House File 2651 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2651
  1  2
  1  3                             AN ACT
  1  4 RELATING TO POLICIES FOR THE ADMINISTRATION OF HIGHWAYS AND
  1  5    THE REGULATION OF MOTOR VEHICLES AND TO DEPOSITS MADE BY A
  1  6    COUNTY TO THE SECONDARY ROAD FUND, PHYSICAL ABILITY TESTS
  1  7    REQUIRED FOR FIRE FIGHTER APPLICANTS, AND CERTAIN OBLIGATIONS
  1  8    GUARANTEED BY HIGHWAY FUNDS INCLUDING MATTERS CONCERNING
  1  9    UTILITY FACILITY RELOCATION DUE TO HIGHWAY CONSTRUCTION, THE
  1 10    BID THRESHOLD FOR EMERGENCY HIGHWAY REPAIRS, PROVIDING FOR
  1 11    NEW COLLEGIATE MOTOR VEHICLE REGISTRATION PLATES AND
  1 12    PROVIDING FEES, THE FEE FOR REPLACEMENT OF SPECIAL DEALER
  1 13    REGISTRATION PLATES, ANTIQUE MOTOR VEHICLE REGISTRATION FEES,
  1 14    USED MOTOR VEHICLE DEALER EDUCATION REQUIREMENTS, PENALTIES
  1 15    FOR SPEEDING VIOLATIONS COMMITTED IN ROAD WORK ZONES, ACCESS
  1 16    TO PERSONS WITH DISABILITIES PARKING SPACES FOR CERTAIN
  1 17    DISABLED VETERANS, AND PERMITS AND FEES FOR THE MOVEMENT OF
  1 18    CERTAIN OVERSIZE OR OVERWEIGHT VEHICLES, DRINKING DRIVER
  1 19    COURSES OFFERED AT STATE CORRECTIONAL FACILITIES, ESTABLISH-
  1 20    MENT OF BENEFITED SECONDARY ROAD SERVICES DISTRICTS, AND THE
  1 21    DEFEASANCE OF PETROLEUM UNDERGROUND STORAGE TANK FUND BONDS,
  1 22    AND PROVIDING AN EFFECTIVE DATE.
  1 23
  1 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 25
  1 26    Section 1.  NEW SECTION.  306.47  UTILITY FACILITIES
  1 27 RELOCATION POLICY.
  1 28    It is the policy of the general assembly that a proactive,
  1 29 cooperative coordination between the department, local
  1 30 governments, private and public utility companies, and other
  1 31 affected parties is the most effective way to minimize costs,
  1 32 eliminate the need for utilities to relocate facilities, limit
  1 33 disruption of utility services related to federal, state, or
  1 34 local highway construction projects, and limit the potential
  1 35 need for relocation of utility facilities.
  2  1    All potentially affected parties shall be invited to
  2  2 participate in development meetings at the design phase of a
  2  3 highway construction project to review plans, understand goals
  2  4 and objectives of the proposed project, and discuss options
  2  5 that would limit the impact of the construction on utility
  2  6 facilities and thereby minimize or even eliminate costs
  2  7 associated with utility facility relocation.  All
  2  8 jurisdictions and other interested parties shall cooperate to
  2  9 discuss strategies and policies to utilize the Iowa one call
  2 10 system in the development of a highway construction project.
  2 11 Failure of the affected parties to respond or participate
  2 12 during the design phase shall not in any way affect the
  2 13 ability of the federal, state, or local agency to proceed with
  2 14 design and construction.
  2 15    Sec. 2.  Section 313.10, subsection 3, Code 2007, is
  2 16 amended to read as follows:
  2 17    3.  The necessary work can be done for less than five
  2 18 hundred thousand one million dollars.
  2 19    Sec. 3.  NEW SECTION.  314.29  DICK DRAKE WAY.
  2 20    The highway currently known as the industrial connector in
  2 21 Muscatine shall be renamed "Dick Drake Way" in honor of
  2 22 Richard Drake, who served for thirty=six years as a member of
  2 23 the general assembly of the state of Iowa.
  2 24    Sec. 4.  Section 321.34, subsection 7, paragraph a, Code
  2 25 Supplement 2007, is amended to read as follows:
  2 26    a.  Upon application and payment of the proper fees, the
  2 27 director may issue to the owner of a motor vehicle subject to
  2 28 registration under section 321.109, subsection 1, motor truck,
  2 29 motor home, multipurpose vehicle, trailer over two thousand
  2 30 pounds, or travel trailer registered in this state, collegiate
  2 31 registration plates created pursuant to this subsection.  Upon
  2 32 receipt of the collegiate registration plates, the applicant
  2 33 shall surrender the regular registration plates to the county
  2 34 treasurer.
  2 35    Sec. 5.  Section 321.34, Code Supplement 2007, is amended
  3  1 by adding the following new subsection:
  3  2    NEW SUBSECTION.  7A.  COLLEGIATE PLATES == PRIVATE
  3  3 FOUR=YEAR COLLEGES AND UNIVERSITIES.
  3  4    a.  Upon application by a private four=year college or
  3  5 university located in this state and payment of the initial
  3  6 set=up costs for establishing the collegiate plate, the
  3  7 department, in consultation with the college or university,
  3  8 may design a special collegiate registration plate displaying
  3  9 the colors associated with the college or university.
  3 10    b.  Upon application and payment of the proper fees, the
  3 11 director may issue to the owner of a motor vehicle subject to
  3 12 registration under section 321.109, subsection 1, motor truck,
  3 13 motor home, multipurpose vehicle, trailer over two thousand
  3 14 pounds, or travel trailer registered in this state, collegiate
  3 15 registration plates created pursuant to this subsection.  The
  3 16 fee for the issuance of collegiate registration plates is
  3 17 twenty=five dollars, which fee is in addition to the regular
  3 18 annual registration fee for the vehicle.  An applicant may
  3 19 obtain a personalized collegiate registration plate upon
  3 20 payment of the additional fee for a personalized plate as
  3 21 provided in subsection 5 in addition to the collegiate plate
  3 22 fee and the regular registration fee.  The county treasurer
  3 23 shall validate collegiate registration plates issued under
  3 24 this subsection in the same manner as regular registration
  3 25 plates, upon payment of five dollars in addition to the
  3 26 regular annual registration fee.  Upon receipt of the
  3 27 collegiate registration plates, the applicant shall surrender
  3 28 the regular registration plates to the county treasurer.
  3 29    c.  A personalized collegiate registration plate shall not
  3 30 be issued if its combination of alphanumeric characters are
  3 31 identical to those contained on a current personalized
  3 32 registration plate issued under subsection 5.  However, the
  3 33 owner of a motor vehicle who has a personalized registration
  3 34 plate issued for the motor vehicle may, after proper
  3 35 application and payment of fees, be issued a collegiate
  4  1 registration plate containing the same alphanumeric characters
  4  2 as those on the personalized plate.  Upon receipt of the
  4  3 collegiate registration plates, the owner shall surrender the
  4  4 personalized registration plates to the county treasurer.
  4  5    Sec. 6.  Section 321.42, subsection 1, Code 2007, is
  4  6 amended to read as follows:
  4  7    1.  If a registration card, plate, or pair of plates is
  4  8 lost or becomes illegible, the owner shall immediately apply
  4  9 for replacement.  The fee for a replacement registration card
  4 10 shall be is three dollars.  The fee for a replacement plate or
  4 11 pair of plates shall be other than a replacement of a special
  4 12 plate issued pursuant to section 321.60 is five dollars.  The
  4 13 fee for replacement of a special plate issued pursuant to
  4 14 section 321.60 is forty dollars.  When the owner has furnished
  4 15 information required by the department and paid the proper
  4 16 fee, a duplicate, substitute, or new registration card, plate,
  4 17 or pair of plates may be issued.  The county treasurer or the
  4 18 department may waive the fee for a replacement plate if the
  4 19 plate is lost during a documented accident.
  4 20    Sec. 7.  Section 321.166, subsection 5, Code 2007, is
  4 21 amended to read as follows:
  4 22    5.  There shall be a marked contrast between the color of
  4 23 the registration plates and the data which is required to be
  4 24 displayed on the registration plates.  When a new series of
  4 25 registration plates is issued to replace a current series, the
  4 26 new registration plates shall be of a distinctively different
  4 27 color from the series which is replaced, except for collegiate
  4 28 registration plates issued under section 321.34, subsection 7
  4 29 or 7A.
  4 30    Sec. 8.  Section 321.253, Code 2007, is amended to read as
  4 31 follows:
  4 32    321.253  DEPARTMENT TO ERECT SIGNS.
  4 33    1.  The department shall place and maintain such
  4 34 traffic=control devices, conforming to its manual and
  4 35 specifications, upon all primary highways as it shall deem
  5  1 deems necessary to indicate and to carry out the provisions of
  5  2 this chapter or to regulate, warn, or guide traffic.  Whenever
  5  3 practical, said the devices or signs shall be purchased from
  5  4 the director of the Iowa department of corrections.
  5  5    2.  The department shall post signs informing motorists of
  5  6 the penalties for speeding in a road work zone and that the
  5  7 scheduled fine for committing a any other moving traffic
  5  8 violation in a road work zone is doubled.
  5  9    Sec. 9.  Section 321E.1, Code 2007, is amended to read as
  5 10 follows:
  5 11    321E.1  PERMITS BY DEPARTMENT AND LOCAL AUTHORITIES.
  5 12    1.  The department and local authorities may in their
  5 13 discretion and upon application and with good cause being
  5 14 shown issue permits for the movement of construction machinery
  5 15 or asphalt repavers being temporarily moved on streets, roads
  5 16 or highways and for vehicles with indivisible loads which
  5 17 exceed the maximum dimensions and weights specified in
  5 18 sections 321.452 to through 321.466, but not to exceed the
  5 19 limitations imposed in this section and sections 321E.1 to
  5 20 321E.2 through 321E.15 except as provided in section 321E.29.
  5 21    2.  Vehicles permitted to transport indivisible loads may
  5 22 exceed do any of the following:
  5 23    a.  Exceed the width and length limitations specified in
  5 24 sections 321.454 and 321.457 for the purpose of picking up an
  5 25 indivisible load or returning from delivery of the indivisible
  5 26 load.
  5 27    b.  Move indivisible special mobile equipment which does
  5 28 not otherwise exceed the maximum dimensions and weights
  5 29 specified in sections 321.452 through 321.466 if the vehicle
  5 30 has an overall width not to exceed nine feet and all other
  5 31 conditions of the vehicle's permit are met.
  5 32    3.  Permits issued may be single=trip, multi=trip, or
  5 33 annual permits.  Permits shall be in writing and shall be
  5 34 carried in the cab of the vehicle for which the permit has
  5 35 been issued and shall be available for inspection at all
  6  1 times.  The vehicle and load for which the permit has been
  6  2 issued shall be open to inspection by a peace officer or an
  6  3 authorized agent of a permit granting authority.
  6  4    4.  When in the judgment of the issuing authority in cities
  6  5 and counties the movement of a vehicle with an indivisible
  6  6 load or construction machinery which exceeds the maximum
  6  7 dimensions and weights will be unduly hazardous to public
  6  8 safety or will cause undue damage to streets, avenues,
  6  9 boulevards, thoroughfares, highways, curbs, sidewalks, trees,
  6 10 or other public or private property, the permit shall be
  6 11 denied and the reasons for denial endorsed on the application.
  6 12 Permits shall designate the days when and routes upon which
  6 13 loads and construction machinery may be moved within a county
  6 14 on other than primary roads.
  6 15    5.  Local authorities may allow persons requesting permits
  6 16 under this chapter to do so by means of a telephone or
  6 17 facsimile machine, authorizing payment for the permits to be
  6 18 made upon receipt of an invoice sent to the persons by the
  6 19 local authorities.
  6 20    Sec. 10.  Section 321E.7, subsection 4, Code Supplement
  6 21 2007, is amended to read as follows:
  6 22    4.  Notwithstanding subsections 1 and 2, a self=propelled
  6 23 implement of husbandry traveling under a permit issued
  6 24 pursuant to section 321E.8A may exceed the maximum axle loads
  6 25 prescribed under section 321.463 only when operated on a
  6 26 noninterstate highway in a county covered under the permit,
  6 27 provided the weight on any one axle does not exceed
  6 28 twenty=five thousand pounds, and provided the current and
  6 29 valid permit is carried in the vehicle.  For purposes of this
  6 30 subsection, "noninterstate highway" does not include a bridge.
  6 31 However, a vehicle traveling under a permit issued pursuant to
  6 32 section 321E.8A is not exempt from posted weight limitations
  6 33 on bridges.
  6 34    Sec. 11.  Section 321E.8, Code 2007, is amended by adding
  6 35 the following new subsection:
  7  1    NEW SUBSECTION.  3.  Notwithstanding any other provision of
  7  2 law to the contrary, cranes exceeding the maximum gross weight
  7  3 on any axle as prescribed in section 321.463 and used in the
  7  4 construction of alternative energy facilities may be moved
  7  5 with approval from the permit issuing authority.
  7  6    Sec. 12.  Section 321E.8A, subsection 1, Code Supplement
  7  7 2007, is amended to read as follows:
  7  8    1.  A self=propelled implement of husbandry equipped with
  7  9 flotation tires that is designed to be loaded and operated in
  7 10 the field and used exclusively for the application of organic
  7 11 or inorganic plant food materials, agricultural limestone, or
  7 12 agricultural chemicals, and that, as newly manufactured,
  7 13 exceeds the axle weight limits under section 321.463 when
  7 14 unloaded, may be operated on noninterstate highways, excluding
  7 15 bridges, in a county pursuant to a permit issued by the
  7 16 department for travel within the county, provided the vehicle
  7 17 does not violate posted weight limitations on bridges.  Prior
  7 18 to issuing a permit, the department shall collect a fee of six
  7 19 hundred dollars for each county in which the vehicle will be
  7 20 operated during the period of the permit beginning July 1 and
  7 21 ending June 30, provided that a permit shall not be issued for
  7 22 a vehicle for operation in more than ten counties and the
  7 23 total amount of fees collected for a vehicle for the period of
  7 24 the permit shall not exceed three thousand five hundred
  7 25 dollars.  Moneys collected by the department on behalf of the
  7 26 counties in which the vehicle will be operated shall be
  7 27 allotted equally to those counties and deposited in the
  7 28 secondary road funds of those counties.  A vehicle for which a
  7 29 permit is issued under this section shall be assigned a permit
  7 30 number that shall be displayed on the door of the vehicle in
  7 31 numbers that contrast sharply in color with the background on
  7 32 which the number is placed, be readily legible during daylight
  7 33 hours from a distance of fifty feet when the vehicle is
  7 34 stationary, and be maintained in a manner that retains the
  7 35 legibility.  Only vehicles originally purchased or ordered
  8  1 prior to February 1, 2007, are eligible for a permit.  New
  8  2 permits shall not be issued on or after July 1, 2007; however,
  8  3 a permit issued for a vehicle under this section prior to July
  8  4 1, 2007, may be renewed for that vehicle annually upon payment
  8  5 of the appropriate county fees.
  8  6    Sec. 13.  Section 321E.9, subsection 3, Code 2007, is
  8  7 amended to read as follows:
  8  8    3.  Cranes, exceeding the maximum gross weight on any axle
  8  9 as prescribed in section 321.463, but not exceeding
  8 10 twenty=four thousand pounds, may be moved in accordance with
  8 11 rules adopted pursuant to chapter 17A.  Notwithstanding any
  8 12 other provision of law to the contrary, cranes exceeding the
  8 13 maximum gross weight on any axle as prescribed in section
  8 14 321.463 and used in the construction of alternative energy
  8 15 facilities may be moved with approval from the permit issuing
  8 16 authority.
  8 17    Sec. 14.  NEW SECTION.  321E.9B  SPECIAL ALTERNATIVE ENERGY
  8 18 MULTITRIP PERMIT.
  8 19    Subject to the discretion and judgment provided for in
  8 20 section 321E.1, a multitrip permit shall be issued for
  8 21 operation of vehicles in accordance with the following
  8 22 provisions:
  8 23    1.  Vehicles with an indivisible load having an overall
  8 24 length not to exceed two hundred twenty=five feet, an overall
  8 25 width not to exceed sixteen feet, a height not to exceed
  8 26 sixteen feet, and a total gross weight not to exceed two
  8 27 hundred fifty=six thousand pounds may be moved on highways
  8 28 specified by the permitting authority to an alternative energy
  8 29 construction site or staging area for alternative energy
  8 30 transportation, provided the gross weight on any one axle
  8 31 shall not exceed twenty thousand pounds.
  8 32    2.  The special alternative energy multitrip permit shall
  8 33 not exceed twelve months in duration.
  8 34    3.  The permitting authority shall have discretion to
  8 35 include restrictions and require special considerations, such
  9  1 as responsibility for protection or repair of the roadway and
  9  2 bridges, prior to issuance of the permit.
  9  3    Sec. 15.  Section 321E.14, unnumbered paragraph 1, Code
  9  4 2007, is amended to read as follows:
  9  5    The department or local authorities issuing permits shall
  9  6 charge a fee of twenty=five dollars for an annual permit
  9  7 issued under section 321E.8, subsection 1, a fee of three
  9  8 hundred dollars for an annual permit issued under section
  9  9 321E.8, subsection 2, a fee of two hundred dollars for a
  9 10 multi=trip multitrip permit issued under section 321E.9A, a
  9 11 fee of six hundred dollars for a special alternative energy
  9 12 multitrip permit issued under section 321E.9B, and a fee of
  9 13 ten dollars for a single=trip permit, and shall determine
  9 14 charges for special permits issued pursuant to section 321E.29
  9 15 by rules adopted pursuant to chapter 17A.  Fees for the
  9 16 movement of buildings, parts of buildings, or unusual vehicles
  9 17 or loads may be increased to cover the costs of inspections by
  9 18 the issuing authority.  A fee not to exceed two hundred fifty
  9 19 dollars per day or a prorated fraction of that fee per person
  9 20 and car for escort service may be charged when requested or
  9 21 when required under this chapter.  Proration of escort fees
  9 22 between state and local authorities when more than one
  9 23 governmental authority provides or is required to provide
  9 24 escort for a movement during the period of a day shall be
  9 25 determined by rule under section 321E.15.  The department and
  9 26 local authorities may charge a permit applicant for the cost
  9 27 of trimming trees and removal and replacement of natural
  9 28 obstructions or official signs and signals or other public or
  9 29 private property required to be removed during the movement of
  9 30 a vehicle and load.  In addition to the fees provided in this
  9 31 section, the annual fee for a permit for special mobile
  9 32 equipment, as defined in section 321.1, subsection 75,
  9 33 operated pursuant to section 321E.7, subsection 3, with a
  9 34 combined gross weight up to and including eighty thousand
  9 35 pounds shall be twenty=five dollars and for a combined gross
 10  1 weight exceeding eighty thousand pounds, fifty dollars.
 10  2    Sec. 16.  Section 321J.22, subsections 2, 4, and 5, Code
 10  3 2007, are amended to read as follows:
 10  4    2.  a.  The course provided according to this section shall
 10  5 be offered on a regular basis at each community college as
 10  6 defined in section 260C.2, or by substance abuse treatment
 10  7 programs licensed under chapter 125, or may be offered at a
 10  8 state correctional facility listed in section 904.102.
 10  9 However, a community college shall not be required to offer
 10 10 the course if a substance abuse treatment program licensed
 10 11 under chapter 125 offers the course within the merged area
 10 12 served by the community college.
 10 13    b.  Enrollment in the courses is not limited to persons
 10 14 ordered to enroll, attend, and successfully complete the
 10 15 course required under sections 321J.2 and 321J.17, subsection
 10 16 2.  However, any person under age eighteen who is required to
 10 17 attend the courses for violation of section 321J.2 or 321J.17
 10 18 must attend a course offered by a substance abuse treatment
 10 19 program licensed under chapter 125.
 10 20    c.  The course required by this section shall be:
 10 21    (1)  Taught by a community college under the supervision of
 10 22 the department of education or by a substance abuse treatment
 10 23 program licensed under chapter 125, and may be offered at a
 10 24 state correctional facility.
 10 25    (2)  Approved by the department of education, in
 10 26 consultation with the community colleges, and substance abuse
 10 27 treatment programs licensed under chapter 125, the department
 10 28 of public health, and the department of corrections.
 10 29    d.  The department of education shall establish reasonable
 10 30 fees to defray the expense of obtaining classroom space,
 10 31 instructor salaries, and class materials for courses offered
 10 32 both by community colleges and by substance abuse treatment
 10 33 programs licensed under chapter 125, or for classes offered at
 10 34 a state correctional facility, and for administrative expenses
 10 35 incurred by the department of education in implementing
 11  1 subsection 5 on behalf of in=state and out=of=state offenders.
 11  2    e.  A person shall not be denied enrollment in a course by
 11  3 reason of the person's indigency.
 11  4    4.  The department of education, and substance abuse
 11  5 treatment programs licensed under chapter 125, and state
 11  6 correctional facilities shall prepare for their respective
 11  7 courses a list of the locations of the courses taught under
 11  8 this section, the dates and times taught, the procedure for
 11  9 enrollment, and the schedule of course fees.  The list shall
 11 10 be kept current and a copy of the list shall be sent to each
 11 11 court having jurisdiction over offenses provided in this
 11 12 chapter.
 11 13    5.  The department of education, and substance abuse
 11 14 treatment programs licensed under chapter 125, and state
 11 15 correctional facilities shall maintain enrollment, attendance,
 11 16 successful and nonsuccessful completion data for their
 11 17 respective courses on the persons ordered to enroll, attend,
 11 18 and successfully complete a course for drinking drivers.  This
 11 19 data shall be forwarded to the court by both the department of
 11 20 education, and substance abuse treatment programs licensed
 11 21 under chapter 125, and the department of corrections.
 11 22    Sec. 17.  Section 321L.2, Code 2007, is amended by adding
 11 23 the following new subsection:
 11 24    NEW SUBSECTION.  5.  A seriously disabled veteran who has
 11 25 been provided with an automobile or other vehicle by the
 11 26 United States government under the provisions of 38 U.S.C. }
 11 27 1901 et seq. (1970) is not required to apply for a
 11 28 disabilities parking permit under this section unless the
 11 29 veteran has been issued special registration plates or
 11 30 personalized plates for the vehicle.  The regular registration
 11 31 plates issued for the disabled veteran's vehicle without fee
 11 32 pursuant to section 321.105 entitle the disabled veteran to
 11 33 all of the rights and privileges associated with persons with
 11 34 disabilities parking permits under this chapter.
 11 35    Sec. 18.  Section 322.7A, subsection 2, Code Supplement
 12  1 2007, is amended to read as follows:
 12  2    2.  A person seeking renewal of a used motor vehicle dealer
 12  3 license shall complete a minimum of five hours of continuing
 12  4 education program courses over a two=year period pursuant to
 12  5 this section prior to submitting an application for license
 12  6 renewal.  However, an applicant for renewal of a used motor
 12  7 vehicle dealer license who has met the prelicensing education
 12  8 requirement under subsection 1 within the preceding twelve
 12  9 twenty=four months is exempt from the continuing education
 12 10 requirement for license renewal.
 12 11    Sec. 19.  Section 331.382, subsection 8, unnumbered
 12 12 paragraph 2, Code 2007, is amended to read as follows:
 12 13    However, the board may assume and exercise the powers and
 12 14 duties of a governing body under chapter 357, 357A, 357B, 358
 12 15 or chapter 468, subchapter III, if a governing body
 12 16 established under one of those chapters has insufficient
 12 17 membership to perform its powers and duties, and the board,
 12 18 upon petition of the number of property owners within a
 12 19 proposed district and filing of a bond as provided in section
 12 20 357A.2, may establish a service district within the
 12 21 unincorporated area of the county and exercise within the
 12 22 district the powers and duties granted in chapter 357, 357A,
 12 23 357B, 357C, 357I, 358, 359, 384, division IV, or chapter 468,
 12 24 subchapter III.
 12 25    Sec. 20.  Section 331.429, subsection 1, paragraphs a and
 12 26 b, Code 2007, are amended to read as follows:
 12 27    a.  Transfers from the general fund not to exceed in any
 12 28 year the dollar equivalent of a tax of sixteen and
 12 29 seven=eighths cents per thousand dollars of assessed value on
 12 30 all taxable property in the county multiplied by the ratio of
 12 31 current taxes actually collected and apportioned for the
 12 32 general basic levy to the total general basic levy for the
 12 33 current year, and an amount equivalent to the moneys derived
 12 34 by the general fund from military service tax credits under
 12 35 chapter 426A, manufactured or mobile home taxes under section
 13  1 435.22, and delinquent taxes for prior years collected and
 13  2 apportioned to the general basic fund in the current year,
 13  3 multiplied by the ratio of sixteen and seven=eighths cents to
 13  4 three dollars and fifty cents.  The limit on transfers in this
 13  5 paragraph applies only to property tax revenue and is not a
 13  6 limit on transfers of revenue generated from sources other
 13  7 than property taxes.
 13  8    b.  Transfers from the rural services fund not to exceed in
 13  9 any year the dollar equivalent of a tax of three dollars and
 13 10 three=eighths cents per thousand dollars of assessed value on
 13 11 all taxable property not located within the corporate limits
 13 12 of a city in the county multiplied by the ratio of current
 13 13 taxes actually collected and apportioned for the rural
 13 14 services basic levy to the total rural services basic levy for
 13 15 the current year and an amount equivalent to the moneys
 13 16 derived by the rural services fund from military service tax
 13 17 credits under chapter 426A, manufactured or mobile home taxes
 13 18 under section 435.22, and delinquent taxes for prior years
 13 19 collected and apportioned to the rural services basic fund in
 13 20 the current year, multiplied by the ratio of three dollars and
 13 21 three=eighths cents to three dollars and ninety=five cents.
 13 22 The limit on transfers in this paragraph applies only to
 13 23 property tax revenue and is not a limit on transfers of
 13 24 revenue generated from sources other than property taxes.
 13 25    Sec. 21.  NEW SECTION.  357I.1  DEFINITIONS.
 13 26    As used in this chapter, unless the context otherwise
 13 27 requires:
 13 28    1.  "Board" means the board of supervisors of a county.
 13 29    2.  "Book", "list", "record", or "schedule" kept by a
 13 30 county auditor, assessor, treasurer, recorder, sheriff, or
 13 31 other county officer means the county system as defined in
 13 32 section 445.1.
 13 33    3.  "District" means a benefited secondary road services
 13 34 district.
 13 35    4.  "Trustee" means a trustee of a district.
 14  1    Sec. 22.  NEW SECTION.  357I.2  PETITION FOR PUBLIC
 14  2 HEARING.
 14  3    1.  The board shall, on the petition of twenty=five percent
 14  4 of the resident property owners in a proposed district if the
 14  5 assessed valuation of the property owned by the petitioners
 14  6 represents at least twenty=five percent of the total assessed
 14  7 value of the proposed district, hold a public hearing
 14  8 concerning the establishment of a proposed district.  The
 14  9 petition shall include a statement containing the following
 14 10 information:
 14 11    a.  The need for secondary road services.
 14 12    b.  The district to be served.
 14 13    c.  The approximate number of families in the district.
 14 14    d.  A general description of the secondary road services to
 14 15 be provided in the district by the county.
 14 16    2.  The board may require a bond of the petitioners
 14 17 conditioned for the payment of all costs and expenses incurred
 14 18 in the proceedings in case the district is not established.
 14 19    3.  If part or all of the proposed district lies within two
 14 20 miles of the boundaries of a city, the board shall send a copy
 14 21 of the petition to each such city before scheduling the public
 14 22 hearing on the petition.  A city that receives a copy of the
 14 23 petition may require that any road or street improvements and
 14 24 associated drainage improvements constructed within the
 14 25 district after establishment of the district be constructed in
 14 26 compliance with requirements for such improvements then in
 14 27 effect within the city.  The city shall notify the board of
 14 28 the city's response to the petition within thirty days of
 14 29 receiving the petition.  If the city wants requirements for
 14 30 road or street improvements and associated drainage
 14 31 improvements then in effect within the city to apply within
 14 32 the district, the requirements shall be included in the
 14 33 resolution of the board establishing the district and shall be
 14 34 incorporated into the plans and specifications for the
 14 35 improvements prepared by the district engineer or county
 15  1 engineer.  The plans and specifications shall be subject to
 15  2 approval by the board and by the city council of each affected
 15  3 city, which approval must occur before commencement of
 15  4 construction.  If costs for construction of improvements
 15  5 according to a city's standards exceed the costs for such
 15  6 construction according to county standards, the petitioner
 15  7 shall pay the difference in the costs.
 15  8    Sec. 23.  NEW SECTION.  357I.3  LIMITATION ON AREA AND
 15  9 PROPERTY COMPRISING DISTRICT.
 15 10    1.  A district is limited to property within a residential
 15 11 subdivision that was in existence prior to January 1, 2007,
 15 12 and that has received county road services pursuant to an
 15 13 agreement between the county and residents of the subdivision
 15 14 prior to July 1, 2008.
 15 15    2.  Subject to the limitations in subsection 1, a district
 15 16 may include all or parts of the unincorporated areas of one
 15 17 township and any unincorporated areas of adjoining townships
 15 18 or parts of adjoining townships.
 15 19    Sec. 24.  NEW SECTION.  357I.4  TIME OF HEARING.
 15 20    The public hearing required in section 357I.2 shall be held
 15 21 within thirty days of the presentation of the petition.
 15 22 Notice of hearing shall be given by publication in two
 15 23 successive issues of any newspaper of general circulation
 15 24 within the district.  The last publication shall be not less
 15 25 than one week before the proposed hearing.
 15 26    Sec. 25.  NEW SECTION.  357I.5  ACTION BY BOARD.
 15 27    After, and within ten days of, the hearing, the board shall
 15 28 either establish the district by resolution or disallow the
 15 29 petition.
 15 30    Sec. 26.  NEW SECTION.  357I.6  ENGINEER.
 15 31    1.  When the board establishes a district, the board shall
 15 32 appoint a competent disinterested civil engineer, who shall
 15 33 prepare a preliminary plat showing:
 15 34    a.  The proper design in general outline of the district.
 15 35    b.  The lots and parcels of land within the proposed
 16  1 district as they appear on the county auditor's plat books
 16  2 with the names of the owners.
 16  3    c.  The assessed valuation of the lots and parcels.
 16  4    2.  The compensation of the engineer on the preliminary
 16  5 investigation shall be determined by the board.  The engineer
 16  6 shall file a report with the county auditor within thirty days
 16  7 of appointment.  The board may extend the time upon good cause
 16  8 shown.
 16  9    Sec. 27.  NEW SECTION.  357I.7  HEARING ON ENGINEER'S
 16 10 REPORT.
 16 11    After the engineer's report is filed, the board shall give
 16 12 notice, as provided in section 357I.4, of a public hearing to
 16 13 be held concerning the engineer's preliminary plat.
 16 14    Sec. 28.  NEW SECTION.  357I.8  ELECTION ON PROPOSED LEVY
 16 15 AND CANDIDATES FOR TRUSTEES.
 16 16    When a preliminary plat has been approved by the board, an
 16 17 election shall be held within the district within sixty days
 16 18 to approve or disapprove the levy of a tax not to exceed in
 16 19 any fiscal year one dollar per thousand dollars of assessed
 16 20 value on all the taxable property within the district and to
 16 21 choose candidates for the offices of trustees of the district.
 16 22 Notice of the election, including the time and place of
 16 23 holding the election, shall be given as provided in section
 16 24 357I.4.  The vote shall be by ballot which shall state clearly
 16 25 the proposition to be voted upon and any registered voter
 16 26 residing within the district at the time of the election may
 16 27 vote.  It is not mandatory for the county commissioner of
 16 28 elections to conduct elections held pursuant to this chapter,
 16 29 but the elections shall be conducted in accordance with
 16 30 chapter 49 where not in conflict with this chapter.  Judges
 16 31 shall be appointed to serve without pay by the board from
 16 32 among the registered voters of the district to be in charge of
 16 33 the election.  The proposition is approved if sixty percent of
 16 34 those voting on the proposition vote in favor of it.
 16 35    Sec. 29.  NEW SECTION.  357I.9  TRUSTEES == TERM AND
 17  1 QUALIFICATION.
 17  2    At the election, the names of up to three candidates for
 17  3 trustee shall be written in by the voters on blank ballots
 17  4 without formal nomination and the board shall appoint three
 17  5 from among the five receiving the highest number of votes as
 17  6 trustees for the district.  One trustee shall be appointed to
 17  7 serve for one year, one for two years, and one for three
 17  8 years.  The trustees and their successors must be residents of
 17  9 the district and shall give bond in the amount required by the
 17 10 board, the premium of which shall be paid by the district.
 17 11 Vacancies shall be filled by election, but if there are no
 17 12 candidates for a trustee office, the vacancy may be filled by
 17 13 appointment by the board.  The term of succeeding trustees
 17 14 shall be three years.
 17 15    Sec. 30.  NEW SECTION.  357I.10  TRUSTEES' POWERS.
 17 16    The trustees may contract only with the county to provide
 17 17 road services including road paving, reconstruction, or
 17 18 maintenance, according to the county's standards for such
 17 19 services, on roads within the district and on any road outside
 17 20 the district that provides a direct route between the
 17 21 subdivision comprising the district and the nearest paved
 17 22 street or highway, other than roads identified under section
 17 23 357I.2, subsection 3, and may certify for levy an annual tax
 17 24 as provided in section 357I.8.  The trustees may purchase
 17 25 materials incidental to the administrative functions of the
 17 26 trustees and perform all other acts necessary to properly
 17 27 maintain and operate the district.  The trustees are allowed
 17 28 necessary expenses in the discharge of their duties, but they
 17 29 shall not receive a salary.
 17 30    Sec. 31.  NEW SECTION.  357I.10A  REVENUES EXCLUDED FROM
 17 31 COUNTY GENERAL FUND TRANSFERS.
 17 32    The amount of revenue collected from the tax levied
 17 33 pursuant to section 357I.8 shall not be included in the
 17 34 calculation of property tax revenues transferred to the
 17 35 secondary road fund annually under section 331.429.
 18  1    Sec. 32.  NEW SECTION.  357I.11  BONDS IN ANTICIPATION OF
 18  2 REVENUE.
 18  3    A district may anticipate the collection of taxes by the
 18  4 levy authorized in this chapter, and to carry out the purposes
 18  5 of this chapter may issue bonds payable in not more than ten
 18  6 equal installments with the rate of interest not exceeding
 18  7 that permitted by chapter 74A.  An indebtedness shall not be
 18  8 incurred under this chapter until authorized by an election.
 18  9 The election shall be held and notice given in the same manner
 18 10 as provided in section 357I.8, and the same sixty percent vote
 18 11 shall be necessary to authorize indebtedness.  Both
 18 12 propositions may be submitted to the voters at the same
 18 13 election.
 18 14    Sec. 33.  NEW SECTION.  357I.12  DISSOLUTION OF DISTRICT.
 18 15    Upon petition of thirty=five percent of the resident
 18 16 eligible electors, the board may dissolve a district and
 18 17 dispose of any remaining property, the proceeds of which shall
 18 18 first be applied against outstanding obligations and any
 18 19 balance shall be applied to tax credit of property owners of
 18 20 the district.  However, if the district is annexed, the board
 18 21 of supervisors may transfer the remaining property and balance
 18 22 to the city which annexed the territory.  The board shall
 18 23 continue to levy a tax after dissolution of a district, of not
 18 24 to exceed twenty=seven cents per thousand dollars of assessed
 18 25 value on all the taxable property of the district, until all
 18 26 outstanding obligations of the district are paid.
 18 27    Sec. 34.  NEW SECTION.  357I.13  INCORPORATION OF DISTRICT
 18 28 LAND.
 18 29    If part of a district is incorporated by a city and there
 18 30 are outstanding indebtedness obligations against the district,
 18 31 the city shall pay the outstanding obligations against the
 18 32 part of the district which is incorporated by the city.
 18 33    Sec. 35.  Section 321.115, subsection 1, as enacted in 2007
 18 34 Iowa Acts, chapter 143, section 12, is amended to read as
 18 35 follows:
 19  1    1.  a.  A motor vehicle twenty=five years old or older may
 19  2 be registered as an antique vehicle upon payment of.  The
 19  3 annual registration fee is the fee provided for in section
 19  4 321.113, 321.122, or 321.124.
 19  5    b.  The owner of a motor truck, truck tractor, road
 19  6 tractor, or motor home that is twenty=five years old or older
 19  7 who desires to use the vehicle exclusively for exhibition or
 19  8 educational purposes at state or county fairs, or at other
 19  9 places where the vehicle may be exhibited for entertainment or
 19 10 educational purposes, may register the vehicle as a "limited
 19 11 use" vehicle in accordance with sections 321.58 through
 19 12 321.62.  The "limited use" registration under this paragraph
 19 13 permits driving of the vehicle upon the public roads to and
 19 14 from state and county fairs or other places of entertainment
 19 15 or education for exhibition or educational purposes and to and
 19 16 from service stations for the purpose of receiving necessary
 19 17 maintenance, or for the purposes of transporting, testing,
 19 18 demonstrating, or selling the vehicle.
 19 19    c.  The owner of a motor vehicle registered under this
 19 20 subsection may display authentic Iowa registration plates from
 19 21 the model year of the motor vehicle, furnished by the person
 19 22 and approved by the department, in lieu of the current and
 19 23 valid Iowa registration plates issued for the vehicle,
 19 24 provided that the current and valid Iowa registration plates
 19 25 and the registration card issued for the vehicle are
 19 26 simultaneously carried within the vehicle and are available
 19 27 for inspection to any peace officer upon the officer's
 19 28 request.
 19 29    Sec. 36.  Section 805.8A, subsection 14, paragraph i, Code
 19 30 2007, is amended to read as follows:
 19 31    i.  ROAD WORK ZONE VIOLATIONS.  The scheduled fine for any
 19 32 moving traffic violation under chapter 321, as provided in
 19 33 this section, shall be doubled if the violation occurs within
 19 34 any road work zone, as defined in section 321.1.  However,
 19 35 notwithstanding subsection 5, the scheduled fine for violating
 20  1 the speed limit in a road work zone is as follows:
 20  2    (1)  One hundred fifty dollars for speed not more than ten
 20  3 miles per hour over the posted speed limit.
 20  4    (2)  Three hundred dollars for speed greater than ten but
 20  5 not more than twenty miles per hour over the posted speed
 20  6 limit.
 20  7    (3)  Five hundred dollars for speed greater than twenty but
 20  8 not more than twenty=five miles per hour over the posted speed
 20  9 limit.
 20 10    (4)  One thousand dollars for speed greater than
 20 11 twenty=five miles per hour over the posted speed limit.
 20 12    Sec. 37.  2007 Iowa Acts, chapter 143, section 35,
 20 13 subsection 4, is amended to read as follows:
 20 14    4.  The sections of this Act amending sections 321.112 and
 20 15 321.115 take effect July 1, 2008 January 1, 2009.
 20 16    Sec. 38.  2007 Iowa Acts, chapter 167, is repealed.
 20 17    Sec. 39.  COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK
 20 18 FUND BONDS == DEFEASANCE.  The Iowa comprehensive petroleum
 20 19 underground storage tank fund board shall authorize the Iowa
 20 20 finance authority to defease all bonds issued pursuant to
 20 21 chapter 455G prior to June 30, 2008.  The authority shall
 20 22 defease the bonds by June 30, 2008, from funds available in
 20 23 the Iowa comprehensive petroleum underground storage tank
 20 24 fund.
 20 25    Sec. 40.  EFFECTIVE DATE.  The sections of this Act
 20 26 amending sections 321E.8, 321E.9, 321E.14, and 322.7A, the
 20 27 section enacting section 321E.9B, and the section repealing
 20 28 2007 Iowa Acts, chapter 167, being deemed of immediate
 20 29 importance, take effect upon enactment.
 20 30    Sec. 41.  CONTINGENT EFFECTIVENESS.  The section of this
 20 31 Act relating to the defeasance of petroleum underground
 20 32 storage tank fund bonds takes effect only upon enactment of
 20 33 legislation striking section 423.43, subsection 1, paragraph
 20 34 "a", Code Supplement 2007, by the Eighty=second General
 20 35 Assembly.
 21  1
 21  2
 21  3                                                             
 21  4                               PATRICK J. MURPHY
 21  5                               Speaker of the House
 21  6
 21  7
 21  8                                                             
 21  9                               JOHN P. KIBBIE
 21 10                               President of the Senate
 21 11
 21 12    I hereby certify that this bill originated in the House and
 21 13 is known as House File 2651, Eighty=second General Assembly.
 21 14
 21 15
 21 16                                                             
 21 17                               MARK BRANDSGARD
 21 18                               Chief Clerk of the House
 21 19 Approved                , 2008
 21 20
 21 21
 21 22                            
 21 23 CHESTER J. CULVER
 21 24 Governor