Text: HF00323 Text: HF00325 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 324 1 2 1 3 AN ACT 1 4 RELATING TO TRANSPORTATION, INCLUDING PROVISIONS ON ROAD 1 5 PROJECTS, VEHICLE SALES, MOVEMENT, AND REPORTS, AND MAILING 1 6 OF NOTICES, AND PROVIDING A PENALTY AND AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 HIGHWAYS 1 12 Section 1. Section 306.19, subsection 2, paragraph a, Code 1 13 2001, is amended to read as follows: 1 14 a. Compensate the owner for any diminution in the market 1 15 value of the property by the denial or alteration by 1 16 lengthening the driveway; however, in. In computingsuchthe 1 17 diminution in value no consideration shall be given to the 1 18 additional maintenance expense for maintaining the additional 1 19 length of driveway, but in lieu thereof, both in condemnation 1 20 proceedings or negotiated purchases, the agency shall pay to 1 21 the owner the sum offivetwenty dollars for every lineal foot 1 22 of additional length of driveway located onsaidthe owner's 1 23 property. This payment shall represent just compensation to 1 24saidthe property owner for the additional driveway 1 25 maintenance caused by reason of the highway or road project. 1 26 Sec. 2. Section 309.35, Code 2001, is amended to read as 1 27 follows: 1 28 309.35 SURVEYS REQUIRED. 1 29 Before proceeding to the construction of any road or roads 1 30 included insaidthe secondary road construction program where 1 31 the grading, exclusive of bridges and culverts, is estimated 1 32 to cost overthreeten thousand dollars per mile, the county 1 33 engineer shall cause detailed surveys and plans forsaidthe 1 34 road or roads to be prepared. 1 35 Sec. 3. NEW SECTION. 309.40A EMERGENCY HIGHWAY AND 2 1 BRIDGE PROJECTS. 2 2 Notwithstanding section 309.40, a county may contract for 2 3 the emergency repair, restoration, or reconstruction of a 2 4 highway or bridge under the county's jurisdiction without 2 5 advertising for bids if all of the following conditions are 2 6 met: 2 7 1. The emergency was caused by an unforeseen event causing 2 8 the failure of a highway, bridge, or other highway structure 2 9 so that the highway is unserviceable, or where immediate 2 10 action is necessary to prevent further damage or loss. 2 11 2. The county solicits written bids from three or more 2 12 contractors engaged in the type of work needed. 2 13 3. The necessary work can be done for less than one 2 14 hundred thousand dollars. 2 15 4. If possible, the county notifies the appropriate Iowa 2 16 highway contractors' associations of the proposed work. 2 17 Sec. 4. Section 309.93, Code 2001, is amended by adding 2 18 the following new subsection: 2 19 NEW SUBSECTION. 7. A detailed cost accounting of all 2 20 instances in the previous fiscal year of the use of day labor 2 21 or public or private contracts for construction, 2 22 reconstruction, or improvement projects on either the farm-to- 2 23 market or secondary road system, in the manner prescribed by 2 24 rule of the department under section 314.1A. The statement 2 25 shall also include the costs of purchasing, leasing, or 2 26 renting construction or maintenance equipment and an 2 27 accounting of the use of such equipment for construction, 2 28 reconstruction, or improvement projects on either the farm-to- 2 29 market or secondary road system during the previous fiscal 2 30 year. 2 31 Sec. 5. Section 312.14, Code 2001, is amended to read as 2 32 follows: 2 33 312.14 CITIES TO SUBMIT REPORT. 2 34 Cities in the state which receive allotments of funds from 2 35 road use tax funds shall prepare and deliver on or before 3 1 September 30 each year to the department an annual report 3 2 showing all street receipts and expenditures for the city for 3 3 the previous fiscal year. The report shall include a detailed 3 4 cost accounting of all instances of the use of day labor or 3 5 public or private contracts for construction, reconstruction, 3 6 or improvement projects on the municipal street system during 3 7 the previous fiscal year, in the manner prescribed by rule of 3 8 the department under section 314.1A. The report shall also 3 9 include the costs of purchasing, leasing, or renting 3 10 construction or maintenance equipment and an accounting of the 3 11 use of such equipment for construction, reconstruction, or 3 12 improvement projects on the municipal street system during the 3 13 previous fiscal year. 3 14 Sec. 6. Section 313.10, Code 2001, is amended to read as 3 15 follows: 3 16 313.10 BIDS – ADVERTISING. 3 17 As soon as the approved plans and specifications for any 3 18 primary road construction project are filed with the 3 19 department,itthe department shall, if the estimated cost 3 20 exceeds one thousand dollars, proceed to advertise for bids 3 21 for the construction ofsaidthe improvement. 3 22 The department may contract for the emergency repair, 3 23 restoration, or reconstruction of a highway or bridge without 3 24 advertising for bidsunderif all of the following conditions 3 25 are met: 3 26 1. The emergency was caused by an unforeseen event causing 3 27 the failure of a highway, bridge, or other highway structure 3 28 so that the highway is unserviceable, or where immediate 3 29 action is necessary to prevent further damage or loss;. 3 30 2. The department solicits written bids from three or more 3 31 contractors engaged in the type of work needed; and. 3 32 3. The necessary work can be done for less thanseventy-3 33fivefive hundred thousand dollars. 3 34 4. If possible, the department notifies the appropriate 3 35 Iowa highway contractors' associations of the proposed work. 4 1 Sec. 7. Section 314.1, Code 2001, is amended to read as 4 2 follows: 4 3 314.1 BIDDERS' STATEMENTS OF QUALIFICATIONS – BASIS FOR 4 4 AWARDING CONTRACTS. 4 5 1. The agency having charge of the receipt of bids and the 4 6 award of contracts for the construction, reconstruction, 4 7 improvement, or repair or maintenance ofanya highway, 4 8 bridge, or culvert may require, for any highway, bridge, or 4 9 culvert contract letting, that each biddershallfile with 4 10saidthe agency a statement showing the bidder's financial 4 11 standing, equipment, and experience in the execution of like 4 12 or similar work.SaidThe statements shall be on standard 4 13 forms prepared by the department and shall be filed withsaid4 14 the agencypreviousprior to the letting at whichsuchthe 4 15 bidder expects to bid. The agency may, in advance of the 4 16 letting, notify the bidder as to the amount and the nature of 4 17 the work for which the bidder is deemed qualified to bid. A 4 18 bidder who is prequalified under this subsection by the 4 19 department shall be deemed qualified for a highway, bridge, or 4 20 culvert contract letting by any other agency and shall submit 4 21 proof of the prequalification in a manner determined by the 4 22 department if required to do so by the agency. 4 23 2. Notwithstanding any other provision of law to the 4 24 contrary, a public improvement that involves the construction, 4 25 reconstruction, or improvement of a highway, bridge, or 4 26 culvert and that has a cost in excess of the applicable 4 27 threshold in section 73A.18, 262.34, 297.7, 309.40, 310.14, 4 28 313.10, or 384.96, as modified by the bid threshold 4 29 subcommittee pursuant to section 314.1B, shall be advertised 4 30 and let for bid, except such public improvements that involve 4 31 emergency work pursuant to section 309.40A, 313.10, 384.95, or 4 32 384.103, subsection 2. However, a public improvement that has 4 33 an estimated total cost to a city in excess of a threshold of 4 34 fifty thousand dollars, as modified by the bid threshold 4 35 subcommittee pursuant to section 314.1B, and that involves the 5 1 construction, reconstruction, or improvement of a highway, 5 2 bridge, or culvert that is under the jurisdiction of a city 5 3 with a population of more than fifty thousand, shall be 5 4 advertised and let for bid. 5 5 3. In the award of contracts for the construction, 5 6 reconstruction, improvement, or repair or maintenance ofanya 5 7 highway, bridge, or culvert, the agency having charge of 5 8 awarding such contracts shall give due consideration not only 5 9 to the prices bid but also to the mechanical or other 5 10 equipment and the financial responsibility and experience in 5 11 the performance of like or similar contracts. The agency may 5 12 reject any or all bids, or. The agency may readvertise and 5 13 relet the project without conducting an additional public 5 14 hearing if no substantial changes are made to the project's 5 15 plans or specifications. The agency may let by private 5 16 contract or build by day labor, at a cost not in excess of the 5 17 lowest bid received. 5 18 PARAGRAPH DIVIDED. Upon the completion of any contract or 5 19 project on either the farm-to-market or secondary road system, 5 20 the county engineer shall file with the county auditor a 5 21 statement showing the total cost thereof with certificate that 5 22saidthe work has been done in accordance with the plans and 5 23 specifications. Upon completion of a contract or project on 5 24 the municipal street system, the city public works department 5 25 or city engineer shall file with the city clerk a statement 5 26 showing the total cost of the contract or project with a 5 27 certificate that the work has been done in accordance with the 5 28 plans and specifications. All contracts shall be in writing 5 29 and shall be secured by a bond for the faithful performance 5 30 thereof as provided by law. 5 31 Sec. 8. NEW SECTION. 314.1A DETAILED COST ACCOUNTINGS BY 5 32 CITIES AND COUNTIES – RULES. 5 33 The department shall adopt rules prescribing the manner by 5 34 which cities and counties shall provide a detailed cost 5 35 accounting under section 309.93 or 312.14, of all instances of 6 1 the use of day labor or public or private contracts for 6 2 construction, reconstruction, or improvement projects on 6 3 highways within their jurisdiction. The rules shall include 6 4 definitions concerning types of projects and uniform 6 5 requirements and definitions that cities and counties shall 6 6 use in determining costs for such projects. The department 6 7 shall establish an advisory committee composed of 6 8 representatives of public sector agencies, private sector 6 9 contractor organizations, and certified public employee 6 10 collective bargaining organizations to make recommendations 6 11 for such rules. 6 12 Sec. 9. NEW SECTION. 314.1B BID THRESHOLD SUBCOMMITTEE 6 13 – ADJUSTMENTS – NOTICE. 6 14 1. The director of the department shall appoint, from the 6 15 members of the advisory committee established under section 6 16 314.1A, a bid threshold subcommittee. The subcommittee shall 6 17 consist of seven members, three of whom shall be 6 18 representatives of local public sector agencies, three of whom 6 19 shall be representatives of private sector contractor 6 20 organizations, and with the remaining member being the 6 21 director or the director's designee, who shall serve as 6 22 chairperson of the subcommittee. A vacancy in the membership 6 23 of the subcommittee shall be filled by the director. 6 24 2. a. The subcommittee shall review the competitive bid 6 25 thresholds applicable to city and county highway, bridge, and 6 26 culvert projects. The subcommittee shall review price 6 27 adjustments for all types of city and county highway, bridge, 6 28 and culvert construction, reconstruction, and improvement 6 29 projects, based on changes in the construction price index 6 30 from the preceding year. Upon completion of the review the 6 31 subcommittee may make adjustments in the applicable bid 6 32 thresholds for types of work based on the price adjustments. 6 33 b. A bid threshold shall not be adjusted to an amount that 6 34 is less than the bid threshold applicable to a city or county 6 35 on the effective date of this section of this Act, as provided 7 1 in section 73A.18, 309.40, 310.14, 314.1, or 384.96. An 7 2 adjusted bid threshold shall take effect as provided in 7 3 subsection 3, and shall remain in effect until a new adjusted 7 4 bid threshold is established and becomes effective as provided 7 5 in this section. 7 6 3. The subcommittee shall meet to conduct the review and 7 7 make the adjustments described in this section on or before 7 8 August 1 of every other year, or of every year if determined 7 9 necessary by the subcommittee, with the first meeting 7 10 occurring on or before August 1, 2002. By September 1 of each 7 11 year in which the subcommittee makes adjustments in the bid 7 12 thresholds, the director shall cause an advisory notice to be 7 13 published in the Iowa administrative bulletin and in a 7 14 newspaper of general circulation in this state, stating the 7 15 adjusted bid thresholds to be in effect on January 1 of the 7 16 following year, as established by the subcommittee under this 7 17 section. 7 18 Sec. 10. Section 314.13, Code 2001, is amended by adding 7 19 the following new subsection: 7 20 NEW SUBSECTION. 5. "Highway" or "street" means the entire 7 21 width between property lines of every way or place of whatever 7 22 nature when any part thereof is open to the use of the public, 7 23 as a matter of right, for purposes of vehicular traffic. 7 24 Sec. 11. Section 320.5, Code 2001, is amended to read as 7 25 follows: 7 26 320.5 TERM OF GRANT. 7 27Such grantsA grant made under section 320.4 shall be on 7 28 such reasonable conditions as the state department of 7 29 transportation or the board of supervisors may exact, and on 7 30 such conditions as the general assembly mayhereafter7 31 prescribe.Grants for gas or water mains shall not exceed7 32twenty years.7 33 Sec. 12. DEPARTMENT REVIEW OF CERTAIN HIGHWAY PROJECT 7 34 PROCEDURES AND EQUIPMENT USE – RULES. 7 35 1. The rules adopted by the department pursuant to section 8 1 314.1A, as enacted in this Act, shall be in draft form prior 8 2 to December 31, 2001, and shall specifically define the terms 8 3 "construction", "reconstruction", "improvement", and "repair 8 4 or maintenance" as such terms relate to highway, bridge, and 8 5 culvert projects. 8 6 2. The department shall review the highway and street 8 7 construction and maintenance equipment procurement policies 8 8 and the use of such equipment by all entities receiving road 8 9 use tax fund moneys. The department shall report its 8 10 findings, and any recommendations regarding potential 8 11 efficiencies and cost savings in the procurement and use of 8 12 such equipment, to the general assembly by December 31, 2002. 8 13 The department shall consult with public and private entities 8 14 in reviewing the procurement policies and use of equipment and 8 15 in formulating the department's recommendations. 8 16 Sec. 13. DISPLACEMENT OF EMPLOYEES – OTHER EMPLOYMENT – 8 17 RECALL. If a city or county employee is displaced from 8 18 employment as a result of a city's or county's compliance with 8 19 the provisions of this division of this Act, which enact 8 20 section 314.1, subsection 2, and amend section 314.1, 8 21 unnumbered paragraph 2, and redesignate that unnumbered 8 22 paragraph as section 314.1, subsection 3, the city or county 8 23 shall offer the displaced employee other available employment 8 24 with the city or county, as applicable. A city or county 8 25 employee who is placed in such other employment or who elected 8 26 to be laid off shall be eligible for recall to the position 8 27 held by the employee at the time of displacement. This 8 28 provision shall not supersede the provisions of any applicable 8 29 collective bargaining agreement. 8 30 Sec. 14. EFFECTIVE DATE. The following provisions of this 8 31 Act take effect July 1, 2002: 8 32 1. The provision enacting section 309.93, subsection 7. 8 33 2. The provision amending section 312.14. 8 34 3. The provision enacting section 314.1, subsection 2. 8 35 4. The provision amending section 314.1, unnumbered 9 1 paragraph 2, and redesignating that unnumbered paragraph as 9 2 section 314.1, subsection 3. 9 3 5. The provision enacting section 314.1B. 9 4 6. Section 13 of this Act relating to the displacement of 9 5 employees. 9 6 DIVISION II 9 7 VEHICLES 9 8 Sec. 15. Section 321.1, Code 2001, is amended by adding 9 9 the following new subsection: 9 10 NEW SUBSECTION. 83B. "Tracked implement of husbandry" 9 11 means a fence-line feeder, grain cart, or tank wagon that is 9 12 mounted on a chassis attached to a pair of tracks that 9 13 transfer the weight of the implement to the ground or the 9 14 roadway surface. 9 15 Sec. 16. Section 321.20B, subsection 6, Code 2001, is 9 16 amended to read as follows: 9 17 6. This section does not apply to a snowmobile or all- 9 18 terrain vehicle or to a motor vehicle identified in section 9 19 321.18, subsections 1 through 6, and subsection 8. 9 20 Sec. 17. Section 321.34, Code 2001, is amended by adding 9 21 the following new subsection: 9 22 NEW SUBSECTION. 12A. An owner of a vehicle referred to in 9 23 subsection 12 who applies for any type of special registration 9 24 plates associated with service in the United States armed 9 25 forces shall be issued one set of the special registration 9 26 plates at no charge, but shall be subject to the annual 9 27 registration fee of fifteen dollars if all of the following 9 28 conditions are met: 9 29 a. The owner is eligible for, but has relinquished to the 9 30 department or the county treasurer or has not been issued, 9 31 congressional medal of honor, ex-prisoner of war, or legion of 9 32 merit special registration plates under this section, or 9 33 disabled veteran registration plates under section 321.105. 9 34 b. The owner provides the appropriate information 9 35 regarding the owner's eligibility for any of the special 10 1 registration plates described in paragraph "a", and regarding 10 2 the owner's eligibility for the special registration plates 10 3 for which the owner has applied, as required by the 10 4 department. 10 5 A disabled veteran shall be exempt from payment of the 10 6 fifteen dollar annual registration fee as provided in section 10 7 321.105. 10 8 Upon the death of the vehicle owner entitled to the special 10 9 registration plates, the special registration plates shall be 10 10 surrendered to the department or the county treasurer. 10 11 Sec. 18. Section 321.271, unnumbered paragraph 2, Code 10 12 2001, is amended to read as follows: 10 13 All written reports filed by a law enforcement officer as 10 14 required under section 321.266 shall be made available to any 10 15 party to an accident, the party's insurance company or its 10 16 agent, the party's attorney, the federal motor carrier safety 10 17 administration, or the attorney general, on written request to 10 18 the department and the payment of a fee of four dollars for 10 19 each copy. If a copy of an investigating officer's report of 10 20 a motor vehicle accident filed with the department is retained 10 21 by the law enforcement agency of the officer who filed the 10 22 report, a copy shall be made available to any party to the 10 23 accident, the party's insurance company or its agent, the 10 24 party's attorney, the federal motor carrier safety 10 25 administration, or the attorney general, on written request 10 26 and the payment of a fee.TheHowever, the attorney general 10 27 and the federal motor carrier safety administration shall not 10 28 be required by the department or the law enforcement agency to 10 29 pay a fee for a copy of a report filed by a law enforcement or 10 30 investigating officer. 10 31 Sec. 19. Section 321.423, subsection 6, Code 2001, is 10 32 amended to read as follows: 10 33 6. AMBER FLASHING LIGHT. A farm tractor, farm tractor 10 34 with towed equipment, self-propelled implement of husbandry, 10 35 road construction or maintenance vehicle, road grader, or 11 1 other vehicle principally designed for use off the highway 11 2 which, when operated on a primary or secondary road, is 11 3 operated at a speed oftwenty-fivethirty-five miles an hour 11 4 or less, shall be equipped with and display an amber flashing 11 5 light visible from the rear at any time from sunset to 11 6 sunrise. If the amber flashing light is obstructed by the 11 7 towed equipment, the towed equipment shall also be equipped 11 8 with and display an amber flashing light as required under 11 9 this subsection. All vehicles specified in this subsection 11 10 which are manufactured for sale or sold in this state shall be 11 11 equipped with an amber flashing light in accordance with the 11 12 standards of the American society of agricultural engineers. 11 13 Sec. 20. Section 321.450, Code 2001, is amended by adding 11 14 the following new unnumbered paragraph: 11 15 NEW UNNUMBERED PARAGRAPH. Notwithstanding other provisions 11 16 of this section to the contrary, a driver who is engaged 11 17 exclusively in intrastate commerce and who operates a truck or 11 18 truck-tractor exclusively for the movement of refined oil 11 19 products may drive twelve hours, be on duty sixteen hours in a 11 20 twenty-four-hour period, and be on duty seventy hours in seven 11 21 consecutive days, or eighty hours in eight consecutive days. 11 22 Sec. 21. Section 321.457, subsection 2, paragraph d, Code 11 23 2001, is amended to read as follows: 11 24 d. A combination of three vehicles coupled together one of 11 25 which is a motor vehicle, unladen or with load, other than a 11 26 truck tractor, shall not have an overall length, inclusive of 11 27 front and rear bumpers, in excess ofsixtyseventy feet. 11 28 Sec. 22. Section 321.457, subsection 2, Code 2001, is 11 29 amended by adding the following new paragraphs: 11 30 NEW PARAGRAPH. j. A motor home shall not have an overall 11 31 length, excluding front and rear bumpers and safety equipment, 11 32 in excess of forty-five feet. 11 33 NEW PARAGRAPH. k. A combination of two vehicles coupled 11 34 together, one of which is a motor home, shall not have an 11 35 overall length in excess of sixty-five feet. 12 1 NEW PARAGRAPH. l. A combination of two vehicles coupled 12 2 together, one of which is a travel trailer or fifth-wheel 12 3 travel trailer, shall not have an overall length in excess of 12 4 sixty-five feet. 12 5 Sec. 23. Section 321.463, subsection 4, paragraph b, 12 6 subparagraph (1), Code 2001, is amended by adding the 12 7 following new unnumbered paragraph after unnumbered paragraph 12 8 1: 12 9 NEW UNNUMBERED PARAGRAPH. Notwithstanding any provision of 12 10 this section to the contrary, a tracked implement of husbandry 12 11 operated on the highways of this state shall not have a 12 12 maximum gross weight in excess of ninety-six thousand pounds. 12 13 Sec. 24. Section 321.463, subsection 4, paragraph b, 12 14 subparagraph (1), unnumbered paragraph 2, Code 2001, is 12 15 amended to read as follows: 12 16 A fence-line feeder, grain cart,ortank wagon, or tracked 12 17 implement of husbandry shall comply with the other provisions 12 18 of this section and chapter when operated over a bridge in 12 19 this state. A local authority may issue a special permit, 12 20 based on a statewide standard developed by the department, 12 21 allowing the operation over a bridge within its jurisdiction 12 22 of a fence-line feeder, grain cart,ortank wagon, or tracked 12 23 implement of husbandry with a weight in excess of the weights 12 24 allowed under this chapter. 12 25 Sec. 25. Section 321.463, subsection 5, Code 2001, is 12 26 amended by adding the following new paragraph: 12 27 NEW PARAGRAPH. e. The maximum gross weight allowed to be 12 28 carried on a tracked implement of husbandry when operated on a 12 29 noninterstate highway bridge is as follows: 12 30 NONINTERSTATE HIGHWAY BRIDGES 12 31 MAXIMUM GROSS WEIGHT TABLE 12 32 TRACKED IMPLEMENTS OF HUSBANDRY 12 33 Length of Track Weight in 12 34 in Feet Pounds 12 35 4 34,000 13 1 5 34,000 13 2 6 34,000 13 3 7 34,000 13 4 8 42,000 13 5 9 42,500 13 6 10 45,000 13 7 11 46,000 13 8 12 47,000 13 9 13 48,500 13 10 14 49,500 13 11 15 50,500 13 12 16 51,500 13 13 17 54,000 13 14 18 55,000 13 15 19 56,000 13 16 20 57,000 13 17 21 58,000 13 18 22 59,000 13 19 23 60,000 13 20 24 61,000 13 21 25 62,000 13 22 26 63,000 13 23 27 64,000 13 24 28 65,000 13 25 29 66,000 13 26 30 67,000 13 27 31 68,000 13 28 32 69,000 13 29 33 70,000 13 30 34 71,000 13 31 35 72,000 13 32 36 73,000 13 33 37 74,000 13 34 38 75,000 13 35 39 76,000 14 1 40 77,000 14 2 41 78,000 14 3 42 79,000 14 4 43 80,000 14 5 "Length of track in feet" means the length of track on one 14 6 side of the tracked implement of husbandry which is in contact 14 7 with the ground or roadway surface. 14 8 Sec. 26. Section 321E.8, subsection 2, Code 2001, is 14 9 amended to read as follows: 14 10 2. Vehicles with indivisible loads having an overall width 14 11 not to exceedtwelvethirteen feet five inches or mobile 14 12 homes, including appurtenances, having an overall width not to 14 13 exceedtwelvethirteen feet five inches and an overall length 14 14 not to exceed one hundred twenty feet zero inches may be moved 14 15 on highways specified by the permitting authority for 14 16 unlimited distances if the height of the vehicle and load does 14 17 not exceed fifteen feet five inches and the total gross weight 14 18 of the vehicle does not exceed one hundred thirty-six thousand 14 19 pounds. The vehicle owner or operator shall verify with the 14 20 permitting authority prior to movement of the load that 14 21 highway conditions have not changed so as to prohibit movement 14 22 of the vehicle. Any cost to repair damage to highways or 14 23 highway structures shall be borne by the owner or operator of 14 24 the vehicle causing the damage. Permitted vehicles under this 14 25 subsection shall not be allowed to travel on any portion of 14 26 the interstate highway system. 14 27 Sec. 27. Section 321E.8, subsection 4, Code 2001, is 14 28 amended by striking the subsection. 14 29 Sec. 28. Section 321E.14, Code 2001, is amended to read as 14 30 follows: 14 31 321E.14 FEES FOR PERMITS. 14 32 The department or local authorities issuing permits shall 14 33 charge a fee of twenty-five dollars for an annual permit 14 34 issued under section 321E.8, subsection 1,or 3,or 4,a fee 14 35 of three hundred dollars for an annual permit issued under 15 1 section 321E.8, subsection 2, a fee of two hundred dollars for 15 2 a multi-trip permit, and a fee of ten dollars for a single- 15 3 trip permit, and shall determine charges for special permits 15 4 issued pursuant to section 321E.29 by rules adopted pursuant 15 5 to chapter 17A. Fees for the movement of buildings, parts of 15 6 buildings, or unusual vehicles or loads may be increased to 15 7 cover the costs of inspections by the issuing authority. A 15 8 fee not to exceed two hundred fifty dollars per day or a 15 9 prorated fraction of that fee per person and car for escort 15 10 service may be charged when requested or when required under 15 11 this chapter. Proration of escort fees between state and 15 12 local authorities when more than one governmental authority 15 13 provides or is required to provide escort for a movement 15 14 during the period of a day shall be determined by rule under 15 15 section 321E.15. The department and local authorities may 15 16 charge a permit applicant for the cost of trimming trees and 15 17 removal and replacement of natural obstructions or official 15 18 signs and signals or other public or private property required 15 19 to be removed during the movement of a vehicle and load. In 15 20 addition to the fees provided in this section, the annual fee 15 21 for a permit for special mobile equipment, as defined in 15 22 section 321.1, subsection 75, operated pursuant to section 15 23 321E.7, subsection 2, with a combined gross weight up to and 15 24 including eighty thousand pounds shall be twenty-five dollars 15 25 and for a combined gross weight exceeding eighty thousand 15 26 pounds, fifty dollars. 15 27 The annual fee for an all-system permit is one hundred 15 28 twenty dollars which shall be deposited in the road use tax 15 29 fund. 15 30 DIVISION III 15 31 VEHICLE MANUFACTURERS, DISTRIBUTORS, 15 32 DEALERS, AND FRANCHISERS 15 33 Sec. 29. Section 322.2, Code 2001, is amended by adding 15 34 the following new subsection: 15 35 NEW SUBSECTION. 20A. "Special equipment" means equipment 16 1 installed on a motor truck which, in combination with the 16 2 motor truck on which the equipment is installed, constitutes a 16 3 self-contained unit configured for a specific purpose. To 16 4 constitute special equipment, a minimum of seven thousand five 16 5 hundred dollars or twenty-five percent of the retail value of 16 6 the motor truck, whichever is greater, must be expended in 16 7 installing the equipment on the motor truck, including the 16 8 cost of the equipment. "Special equipment" does not include 16 9 equipment designed for the transportation of passengers. 16 10 Sec. 30. Section 322.3, subsection 13, Code 2001, is 16 11 amended to read as follows: 16 12 13. A manufacturer, distributor, or importer of motor 16 13 vehicles or agent or representative of such manufacturer, 16 14 distributor, or importer shall not reduce the amount of 16 15 compensation for, or disallow a claim for,warrantyany of the 16 16 following if twelve months or more have passed since the claim 16 17 was submitted to the manufacturer, distributor, or importer or 16 18 agent or representative thereof: 16 19 a. Warranty parts, repairs, or service supplied by a motor 16 20 vehicle dealerif twelve months or more have passed since the16 21warranty claim was submitted to the manufacturer, distributor,16 22or importer of motor vehicles or agent or representative16 23thereof. 16 24 b. Sales or leasing incentives provided to a motor vehicle 16 25 dealer or to a customer of a motor vehicle dealer including, 16 26 but not limited to, rebates and discounted interest rates. 16 27 PARAGRAPH DIVIDED. The twelve-month limitation shall not 16 28 apply if a court of competent jurisdiction in this state finds 16 29 thewarrantyclaim was fraudulent. 16 30 Sec. 31. Section 322.3, subsection 14, unnumbered 16 31 paragraph 1, Code 2001, is amended to read as follows: 16 32 A manufacturer, distributor, wholesaler,or importer shall 16 33 not directly or indirectly be licensed as, own an interest in, 16 34 operate, or control a motor vehicle dealer. This subsection 16 35 shall not prohibit any of the following: 17 1 Sec. 32. Section 322.5, subsection 2, Code 2001, is 17 2 amended by striking the subsection and inserting in lieu 17 3 thereof the following: 17 4 2. a. In addition to selling motor vehicles at the motor 17 5 vehicle dealer's principal place of business and at car lots, 17 6 a motor vehicle dealer may do any of the following: 17 7 (1) Display new motor vehicles at fairs, vehicle shows, 17 8 and vehicle exhibitions, upon application for and receipt of a 17 9 temporary permit issued by the department. 17 10 (2) Display, offer for sale, and negotiate sales of new 17 11 motor vehicles at county or district fairs, as described in 17 12 chapter 174, vehicle shows, and vehicle exhibitions, upon 17 13 application for and receipt of a temporary permit issued by 17 14 the department. Such activities may only be conducted at 17 15 fairs, vehicle shows, and vehicle exhibitions that are held in 17 16 the county of the motor vehicle dealer's principal place of 17 17 business. A sale of a motor vehicle by a motor vehicle dealer 17 18 shall not be completed and an agreement for the sale of a 17 19 motor vehicle shall not be signed at a fair, vehicle show, or 17 20 vehicle exhibition. All such sales shall be consummated at 17 21 the motor vehicle dealer's principal place of business. 17 22 b. An application for a temporary permit under this 17 23 subsection shall be made upon a form provided by the 17 24 department and shall be accompanied by a ten dollar permit 17 25 fee. The department may issue a temporary permit for a period 17 26 not to exceed fourteen days. 17 27 Sec. 33. Section 322.28, Code 2001, is amended to read as 17 28 follows: 17 29 322.28 DISTRIBUTOR OR WHOLESALER'S LICENSE. 17 30 A distributor or wholesaler of new motor vehicles shall not 17 31 sell or offer for sale a new motor vehicle at retail unless 17 32 licensed as a new motor vehicle dealer. A licensed 17 33 distributor or wholesaler of a new motor vehicle shall not 17 34 register or title a new motor vehicle held for sale and shall 17 35 transfer ownership of a new motor vehicle by assigning the 18 1 manufacturer's statement of origin for the vehicle. 18 2 Sec. 34. Section 322.29, subsection 5, Code 2001, is 18 3 amended to read as follows: 18 4 5. Upon payment of the license fee as provided in this 18 5 section, a person who installs cranes, hook loaders, buckets, 18 6 aerial ladders,ortanks, or special equipment on new 18 7 completed motor trucks with a gross vehicle weight rating of 18 8nineteenfourteen thousand five hundred pounds or more may be 18 9 issued a license as a wholesaler of new motor vehicles of the 18 10 make and model on which the equipment is installed without 18 11 written authorization from the manufacturer. 18 12 Sec. 35. Section 322A.1, Code 2001, is amended by adding 18 13 the following new subsection: 18 14 NEW SUBSECTION. 9A. "Substantially detrimental" means 18 15 that, by a preponderance of the evidence, the market share of 18 16 the franchiser's motor vehicles in the community will be 18 17 significantly reduced in comparison to the franchiser's 18 18 historical market share in the community. 18 19 Sec. 36. Section 322A.11, unnumbered paragraph 1, Code 18 20 2001, is amended to read as follows: 18 21 Notwithstanding the terms, provisions, or conditions of any 18 22 agreement or franchise, the following shall notconstitutebe 18 23 considered facts supporting a finding of good cause for the 18 24 termination or noncontinuation of a franchise, or for entering 18 25 into a franchise for the establishment of an additional 18 26 dealership in a community for the same line-make: 18 27 Sec. 37. Section 322A.11, subsections 2 and 5, Code 2001, 18 28 are amended to read as follows: 18 29 2. The change of ownership of the franchisee's dealership 18 30 or the change of executive management of the franchisee's 18 31 dealership, unless the franchiser, having the burden of proof, 18 32 proves that such change of ownership or executive management 18 33 will be substantially detrimental to the distribution of the 18 34 franchiser's motor vehicles in the community and that good 18 35 cause for the termination or noncontinuation of the franchise 19 1 or for the establishment of an additional dealership otherwise 19 2 exists. 19 3 5. The fact that the dealership does not meet an index or 19 4 standard established by the franchiser, unless the franchiser 19 5 proves that the failure of the dealership to meet the index or 19 6 standard will be substantially detrimental to the distribution 19 7 of the franchiser's motor vehicles in the community and that 19 8 good cause for the termination or noncontinuation of the 19 9 franchise or for the establishment of an additional dealership 19 10 otherwise exists. 19 11 Sec. 38. Section 322B.3, subsection 4, Code 2001, is 19 12 amended to read as follows: 19 13 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS. Mobile home 19 14 dealers, in addition to selling mobile homes at their 19 15 principal place of business and lots, may, upon receipt of a 19 16 temporary permit approved by the department, display and offer 19 17 new mobile homes for sale and negotiate sales of new mobile 19 18 homes at fairs, shows, and exhibitionswhich are approved by19 19the department. Application for temporary permits shall be 19 20 made upon forms provided by the department and shall be 19 21 accompanied by a ten dollar permit fee. Temporary permits 19 22 shall be issued for a period not to exceed fourteen days. 19 23 Sec. 39. Section 322C.3, subsection 9, Code 2001, is 19 24 amended to read as follows: 19 25 9. A travel trailer dealer may display new travel trailers 19 26 at fairs, shows, andexhibitsexhibitions on any day of the 19 27 week as provided in this subsection. Travel trailer dealers, 19 28 in addition to selling travel trailers at their principal 19 29 place of business and lots, may, upon receipt of a temporary 19 30 permit approved by the department, display and offer new 19 31 travel trailers for sale and negotiate sales of new travel 19 32 trailers at fairs, shows, and exhibitionswhich are approved19 33by the department. Application for temporary permits shall be 19 34 made upon forms provided by the department and shall be 19 35 accompanied by a ten dollar permit fee. Temporary permits 20 1 shall be issued for a period not to exceed fourteen days. 20 2 Sec. 40. EFFECTIVE DATE. The following provisions of this 20 3 Act, being deemed of immediate importance, take effect upon 20 4 enactment: 20 5 1. Section 31 of this Act, amending section 322.3, 20 6 subsection 14. 20 7 2. Section 33 of this Act, amending section 322.28. 20 8 3. Section 35 of this Act, adding section 322A.1, 20 9 subsection 9A. 20 10 4. Section 36 of this Act, amending section 322A.11, 20 11 unnumbered paragraph 1. 20 12 5. The provision of section 37 of this Act, amending 20 13 section 322A.11, subsection 2. 20 14 DIVISION IV 20 15 MAILINGS 20 16 Sec. 41. Section 321.16, unnumbered paragraph 1, Code 20 17 2001, is amended to read as follows: 20 18 When the department is authorized or required to give 20 19 notice under this chapter or any other law regulating the 20 20 operation of vehicles, unless a different method of giving 20 21noticesnotice is expressly prescribed, notice shall be given 20 22 either by personal delivery to the person to be so notified or 20 23 by personal service in the manner of original notice by R.C.P. 20 24 56.1, paragraph "a," or bycertifiedfirst class mail 20 25 addressed to the person at the address shownbyin the records 20 26 of the department, notwithstanding chapter 17A.Return20 27acknowledgment is required to prove the latter service.The 20 28 department shall adopt rules regarding the giving of notice by 20 29 first class mail, the updating of addresses in department 20 30 records, and the development of affidavits verifying the 20 31 mailing of notices under this chapter and chapter 321J. A 20 32 person's refusal to accept or a claim of failure to receive a 20 33 notice of revocation, suspension, or bar mailed by first class 20 34 mail to the person's last known address shall not be a defense 20 35 to a charge of driving while suspended, revoked, denied, or 21 1 barred. 21 2 Sec. 42. Section 321.182, subsection 1, Code 2001, is 21 3 amended to read as follows: 21 4 1. Make application on a form provided by the department 21 5 which shall include the applicant's full name, signature, 21 6 current mailing address, current residential address, date of 21 7 birth, social security number, and physical description 21 8 including sex, height, and eye color. The application may 21 9 contain other information the department may require by rule. 21 10 A licensee shall notify the department when the licensee's 21 11 mailing address changes and provide the new address within 21 12 thirty days of obtaining the new address. The application 21 13 provided by the department shall include a statement for the 21 14 applicant to sign that acknowledges the applicant's knowledge 21 15 of the requirement to notify the department of a mailing 21 16 address change. The penalty under section 321.482 shall not 21 17 apply to a licensee's failure to notify the department of such 21 18 an address change. 21 19 Sec. 43. Section 321.196, unnumbered paragraph 1, Code 21 20 2001, is amended to read as follows: 21 21 Except as otherwise provided, a driver's license, other 21 22 than an instruction permit, chauffeur's instruction permit, or 21 23 commercial driver's instruction permit issued under section 21 24 321.180, expires, at the option of the applicant, two or four 21 25 years from the licensee's birthday anniversary occurring in 21 26 the year of issuance if the licensee is between the ages of 21 27 seventeen years eleven months and seventy years on the date of 21 28 issuance of the license. If the licensee is under the age of 21 29 seventeen years eleven months or age seventy or over, the 21 30 license is effective for a period of two years from the 21 31 licensee's birthday anniversary occurring in the year of 21 32 issuance. Except as required in section 321.188, and except 21 33 for a motorcycle instruction permit issued in accordance with 21 34 section 321.180 or 321.180B, a driver's license is renewable 21 35 without written examination or penalty within a period of 22 1 sixty days after its expiration date and without a driving 22 2 test within a period of one year after its expiration date. A 22 3 person shall not be considered to be driving with an invalid 22 4 license during a period of sixty days following the license 22 5 expiration date. However, for a license renewed within the 22 6 sixty-day period, the date of issuance shall be considered to 22 7 be the previous birthday anniversary on which it expired. 22 8 Applicants whose licenses are restricted due to vision or 22 9 other physical deficiencies may be required to renew their 22 10 licenses every two years. For the purposes of this section, 22 11 the birthday anniversary of a person born on February 29 shall 22 12 be deemed to occur on March 1. The department in its 22 13 discretion may authorize the renewal of a valid driver's 22 14 license other than a commercial driver's license upon 22 15 application without an examination provided that the applicant 22 16 satisfactorily passes a vision test as prescribed by the 22 17 department, files a vision report in accordance with section 22 18 321.186A which shows that the applicant's visual acuity level 22 19 meets or exceeds those required by the department, or is 22 20 eligible for renewal by mail pursuant to rules adopted by the 22 21 department. The department may assess an applicant a fee of 22 22 no more than two dollars for administration and mailing 22 23 expenses for providing for renewal of the applicant's driver's 22 24 license by mail. An application for renewal of a driver's 22 25 license shall include a statement for the applicant to sign 22 26 that acknowledges the applicant's knowledge of the requirement 22 27 to notify the department of a mailing address change under 22 28 section 321.182, subsection 1. 22 29 Sec. 44. Section 321.208, subsection 8, unnumbered 22 30 paragraph 2, Code 2001, is amended to read as follows: 22 31 The effective date of disqualification shall be thirty days 22 32 after notification. Immediate notice of disqualification may 22 33 be served on a person operating a commercial motor vehicle who 22 34 refused to submit to a test or whose test results indicate an 22 35 alcohol concentration of 0.04 or more by the peace officer 23 1 administering the chemical test or, notwithstanding chapter 23 2 17A, the department may notify the person bycertifiedfirst 23 3 class mail. If immediate notice is served, the peace officer 23 4 shall take the commercial driver's license or permit of the 23 5 driver, if issued within the state, and issue a temporary 23 6 commercial driver's license effective for only thirty days. 23 7 The peace officer shall immediately send the person's 23 8 commercial driver's license to the department in addition to 23 9 the officer's certification required by this subsection. 23 10 Sec. 45. NEW SECTION. 321.211A APPEAL OF EXTENDED 23 11 SUSPENSION OR REVOCATION. 23 12 Notwithstanding any provision of law to the contrary, if a 23 13 person was not served with notice of a suspension or 23 14 revocation under section 321.16, or section 321J.9, subsection 23 15 4, or section 321J.12, subsection 3, the person may appeal to 23 16 the department an extension of the period of suspension or 23 17 revocation based upon a conviction under section 321.218 or 23 18 321J.21. At the hearing on the appeal, the sole issue shall 23 19 be whether the department failed to send notice of the 23 20 underlying suspension or revocation to the person at the 23 21 address contained in the department's records. If the 23 22 department determines it failed to send such notice, the 23 23 department shall rescind the extended suspension or revocation 23 24 resulting from the conviction and send notice of the 23 25 department's determination to the court that rendered the 23 26 conviction. Upon receipt of the notice, the court shall enter 23 27 an order exonerating the person of the conviction, and 23 28 ordering that the record of the conviction be expunged by the 23 29 clerk of the district court. 23 30 Sec. 46. Section 321.556, subsection 1, Code 2001, is 23 31 amended to read as follows: 23 32 1. If, upon review of the record of convictions of any 23 33 person, the department determines that the person appears to 23 34 be a habitual offender, the department shall immediately 23 35 notify the person in writing and afford the licensee an 24 1 opportunity for a hearing.TheNotwithstanding chapter 17A, 24 2 the notice shall meet the requirements of section17A.1224 3 321.16 and shall be served in the manner provided in that 24 4 section. Service of notice on any nonresident of this state 24 5 may be made in the same manner as provided in sections 321.498 24 6 through 321.506. A peace officer stopping a person for whom a 24 7 notice has been issued under this section may personally serve 24 8 the notice upon forms approved by the department to satisfy 24 9 the notice requirements of this section. A peace officer may 24 10 confiscate the driver's license of a person if the license has 24 11 been revoked or has been suspended subsequent to a hearing and 24 12 the person has not forwarded the driver's license to the 24 13 department as required. 24 14 Sec. 47. Section 321J.9, subsection 4, Code 2001, is 24 15 amended to read as follows: 24 16 4. The effective date of revocation shall be ten days 24 17 after the department has mailed notice of revocation to the 24 18 person bycertifiedfirst class mail,or, on behalf of the24 19department, anotwithstanding chapter 17A. The peace officer 24 20offering or directingwho requested or directed the 24 21 administration of a chemical test may, on behalf of the 24 22 department, serve immediate notice of intention to revoke and 24 23 of revocation on a person who refuses to permit chemical 24 24 testing. If the peace officer servesthatimmediate notice, 24 25 the peace officer shall take the Iowa license or permit of the 24 26 driver, if any, and issue a temporary license effective for 24 27onlyten days. The peace officer shall immediately send the 24 28 person's license to the department along with the officer's 24 29 certificate indicating the person's refusal to submit to 24 30 chemical testing. 24 31 Sec. 48. Section 321J.12, subsection 3, Code 2001, is 24 32 amended to read as follows: 24 33 3. The effective date of the revocation shall be ten days 24 34 after the department has mailed notice of revocation to the 24 35 person bycertifiedfirst class mail, notwithstanding chapter 25 1 17A. The peace officer who requested or directed the 25 2 administration of the chemical test may, on behalf of the 25 3 department, serve immediate notice of revocation on a person 25 4 whose test results indicated the presence of a controlled 25 5 substance or other drug, or an alcohol concentration equal to 25 6 or in excess of the level prohibited by section 321J.2, or a 25 7 combination of alcohol and another controlled substance or 25 8 drug in violation of section 321J.2. 25 9 DIVISION V 25 10 MISCELLANEOUS PROVISIONS 25 11 Sec. 49. RELOCATION OF UTILITY LINES AND MAINS – STUDY. 25 12 The state department of transportation shall conduct a study 25 13 and present a report to the general assembly by January 31, 25 14 2002, regarding the compliance by utility companies with 25 15 requirements regarding the relocation of electrical or 25 16 telephone transmission lines or of water and gas mains on 25 17 highway construction or reconstruction projects. The report 25 18 shall document cases when relocation of such lines or mains on 25 19 a highway project was not timely, state the financial impact 25 20 on such projects, and may include department recommendations 25 21 for further remedies to ensure timely compliance with utility 25 22 relocation requirements. 25 23 25 24 25 25 25 26 BRENT SIEGRIST 25 27 Speaker of the House 25 28 25 29 25 30 25 31 MARY E. KRAMER 25 32 President of the Senate 25 33 25 34 I hereby certify that this bill originated in the House and 25 35 is known as House File 324, Seventy-ninth General Assembly. 26 1 26 2 26 3 26 4 MARGARET THOMSON 26 5 Chief Clerk of the House 26 6 Approved , 2001 26 7 26 8 26 9 26 10 THOMAS J. VILSACK 26 11 Governor
Text: HF00323 Text: HF00325 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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