Text: HSB00036 Text: HSB00038 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 HIGHWAYS 1 3 Section 1. Section 306.19, subsection 2, paragraph a, Code 1 4 2001, is amended to read as follows: 1 5 a. Compensate the owner for any diminution in the market 1 6 value of the property by the denial or alteration by 1 7 lengthening the driveway; however, in. In computingsuchthe 1 8 diminution in value no consideration shall be given to the 1 9 additional maintenance expense for maintaining the additional 1 10 length of driveway, but in lieu thereof, both in condemnation 1 11 proceedings or negotiated purchases, the agency shall pay to 1 12 the owner the sum offivetwenty dollars for every lineal foot 1 13 of additional length of driveway located onsaidthe owner's 1 14 property. This payment shall represent just compensation to 1 15saidthe property owner for the additional driveway 1 16 maintenance caused by reason of the highway or road project. 1 17 Sec. 2. Section 313.10, Code 2001, is amended to read as 1 18 follows: 1 19 313.10 BIDS – ADVERTISING. 1 20 As soon as the approved plans and specifications for any 1 21 primary road construction project are filed with the 1 22 department,itthe department shall, if the estimated cost 1 23 exceeds one thousand dollars, proceed to advertise for bids 1 24 for the construction ofsaidthe improvement. 1 25 The department may contract for the emergency repair, 1 26 restoration, or reconstruction of a highway or bridge without 1 27 advertising for bidsunderif all of the following conditions 1 28 are met: 1 29 1. The emergency was caused by an unforeseen event causing 1 30 the failure of a highway, bridge, or other highway structure 1 31 so that the highway is unserviceable, or where immediate 1 32 action is necessary to prevent further damage or loss;. 1 33 2. The department solicits written bids from three or more 1 34 contractors engaged in the type of work needed; and. 1 35 3. The necessary work can be done for less thanseventy-2 1fivefive hundred thousand dollars. 2 2 4. If possible, the department notifies the appropriate 2 3 Iowa highway contractors' associations of the proposed work. 2 4 DIVISION II 2 5 MOTOR VEHICLES 2 6 Sec. 3. Section 321.271, unnumbered paragraph 2, Code 2 7 2001, is amended to read as follows: 2 8 All written reports filed by a law enforcement officer as 2 9 required under section 321.266 shall be made available to any 2 10 party to an accident, the party's insurance company or its 2 11 agent, the party's attorney, a federal regulatory agency, or 2 12 the attorney general, on written request to the department and 2 13 the payment of a fee of four dollars for each copy. If a copy 2 14 of an investigating officer's report of a motor vehicle 2 15 accident filed with the department is retained by the law 2 16 enforcement agency of the officer who filed the report, a copy 2 17 shall be made available to any party to the accident, the 2 18 party's insurance company or its agent, the party's attorney, 2 19 a federal regulatory agency, or the attorney general, on 2 20 written request and the payment of a fee.TheHowever, the 2 21 attorney general and federal regulatory agencies shall not be 2 22 required by the department or the law enforcement agency to 2 23 pay a fee for a copy of a report filed by a law enforcement or 2 24 investigating officer. 2 25 Sec. 4. Section 321.423, subsection 6, Code 2001, is 2 26 amended to read as follows: 2 27 6. AMBER FLASHING LIGHT. A farm tractor, farm tractor 2 28 with towed equipment, self-propelled implement of husbandry, 2 29 road construction or maintenance vehicle, road grader, or 2 30 other vehicle principally designed for use off the highway 2 31 which, when operated on a primary or secondary road, is 2 32 operated at a speed oftwenty-fivethirty-five miles an hour 2 33 or less, shall be equipped with and display an amber flashing 2 34 light visible from the rear at any time from sunset to 2 35 sunrise. If the amber flashing light is obstructed by the 3 1 towed equipment, the towed equipment shall also be equipped 3 2 with and display an amber flashing light as required under 3 3 this subsection. All vehicles specified in this subsection 3 4 which are manufactured for sale or sold in this state shall be 3 5 equipped with an amber flashing light in accordance with the 3 6 standards of the American society of agricultural engineers. 3 7 Sec. 5. Section 322.2, subsection 14, Code 2001, is 3 8 amended to read as follows: 3 9 14. "Place of business" means a designated location 3 10whereinwhere proper and adequate facilities shall be 3 11 maintained for displaying, reconditioning,andor repairing 3 12eithernew or used cars. 3 13 Sec. 6. Section 322.5, subsection 2, Code 2001, is amended 3 14 by striking the subsection and inserting in lieu thereof the 3 15 following: 3 16 2. a. In addition to selling motor vehicles at the motor 3 17 vehicle dealer's principal place of business and at car lots, 3 18 a motor vehicle dealer may do any of the following: 3 19 (1) Display motor vehicles at fairs, vehicle shows, and 3 20 vehicle exhibitions, upon application for and receipt of a 3 21 temporary permit issued by the department. 3 22 (2) Display, offer for sale, and negotiate sales of motor 3 23 vehicles at county or district fairs, as described in chapter 3 24 174, vehicle shows, and vehicle exhibitions, upon application 3 25 for and receipt of a temporary permit issued by the 3 26 department. Such activities may only be conducted at fairs, 3 27 vehicle shows, and vehicle exhibitions that are held in the 3 28 county of the motor vehicle dealer's principal place of 3 29 business. A sale of a motor vehicle by a motor vehicle dealer 3 30 shall not be completed and an agreement for the sale of a 3 31 motor vehicle shall not be signed at a fair, vehicle show, or 3 32 vehicle exhibition. All such sales shall be consummated at 3 33 the motor vehicle dealer's principal place of business. 3 34 b. An application for a temporary permit under this 3 35 subsection shall be made upon a form provided by the 4 1 department and shall be accompanied by a ten dollar permit 4 2 fee. The department may issue a temporary permit for a period 4 3 not to exceed fourteen days. 4 4 Sec. 7. Section 322B.3, subsection 4, Code 2001, is 4 5 amended to read as follows: 4 6 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS. Mobile home 4 7 dealers, in addition to selling mobile homes at their 4 8 principal place of business and lots, may, upon receipt of a 4 9 temporary permit approved by the department, display and offer 4 10newmobile homes for sale and negotiate sales ofnewmobile 4 11 homes at fairs, shows, and exhibitionswhich are approved by4 12the department. Application for temporary permits shall be 4 13 made upon forms provided by the department and shall be 4 14 accompanied by a ten dollar permit fee. Temporary permits 4 15 shall be issued for a period not to exceed fourteen days. 4 16 Sec. 8. Section 322C.2, subsection 10, Code 2001, is 4 17 amended to read as follows: 4 18 10. "Place of business" means a designated location where 4 19 facilities are maintained for displaying, reconditioning,and4 20 or repairingeithernew or used travel trailers. 4 21 Sec. 9. Section 322C.3, subsection 9, Code 2001, is 4 22 amended to read as follows: 4 23 9. A travel trailer dealer may displaynewtravel trailers 4 24 at fairs, shows, andexhibitsexhibitions on any day of the 4 25 week as provided in this subsection. Travel trailer dealers, 4 26 in addition to selling travel trailers at their principal 4 27 place of business and lots, may, upon receipt of a temporary 4 28 permit approved by the department, display and offernew4 29 travel trailers for sale and negotiate sales ofnewtravel 4 30 trailers at fairs, shows, and exhibitionswhich are approved4 31by the department. Application for temporary permits shall be 4 32 made upon forms provided by the department and shall be 4 33 accompanied by a ten dollar permit fee. Temporary permits 4 34 shall be issued for a period not to exceed fourteen days. 4 35 DIVISION III 5 1 MAILINGS 5 2 Sec. 10. Section 321.16, unnumbered paragraph 1, Code 5 3 2001, is amended to read as follows: 5 4 When the department is authorized or required to give 5 5 notice under this chapter or any other law regulating the 5 6 operation of vehicles, unless a different method of giving 5 7noticesnotice is expressly prescribed, notice shall be given 5 8 either by personal delivery to the person to be so notified or 5 9 by personal service in the manner of original notice by R.C.P. 5 10 56.1, paragraph "a," or bycertifiedfirst class mail 5 11 addressed to the person at the address shownbyin the records 5 12 of the department, notwithstanding chapter 17A.Return5 13acknowledgment is required to prove the latter service.5 14 Sec. 11. Section 321.182, subsection 1, Code 2001, is 5 15 amended to read as follows: 5 16 1. Make application on a form provided by the department 5 17 which shall include the applicant's full name, signature, 5 18 current mailing address, current residential address, date of 5 19 birth, social security number, and physical description 5 20 including sex, height, and eye color. The application may 5 21 contain other information the department may require by rule. 5 22 A licensee shall notify the department when the licensee's 5 23 mailing address changes and provide the new address within ten 5 24 days of obtaining the new address. 5 25 Sec. 12. Section 321.208, subsection 8, unnumbered 5 26 paragraph 2, Code 2001, is amended to read as follows: 5 27 The effective date of disqualification shall be thirty days 5 28 after notification. Immediate notice of disqualification may 5 29 be served on a person operating a commercial motor vehicle who 5 30 refused to submit to a test or whose test results indicate an 5 31 alcohol concentration of 0.04 or more by the peace officer 5 32 administering the chemical test or, notwithstanding chapter 5 33 17A, the department may notify the person bycertifiedfirst 5 34 class mail. If immediate notice is served, the peace officer 5 35 shall take the commercial driver's license or permit of the 6 1 driver, if issued within the state, and issue a temporary 6 2 commercial driver's license effective for only thirty days. 6 3 The peace officer shall immediately send the person's 6 4 commercial driver's license to the department in addition to 6 5 the officer's certification required by this subsection. 6 6 Sec. 13. Section 321.556, subsection 1, Code 2001, is 6 7 amended to read as follows: 6 8 1. If, upon review of the record of convictions of any 6 9 person, the department determines that the person appears to 6 10 be a habitual offender, the department shall immediately 6 11 notify the person in writing and afford the licensee an 6 12 opportunity for a hearing.TheNotwithstanding chapter 17A, 6 13 the notice shall meet the requirements of section17A.126 14 321.16 and shall be served in the manner provided in that 6 15 section. Service of notice on any nonresident of this state 6 16 may be made in the same manner as provided in sections 321.498 6 17 through 321.506. A peace officer stopping a person for whom a 6 18 notice has been issued under this section may personally serve 6 19 the notice upon forms approved by the department to satisfy 6 20 the notice requirements of this section. A peace officer may 6 21 confiscate the driver's license of a person if the license has 6 22 been revoked or has been suspended subsequent to a hearing and 6 23 the person has not forwarded the driver's license to the 6 24 department as required. 6 25 Sec. 14. Section 321J.9, subsection 4, Code 2001, is 6 26 amended to read as follows: 6 27 4. The effective date of revocation shall be ten days 6 28 after the department has mailed notice of revocation to the 6 29 person bycertifiedfirst class mailor, on behalf of the6 30department, a, notwithstanding chapter 17A. The peace officer 6 31offering or directingwho requested or directed the 6 32 administration of a chemical test may, on behalf of the 6 33 department, serve immediate notice of intention to revoke and 6 34 of revocation on a person who refuses to permit chemical 6 35 testing. If the peace officer servesthatimmediate notice, 7 1 the peace officer shall take the Iowa license or permit of the 7 2 driver, if any, and issue a temporary license effective for 7 3onlyten days. The peace officer shall immediately send the 7 4 person's license to the department along with the officer's 7 5 certificate indicating the person's refusal to submit to 7 6 chemical testing. 7 7 Sec. 15. Section 321J.12, subsection 3, Code 2001, is 7 8 amended to read as follows: 7 9 3. The effective date of the revocation shall be ten days 7 10 after the department has mailed notice of revocation to the 7 11 person bycertifiedfirst class mail, notwithstanding chapter 7 12 17A. The peace officer who requested or directed the 7 13 administration of the chemical test may, on behalf of the 7 14 department, serve immediate notice of revocation on a person 7 15 whose test results indicated the presence of a controlled 7 16 substance or other drug, or an alcohol concentration equal to 7 17 or in excess of the level prohibited by section 321J.2, or a 7 18 combination of alcohol and another controlled substance or 7 19 drug in violation of section 321J.2. 7 20 EXPLANATION 7 21 This bill makes several transportation-related policy 7 22 changes in the Code. Division I of the bill relates to road 7 23 maintenance and construction projects. The bill amends Code 7 24 section 306.19 by increasing the compensation to an owner of 7 25 property abutting a road maintenance or construction project 7 26 when the agency having jurisdiction of the road condemns, 7 27 purchases property access rights, or alters by lengthening any 7 28 existing driveway on the owner's property. The bill provides 7 29 that the owner is to be compensated for the diminution in the 7 30 market value of the property at a rate of $20 per lineal foot 7 31 of additional length of driveway located on the owner's 7 32 property, rather than the current rate of $5 per lineal foot. 7 33 The bill amends Code section 313.10 by revising the 7 34 conditions under which the state department of transportation 7 35 may contract for the emergency repair, restoration, or 8 1 reconstruction of a highway or bridge without advertising for 8 2 bids. The bill requires the work to cost less than $500,000 8 3 rather than under $75,000. The bill also requires the 8 4 department to notify the appropriate Iowa highway contractors' 8 5 associations of the proposed work if possible. 8 6 Division II of the bill makes motor vehicle-related Code 8 7 changes. Code section 321.271 is amended to allow federal 8 8 regulatory agencies free access to and copies of written motor 8 9 vehicle accident reports filed by law enforcement officers. 8 10 Currently, Code section 321.271 does not provide federal 8 11 regulatory agencies with such privileges. 8 12 The bill amends Code section 321.423 to increase the speed 8 13 limit, at which a slow-moving vehicle must display an amber 8 14 light, from 25 to 35 miles per hour. 8 15 The bill amends several Code provisions in chapters 322, 8 16 322B, and 322C relating to motor vehicle dealers, mobile home 8 17 dealers, and travel trailer dealers, respectively. The bill 8 18 modifies the definition of a "place of business" for purposes 8 19 of Code chapters 322 and 322C to mean a designated location 8 20 where facilities shall be maintained for displaying, 8 21 reconditioning, or repairing new or used cars or travel 8 22 trailers, as the case may be. The current definition requires 8 23 that facilities be maintained for all three types of 8 24 activities. 8 25 The bill also revises the provisions in Code sections 8 26 322.5, 322B.3, and 322C.3, allowing temporary permits for the 8 27 display, offer for sale, and negotiation of sales of motor 8 28 vehicles, mobile homes, and travel trailers at certain fairs, 8 29 vehicle shows, and vehicle exhibitions. The bill allows the 8 30 issuance of temporary permits for such activities for both new 8 31 and used vehicles rather than only for new vehicles, as is 8 32 currently allowed by those sections. The bill also removes 8 33 the requirement that the fairs, vehicle shows, and vehicle 8 34 exhibitions at which dealers may offer vehicles for sale and 8 35 negotiate sales be approved by the department. 9 1 Division III of the bill allows the state department of 9 2 transportation to use first class mail rather than certified 9 3 mail in several different circumstances. The bill amends the 9 4 provisions in Code section 321.16 regulating the department's 9 5 giving of notices required or authorized under Code chapter 9 6 321 or any other law regulating the operation of vehicles to 9 7 provide that one of the options for giving such notice is via 9 8 first class mail rather than certified mail, notwithstanding 9 9 the Iowa administrative procedure Act. The bill makes the 9 10 same notice options available to the department for notifying 9 11 a person that the department has determined that the person 9 12 appears to be a habitual offender under Code section 321.556. 9 13 The bill also amends Code section 321.182, relating to 9 14 applications for driver's licenses, to require driver's 9 15 licensees to notify the department when the licensee's mailing 9 16 address changes and provide the new address within 10 days of 9 17 obtaining the new address. 9 18 Code sections 321.208, 321J.9, and 321J.12 are amended to 9 19 allow the department to provide notice by first class mail to 9 20 a person of the person's disqualification for a commercial 9 21 driver's license for refusal to submit to or failure of a 9 22 chemical test or of the revocation of the person's driver's 9 23 license or nonresident operating privilege for refusal to 9 24 submit to or failure of a chemical test under the operating 9 25 while intoxicated provisions of the Code. 9 26 LSB 1160DP 79 9 27 nh/pj/5.1
Text: HSB00036 Text: HSB00038 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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