Text: HSB00594                          Text: HSB00596
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 595

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.186, unnumbered paragraph 1, Code
  1  2 2001, is amended to read as follows:
  1  3    The department may examine every new applicant for a
  1  4 driver's license or any person holding a valid driver's
  1  5 license when the department has reason to believe that the
  1  6 person may be physically or mentally incompetent to operate a
  1  7 motor vehicle, or whose driving record appears to the
  1  8 department to justify the examination.  The examinations shall
  1  9 be held in every county within periods not to exceed fifteen
  1 10 days except that the driving skills test for a commercial
  1 11 driver's license shall be given only at locations where
  1 12 required driving skills may be adequately tested, including
  1 13 pretrip and off-road examinations.  The department shall make
  1 14 every effort to accommodate a functionally illiterate
  1 15 applicant when the applicant is taking a knowledge test.  The
  1 16 department shall make every effort to have an examiner conduct
  1 17 the commercial driver's license driving skills tests at other
  1 18 locations in this state where skills may be adequately tested
  1 19 when requested by a person representing ten or more drivers
  1 20 requiring driving skills testing.
  1 21    Sec. 2.  Section 321M.1, Code Supplement 2001, is amended
  1 22 to read as follows:
  1 23    321M.1  DEFINITIONS.
  1 24    As used in this chapter, unless the context otherwise
  1 25 requires:
  1 26    1.  "Cluster" means a group of four to six contiguous
  1 27 counties serving a population area comparable to an area
  1 28 served by a department itinerant team, that is subject to an
  1 29 agreement among the participating counties that is executed
  1 30 pursuant to chapter 28E.
  1 31    2. 1.  "Commercial driver's license" means a driver's
  1 32 license valid for the operation of a commercial motor vehicle,
  1 33 as regulated by chapter 321.
  1 34    3. 2.  "County issuance" means the system or process of
  1 35 issuing driver's licenses, nonoperator identification cards,
  2  1 and persons with disabilities identification devices,
  2  2 including all related testing, to the same extent that such
  2  3 items are issued by the department.
  2  4    4. 3.  "Department" means the state department of
  2  5 transportation.
  2  6    5. 4.  "Digitized photolicensing equipment" means the
  2  7 machines and related materials, obtained pursuant to contract,
  2  8 the use of which results in the on-site production of driver's
  2  9 licenses and nonoperator identification cards.
  2 10    6.  "Digitized photolicensing equipment contract period"
  2 11 means the period of time that the contract for the digitized
  2 12 photolicensing equipment is in effect, including any contract
  2 13 extensions elected by the department under the terms of the
  2 14 contract.
  2 15    7. 5.  "Driver's license" means any license or permit
  2 16 issued to a person to operate a motor vehicle on the highways
  2 17 of this state, including but not limited to a driver's,
  2 18 commercial driver's, temporary restricted, or temporary
  2 19 license and an instruction, chauffeur's instruction,
  2 20 commercial driver's instruction, or temporary permit.
  2 21    8.  "Initial opt-in period" means the first opportunity for
  2 22 a county to indicate its interest in being authorized to
  2 23 participate in county issuance.
  2 24    9. 6.  "Issuing county" means a county that is
  2 25 participating in county issuance.
  2 26    10.  "Itinerant team" means a traveling team of department
  2 27 personnel assigned to license issuance activities in a
  2 28 specified geographic area.
  2 29    11. 7.  "Motor vehicle" means a vehicle which is self-
  2 30 propelled, including but not limited to automobiles, cars,
  2 31 motor trucks, semitrailers, motorcycles, and similar vehicles
  2 32 regulated under chapter 321.
  2 33    12. 8.  "Nonoperator identification card" means the card
  2 34 issued pursuant to section 321.190 that contains information
  2 35 pertaining to the personal characteristics of the applicant
  3  1 but does not convey to the person issued the card any
  3  2 operating privileges for any motor vehicle.
  3  3    13.  "Opt in" means a county's indication of its interest
  3  4 in being authorized to participate in county issuance, or to
  3  5 continue participating in county issuance.
  3  6    14.  "Opt-in period" means a time period when a county may
  3  7 indicate its interest in being authorized to participate in
  3  8 county issuance, or to continue participating in county
  3  9 issuance.
  3 10    15.  "Opt out" means the choice of a county that is
  3 11 authorized to issue licenses to terminate that authorization
  3 12 and its participation in county issuance.
  3 13    16.  "Opt-out period" means a time period when a county
  3 14 that is authorized to issue licenses may terminate that
  3 15 authorization and its future participation in county issuance.
  3 16    17. 9.  "Persons with disabilities identification devices"
  3 17 means those devices issued pursuant to chapter 321L.
  3 18    Sec. 3.  Section 321M.3, Code 2001, is amended by striking
  3 19 the section and inserting in lieu thereof the following:
  3 20    321M.3  AUTHORIZATION TO ISSUE LICENSES.
  3 21    Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Boone,
  3 22 Bremer, Buchanan, Buena Vista, Butler, Calhoun, Cass, Cedar,
  3 23 Cherokee, Chickasaw, Clarke, Clayton, Crawford, Dallas, Davis,
  3 24 Decatur, Delaware, Dickinson, Emmet, Fayette, Floyd, Franklin,
  3 25 Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock, Hardin,
  3 26 Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson, Jasper,
  3 27 Jefferson, Jones, Keokuk, Kossuth, Lee, Louisa, Lucas, Lyon,
  3 28 Madison, Mahaska, Marion, Mills, Mitchell, Monona, Monroe,
  3 29 Montgomery, O'Brien, Osceola, Page, Palo Alto, Plymouth,
  3 30 Pocahontas, Poweshiek, Ringgold, Sac, Shelby, Sioux, Tama,
  3 31 Taylor, Union, Van Buren, Warren, Washington, Wayne,
  3 32 Winnebago, Winneshiek, Worth, and Wright counties shall be
  3 33 authorized to issue driver's licenses, nonoperator
  3 34 identification cards, and persons with disabilities
  3 35 identification devices on a permanent basis, provided that
  4  1 such counties continue to meet the department's standards for
  4  2 issuance.
  4  3    Sec. 4.  Section 321M.4, Code 2001, is amended by striking
  4  4 the section and inserting in lieu thereof the following:
  4  5    321M.4  TERMINATION OF AUTHORIZATION – FAILURE TO MEET
  4  6 STANDARDS.
  4  7    a.  If a county is subject to termination of its county
  4  8 issuance authorization for failure to meet the department's
  4  9 standards for issuance, the county shall not issue driver's
  4 10 licenses, nonoperator identification cards, or persons with
  4 11 disabilities identification devices until the county has been
  4 12 reauthorized by the department.
  4 13    b.  The department is not obligated to provide service in a
  4 14 county for issuance of driver's licenses, nonoperator
  4 15 identification cards, or persons with disabilities
  4 16 identification devices if the county fails to meet the
  4 17 department's standards for issuance.
  4 18    Sec. 5.  Section 321M.5, subsection 2, paragraphs e and f,
  4 19 Code 2001, are amended by striking the paragraphs.
  4 20    Sec. 6.  Section 321M.6, subsection 2, paragraph c, Code
  4 21 2001, is amended to read as follows:
  4 22    c.  The department provides supervision over the issuance
  4 23 of commercial driver's licenses, including the administration
  4 24 of written and driving skills tests by the office of the
  4 25 county treasurer.  However, the failure of the department to
  4 26 provide appropriate supervision shall not alone be used as a
  4 27 reason to deny certification.
  4 28    Sec. 7.  Section 321M.6, subsection 4, Code 2001, is
  4 29 amended to read as follows:
  4 30    4.  The issuance of commercial driver's licenses for
  4 31 residents of a county whose issuance rights have been
  4 32 terminated under subsection 3 may be provided by other
  4 33 counties in the relevant cluster, according to the provisions
  4 34 of section 321M.5.  The department is not obligated to provide
  4 35 service in a county for issuance of commercial driver's
  5  1 licenses if the county fails to meet certification standards
  5  2 under this section.  However, the department shall facilitate
  5  3 appropriate arrangements for availability of such services as
  5  4 it deems necessary.
  5  5    Sec. 8.  Section 321M.9, subsection 2, paragraph b, Code
  5  6 2001, is amended to read as follows:
  5  7    b.  An issuing county shall be entitled to one set of
  5  8 digitized photolicensing equipment, unless the county was
  5  9 served at multiple sites by the department, in which case the
  5 10 county shall be entitled to two sets of digitized
  5 11 photolicensing equipment.  A county shall indicate at the time
  5 12 of opting in how many sets of equipment are needed by the
  5 13 county.
  5 14    Sec. 9.  Section 321M.10, subsection 1, Code 2001, is
  5 15 amended to read as follows:
  5 16    1.  The department shall retain all supervisory authority
  5 17 over the county treasurers who shall be subject to the
  5 18 supervision of the department and driver's license issuance
  5 19 program.  The county treasurers and their employees shall be
  5 20 considered agents of the department when performing driver's
  5 21 licensing functions.
  5 22    Sec. 10.  Section 321M.8, Code 2001, is repealed.  
  5 23                           EXPLANATION
  5 24    This bill authorizes all counties not served by a permanent
  5 25 state department of transportation facility to issue driver's
  5 26 licenses, nonoperator identification cards, and persons with
  5 27 disabilities identification devices on a permanent basis if
  5 28 the county meets the department's standards for issuance.
  5 29 Currently, only Adams, Cass, Fremont, Mills, Montgomery, and
  5 30 Page counties are permanently authorized to issue such
  5 31 licenses and devices.  Up to 42 other counties are currently
  5 32 allowed to opt in by indicating an interest in being
  5 33 authorized to issue driver's licenses.  A county may currently
  5 34 opt out by indicating that the county wishes to terminate its
  5 35 authorization to issue driver's licenses.  
  6  1 LSB 6207HC 79
  6  2 av/sh/8
     

Text: HSB00594                          Text: HSB00596
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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