2000 Summary of Legislation TRANSPORTATION Published by the Iowa General Assembly -- Legislative Service Bureau

TRANSPORTATION LEGISLATION

SENATE FILE 2147 - Motor Vehicle Regulation -- Miscellaneous Provisions (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes various Code changes relating to motor vehicle registration and titling, motor vehicle dealer licensing, motor vehicle enforcement, and motor carrier authority.

   The Act makes several changes to Code Sections 321.20A, 321.25, 321.46, 321.52, and 321.89, relating to the times for applying for motor vehicle registration, certificates of title, and junking certificates, by extending the time period from 15 to 30 days.

   The Act amends Code Section 321.30, relating to grounds for refusing vehicle registration or titling, to direct the Iowa Department of Transportation (IDOT) or the county treasurer to refuse registration of a vehicle unless the applicant has an Iowa driver's license or the application is made by more than one applicant and one of the applicants is at least 18 years of age.

   The Act amends Code Section 321.50, relating to security interest provisions on certificates of title, to allow any county to note the release of a lien by a lienholder on the face of the certificate of title.

   The Act also amends Code Section 321.58, relating to applications for special dealer certificates and plates, to eliminate a requirement that a licensed new motor vehicle wholesaler furnish proof of written authorization from the manufacturer of the new motor vehicle of the person's status as a wholesaler of the vehicle.

   The Act creates new Code Section 321.101A, permitting the county treasurer to revoke the registration and registration plates for a vehicle if the registration fees are paid by check and the payer's financial institution dishonors the check.

   The Act strikes a provision in Code Section 321.123 subjecting trailers and bulk spreaders that are not self-propelled, have a gross weight of not more than 12 tons, and are used for the transportation of fertilizers and chemicals used for farm crop production, to a registration fee of $5.

   The Act amends Code Section 321.454, relating to the width of vehicles operated on the highways of this state, to provide that all vehicles operated on Iowa highways shall be allowed a total outside width, exclusive of safety equipment and certain other appurtenances, of 8 feet 6 inches.

   The Act also amends Code Section 321.457 to provide that the maximum length for a lowboy semitrailer, laden or unladen, which is designed and exclusively used for the transportation of construction equipment, is 57 feet when used as a truck tractor-semitrailer combination. This provision takes effect March 29, 2000.

   The Act revises the schedule of fines for violations of the maximum gross weight restrictions on vehicles in Code Section 321.463. The fine schedule is expanded to include specific fines for vehicles overloaded by more than 6,000 to more than 20,000 pounds and provides for a set fine for each level of violation, except overloading by more than 20,000 pounds, rather than a set fine for each level plus an additional amount based on the number of pounds by which the vehicle is overloaded.

   The Act amends Code Sections 321F.4, 321H.4, 322.7, 322.29, 322B.4, 322C.4, and 322C.9, relating to licenses for the leasing of vehicles, authorized vehicle recycler licenses, motor vehicle dealer licenses, motor vehicle manufacturer's, distributor's and wholesaler's licenses, mobile home manufacturer's and distributor's licenses, travel trailer dealer's licenses, and travel trailer manufacturer's and distributor's licenses, respectively. The Act provides that holders of such licenses shall have a one-month license renewal grace period after expiration of the license. Persons failing to renew their license within the grace period who desire to hold a license are required to file a new license application and pay the required fee.

   The Act also amends Code Section 322.29 to allow persons who rebuild vehicles into ambulances, rescue vehicles, or fire vehicles to be issued a license as a new motor vehicle wholesaler without written authorization from the vehicle manufacturer and to allow persons who rebuild vehicles into towing or recovery vehicles, as newly defined by the Act, or who install certain equipment on new large motor trucks, to likewise obtain such license.

   The Act amends Code Section 325A.3, relating to applications for and issuance of motor carrier permits and certificates, to require a motor carrier to keep such permits or certificates, or copies of such permits or certificates, in the vehicle being operated by the motor carrier and to show the permits, certificates or copies to any peace officer upon request. Persons violating this requirement would be subject to a scheduled fine of $50 under Code Section 805.8.

   The Act also makes several changes in Code Chapter 325A, relating to motor carrier authority, which are necessary to comply with federal legislation which preempted the ability of states to regulate charter carriers in regard to rates, routes and service. The Act modifies a provision in Code Section 325A.2, prohibiting a local authority from imposing any regulations upon the operation of motor carriers that are more restrictive than those regulations in the Code, by including within the prohibited regulations special registration or inspection requirements.

   The Act amends Code Section 325A.3 by eliminating a requirement that the application for a motor carrier permit or certificate contain a sponsor certification of support statement provided by charter carriers establishing a need for the proposed motor carrier service. The Act also provides that IDOT may deny issuance of such a permit or certificate if there is evidence the motor carrier cannot comply with the requirements of Code Chapter 325A or the rules and regulations adopted pursuant to that Code chapter.

   The Act changes the term for the certificate required to be obtained by a charter carrier that transports passengers pursuant to Code Chapter 325A from a "certificate of convenience and necessity" to a "charter passenger certificate."

   The Act amends Code Section 325A.13, relating to certificates for motor carriers of passengers, by prohibiting a charter carrier of passengers from operating as a regular-route passenger carrier unless it holds a regular-route passenger certificate. Persons violating this provision would be subject to a scheduled fine of $250 under Code Section 805.8.

   The Act repeals Code Sections 325A.14, 325A.15, 325A.17, 325A.18, 325A.19, and 325A.20, relating to applications for charter carrier or regular-route passenger certificates, protests against such applications, uncontested application procedure, granting of applications, payment of expenses for hearings on contested applications, and review of decisions on applications, respectively.

   The Act strikes Code Section 325A.16, providing for the adoption of rules by IDOT, to establish the procedure for filing motor carrier passenger certificate applications, and by the Department of Inspections and Appeals for the conduct of hearings regarding objections by other persons to the issuance of a motor carrier certificate to an applicant. The stricken language is replaced with language providing a procedure for persons whose applications for permits or certificates under Code Chapter 325A have been denied, or whose permits or certificates have been suspended, to contest the decision.

   The Act also amends Code Section 325A.21, relating to the transferability of certificates of convenience and necessity and regular-route passenger certificates, by eliminating the provisions relating to the transferability of certificates of convenience and necessity (renamed charter passenger certificates pursuant to the Act).

   The Act makes several Code changes relating to IDOT's motor vehicle registration and titling system, including modification of the information required on applications for motor vehicle registration and certificate of title. These changes take effect July 1, 2001.

   The Act amends Code Section 321.20, relating to applications for motor vehicle registration and certificate of title, to specify that the application must contain the owner's full legal name rather than simply the owner's name; to require the application to include certain information pertaining to any lessee of the vehicle; and to allow up to three owners' names to be listed on the application. Code Section 321.20 is also amended to provide that if the vehicle is owned by a nonresident, the application is to include certain information pertaining to the primary user of the vehicle and to require IDOT to adopt rules on the method for providing applicants' signatures for applications made by electronic means. Code Section 321.20 is also amended to provide an exception that information relating to the lessee of a vehicle shall not be required on an application for a vehicle with a gross vehicle weight rating of 26,000 pounds or more.

   The Act amends Code Section 321.24, relating to the issuance of motor vehicle registrations and certificates of title, to provide that up to three owners of a motor vehicle may be listed on a registration receipt and certificate of title and to require that the title number assigned to the owner or owners of a vehicle appear only on the certificate of title and not on the registration receipt.

   The Act amends several provisions in Code Section 321.42, relating to lost or destroyed certificates of title, to provide that the copy of the certificate issued by the department or county treasurer shall be a replacement copy rather than a certified copy and to provide that such copy shall be clearly marked "replacement" rather than "duplicate." Code Section 321.42 is also amended to eliminate a requirement that the replacement copy be identical to the original.

   The Act amends Code Section 321.50, relating to security interest provisions on certificates of title, to provide that up to three security interests may be perfected against a vehicle and shown on an Iowa certificate of title.

   The Act also amends Code Sections 321.157 and 321.159, relating to schedules of prices and weights of various models of motor vehicles sold or offered for sale in the state. The Act provides that, in lieu of filing a sworn statement showing the various models manufactured by the manufacturer, importer, distributor, dealer, or other person, and the retail list price and weight of each model, a manufacturer or importer may electronically provide the information to the department, or, if the manufacturer or importer provides the required information to a third-party vendor, the manufacturer or importer shall make the information available to the department through the third-party vendor.

SENATE FILE 2156 - Authorized Emergency Vehicles -- Blue Lights (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act permits a blue light to be used on an authorized emergency vehicle if the blue light is on the passenger side of the vehicle and is used in conjunction with a red light positioned on the driver side of the vehicle. The Act prohibits a person from using only a blue light on a vehicle unless the vehicle is a fire department vehicle or is owned by a member of a fire department and authorized by the chief of the fire department.

   Currently, the use of any blue light on a vehicle is reserved solely for fire department vehicles and vehicles owned by fire department members and authorized by the chief of the fire department. A violation of this provision is a scheduled violation punishable by a scheduled fine of $20.

SENATE FILE 2164 - Dust Control on Municipal Streets -- Primary Road Fund Expenditure (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act amends Code Section 313.4, relating to disbursements from the Primary Road Fund, to provide that the Iowa Department of Transportation may use moneys from the fund for dust control on a municipal street within a municipal street system if such street has a notable increase in traffic due to closure of a road by the department for purposes of establishing, constructing or maintaining a primary road.

SENATE FILE 2194 - Vacation of Roads and Rights-of-Way (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act provides that the agency which has jurisdiction over a road may vacate a road right-of-way held by easement without a public hearing if the vacation will not change the existing traveled portion of the road or deny access to the road by adjoining landowners.

   The Act also eliminates a requirement that an agency holding a hearing on the vacation of a road, part of a road, or railroad crossing within its jurisdiction notify, by regular mail, all property owners located outside the boundary of a city who own 10 or more acres of land within one mile of the road. The public notice requirements, and the notice requirements for adjoining landowners, remain in place.

SENATE FILE 2256 - Soydiesel Fuel Pilot Project (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act directs the Iowa Department of Transportation to conduct a biodiesel fuel pilot project at two field garages in the state which have underground diesel fuel storage tanks. The department shall use biodiesel fuel in motor vehicles that operate on diesel fuel. The pilot project is contingent upon an appropriation to the department for assistance in purchasing biodiesel fuel. The department is to file with the General Assembly a preliminary report by February 1, 2001, and a final report by January 1, 2002.

   The Act requires department motor vehicles operating on biodiesel fuel to be affixed with a sticker notifying the traveling public that the vehicle uses biodiesel fuel. The Act defines "biodiesel fuel," for purposes of the Act, as "soydiesel fuel" as defined in Code Section 159A.2. Code Section 159A.2, providing definitions for the Code chapter relating to the research and promotion of renewable fuels and coproducts, is also amended to modify the definition of "soydiesel fuel" by imposing a requirement that the processed soybean oil which is mixed with the diesel fuel meet American Society for Testing and Materials standards.

SENATE FILE 2313 - Driver Licensing, Authorized Emergency Vehicles, and Miscellaneous Motor Vehicle Provisions (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes several Code changes in Code Chapters 321, 321G and 321J relating to driver licensing, the use of child restraints and seat belts for children, the designation of certain vehicles as authorized emergency vehicles, and liability for damages resulting from the operation of certain vehicles.

   The Act amends Code Section 321.11, relating to the records of the Iowa Department of Transportation (IDOT), to provide that personal information maintained by the department in regard to an individual shall not be disclosed to a person requesting the information, other than certain persons allowed by federal law, unless the individual has given express written consent to such disclosure. This provision takes effect April 21, 2000. Currently, such information is disclosed to requestors if the individual did not elect to prohibit disclosure to the general public.

   The Act amends Code Section 321.178, relating to driver education, to specifically provide that a person shall not be required to hold a current Iowa teacher or administrator license at the elementary or secondary level or to have satisfied the educational requirements for an Iowa teacher license at the elementary or secondary level in order to be certified by IDOT or authorized by the Board of Educational Examiners to provide street or highway driving instruction. The Act amends Code Sections 321.188 and 321.196 to provide that a driver's license is renewable without a driving skills test within one year after its expiration date, unless federal law provides otherwise.

   The Act amends Code Section 321.208, relating to the disqualification of persons from operating commercial motor vehicles for the commission of certain acts or offenses, to provide that a person can be disqualified from operating a commercial motor vehicle while any amount of a controlled substance is present in the person, as measured in the person's blood or urine. Pursuant to Code Section 321.218, a person who operates a commercial motor vehicle when disqualified under Code Section 321.208 commits a serious misdemeanor if a commercial driver's license is required for the person to operate the commercial motor vehicle.

   The Act amends Code Section 321.210D, providing for suspension of a person's driver's license when the person is charged with the offense of homicide by vehicle, by eliminating a provision that allows such suspension if the person's license has not previously been suspended under Code Chapter 321J for operating while intoxicated.

   The Act also amends Code Section 321.215, relating to temporary restricted driver's licenses and permits, to eliminate the authority of IDOT to issue a temporary restricted license that allows for commercial driver's license privileges, in order to facilitate compliance with federal regulations. The Act makes corresponding Code language changes in Code Sections 321J.4, 321J.13 and 321J.20 to specify that a temporary restricted license may only be issued if the sanctioned license was noncommercial.

   Code Section 321.446, relating to child restraint devices in vehicles, is amended to require children under six years of age to be in a child restraint system or safety belt when transported in a motor vehicle subject to registration. The Act provides an exception to this requirement for children transported in motor homes, unless the child is transported in the front passenger seat of the motor home. Currently, the use of a child restraint system or safety belt is not required when a child is transported in a motor vehicle that has a gross weight of 10,000 pounds or more.

   The Act amends Code Section 321.451, relating to designation of vehicles by the Director of Transportation as authorized emergency vehicles, to provide that privately owned state or county medical examiner vehicles, sheriffs' or deputy sheriffs' vehicles, police officer vehicles, and certain fire chiefs' vehicles may be so designated. The Act requires the application for a certificate of designation to contain certain information and requires the certificate of designation to be carried in the vehicle designated. The certificate may be revoked by the director upon a showing of abuse.

   Code Section 321.556, relating to notice and hearing for persons determined to be habitual offenders of certain motor vehicle laws, is amended to eliminate a requirement that the notice direct the person named in the notice to appear for hearing and show cause why the person should not be barred from operating a motor vehicle. The elimination of this requirement agrees with the current IDOT practice of allowing hearings to be held by telephone conference.

   The Act also amends Code Section 321G.18 to provide that the owner of an all-terrain vehicle or snowmobile shall be liable for injury or damage occasioned by the negligent operation of the vehicle only if the owner was the operator of the vehicle or if the operator had the owner's consent to operate the vehicle.

SENATE FILE 2315 - Motor Vehicle Lemon Law (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes various Code changes in and relating to the Motor Vehicle Lemon Law in Code Chapter 322G.

   The Act amends Code Section 322G.12, relating to the resale of vehicles returned to a manufacturer pursuant to a settlement, determination or decision under the Motor Vehicle Lemon Law, to require a manufacturer who accepts such a return to obtain a new certificate of title for the vehicle in the manufacturer's name. The motor vehicle shall be titled in the county of the transferor's residence and the manufacturer shall be exempt from the registration fee requirements. The Act provides that a manufacturer's acceptance of such a return shall not be considered a "use" subject to the use tax on motor vehicles. The Act also modifies the definition of a "settlement," for purposes of Code Section 322G.12, to include an agreement entered into between the manufacturer and the consumer that occurs after the thirtieth day following the manufacturer's receipt of the consumer's written notification of the nonconformity of a motor vehicle manufactured by the manufacturer and purchased by the consumer.

   The Act also amends Code Sections 321.24 and 322G.12 to require the Iowa Department of Transportation or the county treasurer to include a designation indicating a motor vehicle was returned to the manufacturer on the registration receipt and certificate of title for a returned vehicle and every subsequently issued registration receipt or certificate of title, whether the prior certificate of title was issued in Iowa or another state. The department is to determine the manner in which Iowa's and other states' designations are to be indicated on Iowa registration receipts and certificates of title and may determine that a "REBUILT" or "SALVAGE" designation supersedes the returned designation and include the "REBUILT" or "SALVAGE" designation on the registration receipt and certificate of title in lieu of the returned designation.

   Manufacturers who do not comply with the provisions of Code Chapter 322G may be subject to an administrative fine of up to $1,000 levied by the Attorney General pursuant to Code Section 322G.9.

   The Act takes effect January 1, 2001.

SENATE FILE 2329 - Transportation Regulation -- Miscellaneous Provisions (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes several transportation-related Code changes. The Act amends a provision regarding lessee information on applications for vehicle registration and certificate of title added by S.F. 2147. The Act provides that lessee information on such applications is not required for vehicles with a gross vehicle weight rating of 10,000 pounds or more rather than 26,000 pounds or more.

   The Act requires the Iowa Department of Transportation to adopt rules concerning hours of service for drivers of vehicles operated for hire and designed to transport more than eight persons, including the driver. The Act provides that the rules shall not apply to certain vehicles regulated by local authorities.

   The Act revises the definition of "selling" to include "delivering" for the purposes of Code Chapter 322 regulating motor vehicle manufacturers, distributors and dealers.

   The Act also makes several railroad-related Code changes. The Act provides that a railway corporation shall not close a railway crossing to the traveling public for more than 30 days for the purpose of repairing or upgrading the crossing. A railway corporation that violates the prohibition is subject to a Schedule 1 penalty of $100.

   The Act doubles the fine from $50 to $100 for violations of Code provisions requiring vehicle operators to obey signals of the immediate approach of a train, stop signals, and signs at railroad crossings, and certain stopping requirements at railroad crossings for certain vehicles carrying passengers for hire, school buses, vehicles carrying hazardous material, and heavy equipment. The Act also provides that such violations are punishable by a fine of $200 if the violation created an immediate threat to the safety of a person or property.

SENATE FILE 2330 - Low-Speed Vehicles (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act defines a low-speed vehicle, for purposes of Code Chapter 321, "Motor Vehicles and Law of the Road," as a motor vehicle manufactured in compliance with the National Highway and Traffic Safety Administration standards for low-speed vehicles. The Act deems compliance with the equipment requirements in the standards to be compliant with the equipment requirements of Code Chapter 321.

   The Act provides that the manufacturer's or importer's certificate accompanying an application for registration and certificate of title for a new low-speed vehicle shall certify the vehicle was manufactured in compliance with the standards.

   The Act excludes low-speed electric vehicles from Code Section 321.116, which provides a lower annual registration fee for electric motor vehicles than for other motor vehicles.

   The Act also prohibits low-speed vehicles from being operated on streets with posted speed limits greater than 35 miles per hour, except when crossing such a street. A violation of this prohibition is a simple misdemeanor.

SENATE FILE 2455 - Retired United States Armed Forces Motor Vehicle License Plates (full text of act)

   BY IVERSON AND GRONSTAL. This Act provides that persons who are recognized by the U.S. armed forces as retired from the U.S. armed forces are considered to be "retired" for purposes of obtaining a U.S. armed forces retired motor vehicle license plate. Currently, only persons who have served 20 years or longer or persons who have served 10 years or longer and received an honorable discharge due to a medical disqualification are eligible to receive the special plate.

HOUSE FILE 620 - Persons With Disabilities -- Wheelchair Parking Cones -- Trailer Registration Plates (full text of act)

   BY COHOON. This Act makes several Code changes relating to parking for persons with disabilities who use wheelchairs. The Act provides that certain owners of trailers used to transport wheelchairs may apply for persons with disabilities registration plates for the trailers, in addition to any persons with disabilities registration plates ordered by the person for a motor vehicle used to tow such a trailer.

   The Act also amends Code Section 321L.2A to provide that a person issued a persons with disabilities parking permit who uses a wheelchair due to a disability that renders the person permanently unable to walk may park in certain parking spaces and reserve up to an 8-foot space adjacent to the motor vehicle for purposes of exiting and entering the motor vehicle if several conditions are met. The person must place a wheelchair parking cone within 8 feet of the motor vehicle's entry and display the persons with disabilities parking permit in the motor vehicle in the manner provided in Code Section 321L.4. The motor vehicle and the wheelchair parking cone must not obstruct an aisle, street or roadway so that other vehicles are unable to pass through the aisle, street or roadway and the parking space must be provided by the state, a political subdivision of the state, or an entity providing nonresidential parking, whether or not designated as a persons with disabilities parking space. A person issued a persons with disabilities parking permit who does not meet these requirements when using a wheelchair parking cone is subject to a scheduled fine of $20. A person who interferes with a wheelchair parking cone properly placed is subject to a scheduled fine of $100.

   The Act modifies a requirement that a persons with disabilities parking permit only be displayed when the motor vehicle is parked in a persons with disabilities parking space and a provision that the requirement be included in information contained on a removable windshield placard, to provide an exception for persons parking in other spaces pursuant to Code Section 321L.2A, as amended. The Act also provides that persons with disabilities windshield placards issued prior to July 1, 2000, may be used until they otherwise become invalid, notwithstanding the modified information requirements for such placards.

HOUSE FILE 2248 - Proof of Motor Vehicle Financial Responsibility (full text of act)

   BY COMMITTEE ON COMMERCE AND REGULATION. This Act amends Code Section 321A.25 to provide that a person may prove motor vehicle financial responsibility by filing an endorsed certificate of deposit with the Treasurer of State. The certificate of deposit shall be made payable jointly to the person and the Treasurer of State and shall be obtained from an Iowa financial institution in the amount of $55,000 plus any early withdrawal penalty fee. Currently, Code Section 321A.25 provides that a person may prove motor vehicle financial responsibility by depositing with the Treasurer of State $55,000 in cash, or securities which may legally be purchased by a state bank or trust funds of a market value of $55,000. The Act also makes corresponding language changes relating to the filing of the certificates of deposit in Code Sections 321.1, 321A.18, 321A.27, and 321A.29.

   The Act takes effect March 30, 2000.

HOUSE FILE 2368 - Implements of Husbandry (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act amends Code Section 321.463, relating to the maximum gross weight allowed for vehicles operated on the highways of this state, by modifying the weight restrictions enacted by the 1999 Session of the General Assembly relating to fence-line feeders, grain carts, and tank wagons manufactured on or after July 1, 2001, and, after July 1, 2005, to all such vehicles. The Act eliminates a provision allowing a 20 percent tolerance over the maximum weight restrictions otherwise allowed by Code Chapter 321 for fence-line feeders, grain carts, and tank wagons, replacing it with set weight restrictions. The Act provides that the weight on any one axle of a fence-line feeder, grain cart, or tank wagon shall not exceed 24,000 pounds from February 1 through May 31 or 28,000 pounds from June 1 through January 31, provided, however, that the maximum gross vehicle weight of the vehicle shall not exceed 96,000 pounds.

   The Act provides that a fence-line feeder, grain cart, or tank wagon shall comply with the weight restrictions for other vehicles over bridges. A local authority may issue a special permit, based on a statewide standard developed by the Iowa Department of Transportation (IDOT), for the operation of a fence-line feeder, grain cart, or tank wagon over a bridge within its jurisdiction.

   The Act also directs IDOT to continue the implements of husbandry study required by the 1999 Session of the General Assembly, as the study pertains to tracked vehicles. The department is required to report its findings and recommendations to the General Assembly by December 1, 2000.

HOUSE FILE 2458 - Transportation -- Aviation (full text of act)

   BY COMMITTEE ON ECONOMIC DEVELOPMENT. This Act relates to aviation transportation issues in the state.

   The Act states the findings of the General Assembly that air service and aviation issues should be given a higher priority within state government and that improved communication and coordination between various state agencies regarding aviation issues is necessary.

   The Act provides that, by July 1, 2000, the Department of Economic Development and the Iowa Department of Transportation (IDOT) shall jointly establish a committee on air service consisting of at least nine members and composed of geographically diverse representatives of the business community and airports in the state and shall include representatives from IDOT and the Department of Economic Development. The Act provides that the committee shall report to the General Assembly by September 1, 2000, regarding issues related to air service. The Act provides that the report shall include, at a minimum, findings and recommendations on the current unmet needs of Iowa business and leisure travelers, how a total transportation system of highways, rail and airports can be better networked to meet air service needs, and whether a permanent air service council is needed to study issues related to air service in Iowa.

   The Act provides that the Joint Appropriations Subcommittee on Transportation, Infrastructure and Capitals of the General Assembly shall review existing and potential funding streams for airports.

   The Act takes effect May 11, 2000.

HOUSE FILE 2477 - Nonhighway Transportation (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes several Code changes relating to nonhighway transportation.

   The Act defines "Midwest regional rail system" as the passenger rail system identified through a multistate planning effort in cooperation with Amtrak, for purposes of Code Chapter 327J, relating to passenger rail service; exempts aircraft displayed in museums from aircraft registration and registration fee requirements; and expresses the intent of the Legislature that Road Use Tax Fund moneys not be used to support passenger rail service.

   The Act amends Code Section 327J.3, relating to administration by the Director of Transportation of the Passenger Rail Service Revolving Fund and of activities related to passenger rail service, to allow the director to enter into agreements with Amtrak and the other states associated with the Midwest regional rail system to develop a rail passenger system serving the Midwest, including service from Chicago to Omaha through Iowa.

   The agreements may include cost-sharing arrangements for costs associated with initiating service and other necessary costs and joint powers agreements and other institutional arrangements associated with the administration, management and operation of a Midwest regional rail system. The section is also amended to require the director to enter into discussions with Iowa's congressional delegation to foster rail passenger service in Iowa and the Midwest and to maximize federal funding for such service. The director is permitted to provide assistance and enter into agreements with cities on the route of the system to ensure that rail stations and terminals are designed and developed in accordance with certain objectives.

   The Act also requires the Director of Transportation to report annually to the General Assembly concerning the development and operation of the system and the state's rail passenger service.

   Currently, Code Section 327J.3 requires the director to enter into various discussions with the states of Illinois and Nebraska, Amtrak, and Iowa's congressional delegation for the purpose of securing Amtrak passenger service from Chicago to Omaha using the Chicago and Northwestern Transportation Company railroad tracks. The Code section also currently allows the director to provide technical assistance to cities along the proposed Amtrak route to ensure that passenger facilities meeting Amtrak requirements are available in a timely manner and requires the director to report regularly to the General Assembly concerning the progress of efforts to secure central Iowa Amtrak passenger service.

HOUSE FILE 2480 - Motor Vehicle Registration Periods (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act amends several Code provisions relating to the registration of vehicles to allow a three-month period for renewal of a vehicle registration and to allow persons registering a vehicle for the first time in the eleventh month of what will be the person's registration year to register the vehicle for the remaining eleventh and twelfth months of what will be the person's registration year or for the eleventh and twelfth months and for the following registration year, upon payment of the applicable prorated registration fee and full-year registration fee. The new provisions do not apply to vehicles registered under Code Chapter 326. Code Chapter 326 allows for proportional registration between Iowa and other states of fleets of certain commercial vehicles.

   The Act takes effect July 1, 2001.

HOUSE FILE 2512 - Rented Motor Vehicles -- Stopping, Standing, or Parking Violations (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act amends a provision in Code Section 321.484, relating to the liability of owners of vehicles for certain stopping, standing or parking violations committed by a person other than the owner, to exempt the owner if the owner establishes that the vehicle was in the custody of a person other than the owner at the time of the violation pursuant to a rental agreement. The citation and complaint will then be issued to the renter of the vehicle. Currently, Code Section 321.484 contains the same exemption for leased vehicles.

RELATED LEGISLATION

SENATE FILE 2092 -- 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. Motorcycles and trailers are added to the list of vehicles for which owners may apply for Legion of Merit special plates. Language relating to penalties applicable to mobile home dealers who acquire Iowa-titled mobile homes or manufactured housing and who do not obtain a certificate of title for the homes or housing is modified to provide that the penalties apply to both mobile home and manufactured housing acquisition. The Code section reference for the penalty applicable to penal offenses against the Motor Vehicle Title Law is changed to refer to Code Section 805.8, which provides a listing of scheduled violations, instead of the general penalty provision for Code Chapter 321 violations, Code Section 321.482. Language pertaining to the regulation of distributor and factory branches and representatives is stricken and one section is repealed, as the licensing and regulation of these types of entities by the Iowa Department of Transportation was repealed in 1997. A Code section that specifies the situations in which a court appearance is required on a scheduled violation is amended to provide that language describing what a defendant who has been charged with a scheduled violation must do, and what procedures apply, applies to all of the situations enumerated in the section. Also, subsection 8 of Section 29 of 1999 Iowa Acts, Chapter 13, is amended to clarify that Code Section 321.21, not Code Section 321.1, was to be repealed effective upon enactment of the Act. This change is made retroactively applicable to April 7, 1999.

SENATE FILE 2245 -- Law Enforcement -- Personal Property Disposition -- State and Local Penalties (Complete summary under CRIMINAL LAW, PROCEDURES & CORRECTIONS.)

   This Act reclassifies certain simple misdemeanors to scheduled violations. The Act provides for a $100 scheduled fine for each reclassified offense except for overweight trucks, which depends upon the weight of the truck.

SENATE FILE 2249 -- State Agency Purchasing Preference -- Bio-Based Fluids, Greases, and Lubricants (Complete summary under STATE GOVERNMENT.)

   This Act requires the Iowa Department of Transportation to comply with purchasing preferences of bio-based hydraulic fluids, greases, and other industrial lubricants.

SENATE FILE 2433 -- Appropriations -- State Government Technology and Operations (Complete summary under APPROPRIATIONS.)

   The Act relates to state government technology operations by making appropriations to a number of entities concerned with technology, and by making appropriations for a number of specific technology projects. The Act provides funding of $1 million for IowAccess by transferring to the Information Technology Department the first $1 million collected by the Iowa Department of Transportation for transactions involving the furnishing of a certified abstract of a vehicle operating record.

SENATE FILE 2435 -- Appropriations -- Human Services (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 2453 -- Appropriations -- Infrastructure and Capital Projects (Complete summary under APPROPRIATIONS.)

   This Act creates an Aviation Hangar Revolving Loan Fund to be used by the Iowa Department of Transportation for loans to provide assistance for the design, construction or improvement of hangars at general aviation airports.

HOUSE FILE 2039 -- Miscellaneous Appropriations, Reductions, Supplementals, Transfers, and Credits (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by providing for reductions and supplementation of appropriations for FY 1999-2000 and includes elimination of a General Fund of the State appropriation to the Iowa Department of Transportation for planning and programming.

HOUSE FILE 2106 -- Licensure, Ownership, Operation, or Control of Motor Vehicle Dealers -- Manufacturers, Distributors, Wholesalers, and Importers (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act adds a new provision to Code Section 322.3, prohibiting a motor vehicle manufacturer, distributor, wholesaler, or importer from directly or indirectly being licensed as, owning an interest in, operating, or controlling a motor vehicle dealer. The Act also provides several exceptions to the prohibition.

HOUSE FILE 2113 -- Recognition of Federal Rights and Service -- VETOED BY THE GOVERNOR (Complete summary under STATE GOVERNMENT.)

   This bill provided that persons who are recognized by the U.S. armed forces as retired from the U.S. armed forces are considered to be "retired" for purposes of obtaining a U.S. armed forces retired motor vehicle license plate.

HOUSE FILE 2170 -- Operating While Intoxicated -- Chemical Test Evidence (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act amends Code Section 321J.2, subsection 10, regarding the margin of error for chemical tests submitted as evidence in operating while intoxicated prosecutions, to specify application of the subsection to offenses under Code Section 321J.2, subsection 1, paragraphs "b" and "c." The referenced offenses are to operating while intoxicated offenses involving an alcohol concentration of 0.10 or more, and involving any amount of a controlled substance in a person's blood or urine.

HOUSE FILE 2510 -- Operating While Intoxicated and Ignition Interlock Devices (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act requires a first-time operating while intoxicated (OWI) offender to present a temporary restricted license to the court before the court may waive up to $500 of the fine, and requires installation of an ignition interlock device on all motor vehicles owned or operated by a person seeking reinstatement of a driver's license following a second or subsequent OWI offense, unless the person previously received a temporary restricted license.

HOUSE FILE 2511 -- Drinking Driver Restrictions (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act provides for the availability of a temporary restricted license for persons determined to be habitual offenders due to a combination of offenses for operating while intoxicated, and for driving while suspended, denied, revoked, or barred.

HOUSE FILE 2525 -- Motor Vehicle Accidents -- Damages (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act relates to limits on the recovery of noneconomic losses in an action to recover damages arising out of the operation or use of a motor vehicle if the injured person was the operator of the motor vehicle, a passenger in the motor vehicle, or a pedestrian and the injuries were caused by the person's commission of a felony.

HOUSE FILE 2538 -- Appropriations -- Transportation (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations for FY 2000-2001 from the General Fund of the State, the Road Use Tax Fund, and the Primary Road Fund to the Iowa Department of Transportation (IDOT). The Act provides that certain disabled veterans may obtain a special or personalized vehicle registration plate by paying the difference between the fee for a regular registration plate and the fee for the special or personalized plate. The Act allows IDOT to conduct a pilot project for waiving or refunding fees for identification cards and driver's licenses. The Act also provides for the temporary transfer of Revitalize Iowa's Sound Economy (RISE) Fund moneys to the Primary Road Fund to cover road construction costs from April 7, 2000, through June 30, 2001.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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