Senate File 2374 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON TRANSPORTATION

                                       (SUCCESSOR TO SSB 3127)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to policies for the administration of highways
  2    and the regulation of motor vehicles by the department of
  3    transportation and to deposits made by a county to the
  4    secondary road fund, including matters concerning the bid
  5    threshold for emergency highway repairs, the fee for
  6    replacement of special dealer registration plates, antique
  7    motor vehicle registration fees, used motor vehicle dealer
  8    education requirements, disqualification from operating a
  9    commercial motor vehicle, an exemption from the civil penalty
 10    imposed for certain driver's license sanctions, access to
 11    persons with disabilities parking spaces for certain disabled
 12    veterans, and permits and fees for the movement of certain
 13    oversize or overweight vehicles, drinking driver courses
 14    offered at state correctional facilities, and providing an
 15    effective date.
 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 17 TLSB 5450SV 82
 18 dea/nh/8

PAG LIN



  1  1    Section 1.  Section 313.10, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  The necessary work can be done for less than five
  1  4 hundred thousand one million dollars.
  1  5    Sec. 2.  Section 321.42, subsection 1, Code 2007, is
  1  6 amended to read as follows:
  1  7    1.  If a registration card, plate, or pair of plates is
  1  8 lost or becomes illegible, the owner shall immediately apply
  1  9 for replacement.  The fee for a replacement registration card
  1 10 shall be is three dollars.  The fee for a replacement plate or
  1 11 pair of plates shall be other than a replacement of a special
  1 12 plate issued pursuant to section 321.60 is five dollars.  The
  1 13 fee for replacement of a special plate issued pursuant to
  1 14 section 321.60 is forty dollars.  When the owner has furnished
  1 15 information required by the department and paid the proper
  1 16 fee, a duplicate, substitute, or new registration card, plate,
  1 17 or pair of plates may be issued.  The county treasurer or the
  1 18 department may waive the fee for a replacement plate if the
  1 19 plate is lost during a documented accident.
  1 20    Sec. 3.  Section 321.208, Code 2007, is amended by adding
  1 21 the following new subsection:
  1 22    NEW SUBSECTION.  2A.  A person is disqualified from
  1 23 operating a commercial motor vehicle for one year if the
  1 24 person fails a test administered to determine whether the
  1 25 person was operating while intoxicated in any state or foreign
  1 26 jurisdiction and the person was operating a commercial motor
  1 27 vehicle or a noncommercial motor vehicle and holding a
  1 28 commercial driver's license.  For purposes of this subsection,
  1 29 "fails a test" means the test result showed that the person
  1 30 had an alcohol concentration, as defined in section 321J.1, of
  1 31 .08 or more.
  1 32    Sec. 4.  Section 321.208, subsections 3 and 4, Code 2007,
  1 33 are amended to read as follows:
  1 34    3.  A person is disqualified from operating a commercial
  1 35 motor vehicle for three years if an act or offense described
  2  1 in subsection 1, 2, or 2 2A occurred while the person was
  2  2 operating a commercial motor vehicle transporting hazardous
  2  3 material of a type or quantity requiring vehicle placarding.
  2  4    4.  A person is disqualified from operating a commercial
  2  5 motor vehicle for life if convicted or found to have committed
  2  6 two or more of the acts or offenses described in subsection 1,
  2  7 2, or 2 2A arising out of two or more separate incidents.
  2  8 However, a disqualification for life is subject to a reduction
  2  9 to a ten=year disqualification as provided in 49 C.F.R. }
  2 10 383.51 as adopted by rule by the department.
  2 11    Sec. 5.  Section 321A.32A, Code Supplement 2007, is amended
  2 12 to read as follows:
  2 13    321A.32A  CIVIL PENALTY == DISPOSITION == REINSTATEMENT.
  2 14    When the department suspends, revokes, or bars a person's
  2 15 driver's license or nonresident operating privilege under this
  2 16 chapter, the department shall assess the person a civil
  2 17 penalty of two hundred dollars.  However, for persons age
  2 18 nineteen or under, the civil penalty assessed shall be fifty
  2 19 dollars.  The money collected by the department under this
  2 20 section shall be transmitted to the treasurer of state who
  2 21 shall deposit the money in the juvenile detention home fund
  2 22 created in section 232.142.  A Except as provided in section
  2 23 321.210B, a temporary restricted license shall not be issued
  2 24 or a driver's license or nonresident operating privilege
  2 25 reinstated until the civil penalty has been paid.  A person
  2 26 assessed a penalty under this section may remit the civil
  2 27 penalty along with a processing fee of five dollars to a
  2 28 county treasurer authorized to issue driver's licenses under
  2 29 chapter 321M, or the civil penalty may be paid directly to the
  2 30 department.  This section does not apply to a suspension or
  2 31 revocation imposed by the department under section 321A.17 due
  2 32 to failure to refile proof of financial responsibility as
  2 33 required under that section.
  2 34    Sec. 6.  Section 321E.1, Code 2007, is amended to read as
  2 35 follows:
  3  1    321E.1  PERMITS BY DEPARTMENT AND LOCAL AUTHORITIES.
  3  2    1.  The department and local authorities may in their
  3  3 discretion and upon application and with good cause being
  3  4 shown issue permits for the movement of construction machinery
  3  5 or asphalt repavers being temporarily moved on streets, roads
  3  6 or highways and for vehicles with indivisible loads which
  3  7 exceed the maximum dimensions and weights specified in
  3  8 sections 321.452 to through 321.466, but not to exceed the
  3  9 limitations imposed in this section and sections 321E.1 to
  3 10 321E.2 through 321E.15 except as provided in section 321E.29.
  3 11    2.  Vehicles permitted to transport indivisible loads may
  3 12 exceed do any of the following:
  3 13    a.  Exceed the width and length limitations specified in
  3 14 sections 321.454 and 321.457 for the purpose of picking up an
  3 15 indivisible load or returning from delivery of the indivisible
  3 16 load.
  3 17    b.  Move indivisible special mobile equipment which does
  3 18 not otherwise exceed the maximum dimensions and weights
  3 19 specified in sections 321.452 through 321.466 if the vehicle
  3 20 has an overall width not to exceed nine feet and all other
  3 21 conditions of the vehicle's permit are met.
  3 22    3.  Permits issued may be single=trip, multi=trip, or
  3 23 annual permits.  Permits shall be in writing and shall be
  3 24 carried in the cab of the vehicle for which the permit has
  3 25 been issued and shall be available for inspection at all
  3 26 times.  The vehicle and load for which the permit has been
  3 27 issued shall be open to inspection by a peace officer or an
  3 28 authorized agent of a permit granting authority.
  3 29    4.  When in the judgment of the issuing authority in cities
  3 30 and counties the movement of a vehicle with an indivisible
  3 31 load or construction machinery which exceeds the maximum
  3 32 dimensions and weights will be unduly hazardous to public
  3 33 safety or will cause undue damage to streets, avenues,
  3 34 boulevards, thoroughfares, highways, curbs, sidewalks, trees,
  3 35 or other public or private property, the permit shall be
  4  1 denied and the reasons for denial endorsed on the application.
  4  2 Permits shall designate the days when and routes upon which
  4  3 loads and construction machinery may be moved within a county
  4  4 on other than primary roads.
  4  5    5.  Local authorities may allow persons requesting permits
  4  6 under this chapter to do so by means of a telephone or
  4  7 facsimile machine, authorizing payment for the permits to be
  4  8 made upon receipt of an invoice sent to the persons by the
  4  9 local authorities.
  4 10    Sec. 7.  Section 321E.7, subsection 4, Code Supplement
  4 11 2007, is amended to read as follows:
  4 12    4.  Notwithstanding subsections 1 and 2, a self=propelled
  4 13 implement of husbandry traveling under a permit issued
  4 14 pursuant to section 321E.8A may exceed the maximum axle loads
  4 15 prescribed under section 321.463 only when operated on a
  4 16 noninterstate highway in a county covered under the permit,
  4 17 provided the weight on any one axle does not exceed
  4 18 twenty=five thousand pounds, and provided the current and
  4 19 valid permit is carried in the vehicle.  For purposes of this
  4 20 subsection, "noninterstate highway" does not include a bridge.
  4 21 However, a vehicle traveling under a permit issued pursuant to
  4 22 section 321E.8A is not exempt from posted weight limitations
  4 23 on bridges.
  4 24    Sec. 8.  Section 321E.8, Code 2007, is amended by adding
  4 25 the following new subsection:
  4 26    NEW SUBSECTION.  3.  Notwithstanding any other provision of
  4 27 law to the contrary, cranes exceeding the maximum gross weight
  4 28 on any axle as prescribed in section 321.463 and used in the
  4 29 construction of alternative energy facilities may be moved
  4 30 with approval from the permit issuing authority.
  4 31    Sec. 9.  Section 321E.8A, subsection 1, Code Supplement
  4 32 2007, is amended to read as follows:
  4 33    1.  A self=propelled implement of husbandry equipped with
  4 34 flotation tires that is designed to be loaded and operated in
  4 35 the field and used exclusively for the application of organic
  5  1 or inorganic plant food materials, agricultural limestone, or
  5  2 agricultural chemicals, and that, as newly manufactured,
  5  3 exceeds the axle weight limits under section 321.463 when
  5  4 unloaded, may be operated on noninterstate highways, excluding
  5  5 bridges, in a county pursuant to a permit issued by the
  5  6 department for travel within the county, provided the vehicle
  5  7 does not violate posted weight limitations on bridges.  Prior
  5  8 to issuing a permit, the department shall collect a fee of six
  5  9 hundred dollars for each county in which the vehicle will be
  5 10 operated during the period of the permit beginning July 1 and
  5 11 ending June 30, provided that a permit shall not be issued for
  5 12 a vehicle for operation in more than ten counties and the
  5 13 total amount of fees collected for a vehicle for the period of
  5 14 the permit shall not exceed three thousand five hundred
  5 15 dollars.  Moneys collected by the department on behalf of the
  5 16 counties in which the vehicle will be operated shall be
  5 17 allotted equally to those counties and deposited in the
  5 18 secondary road funds of those counties.  A vehicle for which a
  5 19 permit is issued under this section shall be assigned a permit
  5 20 number that shall be displayed on the door of the vehicle in
  5 21 numbers that contrast sharply in color with the background on
  5 22 which the number is placed, be readily legible during daylight
  5 23 hours from a distance of fifty feet when the vehicle is
  5 24 stationary, and be maintained in a manner that retains the
  5 25 legibility.  Only vehicles originally purchased or ordered
  5 26 prior to February 1, 2007, are eligible for a permit.  New
  5 27 permits shall not be issued on or after July 1, 2007; however,
  5 28 a permit issued for a vehicle under this section prior to July
  5 29 1, 2007, may be renewed for that vehicle annually upon payment
  5 30 of the appropriate county fees.
  5 31    Sec. 10.  Section 321E.9, subsection 3, Code 2007, is
  5 32 amended to read as follows:
  5 33    3.  Cranes, exceeding the maximum gross weight on any axle
  5 34 as prescribed in section 321.463, but not exceeding
  5 35 twenty=four thousand pounds, may be moved in accordance with
  6  1 rules adopted pursuant to chapter 17A.  Notwithstanding any
  6  2 other provision of law to the contrary, cranes exceeding the
  6  3 maximum gross weight on any axle as prescribed in section
  6  4 321.463 and used in the construction of alternative energy
  6  5 facilities may be moved with approval from the permit issuing
  6  6 authority.
  6  7    Sec. 11.  NEW SECTION.  321E.9B  SPECIAL ALTERNATIVE ENERGY
  6  8 MULTITRIP PERMIT.
  6  9    Subject to the discretion and judgment provided for in
  6 10 section 321E.1, a multitrip permit shall be issued for
  6 11 operation of vehicles in accordance with the following
  6 12 provisions:
  6 13    1.  Vehicles with an indivisible load having an overall
  6 14 length not to exceed two hundred twenty=five feet, an overall
  6 15 width not to exceed sixteen feet, a height not to exceed
  6 16 sixteen feet, and a total gross weight not to exceed two
  6 17 hundred fifty=six thousand pounds may be moved on highways
  6 18 specified by the permitting authority to an alternative energy
  6 19 construction site or staging area for alternative energy
  6 20 transportation, provided the gross weight on any one axle
  6 21 shall not exceed twenty thousand pounds.
  6 22    2.  The special alternative energy multitrip permit shall
  6 23 not exceed twelve months in duration.
  6 24    3.  The permitting authority shall have discretion to
  6 25 include restrictions and require special considerations, such
  6 26 as responsibility for protection or repair of the roadway and
  6 27 bridges, prior to issuance of the permit.
  6 28    Sec. 12.  Section 321E.14, unnumbered paragraph 1, Code
  6 29 2007, is amended to read as follows:
  6 30    The department or local authorities issuing permits shall
  6 31 charge a fee of twenty=five dollars for an annual permit
  6 32 issued under section 321E.8, subsection 1, a fee of three
  6 33 hundred dollars for an annual permit issued under section
  6 34 321E.8, subsection 2, a fee of two hundred dollars for a
  6 35 multi=trip multitrip permit issued under section 321E.9A, a
  7  1 fee of six hundred dollars for a special alternative energy
  7  2 multitrip permit issued under section 321E.9B, and a fee of
  7  3 ten dollars for a single=trip permit, and shall determine
  7  4 charges for special permits issued pursuant to section 321E.29
  7  5 by rules adopted pursuant to chapter 17A.  Fees for the
  7  6 movement of buildings, parts of buildings, or unusual vehicles
  7  7 or loads may be increased to cover the costs of inspections by
  7  8 the issuing authority.  A fee not to exceed two hundred fifty
  7  9 dollars per day or a prorated fraction of that fee per person
  7 10 and car for escort service may be charged when requested or
  7 11 when required under this chapter.  Proration of escort fees
  7 12 between state and local authorities when more than one
  7 13 governmental authority provides or is required to provide
  7 14 escort for a movement during the period of a day shall be
  7 15 determined by rule under section 321E.15.  The department and
  7 16 local authorities may charge a permit applicant for the cost
  7 17 of trimming trees and removal and replacement of natural
  7 18 obstructions or official signs and signals or other public or
  7 19 private property required to be removed during the movement of
  7 20 a vehicle and load.  In addition to the fees provided in this
  7 21 section, the annual fee for a permit for special mobile
  7 22 equipment, as defined in section 321.1, subsection 75,
  7 23 operated pursuant to section 321E.7, subsection 3, with a
  7 24 combined gross weight up to and including eighty thousand
  7 25 pounds shall be twenty=five dollars and for a combined gross
  7 26 weight exceeding eighty thousand pounds, fifty dollars.
  7 27    Sec. 13.  Section 321J.22, subsections 2, 4, and 5, Code
  7 28 2007, are amended to read as follows:
  7 29    2.  a.  The course provided according to this section shall
  7 30 be offered on a regular basis at each community college as
  7 31 defined in section 260C.2, or by substance abuse treatment
  7 32 programs licensed under chapter 125, or may be offered at a
  7 33 state correctional facility.  However, a community college
  7 34 shall not be required to offer the course if a substance abuse
  7 35 treatment program licensed under chapter 125 offers the course
  8  1 within the merged area served by the community college.
  8  2    b.  Enrollment in the courses is not limited to persons
  8  3 ordered to enroll, attend, and successfully complete the
  8  4 course required under sections 321J.2 and 321J.17, subsection
  8  5 2.  However, any person under age eighteen who is required to
  8  6 attend the courses for violation of section 321J.2 or 321J.17
  8  7 must attend a course offered by a substance abuse treatment
  8  8 program licensed under chapter 125.
  8  9    c.  The course required by this section shall be:
  8 10    (1)  Taught by a community college under the supervision of
  8 11 the department of education or by a substance abuse treatment
  8 12 program licensed under chapter 125, and may be offered at a
  8 13 state correctional facility.
  8 14    (2)  Approved by the department of education, in
  8 15 consultation with the community colleges and substance abuse
  8 16 treatment programs licensed under chapter 125.
  8 17    d.  The department of education shall establish reasonable
  8 18 fees to defray the expense of obtaining classroom space,
  8 19 instructor salaries, and class materials for courses offered
  8 20 both by community colleges and by substance abuse treatment
  8 21 programs licensed under chapter 125, or for classes offered at
  8 22 a state correctional facility, and for administrative expenses
  8 23 incurred by the department of education in implementing
  8 24 subsection 5 on behalf of in=state and out=of=state offenders.
  8 25    e.  A person shall not be denied enrollment in a course by
  8 26 reason of the person's indigency.
  8 27    4.  The department of education, and substance abuse
  8 28 treatment programs licensed under chapter 125, and state
  8 29 correctional facilities shall prepare for their respective
  8 30 courses a list of the locations of the courses taught under
  8 31 this section, the dates and times taught, the procedure for
  8 32 enrollment, and the schedule of course fees.  The list shall
  8 33 be kept current and a copy of the list shall be sent to each
  8 34 court having jurisdiction over offenses provided in this
  8 35 chapter.
  9  1    5.  The department of education, and substance abuse
  9  2 treatment programs licensed under chapter 125, and state
  9  3 correctional facilities shall maintain enrollment, attendance,
  9  4 successful and nonsuccessful completion data for their
  9  5 respective courses on the persons ordered to enroll, attend,
  9  6 and successfully complete a course for drinking drivers.  This
  9  7 data shall be forwarded to the court by both the department of
  9  8 education, and substance abuse treatment programs licensed
  9  9 under chapter 125, and the department of corrections.
  9 10    Sec. 14.  Section 321L.2, Code 2007, is amended by adding
  9 11 the following new subsection:
  9 12    NEW SUBSECTION.  5.  A seriously disabled veteran who has
  9 13 been provided with an automobile or other vehicle by the
  9 14 United States government under the provisions of 38 U.S.C. }
  9 15 1901 et seq. (1970) is not required to apply for a
  9 16 disabilities parking permit under this section unless the
  9 17 veteran has been issued special registration plates or
  9 18 personalized plates for the vehicle.  The regular registration
  9 19 plates issued for the disabled veteran's vehicle without fee
  9 20 pursuant to section 321.105 entitle the disabled veteran to
  9 21 all of the rights and privileges associated with persons with
  9 22 disabilities parking permits under this chapter.
  9 23    Sec. 15.  Section 322.7A, subsection 2, Code Supplement
  9 24 2007, is amended to read as follows:
  9 25    2.  A person seeking renewal of a used motor vehicle dealer
  9 26 license shall complete a minimum of five hours of continuing
  9 27 education program courses over a two=year period pursuant to
  9 28 this section prior to submitting an application for license
  9 29 renewal.  However, an applicant for renewal of a used motor
  9 30 vehicle dealer license who has met the prelicensing education
  9 31 requirement under subsection 1 within the preceding twelve
  9 32 twenty=four months is exempt from the continuing education
  9 33 requirement for license renewal.
  9 34    Sec. 16.  Section 331.429, subsection 1, paragraphs a and
  9 35 b, Code 2007, are amended to read as follows:
 10  1    a.  Transfers from the general fund not to exceed in any
 10  2 year the dollar equivalent of a tax of sixteen and
 10  3 seven=eighths cents per thousand dollars of assessed value on
 10  4 all taxable property in the county multiplied by the ratio of
 10  5 current taxes actually collected and apportioned for the
 10  6 general basic levy to the total general basic levy for the
 10  7 current year, and an amount equivalent to the moneys derived
 10  8 by the general fund from military service tax credits under
 10  9 chapter 426A, manufactured or mobile home taxes under section
 10 10 435.22, and delinquent taxes for prior years collected and
 10 11 apportioned to the general basic fund in the current year,
 10 12 multiplied by the ratio of sixteen and seven=eighths cents to
 10 13 three dollars and fifty cents.  The limit on transfers in this
 10 14 paragraph applies only to property tax revenue and is not a
 10 15 limit on transfers of revenue generated from sources other
 10 16 than property taxes.
 10 17    b.  Transfers from the rural services fund not to exceed in
 10 18 any year the dollar equivalent of a tax of three dollars and
 10 19 three=eighths cents per thousand dollars of assessed value on
 10 20 all taxable property not located within the corporate limits
 10 21 of a city in the county multiplied by the ratio of current
 10 22 taxes actually collected and apportioned for the rural
 10 23 services basic levy to the total rural services basic levy for
 10 24 the current year and an amount equivalent to the moneys
 10 25 derived by the rural services fund from military service tax
 10 26 credits under chapter 426A, manufactured or mobile home taxes
 10 27 under section 435.22, and delinquent taxes for prior years
 10 28 collected and apportioned to the rural services basic fund in
 10 29 the current year, multiplied by the ratio of three dollars and
 10 30 three=eighths cents to three dollars and ninety=five cents.
 10 31 The limit on transfers in this paragraph applies only to
 10 32 property tax revenue and is not a limit on transfers of
 10 33 revenue generated from sources other than property taxes.
 10 34    Sec. 17.  Section 321.115, subsection 1, as enacted in 2007
 10 35 Iowa Acts, chapter 143, section 12, is amended to read as
 11  1 follows:
 11  2    1.  a.  A motor vehicle twenty=five years old or older may
 11  3 be registered as an antique vehicle upon payment of the fee
 11  4 provided for in section 321.113, 321.122, or 321.124.
 11  5    b.  The owner of a motor truck, truck tractor, road
 11  6 tractor, or motor home that is twenty=five years old or older
 11  7 who desires to use the vehicle exclusively for exhibition or
 11  8 educational purposes at state or county fairs, or at other
 11  9 places where the vehicle may be exhibited for entertainment or
 11 10 educational purposes, may register the vehicle as a "limited
 11 11 use" vehicle in accordance with rules adopted by the
 11 12 department.  An owner registering a vehicle under this
 11 13 paragraph shall pay seventy dollars for a certificate valid
 11 14 for two years and forty dollars for a set of registration
 11 15 plates valid for two years.  The "limited use" registration
 11 16 under this paragraph permits driving of the vehicle upon the
 11 17 public roads to and from state and county fairs or other
 11 18 places of entertainment or education for exhibition or
 11 19 educational purposes and to and from service stations for the
 11 20 purpose of receiving necessary maintenance, or for the
 11 21 purposes of transporting, testing, demonstrating, or selling
 11 22 the vehicle.
 11 23    c.  The owner of a motor vehicle registered under this
 11 24 subsection may display authentic Iowa registration plates from
 11 25 the model year of the motor vehicle, furnished by the person
 11 26 and approved by the department, in lieu of the current and
 11 27 valid Iowa registration plates issued for the vehicle,
 11 28 provided that the current and valid Iowa registration plates
 11 29 and the registration card issued for the vehicle are
 11 30 simultaneously carried within the vehicle and are available
 11 31 for inspection to any peace officer upon the officer's
 11 32 request.
 11 33    Sec. 18.  2007 Iowa Acts, chapter 143, section 35,
 11 34 subsection 4, is amended to read as follows:
 11 35    4.  The sections of this Act amending sections 321.112 and
 12  1 321.115 take effect July 1, 2008 January 1, 2009.
 12  2    Sec. 19.  EFFECTIVE DATE.  The sections of this Act
 12  3 amending sections 321A.32A, 321E.8, 321E.9, 321E.14, and
 12  4 322.7A, and the section enacting section 321E.9B, being deemed
 12  5 of immediate importance, take effect upon enactment.
 12  6                           EXPLANATION
 12  7    This bill contains provisions relating to the
 12  8 administration of highways and regulation of motor vehicles by
 12  9 the department of transportation, drinking driver courses
 12 10 offered at state correctional facilities, and administration
 12 11 of county secondary road funds.
 12 12    The bill increases the threshold amount for emergency
 12 13 construction projects on highways and bridges in the primary
 12 14 road system without advertising for bids from $500,000 to $1
 12 15 million.
 12 16    The bill increases the fee for replacement of special motor
 12 17 vehicle registration plates issued to motor vehicle dealers
 12 18 from $5 to $40.
 12 19    The bill provides that when a person who holds a commercial
 12 20 driver's license fails a test administered for operating while
 12 21 intoxicated in any state or foreign jurisdiction and the
 12 22 person was operating either a commercial or noncommercial
 12 23 vehicle, if the test demonstrates an alcohol concentration of
 12 24 .08 or more, the period of disqualification from operating a
 12 25 commercial vehicle begins with the failure of the test.
 12 26 Pursuant to current law, disqualification for operating while
 12 27 intoxicated is triggered by a conviction or final
 12 28 administrative decision that the person was operating a
 12 29 commercial motor vehicle and demonstrated an alcohol
 12 30 concentration of .04 or more.  Disqualification is also
 12 31 triggered by a conviction or final administrative decision
 12 32 that the person was operating a commercial or noncommercial
 12 33 vehicle while under the influence of an alcoholic beverage.
 12 34 Disqualification applies for a period of one year for an
 12 35 offense of operating while intoxicated, or for a period of
 13  1 three years if the offense occurred while the person was
 13  2 operating a commercial motor vehicle transporting certain
 13  3 hazardous materials.  Multiple occurrences of such offenses
 13  4 may lead to disqualification for life.
 13  5    The bill creates an exception to the civil penalty that is
 13  6 assessed for reinstatement of a person's driving privileges
 13  7 following a period of suspension or revocation.  The exception
 13  8 applies to a person who is required to maintain proof of
 13  9 financial responsibility as a condition for licensure and
 13 10 whose license is suspended or revoked for failure to refile
 13 11 proof of financial responsibility.  This provision takes
 13 12 effect upon enactment of the bill.
 13 13    The bill amends a provision in current law that allows the
 13 14 use of a permit for an oversize vehicle only for the purpose
 13 15 of transporting an indivisible oversize load.  Under the bill,
 13 16 a vehicle not more than nine feet wide for which a permit has
 13 17 been issued for oversize loads may be used to transport
 13 18 special mobile equipment which does not exceed maximum width
 13 19 and length limits.  Other conditions of the permit are
 13 20 applicable, regardless of the size of the load.
 13 21    The bill authorizes the department and local authorities to
 13 22 issue annual and single=trip highway permits for the movement
 13 23 of cranes exceeding the maximum gross weight limit on any axle
 13 24 and used in the construction of alternative energy facilities,
 13 25 regardless of the weight of the crane.  Under current law, a
 13 26 24,000 pound per axle weight limit applies for any crane moved
 13 27 under a permit.  In addition, the bill authorizes the issuance
 13 28 of special multitrip permits, valid for 12 months or less and
 13 29 subject to a fee of $600, for the movement of certain oversize
 13 30 and overweight vehicles to an alternative energy construction
 13 31 site or staging area.  The permitting authority may impose
 13 32 restrictions and special considerations when issuing a special
 13 33 alternative energy multitrip permit.  These provisions
 13 34 relating to permits for the movement of vehicles take effect
 13 35 upon enactment of the bill.
 14  1    The bill provides that self=propelled implements of
 14  2 husbandry traveling under a permit for excessive weight may
 14  3 not violate posted weight limitations on bridges, but are
 14  4 otherwise allowed to operate on bridges that are not
 14  5 embargoed.
 14  6    The bill addresses current law that relates to drinking
 14  7 driver courses required for certain offenders under operating
 14  8 while intoxicated provisions.  Currently, such courses are
 14  9 approved by the department of education in consultation with
 14 10 community colleges and substance abuse treatment facilities
 14 11 and are taught at community colleges on a regular basis and at
 14 12 substance abuse treatment centers.  State correctional
 14 13 facilities also offer substance abuse treatment courses, but
 14 14 the courses are not recognized as equivalent to courses taught
 14 15 at community colleges and substance abuse treatment centers.
 14 16 The bill allows the department of education to approve and
 14 17 administer drinking driver courses taught at state
 14 18 correctional facilities.
 14 19    The bill exempts certain seriously disabled veterans from
 14 20 the permit requirements for use of a persons with disabilities
 14 21 parking space.  Seriously disabled veterans who are issued an
 14 22 automobile or other vehicle by the United States government
 14 23 are entitled to free registration plates for the vehicle.  In
 14 24 Iowa, such plates are designated by the letters "DV".  The
 14 25 bill allows the disabled veteran's plate to substitute for a
 14 26 persons with disabilities parking permit.
 14 27    The bill revises a continuing education requirement for
 14 28 used motor vehicle dealers to exempt a dealer from continuing
 14 29 education required for license renewal for 24 months following
 14 30 the completion of prelicensing education.  Under current law,
 14 31 the exemption is for 12 months.  This provision of the bill is
 14 32 effective upon enactment.
 14 33    The bill addresses a provision in current law that
 14 34 restricts the transfer of county general fund moneys to the
 14 35 secondary road fund of the county.  The bill specifies that
 15  1 the limit on such transfers applies only to transfers of
 15  2 property tax revenue.
 15  3    The bill amends a provision enacted in 2007 and scheduled
 15  4 to take effect July 1, 2008, which establishes annual
 15  5 registration fees for motor vehicles 25 years old or older
 15  6 registered as antique vehicles.  Under that provision, the
 15  7 annual registration fee for such a vehicle is increased from
 15  8 $5 to the fee applicable to a vehicle of the same age
 15  9 registered for regular use.  The regular annual registration
 15 10 fee would entitle the owner of an antique vehicle to unlimited
 15 11 use of public highways and would permit the display of
 15 12 registration plates from the model year of the vehicle.  The
 15 13 bill provides an optional "limited use" registration for
 15 14 owners of antique motor trucks, truck tractors, road tractors,
 15 15 and motor homes who desire to use the vehicle exclusively for
 15 16 exhibition or educational purposes.  The "limited use"
 15 17 registration requires payment of a fee of $70 for a two=year
 15 18 certificate and $40 for a set of registrations plates valid
 15 19 for two years.  The "limited use" registration permits driving
 15 20 to and from state and county fairs and other places for
 15 21 exhibition and educational purposes and to and from service
 15 22 stations, or for purposes of transporting, testing,
 15 23 demonstration, or selling the vehicle.  The bill provides a
 15 24 delayed effective date of January 1, 2009, for all of the
 15 25 changes enacted in 2007 and in the bill relating to antique
 15 26 motor vehicles.
 15 27 LSB 5450SV 82
 15 28 dea/nh/8