2001 Summary of Legislation TRANSPORTATION Published by the Iowa General Assembly -- Legislative Service Bureau

TRANSPORTATION LEGISLATION

SENATE FILE 265 - Nonoperative Air Bags - Installation, Distribution, or Sale - Penalty (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act prohibits a person from installing or reinstalling for compensation, distributing, or selling a nonoperative air bag that is part of an inflatable restraint system for a motor vehicle if the person knows that the air bag is nonoperative. A violation of the prohibition is an aggravated misdemeanor punishable by confinement for no more than one year and a fine of at least $500 but not more than $5,000.

SENATE FILE 350 - Transportation - Additional Miscellaneous Changes (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes several transportation-related Code changes.

   The Act amends Code Section 321.20A to provide that all owners of commercial vehicles subject to the proportional registration provisions of Code Chapter 326 ("Registration Reciprocity") may apply to the Iowa Department of Transportation (IDOT) or the appropriate county treasurer for a certificate of title and that IDOT or the county treasurer shall deliver the certificate to the owner or to the first security interest or encumbrance shown on the certificate.

   The Act moves a provision relating to the issuance of temporary entry and exit permits for purposes of maintenance or repair to operators of commercial motor vehicles that are not registered in Iowa by repealing current Code Section 307.31 and creating new Code Section 321.56.

   The Act amends Code Section 321.113, relating to the automatic reduction of motor vehicle registration fees for motor vehicles that are nine model years old or older. The Act changes the fees for vehicles that are nine model years old or older to flat fees, based on the model year of the vehicle. However, to ensure that persons owning vehicles that are more than nine model years old or older and registered in this state on January 1, 2002, are not subject to a fee increase, the Act makes the flat fee schedule inapplicable to such vehicles until they are transferred to a new owner. The Act also adds provisions to Code Sections 321.113 and 422.9, relating to the deductibility of motor vehicle registration fees for state and federal income tax purposes. These provisions take effect January 1, 2002.

   The Act amends Code Sections 321.189 and 321.190 to provide that driver's licenses and nonoperator's identification cards issued to persons under 21 years of age shall contain the same information as other driver's licenses and nonoperator's identification cards. Currently, such licenses and cards are required to be identical in form to other licenses and cards.

   The Act amends Code Sections 321.208 and 321.343 to specify when a person is disqualified from operating a commercial motor vehicle for certain railroad highway grade crossing violations and to specify types of requirements the driver of a commercial motor vehicle must follow when approaching a railroad crossing, in accordance with federal law.

   The Act amends the provisions in Code Section 321.215 relating to the issuance of a temporary restricted permit to a person whose driver's license was suspended or revoked for certain types of driving or other violations. To agree with current IDOT practices, the Act replaces references to temporary restricted permits throughout Code Section 321.215 and other Code sections with references to temporary restricted licenses. The Act also specifies that if a district court determines that an applicant needs a temporary restricted license for a purpose specified in Code Section 321.215, the court shall order IDOT to issue the applicant a license.

   The Act amends the child restraint device provisions in Code Section 321.446 to make the child restraint device requirements inapplicable to the transportation of children in buses.

   The Act amends Code Section 321.449 to require IDOT to adopt rules concerning hours of service for drivers of vehicles operated for hire and designed to transport seven or more persons, including the driver.

   Code Section 321A.14 is amended to provide that the suspension or denial of renewal or issuance of a person's driver's license, vehicle registration, or nonresident operating privilege for nonpayment of a judgment shall not continue if IDOT receives evidence that the judgment has not been renewed and is no longer enforceable.

   The Act amends Code Section 321J.13 to provide that a person shall prevail at a hearing to rescind the revocation of the person's driver's license or operating privilege for refusal to submit to chemical testing or failure of a chemical test if, in the criminal operating while intoxicated action, the court held that the peace officer provided false testimony affecting the determination of reasonable grounds to believe that an operating while intoxicated violation occurred.

   The Act also provides that such a holding is binding on IDOT if the holding includes written findings of fact based on testimony under oath and that, in any criminal prosecution under Code Chapter 321J, the state shall not stipulate to facts without probable cause to support the facts in order to obtain such a holding.

   The Act also defines "bulk liquid commodities" as liquid commodities or compressed gases transported in a vehicle having a total cargo tank shell capacity of more than 2,000 gallons for purposes of Code Chapter 325A, relating to motor carrier authority. The Act makes certain application and education requirements applicable to motor carriers of bulk liquid commodities, as defined by the Act to include only vehicles with a capacity of more than 2,000 gallons, rather than to all motor carriers of liquid commodities or compressed gases in bulk.

SENATE FILE 465 - Biodiesel Fuel Revolving Fund (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act creates a Biodiesel Fuel Revolving Fund to be administered by the Iowa Department of Transportation (IDOT). The fund is to consist of moneys received from the sale of EPAct credits by IDOT, moneys appropriated by the General Assembly, and any other moneys designated for such use.

   The Act requires an IDOT motor vehicle 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. The Act also defines "EPAct credit" as a credit issued pursuant to the federal Energy Policy Act.

   The Act also strikes provisions enacted in 2000 that direct IDOT to conduct an ongoing biodiesel fuel pilot project beginning September 1, 2000.

   The Act takes effect April 19, 2001.

HOUSE FILE 324 - Transportation - Miscellaneous Provisions (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes several transportation-related policy changes in the Code.

   Division I - Highways

   Division I of the Act amends Code Section 306.19 by increasing the compensation to an owner of property abutting a road project when the agency having jurisdiction of the road condemns, purchases property access rights, or alters by lengthening any existing driveway on the owner's property.

   Code Section 309.35 is amended to increase the threshold at which a county engineer must prepare detailed surveys and plans for a secondary road construction project.

   The Act creates new Code Section 309.40 to allow a county to contract for emergency highway or bridge work without advertising for bids if certain conditions are met. The Act amends Code Section 313.10 to revise the conditions under which the Iowa Department of Transportation (IDOT) may contract for emergency highway or bridge work without advertising for bids. The Act requires the work to cost less than $500,000 rather than under $75,000. The Act also requires a county or IDOT to notify the appropriate Iowa highway contractors' associations of the proposed work if possible.

   The Act amends Code Sections 309.93 and 312.14 to require counties and cities to submit to IDOT detailed cost accountings of the use of day labor or public or private contracts for certain road and street projects and to submit statements regarding the costs of purchasing, leasing or renting construction or maintenance equipment and accountings of the use of such equipment for certain road and street projects. These requirements do not take effect until July 1, 2002, and shall be implemented pursuant to rules adopted under new Code Section 314.1A, as created by the Act.

   The Act amends several provisions in Code Chapter 314, relating to administrative provisions for highways. Code Section 314.1 is amended to provide that a bidder on a highway construction project who is prequalified with IDOT shall be deemed qualified for other governmental agencies' highway construction projects if the bidder follows the proper procedure.

   The Act adds a provision to Code Section 314.1 stating that a public improvement that involves the construction, reconstruction or improvement of a highway, bridge or culvert shall be advertised and let for bid if the project meets the applicable cost threshold for competitive bidding requirements, except qualifying emergency projects, notwithstanding any provisions to the contrary. The Act provides that the cost threshold for cities with populations of more than 50,000 shall be $50,000. The Act also provides for the modification of the applicable bid thresholds by a bid threshold subcommittee pursuant to new Code Section 314.1B, as created by the Act. The Act permits an agency to readvertise and relet a highway, bridge or culvert project without another public hearing if the specifications are not substantially changed. The Act also amends Code Section 314.1 to require cities to file statements with the city clerk regarding costs associated with a project on the municipal street system. These changes to Code Section 314.1 take effect July 1, 2002.

   The Act also provides that if a city or county employee is displaced from employment as a result of a city's or county's compliance with the competitive bidding requirements modified by this Act, the city or county shall offer the employee other available employment. The employee shall be eligible for recall to the employee's position. This provision takes effect July 1, 2002.

   The Act amends Code Section 320.5 to remove a 20-year limitation on the length of time for which a grant may be made by IDOT or a county board of supervisors to allow the laying of gas mains in highways outside cities to local municipal distributing plants or companies or to allow the laying of water mains in, under or along highways.

   Division II - Vehicles

   Division II of the Act defines "tracked implement of husbandry" for purposes of Code Chapter 321 as a fence-line feeder, grain cart, or tank wagon that is mounted on a chassis attached to a pair of tracks that transfer the weight of the implement to the ground or the roadway surface. The Act amends Code Section 321.463 to provide that a tracked implement of husbandry shall not have a maximum gross weight over 96,000 pounds. The Act requires such an implement to comply with provisions relating to operation over bridges in the state and allows local authorities to issue special permits for the operation of implements exceeding the weights allowed in Code Chapter 321. The Act also adds a gross weight table to Code Section 321.463 providing maximum gross weights for tracked implements of husbandry traveling on noninterstate highway bridges.

   Code Section 321.20B is amended to provide that the provisions of that section requiring the operator of a vehicle to carry proof of financial liability coverage when operating the vehicle on a highway do not apply to snowmobiles or all-terrain vehicles.

   The Act creates a new subsection in Code Section 321.34 that provides for issuance of armed forces special motor vehicle registration plates at no charge for persons eligible for Congressional Medal of Honor, ex-prisoner of war, or Legion of Merit special registration plates or for disabled veteran registration plates.

   Code Section 321.271 is amended to allow the federal Motor Carrier Safety Administration free access to and copies of written motor vehicle accident reports filed by law enforcement officers.

   The Act amends Code Section 321.423 to increase the speed limit at which a slow-moving vehicle must display an amber light from 25 to 35 miles per hour.

   Code Section 321.450 is amended to allow for-hire drivers who are engaged exclusively in intrastate commerce and who operate trucks and truck tractors exclusively for the transportation of refined oil products to drive 12 hours, be on duty 16 hours in a 24-hour period, and be on duty 70 hours in seven consecutive days or 80 hours in eight consecutive days.

   The Act makes several changes in Code Section 321.457 relating to the maximum length of vehicles operated on highways. The Act amends Code Section 321E.8 to increase the allowable width for vehicles with indivisible loads or mobile homes traveling unlimited distances pursuant to an annual permit from 12 feet 5 inches to 13 feet 5 inches. The permit allows such vehicles to be moved on noninterstate highways specified by the permitting authority. The Act also eliminates a provision in Code Section 321E.8 restricting vehicles with indivisible loads less than 100 feet long to trip distances not to exceed 50 miles in total aggregate.

   Division III - Vehicle Manufacturers, Distributors, Dealers, and Franchisers

   Division III of the Act amends Code Section 322.3 to prohibit a motor vehicle manufacturer, distributor or importer, or an agent or representative thereof, from reducing the amount of compensation for, or disallowing a claim for, sales or leasing incentives provided to a motor vehicle dealer or a customer of a motor vehicle dealer including, but not limited to, rebates and discounted interest rates if 12 months or more have passed since the claim was submitted to the manufacturer, distributor or importer.

   The Act amends Code Section 322.3 by eliminating the prohibitions on the licensure of motor vehicle distributors and wholesalers as motor vehicle dealers and on the ownership, operation or control of a motor vehicle dealer by a motor vehicle distributor or wholesaler. This provision takes effect April 16, 2001.

   Code Section 322.28 is amended to specify that a distributor or wholesaler of new motor vehicles shall not sell or offer for sale new motor vehicles at retail unless licensed as a new motor vehicle dealer. This provision takes effect April 16, 2001.

   The Act amends Code Section 322.29 to allow persons who install certain special equipment on new completed motor trucks to be issued a new motor vehicle wholesaler license without obtaining authorization from the manufacturer.

   The Act also revises the provisions in Code Sections 322.5, 322B.3 and 322C.3, allowing temporary permits for the display, offer for sale, and negotiation of sales of motor vehicles, mobile homes, and travel trailers at certain fairs, vehicle shows, and vehicle exhibitions. The Act removes the requirement that the fairs, vehicle shows, and vehicle exhibitions at which dealers may offer vehicles for sale and negotiate sales be approved by IDOT.

   The Act amends several provisions in Code Chapter 322A relating to the conditions that shall not be considered facts supporting a finding of good cause for the termination or noncontinuation of a motor vehicle franchise or for entering into a motor vehicle franchise for the establishment of an additional dealership in a community for the same line-make of motor vehicles. These provisions take effect April 16, 2001.

   Division IV - Mailings

   Division IV of the Act allows IDOT to use first class mail rather than certified mail in several different circumstances. The Act amends Code Section 321.16 to require IDOT to adopt rules regarding the giving of such notice, the updating of addresses, and the development of verification affidavits. The Act provides that a person's refusal to accept or claim of failure to receive a notice mailed by first class mail to the last known address shall not be a defense to a charge of driving while suspended, revoked, denied, or barred.

   The Act also amends Code Section 321.182, relating to applications for driver's licenses, to require driver's licensees to notify IDOT when the licensee's mailing address changes and provide the new address within 30 days of obtaining the new address. The Act requires that applications for driver's licenses and for renewals of driver's licenses contain a statement acknowledging the applicant's knowledge of the requirement. There is no penalty for a violation of the requirement.

   The Act creates new Code Section 321.211A, which allows a person who was not served with notice of certain driver's license suspensions or revocations to appeal to IDOT an extension of the suspension or revocation based on a conviction of certain driving without a valid driver's license violations. The sole issue on such appeal is to be whether IDOT failed to send notice of the underlying suspension or revocation to the person at the address in IDOT's records. If it is determined IDOT failed to send the notice, the suspension or revocation shall be rescinded and the conviction be expunged from the person's record.

   Division V - Miscellaneous Provisions

   Division V of the Act requires IDOT to conduct a study and present a report to the General Assembly by January 31, 2002, regarding the compliance by utility companies with requirements regarding the relocation of electrical or telephone transmission lines or of water and gas mains on highway construction or reconstruction projects.

HOUSE FILE 561 - All-Terrain Vehicle and Snowmobile Operating Requirements - VETOED BY THE GOVERNOR (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This bill would have repealed the requirement that the operator of an all-terrain vehicle or snowmobile on a public road or street fly a flag or pennant on the all-terrain vehicle or snowmobile. The bill also would have repealed the prohibition on operating an all-terrain vehicle while carrying a passenger.

HOUSE FILE 647 - Department of Transportation Release and Use of Personal Information (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides that the Iowa Department of Transportation (IDOT) may release personal information that is in the form of a person's photograph to officers and employees of a law enforcement agency, employees of federal or state agencies or political subdivisions in the performance of the employee's official duties, contract employees of the Department of Inspections and Appeals in the conduct of an investigation, and licensed private investigation agencies, licensed security services, and licensed employees of either.

   The Act also prohibits IDOT from releasing personal information that is in the form of a person's photograph to persons other than those listed and allows IDOT to collect reasonable fees for copies of records or certain other services provided by IDOT. Currently, IDOT is prohibited from selling personal information that is in the form of a person's photograph, but the prohibition does not prevent IDOT from collecting reasonable fees for copies of records or certain other services provided by IDOT.

   The Act requires IDOT to assign an applicant for a driver's license a distinguishing driver's license number other than the applicant's social security number, unless the applicant requests that the applicant's social security number be so assigned.

HOUSE FILE 724 - Iowa Heritage License Plate Fees - Allocation (full text of act)

   BY COMMITTEE ON APPROPRIATIONS. This Act requires the Treasurer of State to credit all of the special fees collected from the sale of Iowa heritage license plates to the Iowa Heritage Fund. The Act also modifies the percentage distribution of special fees within the Iowa Heritage Fund.

RELATED LEGISLATION

SENATE FILE 63 -- Child Endangerment (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child endangerment violations and the penalties for these violations under the Criminal Code. The Act is popularly referred to as the "boyfriend bill" and includes a person who operates a motor vehicle in a criminal manner with a child or such a minor present in the vehicle among those who can be charged with a child endangerment violation.

SENATE FILE 267 -- Supplemental Appropriations and Reductions (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by making reductions to appropriations made for FY 2000-2001 from the General Fund of the State, including reductions to appropriations for airports and railroad assistance.

SENATE FILE 499 -- Scheduled Fines - Miscellaneous Changes (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act makes changes to and reorganizes scheduled fines for motor vehicle and other transportation-related violations.

SENATE FILE 509 -- Supplemental Appropriations - Department of Transportation - Road Salt (Complete summary under APPROPRIATIONS.)

   This Act makes a supplemental appropriation for FY 2000-2001 to the Iowa Department of Transportation from the Primary Road Fund for the purchase of salt to restock IDOT's year-end salt inventory. The Act takes effect March 30, 2001.

SENATE FILE 515 -- Public Utility Crossings - Railroad Rights-of-Way (Complete summary under ENERGY & PUBLIC UTILITIES.)

   This Act creates new Code Section 476.27, providing definitions and procedures for crossings of railroad rights-of-way by public utilities. The new Code section applies to all public utility crossings as provided in the Code section, and governs over any other conflicting provision of law. The Act applies to a crossing commenced prior to July 1, 2001, if an agreement concerning the crossing has expired or is terminated, and to a crossing commenced on or after July 1, 2001.

SENATE FILE 525 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2001, and ending September 30, 2002. The Act appropriates federal funding and other nonstate funding made available to the state for transportation programs.

SENATE FILE 528 -- Appropriations - Transportation (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations for FY 2001-2002 from the General Fund of the State, the Road Use Tax Fund, and the Primary Road Fund to the Iowa Department of Transportation. The Act also makes related Code language changes.

HOUSE FILE 269 -- Secured Consumer Loans for Motor Vehicles - Balloon Payments (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act amends the Iowa Consumer Credit Code to exclude consumer loans secured by a certificate of title in a motor vehicle from the right to refinance the balloon payment without penalty and at terms no less favorable than the original loan transaction.

HOUSE FILE 353 -- Driver Education - Instruction Time (Complete summary under EDUCATION.)

   This Act requires the Department of Education to limit the number of minutes of classroom instruction, per student per day, in an approved driver education course to 180 minutes.

HOUSE FILE 716 -- Ethanol Blended Gasoline - Related Taxes (Complete summary under TAXATION.)

   This Act promotes the production and consumption of ethanol. The Act provides for the refund of investment tax credits provided to cooperatives producing ethanol. It provides an income tax credit for retail dealers of gasoline. The tax credit is available to a dealer if 60 percent of all gasoline sold at a service station is ethanol blended gasoline. The tax credit equals 2.5 cents for each gallon that is more than the 60 percent threshold requirement. The Act also amends provisions providing an excise tax for motor fuel by adjusting the general rate and the rate for ethanol blended motor fuel based on the consumption of ethanol blended motor fuel.

HOUSE FILE 718 -- Appropriations - Economic Development (Complete summary under APPROPRIATIONS.)

   This Act, for FY 2001-2002, moves $3 million of certificate of title surcharge moneys from the Road Use Tax Fund to the General Fund of the State.

HOUSE FILE 732 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations to the Department of Human Services and includes provisions designating the use of surcharges collected by the Iowa Department of Transportation for motor vehicle licenses that were suspended, revoked or barred.

HOUSE FILE 755 -- Miscellaneous Appropriations, Reductions, and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division II of this Act reduces the standing appropriation for FY 2001-2002 for public transit assistance by $2 million.

© 1998 Cornell College and League of Women Voters of Iowa

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