Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 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 309.35, Code 2001, is amended to read as 1 18 follows: 1 19 309.35 SURVEYS REQUIRED. 1 20 Before proceeding to the construction of any road or roads 1 21 included insaidthe secondary road construction program where 1 22 the grading, exclusive of bridges and culverts, is estimated 1 23 to cost overthreeten thousand dollars per mile, the county 1 24 engineer shall cause detailed surveys and plans forsaidthe 1 25 road or roads to be prepared. 1 26 Sec. 3. Section 313.10, Code 2001, is amended to read as 1 27 follows: 1 28 313.10 BIDS – ADVERTISING. 1 29 As soon as the approved plans and specifications for any 1 30 primary road construction project are filed with the 1 31 department,itthe department shall, if the estimated cost 1 32 exceeds one thousand dollars, proceed to advertise for bids 1 33 for the construction ofsaidthe improvement. 1 34 The department may contract for the emergency repair, 1 35 restoration, or reconstruction of a highway or bridge without 2 1 advertising for bidsunderif all of the following conditions 2 2 are met: 2 3 1. The emergency was caused by an unforeseen event causing 2 4 the failure of a highway, bridge, or other highway structure 2 5 so that the highway is unserviceable, or where immediate 2 6 action is necessary to prevent further damage or loss;. 2 7 2. The department solicits written bids from three or more 2 8 contractors engaged in the type of work needed; and. 2 9 3. The necessary work can be done for less thanseventy-2 10fivefive hundred thousand dollars. 2 11 4. If possible, the department notifies the appropriate 2 12 Iowa highway contractors' associations of the proposed work. 2 13 Sec. 4. Section 314.1, Code 2001, is amended to read as 2 14 follows: 2 15 314.1 BIDDERS' STATEMENTS OF QUALIFICATIONS – BASIS FOR 2 16 AWARDING CONTRACTS. 2 17 1. The agency having charge of the receipt of bids and the 2 18 award of contracts for the construction, reconstruction, 2 19 improvement, repair, or maintenance ofanya highway, bridge, 2 20 or culvert may require, for any highway, bridge, or culvert 2 21 contract letting, that each biddershallfile withsaidthe 2 22 agency a statement showing the bidder's financial standing, 2 23 equipment, and experience in the execution of like or similar 2 24 work.SaidThe statements shall be on standard forms prepared 2 25 by the department and shall be filed withsaidthe agency 2 26previousprior to the letting at whichsuchthe bidder expects 2 27 to bid. The agency may, in advance of the letting, notify the 2 28 bidder as to the amount and the nature of the work for which 2 29 the bidder is deemed qualified to bid. A bidder who is 2 30 prequalified under this subsection by the department shall be 2 31 deemed qualified for a highway, bridge, or culvert contract 2 32 letting by any other agency and shall submit proof of the 2 33 prequalification in a manner determined by the department if 2 34 required to do so by the agency. 2 35 2. Notwithstanding any other provision of law to the 3 1 contrary, a public improvement that involves the construction, 3 2 reconstruction, improvement, or repair of a highway, bridge, 3 3 or culvert and that has a cost in excess of the applicable 3 4 threshold in section 73A.18, 262.34, 297.7, 309.40, 310.14, 3 5 313.10, or 384.96 shall be advertised and let for bid. 3 6 3. In the award of contracts for the construction, 3 7 reconstruction, improvement, repair, or maintenance ofanya 3 8 highway, bridge, or culvert, the agency having charge of 3 9 awarding such contracts shall give due consideration not only 3 10 to the prices bid but also to the mechanical or other 3 11 equipment and the financial responsibility and experience in 3 12 the performance of like or similar contracts. The agency may 3 13 reject any or all bids, or may let by private contract or3 14build by day labor, at a cost not in excess of the lowest bid3 15received. Upon the completion ofanya contract or project on 3 16 either the farm-to-market or secondary road system, the county 3 17 engineer shall file with the county auditor a statement 3 18 showing the total cost thereof with certificate thatsaidthe 3 19 work has been done in accordance with the plans and 3 20 specifications. All contracts shall be in writing and shall 3 21 be secured by a bond for the faithful performance thereof as 3 22 provided by law. 3 23 Sec. 5. Section 314.2, Code 2001, is amended to read as 3 24 follows: 3 25 314.2 INTEREST IN CONTRACT PROHIBITED. 3 26NoA state or county official or employee, elective or 3 27 appointive, shall not be directly or indirectly interested in 3 28anya contract for the construction, reconstruction, 3 29 improvement, or maintenance ofanya highway, bridge, or 3 30 culvert, or the furnishing of materialsthereforfor such a 3 31 contract, unless the contract is let pursuant to public notice 3 32 and competitive bid. The letting of a contract in violation 3 33 ofthe foregoing provisionsthis section shall invalidate the 3 34 contract and such violation shall be a complete defense to any 3 35 action to recover any consideration due or earned under the 4 1 contract at the time of its termination. 4 2 Sec. 6. Section 314.13, Code 2001, is amended by adding 4 3 the following new subsection: 4 4 NEW SUBSECTION. 5. "Highway" or "street" means the entire 4 5 width between property lines of every way or place of whatever 4 6 nature when any part thereof is open to the use of the public, 4 7 as a matter of right, for purposes of vehicular traffic. 4 8 Sec. 7. Section 320.5, Code 2001, is amended to read as 4 9 follows: 4 10 320.5 TERM OF GRANT. 4 11Such grantsA grant made under section 320.4 shall be on 4 12 such reasonable conditions as the state department of 4 13 transportation or the board of supervisors may exact, and on 4 14 such conditions as the general assembly mayhereafter4 15 prescribe.Grants for gas or water mains shall not exceed4 16twenty years.4 17 DIVISION II 4 18 VEHICLES 4 19 Sec. 8. Section 321.1, Code 2001, is amended by adding the 4 20 following new subsection: 4 21 NEW SUBSECTION. 83B. "Tracked implement of husbandry" 4 22 means a fence-line feeder, grain cart, or tank wagon that is 4 23 mounted on a chassis attached to a pair of tracks that 4 24 transfer the weight of the implement to the ground or the 4 25 roadway surface. 4 26 Sec. 9. Section 321.20B, subsection 6, Code 2001, is 4 27 amended to read as follows: 4 28 6. This section does not apply to a snowmobile or all- 4 29 terrain vehicle or to a motor vehicle identified in section 4 30 321.18, subsections 1 through 6, and subsection 8. 4 31 Sec. 10. Section 321.34, Code 2001, is amended by adding 4 32 the following new subsection: 4 33 NEW SUBSECTION. 12A. An owner of a vehicle referred to in 4 34 subsection 12 who applies for any type of special registration 4 35 plates associated with service in the United States armed 5 1 forces shall be issued one set of the special registration 5 2 plates at no charge, but shall be subject to the annual 5 3 registration fee of fifteen dollars if all of the following 5 4 conditions are met: 5 5 a. The owner is eligible for, but has relinquished to the 5 6 department or the county treasurer or has not been issued, 5 7 congressional medal of honor, ex-prisoner of war, or legion of 5 8 merit special registration plates under this section, or 5 9 disabled veteran registration plates under section 321.105. 5 10 b. The owner provides the appropriate information 5 11 regarding the owner's eligibility for any of the special 5 12 registration plates described in paragraph "a", and regarding 5 13 the owner's eligibility for the special registration plates 5 14 for which the owner has applied, as required by the 5 15 department. 5 16 A disabled veteran shall be exempt from payment of the 5 17 fifteen dollar annual registration fee as provided in section 5 18 321.105. 5 19 Upon the death of the vehicle owner entitled to the special 5 20 registration plates, the special registration plates shall be 5 21 surrendered to the department or the county treasurer. 5 22 Sec. 11. Section 321.271, unnumbered paragraph 2, Code 5 23 2001, is amended to read as follows: 5 24 All written reports filed by a law enforcement officer as 5 25 required under section 321.266 shall be made available to any 5 26 party to an accident, the party's insurance company or its 5 27 agent, the party's attorney, the federal motor carrier safety 5 28 administration, or the attorney general, on written request to 5 29 the department and the payment of a fee of four dollars for 5 30 each copy. If a copy of an investigating officer's report of 5 31 a motor vehicle accident filed with the department is retained 5 32 by the law enforcement agency of the officer who filed the 5 33 report, a copy shall be made available to any party to the 5 34 accident, the party's insurance company or its agent, the 5 35 party's attorney, the federal motor carrier safety 6 1 administration, or the attorney general, on written request 6 2 and the payment of a fee.TheHowever, the attorney general 6 3 and the federal motor carrier safety administration shall not 6 4 be required by the department or the law enforcement agency to 6 5 pay a fee for a copy of a report filed by a law enforcement or 6 6 investigating officer. 6 7 Sec. 12. Section 321.423, subsection 6, Code 2001, is 6 8 amended to read as follows: 6 9 6. AMBER FLASHING LIGHT. A farm tractor, farm tractor 6 10 with towed equipment, self-propelled implement of husbandry, 6 11 road construction or maintenance vehicle, road grader, or 6 12 other vehicle principally designed for use off the highway 6 13 which, when operated on a primary or secondary road, is 6 14 operated at a speed oftwenty-fivethirty-five miles an hour 6 15 or less, shall be equipped with and display an amber flashing 6 16 light visible from the rear at any time from sunset to 6 17 sunrise. If the amber flashing light is obstructed by the 6 18 towed equipment, the towed equipment shall also be equipped 6 19 with and display an amber flashing light as required under 6 20 this subsection. All vehicles specified in this subsection 6 21 which are manufactured for sale or sold in this state shall be 6 22 equipped with an amber flashing light in accordance with the 6 23 standards of the American society of agricultural engineers. 6 24 Sec. 13. Section 321.450, Code 2001, is amended by adding 6 25 the following new unnumbered paragraph: 6 26 NEW UNNUMBERED PARAGRAPH. Notwithstanding other provisions 6 27 of this section to the contrary, a driver who is engaged 6 28 exclusively in intrastate commerce and who operates a truck or 6 29 truck-tractor exclusively for the movement of refined oil 6 30 products may drive twelve hours, be on duty sixteen hours in a 6 31 twenty-four-hour period, and be on duty seventy hours in seven 6 32 consecutive days, or eighty hours in eight consecutive days. 6 33 Sec. 14. Section 321.457, subsection 2, paragraph d, Code 6 34 2001, is amended to read as follows: 6 35 d. A combination of three vehicles coupled together one of 7 1 which is a motor vehicle, unladen or with load, other than a 7 2 truck tractor, shall not have an overall length, inclusive of 7 3 front and rear bumpers, in excess ofsixtyseventy feet. 7 4 Sec. 15. Section 321.457, subsection 2, Code 2001, is 7 5 amended by adding the following new paragraphs: 7 6 NEW PARAGRAPH. j. A motor home shall not have an overall 7 7 length, excluding front and rear bumpers and safety equipment, 7 8 in excess of forty-five feet. 7 9 NEW PARAGRAPH. k. A combination of two vehicles coupled 7 10 together, one of which is a motor home, shall not have an 7 11 overall length in excess of sixty-five feet. 7 12 NEW PARAGRAPH. l. A combination of two vehicles coupled 7 13 together, one of which is a travel trailer or fifth-wheel 7 14 travel trailer, shall not have an overall length in excess of 7 15 sixty-five feet. 7 16 Sec. 16. Section 321.463, subsection 4, paragraph b, 7 17 subparagraph (1), Code 2001, is amended by adding the 7 18 following new unnumbered paragraph after unnumbered paragraph 7 19 1: 7 20 NEW UNNUMBERED PARAGRAPH. Notwithstanding any provision of 7 21 this section to the contrary, a tracked implement of husbandry 7 22 operated on the highways of this state shall not have a 7 23 maximum gross weight in excess of ninety-six thousand pounds. 7 24 Sec. 17. Section 321.463, subsection 4, paragraph b, 7 25 subparagraph (1), unnumbered paragraph 2, Code 2001, is 7 26 amended to read as follows: 7 27 A fence-line feeder, grain cart,ortank wagon, or tracked 7 28 implement of husbandry shall comply with the other provisions 7 29 of this section and chapter when operated over a bridge in 7 30 this state. A local authority may issue a special permit, 7 31 based on a statewide standard developed by the department, 7 32 allowing the operation over a bridge within its jurisdiction 7 33 of a fence-line feeder, grain cart,ortank wagon, or tracked 7 34 implement of husbandry with a weight in excess of the weights 7 35 allowed under this chapter. 8 1 Sec. 18. Section 321.463, subsection 5, Code 2001, is 8 2 amended by adding the following new paragraph: 8 3 NEW PARAGRAPH. e. The maximum gross weight allowed to be 8 4 carried on a tracked implement of husbandry when operated on a 8 5 noninterstate highway bridge is as follows: 8 6 NONINTERSTATE HIGHWAY BRIDGES 8 7 MAXIMUM GROSS WEIGHT TABLE 8 8 TRACKED IMPLEMENTS OF HUSBANDRY 8 9 Length of Track Weight in 8 10 in Feet Pounds 8 11 4 34,000 8 12 5 34,000 8 13 6 34,000 8 14 7 34,000 8 15 8 42,000 8 16 9 42,500 8 17 10 45,000 8 18 11 46,000 8 19 12 47,000 8 20 13 48,500 8 21 14 49,500 8 22 15 50,500 8 23 16 51,500 8 24 17 54,000 8 25 18 55,000 8 26 19 56,000 8 27 20 57,000 8 28 21 58,000 8 29 22 59,000 8 30 23 60,000 8 31 24 61,000 8 32 25 62,000 8 33 26 63,000 8 34 27 64,000 8 35 28 65,000 9 1 29 66,000 9 2 30 67,000 9 3 31 68,000 9 4 32 69,000 9 5 33 70,000 9 6 34 71,000 9 7 35 72,000 9 8 36 73,000 9 9 37 74,000 9 10 38 75,000 9 11 39 76,000 9 12 40 77,000 9 13 41 78,000 9 14 42 79,000 9 15 43 80,000 9 16 "Length of track in feet" means the length of track on one 9 17 side of the tracked implement of husbandry which is in contact 9 18 with the ground or roadway surface. 9 19 Sec. 19. Section 321E.8, subsection 2, Code 2001, is 9 20 amended to read as follows: 9 21 2. Vehicles with indivisible loads having an overall width 9 22 not to exceedtwelvethirteen feet five inches or mobile 9 23 homes, including appurtenances, having an overall width not to 9 24 exceedtwelvethirteen feet five inches and an overall length 9 25 not to exceed one hundred twenty feet zero inches may be moved 9 26 on highways specified by the permitting authority for 9 27 unlimited distances if the height of the vehicle and load does 9 28 not exceed fifteen feet five inches and the total gross weight 9 29 of the vehicle does not exceed one hundred thirty-six thousand 9 30 pounds. The vehicle owner or operator shall verify with the 9 31 permitting authority prior to movement of the load that 9 32 highway conditions have not changed so as to prohibit movement 9 33 of the vehicle. Any cost to repair damage to highways or 9 34 highway structures shall be borne by the owner or operator of 9 35 the vehicle causing the damage. Permitted vehicles under this 10 1 subsection shall not be allowed to travel on any portion of 10 2 the interstate highway system. 10 3 Sec. 20. Section 321E.8, subsection 4, Code 2001, is 10 4 amended by striking the subsection. 10 5 Sec. 21. Section 321E.14, Code 2001, is amended to read as 10 6 follows: 10 7 321E.14 FEES FOR PERMITS. 10 8 The department or local authorities issuing permits shall 10 9 charge a fee of twenty-five dollars for an annual permit 10 10 issued under section 321E.8, subsection 1,or 3,or 4,a fee 10 11 of three hundred dollars for an annual permit issued under 10 12 section 321E.8, subsection 2, a fee of two hundred dollars for 10 13 a multi-trip permit, and a fee of ten dollars for a single- 10 14 trip permit, and shall determine charges for special permits 10 15 issued pursuant to section 321E.29 by rules adopted pursuant 10 16 to chapter 17A. Fees for the movement of buildings, parts of 10 17 buildings, or unusual vehicles or loads may be increased to 10 18 cover the costs of inspections by the issuing authority. A 10 19 fee not to exceed two hundred fifty dollars per day or a 10 20 prorated fraction of that fee per person and car for escort 10 21 service may be charged when requested or when required under 10 22 this chapter. Proration of escort fees between state and 10 23 local authorities when more than one governmental authority 10 24 provides or is required to provide escort for a movement 10 25 during the period of a day shall be determined by rule under 10 26 section 321E.15. The department and local authorities may 10 27 charge a permit applicant for the cost of trimming trees and 10 28 removal and replacement of natural obstructions or official 10 29 signs and signals or other public or private property required 10 30 to be removed during the movement of a vehicle and load. In 10 31 addition to the fees provided in this section, the annual fee 10 32 for a permit for special mobile equipment, as defined in 10 33 section 321.1, subsection 75, operated pursuant to section 10 34 321E.7, subsection 2, with a combined gross weight up to and 10 35 including eighty thousand pounds shall be twenty-five dollars 11 1 and for a combined gross weight exceeding eighty thousand 11 2 pounds, fifty dollars. 11 3 The annual fee for an all-system permit is one hundred 11 4 twenty dollars which shall be deposited in the road use tax 11 5 fund. 11 6 DIVISION III 11 7 VEHICLE MANUFACTURERS, DISTRIBUTORS, 11 8 DEALERS, AND FRANCHISERS 11 9 Sec. 22. Section 322.2, Code 2001, is amended by adding 11 10 the following new subsection: 11 11 NEW SUBSECTION. 20A. "Special equipment" means equipment 11 12 installed on a motor truck which, in combination with the 11 13 motor truck on which the equipment is installed, constitutes a 11 14 self-contained unit configured for a specific purpose. To 11 15 constitute special equipment, a minimum of seven thousand five 11 16 hundred dollars or twenty-five percent of the retail value of 11 17 the motor truck, whichever is greater, must be expended in 11 18 installing the equipment on the motor truck, including the 11 19 cost of the equipment. "Special equipment" does not include 11 20 equipment designed for the transportation of passengers. 11 21 Sec. 23. Section 322.3, subsection 13, Code 2001, is 11 22 amended to read as follows: 11 23 13. A manufacturer, distributor, or importer of motor 11 24 vehicles or agent or representative of such manufacturer, 11 25 distributor, or importer shall not reduce the amount of 11 26 compensation for, or disallow a claim for,warrantyany of the 11 27 following if twelve months or more have passed since the claim 11 28 was submitted to the manufacturer, distributor, or importer or 11 29 agent or representative thereof: 11 30 a. Warranty parts, repairs, or service supplied by a motor 11 31 vehicle dealerif twelve months or more have passed since the11 32warranty claim was submitted to the manufacturer, distributor,11 33or importer of motor vehicles or agent or representative11 34thereof. 11 35 b. Sales or leasing incentives provided to a motor vehicle 12 1 dealer or to a customer of a motor vehicle dealer including, 12 2 but not limited to, rebates and discounted interest rates. 12 3 PARAGRAPH DIVIDED. The twelve-month limitation shall not 12 4 apply if a court of competent jurisdiction in this state finds 12 5 thewarrantyclaim was fraudulent. 12 6 Sec. 24. Section 322.3, subsection 14, unnumbered 12 7 paragraph 1, Code 2001, is amended to read as follows: 12 8 A manufacturer, distributor, wholesaler,or importer shall 12 9 not directly or indirectly be licensed as, own an interest in, 12 10 operate, or control a motor vehicle dealer. This subsection 12 11 shall not prohibit any of the following: 12 12 Sec. 25. Section 322.5, subsection 2, Code 2001, is 12 13 amended by striking the subsection and inserting in lieu 12 14 thereof the following: 12 15 2. a. In addition to selling motor vehicles at the motor 12 16 vehicle dealer's principal place of business and at car lots, 12 17 a motor vehicle dealer may do any of the following: 12 18 (1) Display new motor vehicles at fairs, vehicle shows, 12 19 and vehicle exhibitions, upon application for and receipt of a 12 20 temporary permit issued by the department. 12 21 (2) Display, offer for sale, and negotiate sales of new 12 22 motor vehicles at county or district fairs, as described in 12 23 chapter 174, vehicle shows, and vehicle exhibitions, upon 12 24 application for and receipt of a temporary permit issued by 12 25 the department. Such activities may only be conducted at 12 26 fairs, vehicle shows, and vehicle exhibitions that are held in 12 27 the county of the motor vehicle dealer's principal place of 12 28 business. A sale of a motor vehicle by a motor vehicle dealer 12 29 shall not be completed and an agreement for the sale of a 12 30 motor vehicle shall not be signed at a fair, vehicle show, or 12 31 vehicle exhibition. All such sales shall be consummated at 12 32 the motor vehicle dealer's principal place of business. 12 33 b. An application for a temporary permit under this 12 34 subsection shall be made upon a form provided by the 12 35 department and shall be accompanied by a ten dollar permit 13 1 fee. The department may issue a temporary permit for a period 13 2 not to exceed fourteen days. 13 3 Sec. 26. Section 322.28, Code 2001, is amended to read as 13 4 follows: 13 5 322.28 DISTRIBUTOR OR WHOLESALER'S LICENSE. 13 6 A distributor or wholesaler of new motor vehicles shall not 13 7 sell or offer for sale a new motor vehicle at retail unless 13 8 licensed as a new motor vehicle dealer. A licensed 13 9 distributor or wholesaler of a new motor vehicle shall not 13 10 register or title a new motor vehicle held for sale and shall 13 11 transfer ownership of a new motor vehicle by assigning the 13 12 manufacturer's statement of origin for the vehicle. 13 13 Sec. 27. Section 322.29, subsection 5, Code 2001, is 13 14 amended to read as follows: 13 15 5. Upon payment of the license fee as provided in this 13 16 section, a person who installs cranes, hook loaders, buckets, 13 17 aerial ladders,ortanks, or special equipment on new 13 18 completed motor trucks with a gross vehicle weight rating of 13 19nineteenfourteen thousand five hundred pounds or more may be 13 20 issued a license as a wholesaler of new motor vehicles of the 13 21 make and model on which the equipment is installed without 13 22 written authorization from the manufacturer. 13 23 Sec. 28. Section 322A.1, Code 2001, is amended by adding 13 24 the following new subsection: 13 25 NEW SUBSECTION. 9A. "Substantially detrimental" means 13 26 that, by a preponderance of the evidence, the market share of 13 27 the franchiser's motor vehicles in the community will be 13 28 significantly reduced in comparison to the franchiser's 13 29 historical market share in the community. 13 30 Sec. 29. Section 322A.11, unnumbered paragraph 1, Code 13 31 2001, is amended to read as follows: 13 32 Notwithstanding the terms, provisions, or conditions of any 13 33 agreement or franchise, the following shall notconstitutebe 13 34 considered facts supporting a finding of good cause for the 13 35 termination or noncontinuation of a franchise, or for entering 14 1 into a franchise for the establishment of an additional 14 2 dealership in a community for the same line-make: 14 3 Sec. 30. Section 322A.11, subsections 2 and 5, Code 2001, 14 4 are amended to read as follows: 14 5 2. The change of ownership of the franchisee's dealership 14 6 or the change of executive management of the franchisee's 14 7 dealership, unless the franchiser, having the burden of proof, 14 8 proves that such change of ownership or executive management 14 9 will be substantially detrimental to the distribution of the 14 10 franchiser's motor vehicles in the community and that good 14 11 cause for the termination or noncontinuation of the franchise 14 12 or for the establishment of an additional dealership otherwise 14 13 exists. 14 14 5. The fact that the dealership does not meet an index or 14 15 standard established by the franchiser, unless the franchiser 14 16 proves that the failure of the dealership to meet the index or 14 17 standard will be substantially detrimental to the distribution 14 18 of the franchiser's motor vehicles in the community and that 14 19 good cause for the termination or noncontinuation of the 14 20 franchise or for the establishment of an additional dealership 14 21 otherwise exists. 14 22 Sec. 31. Section 322B.3, subsection 4, Code 2001, is 14 23 amended to read as follows: 14 24 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS. Mobile home 14 25 dealers, in addition to selling mobile homes at their 14 26 principal place of business and lots, may, upon receipt of a 14 27 temporary permit approved by the department, display and offer 14 28 new mobile homes for sale and negotiate sales of new mobile 14 29 homes at fairs, shows, and exhibitionswhich are approved by14 30the department. Application for temporary permits shall be 14 31 made upon forms provided by the department and shall be 14 32 accompanied by a ten dollar permit fee. Temporary permits 14 33 shall be issued for a period not to exceed fourteen days. 14 34 Sec. 32. Section 322C.3, subsection 9, Code 2001, is 14 35 amended to read as follows: 15 1 9. A travel trailer dealer may display new travel trailers 15 2 at fairs, shows, andexhibitsexhibitions on any day of the 15 3 week as provided in this subsection. Travel trailer dealers, 15 4 in addition to selling travel trailers at their principal 15 5 place of business and lots, may, upon receipt of a temporary 15 6 permit approved by the department, display and offer new 15 7 travel trailers for sale and negotiate sales of new travel 15 8 trailers at fairs, shows, and exhibitionswhich are approved15 9by the department. Application for temporary permits shall be 15 10 made upon forms provided by the department and shall be 15 11 accompanied by a ten dollar permit fee. Temporary permits 15 12 shall be issued for a period not to exceed fourteen days. 15 13 DIVISION IV 15 14 MAILINGS 15 15 Sec. 33. Section 321.16, unnumbered paragraph 1, Code 15 16 2001, is amended to read as follows: 15 17 When the department is authorized or required to give 15 18 notice under this chapter or any other law regulating the 15 19 operation of vehicles, unless a different method of giving 15 20noticesnotice is expressly prescribed, notice shall be given 15 21 either by personal delivery to the person to be so notified or 15 22 by personal service in the manner of original notice by R.C.P. 15 23 56.1, paragraph "a," or bycertifiedfirst class mail 15 24 addressed to the person at the address shownbyin the records 15 25 of the department, notwithstanding chapter 17A.Return15 26acknowledgment is required to prove the latter service.15 27 Sec. 34. Section 321.182, subsection 1, Code 2001, is 15 28 amended to read as follows: 15 29 1. Make application on a form provided by the department 15 30 which shall include the applicant's full name, signature, 15 31 current mailing address, current residential address, date of 15 32 birth, social security number, and physical description 15 33 including sex, height, and eye color. The application may 15 34 contain other information the department may require by rule. 15 35 A licensee shall notify the department when the licensee's 16 1 mailing address changes and provide the new address within ten 16 2 days of obtaining the new address. 16 3 Sec. 35. Section 321.208, subsection 8, unnumbered 16 4 paragraph 2, Code 2001, is amended to read as follows: 16 5 The effective date of disqualification shall be thirty days 16 6 after notification. Immediate notice of disqualification may 16 7 be served on a person operating a commercial motor vehicle who 16 8 refused to submit to a test or whose test results indicate an 16 9 alcohol concentration of 0.04 or more by the peace officer 16 10 administering the chemical test or, notwithstanding chapter 16 11 17A, the department may notify the person bycertifiedfirst 16 12 class mail. If immediate notice is served, the peace officer 16 13 shall take the commercial driver's license or permit of the 16 14 driver, if issued within the state, and issue a temporary 16 15 commercial driver's license effective for only thirty days. 16 16 The peace officer shall immediately send the person's 16 17 commercial driver's license to the department in addition to 16 18 the officer's certification required by this subsection. 16 19 Sec. 36. Section 321.556, subsection 1, Code 2001, is 16 20 amended to read as follows: 16 21 1. If, upon review of the record of convictions of any 16 22 person, the department determines that the person appears to 16 23 be a habitual offender, the department shall immediately 16 24 notify the person in writing and afford the licensee an 16 25 opportunity for a hearing.TheNotwithstanding chapter 17A, 16 26 the notice shall meet the requirements of section17A.1216 27 321.16 and shall be served in the manner provided in that 16 28 section. Service of notice on any nonresident of this state 16 29 may be made in the same manner as provided in sections 321.498 16 30 through 321.506. A peace officer stopping a person for whom a 16 31 notice has been issued under this section may personally serve 16 32 the notice upon forms approved by the department to satisfy 16 33 the notice requirements of this section. A peace officer may 16 34 confiscate the driver's license of a person if the license has 16 35 been revoked or has been suspended subsequent to a hearing and 17 1 the person has not forwarded the driver's license to the 17 2 department as required. 17 3 Sec. 37. Section 321J.9, subsection 4, Code 2001, is 17 4 amended to read as follows: 17 5 4. The effective date of revocation shall be ten days 17 6 after the department has mailed notice of revocation to the 17 7 person bycertifiedfirst class mail,or, on behalf of the17 8department, anotwithstanding chapter 17A. The peace officer 17 9offering or directingwho requested or directed the 17 10 administration of a chemical test may, on behalf of the 17 11 department, serve immediate notice of intention to revoke and 17 12 of revocation on a person who refuses to permit chemical 17 13 testing. If the peace officer servesthatimmediate notice, 17 14 the peace officer shall take the Iowa license or permit of the 17 15 driver, if any, and issue a temporary license effective for 17 16onlyten days. The peace officer shall immediately send the 17 17 person's license to the department along with the officer's 17 18 certificate indicating the person's refusal to submit to 17 19 chemical testing. 17 20 Sec. 38. Section 321J.12, subsection 3, Code 2001, is 17 21 amended to read as follows: 17 22 3. The effective date of the revocation shall be ten days 17 23 after the department has mailed notice of revocation to the 17 24 person bycertifiedfirst class mail, notwithstanding chapter 17 25 17A. The peace officer who requested or directed the 17 26 administration of the chemical test may, on behalf of the 17 27 department, serve immediate notice of revocation on a person 17 28 whose test results indicated the presence of a controlled 17 29 substance or other drug, or an alcohol concentration equal to 17 30 or in excess of the level prohibited by section 321J.2, or a 17 31 combination of alcohol and another controlled substance or 17 32 drug in violation of section 321J.2. 17 33 Sec. 39. Section 805.8, subsection 2, paragraph f, Code 17 34 2001, is amended to read as follows: 17 35 f. For violations of the conditions or restrictions of a 18 1 driver's license under sections 321.180, 321.180B, 321.193, 18 2 and 321.194, the scheduled fine is twenty dollars. For 18 3 failure to notify the state department of transportation of an 18 4 address change under section 321.182, the scheduled fine is 18 5 fifteen dollars. 18 6 DIVISION V 18 7 MISCELLANEOUS PROVISIONS 18 8 Sec. 40. RELOCATION OF UTILITY LINES AND MAINS – STUDY. 18 9 The state department of transportation shall conduct a study 18 10 and present a report to the general assembly by January 31, 18 11 2002, regarding the compliance by utility companies with 18 12 requirements regarding the relocation of electrical or 18 13 telephone transmission lines or of water and gas mains on 18 14 highway construction or reconstruction projects. The report 18 15 shall document cases when relocation of such lines or mains on 18 16 a highway project was not timely, state the financial impact 18 17 on such projects, and may include department recommendations 18 18 for further remedies to ensure timely compliance with utility 18 19 relocation requirements. 18 20 Sec. 41. EFFECTIVE DATE. Sections 24 and 26 of this Act, 18 21 amending section 322.3, subsection 14, and section 322.28, 18 22 respectively, being deemed of immediate importance, take 18 23 effect upon enactment. 18 24 EXPLANATION 18 25 This bill makes several transportation-related policy 18 26 changes in the Code. Division I of the bill relates to road 18 27 maintenance and construction projects. The bill amends Code 18 28 section 306.19 by increasing the compensation to an owner of 18 29 property abutting a road maintenance or construction project 18 30 when the agency having jurisdiction of the road condemns, 18 31 purchases property access rights, or alters by lengthening any 18 32 existing driveway on the owner's property. The bill provides 18 33 that the owner is to be compensated for the diminution in the 18 34 market value of the property at a rate of $20 per lineal foot 18 35 of additional length of driveway located on the owner's 19 1 property, rather than the current rate of $5 per lineal foot. 19 2 Code section 309.35 is amended to increase the threshold at 19 3 which a county engineer must prepare detailed surveys and 19 4 plans for a secondary road construction project from a grading 19 5 cost of $3,000 per mile to a grading cost of $10,000 per mile. 19 6 The bill amends Code section 313.10 by revising the 19 7 conditions under which the state department of transportation 19 8 may contract for the emergency repair, restoration, or 19 9 reconstruction of a highway or bridge without advertising for 19 10 bids. The bill requires the work to cost less than $500,000 19 11 rather than under $75,000. The bill also requires the 19 12 department to notify the appropriate Iowa highway contractors' 19 13 associations of the proposed work if possible. 19 14 The bill amends several provisions in Code chapter 314, 19 15 relating to administrative provisions for highways. Code 19 16 section 314.1 is amended to provide that a bidder on a highway 19 17 construction project who is prequalified with the state 19 18 department of transportation shall be deemed qualified for 19 19 other governmental agencies' highway construction projects if 19 20 the bidder submits proof of prequalification in a manner 19 21 determined by the department if required to do so by the 19 22 agency. 19 23 The bill adds a provision to Code section 314.1 stating 19 24 that a public improvement that involves the construction, 19 25 reconstruction, improvement, or repair of a highway, bridge, 19 26 or culvert shall be advertised and let for bid if the project 19 27 meets the applicable cost threshold for competitive bidding 19 28 requirements, notwithstanding any provisions to the contrary. 19 29 Currently, under Code section 384.96, certain types of city 19 30 projects are excluded from the competitive bidding 19 31 requirements. Only those projects that meet the definition of 19 32 a public improvement under Code section 384.95 must be 19 33 competitively bid. A public improvement does not include an 19 34 urban renewal demolition or low-rent housing project, 19 35 industrial aid project authorized under Code chapter 419, 20 1 emergency work, or work performed by employees of a city or a 20 2 city utility. 20 3 The bill eliminates a provision from Code section 314.1 20 4 that allows an agency to let by private contract or build by 20 5 day labor at a cost not in excess of the lowest bid received 20 6 on a highway construction, reconstruction, improvement, 20 7 repair, or maintenance project. The bill amends Code section 20 8 314.1 to include bridge and culvert construction, 20 9 reconstruction, improvement, repair, or maintenance projects 20 10 within the scope of the provisions regulating the awarding of 20 11 contracts for certain highway projects. The bill defines 20 12 "highway" or "street" for purposes of Code chapter 314 as the 20 13 entire width between property lines of every way or place of 20 14 whatever nature when any part thereof is open to the use of 20 15 the public, as a matter of right, for purposes of vehicular 20 16 traffic. 20 17 Code section 314.2 is amended to allow a state or county 20 18 official or employee, elective or appointive, to have an 20 19 interest in a contract for the construction, reconstruction, 20 20 improvement, or maintenance of a highway, bridge, or culvert, 20 21 or the furnishing of materials for such a contract if the 20 22 contract is let pursuant to public notice and competitive bid. 20 23 The bill amends Code section 320.5 to remove a 20-year 20 24 limitation on the length of time for which a grant may be made 20 25 by the state department of transportation or a county board of 20 26 supervisors to allow the laying of gas mains in highways 20 27 outside cities to local municipal distributing plants or 20 28 companies or to allow the laying of water mains in, under, or 20 29 along highways. The bill also specifies that such grants made 20 30 by the department shall be on such reasonable conditions as 20 31 the department may exact. The current language already 20 32 includes this specification for counties. 20 33 Division II of the bill makes vehicle-related Code changes. 20 34 The bill defines "tracked implement of husbandry" for 20 35 purposes of Code chapter 321 as a fence-line feeder, grain 21 1 cart, or tank wagon that is mounted on a chassis attached to a 21 2 pair of tracks that transfer the weight of the implement to 21 3 the ground or the roadway surface. The bill amends Code 21 4 section 321.463 to provide that a tracked implement of 21 5 husbandry shall not have a maximum gross weight over 96,000 21 6 pounds. The bill requires such an implement to comply with 21 7 provisions relating to operation over bridges in the state and 21 8 allows local authorities to issue special permits for the 21 9 operation of implements exceeding the weights allowed in Code 21 10 chapter 321. The bill also adds a gross weight table to Code 21 11 section 321.463 providing the maximum gross weights for 21 12 tracked implements of husbandry traveling on noninterstate 21 13 highway bridges. The maximum gross weight varies from 34,000 21 14 pounds for an implement with tracks that are four to seven 21 15 feet long to 80,000 pounds for an implement with tracks that 21 16 are 43 feet long. 21 17 Code section 321.20B is amended to provide that the 21 18 provisions of that section requiring the operator of a vehicle 21 19 to carry proof of financial liability coverage when operating 21 20 the vehicle on a highway do not apply to snowmobiles or all- 21 21 terrain vehicles. 21 22 This bill creates a new subsection in Code section 321.34 21 23 that provides for issuance of armed forces special motor 21 24 vehicle registration plates at no charge for persons eligible 21 25 for congressional medal of honor, ex-prisoner of war, or 21 26 legion of merit special registration plates or for disabled 21 27 veteran registration plates. A person wishing to receive the 21 28 special plates at no charge must not currently possess 21 29 congressional medal of honor, ex-prisoner of war, legion of 21 30 merit, or disabled veteran special registration plates, must 21 31 provide the appropriate eligibility information, and must pay 21 32 a $15 annual registration fee, except that certain disabled 21 33 veterans are exempt from paying the registration fee. Upon 21 34 the person's death, the special plates must be returned to the 21 35 department or the county treasurer. 22 1 Code section 321.271 is amended to allow the federal motor 22 2 carrier safety administration free access to and copies of 22 3 written motor vehicle accident reports filed by law 22 4 enforcement officers. Currently, Code section 321.271 does 22 5 not provide the federal motor carrier safety administration 22 6 with such privileges. 22 7 The bill amends Code section 321.423 to increase the speed 22 8 limit, at which a slow-moving vehicle must display an amber 22 9 light, from 25 to 35 miles per hour. 22 10 Code section 321.450 is amended to allow for-hire drivers 22 11 who are engaged exclusively in intrastate commerce and who 22 12 operate trucks and truck tractors exclusively for the 22 13 transportation of refined oil products to drive 12 hours, be 22 14 on duty 16 hours in a 24-hour period, and be on duty 70 hours 22 15 in seven consecutive days or 80 hours in eight consecutive 22 16 days. 22 17 The bill makes several changes in Code section 321.457 22 18 relating to the maximum length of vehicles operated on 22 19 highways. The bill allows a combination of three vehicles 22 20 coupled together, one of which is a motor vehicle, unladen or 22 21 with load, other than a truck tractor, to have a maximum 22 22 overall length, inclusive of front and rear bumpers, of 70 22 23 feet rather than the current 60-foot maximum. The bill also 22 24 specifies the maximum overall length for certain other 22 25 vehicles and combinations of vehicles. The bill provides that 22 26 a motor home, excluding front and rear bumpers and safety 22 27 equipment, shall not be longer than 45 feet. The bill 22 28 provides that a combination of two vehicles coupled together, 22 29 one of which is a motor home, travel trailer, or fifth-wheel 22 30 travel trailer, shall not have an overall length exceeding 65 22 31 feet. 22 32 The bill amends Code section 321E.8 to increase the 22 33 allowable width for vehicles with indivisible loads or mobile 22 34 homes traveling unlimited distances pursuant to an annual 22 35 permit from 12 feet five inches to 13 feet five inches. The 23 1 permit allows such vehicles to be moved on noninterstate 23 2 highways specified by the permitting authority. The bill also 23 3 eliminates a provision in Code section 321E.8 restricting 23 4 vehicles with indivisible loads less than 100 feet long to 23 5 trip distances not to exceed 50 miles in total aggregate. The 23 6 bill eliminates a reference to the stricken provision in Code 23 7 section 321E.14. 23 8 Division III of the bill amends several Code provisions in 23 9 chapters 322, 322A, 322B, and 322C relating to motor vehicle 23 10 dealers, motor vehicle franchisers, mobile home dealers, and 23 11 travel trailer dealers, respectively. The bill also amends 23 12 Code section 322.3 to prohibit a motor vehicle manufacturer, 23 13 distributor, or importer, or an agent or representative 23 14 thereof, from reducing the amount of compensation for, or 23 15 disallowing a claim for, sales or leasing incentives provided 23 16 to a motor vehicle dealer or a customer of a motor vehicle 23 17 dealer including, but not limited to, rebates and discounted 23 18 interest rates if 12 months or more have passed since the 23 19 claim was submitted to the manufacturer, distributor, or 23 20 importer. 23 21 The bill amends Code section 322.3 by eliminating the 23 22 prohibitions on the licensure of motor vehicle distributors 23 23 and wholesalers as motor vehicle dealers and on the ownership, 23 24 operation, or control of a motor vehicle dealer by a motor 23 25 vehicle distributor or wholesaler. This provision is 23 26 effective upon enactment. 23 27 Code section 322.28 is amended to specify that a 23 28 distributor or wholesaler of new motor vehicles shall not sell 23 29 or offer for sale new motor vehicles at retail unless licensed 23 30 as a new motor vehicle dealer. This provision is effective 23 31 upon enactment. 23 32 The bill amends Code section 322.29 to allow persons who 23 33 install special equipment on new completed motor trucks to be 23 34 issued a new motor vehicle wholesaler license without 23 35 obtaining authorization from the manufacturer. The bill 24 1 provides that such equipment must be installed on a motor 24 2 truck that has a gross vehicle weight rating of 14,500 pounds 24 3 or more rather than the current requirement of 19,000 pounds. 24 4 The bill provides that "special equipment" means equipment 24 5 having a minimum specified value which is installed on a motor 24 6 truck and which, in combination with the motor truck, 24 7 constitutes a self-contained unit configured for a specific 24 8 purpose. "Special equipment" does not include equipment 24 9 designed for the transportation of passengers. 24 10 The bill also revises the provisions in Code sections 24 11 322.5, 322B.3, and 322C.3, allowing temporary permits for the 24 12 display, offer for sale, and negotiation of sales of motor 24 13 vehicles, mobile homes, and travel trailers at certain fairs, 24 14 vehicle shows, and vehicle exhibitions. The bill removes the 24 15 requirement that the fairs, vehicle shows, and vehicle 24 16 exhibitions at which dealers may offer vehicles for sale and 24 17 negotiate sales be approved by the department. 24 18 The bill amends several provisions in Code chapter 322A 24 19 relating to the conditions that shall not be considered facts 24 20 supporting a finding of good cause for the termination or 24 21 noncontinuation of a motor vehicle franchise or for entering 24 22 into a motor vehicle franchise for the establishment of an 24 23 additional dealership in a community for the same line-make of 24 24 motor vehicles. The bill provides that if a franchiser 24 25 proves, in addition to proving that a change of ownership or 24 26 executive management of the franchisee's dealership will be 24 27 substantially detrimental to the distribution of the 24 28 franchiser's motor vehicles in the community, that good cause 24 29 for the termination or noncontinuation of the franchise or for 24 30 the establishment of an additional dealership otherwise 24 31 exists, then there is good cause for the termination or 24 32 noncontinuation or the establishment of an additional 24 33 dealership. The bill makes the same "substantially 24 34 detrimental" and "good cause" proof requirements applicable to 24 35 situations when a franchisee's dealership does not meet an 25 1 index or standard established by the franchiser. The bill 25 2 also defines "substantially detrimental" to mean that, by a 25 3 preponderance of the evidence, the market share of the 25 4 franchiser's motor vehicles in the community will be 25 5 significantly reduced in comparison to the franchiser's 25 6 historical market share in the community. 25 7 Division IV of the bill allows the state department of 25 8 transportation to use first class mail rather than certified 25 9 mail in several different circumstances. The bill amends the 25 10 provisions in Code section 321.16 regulating the department's 25 11 giving of notices required or authorized under Code chapter 25 12 321 or any other law regulating the operation of vehicles to 25 13 provide that one of the options for giving such notice is via 25 14 first class mail rather than certified mail, notwithstanding 25 15 the Iowa administrative procedure Act. The bill makes the 25 16 same notice options available to the department for notifying 25 17 a person that the department has determined that the person 25 18 appears to be a habitual offender under Code section 321.556. 25 19 The bill also amends Code section 321.182, relating to 25 20 applications for driver's licenses, to require driver's 25 21 licensees to notify the department when the licensee's mailing 25 22 address changes and provide the new address within 10 days of 25 23 obtaining the new address. A violation of this requirement is 25 24 a simple misdemeanor, punishable by a scheduled fine of $15 25 25 under Code section 805.8, as amended by the bill. 25 26 Code sections 321.208, 321J.9, and 321J.12 are amended to 25 27 allow the department to provide notice by first class mail to 25 28 a person of the person's disqualification for a commercial 25 29 driver's license for refusal to submit to or failure of a 25 30 chemical test or of the revocation of the person's driver's 25 31 license or nonresident operating privilege for refusal to 25 32 submit to or failure of a chemical test under the operating 25 33 while intoxicated provisions of the Code. 25 34 Division V of the bill requires the state department of 25 35 transportation to conduct a study and present a report to the 26 1 general assembly by January 31, 2002, regarding the compliance 26 2 by utility companies with requirements regarding the 26 3 relocation of electrical or telephone transmission lines or of 26 4 water and gas mains on highway construction or reconstruction 26 5 projects. The report shall document cases when relocation of 26 6 such lines or mains on a highway project was not timely, state 26 7 the financial impact on such projects, and may include 26 8 department recommendations for further remedies to ensure 26 9 timely compliance with utility relocation requirements. 26 10 LSB 2438HC 79 26 11 nh/pj/5
Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Feb 15 03:35:21 CST 2001
URL: /DOCS/GA/79GA/Legislation/HSB/00100/HSB00147/010213.html
jhf