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House File 2193

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2193
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO MODAL TRANSPORTATION, INCLUDING CHANGES IN TRANSIT
  1  5    COORDINATION REQUIREMENTS AND CHANGES IN THE AIRCRAFT 
  1  6    REGISTRATION PROCESS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11                      TRANSIT COORDINATION
  1 12    Section 1.  Section 324A.2, unnumbered paragraphs 2 and 3,
  1 13 Code 2001, are amended by striking the unnumbered paragraphs.
  1 14    Sec. 2.  Section 324A.4, subsection 1, Code 2001, is
  1 15 amended to read as follows:
  1 16    1.  The department shall compile and maintain current
  1 17 information on available and pending the use of federal,
  1 18 state, local, and private aid affecting urban and rural public
  1 19 transit programs.  Public, private, and private nonprofit
  1 20 organizations applying for or receiving federal, state, or
  1 21 local aid for providing transit services shall provide a copy
  1 22 of their fiscal year operating budget annually prior to June 1
  1 23 report to the department the costs of their transportation
  1 24 programs, depicting funds used for public transit programs and
  1 25 such other information as the department may require prior to
  1 26 receiving any federal or state funds or any aid from a
  1 27 political subdivision of the state.  The operating budget
  1 28 report shall list all of the funding sources of the
  1 29 organization along with the listing of funds expended by that
  1 30 organization during the preceding fiscal year.  The
  1 31 department, in co-operation cooperation with the regional
  1 32 planning agencies as the responsible agency for annual
  1 33 updating the regional transit development programs, shall
  1 34 compile this information annually.  Any A state agency or
  1 35 organization administering funds for transit services is
  2  1 required to submit all funding requests through the regional
  2  2 and state clearinghouse and the state department of
  2  3 transportation.  Any An organization, state agency, political
  2  4 subdivision, and or public transit system, except public
  2  5 school transportation, receiving federal, state, or local aid
  2  6 to provide or contract for public transit services or
  2  7 transportation to the general public and specific client
  2  8 groups, must coordinate and consolidate funding and resulting
  2  9 service, to the maximum extent possible, with the urban or
  2 10 regional transit system.
  2 11    Sec. 3.  Section 324A.4, subsection 2, unnumbered paragraph
  2 12 2, Code 2001, is amended to read as follows:
  2 13    Eligibility to receive or expend federal, state, or local
  2 14 funds for transportation services by all agencies or
  2 15 organizations purchasing or providing these services shall be
  2 16 contingent upon compliance with these criteria as determined
  2 17 by the department, except that services provided by or
  2 18 purchased by the department of human services, which include
  2 19 transportation, shall be subject to section 324A.5, subsection
  2 20 3, paragraph "c".
  2 21    Sec. 4.  Section 324A.5, subsection 1, Code 2001, is
  2 22 amended by striking the subsection.
  2 23    Sec. 5.  Section 324A.5, subsection 3, paragraph c, Code
  2 24 2001, is amended by striking the paragraph.  
  2 25                           DIVISION II
  2 26                            AIRCRAFT
  2 27    Sec. 6.  Section 328.21, subsection 6, Code 2001, is
  2 28 amended to read as follows:
  2 29    6.  An aircraft, unless exempt under section 328.35, which
  2 30 is damaged, is not airworthy, and is not in flying condition
  2 31 is not subject to registration fees if the owner of the
  2 32 aircraft submits information required by the department.  Upon
  2 33 receipt of that information, the department shall issue a
  2 34 certificate which that states that the registration fee has
  2 35 not been paid and that the aircraft shall not use the airports
  3  1 or the air space overlying the state until the fee has been
  3  2 paid.
  3  3    Sec. 7.  Section 328.27, Code 2001, is amended to read as
  3  4 follows:
  3  5    328.27  ISSUANCE OF CERTIFICATES.
  3  6    The department shall issue, upon receipt of proper
  3  7 application and fee for registration, a certificate of
  3  8 registration which shall be numbered and recorded by the
  3  9 department, shall state the name and address of the person to
  3 10 whom it is issued, shall be titled with the designation of the
  3 11 class of registrant covered and shall contain other
  3 12 information as the department may prescribe including, in the
  3 13 case of aircraft, a description of the aircraft.  A
  3 14 certificate of registration or special certificate expires at
  3 15 midnight on the last day of the twelfth month of the
  3 16 registration year.
  3 17    Sec. 8.  Section 328.28, Code 2001, is amended to read as
  3 18 follows:
  3 19    328.28  OPERATION UNDER SPECIAL CERTIFICATE.
  3 20    1.  A manufacturer or dealer owning any an aircraft
  3 21 otherwise required to be registered hereunder under this
  3 22 chapter may operate the same aircraft for purposes of
  3 23 transporting, testing, demonstrating, or selling the same
  3 24 aircraft without registering each such the aircraft, upon
  3 25 condition that any such aircraft display therein a special
  3 26 certificate issued to such be obtained by the owner as
  3 27 provided in this section and sections 328.29 to through
  3 28 328.33.
  3 29    2.  A transporter may operate any such an aircraft
  3 30 described in subsection 1 solely for the purpose of delivery
  3 31 upon likewise displaying therein, obtaining a special
  3 32 certificate issued to the transporter as provided in these
  3 33 sections this section and sections 328.29 through 328.33.
  3 34    3.  The provisions of this section and sections 328.29 to
  3 35 through 328.33 shall not apply to aircraft owned by a
  4  1 manufacturer, transporter, or dealer, which are used for hire
  4  2 or principally for transportation of persons and property,
  4  3 aside from the transporting of the aircraft itself, or testing
  4  4 or demonstrating thereof.
  4  5    Sec. 9.  Section 328.29, Code 2001, is amended to read as
  4  6 follows:
  4  7    328.29  APPLICATION FOR SPECIAL CERTIFICATE – FEE.
  4  8    At the time of annual registration, a A manufacturer,
  4  9 transporter, or dealer, may, upon payment of a one hundred
  4 10 dollar fee and an additional ten dollar fee for each aircraft,
  4 11 make application to the department upon such forms as the
  4 12 department may prescribe for a special certificate issued for
  4 13 each aircraft in inventory.  The applicant shall also submit
  4 14 such reasonable proof of the applicant's status as a bona fide
  4 15 manufacturer, transporter, or dealer as the department may
  4 16 require.  Dealers in new aircraft shall furnish satisfactory
  4 17 evidence of a valid franchise with the manufacturer or
  4 18 distributor of such aircraft authorizing such dealership.
  4 19    Sec. 10.  Section 328.30, Code 2001, is amended to read as
  4 20 follows:
  4 21    328.30  ISSUANCE OF SPECIAL CERTIFICATE.
  4 22    The department upon granting an application shall issue to
  4 23 the applicant a special certificate for each aircraft
  4 24 containing the applicant's name, and address, the
  4 25 distinguishing number assigned to the aircraft, and other
  4 26 information as the department may prescribe.
  4 27    Sec. 11.  Section 328.32, Code 2001, is amended to read as
  4 28 follows:
  4 29    328.32  EXPIRATION OF SPECIAL CERTIFICATE.
  4 30    A special certificate expires at midnight on the last day
  4 31 of the registration year June 30, and a new special
  4 32 certificate for the ensuing year may be obtained by the person
  4 33 to whom the expired special certificate was issued, upon
  4 34 application to the department, and payment of the fee provided
  4 35 by law in section 328.29.
  5  1    Sec. 12.  Section 328.33, Code 2001, is amended to read as
  5  2 follows:
  5  3    328.33  RECORDS REQUIRED.
  5  4    Every A manufacturer, transporter, or dealer shall keep a
  5  5 written record of the aircraft upon which such special
  5  6 certificates are used in the manufacturer's, transporter's, or
  5  7 dealer's inventory, which records shall be open to inspection
  5  8 of any police peace officer, or any officer or employee of the
  5  9 department.
  5 10    Sec. 13.  Section 328.35, subsection 1, Code 2001, is
  5 11 amended by adding the following new paragraph:
  5 12    NEW PARAGRAPH.  f.  An aircraft in the inventory of a
  5 13 manufacturer, transporter, or dealer who has a special
  5 14 certificate issued by the department and the special
  5 15 certificate is in effect.
  5 16    Sec. 14.  Section 328.37, Code 2001, is amended to read as
  5 17 follows:
  5 18    328.37  OPERATIONS UNLAWFUL WITHOUT CERTIFICATE.
  5 19    Except as provided in section 328.35, it is unlawful for a
  5 20 person to operate, or cause or authorize to be operated, a
  5 21 civil aircraft, airport, or landing area in this state, unless
  5 22 there has been issued for the aircraft or to the airport or
  5 23 landing area an appropriate certificate of registration or
  5 24 special certificate by the department and the certificate is
  5 25 in effect.
  5 26    Sec. 15.  Section 328.31, Code 2001, is repealed.  
  5 27 
  5 28 
  5 29                                                             
  5 30                               BRENT SIEGRIST
  5 31                               Speaker of the House
  5 32 
  5 33 
  5 34                                                             
  5 35                               MARY E. KRAMER
  6  1                               President of the Senate
  6  2 
  6  3    I hereby certify that this bill originated in the House and
  6  4 is known as House File 2193, Seventy-ninth General Assembly.
  6  5 
  6  6 
  6  7                                                             
  6  8                               MARGARET THOMSON
  6  9                               Chief Clerk of the House
  6 10 Approved                , 2002
  6 11 
  6 12 
  6 13                            
  6 14 THOMAS J. VILSACK
  6 15 Governor
     

Text: HF02192                           Text: HF02194
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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