REPORT OF THE SECOND CONFERENCE COMMITTEE

ON HOUSE FILE 635
   To the Speaker of the House of Representatives and the President of the Senate:

   We, the undersigned members of the second conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 635, a bill for an Act relating to matters under the purview of the department of transportation, providing fees, and including effective date provisions, respectfully make the following report:

   1.  That the House recedes from its amendment, S-3170.
   2.  That the Senate recedes from its amendment, H-1265.
   3.  That House File 635, as amended, passed, and reprinted by the House, is amended to read as follows:
   1.  Page 10, by striking lines 13 through 31.
   2.  Page 11, after line 6 by inserting: 
   <Sec. ___.  NEW SECTION.  307.27A  Insurance verification program.
   1.  The department shall adopt rules for the creation and administration of an insurance verification program to electronically verify compliance with the requirements of section 321.20B. The department may revoke the registration of a motor vehicle for which compliance cannot be verified 

electronically pursuant to the program, and may refuse to reinstate the registration for the motor vehicle until the owner of the motor vehicle has provided proof of financial liability coverage, as defined in section 321.1, and has paid to the department an administrative reinstatement fee of one hundred dollars, which shall be in addition to any other penalty imposed by law. Administrative reinstatement fees collected pursuant to this subsection shall be retained by the department as repayment receipts, as defined in section 8.2, and shall be used exclusively to offset the costs of administering the program, including any payments made to a third-party vendor.
   2.  Rules adopted by the department pursuant to this section shall include a notification schedule for registration revocation and a procedure by which a revoked registration may be reinstated. Rules adopted by the department pursuant to this section shall require each insurer that issues a motor vehicle liability policy, as defined in section 321A.21, to the owner of a motor vehicle registered in this state to submit to the department twice per month information that demonstrates that financial liability coverage is in effect for the insured vehicle, including each insured’s name, date of birth, and driver’s license number if available, the make, model, year, and vehicle identification number of the vehicle, the policy number and effective date of each policy, and any other information necessary to administer the program. An insurer that fails to provide information as required shall be subject to a civil penalty as determined by the department by rule, which shall not exceed one thousand dollars per day.
   3.  a.  The department shall contract with a third-party vendor to act as the department’s designated agent for administration of the insurance verification program. The department shall select the vendor through a competitive bidding process.
   b.  Notwithstanding section 321.11, the department may provide data and information to the third-party vendor as may be necessary for administration of the program. Any data or information received by the third-party vendor in the administration of the program, whether from the department or an insurer, shall be confidential and shall not be used for any other purpose.
   4.  The insurance verification program implemented by the department pursuant to this section shall not take effect until July 1, 2016, and shall not operate after June 30, 2020.
   5.  This section is repealed June 30, 2020.>
   3.  Page 17, after line 12 by inserting: 
   <Sec. ___.  Section 321.1, subsection 8, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  A person who is authorized as a driver by a transportation network company is not a chauffeur when transporting passengers pursuant to the authorization. A local authority shall not require a Class “D” driver’s license endorsement pursuant to section 321.236, subsection 7, as a qualification for the operation of a motor vehicle by a driver to transport passengers pursuant to an authorization by a transportation network company.>
   4.  Page 17, after line 32 by inserting: 
   <Sec. ___.  Section 321.1, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  86.  “Transportation network company” means a proprietorship, partnership, limited partnership, corporation, limited liability company, or other entity that facilitates prearranged rides using a digital platform that connects passengers with a person authorized by the transportation network company to use a personal vehicle operated by the person to provide the prearranged rides.>
   5.  Page 20, by striking lines 23 through 31 and inserting: 
   <(1)  (a)  A Subject to subparagraph division (b), a statement printed on it as follows: “Unauthorized use of this placard as indicated in Iowa Code chapter 321L may result in a fine, invalidation of the placard, or revocation of the right to use the placard. This placard shall be displayed only when the vehicle is parked in a persons with disabilities parking space or in a parking space not designated as a persons with disabilities parking space if a wheelchair parking cone is used pursuant to Iowa Code section 321L.2A.”
   (b)  After the department has issued the existing supply of placards bearing the statement set forth in subparagraph division (a), the statement printed on each newly issued placard shall be as follows: “Remove from mirror before operating vehicle.”>
   6.  Page 25, after line 5 by inserting: 
   <Sec. ___.  Section 321.1A, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  a.  For purposes of issuing commercial learner’s permits and commercial driver’s licenses under this chapter, there is a rebuttable presumption that a natural person is a resident of this state if all of the following conditions exist:
   (1)  The person is enrolled in a commercial driver’s license training program administered by an Iowa-based motor carrier, or its subsidiary, designated by the department as a third-party tester pursuant to section 321.187.
   (2)  The person is in the process of applying for a commercial learner’s permit for the purpose of completing the training program.
   (3)  The person is residing in this state for the duration of the training program.
   b.  This subsection shall not apply if such application results in noncompliance with 49 C.F.R. pt. 384.>
   7.  Page 41, after line 11 by inserting: 
   <Sec. ___.  EFFECTIVE UPON ENACTMENT ON OR AFTER JULY 1.  Unless otherwise provided, this division of this Act, if approved by the governor on or after July 1, 2015, takes effect upon enactment.>
   8.  By renumbering, redesignating, and correcting internal references as necessary.

ON THE PART OF THE HOUSE:

______________________________
BRIAN MOORE, CHAIRPERSON

______________________________
BRIAN BEST

______________________________
GUY VANDER LINDEN

ON THE PART OF THE SENATE:

______________________________
JEFF DANIELSON, CHAIRPERSON

______________________________
BILL ANDERSON

______________________________
JAKE CHAPMAN