SF 2381 (LSB 5095SV (2) 83)

SENATE FILE 2381

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 3252)

A BILL FOR

An Act relating to and making transportation and other infrastructure-related appropriations to the department of transportation, including allocation and use of moneys from the road use tax fund and the primary road fund, providing for properly related matters, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
APPROPRIATIONS
    Section 1.  ROAD USE TAX FUND.  There is appropriated from the road use tax fund created in section 312.1 to the department of transportation for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For the payment of costs associated with the production of driver’s licenses, as defined in section 321.1, subsection 20A:

.................................................. $  3,876,000

   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for subsequent fiscal years for the purposes specified in this subsection.

   2.  For salaries, support, maintenance, and miscellaneous purposes:
   a.  Operations:

.................................................. $  6,654,962

   b.  Planning:

.................................................. $    506,127

   c.  Motor vehicles:

.................................................. $ 35,604,012

   3.  For payments to the department of administrative services for utility services:

.................................................. $    225,000

   4.  Unemployment compensation:

.................................................. $      7,000

   5.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of employees of the department of transportation:

.................................................. $    137,000

   6.  For payment to the general fund of the state for indirect cost recoveries:

.................................................. $     78,000

   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:

.................................................. $     67,319

   8.  For automation, telecommunications, and related costs associated with the county issuance of driver’s licenses and vehicle registrations and titles:

.................................................. $  1,406,000

   9.  For transfer to the department of public safety for operating a system providing toll-free telephone road and weather conditions information:

.................................................. $    100,000

   10.  For costs associated with the participation in the Mississippi river parkway commission:

.................................................. $     40,000

   11.  For membership in North America’s supercorridor coalition:

.................................................. $     50,000

   12.  For motor vehicle division field facility maintenance projects at various locations:

.................................................. $    200,000

   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in this subsection that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the projects for which the appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.
    Sec. 2.  PRIMARY ROAD FUND.  There is appropriated from the primary road fund created in section 313.3 to the department of transportation for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:
   a.  Operations:

.................................................. $ 40,951,274
............................................... FTEs     312.00

   b.  Planning:

.................................................. $  9,610,960
............................................... FTEs     131.00

   c.  Highways:

.................................................. $237,565,726
............................................... FTEs   2,452.00

   d.  Motor vehicles:

.................................................. $  1,555,005
............................................... FTEs     478.00

   2.  For payments to the department of administrative services for utility services:

.................................................. $  1,382,000

   3.  Unemployment compensation:

.................................................. $    138,000

   4.  For payments to the department of administrative services for paying workers’ compensation claims under chapter 85 on behalf of the employees of the department of transportation:

.................................................. $  3,278,000

   5.  For disposal of hazardous wastes from field locations and the central complex:

.................................................. $    800,000

   6.  For payment to the general fund of the state for indirect cost recoveries:

.................................................. $    572,000

   7.  For reimbursement to the auditor of state for audit expenses as provided in section 11.5B:

.................................................. $    415,181

   8.  For costs associated with producing transportation maps:

.................................................. $    242,000

   9.  For inventory and equipment replacement:

.................................................. $  2,250,000

   10.  For utility improvements at various locations:

.................................................. $    400,000

   11.  For roofing projects at various locations:

.................................................. $    200,000

   12.  For heating, cooling, and exhaust system improvements at various locations:

.................................................. $    200,000

   13.  For deferred maintenance projects at field facilities throughout the state:

.................................................. $  1,000,000

   14.  For federal Americans With Disabilities Act improvements at various locations:

.................................................. $    120,000

   15.  For elevator upgrades at the Ames complex:

.................................................. $    100,000

   16.  For wastewater treatment improvements at various locations:

.................................................. $  1,000,000

   For purposes of section 8.33, unless specifically provided otherwise, moneys appropriated in subsections 10 through 16 that remain unencumbered or unobligated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION II
MISCELLANEOUS STATUTORY CHANGES
    Sec. 3.  Section 321.234A, subsection 1, paragraph a, Code 2009, is amended to read as follows:
   a.  The operation is between sunrise and sunset and is incidental to the vehicle’s use for agricultural purposes.  For purposes of this paragraph, “incidental to the vehicle’s use for agricultural purposes” includes stopping in the course of agricultural use to obtain fuel for the all-terrain vehicle or to obtain food or a nonalcoholic beverage for the operator.
    Sec. 4.  Section 321.445, subsection 2, Code 2009, is amended to read as follows:
   2.  a.  The driver and front seat occupants of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this state except that a child under eleven eighteen years of age shall be secured as required under section 321.446.
   b.  This subsection does not apply to:
   a.  (1)  The driver or front seat occupants of a motor vehicle which is not required to be equipped with safety belts or safety harnesses.
   b.  (2)  The driver and front seat occupants of a motor vehicle who are actively engaged in work which requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five miles per hour between stops.
   c.  (3)  The driver of a motor vehicle while performing duties as a rural letter carrier for the United States postal service. This exemption applies only between the first delivery point after leaving the post office and the last delivery point before returning to the post office.
   d.  (4)  Passengers on a bus.
   e.  (5)  A person possessing a written certification from a health care provider licensed under chapter 148 or 151 on a form provided by the department that the person is unable to wear a safety belt or safety harness due to physical or medical reasons. The certification shall specify the time period for which the exemption applies. The time period shall not exceed twelve months, at which time a new certification may be issued unless the certifying health care provider is from a United States military facility, in which case the certificate may specify a longer period of time or a permanent exemption.
   f.  (6)  Front seat occupants of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle.

   c.  The department, in cooperation with the department of public safety and the department of education, shall establish educational programs to foster compliance with the safety belt and safety harness usage requirements of this subsection.
    Sec. 5.  Section 321.446, subsections 2 and 3, Code 2009, are amended to read as follows:
   2.  A child at least six years of age but under eleven eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions or by a safety belt or safety harness of a type approved under section 321.445.
   3.  This section does not apply to peace the following:
   a.  Peace officers acting on official duty. This section also does not apply to the
   b.  The transportation of children in 1965 model year or older vehicles, authorized emergency vehicles, buses, or motor homes, except when a child is transported in a motor home’s passenger seat situated directly to the driver’s right. This section does not apply to the
   c.  The transportation of a child who has been certified by a physician licensed under chapter 148 as having a medical, physical, or mental condition that prevents or makes inadvisable securing the child in a child restraint system, safety belt, or safety harness.
   d.  A back seat occupant of a motor vehicle for whom no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided.
EXPLANATION
   This bill makes and limits appropriations for FY 2010-2011 from the road use tax fund and the primary road fund to the department of transportation and contains miscellaneous statutory changes relating to transportation matters. The bill is organized by divisions.
   DIVISION I —— APPROPRIATIONS. Appropriations from the road use tax fund include appropriations for driver’s license production costs, salaries, operations, planning, motor vehicles, utility services provided by the department of administrative services, unemployment and workers’ compensation, indirect cost recoveries, audits, county issuance of driver’s licenses and vehicle registration and titling, a system providing toll-free telephone road and weather reports, participation in the Mississippi river parkway commission, membership in North America’s supercorridor coalition, and motor vehicle division field facility maintenance projects.
   Appropriations from the primary road fund include appropriations for salaries, operations, planning, highways, motor vehicles, utility services provided by the department of administrative services, unemployment and workers’ compensation, hazardous waste disposal, indirect cost recoveries, audits, production of transportation maps, inventory and equipment replacement, utility projects, roofing projects, heating and cooling improvements, deferred maintenance at field facilities, various federal Americans With Disabilities Act improvements, elevator upgrades at the Ames complex, and wastewater treatment improvements.
   DIVISION II —— MISCELLANEOUS STATUTORY CHANGES. Current law allows a person to operate an all-terrain vehicle on a highway if the operation is incidental to the use of the vehicle for agricultural purposes. The division specifies that such incidental use includes stopping to obtain fuel for the all-terrain vehicle or food or a nonalcoholic beverage for the operator.
   The division requires that all persons under 18 years of age who are being transported in a motor vehicle, other than a school bus or motorcycle, be secured by an approved child restraint system or a seat belt regardless of seating position.
   The division provides an exemption from child restraint requirements in situations where a child occupying a back seat is not restrained because all safety belts in the vehicle are in use or cannot be used because a child restraint system is occupying the seating position for which a belt is provided.
   Pursuant to existing law, a motor vehicle operator who violates child restraint requirements commits a simple misdemeanor subject to a scheduled fine of $25. However, such offenses are not considered for purposes of determining a habitual offender of motor vehicle laws.