Text: SSB01002 Text: SSB01004 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 HIGHWAYS 1 3 Section 1. Section 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 interstateor1 10primaryhighway, 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 interstateor primarysystem 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 interstateand primary systemssystem, 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 Section 306C.22, Code 2003, is repealed. 2 1 DIVISION II 2 2 AVIATION 2 3 Sec. 7. Section 330.2, Code 2003, is repealed. 2 4 Sec. 8.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 321.191, subsections 2, 3, and 4, Code 2 11 2003, are amended to read as follows: 2 12 2. NONCOMMERCIAL DRIVER'S LICENSES. The fee for a 2 13 noncommercial driver's license, other than a class D driver's 2 14 license or any type of instruction permit, is four dollars per 2 15 year of license validity, except that for licenses issued 2 16 during the period beginning July 1, 2003, and ending June 30, 2 17 2005, the fee is six dollars per year of license validity. 2 18 3. LICENSES FOR CHAUFFEURS. The fee for a noncommercial 2 19 class D driver's license is eight dollars per year of license 2 20 validity, except that for licenses issued during the period 2 21 beginning July 1, 2003, and ending June 30, 2005, the fee is 2 22 ten dollars per year of license validity. 2 23 4. COMMERCIAL DRIVER'S LICENSES. The fee for a commercial 2 24 driver's license, other than an instruction permit, for the 2 25 operation of a commercial motor vehicle is eight dollars per 2 26 year of license validity, except that for licenses issued 2 27 during the period beginning July 1, 2003, and ending June 30, 2 28 2005, the fee is ten dollars per year of license validity. 2 29 Sec. 10. NEW SECTION. 321.192 WAIVERS OR REFUNDS OF 2 30 FEES. 2 31 1. Notwithstanding the fee requirements for issuance of a 2 32 driver's license or nonoperator's identification card pursuant 2 33 to section 321.190 or 321.191, the department may waive or 2 34 refund fees pursuant to rules adopted by the department. The 2 35 department may waive payment of, or refund to an applicant, 3 1 all or a portion of the fees for renewal of a license or 3 2 identification card or for a duplicate license or 3 3 identification card if the department determines that the 3 4 service standard for timely issuance has not been met or an 3 5 error on the license or identification card requires the 3 6 applicant to return to the driver's license station. The 3 7 decision of the department not to waive or refund a fee is 3 8 final agency action and not subject to review under chapter 3 9 17A. 3 10 2. Subsection 1 does not apply to licenses or 3 11 identification cards issued by a county pursuant to chapter 3 12 321M. 3 13 Sec. 11. Section 321.449, subsection 1, unnumbered 3 14 paragraph 2, Code 2003, is amended to read as follows: 3 15 The department shall also adopt rules concerning hours of 3 16 service for drivers of vehicles operated intrastate for hire 3 17 and designed to transport seven or more persons, including the 3 18 driver. The rules shall not apply to vehicles offered to the 3 19 public for hire that are used principally in intracity 3 20 operation and that are regulated by local authorities pursuant 3 21 to section 321.236. 3 22 Sec. 12. Section 321.449, subsections 4 and 8, Code 2003, 3 23 are amended to read as follows: 3 24 4. Notwithstanding other provisions of this section, rules 3 25 adopted under this section for drivers of commercial vehicles 3 26 shall not apply to a driver of a commercial vehicle who is 3 27 engaged exclusively in intrastate commerce, when the 3 28 commercial vehicle's gross vehicle weight rating is twenty-six 3 29 thousand pounds or less, unless the vehicle is used to 3 30 transport hazardous materials requiring a placard or if the 3 31 vehicle is designed to transport more than fifteen passengers, 3 32 including the driver. For the purpose of complying with the 3 33 hours of service recordkeeping requirements under 49 C.F.R. } 3 34 395.1(e)(5), a driver's report of daily beginning and ending 3 35 on-duty time submitted to the motor carrier at the end of each 4 1 work week shall be considered acceptable motor carrier time 4 2 records. In addition, rules adopted under this section shall 4 3 not apply to a driver operating intrastate for a farm 4 4 operation as defined in section 352.2, or for an agricultural 4 5 interest when the commercial vehicle is operated between the 4 6 farm as defined in section 352.2 and another farm, between the 4 7 farm and a market for farm products, or between the farm and 4 8 an agribusiness location. A driver or a driver-salesperson 4 9 for a private carrier, who is not for hire and who is engaged 4 10 exclusively in intrastate commerce, may drive twelve hours, be 4 11 on duty sixteen hours in a twenty-four hour period and be on 4 12 duty seventy hours in seven consecutive days or eighty hours 4 13 in eight consecutive days. For-hire drivers who are engaged 4 14 exclusively in intrastate commerce and who operate trucks and 4 15 truck-tractors exclusively for the movement of construction 4 16 materials and equipment to and from construction projects may 4 17 also drive twelve hours, be on duty sixteen hours in a twenty- 4 18 four-hour period, and be on duty seventy hours in seven 4 19 consecutive days or eighty hours in eight consecutive days. A 4 20 driver-salesperson means as defined in 49 C.F.R. } 395.2, as 4 21 adopted by the department by rule. 4 22 8. Rules adopted under this section shall not apply to 4 23 vehicles engaged in intrastate commerce used in combination, 4 24 provided the gross vehicle weight rating of the towing unit is 4 25 ten thousand pounds or less and the gross combination weight 4 26 rating is twenty-six thousand pounds or less. 4 27 Sec. 13. Section 321.450, subsection 4, Code 2003, is 4 28 amended to read as follows: 4 29 4. Notwithstanding other provisions of this section, rules 4 30 adopted under this section shall not apply to a farmer or 4 31 employees of a farmer when transporting an agricultural 4 32 hazardous material, except class 2 material, between the sites 4 33 in the farmer's agricultural operations unless the material is 4 34 being transported on the interstate highway system. As used 4 35 in this subsection, "farmer" means a person engaged in the 5 1 production or raising of crops, poultry, or livestock; 5 2 "farmer" does not include a person who is a commercial 5 3 applicator of agricultural chemicals or fertilizers. 5 4 Sec. 14. The section of this division amending section 5 5 321.191, subsections 2, 3, and 4, Code 2003, is repealed 5 6 effective July 1, 2005, and the Code editor shall return the 5 7 applicable language in those subsections to the language 5 8 contained in the 2003 Iowa Code. 5 9 EXPLANATION 5 10 This bill amends current law relating to highways, 5 11 aviation, and motor vehicle regulation. 5 12 Division I of the bill relates to highways. The bill 5 13 amends Code chapter 306C to eliminate the authority of the 5 14 state department of transportation to regulate junkyards along 5 15 primary highways. The department would continue to regulate 5 16 junkyards along interstate highways in accordance with federal 5 17 law. 5 18 The bill repeals Code section 306C.22, which regulates the 5 19 placement of political signs on private property. Due to a 5 20 federal appeals court decision, the state department of 5 21 transportation has not enforced this Code section since 1998. 5 22 Division II of the bill repeals Code section 330.2, which 5 23 establishes the aviation hangar revolving loan fund. 5 24 Legislation passed in 2002 eliminated the balance of the fund. 5 25 The bill provides that moneys repaid on outstanding loans from 5 26 the fund are to be credited to the state department of 5 27 transportation for support of general aviation airports. 5 28 Division III of the bill contains provisions relating to 5 29 motor vehicle regulation. The bill amends Code section 5 30 321.191 by increasing fees for certain driver's licenses 5 31 issued during the period beginning July 1, 2003, and ending 5 32 June 30, 2005. The fee for a noncommercial driver's license, 5 33 other than a class D license or an instruction permit, is 5 34 temporarily increased from $4 to $6 per year of license 5 35 validity. The fee for a noncommercial class D driver's 6 1 license, or chauffeur's license, is temporarily increased from 6 2 $8 to $10 per year of license validity. The fee for a 6 3 commercial driver's license, other than an instruction permit, 6 4 is temporarily increased from $8 to $10 per year of license 6 5 validity. The temporary fee increases are repealed effective 6 6 July 1, 2005. 6 7 The bill creates new Code section 321.192, which authorizes 6 8 the state department of transportation to waive payment of, or 6 9 to refund, all or a portion of fees for renewal or duplication 6 10 of a driver's license or nonoperator's identification card, 6 11 pursuant to rules adopted by the department, if the 6 12 department's standard for timely issuance is not met, or if an 6 13 applicant is required to return to the driver's license 6 14 station due to an error on the license or identification card. 6 15 The provision is only applicable to licenses and cards issued 6 16 at driver's license stations operated by the department, and 6 17 not to licenses and cards issued by counties under Code 6 18 chapter 321M. 6 19 The bill makes several amendments to Code section 321.449 6 20 affecting motor carrier safety rules adopted by the state 6 21 department of transportation. The bill provides that the 6 22 department's rules concerning hours of service apply only to 6 23 drivers of vehicles operated intrastate for hire and designed 6 24 to transport seven or more persons. The bill exempts from 6 25 motor carrier safety rules drivers operating intrastate for 6 26 farm operations or agricultural interests when the vehicle is 6 27 operated between the farm and another farm, between the farm 6 28 and a market for farm products, or between the farm and an 6 29 agribusiness location. In addition, certain vehicles engaged 6 30 in intrastate commerce and used in combination are exempt from 6 31 the rules. 6 32 The bill amends Code section 321.450 pertaining to 6 33 hazardous materials transportation regulations. Currently, 6 34 farmers and employees of farmers transporting agricultural 6 35 hazardous materials are exempt from rules implementing the 7 1 federal regulations when transporting materials between sites 7 2 in the farmer's agricultural operations, unless the material 7 3 is being transported on the interstate highway system. The 7 4 section is amended to exclude the transportation of class 2 7 5 hazardous materials from that exemption. Class 2 agricultural 7 6 hazardous materials are flammable gas and nonflammable, 7 7 nonpoisonous compressed gas as defined in federal law. 7 8 LSB 1104DP 80 7 9 dea/cf/24.1
Text: SSB01002 Text: SSB01004 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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