Text: SSB03121                          Text: SSB03123
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3122

Bill Text

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  9 or repair, 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 the coupon issue yield
  1 27 equivalent, as determined by the United States secretary of
  1 28 the treasury, of the average accepted auction price for the
  1 29 last auction of fifty-two-week United States treasury bills
  1 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 a
  3 18 study of the road and bridge facilities in state parks, state
  3 19 institutions, state fairgrounds, and on community college
  3 20 property.  The study shall evaluate the construction and
  3 21 maintenance needs and projected needs based upon estimated
  3 22 growth for each type of facility to provide a quadrennially
  3 23 updated standard upon which to allocate funds appropriated for
  3 24 the 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 section 307A.2, subsection 14A
  3 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 section 307A.2, subsection
  5 14 14A 307.22, 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.  Whenever If it may become is necessary in grading the
  5 19 highways a highway to make a cut which that will disturb, or
  5 20 fill which that will cover up, a government or other
  5 21 established corner or land monument, it shall be the duty of
  5 22 the engineer to in charge of the project shall establish
  5 23 permanent witness corners or monuments, and make a record of
  5 24 the same, which shall that show the distance and direction the
  5 25 witness corner is from the corner disturbed or covered up.
  5 26 When said the construction work is completed the engineer
  5 27 shall permanently re-establish said reestablish the corner or
  5 28 monument.  A failure to perform said duties shall subject the
  5 29 engineer to a fine of not less than ten dollars nor more than
  5 30 fifty 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 of twenty-five thirty 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.  A manufactured home retailer dealer 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 11 manufactured home retailer dealer, the service customer of the
  7 12 manufactured home retailer dealer may operate upon the
  7 13 highways a motor vehicle owned by the manufactured home
  7 14 retailer dealer, except a motor truck or truck tractor, upon
  7 15 which there is displayed a special plate issued to the
  7 16 manufactured home retailer dealer, 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 or manufactured
  7 21 home retailer dealer.
  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    All manufactured home retailers dealers, 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, or manufactured
  8  3 home retailer dealer, 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.  Refunds and credits for motor vehicles registered for
  8 21 proportional registration under chapter 326 shall be paid or
  8 22 credited on the basis of unexpired complete calendar months
  8 23 remaining in the registration year from the date the claim or
  8 24 application is filed with for 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  1 four five 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.  No An
 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 years
 10 20 is eight four dollars per year of license validity.
 10 21    3.  LICENSES FOR CHAUFFEURS.  The fee for a noncommercial
 10 22 class D driver's license valid for two years is sixteen eight
 10 23 dollars per year of license validity.
 10 24    4.  COMMERCIAL DRIVER'S LICENSES.  An additional The fee of
 10 25 eight dollars is required to issue for a commercial driver's
 10 26 license, other than an instruction permit, valid for two years
 10 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 the length of the
 11  6 time period of the license regardless of whether the license
 11  7 is issued for two or four years.  Upon renewal of a commercial
 11  8 driver's license there is no 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 four
 11 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 10 Applicants whose licenses are restricted due to vision or
 12 11 other physical deficiencies may be required to renew their
 12 12 licenses 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.  Any A 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 renewal for of 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 shall also, 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 overall
 15 24 width not to exceed twelve feet five inches or mobile homes
 15 25 including appurtenances, having an overall width not to exceed
 15 26 twelve sixteen feet five zero inches, and an overall length
 15 27 not to exceed seventy-five one 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 moved for unlimited distances.  The vehicle and
 15 31 load shall not exceed the height of thirteen feet ten inches
 15 32 and 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 overall
 16 23 width not to exceed thirteen feet five inches or 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 hundred thirty-six fifty-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  8    3.  Vehicles with indivisible loads, including mobile homes
 17  9 and factory-built structures, having an overall width not to
 17 10 exceed sixteen feet zero inches and an overall length not to
 17 11 exceed one hundred twenty feet zero inches may be moved under
 17 12 an annual or all-systems permit and must have a route
 17 13 specified by the issuing authority prior to the movement.
 17 14 However, vehicles with indivisible loads, including mobile
 17 15 homes and factory-built structures, with an overall width not
 17 16 exceeding fourteen feet six inches may exceed fifty miles
 17 17 under an annual and all-systems permit when prior approval for
 17 18 trip routing is obtained from the issuing authority.  A
 17 19 vehicle and load being moved according to this paragraph shall
 17 20 not exceed fifteen feet five inches in height and shall not
 17 21 exceed the total gross weight as prescribed in section
 17 22 321.463.
 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 1 or 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  2 any an agreement or franchise, subject to the provisions of
 19  3 subsection 2 of section 322A.11, subsection 2, in the event of
 19  4 the sale or transfer of ownership of the a 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 of the a franchisee's dealership, the franchiser
 19  8 shall give effect to such a the 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 11 said that 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 24 the department shall not issue plates, stickers or other
 19 25 identification of vehicles subject to proportional
 19 26 registration until sufficient time has elapsed to ensure that
 19 27 payment of the check has cleared the bank upon which it is
 19 28 drawn.  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 321 but in no
 20  8 case less than that required by section 326.10.  A
 20  9 supplemental report An application for registration shall be
 20 10 filed with the department not later than ten days after such
 20 11 addition to the fleet pursuant 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 with the
 20 20 provisions of this 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 not
 20 25 later 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 a
 20 29 replacement vehicle upon which the registration fee would have
 20 30 been 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 shall certify to the department that
 21  9 refund any unexpired registration fees paid by the lessor to
 21 10 the lessee have been refunded to the lessor prior to the date
 21 11 of the supplemental application requesting credit for
 21 12 registration fees paid on the deleted vehicle on 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 registration plates
 21 22 plate and receipts registration receipt for each vehicle
 21 23 pursuant to apportionment agreements or arrangements
 21 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 the plates registration 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 13    5. 4.  If as a result of an audit the motor vehicle
 22 14 registration fees are found to have been paid in error, a
 22 15 claim for refund shall be filed with satisfactory evidence of
 22 16 the error the 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 claim is filed with for 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 for such proportional 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 shall redetermine fees due this
 23  1 state calculate 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  4 any additional fees due this state are not paid by and
 23  5 penalties are not received, the fleet owner within twenty days
 23  6 after the mailing to the owner of a notice shall be notified
 23  7 by certified mail of the additional fees due, such that the
 23  8 owner's registration in this state shall be canceled has 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 21    Any owner complying with and granted proportional
 23 22 registration privileges shall preserve the records upon which
 23 23 applications are made for a period of four full years
 23 24 following 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 department at the office of the director for
 23 31 audit as to accuracy of computation and payment.  If the owner
 23 32 does not produce such records when so requested, the owner
 23 33 shall pay the costs of an audit by a duly appointed
 23 34 representative of the department at the home office of the
 23 35 owner.  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 11 states jurisdictions for joint audits of any such owner
 24 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 registration number plates, 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 receipt or cab card issued 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, or other required
 24 34 identification required, duplicate or registration receipts,
 24 35 and 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 fee of not more than one dollar which 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 16    Whenever If the director has reason to believe that a fleet
 25 17 owner has filed incorrect information with the department or
 25 18 the 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 may cancel revoke the apportioned
 25 21 registration privileges on all of the vehicles owned by such
 25 22 the person.  Any A person who has such privileges canceled
 25 23 revoked shall be subject to the payment of the full annual
 25 24 registration fee for all vehicles operated on the highways of
 25 25 this state required to register all of the vehicles owned by
 25 26 the person with the appropriate county treasurer for a period
 25 27 of at least no less than one year and no more than five years
 25 28 thereafter.  The director of revenue and finance shall co-
 25 29 operate with the department may use all reports pertaining to
 25 30 the registration fees and motor fuel taxes in ascertaining the
 25 31 accuracy of all reports filed pertaining to registration fees
 25 32 and motor fuel taxes.
 25 33    Any A person whose privileges are canceled revoked may
 25 34 request an administrative hearing of said action before the
 25 35 department of inspections and appeals in 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 department of
 26  4 transportation in an amount sufficient to pay such the 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 department of transportation or the department of revenue
 26  9 and 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
     

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