HF 2361 (LSB 5308HV (3) 85)

HOUSE FILE 2361

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 597)

A BILL FOR

An Act relating to matters under the purview of the department of transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

HIGHWAYS
    Section 1.  Section 306.3, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   As used in this chapter or in any chapter of the Code relating to highways, except as otherwise specified:
    Sec. 2.  Section 306C.1, subsection 2, Code 2014, is amended to read as follows:
   2.  “Interstate highway” includes “interstate road” and “interstate system” and means any highway of the primary national highway system at any time officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government.
    Sec. 3.  Section 306C.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  “National highway system” means the network designated by the federal highway administration in consultation with the state department of transportation, which consists of interconnected urban and rural principal arterials and highways that serve major population centers, ports, airports, public transportation facilities, other intermodal transportation facilities, and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel.
    Sec. 4.  Section 306C.2, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   A person shall not establish, operate, or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate highway on the national highway system, except:
    Sec. 5.  Section 306C.3, Code 2014, is amended to read as follows:
   306C.3  Junkyards lawfully in existence.
   1.  Any junkyard located outside a zoned or unzoned industrial area lawfully in existence on July 1, 1972, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled portion of any highway on the interstate system shall be screened, if feasible, by the department, or by the owner under rules and direction of the department, at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way in order to obscure the junkyard from the main-traveled way of such highways.
   2.  Any junkyard located outside a zoned or unzoned industrial area lawfully in existence on July 1, 2014, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled portion of any noninterstate highway which is on the national highway system shall be screened, if feasible, by the department, or by the owner under rules and direction of the department, at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way in order to obscure the junkyard from the main-traveled way of such highways.
    Sec. 6.  Section 306C.10, subsections 1, 2, 10, 13, and 20, Code 2014, are amended to read as follows:
   1.  “Adjacent area” means an area which is contiguous to and within six hundred sixty feet of the nearest edge of the right-of-way of any interstate, freeway primary, or primary highway.
   2.  “Advertising device” includes any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or give information in the nature of advertising, and having the capacity of being visible from the traveled portion of any interstate or primary highway.
   10.  “Interstate highway” includes “interstate road” and “interstate system” and means any highway of the primary national highway system at any time officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government.
   13.  “Primary highways” includes the entire primary system as officially designated, or as may hereafter be so designated, by the department means all highways on the national highway system and all highways on the federal-aid primary system as it existed on June 1, 1991.
   20.  “Unzoned commercial or industrial area” means those areas not zoned by state or local law, regulation, or ordinance, which are occupied by one or more commercial or industrial activities, and the land along the interstate highways and primary highways for a distance of seven hundred fifty feet immediately adjacent to the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage, or processing areas of the activities and shall be parallel to the edge of pavement of the highway. Measurements shall not be from the property line of the activities unless that property line coincides with the limits of the activities. Unzoned commercial or industrial areas shall not include land on the opposite side of the highway from the commercial or industrial activities.
    Sec. 7.  Section 306C.10, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  12A.  “National highway system” means the network designated by the federal highway administration in consultation with the state department of transportation, which consists of interconnected urban and rural principal arterials and highways that serve major population centers, ports, airports, public transportation facilities, other intermodal transportation facilities, and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel.
    Sec. 8.  Section 306C.12, Code 2014, is amended to read as follows:
   306C.12  None visible from highway.

   An advertising device shall not be constructed or reconstructed beyond the adjacent area in unincorporated areas of the state if it is visible from the main-traveled way of any interstate or primary highway except for advertising devices permitted in section 306C.11, subsections 1 and 2. Any advertising device permitted beyond an adjacent area in unincorporated areas of the state shall be subject to the applicable permit provisions of section 306C.18.
    Sec. 9.  Section 306C.13, subsections 2, 3, 4, and 5, Code 2014, are amended to read as follows:
   2.  Advertising devices located within the adjacent area of nonfreeway primary highways shall not be erected or maintained closer to another advertising device facing in the same direction than one hundred feet if inside the corporate limits of a municipality. No advertising device, other than as excepted or permitted by subsections subsection 4, 5, or 6 of this section, shall be located within the triangular area formed by the line connecting two points each fifty feet back from the point where the street right-of-way lines of the main-traveled way and the intersecting street meet, or would meet, if extended.
   3.  Advertising devices located within the adjacent area of nonfreeway primary highways shall not be erected or maintained closer to another advertising device facing in the same direction than three hundred feet if outside the corporate limits of a municipality. No advertising device, other than those excepted or permitted by subsections subsection 4, 5, or 6 of this section, shall be located within the triangular area formed by a line connecting two points each one hundred feet back from the point where the street right-of-way lines of the main-traveled way and the intersecting street meet, or would meet, if extended.
   4.  The distance spacing measurements fixed by subsections 2 and 3 of this section shall not apply to advertising devices which are separated by a building in such a manner that only one advertising device located within the minimum spacing distance is visible from a highway at any one time.
   5.  Within a triangular area, as defined by subsections 2 and 3 of this section, occupied by a building or structure, no advertising device shall be erected or maintained closer to the intersection than the building or structure itself, except that a wall advertising device may be attached to said building or structure not to protrude more than twelve inches.
    Sec. 10.  Section 306C.13, subsection 8, paragraph g, Code 2014, is amended to read as follows:
   g.  The standards contained in this section pertaining to size, lighting, and spacing shall not apply to advertising devices erected or maintained within six hundred sixty feet of the right-of-way of those portions of the interstate highway system exempted from control under chapter 306B by authority of section 306B.2, subsection 4, nor to advertising devices erected and maintained within adjacent areas along noninterstate primary highways within zoned and unzoned commercial and industrial areas, unless said advertising devices were erected subsequent to July 1, 1972.

DIVISION II

TRANSPORTATION DEPARTMENT AND COMMISSION

DEPARTMENT OF TRANSPORTATION
    Sec. 11.  Section 307.8, Code 2014, is amended to read as follows:
   307.8  Expenses.

   Members of the commission, the The director, and other employees of the department shall be allowed their actual and necessary expenses incurred in the performance of their duties. All expenses and salaries shall be paid from appropriations for such purposes, and the department shall be subject to the budget requirements of chapter 8.
    Sec. 12.  Section 307.12, subsection 1, paragraphs g and p, Code 2014, are amended to read as follows:
   g.  Appoint the deputy director of transportation and the administrators of within the department.
   p.  Administer chapter 327J Apply for, accept, and expend federal, state, or private funds for the improvement of transportation.
    Sec. 13.  Section 307.12, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  q.  Coordinate the transportation research activities within the department.
    Sec. 14.  Section 307.12, subsection 2, Code 2014, is amended to read as follows:
   2.  If in the interest of the state, the director may allow a subsistence expense to an employee under the supervision of the department’s administrator responsible for highways highway programs and activities for continuous stay in one location while on duty away from established headquarters and place of domicile for a period not to exceed forty-five days; and may allow automobile expenses in accordance with section 8A.363, for moving an employee and the employee’s family from place of present domicile to new domicile, and actual transportation expense for moving of household goods. The household goods for which transportation expense is allowed shall not include pets or animals.
    Sec. 15.  Section 307.21, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   The department’s administrator of administrative services responsible for the operations and finances of the department shall:
    Sec. 16.  Section 307.21, subsection 7, Code 2014, is amended to read as follows:
   7.  The administrator of administrative services may purchase items from the department of administrative services and may cooperate with the director of the department of administrative services by providing purchasing services for the department of administrative services.
    Sec. 17.  Section 307.22, Code 2014, is amended to read as follows:
   307.22  Planning and research programming activities.
   1.  The department’s administrator of responsible for transportation planning and research infrastructure program development shall:
   a.  Assist the director in planning all modes of transportation in order to develop an integrated transportation system providing adequate transportation services for all citizens of the state.
   b.  Develop and maintain transportation statistical data for the department.
   c.  Assist the director in establishing, analyzing, and evaluating alternative transportation policies for the state.
   d.  Coordinate planning and research duties and responsibilities with the planning functions carried on by other administrators of the department.
   e.  (1)  Annually report by July 1 of each year, for both secondary and farm-to-market systems, the miles of earth, granular, and paved surface roads; the daily vehicle miles of travel; and the lineal feet of bridge deck under the jurisdiction of each county’s secondary road department, as of the preceding January 1, taking into account roads whose jurisdiction has been transferred from the department to a county or from a county to the department during the previous year. The annual report shall include those roads transferred to a county pursuant to section 306.8A.
   (2)  Miles of secondary and farm-to-market roads shall not include those miles of farm-to-market extensions within cities under five hundred population that are placed under county secondary road jurisdiction pursuant to section 306.4.
   (3)  The annual report of updated road and bridge data of both the secondary and farm-to-market roads shall be submitted to the Iowa county engineers association service bureau.
   f.  Advise and assist the director in the study and development of highway transport economics to assure availability and productivity of highway transport services.
   f.  g.  Perform such other planning functions as may be assigned by the director.
   2.  The functions of planning and research infrastructure program development do not include the detailed design of highways or other modal transportation facilities, but are restricted to the needs of this state for multimodal transportation systems.
    Sec. 18.  Section 307.24, Code 2014, is amended to read as follows:
   307.24  Administration of highways highway programs and activities.

   The department’s administrator of highways is responsible for the planning, design, construction, and maintenance of highway programs and activities shall plan, design, construct, and maintain the state primary highways and shall administer chapters 306 to through 306C, chapters 309 through 314, chapters 316 through 318, and chapter 320 and perform other duties as assigned by the director. The administration of highways department shall be:

   1.  Be organized to provide administration assistance for urban systems, for and secondary roads, and provide other categories of administration assistance as necessary.
   2.  Devise and adopt standard plans of highway construction and furnish the same to the counties and provide information to the counties on the maintenance practices and policies of the department.
   3.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, other than railroad signals or crossing lights, located adjacent to a primary road and within three hundred feet of a railroad crossing at grade, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such primary road in observing the approach of trains or in observing signs erected for the purpose of giving warning of such railroad crossing.
   4.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, located adjacent to a primary road and within three hundred feet of an intersection with another primary road, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such primary road in observing the approach of other vehicles or signs erected for the purpose of giving warning of such intersection.
   5.  Construct, reconstruct, improve, and maintain state institutional roads and state park roads which are part of the state park, state institution, and other state land road system as defined in section 306.3, and bridges on such roads, roads located on the state fairgrounds as described in chapter 173, and the roads and bridges located on community college property as described in chapter 260C, upon the request of the state board, department, or commission which has jurisdiction over such roads. Such construction, reconstruction, improvement, or maintenance shall be done in such manner as may be agreed upon by the state transportation commission and the state board, department, or commission which has jurisdiction. The commission may contract with any county or municipality for the construction, reconstruction, improvement, or maintenance of such roads and bridges. Any state park road which is an extension of either a primary or secondary highway which both enters and exits from a state park at separate points shall be constructed, reconstructed, improved, and maintained as provided in section 306.4. Funds allocated from the road use tax fund for the purposes of this subsection shall be apportioned in the following manner and amounts:
   a.  For department of natural resources facility roads, forty-five and one-half percent.
   b.  For department of human services facility roads, six and one-half percent.
   c.  For department of corrections facility roads, five and one-half percent.
   d.  For national guard facility roads, four percent.
   e.  For state board of regents facility roads, thirty percent.
   f.  For state fair board facility roads, two percent.
   g.  For department of administrative services facility roads, one-half percent.
   h.  For department of education facility roads, six percent.
    Sec. 19.  Section 307.26, Code 2014, is amended to read as follows:
   307.26  Rail and water Administration of modal programs and activities.

   The department’s administrator responsible for rail and water modal programs and activities shall:

   1.  Advise and assist the director in conducting research on the basic railroad problems and identify the present capability of the existing railroads in order to determine the present obligation of the railroads to provide acceptable levels of public service.  Advise and assist the director in the development of aeronautics including but not limited to the location of air terminals, accessibility of air terminals by other modes of public transportation, protective zoning provisions considering safety factors, noise, and air pollution, facilities for private and commercial aircraft, air freight facilities, and such other physical and technical aspects as may be necessary to meet present and future needs.
   2.  Advise and assist the director in the study of local and regional transportation of goods and people including intracity and intercity bus systems, dial-a-bus facilities, rural and urban bus and taxi systems, the collection of data from these systems, a feasibility study of increased government subsidy assistance and determination of the allocation of such subsidies to each mass transportation system, and such other physical and technical aspects as may be necessary to meet present and future needs, and apply for, accept, and expend federal, state, or private funds for the improvement of mass transit.
   2.  3.  Advise and assist the director in the development of rail transportation systems and programs for expansion of improving passenger and freight services.
   3.  4.  Advise and assist the director in developing programs in anticipation of railroad abandonment, including:
   a.  Development and evaluation of programs which will encourage improvement of rail freight and the upgrading of rail lines in order to improve freight service.
   b.  Development of alternative modes of transportation to areas and communities which lose rail service.
   c.  b.  Advise Advising the director when it may appear in the best interest of the state to assume the role of advocate in railroad abandonments and railroad rate schedules.
   4.  5.  Develop and maintain a federal-state relationship of programs relating to railroad safety enforcement, track standards, rail equipment, operating rules, and transportation of hazardous materials.
   6.  Make surveys, plans, and estimates of cost for safety enhancement at railroad crossings on highways, and confer with local and railroad officials with reference to safety enhancement projects.
   5.  7.  Advise and assist the director in the conduct of research on railroad-highway grade crossings and encourage and develop a safety program in order to reduce injuries or fatalities including, but not limited to, the following:
   a.  The implementation of a program of constructing rumble strips at grade crossings on selected hard surface roads.
   b.  a.  The establishment of standards for warning devices for particularly hazardous crossings or for classes of crossings on highways, which standards are shall be designed to reduce injuries, fatalities, and property damage. Such standards shall regulate the use of warning devices and signs, which shall be in addition to the requirements of section 327G.2. Implementation of such standards shall be the responsibility of the government agency, or department, or political subdivision having jurisdiction and control of the highway and such implementation shall be deemed adequate for the purposes of railroad grade crossing protection. The department, or the political subdivision having jurisdiction, may direct the installation of temporary protection while awaiting installation of permanent protection. A railroad crossing shall not be found to be particularly hazardous for any purpose unless the department has determined it to be particularly hazardous.
   c.  b.  The development and adoption of classifications of crossings on public highways based upon their characteristics, conditions, and hazards, and standards for warning devices, signals, and signs of each crossing classification. The department shall recommend a schedule for implementation of the standards to the government agency, department, or political subdivision having jurisdiction of the highway and shall provide an annual report to the general assembly on the development and adoption of classifications and standards under this paragraph and their implementation, including information about financing installation of warning devices, signals, and signs. The department shall not be liable for the development or adoption of the classifications or standards. A government agency, department, or political subdivision shall not be liable for failure to implement the standards. A crossing warning or improvement installed or maintained pursuant to standards adopted by the department under this paragraph “b” shall be deemed an adequate and appropriate warning for the crossing.
   6.  Apply for, accept, and expend federal, state or private funds for the improvement of rail transportation.
   7.  8.  Advise and assist the director on studies for to assure availability, efficiency, and productivity of freight and passenger services and to promote the coordination of railway service with that of other between all transportation modes.
   8.  9.  Advise and assist the director with studies of regulatory changes deemed necessary to effectuate economical and efficient railroad service.
   9.  10.  Advise and assist the director regarding agreements with railroad corporations for the restoration, conservation, or improvement of railroad as defined in section 327D.2, subsection 3, on such terms, conditions, rates, rentals, or subsidy levels as may be in the best interest of the state. The commission may enter into contracts and agreements which are binding only to the extent that appropriations have been or may subsequently be made by the legislature to effectuate the purposes of this subsection.
   10.  11.  Administer chapters 324A, 327C through 327H, 327J, 328, 329, and 330.
   12.  Administer programs and activities in chapter 306D relating to scenic routes, chapter 307C relating to the Missouri river barge compact, chapter 308 relating to the Mississippi river parkway, chapter 308A relating to recreational bikeways, and chapter 315 relating to the revitalize Iowa’s sound economy fund.
   11.  13.  Perform such other duties and responsibilities as may be assigned by the director and the commission.
   12.  Advise and assist in the establishment and development of railroad districts upon request.
   13.  Conduct innovative experimental programs relating to rail transportation problems within the state.
   14.  Enter the role of “applicant” pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, and take such actions as are necessary to accomplish this role.
   15.  Identify those segments of railroad trackage which, if improved, may provide increased transportation services for the citizens of this state. The department shall develop and implement programs to encourage the improvement of rail freight services on such railroad trackage.
   16.  14.  Promote river transportation and coordinate river programs with other transportation modes.
   17.  15.  Advise and assist the director in the development of river transportation and port facilities in the state.
    Sec. 20.  Section 307.27, Code 2014, is amended to read as follows:
   307.27  Motor vehicles, motor carriers, and drivers.

   The department’s administrator responsible for the enforcement and regulation of motor carriers, registration of motor vehicles, and the licensing of drivers shall:

   1.  Administer and supervise the registration of motor vehicles and the licensing of drivers pursuant to chapter 321.
   2.  Administer and supervise the licensing of motor vehicle manufacturers, distributors, and dealers pursuant to chapter 322.
   3.  Administer the inspection of motor vehicles pursuant to chapter 321.
   4.  Administer motor vehicle registration reciprocity pursuant to chapter 326.
   5.  Administer the provisions of chapters 321A, 321E, 321F, and 321J relating to motor vehicle financial responsibility, the implied consent law, the movement of vehicles of excessive size and weight, and the leasing and renting of vehicles.
   6.  Administer the regulation of motor vehicle franchisers pursuant to chapter 322A.
   7.  Administer the regulation of motor carriers pursuant to chapter chapters 325A, 326, and 327B.
   8.  Administer the registration of interstate authority of motor carriers pursuant to chapter 327B as provided in 49 U.S.C. § 14504a and United States department of transportation regulations.
   9.  Administer chapter 321C relating to interstate drivers license compacts; chapter 321D relating to vehicle equipment compacts; chapter 321H relating to vehicle recyclers; chapter 321L relating to parking for persons with disabilities; chapter 321M relating to county issuance of driver’s licenses; and chapter 322C relating to travel trailer dealers, manufacturers, and distributors.
    Sec. 21.  Section 307.45, Code 2014, is amended to read as follows:
   307.45  State-owned lands —— assessment.
   1.  Cities and counties may assess the cost of a public improvement against the state when the improvement benefits property owned by the state and under the jurisdiction and control of the department’s administrator of highways department. The director shall pay from the primary road fund the portion of the cost of the improvement which would be legally assessable against the land if privately owned.
   2.  Assessments against property under the jurisdiction of the department’s administrator of highways department shall be made in the same manner as those made against private property, except that the city or county making the assessment shall cause a copy of the public notice of hearing to be mailed to the director by certified mail.
   3.  Assessments against property owned by the state and not under the jurisdiction and control of the department’s administrator of highways department shall be made in the same manner as those made against private property, and payment shall be subject to authorization by the executive council. There is appropriated from moneys in the general fund not otherwise appropriated an amount necessary to pay the expense authorized by the executive council.
    Sec. 22.  Section 307.47, subsections 1 and 3, Code 2014, are amended to read as follows:
   1.  The highway materials and equipment revolving fund is created from moneys appropriated out of the primary road fund. From this fund shall be paid all costs for materials and supplies, inventoried stock supplies, maintenance and operational costs of equipment, and equipment replacements incurred in the operation of centralized purchasing under the supervision of the department’s administrator of highways administrator responsible for highway programs and activities. Direct salaries and expenses properly chargeable to direct salaries shall be paid from the fund. For each month, the director administrator responsible for the operations and finances of the department shall render a statement to each highway unit under the supervision of the administrator of highways for the actual cost of materials and supplies, operational and maintenance costs of equipment, and equipment depreciation used. The expense shall be paid by the administrator of highways responsible for the operations and finances of the department in the same manner as other interdepartmental billings are paid, and when the expense is paid by the administrator of highways, the sum paid shall be credited to the highway materials and equipment revolving fund.
   3.  When the highway units under the supervision of the administrator of highways share equipment with other administrative units of the department, the director shall prorate the costs of the equipment among the administrative units using the equipment.
    Sec. 23.  REPEAL.  Sections 307.3, 307.4, 307.5, 307.6, 307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2014, are repealed.

STATE TRANSPORTATION COMMISSION
    Sec. 24.  NEW SECTION.  307A.1A  Transportation commission.
   1.  There is created a state transportation commission which shall consist of seven members, not more than four of whom shall be from the same political party. The governor shall appoint the members of the commission for a term of four years beginning and ending as provided by section 69.19, subject to confirmation by the senate.
   2.  The commission shall meet in May of each year for the purpose of electing one of its members as chairperson.
    Sec. 25.  Section 307A.2, Code 2014, is amended to read as follows:
   307A.2  Duties.

   Said The commission shall:

   1.  Devise and adopt standard plans of highway construction and furnish the same to the counties and provide information to the counties on the maintenance practices and policies of the department.  Develop, coordinate, and annually update a comprehensive transportation policy and plan for the state.
   2.  Furnish information and instruction to, answer inquiries of, and advise with, highway officers on matters of highway construction and maintenance and the reasonable cost thereof. Promote the coordinated and efficient use of all available modes of transportation for the benefit of the state and its citizens including but not limited to the designation and development of multimodal public transfer facilities if carriers or other private businesses fail to develop such facilities.
   3.  Reserved.
   4.  Make surveys, plans, and estimates of cost, for the elimination of danger at railroad crossings on highways, and confer with local and railroad officials with reference to elimination of the danger.
   5.  Assist the board of supervisors and the department general counsel in the defense of suits wherein infringement of patents, relative to highway construction, is alleged.
   6.  Make surveys for the improvement of highways upon or adjacent to state property when requested by the board or department in control of said lands.
   7.  Record all important operations of said commission and, at the time provided by law, report the same to the governor.
   8.  Incur no expense to the state by sending out road lecturers.
   9.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, other than railroad signals or crossing lights, located adjacent to a primary road and within three hundred feet of a railroad crossing at grade, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such highway in observing the approach of trains or in observing signs erected for the purpose of giving warning of such railroad crossing.
   10.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, located adjacent to a primary road and within three hundred feet of an intersection with another primary road, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such highway in observing the approach of other vehicles or signs erected for the purpose of giving warning of such intersection.
   11.  Construct, reconstruct, improve, and maintain state institutional roads and state park roads, which are part of the state park, state institution, and other state land road system as defined in section 306.3, and bridges on such roads, roads located on state fairgrounds as defined in chapter 173, and the roads and bridges located on community college property as defined in chapter 260C, upon the request of the state board, department, or commission which has jurisdiction over such roads. This shall be done in such manner as may be agreed upon by the state transportation commission and the state board, department, or commission which has jurisdiction. The commission may contract with any county or municipality for the construction, reconstruction, improvement, or maintenance of such roads and bridges. Any state park road which is an extension of either a primary or secondary highway which both enters and exits from a state park at separate points shall be constructed, reconstructed, improved, and maintained as provided in section 306.4. Funds allocated from the road use tax fund for the purposes of this subsection shall be apportioned in the following manner and amounts:
   a.  For department of natural resources facility roads, forty-five and one-half percent.
   b.  For department of human services facility roads, six and one-half percent.
   c.  For department of corrections facility roads, five and one-half percent.
   d.  For national guard facility roads, four percent.
   e.  For state board of regents facility roads, thirty percent.
   f.  For state fair board facility roads, two percent.
   g.  For department of administrative services facility roads, one-half percent.
   h.  For department of education facility roads, six percent.
   12.  3.  Prepare, adopt, and cause to be published a long-range program for the primary road system, in conjunction with the state transportation plan adopted by the commission. Such program shall be prepared for a period of at least five years and shall be revised, brought up-to-date, and republished at least once every year in order to have a continuing five-year program. The program shall include, insofar as such estimates can be made, an estimate of the money expected to become available during the period covered by the program and a statement of the construction, maintenance, and other work planned to be performed during such period. The commission shall conduct periodic reinspections of the primary roads in order to revise, from time to time, its estimates of future needs to conform to the physical and service conditions of the primary roads. The commission shall annually cause to be published a sufficiency rating report showing the relative conditions of the primary roads. Before the last day of December of each year, the commission shall adopt and cause to be published from its long-range program, a plan of improvements to be accomplished during the next calendar year. However, in years when the federal government is reauthorizing federal highway funding, the commission shall not be required to adopt and publish the annual plan of improvements to be accomplished until at least ninety days from the enactment of the new federal funding formula. This annual program shall list definite projects in order of urgency and shall include a reasonable year’s work with the funds estimated to be available. The annual program shall be final and followed by the commission in the next year except that deviations may be made in case of disaster or other unforeseen emergencies or difficulties. The relative urgency of the proposed improvements shall be determined by a consideration of the physical condition, safety, and service characteristics of the various primary roads.
   13.  4.  The criteria used by the commission for allocating funds as a result of any long-range planning process shall be adopted in accordance with the provisions of chapter 17A. The commission shall adopt such rules and regulations in accordance with the provisions of chapter 17A as it may deem necessary to transact its business and for the administration and exercise of its powers and duties.
   14.  5.  Identify, within the primary road system, a network of commercial and industrial highways in accordance with section 313.2A. The improvement of this network shall be considered in the development of the long-range program and plan of improvements under this section.
   6.  Approve all rules prior to their adoption by the director pursuant to section 307.12, subsection 1, paragraph “j”.
    Sec. 26.  NEW SECTION.  307A.3  Conflict of interest.

   A person shall not serve as a member of the commission who has an interest in a contract or job of work or material or the profits thereof or service to be performed for the department. Any member of the commission who accepts employment with or acquires any stock, bonds, or other interest in any company or corporation doing business with the department shall be disqualified from remaining a member of the commission.
    Sec. 27.  NEW SECTION.  307A.4  Vacancies on commission.
   1.  Any vacancy in the membership of the commission shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.
   2.  In the event the governor fails to make an appointment to fill a vacancy or fails to submit the appointment to the senate for confirmation as required by section 2.32, the senate may make the appointment prior to adjournment of the general assembly.
    Sec. 28.  NEW SECTION.  307A.5  Compensation —— commission members.

   Each member of the commission shall be compensated as provided in section 7E.6.
    Sec. 29.  NEW SECTION.  307A.6  Commission meetings.

   The commission shall meet at the call of the chairperson or when any four members of the commission file a written request with the chairperson for a meeting. Written notice of the time and place of each meeting shall be given to each member of the commission. A majority of the commission members shall constitute a quorum.
    Sec. 30.  NEW SECTION.  307A.7  Expenses.

   Members of the commission shall be allowed their actual and necessary expenses incurred in the performance of their duties. All expenses and salaries shall be paid from appropriations for such purposes.
    Sec. 31.  NEW SECTION.  307A.8  Removal from office.

   Any member of the commission may be removed for any of the causes and in the manner provided in chapter 66 and such removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.

CONFORMING AMENDMENTS
    Sec. 32.  Section 173.16, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   All expenses incurred in maintaining the state fairgrounds and in conducting the annual fair on it the state fairgrounds, including the compensation and expenses of the officers, members, and employees of the board, shall be recorded by the secretary and paid from the state fair receipts, unless a specific appropriation has been provided for that purpose. The board may request special capital improvement appropriations from the state and may request emergency funding from the executive council for natural disasters. The board may request that the department of transportation provide maintenance in accordance with section 307A.2 307.24, subsection 11 5.
    Sec. 33.  Section 312.2, subsection 2, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   The treasurer of state shall before making the allotments in subsection 1 credit annually to the highway grade crossing safety fund the sum of seven hundred thousand dollars, credit annually from the road use tax fund the sum of nine hundred thousand dollars to the highway railroad grade crossing surface repair fund, credit monthly to the primary road fund the dollars yielded from an allotment of sixty-five hundredths of one percent of all road use tax funds for the express purpose of carrying out subsection 11 of section 307A.2, section 313.4, subsection 2, section 307.24, subsection 5, and section 307.45, and credit annually to the primary road fund the sum of five hundred thousand dollars to be used for paying expenses incurred by the state department of transportation other than expenses incurred for extensions of primary roads in cities. All unobligated funds provided by this subsection, except those funds credited to the highway grade crossing safety fund, shall at the end of each year revert to the road use tax fund. Funds in the highway grade crossing safety fund shall not revert to the road use tax fund except to the extent they exceed five hundred thousand dollars at the end of any biennium. The cost of each highway railroad grade crossing repair project shall be allocated in the following manner:
    Sec. 34.  Section 312.4, subsection 5, Code 2014, is amended to read as follows:
   5.  The amount of the road use tax fund which has been credited to carry out the provisions of section 307A.2, subsection 11, section 313.4, subsection 2, section 307.24, subsection 5, and section 307.45.
    Sec. 35.  Section 313.4, subsection 2, Code 2014, is amended to read as follows:
   2.  Such fund is also appropriated and shall be used for the construction, reconstruction, improvement, and maintenance of state institutional roads and state park roads and bridges on such roads and roads and bridges on community college property as provided in section 307A.2 307.24, subsection 11 5, for restoration of secondary roads used as primary road detours and for compensation of counties for such use, for restoration of municipal streets so used and for compensation of cities for such use, and for the payments required in section 307.45.

DIVISION III

MISCELLANEOUS PROVISIONS
    Sec. 36.  Section 321.50, subsection 5, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  For purposes of this subsection, a security interest noted on an Iowa certificate of title and appearing in the statewide computer system and the county’s records shall be presumed to be discharged upon presentation of a valid certificate of title subsequently issued by a foreign jurisdiction on which the security interest is no longer noted.
    Sec. 37.  Section 321.176A, subsection 1, Code 2014, is amended to read as follows:
   1.  A farmer or a person working for a farmer while operating a commercial motor vehicle controlled by the farmer within one hundred fifty air miles of the farmer’s farm to transport the farmer’s own agricultural products, farm machinery, or farm supplies to or from the farm covered farm vehicle as defined in the federal Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141, §32934. The exemption provided in this subsection shall apply to farmers who assist each other through an exchange of services and shall include operation of a commercial motor vehicle between the farms of the farmers who are exchanging services.
    Sec. 38.  Section 321.187, Code 2014, is amended to read as follows:
   321.187  Examiners.
   1.  The department shall examine applicants for driver’s licenses. Examiners of the department shall wear an identifying badge and uniform provided by the department.
   2.  The department may by rule designate community colleges and other third party testers to administer the driving skills test required for a commercial driver’s license, provided that all of the following occur:
   a.  The driving skills test is the same as that which would otherwise be administered by the state.
   b.  The examiner third party tester contractually agrees to comply with the requirements of 49 C.F.R. §383.75 as adopted by rule by the department.
   c.  Any third party skills test examiner used by the third party tester shall meet the requirements of 49 C.F.R. §383.75 and 49 C.F.R. §384.228, as adopted by rule by the department.
   3.  As used in this section, “third party tester” and “third party skills test examiner” mean as defined in 49 C.F.R. §383.5.
    Sec. 39.  Section 321.257, subsection 2, paragraphs g and h, Code 2014, are amended to read as follows:
   g.  A “don’t walk” or “steady upraised hand” light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal shall not start to cross the roadway in the direction of the pedestrian signal, and pedestrian traffic in the crossing shall proceed to a safety zone.
   h.  A “walk” or “walking person” light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal may proceed to cross the roadway in the direction of the pedestrian signal and shall be given the right-of-way by drivers of all vehicles.
    Sec. 40.  Section 321.257, subsection 2, Code 2014, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0g.  A “flashing yellow arrow” light shown alone or with another official traffic-control signal means vehicular traffic may cautiously enter the intersection and proceed only in the direction indicated by the arrow. Vehicular traffic shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection and any vehicle on the opposing approach which is approaching so closely as to constitute an immediate hazard during the time the driver is moving within the intersection.
   NEW PARAGRAPH.  0h.  A “flashing upraised hand” or “upraised hand with countdown” light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal shall not start to cross the roadway in the direction of the pedestrian signal, and pedestrian traffic in the crossing shall proceed to a safety zone. The “upraised hand with countdown” light is a pedestrian signal that also provides the time remaining for the pedestrian to complete the crossing.
    Sec. 41.  Section 328.24, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   If, during the year for which an aircraft, except nonresident aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or it the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name it was registered at the time of destruction, dismantling, or removal from the state shall return the certificate of registration to the department within ten thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.
    Sec. 42.  2012 Iowa Acts, chapter 1129, section 4, is amended to read as follows:
   SEC. 4.  ROAD USE TAX FUND EFFICIENCY MEASURES —— QUARTERLY REPORTS.  The department of transportation shall submit quarterly reports in an electronic format to the co-chairpersons of the joint appropriations subcommittee on transportation, infrastructure, and capitals, the chairpersons of the senate and house standing committees on transportation, the department of management, and the legislative services agency regarding the implementation of efficiency measures identified in the “Road Use Tax Fund Efficiency Report”, January 2012. The reports shall provide details of activities undertaken in the previous quarter relating to one-time and long-term program efficiencies and partnership efficiencies. Issues to be covered in the reports shall include but are not limited to savings realized from the implementation of particular efficiency measures; updates concerning measures that have not been implemented; efforts involving cities, counties, other jurisdictions, or stakeholder interest groups; any new efficiency measures identified or undertaken; and identification of any legislative action that may be required to achieve efficiencies. The first report shall be submitted by October 1, 2012.  The final report shall be submitted by October 1, 2014.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill contains provisions relating to matters under the purview of the department of transportation (DOT).
   DIVISION I —— HIGHWAYS. Under current law, the DOT has the responsibility for regulating junkyards along interstate highways. This bill extends the scope of that responsibility to include all highways on the national highway system. The “national highway system” is designated by the federal highway administration in consultation with the DOT and consists of certain interconnected urban and rural principal arterials and highways.
   The bill prohibits the establishment, operation, or maintenance of a junkyard within 1,000 feet of the nearest edge of the right-of-way of any highway on the national highway system unless the junkyard is not visible from the main-traveled portion of the highway or is screened from view; is located within areas zoned for industrial use; or is located in an unzoned industrial area defined by DOT regulations. However, a junkyard in a zoned or unzoned industrial area lawfully in existence on July 1, 2014, which is within 1,000 feet of the right-of-way and visible from the main-traveled portion of the highway shall be screened, if feasible, by the DOT or by the owner at the direction of the DOT.
   Under current law, the DOT regulates billboards along interstates and primary highways. The bill expands the scope of that regulation by redefining “primary highways” to include all highways on the national highway system and all highways on the federal-aid primary system as it existed on June 1, 1991. Certain restrictions on the placement of advertising devices are amended to narrow the application to nonfreeway or noninterstate primary highways.
   DIVISION II —— TRANSPORTATION DEPARTMENT AND COMMISSION.
   DEPARTMENT OF TRANSPORTATION. Code chapter 307, which establishes the DOT, is amended and reorganized to reflect the current structure and responsibilities of the department and its various divisions. In addition, provisions which relate to the state transportation commission are repealed from Code chapter 307 and moved into Code chapter 307A, which relates more specifically to the commission.
   STATE TRANSPORTATION COMMISSION. Code chapter 307A, which currently contains some of the duties of the state transportation commission, is amended to include provisions establishing the commission and providing for its organization and membership. In addition, certain provisions which relate to duties actually performed by the department, and not the commission, are repealed from Code chapter 307A and moved into Code chapter 307.
   CONFORMING AMENDMENTS. Code sections that currently refer to provisions in Code chapters 307 and 307A are amended to update references in conjunction with the changes to those Code chapters by the bill.
   DIVISION III —— MISCELLANEOUS PROVISIONS. Code section 321.50 is amended to provide that when a security interest is noted on an Iowa certificate of title and in the statewide computer system and the county’s records, it can be presumed that the security interest has been discharged upon the presentation of a valid certificate of title subsequently issued by the foreign jurisdiction on which the security interest is no longer noted.
   The bill amends a provision in Code section 321.176A which describes the exemption from commercial driver’s license requirements that applies to farmers and persons working for farmers. The bill states that the exemption applies to a farmer or a person working for a farmer while operating a covered farm vehicle as defined in the 2012 federal Moving Ahead for Progress in the 21st Century Act, also known as MAP-21, which authorizes surface transportation funding.
   The bill amends Code section 321.187 to allow third party testers to administer the driving skills test required for a commercial driver’s license, provided the third party tester administers the same test as that which would be administered by the state and complies with federal regulations for testing which are adopted by the department by rule. An examiner used by a third party tester must also meet federal requirements.
   The bill amends Code section 321.257 to describe new colored lights and lighted symbols used on official traffic-control signals. The “steady upraised hand” light means the same as the “don’t walk” light, and the “walking person” light means the same as the “walk” light. The “flashing upright hand” and the “upraised hand with countdown” lights are now pedestrian signals that indicate when to wait before crossing or proceed to a safety zone, and the “upraised hand with countdown” light also indicates the time remaining for the pedestrian to complete the crossing. The “flashing yellow arrow” light means vehicular traffic may cautiously enter the intersection and proceed in the direction indicated by the arrow, but must yield the right-of-way to other vehicles and pedestrians lawfully in the intersection or approaching closely.
   Under current law, when an aircraft that was registered in this state is destroyed by fire or accident or junked and its identity as an aircraft entirely eliminated, or when the aircraft is removed from the state, the owner has 10 days in which to return the certificate of title and claim a refund of the registration fee. The bill extends the deadline to 30 days.
   Pursuant to 2012 Acts, chapter 1129, section 4, the DOT is currently required to submit quarterly reports regarding the implementation of efficiency measures identified in the “Road Use Tax Fund Efficiency Report”, January 2012. The bill requires submission of the final quarterly report by October 1, 2014, thereby ending the reporting requirement.