TRANSPORTATION

SENATE FILE 97 - Transportation and Transportation-Related Regulation
SENATE FILE 127 - Breast Cancer Awareness Motor Vehicle License Plates - Fees - Appropriation
SENATE FILE 451 - Jurisdiction and Funding of Streets and Roads
HOUSE FILE 66 - Motor Vehicle Traffic Regulation - Stationary Utility or Municipal Maintenance Vehicles
HOUSE FILE 290 - Special Vehicle Registration Plates - Motor Trucks
HOUSE FILE 343 - Motor Vehicle Traffic Regulation - Appearance Bond and Liability Coverage - Overtaking and Passing Vehicles
HOUSE FILE 623 - Driver's License or Nonoperator's Identification Card Applications or Renewals - Selective Service Registration
HOUSE FILE 656 - Fire Fighter Motor Vehicle Registration Plates - Fees

RELATED LEGISLATION

SENATE FILE 155 - Substantive Code Corrections

SEE STATE GOVERNMENT. This Act contains statutory corrections that include changes relating to excessive size and weight permits for manufactured home transport, identification numbers for all-terrain vehicles and snowmobiles, and the operation of personal watercraft.

SENATE FILE 458 - Miscellaneous Appropriations, Reductions, Revenue Adjustments, and Other Matters

SEE APPROPRIATIONS. Division VII of this Act prohibits the State Appeal Board from considering claims for vehicle registration fee refunds which are to be obtained by application to the Iowa Department of Transportation (IDOT), requires that defendants who must have installed an ignition lock device shall have it installed not only in vehicles owned by the defendant but also those operated by the defendant, requires certain information be provided when the certificate of title for a manufactured home is surrendered and provides for the procedure for the issuance of the certificate of title, directs IDOT to conduct a study relating to coordination of school and public transportation, and directs IDOT and the Department of Natural Resources to work with interest groups to develop a plan for creating a registration program and create recreational areas for full-size off-highway vehicles.

HOUSE FILE 65 - Operating While Intoxicated Revisions

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act relates to motor vehicle operating while intoxicated offenses. The Act reduces the blood alcohol concentration allowable limit while operating a motor vehicle from .10 to .08. The Act applies to criminal as well as administrative violations of the law. The Act further places certain driving restrictions on a first-time violator of the operating while intoxicated law based upon the circumstances of the violation.

HOUSE FILE 344 - Motor Fuel Tax Refunds - Benefited Fire Districts

SEE TAXATION. This Act allows benefited fire districts to receive a refund of the motor fuel and special fuel taxes paid when the fuel is used for public purposes.

HOUSE FILE 472 - Federal Block Grant Appropriations

SEE APPROPRIATIONS. This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2003, and ending September 30, 2004. The Act appropriates federal funding and other nonstate funding made available to the state for transportation programs.

HOUSE FILE 502 - Motor Vehicle Damage Disclosure Statements

SEE BUSINESS, BANKING & INSURANCE. This Act makes several amendments to damage disclosure requirements related to the transfer of a motor vehicle and adds a new requirement to disclose if a vehicle's airbag is missing or inoperative.

HOUSE FILE 549 - Education - Administration, Regulation, and Other Related Matters

SEE EDUCATION. This Act relates to the duties and operations of the Department of Education, school districts, area education agencies, and the State Board of Regents. The Act also permits the department to establish reasonable fees to defray the expense of forwarding to the courts enrollment, attendance, and successful and nonsuccessful course completion data for out-of-state persons ordered to enroll, attend, and successfully complete a course for drinking drivers; and permits an insulin-dependent diabetic to qualify as a school bus driver if the person is verified physically able to perform the required functions despite insulin dependency, the school district or school employing the insulin-dependent diabetic bus driver monitors the bus driver, and the driver is in compliance with requirements specified by the Act.

HOUSE FILE 584 - Recreational Activities in Designated Areas or on Public Property - Liability Limited

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act limits the liability of prior owners of land on which an all-terrain vehicle recreational riding area is established, maintained or operated.

HOUSE FILE 652 - Appropriations - Transportation

SEE APPROPRIATIONS. This Act makes appropriations for FY 2003-2004 from the Road Use Tax Fund and the Primary Road Fund to the Iowa Department of Transportation and revises the purposes for which two prior appropriations may be used.

HOUSE FILE 683 - Miscellaneous Appropriations and Revisions, Sales and Use Tax Revisions, Criminal Code Revisions, and Other Changes

SEE APPROPRIATIONS. This Act relates to economic development, financial, and taxation matters, revises previously enacted appropriations, and includes an additional reduction in public transit funding and changes to operating-while-intoxicated offense punishment provisions.

HOUSE FILE 694 - Judicial Administration and Procedures

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act relates to procedures and duties of the judicial branch and makes changes related to the criminal offense of driving a motor vehicle without liability insurance.

TRANSPORTATION

SENATE FILE 97 - Transportation and Transportation-Related Regulation (full text of bill)
BY COMMITTEE ON TRANSPORTATION. This Act amends a number of Code provisions which provide for the regulation of highways, aviation, and motor vehicles by the Iowa Department of Transportation (IDOT).

Division I - Highways
The Act amends provisions in Code Chapter 306C to eliminate the authority of IDOT to regulate junkyards visible along primary highways, leaving that authority to local jurisdictions. State control had been mandated by federal law that is no longer applicable. However, IDOT retains its current authority to regulate junkyards along interstate highways in accordance with federal law.

The Act repeals Code Section 306C.22, pertaining to the placement of political signs on private property, in reaction to a 1998 federal court decision that rendered the section unenforceable. As a result of that decision, political signs are regulated in the same manner as other types of advertising signs.

Division II - Aviation
The Act repeals Code Section 330.2, which establishes the Aviation Hangar Revolving Loan Fund. Legislation passed in 2002 eliminated the balance in the fund. Future payments due on outstanding loans from the fund are to be credited to IDOT to be used for support of general aviation airports.

Division III - Motor Vehicles
CERTIFICATES OF TITLE AND SECURITY INTERESTS. The Act contains amendments, which take effect July 1, 2004, to Code Sections 321.24, 321.45 and 321.50 relating to the perfection and recording of security interests in motor vehicles. Beginning July 1, 2004, when an application for a security interest is delivered to the county treasurer along with the required fee, the treasurer is to note the delivery date on the application, and that date of delivery is the date of perfection of the security interest, regardless of the date the security interest is actually noted on the certificate of title. If a security interest has been noted on a certificate of title issued by a foreign jurisdiction, the county treasurer is to note the security interest and date of its notation as found on the foreign certificate of title, or if that date is not available, the date of issuance of the foreign certificate of title, on the new Iowa certificate of title. The same information is to be entered in the county records system.

The deadline in Code Section 321.50 for a person to deliver a certificate of title to the county treasurer for notation of a security interest in a vehicle not already subject to a perfected security interest is changed from 30 days to 365 days from receipt of the certificate of title. Effective July 1, 2004, the provision establishing a deadline for delivery is repealed from the Code.

The Act extends the time allowed a motor vehicle dealer to apply for a certificate of title for a foreign registered vehicle under Code Section 321.48 from 15 to 30 days from the time the vehicle enters the state.

DRIVER'S LICENSES AND NONOPERATOR'S IDENTIFICATION CARDS. The Act establishes a funding mechanism in Code Section 321.191 for updating the driver's license issuance and records system by establishing a one-time $3 surcharge to be charged to driver's license applicants between July 1, 2003, and June 30, 2008. Moneys collected from the surcharge in excess of the amount needed to rewrite the system are to be deposited in the Road Use Tax Fund. The surcharge and appropriation are repealed July 1, 2008.

The Act creates new Code Section 321.192, which authorizes IDOT to waive payment of, or to refund, fees for renewal or duplication of a driver's license or nonoperator's identification card if the department's standard for timely issuance is not met, or if an error on the license or card causes the applicant to make a second trip to the driver's license station. This provision only applies to driver's licenses and nonoperator's identification cards issued at a state-operated licensing station, and not to licenses and cards issued by counties.

The Act temporarily increases from $3 to $5 the amount a county treasurer retains under Code Section 321M.9 for issuance or renewal of a driver's license or nonoperator's identification card. The increase is repealed July 1, 2005. The Act requires IDOT, in consultation with the Iowa State County Treasurers Association, to conduct a study of the county driver's license issuance program and its financial impact on counties. The department's report to the General Assembly is due by December 31, 2003.

ACCIDENT REPORTS. The Act amends Code Section 321.271, relating to confidentiality of motor vehicle accident reports, to allow IDOT and law enforcement agencies to disclose the date, time, specific location, and immediate facts and circumstances of a crime or incident unless the disclosure would jeopardize an investigation or endanger an individual.

MOTOR CARRIER SAFETY. The Act makes several amendments to Code Section 321.449 affecting motor carrier safety rules adopted by IDOT. The rules must be consistent with federal law, including a regulation establishing procedures for determining, rating and monitoring the safety fitness of motor carriers and establishing a safety assurance program for new entrant motor carriers seeking to conduct interstate operations. The Act creates an exemption from state motor carrier safety rules for drivers operating intrastate for farm operations or agricultural interests when the vehicle is operated between a farm and another farm, a farm and a market for farm products, or a farm and an agribusiness location. In addition, certain vehicles engaged in intrastate commerce and used in combination are exempt from the rules.

HAZARDOUS MATERIALS TRANSPORTATION. The Act amends Code Section 321.450, relating to transportation of hazardous materials, by providing that a farmer and employees of the farmer transporting Class 2 agricultural hazardous materials between sites in the farmer's agricultural operations are no longer exempt from rules implementing federal regulations. Class 2 agricultural hazardous materials are flammable gas and nonflammable, nonpoisonous compressed gas as defined in federal law.

VEHICLE LOAD LIMITS. The Act adds a provision in Code Section 321E.7 providing that a vehicle or combination of vehicles transporting construction machinery is allowed a 1,000-pound-weight tolerance on any one axle, provided the total gross weight of the vehicle or combination of vehicles is within the limits allowed by the vehicle's permit to operate as a vehicle of excessive size and weight. This provision takes effect March 28, 2003.

MOTOR VEHICLE INSTALLMENT CONTRACTS. The Act amends Code Section 322.19 to allow charges for motor vehicle service contracts and voluntary debt cancellation coverage to be financed under a motor vehicle retail installment contract. However, a retail seller may not include such charges in the finance charge.

URBAN PUBLIC TRANSIT SYSTEMS. The Act creates new Code Section 324A.7 to require that urban public transit systems utilize private-sector operators, if practicable, in the planning and provision of transit services. Public transit systems provide services accessible to the general public and are funded by federal, state or local taxes.

MOTOR CARRIERS OF HOUSEHOLD GOODS. The Act sets out new requirements for the establishment, filing and revision of tariffs charged by motor carriers of household goods in new Code Section 325A.7A. Special requirements for the filing of agency tariffs are outlined in new Code Section 325A.7B. Both new Code sections are effective March 28, 2003, and apply retroactively to January 1, 2002.

SENATE FILE 127 - Breast Cancer Awareness Motor Vehicle License Plates - Fees - Appropriation (full text of bill)
BY GRONSTAL AND IVERSON. This Act establishes a special breast cancer awareness motor vehicle registration plate to be issued by the Iowa Department of Transportation. The special fees from breast cancer awareness plates are appropriated to the Iowa Department of Public Health for distribution to Iowa affiliates of the Susan G. Komen Foundation and similar nonprofit organizations operating in Iowa, to provide free mammograms for men and women who meet eligibility requirements like those established by the Komen Foundation.

The plate will bear a processed emblem with an image of a pink ribbon. The special fee for initial issuance of the plate is $35 for letter number designated plates and $60 for personalized plates. The annual renewal fee, to be paid in addition to the regular annual registration fee, is $10 for letter number designated plates and $15 for personalized plates.

SENATE FILE 451 - Jurisdiction and Funding of Streets and Roads (full text of bill)
BY COMMITTEE ON APPROPRIATIONS. This Act provides for the transfer of jurisdiction of certain roads and the transfer of funds associated with those roads, modifies the procedure required for reclassification of county roads as area service "C" roads, and establishes a study committee to evaluate the distribution of moneys in the street construction fund of the cities.

The Act transfers jurisdiction of farm to market road extensions within small cities to the applicable county boards of supervisors. Once a city reaches a certain population level, jurisdiction over such extensions is to be transferred back to the city. The Act also provides for a reduction in the apportionment of moneys from the street construction fund of the cities to a city that has transferred jurisdiction of an extension to a county, which reduction is to be transferred to the secondary road fund of the respective county. Similarly, the Act provides for the transfer of moneys received by a city from the Transfer of Jurisdiction Fund established in the Act if a street within the city is under county jurisdiction.

The Act provides for the transfer of jurisdiction and control of primary roads identified in a transfer of jurisdiction report on file with the Iowa Department of Transportation (IDOT) that are also classified by the department as local service roads. Prior to FY 2013 2014, roads transferred to a county under the new provision are not to be included in the department's annual recalculation of construction and maintenance needs for secondary roads, which recalculation is used to determine counties' apportionments of Road Use Tax Fund moneys.

The Act temporarily establishes a Transfer of Jurisdiction Fund within the State Treasury, under the control of IDOT, to provide for the transfer of moneys from the Primary Road Fund to local jurisdictions in each fiscal year of the period beginning July 1, 2003, and ending June 30, 2013. Seventy five percent of the moneys in the fund are appropriated for apportionment among the counties and cities that assume jurisdiction of primary roads pursuant to the transfer of jurisdiction report on file with the department. The funds are only to be used for the maintenance and construction of roads. The remainder of the moneys are appropriated to the secondary road fund and the street construction fund of the cities. For subsequent fiscal years, a portion of the moneys in the primary road fund are transferred directly to the secondary road fund and the street construction fund of the cities.

The Act removes the requirement that a petition signed by all landowners adjoining a road be presented prior to reclassification of a secondary road as an area service "C" road pursuant to a county ordinance or resolution. Area service "C" classification roads may have restricted access and a minimal level of maintenance.

The Act establishes a Street Construction Fund Distribution Advisory Committee comprised of representatives appointed by the president of the Iowa section of the American Public Works Association, the president of the Iowa League of Cities, and IDOT. The committee is to recommend to the General Assembly one or more alternative methodologies for distribution of moneys in the street construction fund of the cities.

HOUSE FILE 66 - Motor Vehicle Traffic Regulation - Stationary Utility or Municipal Maintenance Vehicles (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act requires the driver of a motor vehicle to take certain precautions when approaching a stationary utility maintenance vehicle or a stationary municipal maintenance vehicle when the vehicle is displaying flashing yellow, amber or red lights. Unless otherwise directed by a peace officer, the motor vehicle driver must make a lane change into a lane not adjacent to the stationary vehicle, or if a lane change would be impossible, unlawful or unsafe, the driver must reduce speed below the posted limit and be prepared to stop. The precautions are the same as those already required when passing a stationary towing or recovery vehicle or a stationary highway maintenance vehicle. A violation of the requirement is a simple misdemeanor punishable by a scheduled fine of $50.

HOUSE FILE 290 - Special Vehicle Registration Plates - Motor Trucks (full text of bill)
BY COMMITTEE ON TRANSPORTATION. This Act authorizes the Iowa Department of Transportation to issue special motor vehicle registration plates to the owner of a motor truck of any size. Prior law permitted the issuance of special plates only to owners of light delivery trucks, panel delivery trucks, and pickups, all defined as motor vehicles designed to carry 2,000 pounds or less of merchandise or freight.

HOUSE FILE 343 - Motor Vehicle Traffic Regulation - Appearance Bond and Liability Coverage - Overtaking and Passing Vehicles (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act relates to the enforcement of motor vehicle law provisions.

The Act increases the maximum amount of a guaranteed arrest bond certificate from $200 to $1,000. A guaranteed arrest bond certificate is a guarantee by another person to pay a fine or forfeiture imposed on a defendant, up to a specified amount, if the defendant fails to appear in court at the time of trial.

The Act provides that a driver of a vehicle may overtake and pass on the right of another vehicle that is making a left turn on a roadway with unobstructed pavement of sufficient width for two or more lines of traffic moving in the same direction as the vehicle being passed. The Act prohibits driving off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway in overtaking or passing on the right or the left. Violators are subject to a scheduled fine of $50.

The Act authorizes a law enforcement agency to check for financial liability coverage during a routine roadblock. If a driver is unable to provide proof of financial liability coverage, the violation is punishable under Code Section 321.20B.

The Act eliminates the requirement for an unsecured appearance bond in a motor vehicle accident that involves damages of less than $1,000, because an appearance bond is already required under Code Section 805.6. An unsecured appearance bond authorizes the court to enter a conviction and render judgment against a defendant in the amount of the unsecured appearance bond if the defendant fails to appear in court.

HOUSE FILE 623 - Driver's License or Nonoperator's Identification Card Applications or Renewals Selective Service Registration (full text of bill)
BY COMMITTEE ON TRANSPORTATION. This Act provides for automatic registration with the U.S. Selective Service System upon application for a driver's license or nonoperator's identification card. A person who applies for a driver's license or nonoperator's identification card, or for renewal of a driver's license or nonoperator's identification card, who is required to register with the Selective Service System, shall be registered. The Iowa Department of Transportation is to provide notice on the application that submission of the application serves as consent to registration. The department is required to forward the necessary personal information about the applicant to the Selective Service System. If the applicant refuses to be registered after being given information on the penalties for failure to do so, the department shall forward applicable personal information about the applicant and notice of the refusal to register to the Selective Service System.

HOUSE FILE 656 - Fire Fighter Motor Vehicle Registration Plates - Fees (full text of bill)
BY COMMITTEE ON APPROPRIATIONS. This Act requires that special fees charged for fire fighter motor vehicle license plates are to be used by the Fire Service Training Bureau to offset fire fighter training costs. The Paul Ryan Memorial Fire Fighter Safety Training Fund is created under the control of the Department of Public Safety for receipt of the funds. The Act specifies that current and retired, but not terminated, fire fighters are eligible for the special plates.