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Senate Study Bill 1003.1

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                            HIGHWAYS
  1  3    Section 1.  Section 306C.1, subsection 5, Code 2003, is
  1  4 amended by striking the subsection.
  1  5    Sec. 2.  Section 306C.2, unnumbered paragraph 1, Code 2003,
  1  6 is amended to read as follows:
  1  7    A person shall not establish, operate, or maintain a
  1  8 junkyard, any portion of which is within one thousand feet of
  1  9 the nearest edge of the right of way of any interstate or
  1 10 primary highway, except:
  1 11    Sec. 3.  Section 306C.3, Code 2003, is amended to read as
  1 12 follows:
  1 13    306C.3  JUNKYARDS LAWFULLY IN EXISTENCE.
  1 14    Any junkyard located outside a zoned or unzoned industrial
  1 15 area lawfully in existence on July 1, 1972, which is within
  1 16 one thousand feet of the nearest edge of the right of way and
  1 17 visible from the main-traveled portion of any highway on the
  1 18 interstate or primary system shall be screened, if feasible,
  1 19 by the department, or by the owner under rules and direction
  1 20 of the department, at locations on the highway right of way or
  1 21 in areas acquired for such purposes outside the right of way
  1 22 in order to obscure the junkyard from the main-traveled way of
  1 23 such highways.
  1 24    Sec. 4.  Section 306C.8, Code 2003, is amended to read as
  1 25 follows:
  1 26    306C.8  AGREEMENTS WITH THE UNITED STATES AUTHORIZED.
  1 27    The department may enter into agreements with the United
  1 28 States secretary of transportation as provided by Title 23,
  1 29 United States Code, relating to control of junkyards in areas
  1 30 adjacent to the interstate and primary systems system, and
  1 31 take action in the name of the state to comply with the terms
  1 32 of such agreements.
  1 33    Sec. 5.  Section 306C.10, subsection 13, Code 2003, is
  1 34 amended by striking the subsection.
  1 35    Sec. 6.  Section 306C.22, Code 2003, is repealed.  
  2  1                           DIVISION II
  2  2                            AVIATION
  2  3    Sec. 7.  Section 330.2, Code 2003, is repealed.
  2  4    Sec. 8.  LOAN REPAYMENTS.  Moneys repaid on loans made from
  2  5 the aviation hangar revolving loan fund shall be credited to
  2  6 the state department of transportation and made available to
  2  7 support general aviation airports.  
  2  8                          DIVISION III
  2  9                         MOTOR VEHICLES
  2 10    Sec. 9.  Section 321.24, subsection 3, Code 2003, is
  2 11 amended to read as follows:
  2 12    3.  The certificate of title shall contain upon its face
  2 13 the identical information required upon the face of the
  2 14 registration receipt.  In addition, the certificate of title
  2 15 shall contain a statement of the owner's title, the title
  2 16 number assigned to the owner or owners of the vehicle, the
  2 17 amount of tax paid pursuant to section 423.7, the name and
  2 18 address of the previous owner, and a statement of all security
  2 19 interests and encumbrances as shown in the application, upon
  2 20 the vehicle described, including the nature of the security
  2 21 interest, date of notation delivery, and name and address of
  2 22 the secured party.
  2 23    Sec. 10.  Section 321.45, subsection 2, paragraph a, Code
  2 24 2003, is amended to read as follows:
  2 25    a.  The perfection of a lien or security interest by
  2 26 notation on the certificate of title as provided in section
  2 27 321.50, or
  2 28    Sec. 11.  Section 321.48, subsection 2, Code 2003, is
  2 29 amended to read as follows:
  2 30    2.  A foreign registered vehicle purchased or otherwise
  2 31 acquired by a dealer for the purpose of resale shall be issued
  2 32 a certificate of title for the vehicle by the county treasurer
  2 33 of the dealer's residence upon proper application as provided
  2 34 in this chapter and upon payment of a fee of five dollars and
  2 35 the dealer is exempt from the payment of any and all
  3  1 registration fees for the vehicle.  The application for
  3  2 certificate of title shall be made within fifteen thirty days
  3  3 after the vehicle comes within the border of the state.
  3  4 However, a dealer acquiring a vehicle registered in another
  3  5 state which permits Iowa dealers to reassign that state's
  3  6 certificates of title shall not be required to obtain a new
  3  7 registration or a new certificate of title and upon
  3  8 transferring title or interest to another person shall execute
  3  9 an assignment upon the certificate of title for the vehicle to
  3 10 the person to whom the transfer is made and deliver the
  3 11 assigned certificate of title to the person.
  3 12    Sec. 12.  Section 321.50, subsections 1, 2, and 3, Code
  3 13 2003, are amended to read as follows:
  3 14    1.  A security interest in a vehicle subject to
  3 15 registration under the laws of this state or a mobile home or
  3 16 manufactured home, except trailers whose empty weight is two
  3 17 thousand pounds or less, and except new or used vehicles held
  3 18 by a dealer or manufacturer as inventory for sale, is
  3 19 perfected by the delivery to the county treasurer of the
  3 20 county where the certificate of title was issued or, in the
  3 21 case of a new certificate, to the county treasurer where the
  3 22 certificate will be issued, of an application for certificate
  3 23 of title which lists the security interest, or an application
  3 24 for notation of security interest signed by the owner, or by
  3 25 one owner of a vehicle owned jointly by more than one person,
  3 26 or a certificate of title from another jurisdiction which
  3 27 shows the security interest, and payment of a fee of five
  3 28 dollars for each security interest shown.  Upon delivery of
  3 29 the application and payment of the fee, the county treasurer
  3 30 shall note the date of delivery on the application.  The date
  3 31 of delivery shall be the date of perfection of the security
  3 32 interest in the vehicle, regardless of the date the security
  3 33 interest is noted on the certificate of title.  Up to three
  3 34 security interests may be perfected against a vehicle and
  3 35 shown on an Iowa certificate of title.  If the owner or
  4  1 secured party is in possession of the certificate of title, it
  4  2 must also be delivered at this time in order to perfect the
  4  3 security interest.  If a vehicle is subject to a security
  4  4 interest when brought into this state, the validity of the
  4  5 security interest and the date of perfection is determined by
  4  6 section 554.9303.  Delivery as provided in this subsection is
  4  7 an indication constitutes perfection of a security interest on
  4  8 a certificate of title for purposes of this chapter and
  4  9 chapter 554.
  4 10    2.  Upon receipt of the application and the required fee,
  4 11 if the certificate of title was not delivered to the county
  4 12 treasurer along with the application, the county treasurer
  4 13 shall notify the holder of the certificate of title to deliver
  4 14 to the county treasurer, within five days from the receipt of
  4 15 notice, the certificate of title to permit notation of the
  4 16 security interest.  If the holder of the certificate of title
  4 17 shall fail fails to deliver it within the said five days, the
  4 18 holder shall be liable to anyone harmed by the holder's
  4 19 failure.
  4 20    3.  Upon receipt of the application, the certificate of
  4 21 title, if any, and the required fee, the county treasurer
  4 22 shall note such the security interest, and the date thereof of
  4 23 perfection of the security interest, on the certificate over
  4 24 the signature of such the officer or deputy and the seal of
  4 25 office.  The county treasurer shall also note such the
  4 26 security interest and the date thereof of perfection of the
  4 27 security interest in the county records system.  Upon receipt
  4 28 of a certificate of title issued by a foreign jurisdiction, on
  4 29 which a security interest has been noted, the county treasurer
  4 30 shall note the security interest and the date the security
  4 31 interest was noted on the foreign certificate of title, if
  4 32 available, or if not, the date of issuance of the foreign
  4 33 certificate of title, on the face of the new certificate of
  4 34 title over the signature of the officer or deputy and the seal
  4 35 of office.  The county treasurer shall also note the security
  5  1 interest and the date that was noted on the certificate of
  5  2 title in the county records system.  The county treasurer
  5  3 shall then mail the certificate of title to the first secured
  5  4 party as shown thereon.
  5  5    Sec. 13.  Section 321.50, subsection 6, Code 2003, is
  5  6 amended by striking the subsection.
  5  7    Sec. 14.  Section 321.191, subsections 2, 3, and 4, Code
  5  8 2003, are amended to read as follows:
  5  9    2.  NONCOMMERCIAL DRIVER'S LICENSES.  The fee for a
  5 10 noncommercial driver's license, other than a class D driver's
  5 11 license or any type of instruction permit, is four dollars per
  5 12 year of license validity, except that for licenses issued
  5 13 during the period beginning July 1, 2003, and ending June 30,
  5 14 2005, the fee is six dollars per year of license validity.
  5 15    3.  LICENSES FOR CHAUFFEURS.  The fee for a noncommercial
  5 16 class D driver's license is eight dollars per year of license
  5 17 validity, except that for licenses issued during the period
  5 18 beginning July 1, 2003, and ending June 30, 2005, the fee is
  5 19 ten dollars per year of license validity.
  5 20    4.  COMMERCIAL DRIVER'S LICENSES.  The fee for a commercial
  5 21 driver's license, other than an instruction permit, for the
  5 22 operation of a commercial motor vehicle is eight dollars per
  5 23 year of license validity, except that for licenses issued
  5 24 during the period beginning July 1, 2003, and ending June 30,
  5 25 2005, the fee is ten dollars per year of license validity.
  5 26    Sec. 15.  Section 321.191, Code 2003, is amended by adding
  5 27 the following new subsection:
  5 28    NEW SUBSECTION.  10.  TEMPORARY FEES APPROPRIATION.  The
  5 29 additional fees collected from the temporary fee increase
  5 30 under subsections 2, 3, and 4 are appropriated to the state
  5 31 department of transportation to be used for costs associated
  5 32 with the rewrite of the driver's license issuance and records
  5 33 system.  Moneys in excess of the amount needed to fund the
  5 34 rewrite of the system shall be deposited in the road use tax
  5 35 fund.
  6  1    Sec. 16.  NEW SECTION.  321.192  WAIVERS OR REFUNDS OF
  6  2 FEES.
  6  3    1.  Notwithstanding the fee requirements for issuance of a
  6  4 driver's license or nonoperator's identification card pursuant
  6  5 to section 321.190 or 321.191, the department may waive or
  6  6 refund fees pursuant to rules adopted by the department.  The
  6  7 department may waive payment of, or refund to an applicant,
  6  8 all or a portion of the fees for renewal of a license or
  6  9 identification card or for a duplicate license or
  6 10 identification card if the department determines that the
  6 11 service standard for timely issuance has not been met or an
  6 12 error on the license or identification card requires the
  6 13 applicant to return to the driver's license station.  The
  6 14 decision of the department not to waive or refund a fee is
  6 15 final agency action and not subject to review under chapter
  6 16 17A.
  6 17    2.  Subsection 1 does not apply to licenses or
  6 18 identification cards issued by a county pursuant to chapter
  6 19 321M.
  6 20    Sec. 17.  Section 321.271, Code 2003, is amended to read as
  6 21 follows:
  6 22    321.271  REPORTS CONFIDENTIAL – WITHOUT PREJUDICE –
  6 23 EXCEPTIONS.
  6 24    1.  All accident reports filed by a driver of a vehicle
  6 25 involved in an accident as required under section 321.266
  6 26 shall be in writing.  The report shall be without prejudice to
  6 27 the individual so reporting and shall be for the confidential
  6 28 use of the department, except that upon the request of any
  6 29 person involved in the accident, the person's insurance
  6 30 company or its agent, or the attorney for such person, the
  6 31 department shall disclose the identity and address of other
  6 32 persons involved in the accident and may disclose the name of
  6 33 the insurance companies with whom the other persons have
  6 34 liability insurance.  The department, upon written request of
  6 35 the person making the report, shall provide the person with a
  7  1 copy of that person's report.  The written report filed with
  7  2 the department shall not be admissible in or used in evidence
  7  3 in any civil or criminal case arising out of the facts on
  7  4 which the report is based.
  7  5    2.  All written reports filed by a law enforcement officer
  7  6 as required under section 321.266 shall be made available to
  7  7 any party to an accident, the party's insurance company or its
  7  8 agent, the party's attorney, the federal motor carrier safety
  7  9 administration, or the attorney general, on written request to
  7 10 the department and the payment of a fee of four dollars for
  7 11 each copy.  If a copy of an investigating officer's report of
  7 12 a motor vehicle accident filed with the department is retained
  7 13 by the law enforcement agency of the officer who filed the
  7 14 report, a copy shall be made available to any party to the
  7 15 accident, the party's insurance company or its agent, the
  7 16 party's attorney, the federal motor carrier safety
  7 17 administration, or the attorney general, on written request
  7 18 and the payment of a fee.  However, the attorney general and
  7 19 the federal motor carrier safety administration shall not be
  7 20 required by the department or the law enforcement agency to
  7 21 pay a fee for a copy of a report filed by a law enforcement or
  7 22 investigating officer.
  7 23    3.  Notwithstanding subsections 1 and 2, the date, time,
  7 24 specific location, and immediate facts and circumstances
  7 25 surrounding a crime or incident shall not be kept confidential
  7 26 under this section, except in those unusual circumstances
  7 27 where disclosure would plainly and seriously jeopardize an
  7 28 investigation or pose a clear and present danger to the safety
  7 29 of an individual.
  7 30    Sec. 18.  Section 321.449, subsection 1, unnumbered
  7 31 paragraph 1, Code 2003, is amended to read as follows:
  7 32    A person shall not operate a commercial vehicle on the
  7 33 highways of this state except in compliance with rules adopted
  7 34 by the department under chapter 17A.  The rules shall be
  7 35 consistent with the federal motor carrier safety regulations
  8  1 promulgated under United States Code, Title 49, and found in
  8  2 49 C.F.R. } pts. 385, 390-399 and adopted under chapter 17A.
  8  3    Sec. 19.  Section 321.449, subsections 4 and 8, Code 2003,
  8  4 are amended to read as follows:
  8  5    4.  Notwithstanding other provisions of this section, rules
  8  6 adopted under this section for drivers of commercial vehicles
  8  7 shall not apply to a driver of a commercial vehicle who is
  8  8 engaged exclusively in intrastate commerce, when the
  8  9 commercial vehicle's gross vehicle weight rating is twenty-six
  8 10 thousand pounds or less, unless the vehicle is used to
  8 11 transport hazardous materials requiring a placard or if the
  8 12 vehicle is designed to transport more than fifteen passengers,
  8 13 including the driver.  For the purpose of complying with the
  8 14 hours of service recordkeeping requirements under 49 C.F.R. }
  8 15 395.1(e)(5), a driver's report of daily beginning and ending
  8 16 on-duty time submitted to the motor carrier at the end of each
  8 17 work week shall be considered acceptable motor carrier time
  8 18 records.  In addition, rules adopted under this section shall
  8 19 not apply to a driver operating intrastate for a farm
  8 20 operation as defined in section 352.2, or for an agricultural
  8 21 interest when the commercial vehicle is operated between the
  8 22 farm as defined in section 352.2 and another farm, between the
  8 23 farm and a market for farm products, or between the farm and
  8 24 an agribusiness location.  A driver or a driver-salesperson
  8 25 for a private carrier, who is not for hire and who is engaged
  8 26 exclusively in intrastate commerce, may drive twelve hours, be
  8 27 on duty sixteen hours in a twenty-four hour period and be on
  8 28 duty seventy hours in seven consecutive days or eighty hours
  8 29 in eight consecutive days.  For-hire drivers who are engaged
  8 30 exclusively in intrastate commerce and who operate trucks and
  8 31 truck-tractors exclusively for the movement of construction
  8 32 materials and equipment to and from construction projects may
  8 33 also drive twelve hours, be on duty sixteen hours in a twenty-
  8 34 four-hour period, and be on duty seventy hours in seven
  8 35 consecutive days or eighty hours in eight consecutive days.  A
  9  1 driver-salesperson means as defined in 49 C.F.R. } 395.2, as
  9  2 adopted by the department by rule.
  9  3    8.  Rules adopted under this section shall not apply to
  9  4 vehicles engaged in intrastate commerce and used in
  9  5 combination, provided the gross vehicle weight rating of the
  9  6 towing unit is ten thousand pounds or less and the gross
  9  7 combination weight rating is twenty-six thousand pounds or
  9  8 less.
  9  9    Sec. 20.  Section 321.450, subsection 4, Code 2003, is
  9 10 amended to read as follows:
  9 11    4.  Notwithstanding other provisions of this section, rules
  9 12 adopted under this section shall not apply to a farmer or
  9 13 employees of a farmer when transporting an agricultural
  9 14 hazardous material, except class 2 material, between the sites
  9 15 in the farmer's agricultural operations unless the material is
  9 16 being transported on the interstate highway system.  As used
  9 17 in this subsection, "farmer" means a person engaged in the
  9 18 production or raising of crops, poultry, or livestock;
  9 19 "farmer" does not include a person who is a commercial
  9 20 applicator of agricultural chemicals or fertilizers.
  9 21    Sec. 21.  Section 321E.7, Code 2003, is amended by adding
  9 22 the following new subsection:
  9 23    NEW SUBSECTION.  1A.  The gross weight on any one axle of
  9 24 any vehicle or combination of vehicles traveling under a
  9 25 permit issued in accordance with this chapter shall not exceed
  9 26 the maximum axle load prescribed in section 321.463; except
  9 27 that any one axle on a vehicle or combination of vehicles
  9 28 transporting construction machinery shall be allowed a one
  9 29 thousand pound weight tolerance, provided the total gross
  9 30 weight of the vehicle or combination of vehicles does not
  9 31 exceed the gross weight allowed by the permit.
  9 32    Sec. 22.  Section 322.19, unnumbered paragraph 5, Code
  9 33 2003, is amended to read as follows:
  9 34    Amount financed shall be For purposes of this chapter,
  9 35 "amount financed" means as defined in section 537.1301.
 10  1 However, notwithstanding section 322.33, subsection 3, the
 10  2 amount financed may also include additional charges for the
 10  3 following, which shall not be included in the finance charge:
 10  4    1.  A motor vehicle service contract as defined in section
 10  5 516E.1.
 10  6    2.  Voluntary debt cancellation coverage, whether insurance
 10  7 or debt waiver, which may be excluded from the finance charge
 10  8 under the federal Truth in Lending Act as defined in section
 10  9 537.1302.
 10 10    Sec. 23.  NEW SECTION.  324A.6  URBAN PUBLIC TRANSIT
 10 11 SYSTEMS – INTENT.
 10 12    An urban public transit system shall, to the extent
 10 13 practicable, utilize private-sector operators in the planning
 10 14 and provision of transit services.
 10 15    Sec. 24.  NEW SECTION.  325A.7A  TARIFFS – APPROVAL BY
 10 16 DEPARTMENT.
 10 17    1.  TRANSPORTATION PROHIBITED.  A motor carrier of
 10 18 household goods shall not undertake to perform any service
 10 19 for, engage in, or participate in the transportation of
 10 20 personal effects or property between points within this state
 10 21 until the motor carrier's tariff has been filed, posted, and
 10 22 approved by the department.
 10 23    2.  CHANGE IN TARIFF.  Unless the department orders
 10 24 otherwise, a motor carrier of household goods shall give
 10 25 thirty days' notice to the department and to the public, as
 10 26 provided by rules adopted by the department, prior to making a
 10 27 change in a tariff.
 10 28    3.  CHANGES WITHOUT NOTICE.  The department, for good cause
 10 29 shown, may allow changes in a tariff without the thirty days'
 10 30 notice required in subsection 2 by issuing an order specifying
 10 31 the changes to be made and the time they shall take effect.
 10 32    4.  POWER TO REVISE TARIFF.  Any time a tariff is filed
 10 33 with the department, the department may hold a hearing for the
 10 34 purpose of determining that the tariff is just, reasonable,
 10 35 and nondiscriminating.  The hearing shall be conducted by the
 11  1 director or the director's designee.
 11  2    5.  SUSPENSION OF TARIFF.  Pending the hearing and the
 11  3 decision of the department, the tariff shall not be put into
 11  4 effect; however, this period of suspension of the tariff shall
 11  5 not exceed one hundred twenty days beyond the time the tariff
 11  6 would otherwise have been effective after filing and thirty
 11  7 days' notice.
 11  8    6.  DECISION.  Following the hearing, the department shall
 11  9 establish the tariff changes proposed by the motor carrier in
 11 10 whole or in part, or establish other changes the department
 11 11 determines to be just, reasonable, and nondiscriminating.
 11 12    Sec. 25.  NEW SECTION.  325A.7B  AGENCY TARIFFS.
 11 13    1.  AUTHORIZATION.  Sections 325A.2 and 325A.7 shall not be
 11 14 construed to prohibit the making of rates by two or more motor
 11 15 carriers of household goods.
 11 16    2.  AGENCY TARIFFS.  The names of the several motor
 11 17 carriers that are parties to an agency tariff shall be
 11 18 specified in the tariff.  Unless otherwise required by the
 11 19 department, the agency tariff may be filed by only one of the
 11 20 parties to the agency tariff, or by a tariff filing agent,
 11 21 under a power of attorney granted by each of the parties to
 11 22 the agency tariff not doing the filing and filed with the
 11 23 department on forms prescribed by the department.
 11 24    Sec. 26.  The section of this division amending section
 11 25 321.191, subsections 2, 3, and 4, Code 2003, is repealed
 11 26 effective July 1, 2005, and the Code editor shall return the
 11 27 applicable language in those subsections to the language
 11 28 contained in the 2003 Iowa Code.
 11 29    Sec. 27.  Section 321.191, subsection 10, as enacted in
 11 30 this Act, is repealed effective July 1, 2005.
 11 31    Sec. 28.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 11 32    1.  The section of this Act amending section 321E.7, being
 11 33 deemed of immediate importance, takes effect upon enactment.
 11 34    2.  The sections of this Act enacting sections 325A.7A and
 11 35 325A.7B, being deemed of immediate importance, take effect
 12  1 upon enactment and apply retroactively to January 1, 2002.  
 12  2                           EXPLANATION
 12  3    This bill amends current law relating to highways,
 12  4 aviation, and motor vehicle regulation.
 12  5    Division I of the bill relates to highways.  The bill
 12  6 amends Code chapter 306C to eliminate the authority of the
 12  7 state department of transportation to regulate junkyards along
 12  8 primary highways.  The department would continue to regulate
 12  9 junkyards along interstate highways in accordance with federal
 12 10 law.
 12 11    The bill repeals Code section 306C.22, which regulates the
 12 12 placement of political signs on private property.  Due to a
 12 13 federal appeals court decision, the state department of
 12 14 transportation has not enforced this Code section since 1998.
 12 15    Division II of the bill repeals Code section 330.2, which
 12 16 establishes the aviation hangar revolving loan fund.
 12 17 Legislation passed in 2002 eliminated the balance of the fund.
 12 18 The bill provides that moneys repaid on outstanding loans from
 12 19 the fund are to be credited to the state department of
 12 20 transportation for support of general aviation airports.
 12 21    Division III of the bill contains provisions relating to
 12 22 motor vehicle regulation.  The bill amends provisions relating
 12 23 to security interests in motor vehicles to require that the
 12 24 date of perfection of a security interest is the date the
 12 25 application for the security interest is delivered to the
 12 26 county treasurer.  The bill strikes a provision in Code
 12 27 section 321.50 that sets a deadline for delivery of a
 12 28 certificate of title to a county treasurer for notation of a
 12 29 security interest in order for the security interest to be
 12 30 enforceable.
 12 31    The bill extends the time allowed a motor vehicle dealer to
 12 32 apply for a certificate of title for a foreign registered
 12 33 vehicle under Code section 321.48 from 15 to 30 days from the
 12 34 time the vehicle enters the state.
 12 35    The bill amends Code section 321.191 by increasing fees for
 13  1 certain driver's licenses issued during the period beginning
 13  2 July 1, 2003, and ending June 30, 2005.  The fee for a
 13  3 noncommercial driver's license, other than a class D license
 13  4 or an instruction permit, is temporarily increased from $4 to
 13  5 $6 per year of license validity.  The fee for a noncommercial
 13  6 class D driver's license, or chauffeur's license, is
 13  7 temporarily increased from $8 to $10 per year of license
 13  8 validity.  The fee for a commercial driver's license, other
 13  9 than an instruction permit, is temporarily increased from $8
 13 10 to $10 per year of license validity.  The revenues from the
 13 11 temporary fee increases are appropriated to the state
 13 12 department of transportation for costs associated with the
 13 13 rewrite of the driver's license issuance and records system.
 13 14 Fees in excess of the amount needed to fund the rewrite of the
 13 15 system are to be deposited in the road use tax fund.  The
 13 16 temporary fee increases are repealed effective July 1, 2005.
 13 17    The bill adds language to Code section 321.271 to allow
 13 18 that certain factual crime or incident information in
 13 19 confidential motor vehicle accident reports shall be disclosed
 13 20 if disclosure would not jeopardize an investigation or
 13 21 endanger the safety of an individual.
 13 22    The bill creates new Code section 321.192, which authorizes
 13 23 the state department of transportation to waive payment of, or
 13 24 to refund, all or a portion of fees for renewal or duplication
 13 25 of a driver's license or nonoperator's identification card,
 13 26 pursuant to rules adopted by the department, if the
 13 27 department's standard for timely issuance is not met, or if an
 13 28 applicant is required to return to the driver's license
 13 29 station due to an error on the license or identification card.
 13 30 The provision is only applicable to licenses and cards issued
 13 31 at driver's license stations operated by the department, and
 13 32 not to licenses and cards issued by counties under Code
 13 33 chapter 321M.
 13 34    The bill makes several amendments to Code section 321.449
 13 35 affecting motor carrier safety rules adopted by the state
 14  1 department of transportation.  Such rules must be consistent
 14  2 with federal law establishing procedures for determining,
 14  3 rating, and monitoring the safety fitness of motor carriers
 14  4 and establishing a safety assurance program for new entrant
 14  5 motor carriers seeking to conduct interstate operations.  The
 14  6 bill exempts from motor carrier safety rules drivers operating
 14  7 intrastate for farm operations or agricultural interests when
 14  8 the vehicle is operated between the farm and another farm,
 14  9 between the farm and a market for farm products, or between
 14 10 the farm and an agribusiness location.  In addition, certain
 14 11 vehicles engaged in intrastate commerce and used in
 14 12 combination are exempt from the rules.
 14 13    The bill amends Code section 321.450 pertaining to
 14 14 hazardous materials transportation regulations.  Currently,
 14 15 farmers and employees of farmers transporting agricultural
 14 16 hazardous materials are exempt from rules implementing the
 14 17 federal regulations when transporting materials between sites
 14 18 in the farmer's agricultural operations, unless the material
 14 19 is being transported on the interstate highway system.  The
 14 20 section is amended to exclude the transportation of class 2
 14 21 hazardous materials from that exemption.  Class 2 agricultural
 14 22 hazardous materials are flammable gas and nonflammable,
 14 23 nonpoisonous compressed gas as defined in federal law.
 14 24    The bill creates an exception to gross weight limits in
 14 25 Code section 321E.7 for a vehicle or combination of vehicles
 14 26 transporting construction machinery.  Such a vehicle is
 14 27 allowed a 1,000 pound weight tolerance for any one axle,
 14 28 provided the total gross vehicle weight does not exceed that
 14 29 allowed by permit.  This exception is effective immediately
 14 30 upon the bill's enactment.
 14 31    The bill amends Code section 322.19 to allow charges for
 14 32 motor vehicle service contracts and voluntary debt
 14 33 cancellation coverage to be financed under a motor vehicle
 14 34 retail installment contract.  Such charges may not, however,
 14 35 be included in a finance charge.
 15  1    The bill enacts new Code section 324A.6 to require that
 15  2 urban public transit systems utilize private-sector operators,
 15  3 if practicable, in the planning and provision of transit
 15  4 services.
 15  5    The bill enacts new requirements for the establishment,
 15  6 filing, and revision of tariffs charged by motor carriers of
 15  7 household goods in new Code section 325A.7A.  Special
 15  8 requirements for the filing of agency tariffs are outlined in
 15  9 new Code section 325A.7B.  Both new Code sections are
 15 10 effective upon enactment and apply retroactively to January 1,
 15 11 2002.  
 15 12 LSB 2183SC 80
 15 13 dea/cf/24.2
     

                                        
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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