Senate Study Bill 3127 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            TRANSPORTATION BILL)


    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, including matters concerning the bid threshold
  4    for emergency highway repairs, the fee for replacement of
  5    special dealer registration plates, disqualification from
  6    operating a commercial motor vehicle, an exemption from the
  7    civil penalty imposed for certain driver's license sanctions,
  8    and permits and fees for the movement of certain overweight
  9    vehicles used for alternative energy purposes, and providing
 10    an effective date.
 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 12 TLSB 5450DP 82
 13 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.8, Code 2007, is amended by adding
  2 35 the following new subsection:
  3  1    NEW SUBSECTION.  3.  Notwithstanding any other provision of
  3  2 law to the contrary, cranes exceeding the maximum gross weight
  3  3 on any axle as prescribed in section 321.463 and used in the
  3  4 construction of alternative energy facilities may be moved
  3  5 with approval from the permit issuing authority.
  3  6    Sec. 7.  Section 321E.9, subsection 3, Code 2007, is
  3  7 amended to read as follows:
  3  8    3.  Cranes, exceeding the maximum gross weight on any axle
  3  9 as prescribed in section 321.463, but not exceeding
  3 10 twenty=four thousand pounds, may be moved in accordance with
  3 11 rules adopted pursuant to chapter 17A.  Notwithstanding any
  3 12 other provision of law to the contrary, cranes exceeding the
  3 13 maximum gross weight on any axle as prescribed in section
  3 14 321.463 and used in the construction of alternative energy
  3 15 facilities may be moved with approval from the permit issuing
  3 16 authority.
  3 17    Sec. 8.  NEW SECTION.  321E.9B  SPECIAL ALTERNATIVE ENERGY
  3 18 MULTITRIP PERMIT.
  3 19    Subject to the discretion and judgment provided for in
  3 20 section 321E.1, a multitrip permit shall be issued for
  3 21 operation of vehicles in accordance with the following
  3 22 provisions:
  3 23    1.  Vehicles with an indivisible load having an overall
  3 24 length not to exceed two hundred twenty=five feet, an overall
  3 25 width not to exceed sixteen feet, a height not to exceed
  3 26 sixteen feet, and a total gross weight not to exceed two
  3 27 hundred fifty=six thousand pounds may be moved on highways
  3 28 specified by the permitting authority to an alternative energy
  3 29 construction site or staging area for alternative energy
  3 30 transportation, provided the gross weight on any one axle
  3 31 shall not exceed twenty thousand pounds.
  3 32    2.  The special alternative energy multitrip permit shall
  3 33 not exceed twelve months in duration.
  3 34    3.  The permitting authority shall have discretion to
  3 35 include restrictions and require special considerations, such
  4  1 as responsibility for protection or repair of the roadway and
  4  2 bridges, prior to issuance of the permit.
  4  3    Sec. 9.  Section 321E.14, unnumbered paragraph 1, Code
  4  4 2007, is amended to read as follows:
  4  5    The department or local authorities issuing permits shall
  4  6 charge a fee of twenty=five dollars for an annual permit
  4  7 issued under section 321E.8, subsection 1, a fee of three
  4  8 hundred dollars for an annual permit issued under section
  4  9 321E.8, subsection 2, a fee of two hundred dollars for a
  4 10 multi=trip multitrip permit issued under section 321E.9A, a
  4 11 fee of six hundred dollars for a special alternative energy
  4 12 multitrip permit issued under section 321E.9B, and a fee of
  4 13 ten dollars for a single=trip permit, and shall determine
  4 14 charges for special permits issued pursuant to section 321E.29
  4 15 by rules adopted pursuant to chapter 17A.  Fees for the
  4 16 movement of buildings, parts of buildings, or unusual vehicles
  4 17 or loads may be increased to cover the costs of inspections by
  4 18 the issuing authority.  A fee not to exceed two hundred fifty
  4 19 dollars per day or a prorated fraction of that fee per person
  4 20 and car for escort service may be charged when requested or
  4 21 when required under this chapter.  Proration of escort fees
  4 22 between state and local authorities when more than one
  4 23 governmental authority provides or is required to provide
  4 24 escort for a movement during the period of a day shall be
  4 25 determined by rule under section 321E.15.  The department and
  4 26 local authorities may charge a permit applicant for the cost
  4 27 of trimming trees and removal and replacement of natural
  4 28 obstructions or official signs and signals or other public or
  4 29 private property required to be removed during the movement of
  4 30 a vehicle and load.  In addition to the fees provided in this
  4 31 section, the annual fee for a permit for special mobile
  4 32 equipment, as defined in section 321.1, subsection 75,
  4 33 operated pursuant to section 321E.7, subsection 3, with a
  4 34 combined gross weight up to and including eighty thousand
  4 35 pounds shall be twenty=five dollars and for a combined gross
  5  1 weight exceeding eighty thousand pounds, fifty dollars.
  5  2    Sec. 10.  EFFECTIVE DATE.  The sections of this Act
  5  3 amending sections 321A.32A, 321E.8, 321E.9, and 321E.14, and
  5  4 the section enacting section 321E.9B, being deemed of
  5  5 immediate importance, take effect upon enactment.
  5  6                           EXPLANATION
  5  7    This bill contains provisions relating to the
  5  8 administration of highways and regulation of motor vehicles by
  5  9 the department of transportation.
  5 10    HIGHWAYS.  The bill increases the threshold amount for
  5 11 emergency construction projects on highways and bridges in the
  5 12 primary road system without advertising for bids from $500,000
  5 13 to $1 million.
  5 14    MOTOR VEHICLES.  The bill increases the fee for replacement
  5 15 of special motor vehicle registration plates issued to motor
  5 16 vehicle dealers from $5 to $40.
  5 17    The bill provides that when a person who holds a commercial
  5 18 driver's license fails a test administered for operating while
  5 19 intoxicated in any state or foreign jurisdiction and the
  5 20 person was operating either a commercial or noncommercial
  5 21 vehicle, if the test demonstrates an alcohol concentration of
  5 22 .08 or more, the period of disqualification from operating a
  5 23 commercial vehicle begins with the failure of the test.
  5 24 Pursuant to current law, disqualification for operating while
  5 25 intoxicated is triggered by a conviction or final
  5 26 administrative decision that the person was operating a
  5 27 commercial motor vehicle and demonstrated an alcohol
  5 28 concentration of .04 or more.  Disqualification is also
  5 29 triggered by a conviction or final administrative decision
  5 30 that the person was operating a commercial or noncommercial
  5 31 vehicle while under the influence of an alcoholic beverage.
  5 32 Disqualification applies for a period of one year for an
  5 33 offense of operating while intoxicated, or for a period of
  5 34 three years if the offense occurred while the person was
  5 35 operating a commercial motor vehicle transporting certain
  6  1 hazardous materials.  Multiple occurrences of such offenses
  6  2 may lead to disqualification for life.
  6  3    The bill creates an exception to the civil penalty that is
  6  4 assessed for reinstatement of a person's driving privileges
  6  5 following a period of suspension or revocation.  The exception
  6  6 applies to a person who is required to maintain proof of
  6  7 financial responsibility as a condition for licensure and
  6  8 whose license is suspended or revoked for failure to refile
  6  9 proof of financial responsibility.  This provision takes
  6 10 effect upon enactment of the bill.
  6 11    The bill authorizes the department and local authorities to
  6 12 issue annual and single=trip highway permits for the movement
  6 13 of cranes exceeding the maximum gross weight limit on any axle
  6 14 and used in the construction of alternative energy facilities,
  6 15 regardless of the weight of the crane.  Under current law, a
  6 16 24,000 pound per axle weight limit applies for any crane moved
  6 17 under a permit.  In addition, the bill authorizes the issuance
  6 18 of special multitrip permits, valid for 12 months or less and
  6 19 subject to a fee of $600, for the movement of certain oversize
  6 20 and overweight vehicles to an alternative energy construction
  6 21 site or staging area.  The permitting authority may impose
  6 22 restrictions and special considerations when issuing a special
  6 23 alternative energy multitrip permit.  These provisions
  6 24 relating to permits for the movement of vehicles take effect
  6 25 upon enactment of the bill.
  6 26 LSB 5450DP 82
  6 27 dea/nh/8.1