintenance vehicle operated by a 10 1 highway authority on the main traveled way of any roadway when 10 2 necessary to the function being performed and when early 10 3 warning devices are properly displayed. 10 4 Sec. 21. Section 321.457, subsection 2, paragraph a, Code 10 5 1997, is amended to read as follows: 10 6 a. A single truck, unladen or with load, shall not have an 10 7 overall length, inclusive of front and rear bumpers, in excess 10 8 of forty feet. A cargo-carrying device that extends no 10 9 greater than twenty-four inches from the frame of the truck 10 10 shall be excluded when determining the overall length. The 10 11 cargo of a single truck may extend three feet beyond the front 10 12 bumper and four feet beyond the rear bumper when the single 10 13 truck is transporting motor vehicles, boats, and chassis. 10 14 Sec. 22. Section 321J.17, subsection 1, Code Supplement 10 15 1997, is amended to read as follows: 10 16 1. If the department revokes a person'smotor vehicle10 17 driver's license or nonresident operating privilege under this 10 18 chapter, the department shall assess the person a civil 10 19 penalty of two hundred dollars. The money collected by the 10 20 department under this section shall be transmitted to the 10 21 treasurer of state who shall deposit one-half of the money in 10 22 the separate fund established in section 912.14 and one-half 10 23 of the moneyshall be depositedin the general fund of the 10 24 state. Amotor vehicletemporary restricted license shall not 10 25 be issued or a driver's license or nonresident operating 10 26 privilegeshall not bereinstated until the civil penalty has 10 27 been paid. 10 28 Sec. 23. Section 322.3, Code Supplement 1997, is amended 10 29 by adding the following new subsection: 10 30 NEW SUBSECTION. 12. A person convicted of a fraudulent 10 31 practice in connection with selling, bartering, or otherwise 10 32 dealing in motor vehicles, in this state or any other state, 10 33 shall not for a period of five years from the date of 10 34 conviction be an owner, salesperson, officer of a corporation, 10 35 or dealer representative of a licensed motor vehicle dealer or 11 1 represent themselves as an owner, salesperson, or dealer 11 2 representative of a licensed motor vehicle dealer. 11 3 Sec. 24. Section 322A.11, Code 1997, is amended by adding 11 4 the following new subsection: 11 5 NEW SUBSECTION. 4. The fact that the dealership moved to 11 6 another facility and location within the dealership's 11 7 community which are equal to or superior to the dealership's 11 8 former location and facility or the fact that the dealership 11 9 added an additional line-make to the dealership if the 11 10 dealership's facility is adequate to accommodate the 11 11 additional line-make. 11 12 Sec. 25. Section 322B.3, subsection 2, unnumbered 11 13 paragraph 2, Code 1997, is amended by striking the unnumbered 11 14 paragraph. 11 15 Sec. 26. Section 322C.4, subsection 2, unnumbered 11 16 paragraph 2, Code Supplement 1997, is amended by striking the 11 17 unnumbered paragraph. 11 18 Sec. 27. Section 328.12, subsection 11, Code 1997, is 11 19 amended to read as follows: 11 20 11. SUFFICIENCYRATINGSREPORTS. Issue sufficiency 11 21ratingsreports for all airports in the state, which are owned 11 22 and operated by a governmental subdivision, based on the 11 23 functional classification of those airports as set out in the 11 24 department'sannualtransportation plan. 11 25 Sec. 28. Sections 321.64, 321F.4A, 321H.4A, and 322.7A, 11 26 Code 1997, are repealed. 11 27 EXPLANATION 11 28 This bill relates to the regulation of and the motor 11 29 vehicle operation on the roads and streets of this state. 11 30 Division I. This division of the bill eliminates the state 11 31 functional classification system for roads and streets in the 11 32 state but does not eliminate the farm-to-market road system. 11 33 The federal system for classification of roads and streets in 11 34 the state is not affected by the bill. Jurisdictional control 11 35 of roads and streets in the state remains subject to Code 12 1 section 306.4 which is not amended by this bill. The bill 12 2 eliminates the functional classification board in each county 12 3 and creates a statewide farm-to-market review board appointed 12 4 by the Iowa county engineers association. The review board is 12 5 required to receive all farm-to-market road system 12 6 modifications proposed by any county, review the proposals, 12 7 and submit modifications approved by the board to the state 12 8 department of transportation. 12 9 Division II. This division creates a new Code section 12 10 306.45 which authorizes the state department of transportation 12 11 to grant easements across land under its jurisdiction if the 12 12 easements will not adversely affect the highway system. 12 13 The division amends Code section 321.10 to provide that 12 14 official records or certified copies of such records of the 12 15 state department of transportation, including driving records, 12 16 shall be received into evidence in any court or administrative 12 17 proceeding in the same manner and with the same force and 12 18 effect as if the director of transportation or the director's 12 19 designee had testified in person. 12 20 The division amends Code section 321.354 to allow 12 21 maintenance vehicles operated by a highway authority to stop 12 22 or park on the main traveled way of a roadway when necessary 12 23 to the function being performed and when early warning devices 12 24 are properly displayed. 12 25 The division amends Code section 321.457 to allow a single 12 26 truck operating on the highways to have cargo extend three 12 27 feet beyond the front bumper and four feet beyond the rear 12 28 bumper. 12 29 The division amends Code section 321J.17 to require the 12 30 $200 civil penalty assessed against a driver whose operating 12 31 privileges have been revoked for an operating while 12 32 intoxicated (OWI) offense to be paid before the driver can 12 33 obtain a temporary restricted license. 12 34 The division amends Code section 322.3 to prohibit any 12 35 person who has been convicted of a fraudulent practice in 13 1 selling, bartering, or otherwise dealing in motor vehicles, in 13 2 this state or any other state, from being an owner, 13 3 salesperson, or dealer representative of a licensed motor 13 4 vehicle dealer. The prohibition is based on conduct which 13 5 under current Code section 322.6 would allow the department to 13 6 deny an application for a motor vehicle dealer license. The 13 7 prohibition would apply for five years following such a 13 8 conviction. 13 9 The division amends Code section 322A.11 to permit motor 13 10 vehicle dealerships to move to another location within the 13 11 dealership's community and to add another line-make of 13 12 vehicles if the dealership's facility can accommodate an 13 13 additional line-make. 13 14 The division amends Code sections 322B.3 and 322C.4 and 13 15 repeals Code sections 321.64, 321F.4A, 321H.4A, and 322.7A to 13 16 eliminate from the Code certain provisions for prorating motor 13 17 vehicle and vehicle dealer license fees in the transition from 13 18 single year to multiyear licensing. 13 19 The division amends Code section 328.12 to change the 13 20 reference to governmental airport sufficiency ratings to 13 21 airport sufficiency reports. 13 22 LSB 4227SC 77 13 23 jm/jw/5
Text: SSB02133 Text: SSB02135 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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