1997 SUMMARY OF LEGISLATION

TRANSPORTATION

TRANSPORTATION LEGISLATION

SENATE FILE 5 - Ex-Prisoner of War Motor Vehicle Plates (full text of act)

BY MADDOX, DOUGLAS AND LIND. This Act sets the fee for ex-prisoner of war license plates at $15 and limits an ex-prisoner of war to one set of plates. In 1996, the fee for ex-prisoner of war license plates was changed from a flat fee of $15 to a fee of $25 in addition to the regular motor vehicle registration fee and an ex-prisoner of war was allowed to have more than one set of plates.
The Act provides that a person who paid for ex-prisoner of war license plates on or after January 1, 1997, but before the effective date of the Act, may obtain a refund of the fees paid in excess of $15, for one set of ex-prisoner of war license plates only. Refunds may be obtained by submitting a claim to the State Department of Transportation on a form obtained from the county treasurer.
The Act also requires a person who obtained more than one set of ex-prisoner of war license plates to surrender the additional plates not later than the end of the registration year for which the plates were issued.
The Act takes effect February 18, 1997, and is retroactively applicable to January 1, 1997.

SENATE FILE 80 - Police Bicycles (full text of act)

BY LUNDBY. This Act provides that peace officers operating bicycles are subject to the requirements of Code Chapter 321 except where specific exceptions have been created. A peace officer on a bicycle may run a red light or stop sign or exceed the posted speed limit in the same manner as peace officers operating motor vehicles. The Act also provides that police bicycles may have sirens or whistles, and that peace officers riding bicycles in the line of duty need not operate the front and rear lights as normally necessary.

SENATE FILE 132 - Department of Transportation — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act contains provisions relating to the regulation of transportation and motor vehicles.
The Act adds a definition of "agricultural hazardous material" and amends the definition of "new motor vehicle." "Agricultural hazardous material" means a hazardous material that directly supports the production of an agricultural commodity, other than hazardous waste, including fertilizer, pesticides, soil conditioners, or fuel, as found in certain provisions of Title 49, Code of Federal Regulations. "New motor vehicle or new car" is defined as a motor vehicle subject to registration that has not been sold at retail.
The Act provides that only one "registration applied for" card will be issued for each motor vehicle purchased.
The Act provides that the release of a security interest on a vehicle with a gross weight rating of 16,000 pounds or more is to be noted on the title, or may be noted on a form issued by the State Department of Transportation.
The Act provides that damage disclosure statements are not required to be provided to purchasers of new motor vehicles with a true mileage of 1,000 miles or less.
A person must obtain a certificate of title in the person's name prior to selling, offering for sale, or transferring a motor vehicle, trailer or semitrailer, unless the transaction is exempt because the person acquiring the vehicle is a dealer or title is transferred by operation of law. Failure to comply with this provision is a simple misdemeanor.
The Act creates a new separate offense of driving with an expired license. Currently, this offense is contained within the offense of operating without a license in Code Section 321.174. This offense continues to be punishable by a $20 scheduled fine.
The Act eliminates language in Code Section 321.208A requiring the department to adopt out-of-service rules for commercial driver's license holders consistent with federal regulation. Currently, this section only imposes a penalty for violators of out-of-service orders regarding alcohol-related violations.
The Act exempts portable or part-time stop signs from the requirement that all traffic signs in school zones conform to specifications in the department's manual of traffic control devices.
The Act provides that when a local law enforcement agency is notified of a traffic accident involving hazardous materials, the agency is to notify the department. Currently, local law enforcement agencies are only required to notify the Iowa Highway Safety Patrol.
The Act requires that reflective devices and amber flashing lights on slow-moving vehicles be in accordance with the standards of the American Society of Agricultural Engineers instead of approved by the Director of Transportation.
Code Section 321.450, relating to hazardous materials transportation regulations, is amended to provide that the section or rules adopted in accordance with the section do not disqualify a person employed as a driver of commercial vehicles engaged in commerce within the state prior to July 29, 1996, who had a physical or medical condition which also existed prior to July 29, 1996, from employment as a driver of commercial vehicles engaged in intrastate commerce. The Act also exempts farmers or their employees from hazardous materials transport rules when transporting agricultural hazardous materials between sites in the farmer's agricultural operations, unless the material is being transported on an interstate highway. "Farmer" is defined as a person engaged in the production or raising of crops, poultry or livestock, and not a commercial applicator of agricultural chemicals or fertilizers.
The Act provides that an owner's vehicle liability insurance is secondary to the vehicle liability insurance of the driver or a person vicariously responsible for the negligence of the driver.
The Act permits consecutive revocations for a person convicted of being a habitual offender while the person's license was revoked for a previous habitual offender conviction.
The Act adds "junking" to the description of "vehicle salvager" in the Code chapter relating to vehicle recyclers. A person who is not otherwise authorized to recycle used vehicles may not junk and offer for sale more than six bodies, parts of bodies, or frames of used vehicles that are subject to registration under Code Chapter 321 in a calendar year. The Act increases the penalty for a violation of the chapter from a simple to a serious misdemeanor.
"Engaged in the business" is added to the definitions in Code Section 322.2 regarding motor vehicle manufacturers, distributors and dealers, and is defined in the Act as acquiring, selling, exchanging, holding, offering, displaying, brokering, accepting on consignment, conducting a retail auction, or acting as an agent for any of those purposes for the purpose of the retail sale of motor vehicles. A person selling more than six motor vehicles during a 12-month period is presumed to be engaged in the business of selling motor vehicles. The Act also prohibits a person engaged in the business of selling motor vehicles at retail from displaying motor vehicles at a location other than the person's place of business unless an exception under Code Section 322.5 applies. The Act increases the penalty for a violation of the chapter, which takes effect when the Code does not otherwise provide a specific penalty for such violation, from a simple to a serious misdemeanor.
The Act eliminates the licensing of motor vehicle factory or distributor representatives and provides that the realignment, relocation or reduction of motor vehicle dealerships cannot constitute good cause for terminating a dealer franchise.
The Act requires that all motor vehicle operators from jurisdictions not participating in the international fuel tax agreement comply with Code Chapter 452A, relating to motor fuel taxes, by using the guidelines from the agreement for reporting purposes, penalty, interest, and credential display.
The Act amends the Code to provide that permanent fuel permits or licenses must comply with the international fuel tax agreement. The Act also increases the fee for a single trip interstate permit from $12 to $20, and requires records related to motor fuel and special fuel taxes to be kept for a period of four years. Currently, records are required to be kept for three years.
The Act provides for a $50 scheduled fine for violations of Code Section 321.57, Operation Under Special Plates, and for violations of Code Section 321.62 relating to transporter or dealer records. The Act also provides for a $20 scheduled fine for operating a motor vehicle with an expired license or permit.
Code sections relating to an implementation period for 12-month registration, trucks with solid rubber tires, and approval of reflectors and lighting equipment are repealed.
The Act also strikes several provisions requiring the Director of Transportation to adopt administrative rules regarding snow tires, tow bars, directional signs, strobe lights for school buses, bicycle reflectors, motor vehicle lights, weight-equalizing hitches, safety glass, and safety belts. These provisions are either obsolete or have been superseded by federal requirements.

SENATE FILE 177 - Motor Vehicle Operation — Parking — Littering (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act makes changes to several provisions relating to the operation of motor vehicles. The Act establishes the offense of careless driving. A person commits careless driving by causing unnecessary tire squealing, skidding or sliding while accelerating or stopping, by simulating a race, by causing a wheel or tire to lose contact with the ground unnecessarily, or by causing the vehicle to unnecessarily turn or sway. A violation of this provision is a simple misdemeanor under Code Section 321.482.
The Act removes the simple misdemeanor penalty for littering and provides for a scheduled violation of $25 for littering. This change is also applicable to violations of Code Section 321.370, which requires the removal of injurious material dropped or thrown on a highway.
The Act amends Code Section 321J.7 to specifically state that a physician may provide oral certification for an alcohol or drug test of a person who is dead, unconscious or incapable of providing consent if the oral certification is followed by written certification by the physician within a reasonable time of the test.
The Act provides that the uniform penalty for handicapped parking violations is the $100 scheduled fine established in Code Section 805.8.

SENATE FILE 229 - Motor Vehicle Licenses for Undercover Officers (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act authorizes the State Department of Transportation to issue a motor vehicle license to a peace officer or federal law enforcement officer for the purpose of providing the officer with a fictitious identity for use when performing undercover duty. The department is directed to adopt administrative rules in cooperation with the Commissioner of Public Safety to implement the provisions of this Act. Motor vehicle licenses include driver's licenses, chauffeur's licenses, commercial driver's licenses, and motorcycle licenses. The officer must be qualified to obtain the type of license sought.
The Act provides that undercover licenses shall only be issued at the request of the law enforcement agency employing the officer who needs the license, and limits use of the license to official duty when a fictitious identity is necessary. When the officer no longer needs the license for undercover duties, the license shall be surrendered.
The Act also requires the officer using the fictitious identity to report traffic citations issued the officer while using the undercover license. An officer using an undercover license on official business is not subject to prosecution for violations of Code Chapter 321 if the violation was necessary to protect the identity of the officer.
An officer who provides false information to the department to obtain an undercover license, who uses the license during the commission of a crime other than provided for by the Act, or who knowingly allows another person to use the license commits a class "D" felony. A person who uses the license improperly, without committing a public offense, or who fails to surrender the license commits an aggravated misdemeanor.
The Act provides that the fee for an undercover license is the same as for issuance of any of the regular licenses issued by the department. In addition, records regarding the issuance of an undercover license are confidential public records.
The Act takes effect May 1, 1997.

SENATE FILE 293 - Reporting of Motor Vehicle Accidents (full text of act)

BY COMMITTEE ON COMMERCE. This Act increases from $500 to $1,000 the property damage limit applicable to mandatory reporting of a motor vehicle accident and to suspension of the license of a person involved in a motor vehicle accident by the State Department of Transportation.

SENATE FILE 379 - Repair of Out-of-State Commercial Vehicles (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act allows the operator of a commercial motor vehicle that is not registered within the state and does not have an interstate fuel permit, to enter the state, travel to a commercial vehicle dealer or repair facility and exit the state, under the following circumstances:

1. The commercial motor vehicle is entering the state solely for the purposes of maintenance and repair to the commercial motor vehicle and is exiting the state after having completed vehicle maintenance or repair.
2. The operator has obtained a temporary entry or exit permit from the commercial vehicle dealer or repair facility.
3. The commercial vehicle is unladen.

The Act requires the State Department of Transportation to provide a temporary entry or exit permit to an operator when the operator takes the commercial motor vehicle for repair or returns from having the commercial motor vehicle repaired. Any operator in possession of the document allowing entry into the state or exit from the state may not be charged with a registration violation under Code Chapter 321 or 326, or with a motor vehicle fuel tax violation under Code Chapter 452A.

SENATE FILE 545 - Centralized State Debt Collection — Information — Drivers Licenses (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act reestablishes the Driver's License Indebtedness Clearance Pilot Project. The Act provides that the State Department of Transportation shall not renew a driver's license, or shall suspend the driver's license of a person who has a delinquent account or other indebtedness owed to or being collected by the state, unless the applicant or licensee has made arrangements for the payment of the account or debt with the agency collecting the account or debt. The department shall determine which counties will participate in the pilot project. However, a county may elect to join the pilot project voluntarily.
In addition, the Act permits the Director of Revenue and Finance to provide the names, addresses and amount of indebtedness owed or being collected by the state to credit reporting agencies.
The Act takes effect May 19, 1997.

HOUSE FILE 383 - Highway Information Centers and Rest Areas (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act provides that, after January 1, 1997, a party entering into an agreement under Code Section 306C.21 shall not develop, establish or own any commercial business adjacent to the rest area which is subject to the agreement. Code Section 306C.21 allows the State Department of Transportation to enter into agreements with private persons, firms or corporations for the establishment of information centers in rest areas on the interstate or primary highways. The Act further provides that an interstate rest area shall be located entirely on the interstate right-of-way, including, but not limited to, all entrance ramps, all rest area buildings including information centers, and all parking facilities. Department moneys shall not be used for any other type of interstate rest area. If an interstate rest area is reconstructed, the area available for parking shall be equal to or more than the area available for parking prior to the reconstruction.
The Act takes effect April 23, 1997, and applies retroactively to January 1, 1997.

HOUSE FILE 416 - Trucks and Other Large Motor Vehicles (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act makes changes to statutory provisions governing the operation of trucks and other large motor vehicles as follows:
Code Section 321.1 is amended to define the word "crane" to mean a machine for raising, shifting and lowering heavy weights by means of a projecting swinging arm, and a "retractable axle" as an axle designed with the capability of manipulation or adjustments of the weight and the axle.
The Act eliminates the requirement that the Director of Transportation adopt safety standards regarding pneumatic tires designed originally without grooves or tread, and effective July 1, 1999, prohibits vehicles from operating with tire weights per inch of tire width that are greater than 575 pounds per inch of the tire width on a nonsteering axle and 600 pounds per inch of tire width on a steering axle based on the tire width rating.
The Act provides that vehicles used solely for the hauling of automobiles, light trucks and recreational vehicle chassis are exempt from a permit requirement if the load vehicle is 14 feet tall or less.
The Act amends Code Section 321.463 to state the maximum allowable vehicle weights for interstate and noninterstate highways in chart form. The maximum weight is also increased to 96,000 pounds for livestock and construction vehicles on noninterstate highways. The Act provides that the increase, to 96,000 pounds, in maximum gross weight for vehicles on the primary road system takes effect July 1, 1997, and for the urban and secondary road system takes effect December 31, 1998. Prior to that date, local authorities may approve routes of travel for 96,000-pound vehicles on urban and secondary roads.
The Act provides that model year 1999 and later motor vehicles with retractable axles must have the weight-adjusting device located where it is inaccessible to the driver during operation of the vehicle. The controls for raising and lowering the axle may be located in the cab of the vehicle, however.
The Act permits cranes with gross weights per axle of up to 24,000 pounds to be moved temporarily on streets, roads or highways.
Vehicles with loads not more than 12 feet 5 inches in width, 14 feet in height, not greater than 100 feet in length, and weighing between 80,000 and 136,000 pounds may, under the Act, be moved unlimited distances on highways specified by the permitting authority, provided that the vehicle owner or operator verifies to the permitting authority before moving the load that road conditions have not changed so as to prohibit the load from being moved. The vehicle owner or operator is also liable for damages done to highways or highway structures from the load. These vehicles are prohibited by the Act from traveling on the interstate highway system if the vehicle exceeds 80,000 pounds gross weight.
As provided in the Act, cranes exceeding the maximum gross axle weight allowed in Code Section 321.463, but not exceeding 24,000 pounds in axle weight, may be moved under a single-trip permit in accordance with rules adopted by the department.
The Act also permits vehicles not more than 120 feet in length and 16 feet in width, and of any height, to be moved on highways designated by the permitting authority under a multi-trip permit provided that the total vehicle gross weight is not more than 156,000 pounds. Current size limitations are 11 feet in width, 100 feet in length, and 14 feet four inches in height, and the weight limitation is determined under Code Section 321E.7.
The Act also amends Code Section 321E.14 to create an annual permit fee of $300 for vehicles with gross weights between 80,000 and 136,000 pounds. The fee for all other annual permits remains at $25. The fee for a multi-trip permit is increased from $100 to $200.

HOUSE FILE 685 - Motorcycle Dealer Business Hours (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act provides that a motorcycle dealer is not required to maintain regular business hours at the dealer's principal place of business or other business locations. Current administrative rules require that motorcycle dealers be open to the public for a minimum of 32 posted hours each week between Monday and Friday, inclusive.

HOUSE FILE 688 - Parking for Persons With Disabilities (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act makes several changes regarding handicapped parking permits.
The Act changes the term "handicapped person" to the term "person with a disability," and makes conforming changes to related terms. The Act also eliminates the requirement that handicapped parking signs state the amount of the fine for violations of handicapped parking provisions. Public and private entities may continue to use signs and other devices bearing the word "handicapped" until those devices are replaced in the normal course of business.
The Act also authorizes the State Department of Transportation to issue nonexpiring, removable windshield placards to persons who are handicapped by reason of a lifelong disability. To be eligible for a nonexpiring placard, a physician or chiropractor must state in writing to the department that the person's disability is permanent. A nonexpiring placard must be a different color from a temporary placard and state that it is a nonexpiring placard.
Currently, certain persons who transport handicapped or elderly persons may obtain removable windshield placards that must be renewed every four years. The Act designates these placards as expiring removable windshield placards. Persons receiving these placards must comply with Code Section 321L.4 regarding the display and use of the permit.
The Act eliminates the requirement that the physician or chiropractor who made the determination regarding the handicapped person's disability sign the removable windshield placard. The Act also eliminates the requirement that a handicapped person who obtains a removable windshield placard have a handicapped designation on the person's driver's license or obtain a nonoperator's identification card.
The Act takes effect April 22, 1997.

HOUSE FILE 692 - Parking Permits — Statement Regarding Handicap (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides that handicapped parking permits may be issued pursuant to the statement of a physician assistant or nurse practitioner. Currently, only physicians and chiropractors may provide information to the State Department of Transportation regarding the disability of the person seeking the handicapped permit. The Act also makes physician assistants and nurse practitioners subject to the $300 civil penalty for providing false information regarding such permits.

HOUSE FILE 704 - Transportation Regulation (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act makes changes to statutory provisions relating to the State Department of Transportation.
The Act requires the department to adopt rules regarding the regulation of certain signs along interstate highways and in the areas adjacent to other roads, including a fee schedule for signs, beginning January 1, 1999. For the remainder of 1997 and 1998, the Act establishes renewal fees for signs as follows:

• For signs up to 375 square feet in area, $15.
• For signs 376 to 999 square feet in area, $25.
• For signs 1,000 square feet and over, $50.

The Act authorizes the county engineer to approve progress payments on farm-to-market road projects. Currently, only the board of supervisors and the department may approve progress payments.
The term "road construction zone" is changed to "road work zone" and defined as the portion of a highway that is identified as the site of construction, maintenance, survey, or utility work.
The Act adds authorized emergency vehicles used in disaster relief that are owned and operated by a not-for-profit entity to the vehicles exempted from paying fees under Code Chapter 321. This provision takes effect May 1, 1997.
The Act authorizes the department to undertake a program to utilize electronic means for applying for titles for vehicles traveling in interstate commerce, including the use of electronic funds transfers.
The Act also authorizes the department to issue "love our kids" and motorcycle rider education special plates. The fee for each is $35. Proceeds from the "love our kids" plates are distributed to the Iowa Department of Public Health and proceeds from the motorcycle rider education plates are distributed to the Motorcycle Rider Education Fund. Code Section 321.34 is also amended to add a provision allowing an agency of the state which requests a special plate to request that an alternate fee of $35 be assessed in lieu of the regular special fee with the proceeds from the alternate fee being credited by the Treasurer of State to the agency. The Act also requires the department to adopt administrative rules regarding the issuance of special license plates. Currently, special plates are issued only after the department recommends the plates be approved and the plates are enacted into law.
The Act authorizes the owners of 1948 model year vehicles or older or vehicles rebuilt to resemble street rods of 1948 or older vintage to mount only the rear license plate and carry the front plate in the vehicle.
County treasurers shall refuse to renew the vehicle registrations of persons who owe delinquent restitution anywhere in the state. Currently, registration is only refused in counties that have populations of 25,000 or more or which have agreed to do so by resolution. Restitution includes any delinquent fine, penalty, surcharge, victim restitution, or other restitution under Code Section 910.1, subsection 4. The Act provides for daily notification of persons who owe restitution by clerks of court to the department through the Iowa Court Information System and for notification to the county treasurers by the department through the distributed teleprocessing network. This provision takes effect on January 1, 1998.
Owners of trailers with an empty weight of 2,000 pounds or less may request regular-sized license plates instead of smaller plates for their trailers.
The Act increases from 20 days to 30 days the notice required to a motor vehicle operator before the operator's license may be suspended for habitually reckless operation, being a habitual violator, or other reasons. The section also provides that filing a petition for judicial review under the Iowa Administrative Procedure Act (Code Chapter 17A) does not stay a suspension for being physically or mentally incapable of safely operating a motor vehicle.
Code Section 321.218 is amended to apply the serious misdemeanor penalty applicable to a person who is found to have driven while the person's license is suspended or revoked under Code Chapter 321, to a person found to have driven while the person's license is revoked as part of the sentence for conviction of a drug offense.
The Act amends the exemption for road workers from most provisions of Code Chapter 321 contained in Code Section 321.233, so that it applies when the worker is operating equipment on behalf of a state or local authority. Currently, the equipment must be owned by or under lease to the state or local authority.
Code Section 321.253 is amended to eliminate the reference to the $100 limitation on doubled fines for moving violations in road work zones.
The Act permits chiropractors to certify that a person is unable to wear a safety belt.
The Act provides that implements of husbandry must be operated within the weight requirements of Code Section 321.463, except for certain cattle feeding machinery, which need not meet the requirements of Code Section 321.463 until July 1, 1999. The Act also provides that implements of husbandry used to dispense feed to cattle at feedlots are not required to comply with the weight requirements of the section until July 1, 1999. Other implements of husbandry shall comply with the requirements as of July 1, 1997.
The clerk of the district court shall charge a fee of 50 cents for copies of records of conviction of a provision of Code Chapter 321 or other motor vehicle operation law. The fee is to be credited to the department to enhance the department's ability to process and transfer information within the Iowa Court Information System.
The Act amends the definition of "habitual offender" in Code Section 321.555 to include the offenses of eluding or attempting to elude a pursuing law enforcement vehicle and serious injury by a vehicle.
The Act amends Code Chapter 321E to consolidate references to escort vehicles in new Code Section 321E.34. Vehicles up to 14 feet, 6 inches in width may be moved on two-lane roads that have a minimum lane width of 12 feet and sufficient shoulder space. Vehicles up to 16 feet, 6 inches may be moved on four-lane highways without escort. The department is directed to adopt rules regarding the operation of escort vehicles.
The Act extends from 15 days to 30 days the time period for the Director of Transportation, upon request, to review a license revocation decision under Code Chapter 321J and either rescind or suspend the decision. Subsection 4 of Code Section 321J.13, providing for the reopening of a revocation hearing on the grounds of newly discovered evidence or a decision in favor of the defendant in the related criminal case, is stricken.
The Act repeals Code Chapters 325 (Certificated Carriers), 327 (Truck Operators), and 327A (Liquid Transport Carriers) and replaces them with new Code Chapter 325A regarding intrastate motor carrier regulation. Persons subject to regulation under Code Chapter 325A include intrastate for-hire motor carriers of goods, liquids and passengers.
The Act makes the department responsible for safety and financial responsibility regulations, tariff approval, and permit or certificate issuance or revocation for intrastate carriers. The department is no longer responsible for regulating matters under federal regulation, such as insurance coverage, rates, routes, and services.
The Act requires motor carriers of liquids or passengers to complete a safety education seminar within six months of being issued a permit or certificate. The department may charge a $200 fee for the seminar, which may be provided by a third party approved by the department.
The Act also establishes the following fees: $150 for a new application, to reinstate a permit or certificate, to transfer a passenger certificate, or to change ownership of a motor carrier permit or certificate; $25 to change an address or name or issue a duplicate permit or certificate; and $10 to update a tariff. Fees are to be credited to the Road Use Tax Fund, except for seminar fees, which are credited to the department to cover the costs of the seminars.
The Act establishes scheduled fines of $50 for violations of marking requirements and $250 for any other violation of Code Chapter 325A, such as unlawful tariffs or failure to have a required permit or certificate. The Act provides for the transition from the current regulation to regulation under Code Chapter 325A. Permits or certificates issued before January 1, 1998, are voided January 1, 1998, except insofar as the permit or certificate allows the person holding the permit or certificate to transport goods or passengers in intrastate commerce. The department is required to issue new permits or certificates to persons holding permits or certificates on December 31, 1997. The Act maintains the current system where the Department of Inspections and Appeals hears protests by third parties against the issuance of a permit or certificate to an applicant, with review of the hearing decision by the State Department of Transportation and judicial review pursuant to Code Chapter 17A.
Code Section 422.45, regarding sales and use tax, is amended to include special provisions regarding the refund of sales and use tax paid on State Department of Transportation construction projects. Under the provision, a contractor is considered the consumer of materials, supplies and equipment and must pay sales or use taxes directly to the department. Contractors are not, however, required to file information with the department regarding the amount of goods, merchandise or services rendered, furnished or performed. The department will file for the sales or use tax refund based upon a formula that must include consideration of the quantity of material and items of work necessary to complete the contract and the estimated cost of the materials included in the items of work and the rate of tax paid. The department is to maintain information on the materials needed and used for each contract in a database. The provision prohibits refunds on local option sales taxes paid by the contractor.
Code Section 805.8, regarding moving violations in road construction zones, is amended to use the term "road work zones," eliminate the cap on fines at $100, and add scheduled fines for violations of Code Chapter 325A.

RELATED LEGISLATION

SENATE FILE 222 -- Use Tax on Motor Vehicle Leasing

(Complete summary under TAXATION)

This Act relates to the administration of use tax on leased motor vehicles and provides that if a lease is terminated prior to the termination date, no use tax paid is refundable unless the lease is terminated under the Defective Motor Vehicle (Lemon Law) statute.

SENATE FILE 391 -- Appropriations — Transportation

(Complete summary under APPROPRIATIONS)

This Act makes appropriations from the General Fund of the State, the Road Use Tax Fund, and the Primary Road Fund to the State Department of Transportation, establishes the number of full-time equivalent positions authorized to the department, and contains related statutory provisions.

SENATE FILE 432 -- Disposition of Condemned Property and Unused Right-of-Way

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act permits the prior owner of, or owner of property adjacent to, unused highway right-of-way property to acquire the unused property prior to having the property offered for sale to the public.

SENATE FILE 499 -- Tobacco Violations by Underage Persons — Age Identification on Licenses

(Complete summary under HEALTH & SAFETY)

This Act relates to privileges and prohibitions relating to tobacco, tobacco products and cigarettes relative to minors. The Act provides that motor vehicle licenses or nonoperator's identification cards issued to persons under 18 years of age are to include, prominently on the face of the license, the words "under eighteen" and those issued to persons under the age of 21 but older than 18 are to include, prominently on the face of the license, the words "under twenty-one."

HOUSE FILE 372 -- County Issuance of Motor Vehicle Licenses — Study

(Complete summary under LOCAL GOVERNMENT)

This Act establishes a committee to study whether to expand statewide the current program authorizing six counties to issue driver's licenses.

HOUSE FILE 514 -- Financial Liability Coverage for Motor Vehicles

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act prohibits a person from driving a motor vehicle registered in this state on the highways of this state unless financial liability coverage is in effect for the motor vehicle. The driver is also subject to a conviction for a violation if the driver does not have in the motor vehicle a proof of financial liability coverage card issued for the motor vehicle.

HOUSE FILE 645 -- Financial and Regulatory Procedures of Counties, Cities, and Drainage Districts

(Complete summary under TAXATION)

This Act makes a number of changes to the powers and duties of county treasurers. The Act provides that junking certificates for vehicles shall be printed on the vehicle registration receipt rather than as a separate document. The Act also directs the Director of Transportation to consult with the Iowa County Treasurers Association when annually setting the mailing fee for motor vehicle or trailer registration.

HOUSE FILE 707 -- Operating While Intoxicated and Related Provisions

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act amends the laws relating to the offense of operating while intoxicated, including increasing criminal penalties, requiring substance abuse evaluation and a drinking drivers course by all persons whose licenses are revoked under Code Chapter 321J, and requiring ignition interlock devices upon a second or subsequent offense as a condition of obtaining a temporary restricted license.

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