House
File
828
-
Enrolled
House
File
828
AN
ACT
RELATING
TO
COMMERCIAL
DRIVER’S
LICENSE
DRIVING
SKILLS
TESTS,
PROVIDING
FEES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.145,
subsection
2,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
Revenues
derived
from
trailer
registration
fees
collected
pursuant
to
sections
321.105
and
321.105A
,
fees
charged
for
driver’s
licenses
and
nonoperator’s
identification
cards,
fees
charged
for
commercial
driver’s
license
driving
skills
tests
pursuant
to
section
321.187A,
fees
charged
for
the
issuance
of
a
certificate
of
title,
the
certificate
of
title
surcharge
collected
pursuant
to
section
321.52A
,
and
revenues
credited
pursuant
to
section
423.43,
subsection
2
,
and
section
423C.5
shall
be
deposited
in
a
fund
to
be
known
as
the
statutory
allocations
fund
under
the
control
of
the
department
and
credited
as
follows:
Sec.
2.
Section
321.186,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
The
department
may
examine
every
new
applicant
for
a
driver’s
license
or
any
person
holding
a
valid
driver’s
license
when
the
department
has
reason
to
believe
that
the
person
may
be
physically
or
mentally
incompetent
to
operate
a
motor
vehicle,
or
whose
driving
record
appears
to
the
department
to
justify
the
examination.
The
department
shall
make
every
House
File
828,
p.
2
effort
to
accommodate
a
functionally
illiterate
applicant
when
the
applicant
is
taking
a
knowledge
test.
The
department
shall
make
every
effort
to
have
an
examiner
conduct
the
commercial
driver’s
license
driving
skills
tests
at
other
locations
in
this
state
where
skills
may
be
adequately
tested
when
requested
by
a
person
representing
ten
or
more
drivers
requiring
driving
skills
testing.
Sec.
3.
Section
321.186,
subsection
2,
Code
2021,
is
amended
by
striking
the
subsection.
Sec.
4.
Section
321.187,
subsection
2,
paragraph
a,
Code
2021,
is
amended
to
read
as
follows:
a.
The
driving
skills
test
is
the
same
as
that
which
would
otherwise
be
administered
by
the
state.
The
fees
for
administering
a
commercial
driver’s
license
driving
skills
test
as
provided
in
sections
321.187A
and
321M.6A
shall
not
apply
to
a
driving
skills
test
administered
by
a
third-party
tester
under
this
section.
Sec.
5.
NEW
SECTION
.
321.187A
Commercial
driver’s
license
driving
skills
tests
——
fees.
1.
The
department
shall
make
every
effort
to
accommodate
a
commercial
driver’s
license
applicant’s
need
to
arrange
an
appointment
for
a
driving
skills
test
at
an
established
test
site
other
than
where
the
applicant
passed
the
required
knowledge
test.
The
department
shall
report
to
the
governor
and
the
general
assembly
on
any
problems,
extraordinary
costs,
and
recommendations
regarding
the
appointment
scheduling
process.
2.
The
department
shall
make
every
effort
to
have
an
examiner
conduct
the
commercial
driver’s
license
driving
skills
tests
at
other
locations
in
this
state
where
skills
may
be
adequately
tested
when
requested
by
a
person
representing
ten
or
more
drivers
requiring
driving
skills
testing.
3.
a.
The
driving
skills
test
for
a
commercial
driver’s
license
shall
consist
of
three
parts
that
must
be
completed
in
the
following
order:
(1)
The
pre-trip
vehicle
inspection
test.
(2)
The
basic
vehicle
control
skills
test.
(3)
The
on-road
driving
skills
test.
House
File
828,
p.
3
b.
If
the
applicant
fails
one
part
of
the
test,
the
applicant
shall
not
continue
to
the
next
part
of
the
test,
in
accordance
with
49
C.F.R.
pt.
383,
subpts.
E,
G,
and
H.
4.
The
department
may
charge
a
scheduling
fee
not
to
exceed
twenty-five
dollars
to
a
commercial
driver’s
license
applicant
for
the
pre-trip
vehicle
inspection
test.
The
department
shall
not
charge
a
fee
to
schedule
or
administer
the
basic
vehicle
control
or
on-road
driving
skills
tests.
The
department
shall
not
charge
a
fee
under
this
section
to
an
applicant
who
is
an
employee
or
volunteer
of
a
government
agency,
as
defined
in
section
553.3,
and
who
provides
reasonable
proof
that
a
commercial
driver’s
license
is
necessary
for
the
applicant’s
employment
or
volunteer
duties
for
the
government
agency.
5.
Fees
authorized
under
this
section
are
nonrefundable.
If
the
applicant
fails
to
appear
for
the
pre-trip
vehicle
inspection
test,
the
appointment
shall
be
canceled.
This
section
shall
not
be
construed
to
prohibit
an
applicant
from
scheduling
a
new
test
appointment
upon
payment
of
a
new
fee.
6.
All
fees
authorized
in
this
section
are
in
addition
to
any
other
fees
imposed
by
law.
7.
The
department
shall
remit
all
fees
collected
pursuant
to
this
section
monthly
to
the
treasurer
of
state
for
deposit
in
the
statutory
allocations
fund.
8.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
6.
NEW
SECTION
.
321M.6A
Commercial
driver’s
license
driving
skills
tests
——
fees.
1.
A
county
certified
to
issue
commercial
driver’s
licenses
under
section
321M.6
may
charge
any
of
the
following
fees
to
a
commercial
driver’s
license
applicant
related
to
the
administration
of
a
driving
skills
test:
a.
A
fee
not
to
exceed
twenty-five
dollars
to
administer
the
pre-trip
vehicle
inspection
test.
b.
A
fee
not
to
exceed
twenty-five
dollars
to
administer
the
basic
vehicle
control
skills
test.
c.
A
fee
not
to
exceed
twenty-five
dollars
to
administer
the
on-road
driving
skills
test.
2.
Fees
authorized
under
this
section
may
be
assessed
for
each
test
and
any
fees
collected
are
nonrefundable.
The
fee
House
File
828,
p.
4
to
administer
the
pre-trip
vehicle
inspection
test
is
due
at
the
time
the
appointment
is
scheduled.
All
other
fees
are
due
upon
the
completion
of
the
test
for
which
the
fee
was
assessed.
If
the
applicant
fails
to
appear
for
the
pre-trip
vehicle
inspection
test,
the
appointment
shall
be
canceled
and
no
other
fees
shall
be
due.
If
the
applicant
fails
one
part
of
the
driving
skills
test,
no
fees
shall
be
due
for
subsequent
parts
of
the
test.
A
county
shall
not
charge
a
fee
under
this
section,
other
than
the
fee
to
administer
the
pre-trip
vehicle
inspection
test,
to
an
applicant
who
is
an
employee
or
volunteer
of
a
government
agency,
as
defined
in
section
553.3,
and
who
provides
reasonable
proof
that
a
commercial
driver’s
license
is
necessary
for
the
applicant’s
employment
or
volunteer
duties
for
the
government
agency,
or
that
the
fee
is
paid
by
the
government
agency.
This
section
shall
not
be
construed
to
prohibit
an
applicant
from
scheduling
a
new
test
appointment
upon
payment
of
a
new
fee.
3.
All
fees
authorized
in
this
section
are
in
addition
to
any
other
fees
imposed
by
law.
Sec.
7.
Section
321M.9,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
Fees
to
counties.
a.
Notwithstanding
any
other
provision
in
the
Code
to
the
contrary,
the
county
treasurer
of
a
county
authorized
to
issue
driver’s
licenses
under
this
chapter
shall
retain
for
deposit
in
the
county
general
fund
seven
all
of
the
following:
(1)
Seven
dollars
of
fees
received
for
each
issuance
or
renewal
of
driver’s
licenses
and
nonoperator’s
identification
cards,
but
shall
not
retain
any
moneys
for
the
issuance
of
any
persons
with
disabilities
identification
devices.
(2)
Twenty-five
dollars
of
fees
collected
for
each
part
of
a
commercial
driver’s
license
driving
skills
test
pursuant
to
section
321M.6A.
(3)
The
five
dollar
processing
fee
charged
by
a
county
treasurer
for
collection
of
a
civil
penalty
under
section
321J.17
shall
be
retained
for
deposit
in
the
county
general
fund
.
b.
The
county
treasurer
shall
remit
the
balance
of
fees
and
all
civil
penalties
to
the
department.
House
File
828,
p.
5
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2022.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
828,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor