1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

TRANSPORTATION

TRANSPORTATION LEGISLATION

SENATE FILE 2022 - Revitalize Iowa's Sound Economy Fund -- Transfer of Funds (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act authorizes the state Transportation Commission to transfer moneys temporarily from the Revitalize Iowa's Sound Economy (RISE) Fund to the Primary Road Fund if the commission receives a letter from the Director of Transportation certifying that federal transportation funding is not available. Moneys must be repaid to the RISE Fund within three months of any transfer. The commission must ensure that moneys will be available to meet contract obligations on approved RISE projects.

The Act takes effect February 3, 1998.

SENATE FILE 2023 - Special Motor Vehicle Registration Plates (full text of act)

BY RITTMER, KIBBIE AND DRAKE. This Act allows the surviving spouse of a person who was issued ex-prisoner of war motor vehicle registration plates to apply for and use such plates even if the surviving spouse has not continued to use the plates originally issued to the ex-prisoner of war.

The Act also allows certain persons who received an honorable discharge due to a medical disqualification to apply for and use retired United States armed forces plates.

The Act also permits emergency medical personnel to apply for and use special registration plates designating that the person is a current member of a medical services agency.

SENATE FILE 2081 - Implements of Husbandry (full text of act)

BY COMMITTEE ON AGRICULTURE. The Act amends Code Section 321.453, which provides that Code provisions regulating the size, weight and load of vehicles, and requiring permits for the movement of certain vehicles, do not apply in some cases to implements of husbandry. Currently, an implement of husbandry may be moved between a retail seller and a farm purchaser within a 100-mile radius from the retail seller's place of business. This Act eliminates the 100-mile condition. It also provides that an implement of husbandry may be moved between any site and the site of an agricultural exposition or fair.

SENATE FILE 2085 - Responsibilities of Department of Transportation (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act relates to the responsibilities of the state Department of Transportation, including vehicle equipment and parking regulation, postings of highway weight restrictions, and receipt of five-year plans for city street construction programs.

The Act eliminates a requirement that the director or the department approve or adopt rules relating to the approval of certain equipment installed on motor vehicles, including audible or visual signaling devices; reflective devices on garbage collection vehicles; sirens, whistles and bells; safety glass; brakes on all-terrain vehicles and snowmobiles; and seat belts. It allows a "persons with disabilities parking space" located on a paved surface to be painted with or without a blue background, allows the international symbol of accessibility to be painted in yellow or white paint, rather than only yellow paint, and removes a reference to nonskid paint.

This Act provides that persons with disabilities who use a wheelchair may request from the state Department of Transportation a parking cone bearing the words "wheelchair parking space." The Act expands the eligibility for a parking cone to include all persons who use wheelchairs, not just persons who operate a vehicle with a wheelchair lift. The parking cone is used to block another parking space to allow persons using a wheelchair to enter or exit a vehicle.

This Act also strikes a requirement that cities of over 5,000 population, which receive funds from the Road Use Tax Fund, annually file five-year plans for street construction and reconstruction with the state Department of Transportation.

SENATE FILE 2113 - Driver and Motor Vehicle Licensing, Reporting, and Registration (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act changes the terminology for a license for an operator of a motor vehicle from "motor vehicle license" to "driver's license."

The Act allows a person's liability insurance information to be made available by the state Department of Transportation to all other persons involved in an accident, upon the request of any person involved in the accident, or the person's attorney or insurance company.

The Act changes the purpose for department inspections of specially constructed and reconstructed vehicles. Instead of determining whether the vehicle is in a safe operating condition, the Act requires the inspection to be made to determine whether the vehicle meets the definition of a specially constructed or reconstructed vehicle.

SENATE FILE 2192 - Motor Vehicle Damage Disclosure Statements (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act provides changes relating to the threshold for damage disclosure statements. Under prior law, a transferor of a motor vehicle was not required to provide a damage disclosure statement to the transferee if the damage from a single accident did not exceed $3,000, and the transferor was not required to include the cost to repair or replace an inflatable restraint system when calculating the threshold damage amount.

The Act changes the threshold damage amount from $3,000 to $5,000. The Act further provides that when calculating the threshold damage amount, the transferor does not need to include the cost to repair or replace tires, lights, batteries, windshields, windows, or a sound system, in addition to excluding the costs associated with the inflatable restraint system.

SENATE FILE 2218 - Raw Milk Transporter Permits (full text of act)

BY ZIEMAN. This Act authorizes the issuance of a permit by the state Department of Transportation or local authorities to allow the motor truck of a raw milk transporter to exceed the gross weight restriction or gross weight restriction on an axle. The issuing authority may set limits on each permit and establish a route. The motor truck transporting raw milk may not exceed an overall gross weight of 80,000 pounds or exceed 20,000 pounds on each axle. The annual permit fee is established at $25.

SENATE FILE 2257 - Transportation -- Miscellaneous Provisions (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act relates to the regulation of motor vehicle operation on the roads and streets of this state.

This Act eliminates the state functional classification system for roads and streets in the state but does not eliminate the farm-to-market road system. The federal system for classification of roads and streets in the state is not affected by the Act. Jurisdictional control of roads and streets in the state remains subject to Code Section 306.4, which is not amended by this Act. The Act eliminates the functional classification board in each county and creates a Statewide Farm-to-Market Review Board appointed by the Iowa County Engineers Association. The review board is required to receive all farm-to-market road system modifications proposed by any county, review the proposals, and submit modifications approved by the board to the state Department of Transportation.

The Act authorizes the department to grant easements across land under its jurisdiction if the easements will not adversely affect the highway system.

The Act also authorizes the use of the publication name on newspaper receptacles attached to a mailbox or mailbox support that is adjacent to a primary highway.

The Act provides that official records or certified copies of such records of the department, including driving records, shall be received into evidence in any court or administrative proceeding in the same manner and with the same force and effect as if the Director of Transportation or the director's designee had testified in person.

The Act expands the purposes for which implements of husbandry may be moved on roads and highways in daylight hours for distances not exceeding 100 miles.

The Act strikes from the Code a provision restricting the height of motorcycle handlebars.

The Act allows maintenance vehicles operated by a highway authority to stop or park on the main traveled way of a roadway when necessary to the function being performed and when early warning devices are properly displayed. The Act also allows a single truck operating on the highways to have cargo extend three feet beyond the front bumper and four feet beyond the rear bumper. In addition, the Act also permits an unladen cargo carrying device to extend up to 24 inches beyond the rear of the truck.

The Act requires that the $200 civil penalty assessed against a driver whose operating privileges have been revoked for an operating while intoxicated (OWI) offense be paid and that proof that an ignition interlock device has been installed in the vehicle be presented before the driver can obtain a temporary restricted license.

The Act also requires that in order to obtain a driver's license after certain suspensions, a person must first present proof to the department that the ignition interlock device has been removed.

The Act prohibits any person who has been convicted of a fraudulent practice in selling, bartering or otherwise dealing in motor vehicles, in this state or any other state, from being an owner, salesperson or dealer representative of a licensed motor vehicle dealer. Under current Code Section 322.6, the department may deny an application for a motor vehicle dealer license based on such a conviction. The prohibition would apply for five years following such a conviction.

The Act permits motor vehicle dealerships to move to another location within the dealership's community and to add another line-make of vehicles if the dealership's facility can accommodate an additional line-make.

The Act eliminates certain Code provisions relating to prorating motor vehicle and vehicle dealer license fees, as part of the transition from single-year to multiyear licensing.

The Act changes Code reference to governmental airport "sufficiency ratings" to "airport sufficiency reports."

Finally, the Act increases the fine for improperly passing a school bus from $25 to $100.

HOUSE FILE 2353 - Motor Vehicles Exempt From Registration Fees -- Distinguishing Registration Plates Exemption (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act relates to the ability of the Department of General Services or the state Department of Transportation to order the issuance of regular registration plates for certain exempted government vehicles. The Act adds vehicles used by persons in the Department of Economic Development who regularly are assigned duties relating to existing industry expansion or business attraction to the list of exempted vehicles. An exempted vehicle without this dispensation is issued a registration plate bearing the word "official."

HOUSE FILE 2392 - Nonresident Motor Vehicle Dealers -- Display of New Motor Trucks at Qualified Events (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act permits nonresident motor vehicle dealers to display motor trucks in this state at a qualified event. A qualified event is one that does not allow the sale of motor vehicles, is not open to the public, promotes the trucking industry, and is conducted within the area of the dealer's contractual responsibility. No temporary permit will be issued to a nonresident motor vehicle dealer unless the dealer's state provides reciprocity to a motor vehicle dealer licensed in Iowa. Permits may be issued for a period not to exceed 14 days upon payment of a $10 fee.

The Act takes effect April 6, 1998.

HOUSE FILE 2394 - Penalties for Homicide by Vehicle (full text of act)

BY LARSON. This Act allows for the suspension of a person's driver's license if the person is charged with homicide by vehicle under Code Section 707.6A, subsection 1 or 2. The state Department of Transportation, upon receiving notice from the clerk of court that an indictment or information has been filed charging a person with homicide by vehicle, shall notify the person that their license will be suspended effective 10 days from the issuance of the suspension notice. If a person is not convicted of the charge, the department shall rescind the suspension and reinstate the person's license. Financial responsibility requirements do not attach to those licenses which are reinstated as a result of the recision of the suspension. If a person is convicted of homicide by vehicle, the suspension will automatically terminate in favor of revocation of the person's license.

The Act also establishes that a person shall serve 100 percent of the maximum term of their sentence if the person is convicted of homicide by vehicle under Code Section 707.6A, subsection 1 or 2, and is also convicted of failing to stop and remain at the scene under Code Section 321.261, subsection 3.

HOUSE FILE 2412 - Incompetency of Motor Vehicle Operators -- Optometrists' Reports (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act extends to optometrists the same authority and immunity extended to physicians respecting reports to the state Department of Transportation concerning the identity of a person whom the optometrist has diagnosed as having a condition rendering the person incompetent to operate a motor vehicle. The optometrist is to make reasonable efforts to notify the subject of the report. The optometrist is immune from any civil or criminal liability which might otherwise be incurred as a result of the report. The optometrist has no duty to report the information to third parties. The report to the department is to be kept confidential.

HOUSE FILE 2424 - County Issuance of Motor Vehicle Licenses (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act expands the system of issuance of motor vehicle licenses by county treasurers from six counties (Adams, Cass, Fremont, Mills, Montgomery, and Page), to include up to an additional 42 counties. Prior provisions related to county issuance are repealed in conjunction with the creation of the new Code chapter. The six counties currently authorized to issue licenses are authorized to continue issuance, or may choose voluntary termination of issuance under the provisions of the Act.

Initial participation in expanded county issuance is limited to 42 additional counties. Counties served by permanent state Department of Transportation (DOT) sites are not eligible. Eligible counties which are interested must file with DOT written authorization from both the county treasurer and the board of supervisors prior to participation in license issuance. In the event that more than 42 counties indicate an interest in county issuance, preference will be given to counties that have both filed the appropriate authorizations and have been approved as part of "clusters."

The system of county issuance shall be implemented through the use of "clusters," groups of four to six contiguous counties that serve a population area comparable to that served by each DOT itinerant (traveling) license issuance team. Each cluster will replace a DOT itinerant team, but a proposed cluster need not contain the exact counties served by an existing itinerant team. Clusters must execute an agreement pursuant to Code Chapter 28E among participating counties.

Counties wishing to issue licenses should propose clusters, preferably combinations that will not cause DOT service difficulties (when remaining itinerant teams are scheduled and assigned) to counties surrounding the cluster. The department may oppose a proposed cluster if subsequent DOT service to such counties would be exceptionally difficult or result in a substantial reduction of annual service availability to such counties. A proposed cluster that is opposed because of service difficulties to neighboring counties can elect to offer service to the county posing the service difficulty to DOT. Clusters affected by the termination or voluntary discontinuance of county issuance by a participating county have a similar option of providing service in the terminated county, or replacing the terminated county with another contiguous county. Clusters that cannot resolve such problems will revert to service from DOT. The department and each of the issuing counties must execute a Code Chapter 28E agreement.

Commercial driver's license (CDL) issuance in a county must meet federal standards, and the state must certify that issuance of CDLs within the state is in compliance with the federal requirements. Counties must comply with the federal CDL standards and other provisions under Iowa law relating to CDL issuance. A county that observes these standards shall be certified as part of statewide compliance with federal standards. A county which fails to correct deficiencies in CDL issuance may have its privileges relating to CDL issuance terminated. Other counties in the cluster may then provide CDL services for the terminated county, but DOT has no obligation to offer such services within the terminated county.

An initial eight-week training session, follow-up training on-site, and continuing training are addressed by the Act. The department may not segregate department employees and county personnel in different training sessions. New county personnel must complete initial training before conducting licensing activity. New county treasurers must use best efforts to complete initial training as soon as possible; the issuance program within a county may be placed on probation if a new treasurer does not make reasonable efforts to begin training within three months of entering office.

Prior to implementation of a new digitized photolicensing agreement, the Act provides for an "opt-out period." Digitized photolicensing equipment is the combination of machines and materials that results in the on-site production of the driver's license. Due to the high costs of the equipment, participation in county issuance is timed to coincide with such equipment contract periods. A county can "opt out" or terminate participation in county issuance only during such specified opt-out periods prior to implementation of a new contract. It may do so by written notification to DOT during the time period set by DOT. A county that wishes to continue participation must indicate in writing to DOT that it wishes to continue. The time period for making such indications may be set at a time sufficiently in advance of the request for proposals (RFP) associated with the digitized photolicensing equipment so that DOT may accurately estimate how many counties will be participating in county issuance and how many sets of equipment will therefore be needed. The initial RFP for digitized photolicensing equipment shall be prepared by DOT in conjunction with the Auditor of State, and the responses presented to the General Assembly no later than January 2, 1999. If the General Assembly takes no action on the issue prior to March 1, 1999, DOT shall proceed with implementation of county issuance as detailed in this Act.

Issuing counties may retain $3.75 of the license fee for each issuance or renewal of a motor vehicle license or nonoperator identification card. Counties do not retain any fees for issuance of persons with disabilities identification devices (formerly known as handicapped permits). The DOT must purchase all equipment for issuance, including the digitized photolicensing equipment. The Act sets limitations on the number of sets of equipment allotted to each county and excludes DOT purchase of general office equipment, such as computers or fax machines that are not dedicated solely or primarily to issuance activities, and of office furniture.

The department shall retain all supervisory authority over issuance activities. County treasurers are agents of DOT when performing licensing functions. Approximate supervisor allocation and technical support, equal access for county treasurers to DOT computer databases, and DOT authority to adopt rules to implement the chapter are also addressed by the Act. The department and county treasurers must use good faith efforts in implementing the provisions of the chapter. Department employees who are displaced by implementation of county issuance shall be dealt with according to the provisions of their collective bargaining agreement.

With the enactment of S.F. 2113 (see Transportation), the Act directs the Code Editor to change all references to "motor vehicle license" contained in Code Chapter 321M and in this Act to "driver's license."

HOUSE FILE 2514 - Motor Vehicle Operation, Motor Carriers, and Transportation of Hazardous Materials (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act amends provisions relating to the transportation of hazardous materials to comply with changes in federal regulations by eliminating exemptions for small cargo tank motor vehicles transporting gasoline in intrastate commerce and for motor vehicles registered for a maximum gross weight of five tons or less. This provision takes effect October 1, 1998, but is contingent upon adoption of new federal regulations.

The Act limits fees paid by persons transporting hazardous waste off site to $2 for each ton transported, up to 2,500 tons. Under prior law, a fee of $2 was assessed for every ton of waste transported off-site. In addition, the Act limits fees for hazardous waste destroyed on-site to $2 for each ton destroyed, up to 500 tons. Prior law assessed a $2 fee for every ton of waste destroyed on-site.

The Act establishes that rubbish vehicles issued special permits under Code Section 321.473 that violate the weight restrictions of such permits must pay a fine which is based upon the difference between the actual weight of the vehicle and load, and the maximum weight allowed by the special permit.

The Act defines how distance in feet between axles is measured for purposes of the maximum gross weight tables.

The Act specifies that vehicles transporting raw materials to or from construction sites may have a 10 percent tolerance on weight restrictions only for travel on highways that are not on the interstate system and that follow a route of travel approved by the state Department of Transportation or the appropriate local authority. The Act also specifies that vehicles transporting materials to or from a construction project or commercial plant site may proceed on a route of travel approved by the department or local authority using the maximum gross weight table for interstate highways, or they may travel without department or local authority approval using the maximum gross weight table provided for livestock or construction vehicles.

The Act allows motor trucks to travel with parking or running lights on, without activating headlights.

The Act limits the ability of local authorities to impose laws on motor carriers that are more restrictive than certain Code sections.

The Act requires a court appearance for certain traffic violations that involve damages in excess of $1,000. Current law requires court appearances if damages are greater than $500.

The Act establishes the Judicial Department as the provider of public electronic access to the clerk's records of convictions and forfeiture of bail through the Iowa Court Information System. The department is authorized to collect a fee from vendors requesting records, which is the greater of $3,000 per month or the actual direct cost of providing such records.

The Act increases the scheduled fine to $100 for operators who violate an out-of-service order.

HOUSE FILE 2528 - Graduated Driver's Licenses (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act establishes a graduated driver's license for teenaged drivers, makes other changes related to teenaged drivers, and makes penalties applicable. The Act takes effect January 1, 1999, and applies to the issuance of any individual type of driver's permit or license and operation of a motor vehicle under that permit or license to a person who meets the minimum age qualification for that particular permit or license on or after January 1, 1999.

PERMITS AND LICENSES TO PERSONS UNDER AGE 18 - GENERAL PROVISIONS. New Code Section 321.180B is created to control the issuance of all permits and licenses to persons under age 18. The new Code section directly regulates the issuance of instruction permits to persons between the ages of 14 and 18, intermediate licenses to persons 16 or 17 years of age, and full driver's licenses to persons 17 years of age. The new Code section generally requires the consent of a parent or guardian each time any type of license or permit is issued to a person under 18 years of age. The new Code section also references the following Code sections:

Restricted Licenses. Code Section 321.178, which continues to regulate the issuance of restricted licenses to persons between the ages of 16 and 18, who have not completed an approved driver's education course, to allow the persons to travel to and from work or to transport dependents to and from temporary care facilities.

Motorized Bicycle Licenses. Code Section 321.189, which continues to regulate the issuance of a motorized bicycle driver's license to persons 14 years of age and older.

School Licenses. Code Section 321.194, which allows issuance of a school license for motor vehicle operation between the hours of 6 a.m. and 10 p.m. only if all of the following conditions are met:

• The person is age 14 or older.
• The person has not had the person's driving privileges suspended, revoked or barred under Code Chapter 321 or 321J during the six-month period immediately proceeding the date of application for the school license.
• The person has not been convicted of a moving traffic violation or involved in a motor vehicle accident for the six-month period immediately preceding the date of application for the school license.
• The person has successfully completed an approved driver education course, unless hardship is demonstrated to the satisfaction of the department.

If a school license has been revoked for two or more serious violations, a new license cannot be issued for one year. Driving under the school license between schools of enrollment for courses and extracurricular activities is limited to within the school district. A school principal, with the superintendent's authorization, may also certify special need to allow issuance of a school license.

INSTRUCTION PERMITS - Instruction Permits for Ages 14-18. New Code Section 321.180B regulates the issuance of instruction permits to persons between the ages of 14 and 18. Currently, a permittee 14 or 15 years of age driving a motor vehicle must be accompanied by a person who is a parent or guardian, an immediate family member at least 21 years of age, an approved driver education instructor or one in approved training, or a person at least 25 years of age with the written permission of the person's parent or guardian. The new Code section applies the qualifications currently applicable to drivers accompanying 14-year-olds or 15-year-olds to drivers accompanying 16-year-olds or 17-year-olds. The new Code section also prohibits a permittee from operating a motor vehicle if the number of passengers exceeds the number of passenger safety belts in the motor vehicle.

Instruction Permits for Ages 18 and Older. The Act requires that a person with an instruction permit who is 18 years of age or older be accompanied by an immediate family member at least 21 years of age, an approved driver education instructor or one in approved training, or a person at least 25 years of age. Only one motorcycle instruction permittee may be supervised by an accompanying person at any one time.

Motorcycle Instruction Permits. The Act also provides that whereas other instruction permits are valid for two years and are renewable, motorcycle instruction permits issued are not renewable.

INTERMEDIATE LICENSES. The new Code section also regulates the issuance of intermediate licenses. An intermediate license may only be issued if all of the following conditions are met:

• The person is age 16 or 17.
• The person has possessed an instruction permit for at least six months.
• The person has the consent of a parent or guardian.
• The person presents an affidavit showing at least 20 hours of qualified street or highway driving of which two hours were conducted after sunset and before sunrise.
• The person has not had the person's driving privileges suspended, revoked or barred under Code Chapter 321 or 321J during the six-month period immediately preceding the date of application for the intermediate license.
• The person has been accident and conviction free continuously for the six-month period immediately preceding the date of application for the intermediate license.
• The person is physically and mentally competent to operate a motor vehicle.
• The person has satisfactorily completed an approved driver education course.

A driver issued an intermediate license may drive without an accompanying person between the hours of 5 a.m. and 12:30 a.m., but, between the hours of 12:30 a.m. and 5 a.m., must be accompanied by a person who, unless the driver possesses a waiver for school-related extracurricular activities or for work, is a parent or guardian, an immediate family member at least 21 years of age, an approved driver education instructor or one in approved training, or a person at least 25 years of age with the written permission of the person's parent or guardian. Passengers cannot exceed the number of passenger seat belts in the motor vehicle operated by the person with the intermediate license.

DISTINCTIVE FEATURES ON PERMITS AND INTERMEDIATE LICENSES. The Act provides that instruction permits must be color bar coded and that intermediate licenses must be color bar coded and must contain the words "intermediate license" printed on the face of the licenses.

REMEDIAL DRIVER IMPROVEMENT ACTION OR SUSPENSION OF INSTRUCTION PERMIT OR INTERMEDIATE LICENSE. The new Code section provides that upon conviction of a moving traffic violation or involvement in a motor vehicle accident, a person possessing an instruction permit or intermediate license shall be subject to remedial driver improvement action or suspension of the permit or license. In addition, the person possessing an instruction permit shall not be issued an intermediate license until the person has completed the remedial driver improvement action and has been accident and conviction free for six months. A person possessing an intermediate license shall not be issued a full driver's license until the person has been accident and conviction free for 12 months.

FULL DRIVER'S LICENSES. The new Code section also provides that a full (unrestricted) driver's license may be issued if all of the following conditions are met:

• The person is age 17.
• The person has possessed an intermediate license for at least 12 months.
• The person presents an affidavit showing at least 10 hours of qualified street or highway driving of which two hours were conducted after sunset and before sunrise.
• The person has not had the person's driving privileges suspended, revoked or barred under Code Chapter 321 or 321J during the 12-month period immediately preceding the date of application for the full driver's license.
• The person has been accident and conviction free for the 12-month period immediately preceding the date of application for the full driver's license.

MOTORCYCLE EDUCATION. The Act provides that the motorcycle education requirements currently applicable to persons under 18 years of age applying for a driver's license valid for the operation of a motorcycle will apply to persons under 18 years of age applying for either an intermediate or a full driver's license valid for the operation of a motorcycle.

MOTORCYCLE RIDER EDUCATION FUND. The current Code provision establishing the Motorcycle Rider Education Fund is moved from current Code Section 321.189 to the new Code section.

DRIVER EDUCATION COURSES. The Act allows, unless requested by a parent, guardian or instructor, the excusal from a field test demonstrating a student's ability to operate a motor vehicle for persons successfully completing an approved driver education course. The Act also allows the state Department of Transportation to certify persons to provide street or highway driving instruction and field tests other than persons qualified as classroom driver education instructors. Additionally, persons are now allowed to teach classroom or laboratory driver's education with either an elementary or secondary level teaching license.

PENALTIES AND FINANCIAL RESPONSIBILITY. A suspension issued for a violation of new Code Section 321.180B does not carry the civil penalty of $50 applicable to other suspensions under Code Chapter 321. The Act further provides that a person who has violated new Code Section 321.180B and whose driver's license or operating privileges have been suspended or revoked is not required to maintain proof of financial responsibility under Code Chapter 321A. The Act applies a $20 scheduled fine to operating a motor vehicle in violation of the conditions or restrictions of Code Section 321.180B.

PROBATION PERIOD AFTER RESTORATION OF DRIVING PRIVILEGES. The Act requires a probation period for any person whose driver's license or operating privileges have been suspended, revoked or barred under Code Chapter 321 for a moving traffic violation, or suspended or revoked for a violation in another state, or suspended, revoked or barred under Code Chapter 321J relating to operating a motor vehicle while intoxicated (OWI). If the person is convicted of a moving traffic violation during the probation period, the department is authorized to suspend the driver's license or operating privileges of the person for an additional period equal to the original period of suspension, revocation or bar, or for one year, whichever is shorter.

LEGISLATIVE STUDY. The Act requests the Legislative Council to establish a study of driver's education.

RELATED LEGISLATION

SENATE FILE 2136 --Substantive Code Corrections (Complete summary under STATE GOVERNMENT.)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities by making a change pertaining to owner and operator liability for injury or damage caused by all-terrain vehicles or snowmobiles.

SENATE FILE 2267 --Department of Transportation Records -- Release to Governmental Employees (Complete summary under STATE GOVERNMENT.)

This Act provides for the release of information by the state Department of Transportation based on vehicle registration numbers to certain government employees and provides for the conditions governing release of the information by a law enforcement agency to any person.

SENATE FILE 2294 --Payment of Snowmobile and All-Terrain Vehicle Fees (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act provides that a snowmobile and all-terrain vehicle dealer shall pay all title fees on behalf of a purchaser of a snowmobile or all-terrain vehicle.

SENATE FILE 2407 --Excise Tax on Motor Fuel Containing Ethanol (Complete summary under TAXATION.)

This Act extends the one cent tax reduction granted for ethanol to June 30, 2007. A tax rate of 20 cents per gallon is imposed on all motor fuel used by vehicles except ethanol, which is taxed at a rate of 19 cents per gallon.

SENATE FILE 2410 --Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes provisions for the fee charged for reinstatement of motor vehicle licenses to be allocated to local juvenile justice programs.

SENATE FILE 2415 --Iowa Agricultural Industry Finance Act and Related Provisions (Complete summary under ECONOMIC DEVELOPMENT.)

This Act amends Code Section 423.24 by allocating use tax moneys on motor vehicles, trailers and motor vehicle accessories and equipment, previously transferred to the Iowa Comprehensive Petroleum Underground Storage Tank Marketability Fund to the Department of Economic Development for purposes of financing of enterprises owned by agricultural producers which produce, process and market high value agricultural products.

HOUSE FILE 2135 --Mid-America Port Commission Agreement (Complete summary under ECONOMIC DEVELOPMENT.)

This Act provides that the Mid-America Port Commission Agreement is entered into and enacted into law with the State of Illinois and the State of Missouri if those states join the agreement in substantially the same form. The agreement provides that the Mid-America Port Commission shall be governed by a nine-member port commission and provides a list of certain powers and duties the port commission shall have related to the operation of the port commission. The Act provides that the Iowa counties of Lee, Henry and Des Moines shall be included in the jurisdiction of the agreement.

HOUSE FILE 2339 --Underground Storage Tanks -- No Further Action Fund (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act creates a "No Further Action Fund" under the control of and administered by the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board. Moneys in the fund may be used for reimbursement for corrective action under certain conditions. Moneys remaining in the fund on June 30, 2006, which are not held in reserve for a claim, and any moneys remaining on June 30, 2008, are credited to the Road Use Tax Fund.

HOUSE FILE 2395 --Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act creates a Railroad Revolving Loan Fund to be administered by the state Department of Transportation.

HOUSE FILE 2454 --Motor Vehicle Proof of Financial Responsibility (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act amends provisions relating to the motor vehicle mandatory financial provisions passed during the 1997 Legislative Session. The Act corrects certain inconsistencies and clarifies provisions relating to mandatory financial liability coverage requirements and the enforcement of those requirements. The Act takes effect April 17, 1998, and is retroactively applicable to July 1, 1997.

HOUSE FILE 2482 --Crimes Relating to Railroad Property (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act establishes criminal offenses of criminal trespass upon the property owned, leased or operated by a railway corporation; stowing away in or on a train or train component; and railway vandalism.

HOUSE FILE 2499 --Appropriations -- Transportation (Complete summary under APPROPRIATIONS.)

This Act makes appropriations from the General Fund of the State and the Road Use Tax Fund to the state Department of Transportation, and from the Primary Road Fund to the Department of Public Safety, and from the Motorcycle Rider Education Fund to a mobile motorcycle education program, and contains related statutory provisions.

HOUSE FILE 2541 --Use Tax Exemption for Vehicles Used in Interstate Commerce (Complete summary under TAXATION.)

This Act exempts a commercial vehicle from use tax until the vehicle is sold or transferred if for each of the first four years of operation 25 percent of the miles operated are in interstate commerce.

HOUSE FILE 2560 --Aircraft Registration Fees and Sales Tax Exemptions (Complete summary under STATE GOVERNMENT.)

This Act provides for changes to aircraft registration fees and exempts sales, services and use taxes on purchases of aircraft if such aircraft is used by a dealer in certain rental and leasing agreements.

© 1998 Cornell College and League of Women Voters of Iowa

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