Text: SSB03046 Text: SSB03048 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 HIGHWAYS 1 3 Section 1. Section 6B.2A, subsection 4, Code 2001, is 1 4 amended to read as follows: 1 5 4. This section shall not apply to a condemnation of 1 6 property by the state department of transportation for right- 1 7 of-way that is contiguous to an existing road right-of-way and 1 8 necessary for the maintenance, safety improvement,orrepair, 1 9 upgrade, or expansion of the existing road. 1 10 Sec. 2. Section 6B.2C, Code 2001, is amended to read a 1 11 follows: 1 12 6B.2C APPROVAL OF THE PUBLIC IMPROVEMENT. 1 13 The authority to condemn is not conferred, and the 1 14 condemnation proceedings shall not commence, unless the 1 15 governing body for the acquiring agency approves the use of 1 16 condemnation and there is a reasonable expectation the 1 17 applicant will be able to achieve its public purpose, comply 1 18 with all applicable standards, and obtain the necessary 1 19 permits. For purposes of this section, when the acquiring 1 20 agency is the state department of transportation, the 1 21 governing body for the acquiring agency is the director of 1 22 transportation. 1 23 Sec. 3. Section 307.22, Code 2001, is amended by adding 1 24 the following new subsections: 1 25 NEW SUBSECTION. 6. Conduct a study of the road and bridge 1 26 facilities in state parks, state institutions, state 1 27 fairgrounds, and on community college property. The study 1 28 shall evaluate the construction and maintenance needs and 1 29 projected needs based upon estimated growth for each type of 1 30 facility to provide a quadrennially updated standard upon 1 31 which to allocate funds appropriated for the purposes of this 1 32 subsection. 1 33 NEW SUBSECTION. 7. Prepare, adopt, and cause to be 1 34 published the results of a study of secondary roads in the 1 35 state. The study shall be designed to investigate present 2 1 deficiencies and future twenty-year maintenance and 2 2 construction needs of the roads. The study shall be referred 2 3 to as the "quadrennial need study" for the purposes of this 2 4 chapter, chapter 307A, and chapter 312. The department shall 2 5 report the results of the study to the general assembly by 2 6 July 1, 2002, and the study results shall take effect July 1, 2 7 2003. 2 8 NEW SUBSECTION. 8. Annually recalculate the construction 2 9 and maintenance needs of roads under the jurisdiction of each 2 10 county to take into account the needs of a road whose 2 11 jurisdiction has been transferred from the department to a 2 12 county or from a county to the department during the previous 2 13 year. The recalculation shall be reported by January 1 of the 2 14 year following the transfer and shall take effect the 2 15 following July 1 for the purposes of allocating moneys under 2 16 sections 312.3 and 312.5. 2 17 Sec. 4. Section 307A.2, subsection 11, Code 2001, is 2 18 amended to read as follows: 2 19 11. Construct, reconstruct, improve, and maintain state 2 20 institutional roads and state park roads, which are part of 2 21 the state park, state institution, and other state land road 2 22 system as defined in section 306.3, and bridges on such roads, 2 23 roads located on state fairgrounds as defined in chapter 173, 2 24 and the roads and bridges located on community college 2 25 property as defined in chapter 260C, upon the request of the 2 26 state board, department, or commission which has jurisdiction 2 27 over such roads. This shall be done in such manner as may be 2 28 agreed upon by the state transportation commission and the 2 29 state board, department, or commission which has jurisdiction. 2 30 The commission may contract with any county or municipality 2 31 for the construction, reconstruction, improvement, or 2 32 maintenance of such roads and bridges. Any state park road 2 33 which is an extension of either a primary or secondary highway 2 34 which both enters and exits from a state park at separate 2 35 points shall be constructed, reconstructed, improved, and 3 1 maintained as provided in section 306.4. Funds allocated from 3 2 the road use tax fund for the purposes of this subsection 3 3 shall be apportioned in the ratio that the needs of the state 3 4 institutional roads and bridges, park roads and bridges, or 3 5 community college roads and bridges bear to the total needs of 3 6 these facilities based upon the most recent quadrennial park 3 7 and institution need study.The commission shall conduct a3 8study of the road and bridge facilities in state parks, state3 9institutions, state fairgrounds, and on community college3 10property. The study shall evaluate the construction and3 11maintenance needs and projected needs based upon estimated3 12growth for each type of facility to provide a quadrennially3 13updated standard upon which to allocate funds appropriated for3 14the purposes of this subsection.3 15 Sec. 5. Section 307A.2, subsections 14 and 14A, Code 2001, 3 16 are amended by striking the subsections. 3 17 Sec. 6. Section 312.3, subsection 1, unnumbered paragraph 3 18 2, Code 2001, is amended to read as follows: 3 19 For the purposes of this subsection, "latest quadrennial 3 20 need study report" includes the annual recalculation of 3 21 construction and maintenance needs of roads whose jurisdiction 3 22 has been transferred from the department to a county or from a 3 23 county to the department during the previous year as 3 24 recalculated pursuant to section307A.2, subsection 14A3 25 307.22, subsection 8. 3 26 Sec. 7. NEW SECTION. 312.3B IOWA COUNTY ENGINEERS 3 27 ASSOCIATION SERVICE BUREAU SUPPORT FUND. 3 28 Prior to the allocation to the counties under section 3 29 312.3, subsection 1, the department is authorized to set aside 3 30 each year twenty-five hundredths of one percent from the 3 31 secondary road fund for deposit in a fund to be known as the 3 32 Iowa county engineers association service bureau support fund. 3 33 The Iowa county engineers association service bureau support 3 34 fund shall be used by the department solely for the purpose of 3 35 supporting the Iowa county engineers association service 4 1 bureau. Unobligated funds remaining in the Iowa county 4 2 engineers association service bureau support fund on June 30 4 3 of the fiscal year shall revert to the secondary road fund. 4 4 On or before January 31 of each year, the Iowa county 4 5 engineers association service bureau shall file a report with 4 6 the governor, state transportation commission, county 4 7 engineers, chief clerk of the house of representatives, and 4 8 secretary of the senate showing the activity accomplished 4 9 under this section. 4 10 Sec. 8. NEW SECTION. 312.3C SECONDARY ROAD FUND 4 11 DISTRIBUTION ADVISORY COMMITTEE. 4 12 A secondary road fund distribution advisory committee is 4 13 established to consider methodologies for distribution of 4 14 moneys in the secondary road fund and farm-to-market road 4 15 fund. The committee shall be comprised of representatives 4 16 appointed by the president of the Iowa county engineers 4 17 association, the president of the Iowa county supervisors 4 18 association, and the department. The committee shall 4 19 recommend to the general assembly, for the general assembly's 4 20 consideration and adoption, one or more alternative 4 21 methodologies for distribution of moneys in the secondary road 4 22 fund and the farm-to-market road fund. 4 23 Sec. 9. Section 312.5, subsection 4, unnumbered paragraph 4 24 2, Code 2001, is amended to read as follows: 4 25 "Latest quadrennial need study report" includes the annual 4 26 recalculation of construction and maintenance needs of roads 4 27 whose jurisdiction has been transferred from the department to 4 28 a county or from a county to the department during the prior 4 29 year as recalculated pursuant to section307A.2, subsection4 3014A307.22, subsection 8. 4 31 Sec. 10. Section 314.8, Code 2001, is amended to read as 4 32 follows: 4 33 314.8 GOVERNMENT MARKERS PRESERVED. 4 34 1.WheneverIf itmay becomeis necessary in gradingthe4 35highwaysa highway to make a cutwhichthat will disturb, or 5 1 fillwhichthat will cover up, a government or other 5 2 established corner or land monument,it shall be the duty of5 3 the engineertoin charge of the project shall establish 5 4 permanent witness corners or monuments, and make a record of 5 5 the same,which shallthat show the distance and direction the 5 6 witness corner is from the corner disturbed or covered up. 5 7 Whensaidthe construction work is completed the engineer 5 8 shall permanentlyre-establish saidreestablish the corner or 5 9 monument.A failure to perform said duties shall subject the5 10engineer to a fine of not less than ten dollars nor more than5 11fifty dollars to be collected on the engineer's bond.5 12 2. If the duties in subsection 1 are not performed, the 5 13 agency in control of the highway on which a project described 5 14 in subsection 1 has been or is being completed shall pay the 5 15 costs of restoring the original position of the established 5 16 corner or land monument. This subsection shall apply 5 17 retroactively to projects completed prior to July 1, 2002. 5 18 Sec. 11. EFFECTIVE DATE. The sections of this division of 5 19 this Act amending sections 307.22, 307A.2, and 312.3, enacting 5 20 sections 312.3B and 312.3C, and amending section 312.5, being 5 21 deemed of immediate importance, take effect upon enactment. 5 22 DIVISION II 5 23 MOTOR VEHICLES 5 24 Sec. 12. Section 321.127, subsection 4, Code 2001, is 5 25 amended to read as follows: 5 26 4. Refundsand creditsfor motor vehicles registered for 5 27 proportional registration under chapter 326 shall be paidor5 28creditedon the basis of unexpired complete calendar months 5 29 remaining in the registration year from the date the claimor5 30application is filed withfor refund, license plate, and 5 31 registration receipt are received by the department. 5 32 Sec. 13. Section 321.182, subsections 1 and 3, Code 5 33 Supplement 2001, are amended to read as follows: 5 34 1. a. Make application on a form provided by the 5 35 department which shall include the applicant's full name, 6 1 signature, current mailing address, current residential 6 2 address, date of birth, social security number, and physical 6 3 description including sex, height, and eye color. The 6 4 application may contain other information the department may 6 5 require by rule. Pursuant to procedures established by the 6 6 department and for an applicant who is a foreign national 6 7 temporarily present in this state, the department may waive 6 8 the requirement that the application include the applicant's 6 9 social security number. 6 10 b. A licensee shall notify the department when the 6 11 licensee's mailing address changes and provide the new address 6 12 within thirty days of obtaining the new address. The 6 13 application provided by the department shall include a 6 14 statement for the applicant to sign that acknowledges the 6 15 applicant's knowledge of the requirement to notify the 6 16 department of a mailing address change. The penalty under 6 17 section 321.482 shall not apply to a licensee's failure to 6 18 notify the department of such an address change. 6 19 3. Certify that the applicant has no other driver's 6 20 license and certify that the applicant is a resident of this 6 21 state as provided in section 321.1A. However, certification 6 22 of residency is not required for an applicant for a 6 23 nonresident commercial driver's license who is a foreign 6 24 national temporarily present in this state, as determined by 6 25 the department. 6 26 Sec. 14. Section 321.190, subsection 1, paragraphs a and 6 27 d, Code Supplement 2001, are amended to read as follows: 6 28 a. The department shall, upon application and payment of 6 29 the required fee, issue to an applicant a nonoperator's 6 30 identification card. To be valid the card shall bear a 6 31 distinguishing number assigned to the card holder, the full 6 32 name, date of birth, sex, residence address, a physical 6 33 description and a colored photograph of the card holder, the 6 34 usual signature of the card holder, and such other information 6 35 as the department may require by rule. An applicant for a 7 1 nonoperator's identification card shall apply for the card in 7 2 the manner provided in section 321.182, subsections 1 through 7 3 3. The card shall be issued to the applicant at the time of 7 4 application pursuant to procedures established by rule. 7 5 d. The fee for a nonoperator's identification card shall 7 6 be five dollars and the card shall be valid for a period of 7 7fourfive years from the date of issuance. A nonoperator's 7 8 identification card shall be issued without expiration to 7 9 anyone age seventy or over. If an applicant for a 7 10 nonoperator's identification card is a foreign national who is 7 11 temporarily present in this state, the nonoperator's 7 12 identification card shall be issued only for the length of 7 13 time the foreign national is authorized to be present as 7 14 determined by the department, not to exceed two years.NoAn 7 15 issuance fee shall not be charged for a person whose driver's 7 16 license or driving privilege has been suspended under section 7 17 321.210, subsection 1, paragraph "c". 7 18 The nonoperator's identification card fees shall be 7 19 transmitted by the department to the treasurer of state who 7 20 shall credit the fees to the road use tax fund. 7 21 Sec. 15. Section 321.191, subsections 2 through 4, Code 7 22 2001, are amended to read as follows: 7 23 2. NONCOMMERCIAL DRIVER'S LICENSES. The fee for a 7 24 noncommercial driver's license, other than a class D driver's 7 25 license or any type of instruction permit,valid for two years7 26 iseightfour dollars per year of license validity. 7 27 3. LICENSES FOR CHAUFFEURS. The fee for a noncommercial 7 28 class D driver's licensevalid for two yearsissixteeneight 7 29 dollars per year of license validity. 7 30 4. COMMERCIAL DRIVER'S LICENSES.An additionalThe feeof7 31eight dollars is required to issuefor a commercial driver's 7 32 license, other than an instruction permit,valid for two years7 33 for the operation of a commercial motor vehicle is eight 7 34 dollars per year of license validity. 7 35 Sec. 16. Section 321.191, subsection 7, Code 2001, is 8 1 amended by striking the subsection. 8 2 Sec. 17. Section 321.191, subsection 8, Code 2001, is 8 3 amended to read as follows: 8 4 8. ENDORSEMENTS AND REMOVAL OF AIR BRAKE RESTRICTIONS. 8 5 The fee for a double/triple trailer endorsement, tank vehicle 8 6 endorsement, and hazardous materials endorsement is five 8 7 dollars for each endorsement. The fee for a passenger 8 8 endorsement is ten dollars. The fee for removal of an air 8 9 brake restriction on a commercial driver's license is ten 8 10 dollars. Fees imposed under this subsection for endorsements 8 11 or removal of restrictions are valid for thelength of the8 12timeperiod of the licenseregardless of whether the license8 13is issued for two or four years. Upon renewal of a commercial 8 14 driver's licensethere isno fee is payable for retaining 8 15 endorsements or the removal of the air brake restriction for 8 16 those endorsements or restrictions which do not require the 8 17 taking of either a knowledge or a driving skills test for 8 18 renewal. 8 19 Sec. 18. Section 321.196, Code Supplement 2001, is amended 8 20 to read as follows: 8 21 321.196 EXPIRATION OF LICENSE – RENEWAL. 8 22 1. Except as otherwise provided, a driver's license, other 8 23 than an instruction permit, chauffeur's instruction permit, or 8 24 commercial driver's instruction permit issued under section 8 25 321.180, expires, at the option of the applicant, two or four8 26 five years from the licensee's birthday anniversary occurring 8 27 in the year of issuance if the licensee is between the ages of 8 28 seventeen years eleven months and seventy years on the date of 8 29 issuance of the license. If the licensee is under the age of 8 30 seventeen years eleven months or age seventy or over, the 8 31 license is effective for a period of two years from the 8 32 licensee's birthday anniversary occurring in the year of 8 33 issuance. A licensee whose license is restricted due to 8 34 vision or other physical deficiencies may be required to renew 8 35 the license every two years. If a licensee is a foreign 9 1 national who is temporarily present in this state, the license 9 2 shall be issued only for the length of time the foreign 9 3 national is authorized to be present as determined by the 9 4 department, not to exceed two years. 9 5 2. Except as required in section 321.188, and except for a 9 6 motorcycle instruction permit issued in accordance with 9 7 section 321.180 or 321.180B, a driver's license is renewable 9 8 without written examination or penalty within a period of 9 9 sixty days after its expiration date and without a driving 9 10 test within a period of one year after its expiration date. A 9 11 person shall not be considered to be driving with an invalid 9 12 license during a period of sixty days following the license 9 13 expiration date. However, for a license renewed within the 9 14 sixty-day period, the date of issuance shall be considered to 9 15 be the previous birthday anniversary on which it expired. 9 16Applicants whose licenses are restricted due to vision or9 17other physical deficiencies may be required to renew their9 18licenses every two years.9 19 3. For the purposes of this section, the birthday 9 20 anniversary of a person born on February 29 shall be deemed to 9 21 occur on March 1. 9 22 4. The department in its discretion may authorize the 9 23 renewal of a valid driver's license other than a commercial 9 24 driver's license upon application without an examination 9 25 provided that the applicant satisfactorily passes a vision 9 26 test as prescribed by the department or files a vision report 9 27 in accordance with section 321.186A which shows that the 9 28 applicant's visual acuity level meets or exceeds those 9 29 required by the department. An application for renewal of a 9 30 driver's license shall include a statement for the applicant 9 31 to sign that acknowledges the applicant's knowledge of the 9 32 requirement to notify the department of a mailing address 9 33 change under section 321.182, subsection 1. 9 34 5.AnyA resident of Iowa holding a valid driver's license 9 35 who is temporarily absent from the state,or incapacitated, 10 1 may, at the time for renewalforof such license, apply to the 10 2 department for a temporary extension of the license. The 10 3 department upon receipt of the application shall, upon a 10 4 showing of good cause, issue a temporary extension of the 10 5 driver's license for a period not to exceed six months. 10 6 Sec. 19. Section 321.208, subsection 7, paragraphs a 10 7 through c, Code Supplement 2001, are amended to read as 10 8 follows: 10 9 a. A person is disqualified from operating a commercial 10 10 motor vehicle for sixty days if the person is convicted of a 10 11 first railroad crossing at grade violation under section 10 12 321.341 or 321.343 and the violation occurred while the person 10 13 was operating a commercial motor vehicle. 10 14 b. A person is disqualified from operating a commercial 10 15 motor vehicle for one hundred twenty days if the person is 10 16 convicted of a second railroad crossing at grade violation 10 17 under section 321.341 or 321.343, the violation occurred while 10 18 the person was operating a commercial motor vehicle, and the 10 19 violation occurred within three years after a first such 10 20 violation. 10 21 c. A person is disqualified from operating a commercial 10 22 motor vehicle for one year if the person is convicted of a 10 23 third or subsequent railroad crossing at grade violation under 10 24 section 321.341 or 321.343, the violation occurred while the 10 25 person was operating a commercial motor vehicle, and the 10 26 violation occurred within three years after a first such 10 27 violation. 10 28 Sec. 20. Section 321.266, subsection 2, Code 2001, is 10 29 amended to read as follows: 10 30 2. The driver of a vehicle involved in an accident 10 31 resulting in injury to or death of any person, or total 10 32 property damage to an apparent extent of one thousand dollars 10 33 or more shallalso, within seventy-two hours after the 10 34 accident, forward a written report of the accident to the 10 35 department. However, such report is not required when the 11 1 accident is investigated by a law enforcement agency. 11 2 Sec. 21. Section 321A.17, subsection 4, Code 2001, is 11 3 amended by striking the subsection. 11 4 Sec. 22. Section 321A.17, Code 2001, is amended by adding 11 5 the following new subsection: 11 6 NEW SUBSECTION. 9. This section does not apply to an 11 7 individual whose privilege to operate a motor vehicle has been 11 8 suspended or revoked when the period of suspension or 11 9 revocation has ended and the individual provides evidence 11 10 satisfactory to the department that the individual has 11 11 established residency in another state. The individual may 11 12 not apply for an Iowa driver's license for two years from the 11 13 effective date of the person's last suspension or revocation 11 14 unless proof of financial responsibility is filed with the 11 15 department, as required by this section. 11 16 Sec. 23. Section 321E.8, Code Supplement 2001, is amended 11 17 to read as follows: 11 18 321E.8 ANNUAL PERMITS. 11 19 Subject to the discretion and judgment provided for in 11 20 section 321E.1, annual permits shall be issued in accordance 11 21 with the following provisions: 11 22 1. Vehicles with indivisible loads,having an overall11 23width not to exceed twelve feet five inchesor mobile homes 11 24 including appurtenances, having an overall width not to exceed 11 25twelvesixteen feetfivezero inches,andan overall length 11 26 not to exceedseventy-fiveone hundred twenty feet zero 11 27 inches, an overall height not to exceed fifteen feet five 11 28 inches, and a total gross weight not to exceed eighty thousand 11 29 pounds, may be movedfor unlimited distances. The vehicle and11 30load shall not exceed the height of thirteen feet ten inches11 31and the total gross weight as prescribed in section 321.463.11 32 as follows: 11 33 a. Vehicles with indivisible loads, or mobile homes 11 34 including appurtenances, having an overall width not to exceed 11 35 twelve feet five inches, an overall length not to exceed one 12 1 hundred twenty feet zero inches, and an overall height not to 12 2 exceed thirteen feet ten inches may be moved for unlimited 12 3 distances without route approval from the permitting 12 4 authority. 12 5 b. Vehicles with indivisible loads, or mobile homes 12 6 including appurtenances, having an overall width not to exceed 12 7 fourteen feet six inches, an overall length not to exceed one 12 8 hundred twenty feet zero inches, and an overall height not to 12 9 exceed fifteen feet five inches may be moved on the interstate 12 10 highway system and primary highways with more than one lane 12 11 traveling in each direction for unlimited distances and no 12 12 more than fifty miles from the point of origin on all other 12 13 highways without route approval from the permit issuing 12 14 authority. 12 15 c. All other vehicles with indivisible loads operating 12 16 under this subsection shall obtain route approval from the 12 17 permitting authority. 12 18 d. Vehicles with indivisible loads may operate under an 12 19 all systems permit in compliance with paragraph "a", "b", or 12 20 "c". 12 21 2. Vehicles with indivisible loads,having an overall12 22width not to exceed thirteen feet five inchesor mobile homes,12 23 including appurtenances, having an overall width not to exceed 12 24 thirteen feet five inches and an overall length not to exceed 12 25 one hundred twenty feet zero inches may be moved on highways 12 26 specified by the permitting authority for unlimited distances 12 27 if the height of the vehicle and load does not exceed fifteen 12 28 feet five inches and the total gross weight of the vehicle 12 29 does not exceed one hundredthirty-sixfifty-six thousand 12 30 pounds. The vehicle owner or operator shall verify with the 12 31 permitting authority prior to movement of the load that 12 32 highway conditions have not changed so as to prohibit movement 12 33 of the vehicle. Any cost to repair damage to highways or 12 34 highway structures shall be borne by the owner or operator of 12 35 the vehicle causing the damage. Permitted vehicles under this 13 1 subsection shall not be allowed to travel on any portion of 13 2 the interstate highway system. Vehicles with indivisible 13 3 loads operating under the permit provisions of this subsection 13 4 may operate under the permit provisions of subsection 1 13 5 provided the vehicle and load comply with the limitations 13 6 described in subsection 1. 13 73. Vehicles with indivisible loads, including mobile homes13 8and factory-built structures, having an overall width not to13 9exceed sixteen feet zero inches and an overall length not to13 10exceed one hundred twenty feet zero inches may be moved under13 11an annual or all-systems permit and must have a route13 12specified by the issuing authority prior to the movement.13 13However, vehicles with indivisible loads, including mobile13 14homes and factory-built structures, with an overall width not13 15exceeding fourteen feet six inches may exceed fifty miles13 16under an annual and all-systems permit when prior approval for13 17trip routing is obtained from the issuing authority. A13 18vehicle and load being moved according to this paragraph shall13 19not exceed fifteen feet five inches in height and shall not13 20exceed the total gross weight as prescribed in section13 21321.463.13 22 Sec. 24. Section 321E.14, Code Supplement 2001, is amended 13 23 to read as follows: 13 24 321E.14 FEES FOR PERMITS. 13 25 The department or local authorities issuing permits shall 13 26 charge a fee of twenty-five dollars for an annual permit 13 27 issued under section 321E.8, subsection 1or 3, a fee of three 13 28 hundred dollars for an annual permit issued under section 13 29 321E.8, subsection 2, a fee of two hundred dollars for a 13 30 multi-trip permit, and a fee of ten dollars for a single-trip 13 31 permit, and shall determine charges for special permits issued 13 32 pursuant to section 321E.29 by rules adopted pursuant to 13 33 chapter 17A. Fees for the movement of buildings, parts of 13 34 buildings, or unusual vehicles or loads may be increased to 13 35 cover the costs of inspections by the issuing authority. A 14 1 fee not to exceed two hundred fifty dollars per day or a 14 2 prorated fraction of that fee per person and car for escort 14 3 service may be charged when requested or when required under 14 4 this chapter. Proration of escort fees between state and 14 5 local authorities when more than one governmental authority 14 6 provides or is required to provide escort for a movement 14 7 during the period of a day shall be determined by rule under 14 8 section 321E.15. The department and local authorities may 14 9 charge a permit applicant for the cost of trimming trees and 14 10 removal and replacement of natural obstructions or official 14 11 signs and signals or other public or private property required 14 12 to be removed during the movement of a vehicle and load. In 14 13 addition to the fees provided in this section, the annual fee 14 14 for a permit for special mobile equipment, as defined in 14 15 section 321.1, subsection 75, operated pursuant to section 14 16 321E.7, subsection 2, with a combined gross weight up to and 14 17 including eighty thousand pounds shall be twenty-five dollars 14 18 and for a combined gross weight exceeding eighty thousand 14 19 pounds, fifty dollars. 14 20 The annual fee for an all-system permit is one hundred 14 21 twenty dollars which shall be deposited in the road use tax 14 22 fund. 14 23 Sec. 25. Section 326.10A, Code 2001, is amended to read as 14 24 follows: 14 25 326.10A PAYMENT BY CHECK. 14 26 The department shall accept payment of fees under this 14 27 chapter by personal or corporate check. The fee shall be 14 28 deemed to have been paid upon receipt of the check.However,14 29the department shall not issue plates, stickers or other14 30identification of vehicles subject to proportional14 31registration until sufficient time has elapsed to ensure that14 32payment of the check has cleared the bank upon which it is14 33drawn.If the check is not honored, all fees and penalties 14 34 shall accumulate as if the fee was not paid. After 14 35 appropriate warning from the department, the registration 15 1 account shall be suspended, collection pursued, and the 15 2 delinquent registration fees shall become a debt due the state 15 3 of Iowa. After a dishonored check has been received from an 15 4 applicant, payments submitted by the applicant during the 15 5 following year must be made with guaranteed funds. 15 6 Sec. 26. Section 326.11, unnumbered paragraph 1, Code 15 7 2001, is amended to read as follows: 15 8 Vehicles acquired by a fleet owner after the commencement 15 9 of the registration year and subsequently added to the fleet 15 10 shall be prorated by applying the mileage percentage used in 15 11 the original application for such fleet for such registration 15 12 period to registration fees due under chapter 321but in no15 13case less than that required by section 326.10.A15 14supplemental reportAn application for registration shall be 15 15 filed with the departmentnot later than ten days after such15 16addition to the fleetpursuant to the provisions of chapter 15 17 321. 15 18 Sec. 27. Section 326.12, Code 2001, is amended to read as 15 19 follows: 15 20 326.12 VEHICLES DELETED – REGISTRATION TRANSFERRED. 15 21 Fleet owners who delete commercial vehicles displaying Iowa 15 22 base plates from the fleet after the commencement of the 15 23 registration year shall be allowed to transfer registration 15 24 credit to a replacement vehicle in accordance withthe15 25provisions ofthis section. Iowa shall allow credit for non- 15 26 Iowa based deleted vehicles only if the state designated by 15 27 the fleet owner as the base state of the deleted vehicle 15 28 permits transfer of registration credit to the replacement 15 29 vehicle.The fleet owner shall notify the department not15 30later than ten days after such deletion and replacement.15 31 Allowance of credit for deleted vehicles shall be subject to 15 32 the following conditions: 15 33 1.No additional registration fee shall be assessed on a15 34replacement vehicle upon which the registration fee would have15 35been the same as that for the deleted vehicle.The fee for 16 1 reissuance or registration credentials or for transfer of 16 2 credentials shall be seven dollars. 16 3 2. No deletion shall be made nor credit allowed toward 16 4 registration of a replacement vehicle unless the vehicle to be 16 5 removed from service has been sold, junked, repossessed, 16 6 foreclosed by mechanic's lien, title transferred by operation 16 7 of law, or cancellation or expiration of a lease arrangement. 16 8 The deleted vehicle shall have been disposed of on or before 16 9 the date the replacement vehicle was acquired or in the 16 10 possession of the applicant. 16 11 3. If a leased vehicle is to be deleted from the fleet and 16 12 unexpired registration fees applied to the replacement 16 13 vehicle, the lessee shallcertify to the department that16 14 refund any unexpired registration fees paid by the lessor to 16 15 the lesseehave been refunded to the lessor prior to the date16 16of the supplemental application requesting credit for16 17registration fees paid on the deleted vehicleon the 16 18 transferred vehicle. 16 19 4. Credit shall be given for unexpired months. 16 20 5. The registration of the vehicle being added to the 16 21 fleet is not delinquent under chapter 321. 16 22 Sec. 28. Section 326.14, Code 2001, is amended to read as 16 23 follows: 16 24 326.14 PLATES AND RECEIPTS – REGISTRATION PERIOD AND 16 25 RENEWAL – PENALTY. 16 26 1. The department shall issue a single registrationplates16 27 plate andreceiptsregistration receipt for each vehicle 16 28 pursuant to apportionment agreements orarrangements16 29 provisions authorized under this chapter. The registration 16 30 period for a vehicle registered pursuant to this chapter is 16 31 from January 1 through December 31 of each year. 16 32 2. An application for renewal of registration shall be 16 33 postmarked or received in the office of motor carrier services 16 34 of the department no later than January 31. A five percent 16 35 late filing penalty shall be assessed to an application for 17 1 renewal postmarked or received on or after February 1, with an 17 2 additional five percent penalty assessed the first of each 17 3 month thereafter until the application is filed. The 17 4 enforcement deadline for failure to display a registration 17 5 plate and registration is March 15 at 12:01 a.m. 17 6 Sec. 29. Section 326.15, subsection 2, Code 2001, is 17 7 amended to read as follows: 17 8 2. If the motor vehicle is removed from the apportioned 17 9 fleet, the owner in whose name the motor vehicle was 17 10 registered shall return theplatesregistration plate and 17 11 registration receipt to the department and make a claim for 17 12 refund. A refund shall not be allowed without documentation 17 13 of the subsequent registration of the motor vehicle. 17 14 Sec. 30. Section 326.15, subsection 4, Code 2001, is 17 15 amended by striking the subsection. 17 16 Sec. 31. Section 326.15, subsection 5, Code 2001, is 17 17 amended to read as follows: 17 185.4. If as a result of an audit the motor vehicle 17 19 registration fees are found to have been paid in error,a17 20claim for refund shall be filed with satisfactory evidence of17 21the errorthe applicant shall be entitled to a refund. 17 22 Sec. 32. Section 326.15, unnumbered paragraph 4, Code 17 23 2001, is amended to read as follows: 17 24 Refunds of proportional registration fees shall be paid on 17 25 the basis of unexpired complete calendar months remaining from 17 26 the date the claimis filed withfor refund, the registration 17 27 plate, and the registration receipt are postmarked or received 17 28 by the department. Refunds for trailers and semitrailers 17 29 issued a multiyear registration plate shall be paid on the 17 30 basis of unexpired complete registration years remaining from 17 31 the date the claim is filed. 17 32 Sec. 33. Section 326.16, Code 2001, is amended to read as 17 33 follows: 17 34 326.16 DELINQUENT FEES. 17 35 1. If the fees forsuchproportional registration are not 18 1 paid to each contracting jurisdiction entitled thereto on the 18 2 basis of the proportional registration application and 18 3 supporting documents filed with the department by the fleet 18 4 owner within a reasonable amount of time as determined by the 18 5 department, the department shallredetermine fees due this18 6statecalculate late payment penalties. The fleet owner shall 18 7 be notified by regular mail that fees and penalties are due 18 8 and must be paid within thirty days of the invoice date. If 18 9any additionalfeesdue this state are not paid byand 18 10 penalties are not received, the fleet ownerwithin twenty days18 11after the mailing to the owner of a noticeshall be notified 18 12 by certified mailof the additional fees due, suchthat the 18 13 owner's registrationin this state shall be canceledhas been 18 14 suspended. 18 15 2. A five percent late payment penalty shall be assessed 18 16 if an invoice is not paid within thirty days of the invoice 18 17 date or within thirty days of January 31 of the registration 18 18 year, whichever is later, with an additional five percent 18 19 penalty assessed the first of each month thereafter until all 18 20 fees and penalties are paid. In addition, the fees due for 18 21 registration in this state shall be a debt due to the state of 18 22 Iowa. 18 23 Sec. 34. Section 326.19, Code 2001, is amended to read as 18 24 follows: 18 25 326.19 RECORDS PRESERVED. 18 26Any owner complying with and granted proportional18 27registration privileges shall preserve the records upon which18 28applications are made for a period of four full years18 29following the year for which the application was made.A 18 30 registrant whose application for apportioned registration has 18 31 been accepted shall preserve the records upon which the 18 32 registration is based for a period of three years after the 18 33 close of the registration year. Upon request of the 18 34 department, all fleet owners shall make all such records 18 35 available to the departmentat the office of the directorfor 19 1 audit as to accuracy of computation and payment.If the owner19 2does not produce such records when so requested, the owner19 3shall pay the costs of an audit by a duly appointed19 4representative of the department at the home office of the19 5owner.An audit shall be conducted at the office of the 19 6 registrant during normal business hours. However, if 19 7 circumstances dictate, the registrant may be required to 19 8 present the records at the office of motor carrier services of 19 9 the department. If the registrant's operational records are 19 10 not located in the base state and it is necessary for the base 19 11 state to send auditors to the location where the records are 19 12 normally kept, the base state may require the registrant to 19 13 reimburse the per diem and travel expenses incurred by the 19 14 auditors in performing the audit. The department may enter 19 15 into agreements with authorized agencies or other contracting 19 16statesjurisdictions for joint audits of anysuch owner19 17 registrant. 19 18 Sec. 35. Section 326.22, Code Supplement 2001, is amended 19 19 to read as follows: 19 20 326.22 OPERATIONAL LAWS OF IOWA APPLICABLE. 19 21 A nonresident registered vehicle is subject to all laws and 19 22 rules governing the operation of such vehicle on the highways 19 23 of this state. The registrationnumberplates, stickers, or 19 24 other identification assigned and furnished to any vehicle for 19 25 the current registration year by the state in which the 19 26 vehicle is registered shall be displayed on the vehicle 19 27 substantially as provided in chapter 321 for vehicles 19 28 registered pursuant to the provisions of this chapter. In 19 29 addition, a fee set by the department to cover actual cost 19 30 shall be charged for each plate, sticker, or other 19 31 identification furnished for each vehicle registered in 19 32 accordance with the provisions of this section or extended 19 33 reciprocity in accordance with the provisions of this section. 19 34 A charge shall not be made for the initial registration 19 35 receiptor cab cardissued for each vehicle registered 20 1 pursuant to an apportionment registration agreement. A fee 20 2 set by the department to cover actual costs shall be charged 20 3 for issuance of duplicate plates, stickers,orother required 20 4 identificationrequired,duplicateor registration receipts,20 5and duplicate cab cards. 20 6 Sec. 36. Section 326.23, subsection 2, Code Supplement 20 7 2001, is amended to read as follows: 20 8 2. The department may enter into agreements with owners 20 9 and operators of truck stops to permit the owners and 20 10 operators of truck stops to issue trip permits subject to any 20 11 conditions imposed by the department. In addition to the trip 20 12 permit fee, the owner or operator of a truck stop may charge 20 13 an issuance feeof not more than one dollarwhich shall be 20 14 disclosed to the purchaser. For the purposes of this section, 20 15 "truck stop" means any place of business which sells fuel 20 16 normally used by trucks and which is open twenty-four hours 20 17 per day. 20 18 Sec. 37. Section 326.31, Code 2001, is amended to read as 20 19 follows: 20 20 326.31 FILING INCORRECT INFORMATION – EFFECT. 20 21WheneverIf the director has reason to believe that a fleet 20 22 owner has filed incorrect information with the departmentor20 23the department of revenue and finance, for the purpose of 20 24 reducing the fleet owner's obligation for registration fees or 20 25 fuel taxes, the director maycancelrevoke the apportioned 20 26 registration privileges on all of the vehicles owned bysuch20 27 the person.AnyA person who has such privilegescanceled20 28 revoked shall besubject to the payment of the full annual20 29registration fee for all vehicles operated on the highways of20 30this staterequired to register all of the vehicles owned by 20 31 the person with the appropriate county treasurer for a period 20 32 ofat leastno less than one year and no more than five years 20 33 thereafter. Thedirector of revenue and finance shall co-20 34operate with thedepartment may use all reports pertaining to 20 35 the registration fees and motor fuel taxes in ascertaining the 21 1 accuracy ofallreports filed pertaining to registration fees 21 2 and motor fuel taxes. 21 3AnyA person whose privileges arecanceledrevoked may 21 4 request an administrative hearing of said actionbefore the21 5department of inspections and appealsin accordance with 21 6 chapter 17A, and during the period pending the hearing the 21 7 apportioned registration privileges shall be reinstated if the 21 8 fleet owner posts security with the departmentof21 9transportationin an amount sufficient to paysuchthe full 21 10 annual fees if an adverse decision is rendered at the hearing. 21 11 At such hearing the fleet owner shall have the burden of proof 21 12 as to the accuracy of any report filed by the fleet owner with 21 13 the departmentof transportation or the department of revenue21 14and finance. Judicial review of any decision reached at the 21 15 administrative hearing may be sought in accordance with the 21 16 terms of the Iowa administrative procedure Act. 21 17 Sec. 38. Sections 326.10 and 326.45, Code 2001, are 21 18 repealed. 21 19 EXPLANATION 21 20 This bill makes several Code changes relating to highways 21 21 and motor vehicles, including making changes in the 21 22 quadrennial need study of public roads in the state and in 21 23 motor vehicle registration provisions. 21 24 Division I of the bill relates to highways. The bill 21 25 amends a provision in Code section 6B.2A that exempts certain 21 26 condemnations of property by the state department of 21 27 transportation from the requirement that the department 21 28 provide early notice to owners of agricultural land that may 21 29 be the subject of condemnation. The bill exempts the 21 30 department from the early notice requirement in cases when the 21 31 condemnation is for right-of-way that is contiguous to an 21 32 existing road right-of-way and necessary for the upgrade or 21 33 expansion of the existing road. Currently, such exemption 21 34 exists for condemnation for right-of-way that is contiguous to 21 35 an existing road right-of-way and necessary for the 22 1 maintenance, safety improvement, or repair of the existing 22 2 road. 22 3 The bill also amends Code section 6B.2C to designate the 22 4 director of transportation as the governing body of the state 22 5 department of transportation when the department is acting as 22 6 an acquiring agency for purposes of the condemnation of 22 7 property. Currently, Code section 6B.2C requires the 22 8 governing body for an acquiring agency to approve the use of 22 9 condemnation prior to the conferral of the authority to 22 10 condemn and the commencement of condemnation proceedings. 22 11 The bill amends provisions in Code chapters 307 and 307A 22 12 relating to the duties of the state department of 22 13 transportation and the state transportation commission by 22 14 transferring certain duties relating to the assessment of road 22 15 needs in the state from the commission to the department. The 22 16 bill transfers the duties requiring a study of state park and 22 17 institutional roads and requiring the annual recalculation of 22 18 the construction and maintenance needs of county roads to the 22 19 department. The bill also modifies the duty of the commission 22 20 to conduct a comprehensive quadrennial need study of all roads 22 21 and streets in the state to require the department to prepare, 22 22 adopt, and publish the results of a study of secondary roads, 22 23 and to report the results of the study to the general assembly 22 24 by July 1, 2002, with the study results taking effect July 1, 22 25 2003. The study is to be referred to as the "quadrennial need 22 26 study". The results of the study, as modified by any annual 22 27 updates, are used to determine a portion of the monthly 22 28 apportionment of secondary road and farm-to-market moneys to 22 29 counties. The bill also makes corresponding amendments to 22 30 Code provisions cross-referencing the duties. 22 31 The bill creates new Code section 312.3B providing for an 22 32 Iowa county engineers association service bureau support fund. 22 33 The bill authorizes the department to annually set aside a 22 34 portion of the moneys in the secondary road fund for 22 35 supporting the Iowa county engineers association service 23 1 bureau. The bureau is required to report to the governor, 23 2 state transportation commission, county engineers, chief clerk 23 3 of the house of representatives, and secretary of the senate 23 4 regarding the activities accomplished with funds received from 23 5 the secondary road fund. 23 6 The bill also creates new Code section 312.3C establishing 23 7 a secondary road fund distribution advisory committee. The 23 8 committee is to be comprised of representatives appointed by 23 9 the president of the Iowa county engineers association, the 23 10 president of the Iowa county supervisors association, and the 23 11 department, and is to consider methodologies for distribution 23 12 of moneys in the secondary road fund and the farm-to-market 23 13 road fund and to make recommendations to the general assembly. 23 14 The provisions of the bill relating to assessment of road 23 15 needs in the state, the Iowa county engineers association 23 16 service bureau support fund, and the secondary road fund 23 17 distribution advisory committee are effective upon enactment. 23 18 The bill amends Code section 314.8 to require the agency in 23 19 control of a highway to pay the costs of restoring the 23 20 original position of a government or other established corner 23 21 or land monument if the engineer in charge of the project that 23 22 caused the corner or monument to be disturbed or covered up 23 23 failed to establish permanent witness corners or monuments and 23 24 reestablish the corner or monument. The bill provides that 23 25 the requirement applies retroactively. The bill also 23 26 eliminates a provision subjecting the engineer to a fine of 23 27 not less than $10 nor more than $50 for not establishing 23 28 permanent corners or monuments. 23 29 Division II of the bill relates to motor vehicles. The 23 30 bill amends Code section 321.182 to require a driver's license 23 31 or nonoperator's identification card applicant, who is not a 23 32 foreign national applying for a nonresident commercial 23 33 driver's license, to certify that the applicant is a resident 23 34 of Iowa. Code section 321.182 is also amended to exempt 23 35 foreign nationals temporarily present in the United States 24 1 from being required to include the person's social security 24 2 number on an application for a driver's license or 24 3 nonoperator's identification card. 24 4 The bill amends Code sections 321.190 and 321.196 to modify 24 5 the time periods for which driver's licenses and nonoperator's 24 6 identification cards are valid. The bill provides that 24 7 driver's licenses and nonoperator's identification cards are 24 8 valid for five years, except that licenses and cards issued to 24 9 foreign nationals temporarily present in the United States 24 10 shall only be issued for the length of time the foreign 24 11 national is authorized to be present, not to exceed two years. 24 12 In addition, the bill provides that a nonoperator's 24 13 identification card shall be issued without expiration to a 24 14 person 70 years of age or over. 24 15 The bill also amends Code section 321.191 to modify the 24 16 fees for driver's licenses. The fee for a driver's license 24 17 shall be based on the number of years the license is valid – 24 18 $4 per year of license validity for a noncommercial driver's 24 19 license, $8 per year for a chauffeur's license, and $8 per 24 20 year for a commercial driver's license. 24 21 Code section 321.208 is amended to provide that a person is 24 22 disqualified from operating a commercial motor vehicle for 24 23 failure to obey the signal of a train, as required under Code 24 24 section 321.341. The change is made to reflect federal 24 25 regulations that require an operator of a commercial vehicle 24 26 to be disqualified for railroad-grade crossing violations. 24 27 The bill amends Code section 321.266 to eliminate the 24 28 requirement that the driver of a vehicle involved in an 24 29 accident resulting in personal injury or death, or $1,000 or 24 30 more of property damage, complete a written motor vehicle 24 31 accident report if the accident is investigated by law 24 32 enforcement. 24 33 The bill amends Code section 321A.17 to provide that a 24 34 person whose driver's license has been suspended or revoked 24 35 for certain serious traffic offenses is not required to file 25 1 proof of financial responsibility with the state department of 25 2 transportation if the person provides evidence satisfactory to 25 3 the department that the person resides in another state. The 25 4 bill also provides that the person may not apply for an Iowa 25 5 driver's license for two years from the effective date of the 25 6 person's last suspension or revocation unless proof of 25 7 financial responsibility is filed with the department. 25 8 Code section 321E.8 is amended to revise the requirements 25 9 for annual permits for oversize vehicles with indivisible 25 10 loads and oversize mobile homes. The bill increases the 25 11 allowed length for such vehicles that are self-routed from 75 25 12 feet to 120 feet. The bill increases the ability of a motor 25 13 carrier to self-route on interstates and multilaned primary 25 14 highways beyond 50 miles from the point of origin if the 25 15 vehicle is not more than 12 feet 5 inches wide, 13 feet 10 25 16 inches high, 120 feet long, and 80,000 pounds. The bill 25 17 increases the weight that is allowed for a vehicle operating 25 18 under an "annual with weight" permit from 136,000 to 156,000 25 19 pounds. The bill also allows a vehicle with load operating 25 20 under an "annual with weight" permit to operate under the 25 21 conditions of a regular annual permit when the vehicle meets 25 22 the size and weight limitations of the regular annual permit. 25 23 The bill makes several changes in the motor vehicle 25 24 registration reciprocity provisions in Code chapter 326. The 25 25 bill amends Code section 326.10A by adding a procedure for 25 26 handling dishonored checks issued for payment of fees required 25 27 under the chapter. The procedure includes the accumulation of 25 28 fees and penalties, warning by the state department of 25 29 transportation, suspension of the registration account, and 25 30 pursuit of collection. The delinquent registration fees shall 25 31 be a debt due the state and subsequent payments made by the 25 32 applicant who issued the dishonored check must be made with 25 33 guaranteed funds. The bill eliminates a provision requiring 25 34 the department to hold plates and registrations until a check 25 35 for payment of fees has cleared the bank. 26 1 The bill makes several changes in provisions governing the 26 2 addition to and deletion of motor vehicles from a fleet of 26 3 motor vehicles proportionally registered in the state. The 26 4 bill repeals Code section 326.10, eliminating the provision 26 5 for a minimum registration fee. The bill amends Code section 26 6 326.11 to provide that a fleet owner shall file an application 26 7 for registration for a vehicle added to a fleet according to 26 8 the registration provisions of Code chapter 321 rather than 26 9 filing a supplemental report to the original application for 26 10 registration of the fleet within 10 days after the addition. 26 11 Code section 326.12 is amended to eliminate the requirement 26 12 that a fleet owner notify the state department of 26 13 transportation within 10 days after the fleet owner deletes 26 14 and replaces a vehicle in the fleet. The bill modifies some 26 15 of the conditions for allowing credit for deleted vehicles. 26 16 The bill eliminates the condition providing that no additional 26 17 registration fee be assessed on a replacement vehicle upon 26 18 which the registration fee would have been the same as that 26 19 for the deleted vehicle. The bill requires a lessee to refund 26 20 unexpired registration fees paid by the lessor to the lessee 26 21 on the transferred vehicle instead of requiring the lessee to 26 22 certify to the department that such fees have been refunded to 26 23 the lessor prior to the date of the supplemental application 26 24 requesting credit for registration fees paid on the deleted 26 25 vehicle. The bill adds two other conditions requiring credit 26 26 to be given for unexpired months and requiring that the 26 27 registration of the vehicle being added to the fleet not be 26 28 delinquent under Code chapter 321. 26 29 The bill amends Code section 326.14 to provide that a 26 30 single registration plate and registration receipt is to be 26 31 issued for each vehicle registered under the registration 26 32 reciprocity chapter. The bill specifies that the registration 26 33 period for such vehicles is January 1 through December 31. 26 34 The bill requires an application for renewal of registration 26 35 to be postmarked or received by the department no later than 27 1 January 31. A 5 percent late filing penalty shall be assessed 27 2 for each month the renewal application is late, beginning 27 3 February 1. The enforcement deadline for failure to display a 27 4 registration plate and registration is March 15. 27 5 Code section 326.15 is amended to revise the procedures for 27 6 paying refunds of proportional registration fees. The bill 27 7 eliminates an outdated formula for refunding certain 27 8 registration fees paid when the composite percentage 27 9 apportioned by an owner on a fleet of vehicles based in Iowa 27 10 to each of the jurisdictions with which Iowa has an 27 11 apportionment agreement is in excess of 100 percent. The bill 27 12 also provides that a refund of proportional registration fees 27 13 shall be paid on the basis of unexpired complete months 27 14 remaining from the date the claim for refund, the registration 27 15 plate, and the registration receipt are postmarked or received 27 16 by the department. Currently, such refunds are paid from the 27 17 date the claim for refund is filed. 27 18 The bill amends Code section 326.16 to revise the 27 19 procedures for collection of proportional registration fees 27 20 and calculation of late payment penalties. The bill provides 27 21 that a fleet owner shall be notified by regular mail rather 27 22 than certified mail that fees and penalties are due and must 27 23 be paid within 30 days of the invoice date. The bill also 27 24 provides that a fleet owner shall be notified by certified 27 25 mail that the owner's registration has been suspended if the 27 26 owner has not paid any fees and penalties due. A 5 percent 27 27 late payment penalty is to be assessed if an invoice is not 27 28 paid by 30 days following the invoice date or January 31, 27 29 whichever is later, with an additional 5 percent penalty 27 30 assessed each month thereafter until all fees and penalties 27 31 are paid. 27 32 Code section 326.19 is amended to require a registrant 27 33 whose application for apportioned registration has been 27 34 accepted to preserve the records upon which the registration 27 35 is based for a period of three years after the close of the 28 1 registration year rather than for a period of four full years 28 2 following the year for which the application was made. The 28 3 bill modifies the procedures for auditing such records by 28 4 providing that an audit is to be conducted at the registrant's 28 5 office unless circumstances dictate that the registrant be 28 6 required to bring the records to the department's office of 28 7 motor carrier services. The bill also provides that if the 28 8 registrant's operational records are located in another state 28 9 and it is necessary for Iowa to send auditors to the other 28 10 state, Iowa may require the registrant to reimburse the 28 11 auditors' expenses. Currently, all fleet owners, upon request 28 12 of the department, are required to make all records available 28 13 to the department at the office of the director of 28 14 transportation and if an owner fails to produce such records 28 15 the owner must pay the costs of an audit at the home office of 28 16 the owner. 28 17 The bill also makes technical corrections to Code sections 28 18 321.127, 321.191, 321E.14, and 326.22. 28 19 The bill amends Code section 326.23 to eliminate the 28 20 maximum issuance fee charged by a truck stop issuing trip 28 21 permits for commercial vehicles, but requires truck stops to 28 22 disclose the issuance fee for such permits to the purchasers 28 23 of the permits. 28 24 Code section 326.31 is amended to provide that the director 28 25 of transportation may revoke rather than cancel the 28 26 apportioned registration privileges on all of the vehicles 28 27 owned by a fleet owner who has filed incorrect information 28 28 with the department for the purpose of reducing the fleet 28 29 owner's obligation for registration fees or fuel taxes. The 28 30 bill provides that a person who has such privileges revoked 28 31 shall be required to register all vehicles owned by the person 28 32 with the county treasurer for at least one year and no more 28 33 than five years thereafter rather than be subject to the full 28 34 annual registration fee for all vehicles operated on the 28 35 highways of this state. The bill provides that a person whose 29 1 privileges are revoked may request an administrative hearing 29 2 in accordance with Code chapter 17A rather than before the 29 3 department of inspections and appeals. The bill also 29 4 eliminates all references to any responsibilities of the 29 5 department, and the director, of revenue and finance in Code 29 6 section 326.31. 29 7 Code section 326.45 is also repealed. Currently, Code 29 8 section 326.45 provides that the state department of 29 9 transportation shall, upon receiving application for and 29 10 payment of the registration fee and notification of title, 29 11 issue registration identification to the applicant carrier and 29 12 send the certificate of title to the vehicle owner or 29 13 lienholder. Code section 326.45 also directs the department 29 14 to adopt rules pursuant to Code chapter 17A to process 29 15 registration of vehicles titled in other states. 29 16 LSB 5331DP 79 29 17 nh/sh/8.1
Text: SSB03046 Text: SSB03048 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Fri Jan 25 07:05:39 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03000/SSB03047/020124.html
jhf