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SENATE FILE 144 - Highway Construction and Repair - Topsoil Preservation Full Text of Bill
This Act directs the Iowa Department of Transportation (IDOT) to require that when fill dirt or other materials are to be removed from an area acquired for use in a highway construction, reconstruction, improvement, or repair project, except for minor maintenance, the area is to be restored by certain methods of repair. The requirement does not apply in situations where a lake or subwater table conditions exist, where deep loess is present, or where outside ditch bottoms and backslopes are present in rock cut areas. The new provision does not apply to borrow pits covered by another Code provision. Currently, IDOT is directed to require restoration only when fill dirt, soil, or other materials are to be removed from borrow pits. SENATE FILE 2079 - Operation of All-Terrain Vehicles or Snowmobiles on a Highway Full Text of Bill
This Act repeals the requirement to fly a flag or pennant on an all-terrain vehicle or snowmobile operated on a public road or street. SENATE FILE 2156 - County Issuance of Driver's Licenses, Nonoperator Identification Cards, and Persons With Disabilities Identification Devices Full Text of Bill
This Act authorizes all counties not served by a permanent Iowa Department of Transportation facility to issue driver's licenses, nonoperator identification cards, and persons with disabilities identification devices on a permanent basis if the county meets the department's standards for issuance. Previously, only Adams, Cass, Fremont, Mills, Montgomery, and Page counties were permanently authorized to issue such licenses and devices and up to 42 other counties were allowed to opt in by indicating an interest in being authorized to issue driver's licenses. SENATE FILE 2192 - Highways and Motor Vehicles - Miscellaneous Provisions Full Text of Bill
This Act makes several Code changes relating to highways and motor vehicles, including changes in condemnation procedures, the quadrennial need study of public roads in the state, and motor vehicle registration provisions. Division I of the Act relates to highways. The Act amends several provisions in Code Chapter 6B ("Procedure Under Eminent Domain"). The Act exempts the Iowa Department of Transportation (IDOT) and counties from the requirement to provide early notice to owners of agricultural land that may be the subject of condemnation in cases when the condemnation is for right-of-way that is contiguous to an existing road right-of-way and necessary for the upgrade of the existing road. The Act also provides that the Director of Transportation shall approve such condemnations. The Act requires that notice of appeal of appraisement of damages in a condemnation proceeding be filed with the district court where the property is located, and written notice be provided to the sheriff that appeal has been taken, within 30 days of the sheriff's mailing of the appraisement of damages. The Act specifies that a notice of appeal of appraisement of damages shall be personally served by the party making the appeal. Notice of appeal must be served on the adverse party and any lienholders or encumbrancers of the property within 30 days of filing of the notice of appeal with the district court. If notice cannot be personally served, the court may prescribe an alternative method of service. The Act provides that an application for fees and costs occasioned by the condemnation must be filed by the landowner before adjournment of the final compensation commission meeting held on the matter. The Act also establishes a new rate for the calculation of interest that is based upon the Treasury Constant Maturity Index published by the Federal Reserve. The Act amends provisions in Code Chapters 307 and 307A relating to the duties of IDOT and the Iowa Transportation Commission by transferring certain duties relating to the assessment of road needs in the state from the commission to the department. The Act also modifies the duty of the commission to conduct a comprehensive study, to be referred to as the "quadrennial need study," of all roads and streets in the state, to require the department to prepare, adopt and publish the results of a study of secondary roads, and to report the results of the study to the General Assembly by July 1, 2002, with the study results taking effect July 1, 2003. The results of the study, as modified by any annual updates, are used to determine a portion of the monthly apportionment of secondary road and farm-to-market moneys to counties. The Act provides that a petition for reclassification of a road with an area service "C" classification may be signed by one or more adjoining landowners rather than all adjoining landowners. The Act provides for an Iowa County Engineers Association Service Bureau Support Fund. The Act authorizes the department to annually set aside a portion of the moneys in the Secondary Road Fund for supporting the bureau. The Act also establishes a Secondary Road Fund Distribution Advisory Committee to consider methodologies for distribution of moneys in the Secondary Road Fund and the Farm-to-Market Road Fund and to make recommendations to the General Assembly. The provisions of the Act relating to assessment of road needs in the state, the Iowa County Engineers Association Service Bureau Support Fund, and the Secondary Road Fund Distribution Advisory Committee take effect April 4, 2002. The Act requires the agency in control of a highway to pay the costs of restoring the original position of a government or other established corner or land monument if the engineer in charge of the project that caused the corner or monument to be disturbed or covered up failed to establish permanent witness corners or monuments and reestablish the corner or monument. The Act also eliminates a provision subjecting the engineer to a fine of not less than $10 nor more than $50 for not establishing permanent corners or monuments. Division II of the Act relates to motor vehicles. The Act provides for the operation of motorized bicycles (commonly referred to as mopeds) at a maximum of 30 rather than 25 miles per hour. The Act also corrects language that was amended by 2001 Iowa Acts, Chapter 153, Section 18. That provision changed terminology in Code Sections 321.57 and 321.58 from "mobile home dealer" or "dealer" to "manufactured home retailer." The Act changes some of these references back to "dealer," as defined in Code Chapter 321, to allow dealers other than manufactured home retailers to operate under special plates. The Act requires a damage disclosure statement for a motor vehicle that is separate from the title to the vehicle to state whether the title indicates damage prior to the transferor's ownership of the vehicle and whether the vehicle was titled as a salvage vehicle during the transferor's ownership of the vehicle. The Act requires a driver's license or nonoperator's identification card applicant, who is not a foreign national applying for a nonresident commercial driver's license, to certify that the applicant is a resident of Iowa. The Act exempts foreign nationals temporarily present in the United States from being required to include the person's social security number on an application for a driver's license or nonoperator's identification card. The Act modifies the time periods for which driver's licenses and nonoperator's identification cards are valid. The Act provides that driver's licenses and nonoperator's identification cards are valid for five years, except that licenses and cards issued to foreign nationals temporarily present in the United States shall only be issued for the length of time the foreign national is authorized to be present, not to exceed two years. In addition, a nonoperator's identification card shall be issued without expiration to a person 70 years of age or over. The provisions relating to the issuance of a driver's license or nonoperator's identification card to foreign nationals take effect April 4, 2002. The Act also modifies the method of assessing fees for driver's licenses. The fee for a driver's license shall be based on the number of years the license is valid - $4 per year of license validity for a noncommercial driver's license, $8 per year for a chauffeur's license, and $8 per year for a commercial driver's license. The Act provides that a person is disqualified from operating a commercial motor vehicle for failure to obey the warning signal of the immediate approach of a train. The change is made to reflect federal regulations that require an operator of a commercial vehicle to be disqualified for railroad-grade crossing violations. The Act provides for the operation of electric personal assistive mobility devices on sidewalks and bikeways, with certain restrictions. The Act defines an "electric personal assistive mobility device" as a self-balancing device powered by an electric propulsion system that averages 750 watts, has two nontandem wheels, and is designed to transport one person, with a maximum speed on a paved level surface of less than 20 miles per hour. A violation of the restrictions on operation of an electric personal assistive mobility device is a scheduled violation punishable by a fine of $15. Local authorities may regulate or prohibit the operation of electric personal assistive mobility devices. The Act eliminates the requirement that the driver of a vehicle involved in an accident resulting in personal injury or death, or $1,000 or more of property damage, complete a written motor vehicle accident report if the accident is investigated by law enforcement. The Act provides that the maximum gross weight allowed to be carried on a noninterstate highway by a livestock vehicle with five axles, a minimum distance in feet between the centers of the extreme axles of any group of axles of 61 feet, and a minimum width between the two rear axles of eight feet one inch is 86,000 pounds. This provision takes effect April 4, 2002. The Act also provides that a person whose driver's license has been suspended or revoked for certain serious traffic offenses is not required to file proof of financial responsibility with IDOT if the person provides evidence satisfactory to the department that the person resides in another state. The person may not apply for an Iowa driver's license for two years from the effective date of the person's last suspension or revocation unless proof of financial responsibility is filed with the department. The Act revises the requirements for annual permits for oversize vehicles with indivisible loads and oversize mobile homes. The Act increases the allowed length for such vehicles that are self-routed, and increases the ability of a motor carrier to self-route on interstates and multilaned primary highways beyond 50 miles from the point of origin if the vehicle meets certain width, height, length, and weight requirements. The Act increases the weight that is allowed for a vehicle operating under an "annual with weight" permit. The Act also allows a vehicle with load operating under an "annual with weight" permit to operate under the conditions of a regular annual permit when the vehicle meets the size and weight limitations of the regular annual permit. These provisions take effect April 4, 2002. The Act prohibits a nonresident motor vehicle manufacturer, distributor or dealer from being issued a temporary permit for the display and offering for sale of certain vehicles at certain fairs, shows and exhibitions unless the state in which the manufacturer, distributor or dealer is licensed extends similar privileges to Iowa licensees. The Act also provides that the sale or transfer of a motor vehicle franchisee's dealership or the change in the executive management of a franchisee's dealership shall not make applicable any right of first refusal of the motor vehicle franchiser, notwithstanding the terms, provisions or conditions of an agreement or franchise. The Act makes several changes in the motor vehicle registration reciprocity provisions in Code Chapter 326. The Act adds a procedure for handling dishonored checks issued for payment of fees required under the chapter. The procedure includes the accumulation of fees and penalties, warning by IDOT, suspension of the registration account, and pursuit of collection. The delinquent registration fees shall be a debt due the state and subsequent payments made by the applicant who issued the dishonored check must be made with guaranteed funds. The Act eliminates a provision requiring IDOT to hold plates and registrations until a check for payment of fees has cleared the bank. The Act makes several changes in provisions governing the addition to and deletion of motor vehicles from a fleet of motor vehicles proportionally registered in the state. The Act provides that a single registration plate and registration receipt is to be issued for each vehicle registered under the Registration Reciprocity chapter. The registration period for such vehicles is January 1 through December 31. The application for renewal of registration must be postmarked or received by IDOT no later than January 31. A 5 percent late filing penalty shall be assessed for each month the renewal application is late, beginning February 1. The enforcement deadline for failure to display a registration plate and registration is March 15. The Act revises the procedures for paying refunds of proportional registration fees and for collection of proportional registration fees and calculation of late payment penalties. The Act requires a registrant whose application for apportioned registration has been accepted to preserve the records upon which the registration is based for a period of three years after the close of the registration year rather than for a period of four full years following the year for which the application was made. The Act modifies the procedures for auditing such records. The Act also makes technical corrections to Code Sections 321.127, 321.191, 321E.14, and 326.22. The Act eliminates the maximum issuance fee charged by a truck stop issuing trip permits for commercial vehicles, but requires truck stops to disclose the issuance fee for such permits to the purchasers of the permits. The Act authorizes the Director of Transportation to revoke rather than cancel the apportioned registration privileges on all of the vehicles owned by a fleet owner who has filed incorrect information with IDOT for the purpose of reducing the fleet owner's obligation for registration fees or fuel taxes. A person who has such privileges revoked shall be required to register all vehicles owned by the person with the county treasurer for at least one year and no more than five years thereafter rather than be subject to the full annual registration fee for all vehicles operated on the highways of this state. A person whose privileges are revoked may request an administrative hearing in accordance with the Iowa Administrative Procedure Act rather than before the Department of Inspections and Appeals. The Act also eliminates all references in Code Section 326.31 to any responsibilities of the Department of Revenue and Finance and its director, regarding incorrect information filed by a fleet owner. The Act also repeals a provision requiring IDOT, upon receiving application for and payment of the registration fee and notification of title, to issue registration identification to the applicant carrier and send the certificate of title to the vehicle owner or lienholder. The provision also directed IDOT to adopt rules to process registration of vehicles titled in other states. HOUSE FILE 2112 - Traffic Safety Regulation-Stationary Authorized Emergency, Towing, Recovery, and Highway Maintenance Vehicles Full Text of Bill
This Act requires operators of motor vehicles to take specified precautions when approaching a stationary authorized emergency vehicle or a stationary towing, recovery, or highway maintenance vehicle. The Act requires the operator of an approaching motor vehicle, absent another direction from a peace officer, to change lanes to a lane that is not adjacent to the stationary vehicle or, if a lane change is prohibited by law, not possible, or would be unsafe, to reduce the speed of the motor vehicle to a reasonable speed that is less than the posted speed limit, and be prepared to stop. The requirement only applies when the stationary vehicle is displaying the appropriate flashing lights. The Act also makes a violation of the new requirement a simple misdemeanor punishable by a scheduled fine of $50. HOUSE FILE 2193 - Transportation Services and Aircraft Regulation Full Text of Bill
This Act makes changes in current law relating to modal transportation, including changes relating to sanctions for noncompliance with public transit coordination requirements and changes relating to aircraft registration. Division I of the Act makes several changes relating to public transportation programs. The Act eliminates provisions relating to two pilot projects established by IDOT to enable the department to evaluate the feasibility of a cooperative effort among public and private transportation providers, including public school transportation providers. The pilot projects have been completed. The Act requires public, private, and private nonprofit organizations applying for or receiving federal, state or local aid for providing transit services to annually report to IDOT the costs of their transportation programs. Currently, such organizations are required to provide a copy of their fiscal year operating budgets annually prior to June 1. The Act eliminates a provision prohibiting the Department of Human Services from purchasing services from any transportation provider that has been denied a certificate of compliance with the provisions of Code Chapter 324A, regulating transportation programs. The Act also eliminates a provision requiring all agencies or organizations purchasing or providing transportation services, except public school transportation, with federal, state or local funds to comply with certain requirements prior to July 1, 1985. Division II of the Act amends Code provisions relating to unairworthy aircraft and aircraft registration. The Act amends a provision that exempts unairworthy aircraft from aircraft registration fees, if the owner of the aircraft submits information required by IDOT, to eliminate a requirement that the unairworthy aircraft be damaged to receive such exemption. The Act also amends Code provisions relating to issuance of special certificates for aircraft registration. The Act eliminates the requirement that a special certificate of registration be issued for each aircraft in a manufacturer's, transporter's or dealer's inventory upon payment of a $100 fee and an additional $10 fee for each aircraft. The Act instead provides for the issuance of one special certificate for all aircraft in the manufacturer's, transporter's or dealer's inventory upon payment of a $100 fee. The aircraft may only be operated under the special certificate for purposes of transporting, testing, demonstrating, or selling the aircraft. The Act makes corresponding changes in Code provisions relating to maintenance of records for aircraft operated under a special certificate and exempting aircraft for which a special certificate has been issued from the regular aircraft registration requirements. The Act provides that a special certificate expires at midnight on June 30 rather than midnight on the last day of the registration year. The Act also repeals a Code provision relating to issuance of additional special certificates for aircraft added to or removed from a manufacturer's, transporter's or dealer's inventory. HOUSE FILE 2317 - Regulation of Outdoor Advertising Devices Full Text of Bill
This Act relates to prohibitions on placement of advertising devices along interstate highways in certain circumstances. The Act exempts from the prohibition advertising devices that are located in areas zoned and used for commercial or industrial purposes. The Act defines an "area zoned and used for commercial or industrial purposes" as an area so zoned in accordance with the appropriate city or county zoning procedures in which one or more commercial or industrial activities are located. Currently, such an exemption applies for advertising devices located in commercial or industrial zones crossed by segments of an interstate highway located within the boundaries of incorporated municipalities as such boundaries existed on September 21, 1959, where the use of property adjacent to the interstate highway is subject to municipal regulation and control, or other areas where the land on September 21, 1959, was clearly established by law for industrial or commercial purposes. The Act also provides for a delayed effective date of July 1, 2004. Prior to that time the Iowa Department of Transportation is required to adopt rules regarding approval of the erection or maintenance of advertising devices governed by the Act. Such rules are to be in compliance with the federal Highway Beautification Act of 1965. | |||
RELATED LEGISLATION | |||
SENATE FILE 2051 - State Interagency Missouri River Authority
SENATE FILE 2275 - Substantive Code Corrections
SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
SENATE FILE 2305 - Tax Administration and Related Matters
SENATE FILE 2326 - Appropriations - Miscellaneous Provisions, Reductions, Transfers, and Other Matters
HOUSE FILE 2230 - Operating While Intoxicated - Penalties for Third or Subsequent Offenses
HOUSE FILE 2246 - Property Tax and Vehicle Registration Procedures
HOUSE FILE 2365 - Documents and Records Filed With County Recorder - Snowmobile and All-Terrain Vehicle Titles - Registration of Vessels
HOUSE FILE 2515 - Education - Administration, Funding, Programming, and Services
HOUSE FILE 2554 - Tire and Waste Tire Initiatives - Management, Regulation, and Use of Funds
HOUSE FILE 2582 - Federal Block Grant Appropriations
HOUSE FILE 2612 - Transportation Appropriations - VETOED BY THE GOVERNOR
HOUSE FILE 2614 - Tobacco Settlement, Infrastructure, and Environment First Funds - Appropriations and Miscellaneous Related Changes
HOUSE FILE 2622 - Tax Administration - Additional Related Matters
HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
HOUSE FILE 2626 - Transportation Appropriations - SECOND EXTRAORDINARY SESSION
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