Text: SSB03121 Text: SSB03123 Text: SSB03100 - SSB03199 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 or a county 1 7 for right-of-way that is contiguous to an existing road right- 1 8 of-way and necessary for the maintenance, safety improvement, 1 9orrepair, or upgrade of the existing road. Notwithstanding 1 10 section 6B.2C, a condemnation of property by the state 1 11 department of transportation pursuant to this subsection shall 1 12 be approved by the director of the department of 1 13 transportation. For purposes of this subsection, "upgrade" 1 14 means to bring a road or bridge up to currently acceptable 1 15 standards, including improved geometrics, passing lanes, 1 16 turning lanes, climbing lanes, and improved shoulders. 1 17 Sec. 2. Section 6B.24, Code 2001, is amended to read as 1 18 follows: 1 19 6B.24 REDUCTION OF DAMAGES INTEREST ON INCREASED AWARD. 1 20 If the amount of damages awarded by the commissioners is 1 21 decreased on appeal, the reduced amount shall be paid to the 1 22 landowner. If the amount of damages awarded by the 1 23 commissioners is increased on appeal, interest shall be paid 1 24 from the date of the condemnation. Interest shall not be paid 1 25 on any amount which was previously paid. Interest shall be 1 26 calculated at an annual rate equal to thecoupon issue yield1 27equivalent, as determined by the United States secretary of1 28the treasury, of the average accepted auction price for the1 29last auction of fifty-two-week United States treasury bills1 30 treasury constant maturity index published by the federal 1 31 reserve in the H15 Report settled immediately before the date 1 32 of the award. 1 33 Sec. 3. Section 307.22, Code 2001, is amended by adding 1 34 the following new subsections: 1 35 NEW SUBSECTION. 6. Conduct a study of the road and bridge 2 1 facilities in state parks, state institutions, state 2 2 fairgrounds, and on community college property. The study 2 3 shall evaluate the construction and maintenance needs and 2 4 projected needs based upon estimated growth for each type of 2 5 facility to provide a quadrennially updated standard upon 2 6 which to allocate funds appropriated for the purposes of this 2 7 subsection. 2 8 NEW SUBSECTION. 7. Prepare, adopt, and cause to be 2 9 published the results of a study of secondary roads in the 2 10 state. The study shall be designed to investigate present 2 11 deficiencies and future twenty-year maintenance and 2 12 construction needs of the roads. The study shall be referred 2 13 to as the "quadrennial need study" for the purposes of this 2 14 chapter, chapter 307A, and chapter 312. The department shall 2 15 report the results of the study to the general assembly by 2 16 July 1, 2002, and the study results shall take effect July 1, 2 17 2003. 2 18 NEW SUBSECTION. 8. Annually recalculate the construction 2 19 and maintenance needs of roads under the jurisdiction of each 2 20 county to take into account the needs of a road whose 2 21 jurisdiction has been transferred from the department to a 2 22 county or from a county to the department during the previous 2 23 year. The recalculation shall be reported by January 1 of the 2 24 year following the transfer and shall take effect the 2 25 following July 1 for the purposes of allocating moneys under 2 26 sections 312.3 and 312.5. 2 27 Sec. 4. Section 307A.2, subsection 11, Code 2001, is 2 28 amended to read as follows: 2 29 11. Construct, reconstruct, improve, and maintain state 2 30 institutional roads and state park roads, which are part of 2 31 the state park, state institution, and other state land road 2 32 system as defined in section 306.3, and bridges on such roads, 2 33 roads located on state fairgrounds as defined in chapter 173, 2 34 and the roads and bridges located on community college 2 35 property as defined in chapter 260C, upon the request of the 3 1 state board, department, or commission which has jurisdiction 3 2 over such roads. This shall be done in such manner as may be 3 3 agreed upon by the state transportation commission and the 3 4 state board, department, or commission which has jurisdiction. 3 5 The commission may contract with any county or municipality 3 6 for the construction, reconstruction, improvement, or 3 7 maintenance of such roads and bridges. Any state park road 3 8 which is an extension of either a primary or secondary highway 3 9 which both enters and exits from a state park at separate 3 10 points shall be constructed, reconstructed, improved, and 3 11 maintained as provided in section 306.4. Funds allocated from 3 12 the road use tax fund for the purposes of this subsection 3 13 shall be apportioned in the ratio that the needs of the state 3 14 institutional roads and bridges, park roads and bridges, or 3 15 community college roads and bridges bear to the total needs of 3 16 these facilities based upon the most recent quadrennial park 3 17 and institution need study.The commission shall conduct a3 18study of the road and bridge facilities in state parks, state3 19institutions, state fairgrounds, and on community college3 20property. The study shall evaluate the construction and3 21maintenance needs and projected needs based upon estimated3 22growth for each type of facility to provide a quadrennially3 23updated standard upon which to allocate funds appropriated for3 24the purposes of this subsection.3 25 Sec. 5. Section 307A.2, subsections 14 and 14A, Code 2001, 3 26 are amended by striking the subsections. 3 27 Sec. 6. Section 312.3, subsection 1, unnumbered paragraph 3 28 2, Code 2001, is amended to read as follows: 3 29 For the purposes of this subsection, "latest quadrennial 3 30 need study report" includes the annual recalculation of 3 31 construction and maintenance needs of roads whose jurisdiction 3 32 has been transferred from the department to a county or from a 3 33 county to the department during the previous year as 3 34 recalculated pursuant to section307A.2, subsection 14A3 35 307.22, subsection 8. 4 1 Sec. 7. Section 309.57, unnumbered paragraph 5, Code 2001, 4 2 is amended to read as follows: 4 3 A road with an area service "C" classification shall retain 4 4 the classification until such time as a petition for 4 5 reclassification is submitted to the board of supervisors. 4 6 The petition shall be signed by one or more adjoining 4 7 landowners. The board of supervisors shall approve or deny 4 8 the request for reclassification within sixty days of receipt 4 9 of the petition. 4 10 Sec. 8. NEW SECTION. 312.3B IOWA COUNTY ENGINEERS 4 11 ASSOCIATION SERVICE BUREAU SUPPORT FUND. 4 12 Prior to the allocation to the counties under section 4 13 312.3, subsection 1, the department is authorized to set aside 4 14 each year twenty-five hundredths of one percent from the 4 15 secondary road fund for deposit in a fund to be known as the 4 16 Iowa county engineers association service bureau support fund. 4 17 The Iowa county engineers association service bureau support 4 18 fund shall be used by the department solely for the purpose of 4 19 supporting the Iowa county engineers association service 4 20 bureau. Unobligated funds remaining in the Iowa county 4 21 engineers association service bureau support fund on June 30 4 22 of the fiscal year shall revert to the secondary road fund. 4 23 On or before January 31 of each year, the Iowa county 4 24 engineers association service bureau shall file a report with 4 25 the governor, state transportation commission, county 4 26 engineers, chief clerk of the house of representatives, and 4 27 secretary of the senate showing the activity accomplished 4 28 under this section. 4 29 Sec. 9. NEW SECTION. 312.3C SECONDARY ROAD FUND 4 30 DISTRIBUTION ADVISORY COMMITTEE. 4 31 A secondary road fund distribution advisory committee is 4 32 established to consider methodologies for distribution of 4 33 moneys in the secondary road fund and farm-to-market road 4 34 fund. The committee shall be comprised of representatives 4 35 appointed by the president of the Iowa county engineers 5 1 association, the president of the Iowa county supervisors 5 2 association, and the department. The committee shall 5 3 recommend to the general assembly, for the general assembly's 5 4 consideration and adoption, one or more alternative 5 5 methodologies for distribution of moneys in the secondary road 5 6 fund and the farm-to-market road fund. 5 7 Sec. 10. Section 312.5, subsection 4, unnumbered paragraph 5 8 2, Code 2001, is amended to read as follows: 5 9 "Latest quadrennial need study report" includes the annual 5 10 recalculation of construction and maintenance needs of roads 5 11 whose jurisdiction has been transferred from the department to 5 12 a county or from a county to the department during the prior 5 13 year as recalculated pursuant to section307A.2, subsection5 1414A307.22, subsection 8. 5 15 Sec. 11. Section 314.8, Code 2001, is amended to read as 5 16 follows: 5 17 314.8 GOVERNMENT MARKERS PRESERVED. 5 18 1.WheneverIf itmay becomeis necessary in gradingthe5 19highwaysa highway to make a cutwhichthat will disturb, or 5 20 fillwhichthat will cover up, a government or other 5 21 established corner or land monument,it shall be the duty of5 22 the engineertoin charge of the project shall establish 5 23 permanent witness corners or monuments, and make a record of 5 24 the same,which shallthat show the distance and direction the 5 25 witness corner is from the corner disturbed or covered up. 5 26 Whensaidthe construction work is completed the engineer 5 27 shall permanentlyre-establish saidreestablish the corner or 5 28 monument.A failure to perform said duties shall subject the5 29engineer to a fine of not less than ten dollars nor more than5 30fifty dollars to be collected on the engineer's bond.5 31 2. If the duties in subsection 1 are not performed, the 5 32 agency in control of the highway on which a project described 5 33 in subsection 1 has been or is being completed shall pay the 5 34 costs of restoring the original position of the established 5 35 corner or land monument. 6 1 Sec. 12. EFFECTIVE DATE. The sections of this division of 6 2 this Act amending sections 307.22, 307A.2, and 312.3, enacting 6 3 sections 312.3B and 312.3C, and amending section 312.5, being 6 4 deemed of immediate importance, take effect upon enactment. 6 5 DIVISION II 6 6 MOTOR VEHICLES 6 7 Sec. 13. Section 321.1, Code Supplement 2001, is amended 6 8 by adding the following new subsection: 6 9 NEW SUBSECTION. 20B. "Electric personal assistive 6 10 mobility device" means a self-balancing device powered by an 6 11 electric propulsion system that averages seven hundred fifty 6 12 watts, has two nontandem wheels, and is designed to transport 6 13 one person, with a maximum speed on a paved level surface of 6 14 less than twenty miles per hour. The maximum speed shall be 6 15 calculated based on operation of the device by a person who 6 16 weighs one hundred seventy pounds when the device is powered 6 17 solely by the electric propulsion system. 6 18 Sec. 14. Section 321.1, subsection 40, paragraph b, Code 6 19 Supplement 2001, is amended to read as follows: 6 20 b. "Motorized bicycle" or "motor bicycle" means a motor 6 21 vehicle having a saddle or a seat for the use of a rider and 6 22 designed to travel on not more than three wheels in contact 6 23 with the ground, with an engine having a displacement no 6 24 greater than fifty cubic centimeters and not capable of 6 25 operating at a speed in excess oftwenty-fivethirty miles per 6 26 hour on level ground unassisted by human power. 6 27 Sec. 15. Section 321.57, subsections 1, 2, and 4, Code 6 28 Supplement 2001, are amended to read as follows: 6 29 1. Amanufactured home retailerdealer owning any vehicle 6 30 of a type otherwise required to be registered under this 6 31 chapter may operate or move the vehicle upon the highways 6 32 solely for purposes of transporting, testing, demonstrating, 6 33 or selling the vehicle without registering the vehicle, upon 6 34 condition that the vehicle display in the manner prescribed in 6 35 sections 321.37 and 321.38 a special plate issued to the owner 7 1 as provided in sections 321.58 to 321.62. Additionally, a new 7 2 car dealer or a used car dealer may operate or move upon the 7 3 highways a new or used car or trailer owned by the dealer for 7 4 either private or business purposes without registering it if 7 5 the new or used car or trailer is in the dealer's inventory 7 6 and is continuously offered for sale at retail, and there is 7 7 displayed on it a special plate issued to the dealer as 7 8 provided in sections 321.58 to 321.62. 7 9 2. In addition, while a service customer is having the 7 10 customer's own vehicle serviced or repaired by the 7 11manufactured home retailerdealer, the service customer of the 7 12manufactured home retailerdealer may operate upon the 7 13 highways a motor vehicle owned by themanufactured home7 14retailerdealer, except a motor truck or truck tractor, upon 7 15 which there is displayed a special plate issued to the 7 16manufactured home retailerdealer, provided all of the 7 17 requirements of this section are complied with. 7 18 4. The provisions of this section and sections 321.58 to 7 19 321.62,shall not apply to any vehicles offered for hire, work 7 20 or service vehicles owned by a transporter ormanufactured7 21home retailerdealer. 7 22 Sec. 16. Section 321.58, Code Supplement 2001, is amended 7 23 to read as follows: 7 24 321.58 APPLICATION. 7 25 Allmanufactured home retailersdealers, transporters, new 7 26 motor vehicle wholesalers licensed under chapter 322, and 7 27 manufactured home retailers licensed under chapter 322B, upon 7 28 payment of a fee of seventy dollars for two years, one hundred 7 29 forty dollars for four years, or two hundred ten dollars for 7 30 six years, may make application to the department upon the 7 31 appropriate form for a certificate containing a general 7 32 distinguishing number and for one or more special plates as 7 33 appropriate to various types of vehicles subject to 7 34 registration. The applicant shall also submit proof of the 7 35 applicant's status as a bona fide transporter, new motor 8 1 vehicle wholesaler licensed under chapter 322, manufactured 8 2 home retailer licensed under chapter 322B, ormanufactured8 3home retailerdealer, as reasonably required by the 8 4 department. Dealers in new vehicles shall furnish 8 5 satisfactory evidence of a valid franchise with the 8 6 manufacturer of the vehicles authorizing the dealership. 8 7 Sec. 17. Section 321.69, subsection 7, Code 2001, is 8 8 amended by adding the following new unnumbered paragraph: 8 9 NEW UNNUMBERED PARAGRAPH. In addition to the information 8 10 required in subsection 2, a separate disclosure document shall 8 11 state whether the vehicle's certificate of title indicates the 8 12 existence of damage prior to the period of the transferor's 8 13 ownership of the vehicle, and the amount of that damage if the 8 14 transferor knows or reasonably should know of the prior 8 15 damage, and whether the vehicle was titled as a salvage 8 16 vehicle during the period of the transferor's ownership of the 8 17 vehicle. 8 18 Sec. 18. Section 321.127, subsection 4, Code 2001, is 8 19 amended to read as follows: 8 20 4. Refundsand creditsfor motor vehicles registered for 8 21 proportional registration under chapter 326 shall be paidor8 22creditedon the basis of unexpired complete calendar months 8 23 remaining in the registration year from the date the claimor8 24application is filed withfor refund, license plate, and 8 25 registration receipt are received by the department. 8 26 Sec. 19. Section 321.182, subsections 1 and 3, Code 8 27 Supplement 2001, are amended to read as follows: 8 28 1. a. Make application on a form provided by the 8 29 department which shall include the applicant's full name, 8 30 signature, current mailing address, current residential 8 31 address, date of birth, social security number, and physical 8 32 description including sex, height, and eye color. The 8 33 application may contain other information the department may 8 34 require by rule. Pursuant to procedures established by the 8 35 department and for an applicant who is a foreign national 9 1 temporarily present in this state, the department may waive 9 2 the requirement that the application include the applicant's 9 3 social security number. 9 4 b. A licensee shall notify the department when the 9 5 licensee's mailing address changes and provide the new address 9 6 within thirty days of obtaining the new address. The 9 7 application provided by the department shall include a 9 8 statement for the applicant to sign that acknowledges the 9 9 applicant's knowledge of the requirement to notify the 9 10 department of a mailing address change. The penalty under 9 11 section 321.482 shall not apply to a licensee's failure to 9 12 notify the department of such an address change. 9 13 3. Certify that the applicant has no other driver's 9 14 license and certify that the applicant is a resident of this 9 15 state as provided in section 321.1A. However, certification 9 16 of residency is not required for an applicant for a 9 17 nonresident commercial driver's license who is a foreign 9 18 national temporarily present in this state, as determined by 9 19 the department. 9 20 Sec. 20. Section 321.190, subsection 1, paragraphs a and 9 21 d, Code Supplement 2001, are amended to read as follows: 9 22 a. The department shall, upon application and payment of 9 23 the required fee, issue to an applicant a nonoperator's 9 24 identification card. To be valid the card shall bear a 9 25 distinguishing number assigned to the card holder, the full 9 26 name, date of birth, sex, residence address, a physical 9 27 description and a colored photograph of the card holder, the 9 28 usual signature of the card holder, and such other information 9 29 as the department may require by rule. An applicant for a 9 30 nonoperator's identification card shall apply for the card in 9 31 the manner provided in section 321.182, subsections 1 through 9 32 3. The card shall be issued to the applicant at the time of 9 33 application pursuant to procedures established by rule. 9 34 d. The fee for a nonoperator's identification card shall 9 35 be five dollars and the card shall be valid for a period of 10 1fourfive years from the date of issuance. A nonoperator's 10 2 identification card shall be issued without expiration to 10 3 anyone age seventy or over. If an applicant for a 10 4 nonoperator's identification card is a foreign national who is 10 5 temporarily present in this state, the nonoperator's 10 6 identification card shall be issued only for the length of 10 7 time the foreign national is authorized to be present as 10 8 determined by the department, not to exceed two years.NoAn 10 9 issuance fee shall not be charged for a person whose driver's 10 10 license or driving privilege has been suspended under section 10 11 321.210, subsection 1, paragraph "c". 10 12 The nonoperator's identification card fees shall be 10 13 transmitted by the department to the treasurer of state who 10 14 shall credit the fees to the road use tax fund. 10 15 Sec. 21. Section 321.191, subsections 2 through 4, Code 10 16 2001, are amended to read as follows: 10 17 2. NONCOMMERCIAL DRIVER'S LICENSES. The fee for a 10 18 noncommercial driver's license, other than a class D driver's 10 19 license or any type of instruction permit,valid for two years10 20 iseightfour dollars per year of license validity. 10 21 3. LICENSES FOR CHAUFFEURS. The fee for a noncommercial 10 22 class D driver's licensevalid for two yearsissixteeneight 10 23 dollars per year of license validity. 10 24 4. COMMERCIAL DRIVER'S LICENSES.An additionalThe feeof10 25eight dollars is required to issuefor a commercial driver's 10 26 license, other than an instruction permit,valid for two years10 27 for the operation of a commercial motor vehicle is eight 10 28 dollars per year of license validity. 10 29 Sec. 22. Section 321.191, subsection 7, Code 2001, is 10 30 amended by striking the subsection. 10 31 Sec. 23. Section 321.191, subsection 8, Code 2001, is 10 32 amended to read as follows: 10 33 8. ENDORSEMENTS AND REMOVAL OF AIR BRAKE RESTRICTIONS. 10 34 The fee for a double/triple trailer endorsement, tank vehicle 10 35 endorsement, and hazardous materials endorsement is five 11 1 dollars for each endorsement. The fee for a passenger 11 2 endorsement is ten dollars. The fee for removal of an air 11 3 brake restriction on a commercial driver's license is ten 11 4 dollars. Fees imposed under this subsection for endorsements 11 5 or removal of restrictions are valid for thelength of the11 6timeperiod of the licenseregardless of whether the license11 7is issued for two or four years. Upon renewal of a commercial 11 8 driver's licensethere isno fee is payable for retaining 11 9 endorsements or the removal of the air brake restriction for 11 10 those endorsements or restrictions which do not require the 11 11 taking of either a knowledge or a driving skills test for 11 12 renewal. 11 13 Sec. 24. Section 321.196, Code Supplement 2001, is amended 11 14 to read as follows: 11 15 321.196 EXPIRATION OF LICENSE RENEWAL. 11 16 1. Except as otherwise provided, a driver's license, other 11 17 than an instruction permit, chauffeur's instruction permit, or 11 18 commercial driver's instruction permit issued under section 11 19 321.180, expires, at the option of the applicant, two or four11 20 five years from the licensee's birthday anniversary occurring 11 21 in the year of issuance if the licensee is between the ages of 11 22 seventeen years eleven months and seventy years on the date of 11 23 issuance of the license. If the licensee is under the age of 11 24 seventeen years eleven months or age seventy or over, the 11 25 license is effective for a period of two years from the 11 26 licensee's birthday anniversary occurring in the year of 11 27 issuance. A licensee whose license is restricted due to 11 28 vision or other physical deficiencies may be required to renew 11 29 the license every two years. If a licensee is a foreign 11 30 national who is temporarily present in this state, the license 11 31 shall be issued only for the length of time the foreign 11 32 national is authorized to be present as determined by the 11 33 department, not to exceed two years. 11 34 2. Except as required in section 321.188, and except for a 11 35 motorcycle instruction permit issued in accordance with 12 1 section 321.180 or 321.180B, a driver's license is renewable 12 2 without written examination or penalty within a period of 12 3 sixty days after its expiration date and without a driving 12 4 test within a period of one year after its expiration date. A 12 5 person shall not be considered to be driving with an invalid 12 6 license during a period of sixty days following the license 12 7 expiration date. However, for a license renewed within the 12 8 sixty-day period, the date of issuance shall be considered to 12 9 be the previous birthday anniversary on which it expired. 12 10Applicants whose licenses are restricted due to vision or12 11other physical deficiencies may be required to renew their12 12licenses every two years.12 13 3. For the purposes of this section, the birthday 12 14 anniversary of a person born on February 29 shall be deemed to 12 15 occur on March 1. 12 16 4. The department in its discretion may authorize the 12 17 renewal of a valid driver's license other than a commercial 12 18 driver's license upon application without an examination 12 19 provided that the applicant satisfactorily passes a vision 12 20 test as prescribed by the department or files a vision report 12 21 in accordance with section 321.186A which shows that the 12 22 applicant's visual acuity level meets or exceeds those 12 23 required by the department. An application for renewal of a 12 24 driver's license shall include a statement for the applicant 12 25 to sign that acknowledges the applicant's knowledge of the 12 26 requirement to notify the department of a mailing address 12 27 change under section 321.182, subsection 1. 12 28 5.AnyA resident of Iowa holding a valid driver's license 12 29 who is temporarily absent from the state,or incapacitated, 12 30 may, at the time for renewalforof such license, apply to the 12 31 department for a temporary extension of the license. The 12 32 department upon receipt of the application shall, upon a 12 33 showing of good cause, issue a temporary extension of the 12 34 driver's license for a period not to exceed six months. 12 35 Sec. 25. Section 321.208, subsection 7, paragraphs a 13 1 through c, Code Supplement 2001, are amended to read as 13 2 follows: 13 3 a. A person is disqualified from operating a commercial 13 4 motor vehicle for sixty days if the person is convicted of a 13 5 first railroad crossing at grade violation under section 13 6 321.341 or 321.343 and the violation occurred while the person 13 7 was operating a commercial motor vehicle. 13 8 b. A person is disqualified from operating a commercial 13 9 motor vehicle for one hundred twenty days if the person is 13 10 convicted of a second railroad crossing at grade violation 13 11 under section 321.341 or 321.343, the violation occurred while 13 12 the person was operating a commercial motor vehicle, and the 13 13 violation occurred within three years after a first such 13 14 violation. 13 15 c. A person is disqualified from operating a commercial 13 16 motor vehicle for one year if the person is convicted of a 13 17 third or subsequent railroad crossing at grade violation under 13 18 section 321.341 or 321.343, the violation occurred while the 13 19 person was operating a commercial motor vehicle, and the 13 20 violation occurred within three years after a first such 13 21 violation. 13 22 Sec. 26. NEW SECTION. 321.235A ELECTRIC PERSONAL 13 23 ASSISTIVE MOBILITY DEVICES. 13 24 An electric personal assistive mobility device may be 13 25 operated by a person at least sixteen years of age on 13 26 sidewalks and bikeways in accordance with this section. 13 27 1. None of the following are required for operation of an 13 28 electric personal assistive mobility device: 13 29 a. Licensure or registration of the electric personal 13 30 assistive mobility device under this chapter. 13 31 b. Possession of a driver's license or permit by the 13 32 operator of the electric personal assistive mobility device. 13 33 c. Proof of financial responsibility. 13 34 2. A person operating an electric personal assistive 13 35 mobility device on a sidewalk or bikeway shall do all of the 14 1 following: 14 2 a. Yield the right-of-way to pedestrians and human-powered 14 3 devices. 14 4 b. Give an audible signal before overtaking and passing a 14 5 pedestrian or human-powered device. 14 6 3. A person shall not operate an electric personal 14 7 assistive mobility device at the times specified in section 14 8 321.384 unless the person or the electric personal assistive 14 9 mobility device is equipped with a headlight visible from the 14 10 front of the electric personal assistive mobility device and 14 11 at least one red reflector visible from the rear of the 14 12 electric personal assistive mobility device. 14 13 4. Violations of this section are punishable as a 14 14 scheduled violation under section 805.8A, subsection 9A. 14 15 Sec. 27. Section 321.236, Code Supplement 2001, is amended 14 16 by adding the following new subsection: 14 17 NEW SUBSECTION. 14. Regulating or prohibiting the 14 18 operation of electric personal assistive mobility devices 14 19 authorized pursuant to section 321.235A. 14 20 Sec. 28. Section 321.266, subsection 2, Code 2001, is 14 21 amended to read as follows: 14 22 2. The driver of a vehicle involved in an accident 14 23 resulting in injury to or death of any person, or total 14 24 property damage to an apparent extent of one thousand dollars 14 25 or more shallalso, within seventy-two hours after the 14 26 accident, forward a written report of the accident to the 14 27 department. However, such report is not required when the 14 28 accident is investigated by a law enforcement agency. 14 29 Sec. 29. Section 321.463, subsection 5, paragraph c, Code 14 30 Supplement 2001, is amended by adding the following new 14 31 unnumbered paragraph: 14 32 NEW UNNUMBERED PARAGRAPH. Notwithstanding any provision of 14 33 this section to the contrary, the maximum gross weight allowed 14 34 to be carried on a noninterstate highway by a livestock 14 35 vehicle with five axles, a minimum distance in feet of sixty- 15 1 one feet, and a minimum width between the two rear axles of at 15 2 least eight feet and one inch is eighty-six thousand pounds. 15 3 Sec. 30. Section 321A.17, subsection 4, Code 2001, is 15 4 amended by striking the subsection. 15 5 Sec. 31. Section 321A.17, Code 2001, is amended by adding 15 6 the following new subsection: 15 7 NEW SUBSECTION. 9. This section does not apply to an 15 8 individual whose privilege to operate a motor vehicle has been 15 9 suspended or revoked when the period of suspension or 15 10 revocation has ended and the individual provides evidence 15 11 satisfactory to the department that the individual has 15 12 established residency in another state. The individual may 15 13 not apply for an Iowa driver's license for two years from the 15 14 effective date of the person's last suspension or revocation 15 15 unless proof of financial responsibility is filed with the 15 16 department, as required by this section. 15 17 Sec. 32. Section 321E.8, Code Supplement 2001, is amended 15 18 to read as follows: 15 19 321E.8 ANNUAL PERMITS. 15 20 Subject to the discretion and judgment provided for in 15 21 section 321E.1, annual permits shall be issued in accordance 15 22 with the following provisions: 15 23 1. Vehicles with indivisible loads,having an overall15 24width not to exceed twelve feet five inchesor mobile homes 15 25 including appurtenances, having an overall width not to exceed 15 26twelvesixteen feetfivezero inches,andan overall length 15 27 not to exceedseventy-fiveone hundred twenty feet zero 15 28 inches, an overall height not to exceed fifteen feet five 15 29 inches, and a total gross weight not to exceed eighty thousand 15 30 pounds, may be movedfor unlimited distances. The vehicle and15 31load shall not exceed the height of thirteen feet ten inches15 32and the total gross weight as prescribed in section 321.463.15 33 as follows: 15 34 a. Vehicles with indivisible loads, or mobile homes 15 35 including appurtenances, having an overall width not to exceed 16 1 twelve feet five inches, an overall length not to exceed one 16 2 hundred twenty feet zero inches, and an overall height not to 16 3 exceed thirteen feet ten inches may be moved for unlimited 16 4 distances without route approval from the permitting 16 5 authority. 16 6 b. Vehicles with indivisible loads, or mobile homes 16 7 including appurtenances, having an overall width not to exceed 16 8 fourteen feet six inches, an overall length not to exceed one 16 9 hundred twenty feet zero inches, and an overall height not to 16 10 exceed fifteen feet five inches may be moved on the interstate 16 11 highway system and primary highways with more than one lane 16 12 traveling in each direction for unlimited distances and no 16 13 more than fifty miles from the point of origin on all other 16 14 highways without route approval from the permit issuing 16 15 authority. 16 16 c. All other vehicles with indivisible loads operating 16 17 under this subsection shall obtain route approval from the 16 18 permitting authority. 16 19 d. Vehicles with indivisible loads may operate under an 16 20 all systems permit in compliance with paragraph "a", "b", or 16 21 "c". 16 22 2. Vehicles with indivisible loads,having an overall16 23width not to exceed thirteen feet five inchesor mobile homes,16 24 including appurtenances, having an overall width not to exceed 16 25 thirteen feet five inches and an overall length not to exceed 16 26 one hundred twenty feet zero inches may be moved on highways 16 27 specified by the permitting authority for unlimited distances 16 28 if the height of the vehicle and load does not exceed fifteen 16 29 feet five inches and the total gross weight of the vehicle 16 30 does not exceed one hundredthirty-sixfifty-six thousand 16 31 pounds. The vehicle owner or operator shall verify with the 16 32 permitting authority prior to movement of the load that 16 33 highway conditions have not changed so as to prohibit movement 16 34 of the vehicle. Any cost to repair damage to highways or 16 35 highway structures shall be borne by the owner or operator of 17 1 the vehicle causing the damage. Permitted vehicles under this 17 2 subsection shall not be allowed to travel on any portion of 17 3 the interstate highway system. Vehicles with indivisible 17 4 loads operating under the permit provisions of this subsection 17 5 may operate under the permit provisions of subsection 1 17 6 provided the vehicle and load comply with the limitations 17 7 described in subsection 1. 17 83. Vehicles with indivisible loads, including mobile homes17 9and factory-built structures, having an overall width not to17 10exceed sixteen feet zero inches and an overall length not to17 11exceed one hundred twenty feet zero inches may be moved under17 12an annual or all-systems permit and must have a route17 13specified by the issuing authority prior to the movement.17 14However, vehicles with indivisible loads, including mobile17 15homes and factory-built structures, with an overall width not17 16exceeding fourteen feet six inches may exceed fifty miles17 17under an annual and all-systems permit when prior approval for17 18trip routing is obtained from the issuing authority. A17 19vehicle and load being moved according to this paragraph shall17 20not exceed fifteen feet five inches in height and shall not17 21exceed the total gross weight as prescribed in section17 22321.463.17 23 Sec. 33. Section 321E.14, Code Supplement 2001, is amended 17 24 to read as follows: 17 25 321E.14 FEES FOR PERMITS. 17 26 The department or local authorities issuing permits shall 17 27 charge a fee of twenty-five dollars for an annual permit 17 28 issued under section 321E.8, subsection 1or 3, a fee of three 17 29 hundred dollars for an annual permit issued under section 17 30 321E.8, subsection 2, a fee of two hundred dollars for a 17 31 multi-trip permit, and a fee of ten dollars for a single-trip 17 32 permit, and shall determine charges for special permits issued 17 33 pursuant to section 321E.29 by rules adopted pursuant to 17 34 chapter 17A. Fees for the movement of buildings, parts of 17 35 buildings, or unusual vehicles or loads may be increased to 18 1 cover the costs of inspections by the issuing authority. A 18 2 fee not to exceed two hundred fifty dollars per day or a 18 3 prorated fraction of that fee per person and car for escort 18 4 service may be charged when requested or when required under 18 5 this chapter. Proration of escort fees between state and 18 6 local authorities when more than one governmental authority 18 7 provides or is required to provide escort for a movement 18 8 during the period of a day shall be determined by rule under 18 9 section 321E.15. The department and local authorities may 18 10 charge a permit applicant for the cost of trimming trees and 18 11 removal and replacement of natural obstructions or official 18 12 signs and signals or other public or private property required 18 13 to be removed during the movement of a vehicle and load. In 18 14 addition to the fees provided in this section, the annual fee 18 15 for a permit for special mobile equipment, as defined in 18 16 section 321.1, subsection 75, operated pursuant to section 18 17 321E.7, subsection 2, with a combined gross weight up to and 18 18 including eighty thousand pounds shall be twenty-five dollars 18 19 and for a combined gross weight exceeding eighty thousand 18 20 pounds, fifty dollars. 18 21 The annual fee for an all-system permit is one hundred 18 22 twenty dollars which shall be deposited in the road use tax 18 23 fund. 18 24 Sec. 34. Section 322.5, subsection 5, Code Supplement 18 25 2001, is amended by adding the following new unnumbered 18 26 paragraph: 18 27 NEW UNNUMBERED PARAGRAPH. A temporary permit shall not be 18 28 issued under this subsection to a nonresident manufacturer, 18 29 distributor, or dealer unless the state in which the 18 30 nonresident manufacturer, distributor, or dealer is licensed 18 31 extends by reciprocity similar privileges to a manufacturer, 18 32 distributor, or dealer licensed by this state. 18 33 Sec. 35. Section 322A.12, Code 2001, is amended to read as 18 34 follows: 18 35 322A.12 SALE OR TRANSFER OF OWNERSHIP. 19 1 1. Notwithstanding the terms, provisions, or conditions of 19 2anyan agreement or franchise, subject to the provisions of 19 3subsection 2 ofsection 322A.11, subsection 2, in the event of 19 4 the sale or transfer of ownership ofthea franchisee's 19 5 dealership by sale or transfer of the business or by stock 19 6 transfer or in the event of a change in the executive 19 7 management ofthea franchisee's dealership, the franchiser 19 8 shall give effect tosuch athe change in the franchise unless 19 9 the transfer of the franchisee's license under chapter 322 is 19 10 denied or the new owner is unable to obtain a license under 19 11saidthat chapter, as the case may be. 19 12 2. Notwithstanding the terms, provisions, or conditions of 19 13 an agreement or franchise, the sale or transfer, or the 19 14 proposed sale or transfer, of a franchisee's dealership, or 19 15 the change or proposed change in the executive management of a 19 16 franchisee's dealership shall not make applicable any right of 19 17 first refusal of the franchiser. 19 18 Sec. 36. Section 326.10A, Code 2001, is amended to read as 19 19 follows: 19 20 326.10A PAYMENT BY CHECK. 19 21 The department shall accept payment of fees under this 19 22 chapter by personal or corporate check. The fee shall be 19 23 deemed to have been paid upon receipt of the check.However,19 24the department shall not issue plates, stickers or other19 25identification of vehicles subject to proportional19 26registration until sufficient time has elapsed to ensure that19 27payment of the check has cleared the bank upon which it is19 28drawn.If the check is not honored, all fees and penalties 19 29 shall accumulate as if the fee was not paid. After 19 30 appropriate warning from the department, the registration 19 31 account shall be suspended, collection pursued, and the 19 32 delinquent registration fees shall become a debt due the state 19 33 of Iowa. After a dishonored check has been received from an 19 34 applicant, payments submitted by the applicant during the 19 35 following year must be made with guaranteed funds. 20 1 Sec. 37. Section 326.11, unnumbered paragraph 1, Code 20 2 2001, is amended to read as follows: 20 3 Vehicles acquired by a fleet owner after the commencement 20 4 of the registration year and subsequently added to the fleet 20 5 shall be prorated by applying the mileage percentage used in 20 6 the original application for such fleet for such registration 20 7 period to registration fees due under chapter 321but in no20 8case less than that required by section 326.10.A20 9supplemental reportAn application for registration shall be 20 10 filed with the departmentnot later than ten days after such20 11addition to the fleetpursuant to the provisions of chapter 20 12 321. 20 13 Sec. 38. Section 326.12, Code 2001, is amended to read as 20 14 follows: 20 15 326.12 VEHICLES DELETED REGISTRATION TRANSFERRED. 20 16 Fleet owners who delete commercial vehicles displaying Iowa 20 17 base plates from the fleet after the commencement of the 20 18 registration year shall be allowed to transfer registration 20 19 credit to a replacement vehicle in accordance withthe20 20provisions ofthis section. Iowa shall allow credit for non- 20 21 Iowa based deleted vehicles only if the state designated by 20 22 the fleet owner as the base state of the deleted vehicle 20 23 permits transfer of registration credit to the replacement 20 24 vehicle.The fleet owner shall notify the department not20 25later than ten days after such deletion and replacement.20 26 Allowance of credit for deleted vehicles shall be subject to 20 27 the following conditions: 20 28 1.No additional registration fee shall be assessed on a20 29replacement vehicle upon which the registration fee would have20 30been the same as that for the deleted vehicle.The fee for 20 31 reissuance or registration credentials or for transfer of 20 32 credentials shall be seven dollars. 20 33 2. No deletion shall be made nor credit allowed toward 20 34 registration of a replacement vehicle unless the vehicle to be 20 35 removed from service has been sold, junked, repossessed, 21 1 foreclosed by mechanic's lien, title transferred by operation 21 2 of law, or cancellation or expiration of a lease arrangement. 21 3 The deleted vehicle shall have been disposed of on or before 21 4 the date the replacement vehicle was acquired or in the 21 5 possession of the applicant. 21 6 3. If a leased vehicle is to be deleted from the fleet and 21 7 unexpired registration fees applied to the replacement 21 8 vehicle, the lessee shallcertify to the department that21 9 refund any unexpired registration fees paid by the lessor to 21 10 the lesseehave been refunded to the lessor prior to the date21 11of the supplemental application requesting credit for21 12registration fees paid on the deleted vehicleon the 21 13 transferred vehicle. 21 14 4. Credit shall be given for unexpired months. 21 15 5. The registration of the vehicle being added to the 21 16 fleet is not delinquent under chapter 321. 21 17 Sec. 39. Section 326.14, Code 2001, is amended to read as 21 18 follows: 21 19 326.14 PLATES AND RECEIPTS REGISTRATION PERIOD AND 21 20 RENEWAL PENALTY. 21 21 1. The department shall issue a single registrationplates21 22 plate andreceiptsregistration receipt for each vehicle 21 23 pursuant to apportionment agreements orarrangements21 24 provisions authorized under this chapter. The registration 21 25 period for a vehicle registered pursuant to this chapter is 21 26 from January 1 through December 31 of each year. 21 27 2. An application for renewal of registration shall be 21 28 postmarked or received in the office of motor carrier services 21 29 of the department no later than January 31. A five percent 21 30 late filing penalty shall be assessed to an application for 21 31 renewal postmarked or received on or after February 1, with an 21 32 additional five percent penalty assessed the first of each 21 33 month thereafter until the application is filed. The 21 34 enforcement deadline for failure to display a registration 21 35 plate and registration is March 15 at 12:01 a.m. 22 1 Sec. 40. Section 326.15, subsection 2, Code 2001, is 22 2 amended to read as follows: 22 3 2. If the motor vehicle is removed from the apportioned 22 4 fleet, the owner in whose name the motor vehicle was 22 5 registered shall return theplatesregistration plate and 22 6 registration receipt to the department and make a claim for 22 7 refund. A refund shall not be allowed without documentation 22 8 of the subsequent registration of the motor vehicle. 22 9 Sec. 41. Section 326.15, subsection 4, Code 2001, is 22 10 amended by striking the subsection. 22 11 Sec. 42. Section 326.15, subsection 5, Code 2001, is 22 12 amended to read as follows: 22 135.4. If as a result of an audit the motor vehicle 22 14 registration fees are found to have been paid in error,a22 15claim for refund shall be filed with satisfactory evidence of22 16the errorthe applicant shall be entitled to a refund. 22 17 Sec. 43. Section 326.15, unnumbered paragraph 4, Code 22 18 2001, is amended to read as follows: 22 19 Refunds of proportional registration fees shall be paid on 22 20 the basis of unexpired complete calendar months remaining from 22 21 the date the claimis filed withfor refund, the registration 22 22 plate, and the registration receipt are postmarked or received 22 23 by the department. Refunds for trailers and semitrailers 22 24 issued a multiyear registration plate shall be paid on the 22 25 basis of unexpired complete registration years remaining from 22 26 the date the claim is filed. 22 27 Sec. 44. Section 326.16, Code 2001, is amended to read as 22 28 follows: 22 29 326.16 DELINQUENT FEES. 22 30 1. If the fees forsuchproportional registration are not 22 31 paid to each contracting jurisdiction entitled thereto on the 22 32 basis of the proportional registration application and 22 33 supporting documents filed with the department by the fleet 22 34 owner within a reasonable amount of time as determined by the 22 35 department, the department shallredetermine fees due this23 1statecalculate late payment penalties. The fleet owner shall 23 2 be notified by regular mail that fees and penalties are due 23 3 and must be paid within thirty days of the invoice date. If 23 4any additionalfeesdue this state are not paid byand 23 5 penalties are not received, the fleet ownerwithin twenty days23 6after the mailing to the owner of a noticeshall be notified 23 7 by certified mailof the additional fees due, suchthat the 23 8 owner's registrationin this state shall be canceledhas been 23 9 suspended. 23 10 2. A five percent late payment penalty shall be assessed 23 11 if an invoice is not paid within thirty days of the invoice 23 12 date or within thirty days of January 31 of the registration 23 13 year, whichever is later, with an additional five percent 23 14 penalty assessed the first of each month thereafter until all 23 15 fees and penalties are paid. In addition, the fees due for 23 16 registration in this state shall be a debt due to the state of 23 17 Iowa. 23 18 Sec. 45. Section 326.19, Code 2001, is amended to read as 23 19 follows: 23 20 326.19 RECORDS PRESERVED. 23 21Any owner complying with and granted proportional23 22registration privileges shall preserve the records upon which23 23applications are made for a period of four full years23 24following the year for which the application was made.A 23 25 registrant whose application for apportioned registration has 23 26 been accepted shall preserve the records upon which the 23 27 registration is based for a period of three years after the 23 28 close of the registration year. Upon request of the 23 29 department, all fleet owners shall make all such records 23 30 available to the departmentat the office of the directorfor 23 31 audit as to accuracy of computation and payment.If the owner23 32does not produce such records when so requested, the owner23 33shall pay the costs of an audit by a duly appointed23 34representative of the department at the home office of the23 35owner.An audit shall be conducted at the office of the 24 1 registrant during normal business hours. However, if 24 2 circumstances dictate, the registrant may be required to 24 3 present the records at the office of motor carrier services of 24 4 the department. If the registrant's operational records are 24 5 not located in the base state and it is necessary for the base 24 6 state to send auditors to the location where the records are 24 7 normally kept, the base state may require the registrant to 24 8 reimburse the per diem and travel expenses incurred by the 24 9 auditors in performing the audit. The department may enter 24 10 into agreements with authorized agencies or other contracting 24 11statesjurisdictions for joint audits of anysuch owner24 12 registrant. 24 13 Sec. 46. Section 326.22, Code Supplement 2001, is amended 24 14 to read as follows: 24 15 326.22 OPERATIONAL LAWS OF IOWA APPLICABLE. 24 16 A nonresident registered vehicle is subject to all laws and 24 17 rules governing the operation of such vehicle on the highways 24 18 of this state. The registrationnumberplates, stickers, or 24 19 other identification assigned and furnished to any vehicle for 24 20 the current registration year by the state in which the 24 21 vehicle is registered shall be displayed on the vehicle 24 22 substantially as provided in chapter 321 for vehicles 24 23 registered pursuant to the provisions of this chapter. In 24 24 addition, a fee set by the department to cover actual cost 24 25 shall be charged for each plate, sticker, or other 24 26 identification furnished for each vehicle registered in 24 27 accordance with the provisions of this section or extended 24 28 reciprocity in accordance with the provisions of this section. 24 29 A charge shall not be made for the initial registration 24 30 receiptor cab cardissued for each vehicle registered 24 31 pursuant to an apportionment registration agreement. A fee 24 32 set by the department to cover actual costs shall be charged 24 33 for issuance of duplicate plates, stickers,orother required 24 34 identificationrequired,duplicateor registration receipts,24 35and duplicate cab cards. 25 1 Sec. 47. Section 326.23, subsection 2, Code Supplement 25 2 2001, is amended to read as follows: 25 3 2. The department may enter into agreements with owners 25 4 and operators of truck stops to permit the owners and 25 5 operators of truck stops to issue trip permits subject to any 25 6 conditions imposed by the department. In addition to the trip 25 7 permit fee, the owner or operator of a truck stop may charge 25 8 an issuance feeof not more than one dollarwhich shall be 25 9 disclosed to the purchaser. For the purposes of this section, 25 10 "truck stop" means any place of business which sells fuel 25 11 normally used by trucks and which is open twenty-four hours 25 12 per day. 25 13 Sec. 48. Section 326.31, Code 2001, is amended to read as 25 14 follows: 25 15 326.31 FILING INCORRECT INFORMATION EFFECT. 25 16WheneverIf the director has reason to believe that a fleet 25 17 owner has filed incorrect information with the departmentor25 18the department of revenue and finance, for the purpose of 25 19 reducing the fleet owner's obligation for registration fees or 25 20 fuel taxes, the director maycancelrevoke the apportioned 25 21 registration privileges on all of the vehicles owned bysuch25 22 the person.AnyA person who has such privilegescanceled25 23 revoked shall besubject to the payment of the full annual25 24registration fee for all vehicles operated on the highways of25 25this staterequired to register all of the vehicles owned by 25 26 the person with the appropriate county treasurer for a period 25 27 ofat leastno less than one year and no more than five years 25 28 thereafter. Thedirector of revenue and finance shall co-25 29operate with thedepartment may use all reports pertaining to 25 30 the registration fees and motor fuel taxes in ascertaining the 25 31 accuracy ofallreports filed pertaining to registration fees 25 32 and motor fuel taxes. 25 33AnyA person whose privileges arecanceledrevoked may 25 34 request an administrative hearing of said actionbefore the25 35department of inspections and appealsin accordance with 26 1 chapter 17A, and during the period pending the hearing the 26 2 apportioned registration privileges shall be reinstated if the 26 3 fleet owner posts security with the departmentof26 4transportationin an amount sufficient to paysuchthe full 26 5 annual fees if an adverse decision is rendered at the hearing. 26 6 At such hearing the fleet owner shall have the burden of proof 26 7 as to the accuracy of any report filed by the fleet owner with 26 8 the departmentof transportation or the department of revenue26 9and finance. Judicial review of any decision reached at the 26 10 administrative hearing may be sought in accordance with the 26 11 terms of the Iowa administrative procedure Act. 26 12 Sec. 49. Section 805.8A, Code Supplement 2001, is amended 26 13 by adding the following new subsection: 26 14 NEW SUBSECTION. 9A. ELECTRIC PERSONAL ASSISTIVE MOBILITY 26 15 DEVICE VIOLATIONS. For violations under section 321.235A, the 26 16 scheduled fine is fifteen dollars. 26 17 Sec. 50. Sections 326.10 and 326.45, Code 2001, are 26 18 repealed. 26 19 EXPLANATION 26 20 This bill makes several Code changes relating to highways 26 21 and motor vehicles, including changes in the quadrennial need 26 22 study of public roads in the state and in motor vehicle 26 23 registration provisions. 26 24 Division I of the bill relates to highways. The bill 26 25 amends a provision in Code section 6B.2A that exempts certain 26 26 condemnations of property by the state department of 26 27 transportation from the requirement that the department 26 28 provide early notice to owners of agricultural land that may 26 29 be the subject of condemnation. The bill exempts the 26 30 department and counties from the early notice requirement in 26 31 cases when the condemnation is for right-of-way that is 26 32 contiguous to an existing road right-of-way and necessary for 26 33 the upgrade of the existing road. "Upgrade" is defined by the 26 34 bill to mean to bring a road or bridge up to currently 26 35 acceptable standards. The bill also provides that the 27 1 director of transportation shall approve such condemnations. 27 2 Currently, such exemption exists for the department for 27 3 condemnation for right-of-way that is contiguous to an 27 4 existing road right-of-way and necessary for the maintenance, 27 5 safety improvement, or repair of the existing road. The bill 27 6 also establishes a new rate for the calculation of interest 27 7 that is based upon the treasury constant maturity index 27 8 published by the federal reserve. 27 9 The bill amends provisions in Code chapters 307 and 307A 27 10 relating to the duties of the state department of 27 11 transportation and the state transportation commission by 27 12 transferring certain duties relating to the assessment of road 27 13 needs in the state from the commission to the department. The 27 14 bill transfers the duties requiring a study of state park and 27 15 institutional roads and requiring the annual recalculation of 27 16 the construction and maintenance needs of county roads to the 27 17 department. The bill also modifies the duty of the commission 27 18 to conduct a comprehensive quadrennial need study of all roads 27 19 and streets in the state to require the department to prepare, 27 20 adopt, and publish the results of a study of secondary roads, 27 21 and to report the results of the study to the general assembly 27 22 by July 1, 2002, with the study results taking effect July 1, 27 23 2003. The study is to be referred to as the "quadrennial need 27 24 study". The results of the study, as modified by any annual 27 25 updates, are used to determine a portion of the monthly 27 26 apportionment of secondary road and farm-to-market moneys to 27 27 counties. The bill also makes corresponding amendments to 27 28 Code provisions cross-referencing the duties. 27 29 The bill amends Code section 309.57 to provide that a 27 30 petition for reclassification of a road with an area service 27 31 "C" classification may be signed by one or more adjoining 27 32 landowners rather than all adjoining landowners. 27 33 The bill creates new Code section 312.3B providing for an 27 34 Iowa county engineers association service bureau support fund. 27 35 The bill authorizes the department to annually set aside a 28 1 portion of the moneys in the secondary road fund for 28 2 supporting the Iowa county engineers association service 28 3 bureau. The bureau is required to report to the governor, 28 4 state transportation commission, county engineers, chief clerk 28 5 of the house of representatives, and secretary of the senate 28 6 regarding the activities accomplished with funds received from 28 7 the secondary road fund. 28 8 The bill also creates new Code section 312.3C establishing 28 9 a secondary road fund distribution advisory committee. The 28 10 committee is to be comprised of representatives appointed by 28 11 the president of the Iowa county engineers association, the 28 12 president of the Iowa county supervisors association, and the 28 13 department, and is to consider methodologies for distribution 28 14 of moneys in the secondary road fund and the farm-to-market 28 15 road fund and to make recommendations to the general assembly. 28 16 The provisions of the bill relating to assessment of road 28 17 needs in the state, the Iowa county engineers association 28 18 service bureau support fund, and the secondary road fund 28 19 distribution advisory committee are effective upon enactment. 28 20 The bill amends Code section 314.8 to require the agency in 28 21 control of a highway to pay the costs of restoring the 28 22 original position of a government or other established corner 28 23 or land monument if the engineer in charge of the project that 28 24 caused the corner or monument to be disturbed or covered up 28 25 failed to establish permanent witness corners or monuments and 28 26 reestablish the corner or monument. The bill also eliminates 28 27 a provision subjecting the engineer to a fine of not less than 28 28 $10 nor more than $50 for not establishing permanent corners 28 29 or monuments. 28 30 Division II of the bill relates to motor vehicles. The 28 31 bill provides for the operation of motorized bicycles 28 32 (commonly referred to as mopeds) at a maximum of 30 rather 28 33 than 25 miles per hour. 28 34 The bill also amends Code sections 321.57 and 321.58 to 28 35 correct language that was amended by 2001 Iowa Acts, chapter 29 1 153, section 18. That provision changed terminology in Code 29 2 sections 321.57 and 321.58 from "mobile home dealer" or 29 3 "dealer" to "manufactured home retailer". The bill changes 29 4 some of these references back to "dealer", as defined in Code 29 5 chapter 321, to allow dealers other than manufactured home 29 6 retailers to operate under special plates. 29 7 The bill amends Code section 321.69, relating to damage 29 8 disclosure statements, to require a damage disclosure 29 9 statement for a motor vehicle that is separate from the title 29 10 to the vehicle to state whether the title indicates damage 29 11 prior to the transferor's ownership of the vehicle and whether 29 12 the vehicle was titled as a salvage vehicle during the 29 13 transferor's ownership of the vehicle. 29 14 The bill amends Code section 321.182 to require a driver's 29 15 license or nonoperator's identification card applicant, who is 29 16 not a foreign national applying for a nonresident commercial 29 17 driver's license, to certify that the applicant is a resident 29 18 of Iowa. Code section 321.182 is also amended to exempt 29 19 foreign nationals temporarily present in the United States 29 20 from being required to include the person's social security 29 21 number on an application for a driver's license or 29 22 nonoperator's identification card. 29 23 The bill amends Code sections 321.190 and 321.196 to modify 29 24 the time periods for which driver's licenses and nonoperator's 29 25 identification cards are valid. The bill provides that 29 26 driver's licenses and nonoperator's identification cards are 29 27 valid for five years, except that licenses and cards issued to 29 28 foreign nationals temporarily present in the United States 29 29 shall only be issued for the length of time the foreign 29 30 national is authorized to be present, not to exceed two years. 29 31 In addition, the bill provides that a nonoperator's 29 32 identification card shall be issued without expiration to a 29 33 person 70 years of age or over. 29 34 The bill also amends Code section 321.191 to modify the 29 35 fees for driver's licenses. The fee for a driver's license 30 1 shall be based on the number of years the license is valid 30 2 $4 per year of license validity for a noncommercial driver's 30 3 license, $8 per year for a chauffeur's license, and $8 per 30 4 year for a commercial driver's license. 30 5 Code section 321.208 is amended to provide that a person is 30 6 disqualified from operating a commercial motor vehicle for 30 7 failure to obey the signal of a train, as required under Code 30 8 section 321.341. The change is made to reflect federal 30 9 regulations that require an operator of a commercial vehicle 30 10 to be disqualified for railroad-grade crossing violations. 30 11 The bill provides for the operation of electric personal 30 12 assistive mobility devices on sidewalks and bikeways. The 30 13 bill defines an electric personal assistive mobility device as 30 14 a self-balancing device powered by an electric propulsion 30 15 system that averages 750 watts, has two nontandem wheels, and 30 16 is designed to transport one person, with a maximum speed on a 30 17 paved level surface of less than 20 miles per hour. 30 18 The bill provides that operation of an electric personal 30 19 assistive mobility device does not require licensure or 30 20 registration of the device, possession of a driver's license 30 21 or permit by the operator of the device, or proof of financial 30 22 responsibility. 30 23 The bill requires a person operating an electric personal 30 24 assistive mobility device on a sidewalk or a bikeway to yield 30 25 the right-of-way to pedestrians and human-powered devices and 30 26 give an audible signal before overtaking and passing a 30 27 pedestrian or human-powered device. The bill also prohibits a 30 28 person from operating a personal assistive mobility device at 30 29 night or during inclement weather unless the person or the 30 30 electric personal assistive mobility device is equipped with a 30 31 headlight visible from the front of the electric personal 30 32 assistive mobility device and at least one red reflector 30 33 visible from the rear of the electric personal assistive 30 34 mobility device. 30 35 The bill provides that a violation of the bill's provisions 31 1 is a scheduled violation punishable by a fine of $15. 31 2 The bill also provides that local authorities may regulate 31 3 or prohibit the operation of electric personal assistive 31 4 mobility devices. 31 5 The bill amends Code section 321.266 to eliminate the 31 6 requirement that the driver of a vehicle involved in an 31 7 accident resulting in personal injury or death, or $1,000 or 31 8 more of property damage, complete a written motor vehicle 31 9 accident report if the accident is investigated by law 31 10 enforcement. 31 11 Code section 321.463 is amended to provide that the maximum 31 12 gross weight allowed to be carried on a noninterestate highway 31 13 by a livestock vehicle with five axles, a minimum distance in 31 14 feet between the centers of the extreme axles of any group of 31 15 axles of 61 feet, and a minimum width between the two rear 31 16 axles of eight feet one inch is 86,000 pounds. 31 17 The bill amends Code section 321A.17 to provide that a 31 18 person whose driver's license has been suspended or revoked 31 19 for certain serious traffic offenses is not required to file 31 20 proof of financial responsibility with the state department of 31 21 transportation if the person provides evidence satisfactory to 31 22 the department that the person resides in another state. The 31 23 bill also provides that the person may not apply for an Iowa 31 24 driver's license for two years from the effective date of the 31 25 person's last suspension or revocation unless proof of 31 26 financial responsibility is filed with the department. 31 27 Code section 321E.8 is amended to revise the requirements 31 28 for annual permits for oversize vehicles with indivisible 31 29 loads and oversize mobile homes. The bill increases the 31 30 allowed length for such vehicles that are self-routed from 75 31 31 feet to 120 feet. The bill increases the ability of a motor 31 32 carrier to self-route on interstates and multilaned primary 31 33 highways beyond 50 miles from the point of origin if the 31 34 vehicle is not more than 12 feet 5 inches wide, 13 feet 10 31 35 inches high, 120 feet long, and 80,000 pounds. The bill 32 1 increases the weight that is allowed for a vehicle operating 32 2 under an "annual with weight" permit from 136,000 to 156,000 32 3 pounds. The bill also allows a vehicle with load operating 32 4 under an "annual with weight" permit to operate under the 32 5 conditions of a regular annual permit when the vehicle meets 32 6 the size and weight limitations of the regular annual permit. 32 7 The bill amends Code section 322.5 to prohibit a 32 8 nonresident motor vehicle manufacturer, distributor, or dealer 32 9 from being issued a temporary permit for the display and 32 10 offering for sale of certain vehicles at certain fairs, shows, 32 11 and exhibitions if the state in which the manufacturer, 32 12 distributor, or dealer is licensed extends similar privileges 32 13 to Iowa licensees. 32 14 The bill also amends Code section 322A.12 to provide that 32 15 the sale or transfer of a motor vehicle franchisee's 32 16 dealership or the change in the executive management of a 32 17 franchisee's dealership shall not make applicable any right of 32 18 first refusal of the motor vehicle franchiser, notwithstanding 32 19 the terms, provisions, or conditions of an agreement or 32 20 franchise. 32 21 The bill makes several changes in the motor vehicle 32 22 registration reciprocity provisions in Code chapter 326. The 32 23 bill amends Code section 326.10A by adding a procedure for 32 24 handling dishonored checks issued for payment of fees required 32 25 under the chapter. The procedure includes the accumulation of 32 26 fees and penalties, warning by the state department of 32 27 transportation, suspension of the registration account, and 32 28 pursuit of collection. The delinquent registration fees shall 32 29 be a debt due the state and subsequent payments made by the 32 30 applicant who issued the dishonored check must be made with 32 31 guaranteed funds. The bill eliminates a provision requiring 32 32 the department to hold plates and registrations until a check 32 33 for payment of fees has cleared the bank. 32 34 The bill makes several changes in provisions governing the 32 35 addition to and deletion of motor vehicles from a fleet of 33 1 motor vehicles proportionally registered in the state. The 33 2 bill repeals Code section 326.10, eliminating the provision 33 3 for a minimum registration fee. The bill amends Code section 33 4 326.11 to provide that a fleet owner shall file an application 33 5 for registration for a vehicle added to a fleet according to 33 6 the registration provisions of Code chapter 321 rather than 33 7 filing a supplemental report to the original application for 33 8 registration of the fleet within 10 days after the addition. 33 9 Code section 326.12 is amended to eliminate the requirement 33 10 that a fleet owner notify the state department of 33 11 transportation within 10 days after the fleet owner deletes 33 12 and replaces a vehicle in the fleet. The bill modifies some 33 13 of the conditions for allowing credit for deleted vehicles. 33 14 The bill eliminates the condition providing that no additional 33 15 registration fee be assessed on a replacement vehicle upon 33 16 which the registration fee would have been the same as that 33 17 for the deleted vehicle. The bill requires a lessee to refund 33 18 unexpired registration fees paid by the lessor to the lessee 33 19 on the transferred vehicle instead of requiring the lessee to 33 20 certify to the department that such fees have been refunded to 33 21 the lessor prior to the date of the supplemental application 33 22 requesting credit for registration fees paid on the deleted 33 23 vehicle. The bill adds two other conditions requiring credit 33 24 to be given for unexpired months and requiring that the 33 25 registration of the vehicle being added to the fleet not be 33 26 delinquent under Code chapter 321. 33 27 The bill amends Code section 326.14 to provide that a 33 28 single registration plate and registration receipt is to be 33 29 issued for each vehicle registered under the registration 33 30 reciprocity chapter. The bill specifies that the registration 33 31 period for such vehicles is January 1 through December 31. 33 32 The bill requires an application for renewal of registration 33 33 to be postmarked or received by the department no later than 33 34 January 31. A 5 percent late filing penalty shall be assessed 33 35 for each month the renewal application is late, beginning 34 1 February 1. The enforcement deadline for failure to display a 34 2 registration plate and registration is March 15. 34 3 Code section 326.15 is amended to revise the procedures for 34 4 paying refunds of proportional registration fees. The bill 34 5 eliminates an outdated formula for refunding certain 34 6 registration fees paid when the composite percentage 34 7 apportioned by an owner on a fleet of vehicles based in Iowa 34 8 to each of the jurisdictions with which Iowa has an 34 9 apportionment agreement is in excess of 100 percent. The bill 34 10 also provides that a refund of proportional registration fees 34 11 shall be paid on the basis of unexpired complete months 34 12 remaining from the date the claim for refund, the registration 34 13 plate, and the registration receipt are postmarked or received 34 14 by the department. Currently, such refunds are paid from the 34 15 date the claim for refund is filed. 34 16 The bill amends Code section 326.16 to revise the 34 17 procedures for collection of proportional registration fees 34 18 and calculation of late payment penalties. The bill provides 34 19 that a fleet owner shall be notified by regular mail rather 34 20 than certified mail that fees and penalties are due and must 34 21 be paid within 30 days of the invoice date. The bill also 34 22 provides that a fleet owner shall be notified by certified 34 23 mail that the owner's registration has been suspended if the 34 24 owner has not paid any fees and penalties due. A 5 percent 34 25 late payment penalty is to be assessed if an invoice is not 34 26 paid by 30 days following the invoice date or January 31, 34 27 whichever is later, with an additional 5 percent penalty 34 28 assessed each month thereafter until all fees and penalties 34 29 are paid. 34 30 Code section 326.19 is amended to require a registrant 34 31 whose application for apportioned registration has been 34 32 accepted to preserve the records upon which the registration 34 33 is based for a period of three years after the close of the 34 34 registration year rather than for a period of four full years 34 35 following the year for which the application was made. The 35 1 bill modifies the procedures for auditing such records by 35 2 providing that an audit is to be conducted at the registrant's 35 3 office unless circumstances dictate that the registrant be 35 4 required to bring the records to the department's office of 35 5 motor carrier services. The bill also provides that if the 35 6 registrant's operational records are located in another state 35 7 and it is necessary for Iowa to send auditors to the other 35 8 state, Iowa may require the registrant to reimburse the 35 9 auditors' expenses. Currently, all fleet owners, upon request 35 10 of the department, are required to make all records available 35 11 to the department at the office of the director of 35 12 transportation and if an owner fails to produce such records 35 13 the owner must pay the costs of an audit at the home office of 35 14 the owner. 35 15 The bill also makes technical corrections to Code sections 35 16 321.127, 321.191, 321E.14, and 326.22. 35 17 The bill amends Code section 326.23 to eliminate the 35 18 maximum issuance fee charged by a truck stop issuing trip 35 19 permits for commercial vehicles, but requires truck stops to 35 20 disclose the issuance fee for such permits to the purchasers 35 21 of the permits. 35 22 Code section 326.31 is amended to provide that the director 35 23 of transportation may revoke rather than cancel the 35 24 apportioned registration privileges on all of the vehicles 35 25 owned by a fleet owner who has filed incorrect information 35 26 with the department for the purpose of reducing the fleet 35 27 owner's obligation for registration fees or fuel taxes. The 35 28 bill provides that a person who has such privileges revoked 35 29 shall be required to register all vehicles owned by the person 35 30 with the county treasurer for at least one year and no more 35 31 than five years thereafter rather than be subject to the full 35 32 annual registration fee for all vehicles operated on the 35 33 highways of this state. The bill provides that a person whose 35 34 privileges are revoked may request an administrative hearing 35 35 in accordance with Code chapter 17A rather than before the 36 1 department of inspections and appeals. The bill also 36 2 eliminates all references to any responsibilities of the 36 3 department, and the director, of revenue and finance in Code 36 4 section 326.31. 36 5 Code section 326.45 is also repealed. Currently, Code 36 6 section 326.45 provides that the state department of 36 7 transportation shall, upon receiving application for and 36 8 payment of the registration fee and notification of title, 36 9 issue registration identification to the applicant carrier and 36 10 send the certificate of title to the vehicle owner or 36 11 lienholder. Code section 326.45 also directs the department 36 12 to adopt rules pursuant to Code chapter 17A to process 36 13 registration of vehicles titled in other states. 36 14 LSB 6723SC 79 36 15 nh/cf/24
Text: SSB03121 Text: SSB03123 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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