House
Study
Bill
66
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
transportation,
providing
fees,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
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86
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S.F.
_____
H.F.
_____
DIVISION
I
1
AVIATION
2
Section
1.
Section
23A.2,
subsection
9,
Code
2015,
is
3
amended
to
read
as
follows:
4
9.
The
state
department
of
transportation
may,
in
5
accordance
with
chapter
17A
,
provide
for
exemption
from
6
the
application
of
subsection
1
for
the
activities
related
7
to
highway
maintenance,
highway
design
and
construction,
8
publication
and
distribution
of
transportation
maps,
state
9
aircraft
pool
operations,
inventory
sales
to
other
state
10
agencies
and
political
subdivisions,
equipment
management
and
11
disposal,
vehicle
maintenance
and
repair
services
for
other
12
state
agencies,
and
other
similar
essential
operations.
13
Sec.
2.
REPEAL.
Section
328.38,
Code
2015,
is
repealed.
14
DIVISION
II
15
TRANSPORTATION
DEPARTMENT
AND
COMMISSION
16
DEPARTMENT
OF
TRANSPORTATION
17
Sec.
3.
Section
307.8,
Code
2015,
is
amended
to
read
as
18
follows:
19
307.8
Expenses.
20
Members
of
the
commission,
the
The
director
,
and
other
21
employees
of
the
department
shall
be
allowed
their
actual
and
22
necessary
expenses
incurred
in
the
performance
of
their
duties.
23
All
expenses
and
salaries
shall
be
paid
from
appropriations
for
24
such
purposes
and
the
department
shall
be
subject
to
the
budget
25
requirements
of
chapter
8
.
26
Sec.
4.
Section
307.12,
subsection
1,
paragraphs
g
and
p,
27
Code
2015,
are
amended
to
read
as
follows:
28
g.
Appoint
the
deputy
director
of
transportation
and
the
29
administrators
of
within
the
department.
30
p.
Administer
chapter
327J
Apply
for,
accept,
and
expend
31
federal,
state,
or
private
funds
for
the
improvement
of
32
transportation
.
33
Sec.
5.
Section
307.12,
subsection
1,
Code
2015,
is
amended
34
by
adding
the
following
new
paragraph:
35
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_____
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_____
NEW
PARAGRAPH
.
q.
Coordinate
the
transportation
research
1
activities
within
the
department.
2
Sec.
6.
Section
307.12,
subsection
2,
Code
2015,
is
amended
3
to
read
as
follows:
4
2.
If
in
the
interest
of
the
state,
the
director
may
allow
a
5
subsistence
expense
to
an
employee
under
the
supervision
of
the
6
department’s
administrator
for
highways
responsible
for
highway
7
programs
and
activities
for
continuous
stay
in
one
location
8
while
on
duty
away
from
established
headquarters
and
place
9
of
domicile
for
a
period
not
to
exceed
forty-five
days;
and
10
allow
automobile
expenses
in
accordance
with
section
8A.363
,
11
for
moving
an
employee
and
the
employee’s
family
from
place
of
12
present
domicile
to
new
domicile,
and
actual
transportation
13
expense
for
moving
of
household
goods.
The
household
goods
for
14
which
transportation
expense
is
allowed
shall
not
include
pets
15
or
animals.
16
Sec.
7.
Section
307.21,
subsection
1,
unnumbered
paragraph
17
1,
Code
2015,
is
amended
to
read
as
follows:
18
The
department’s
administrator
of
administrative
services
19
responsible
for
the
operations
and
finances
of
the
department
20
shall:
21
Sec.
8.
Section
307.21,
subsection
7,
Code
2015,
is
amended
22
to
read
as
follows:
23
7.
The
administrator
of
administrative
services
may
24
purchase
items
from
the
department
of
administrative
services
25
and
may
cooperate
with
the
director
of
the
department
of
26
administrative
services
by
providing
purchasing
services
for
27
the
department
of
administrative
services.
28
Sec.
9.
Section
307.22,
Code
2015,
is
amended
to
read
as
29
follows:
30
307.22
Planning
and
research
programming
activities
.
31
1.
The
department’s
administrator
of
responsible
for
32
transportation
planning
and
research
infrastructure
program
33
development
shall:
34
a.
Assist
the
director
in
planning
all
modes
of
35
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_____
H.F.
_____
transportation
in
order
to
develop
an
integrated
transportation
1
system
providing
adequate
transportation
services
for
all
2
citizens
of
the
state.
3
b.
Develop
and
maintain
transportation
statistical
data
for
4
the
department.
5
c.
Assist
the
director
in
establishing,
analyzing,
and
6
evaluating
alternative
transportation
policies
for
the
state.
7
d.
Coordinate
planning
and
research
duties
and
8
responsibilities
with
the
planning
functions
carried
on
by
9
other
administrators
of
the
department.
10
e.
(1)
Annually
report
by
July
1
of
each
year,
for
both
11
secondary
and
farm-to-market
systems,
miles
of
earth,
granular,
12
and
paved
surface
roads;
the
daily
vehicle
miles
of
travel;
13
and
lineal
feet
of
bridge
deck
under
the
jurisdiction
of
each
14
county’s
secondary
road
department,
as
of
the
preceding
January
15
1,
taking
into
account
roads
whose
jurisdiction
has
been
16
transferred
from
the
department
to
a
county
or
from
a
county
17
to
the
department
during
the
previous
year.
The
annual
report
18
shall
include
those
roads
transferred
to
a
county
pursuant
to
19
section
306.8A
.
20
(2)
Miles
of
secondary
and
farm-to-market
roads
shall
not
21
include
those
miles
of
farm-to-market
extensions
within
cities
22
under
five
hundred
population
that
are
placed
under
county
23
secondary
road
jurisdiction
pursuant
to
section
306.4
.
24
(3)
The
annual
report
of
updated
road
and
bridge
data
of
25
both
the
secondary
and
farm-to-market
roads
shall
be
submitted
26
to
the
Iowa
county
engineers
association
service
bureau.
27
f.
Advise
and
assist
the
director
to
study
and
develop
28
highway
transport
economics
to
assure
availability
and
29
productivity
of
highway
transport
services.
30
f.
g.
Perform
such
other
planning
functions
as
may
be
31
assigned
by
the
director.
32
2.
The
functions
function
of
planning
and
research
do
does
33
not
include
the
detailed
design
of
highways
or
other
modal
34
transportation
facilities,
but
are
is
restricted
to
the
needs
35
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_____
of
this
state
for
multimodal
transportation
systems.
1
Sec.
10.
Section
307.24,
Code
2015,
is
amended
to
read
as
2
follows:
3
307.24
Administration
of
highways
highway
programs
and
4
activities
.
5
The
department’s
administrator
of
highways
is
responsible
6
for
the
planning
responsible
for
highway
programs
and
7
activities
shall
plan
,
design,
construction
construct
,
and
8
maintenance
of
maintain
the
state
primary
highways
and
shall
9
administer
chapters
306
to
through
306C,
chapters
309
through
10
314,
chapters
316
through
318,
and
chapter
320
and
perform
11
other
duties
as
assigned
by
the
director.
The
administration
12
of
highways
department
shall
be
:
13
1.
Be
organized
to
provide
administration
assistance
for
14
urban
systems
,
for
and
secondary
roads,
and
to
provide
other
15
categories
of
administration
assistance
as
necessary.
16
2.
Devise
and
adopt
standard
plans
of
highway
construction
17
and
furnish
the
same
to
the
counties
and
provide
information
18
to
the
counties
on
the
maintenance
practices
and
policies
of
19
the
department.
20
3.
Order
the
removal
or
alteration
of
any
lights
or
21
light-reflecting
devices,
whether
on
public
or
private
22
property,
other
than
railroad
signals
or
crossing
lights,
23
located
adjacent
to
a
primary
road
and
within
three
hundred
24
feet
of
a
railroad
crossing
at
grade,
which
in
any
way
25
interfere
with
the
vision
of
or
may
be
confusing
to
a
person
26
operating
a
motor
vehicle
on
such
primary
road
in
observing
27
the
approach
of
trains
or
in
observing
signs
erected
for
the
28
purpose
of
giving
warning
of
such
railroad
crossing.
29
4.
Order
the
removal
or
alteration
of
any
lights
or
30
light-reflecting
devices,
whether
on
public
or
private
31
property,
located
adjacent
to
a
primary
road
and
within
32
three
hundred
feet
of
an
intersection
with
another
primary
33
road,
which
in
any
way
interfere
with
the
vision
of
or
may
be
34
confusing
to
a
person
operating
a
motor
vehicle
on
such
primary
35
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road
in
observing
the
approach
of
other
vehicles
or
signs
1
erected
for
the
purpose
of
giving
warning
of
such
intersection.
2
5.
Construct,
reconstruct,
improve,
and
maintain
state
3
institutional
roads
and
state
park
roads
which
are
part
of
4
the
state
park,
state
institution,
and
other
state
land
road
5
system
as
defined
in
section
306.3,
and
bridges
on
such
roads,
6
roads
located
on
state
fairgrounds
as
defined
in
chapter
173,
7
and
the
roads
and
bridges
located
on
property
of
community
8
colleges
as
defined
in
section
260C.2,
upon
the
request
of
the
9
state
board,
department,
or
commission
which
has
jurisdiction
10
over
such
roads.
This
shall
be
done
in
such
manner
as
may
be
11
agreed
upon
by
the
state
transportation
commission
and
the
12
state
board,
department,
or
commission
which
has
jurisdiction.
13
The
commission
may
contract
with
any
county
or
municipality
for
14
the
construction,
reconstruction,
improvement,
or
maintenance
15
of
such
roads
and
bridges.
Any
state
park
road
which
is
an
16
extension
of
either
a
primary
or
secondary
highway
which
both
17
enters
and
exits
from
a
state
park
at
separate
points
shall
18
be
constructed,
reconstructed,
improved,
and
maintained
as
19
provided
in
section
306.4.
Funds
allocated
from
the
road
20
use
tax
fund
for
the
purposes
of
this
subsection
shall
be
21
apportioned
in
the
following
manner
and
amounts:
22
a.
For
department
of
natural
resources
facility
roads,
23
forty-five
and
one-half
percent.
24
b.
For
department
of
human
services
facility
roads,
six
and
25
one-half
percent.
26
c.
For
department
of
corrections
facility
roads,
five
and
27
one-half
percent.
28
d.
For
national
guard
facility
roads,
four
percent.
29
e.
For
state
board
of
regents
facility
roads,
thirty
30
percent.
31
f.
For
state
fair
board
facility
roads,
two
percent.
32
g.
For
department
of
administrative
services
facility
roads,
33
one-half
percent.
34
h.
For
department
of
education
facility
roads,
six
percent.
35
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Sec.
11.
Section
307.26,
Code
2015,
is
amended
to
read
as
1
follows:
2
307.26
Rail
and
water
Administration
of
modal
programs
and
3
activities
.
4
The
department’s
administrator
responsible
for
rail
and
5
water
modal
programs
and
activities
shall:
6
1.
Advise
and
assist
the
director
in
conducting
research
on
7
the
basic
railroad
problems
and
identify
the
present
capability
8
of
the
existing
railroads
in
order
to
determine
the
present
9
obligation
of
the
railroads
to
provide
acceptable
levels
of
10
public
service
the
development
of
aeronautics,
including
but
11
not
limited
to
the
location
of
air
terminals,
accessibility
12
of
air
terminals
by
other
modes
of
public
transportation,
13
protective
zoning
provisions
considering
safety
factors,
noise,
14
and
air
pollution,
facilities
for
private
and
commercial
15
aircraft,
air
freight
facilities,
and
such
other
physical
and
16
technical
aspects
as
may
be
necessary
to
meet
present
and
17
future
needs
.
18
2.
Advise
and
assist
the
director
in
the
study
of
local
and
19
regional
transportation
of
goods
and
people
including
intracity
20
and
intercity
bus
systems,
dial-a-bus
facilities,
rural
and
21
urban
bus
and
taxi
systems,
the
collection
of
data
from
these
22
systems,
the
study
of
the
feasibility
of
increased
government
23
subsidy
assistance
and
the
allocation
of
such
subsidies
to
each
24
mass
transportation
system,
the
study
of
such
other
physical
25
and
technical
aspects
which
may
be
necessary
to
meet
present
26
and
future
needs,
and
the
application
for,
acceptance
of,
27
and
expending
of
federal,
state,
or
private
funds
for
the
28
improvement
of
mass
transit.
29
2.
3.
Advise
and
assist
the
director
in
the
development
30
of
rail
transportation
systems
and
programs
for
expansion
of
31
improving
passenger
and
freight
services.
32
3.
4.
Advise
and
assist
the
director
in
developing
programs
33
in
anticipation
of
railroad
abandonment,
including:
34
a.
Development
and
evaluation
of
programs
which
will
35
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encourage
improvement
of
rail
freight
and
the
upgrading
of
rail
1
lines
in
order
to
improve
freight
service.
2
b.
Development
of
alternative
modes
of
transportation
to
3
areas
and
communities
which
lose
rail
service.
4
c.
b.
Advise
Advising
the
director
when
it
may
appear
in
5
the
best
interest
of
the
state
to
assume
the
role
of
advocate
6
in
railroad
abandonments
and
railroad
rate
schedules.
7
4.
5.
Develop
and
maintain
a
federal-state
relationship
8
of
programs
relating
to
railroad
safety
enforcement,
track
9
standards,
rail
equipment,
operating
rules
,
and
transportation
10
of
hazardous
materials.
11
6.
Make
surveys,
plans,
and
estimates
of
cost
for
the
12
elimination
of
danger
at
railroad
crossings
on
highways,
and
13
confer
with
local
and
railroad
officials
with
reference
to
14
elimination
of
the
danger.
15
5.
7.
Advise
and
assist
the
director
in
the
conduct
of
16
research
on
railroad-highway
grade
crossings
and
encourage
17
and
develop
a
safety
program
in
order
to
reduce
injuries
or
18
fatalities
including
,
but
not
limited
to
,
the
following:
19
a.
The
implementation
of
a
program
of
constructing
rumble
20
strips
at
grade
crossings
on
selected
hard
surface
roads.
21
b.
a.
The
establishment
of
standards
for
warning
devices
22
for
particularly
hazardous
crossings
or
for
classes
of
23
crossings
on
highways,
which
standards
are
shall
be
designed
24
to
reduce
injuries,
fatalities
,
and
property
damage.
Such
25
standards
shall
regulate
the
use
of
warning
devices
and
26
signs
,
which
shall
be
in
addition
to
the
requirements
of
27
section
327G.2
.
Implementation
of
such
standards
shall
be
28
the
responsibility
of
the
government
agency
or
department
29
or
political
subdivision
having
jurisdiction
and
control
of
30
the
highway
and
such
implementation
shall
be
deemed
adequate
31
for
the
purposes
of
railroad
grade
crossing
protection.
The
32
department,
or
the
political
subdivision
having
jurisdiction,
33
may
direct
the
installation
of
temporary
protection
while
34
awaiting
installation
of
permanent
protection.
A
railroad
35
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crossing
shall
not
be
found
to
be
particularly
hazardous
for
1
any
purpose
unless
the
department
has
determined
it
to
be
2
particularly
hazardous.
3
c.
b.
The
development
and
adoption
of
classifications
of
4
crossings
on
public
highways
based
upon
their
characteristics,
5
conditions,
and
hazards,
and
standards
for
warning
devices,
6
signals,
and
signs
of
each
crossing
classification.
The
7
department
shall
recommend
a
schedule
for
implementation
8
of
the
standards
to
the
government
agency,
department,
or
9
political
subdivision
having
jurisdiction
of
the
highway
and
10
shall
provide
an
annual
report
to
the
general
assembly
on
the
11
development
and
adoption
of
classifications
and
standards
under
12
this
paragraph
and
their
implementation,
including
information
13
about
financing
installation
of
warning
devices,
signals,
and
14
signs.
The
department
shall
not
be
liable
for
the
development
15
or
adoption
of
the
classifications
or
standards.
A
government
16
agency,
department,
or
political
subdivision
shall
not
be
17
liable
for
failure
to
implement
the
standards.
A
crossing
18
warning
or
improvement
installed
or
maintained
pursuant
to
19
standards
adopted
by
the
department
under
this
paragraph
shall
20
be
deemed
an
adequate
and
appropriate
warning
for
the
crossing.
21
6.
Apply
for,
accept,
and
expend
federal,
state
or
private
22
funds
for
the
improvement
of
rail
transportation.
23
7.
8.
Advise
and
assist
the
director
on
studies
for
24
coordination
of
railway
service
with
that
of
other
to
assure
25
availability,
efficiency,
and
productivity
of
freight
and
26
passenger
services
and
to
promote
the
coordination
of
service
27
between
all
transportation
modes.
28
8.
9.
Advise
and
assist
the
director
with
studies
of
29
regulatory
changes
deemed
necessary
to
effectuate
economical
30
and
efficient
railroad
service.
31
9.
10.
Advise
and
assist
the
director
regarding
agreements
32
with
railroad
corporations
for
the
restoration,
conservation
,
33
or
improvement
of
railroad
as
defined
in
section
327D.2,
34
subsection
3
,
on
such
terms,
conditions,
rates,
rentals,
or
35
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_____
H.F.
_____
subsidy
levels
as
may
be
in
the
best
interest
of
the
state.
1
The
commission
may
enter
into
contracts
and
agreements
which
2
are
binding
only
to
the
extent
that
appropriations
have
been
3
or
may
subsequently
be
made
by
the
legislature
to
effectuate
4
the
purposes
of
this
subsection
.
5
10.
11.
Administer
chapters
324A,
327C
through
327H
,
327J,
6
328,
329,
and
330
.
7
12.
Administer
programs
and
activities
in
chapters
306D,
8
307C,
308A,
and
315.
9
11.
13.
Perform
such
other
duties
and
responsibilities
as
10
may
be
assigned
by
the
director
and
the
commission
.
11
12.
Advise
and
assist
in
the
establishment
and
development
12
of
railroad
districts
upon
request.
13
13.
Conduct
innovative
experimental
programs
relating
to
14
rail
transportation
problems
within
the
state.
15
14.
Enter
the
role
of
“applicant”
pursuant
to
the
Railroad
16
Revitalization
and
Regulatory
Reform
Act
of
1976,
Pub.
L.
No.
17
94-210,
and
take
such
actions
as
are
necessary
to
accomplish
18
this
role.
19
15.
Identify
those
segments
of
railroad
trackage
which,
if
20
improved,
may
provide
increased
transportation
services
for
21
the
citizens
of
this
state.
The
department
shall
develop
and
22
implement
programs
to
encourage
the
improvement
of
rail
freight
23
services
on
such
railroad
trackage.
24
16.
14.
Promote
river
transportation
and
coordinate
river
25
programs
with
other
transportation
modes.
26
17.
15.
Advise
and
assist
the
director
in
the
development
27
of
river
transportation
and
port
facilities
in
the
state.
28
Sec.
12.
Section
307.27,
Code
2015,
is
amended
to
read
as
29
follows:
30
307.27
Motor
vehicles
,
motor
carriers,
and
drivers
.
31
The
department’s
administrator
responsible
for
the
32
enforcement
and
regulation
of
motor
carriers,
registration
of
33
motor
vehicles
,
and
licensing
of
drivers
shall:
34
1.
Administer
and
supervise
the
registration
of
motor
35
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_____
H.F.
_____
vehicles
and
the
licensing
of
drivers
pursuant
to
chapter
321
.
1
2.
Administer
and
supervise
the
licensing
of
motor
vehicle
2
manufacturers,
distributors
,
and
dealers
pursuant
to
chapter
3
322
.
4
3.
Administer
the
inspection
of
motor
vehicles
pursuant
to
5
chapter
321
.
6
4.
Administer
motor
vehicle
registration
reciprocity
7
pursuant
to
chapter
326
.
8
5.
Administer
the
provisions
of
chapters
321A
,
321E
,
321F
,
9
and
321J
relating
to
motor
vehicle
financial
responsibility,
10
the
implied
consent
law,
the
movement
of
vehicles
of
excessive
11
size
and
weight
,
and
the
leasing
and
renting
of
vehicles.
12
6.
Administer
the
regulation
of
motor
vehicle
franchisers
13
pursuant
to
chapter
322A
.
14
7.
Administer
the
regulation
of
motor
carriers
pursuant
to
15
chapter
chapters
325A
,
326,
and
327B
.
16
8.
Administer
the
registration
of
interstate
authority
17
of
motor
carriers
pursuant
to
chapter
327B
as
provided
in
49
18
U.S.C.
§14504a
and
United
States
department
of
transportation
19
regulations.
20
9.
Administer
chapters
321C,
321D,
321H,
321L,
321M,
and
21
322C.
22
Sec.
13.
Section
307.45,
Code
2015,
is
amended
to
read
as
23
follows:
24
307.45
State-owned
lands
——
assessment.
25
1.
Cities
and
counties
may
assess
the
cost
of
a
public
26
improvement
against
the
state
when
the
improvement
benefits
27
property
owned
by
the
state
and
under
the
jurisdiction
28
and
control
of
the
department’s
administrator
of
highways
29
department
.
The
director
shall
pay
from
the
primary
road
fund
30
the
portion
of
the
cost
of
the
improvement
which
would
be
31
legally
assessable
against
the
land
if
privately
owned.
32
2.
Assessments
against
property
under
the
jurisdiction
of
33
the
department’s
administrator
of
highways
department
shall
be
34
made
in
the
same
manner
as
those
made
against
private
property,
35
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_____
H.F.
_____
except
that
the
city
or
county
making
the
assessment
shall
1
cause
a
copy
of
the
public
notice
of
hearing
to
be
mailed
to
the
2
director
by
certified
mail.
3
3.
Assessments
against
property
owned
by
the
state
and
4
not
under
the
jurisdiction
and
control
of
the
department’s
5
administrator
of
highways
department
shall
be
made
in
the
same
6
manner
as
those
made
against
private
property
and
payment
shall
7
be
subject
to
authorization
by
the
executive
council.
There
8
is
appropriated
from
moneys
in
the
general
fund
not
otherwise
9
appropriated
an
amount
necessary
to
pay
the
expense
authorized
10
by
the
executive
council.
11
Sec.
14.
Section
307.47,
subsections
1
and
3,
Code
2015,
are
12
amended
to
read
as
follows:
13
1.
The
highway
materials
and
equipment
revolving
fund
14
is
created
from
moneys
appropriated
out
of
the
primary
road
15
fund.
From
this
fund
shall
be
paid
all
costs
for
materials
16
and
supplies,
inventoried
stock
supplies,
maintenance
and
17
operational
costs
of
equipment,
and
equipment
replacements
18
incurred
in
the
operation
of
centralized
purchasing
under
the
19
supervision
of
the
department’s
administrator
of
highways
20
administrator
responsible
for
highway
programs
and
activities
.
21
Direct
salaries
and
expenses
properly
chargeable
to
direct
22
salaries
shall
be
paid
from
the
fund.
For
each
month
the
23
director
administrator
responsible
for
the
operations
and
24
finances
of
the
department
shall
render
a
statement
to
each
25
highway
unit
under
the
supervision
of
the
administrator
26
of
highways
for
the
actual
cost
of
materials
and
supplies,
27
operational
and
maintenance
costs
of
equipment,
and
equipment
28
depreciation
used.
The
expense
shall
be
paid
by
the
29
administrator
of
highways
responsible
for
the
operations
30
and
finances
of
the
department
in
the
same
manner
as
other
31
interdepartmental
billings
are
paid
and
when
the
expense
is
32
paid
by
the
administrator
of
highways,
the
.
The
sum
paid
shall
33
be
credited
to
the
highway
materials
and
equipment
revolving
34
fund.
35
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3.
When
the
units
under
the
supervision
of
the
administrator
1
of
highways
share
a
highway
unit
shares
equipment
with
other
2
another
administrative
units
unit
of
the
department,
the
3
director
shall
prorate
the
costs
of
the
equipment
among
the
4
administrative
units
using
the
equipment.
5
Sec.
15.
REPEAL.
Sections
307.3,
307.4,
307.5,
307.6,
6
307.7,
307.9,
307.10,
307.25,
307.35,
and
307.43,
Code
2015,
7
are
repealed.
8
STATE
TRANSPORTATION
COMMISSION
9
Sec.
16.
NEW
SECTION
.
307A.1A
Transportation
commission.
10
1.
There
is
created
a
state
transportation
commission
which
11
shall
consist
of
seven
members,
not
more
than
four
of
whom
12
shall
be
from
the
same
political
party.
The
governor
shall
13
appoint
the
members
of
the
state
transportation
commission
14
for
a
term
of
four
years
beginning
and
ending
as
provided
by
15
section
69.19,
subject
to
confirmation
by
the
senate.
16
2.
The
commission
shall
meet
in
May
of
each
year
for
the
17
purpose
of
electing
one
of
its
members
as
chairperson.
18
Sec.
17.
Section
307A.2,
subsections
1
and
2,
Code
2015,
19
are
amended
by
striking
the
subsections
and
inserting
in
lieu
20
thereof
the
following:
21
1.
Develop,
coordinate,
and
annually
update
a
comprehensive
22
transportation
policy
and
plan
for
the
state.
23
2.
Promote
the
coordinated
and
efficient
use
of
all
24
available
modes
of
transportation
for
the
benefit
of
the
state
25
and
its
citizens
including
but
not
limited
to
the
designation
26
and
development
of
multimodal
public
transfer
facilities
if
27
carriers
or
other
private
businesses
fail
to
develop
such
28
facilities.
29
Sec.
18.
Section
307A.2,
subsections
3,
4,
5,
6,
7,
8,
9,
30
10,
and
11,
Code
2015,
are
amended
by
striking
the
subsections.
31
Sec.
19.
Section
307A.2,
subsection
12,
Code
2015,
is
32
amended
to
read
as
follows:
33
12.
Prepare,
adopt,
and
cause
to
be
published
a
long-range
34
program
for
the
primary
road
system,
in
conjunction
with
the
35
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_____
H.F.
_____
state
transportation
plan
adopted
by
the
commission.
Such
1
program
shall
be
prepared
for
a
period
of
at
least
five
years
2
and
shall
be
revised,
brought
up-to-date,
and
republished
at
3
least
once
every
year
in
order
to
have
a
continuing
five-year
4
program.
The
program
shall
include,
insofar
as
such
estimates
5
can
be
made,
an
estimate
of
the
money
expected
to
become
6
available
during
the
period
covered
by
the
program
and
a
7
statement
of
the
construction,
maintenance,
and
other
work
8
planned
to
be
performed
during
such
period.
The
commission
9
shall
conduct
periodic
reinspections
of
the
primary
roads
in
10
order
to
revise,
from
time
to
time,
its
estimates
of
future
11
needs
to
conform
to
the
physical
and
service
conditions
12
of
the
primary
roads.
The
commission
shall
annually
cause
13
to
be
published
a
sufficiency
rating
report
showing
the
14
relative
conditions
of
the
primary
roads.
Before
the
last
15
day
of
December
of
each
year,
the
commission
shall
adopt
and
16
cause
to
be
published
from
its
long-range
program,
a
plan
of
17
improvements
to
be
accomplished
during
the
next
calendar
year.
18
However,
in
years
when
the
federal
government
is
reauthorizing
19
federal
highway
funding,
the
commission
shall
not
be
required
20
to
adopt
and
publish
the
annual
plan
of
improvements
to
be
21
accomplished
until
at
least
ninety
days
from
the
enactment
22
of
the
new
federal
funding
formula.
This
annual
program
23
shall
list
definite
projects
in
order
of
urgency
and
shall
24
include
a
reasonable
year’s
work
with
the
funds
estimated
to
25
be
available.
The
annual
program
shall
be
final
and
followed
26
by
the
commission
in
the
next
year
except
that
deviations
may
27
be
made
in
case
of
disaster
or
other
unforeseen
emergencies
28
or
difficulties.
The
relative
urgency
of
the
proposed
29
improvements
shall
be
determined
by
a
consideration
of
the
30
physical
condition,
safety,
and
service
characteristics
of
the
31
various
primary
roads.
32
Sec.
20.
Section
307A.2,
Code
2015,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
15.
Approve
all
rules
prior
to
their
35
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_____
H.F.
_____
adoption
by
the
director
pursuant
to
section
307.12,
subsection
1
1,
paragraph
“j”
.
2
Sec.
21.
NEW
SECTION
.
307A.3
Conflict
of
interest.
3
A
person
shall
not
serve
as
a
member
of
the
commission
if
4
the
person
has
an
interest
in
a
contract
or
job
of
work
or
5
material
or
the
profits
thereof
or
service
to
be
performed
6
for
the
department.
Any
member
of
the
commission
who
accepts
7
employment
with
or
acquires
any
stock,
bonds,
or
other
8
interest
in
any
company
or
corporation
doing
business
with
the
9
department
shall
be
disqualified
from
remaining
a
member
of
the
10
commission.
11
Sec.
22.
NEW
SECTION
.
307A.4
Vacancies
on
commission.
12
Any
vacancy
in
the
membership
of
the
commission
shall
13
be
filled
in
the
same
manner
as
regular
appointments
are
14
made
for
the
unexpired
portion
of
the
regular
term.
In
the
15
event
the
governor
fails
to
make
an
appointment
to
fill
a
16
vacancy
or
fails
to
submit
the
appointment
to
the
senate
for
17
confirmation
as
required
by
section
2.32,
the
senate
may
make
18
the
appointment
prior
to
adjournment
of
the
general
assembly.
19
Sec.
23.
NEW
SECTION
.
307A.5
Compensation
——
commission
20
members.
21
Each
member
of
the
commission
shall
be
compensated
as
22
provided
in
section
7E.6.
23
Sec.
24.
NEW
SECTION
.
307A.6
Commission
meetings.
24
The
commission
shall
meet
at
the
call
of
the
chairperson
or
25
when
any
four
members
of
the
commission
file
a
written
request
26
with
the
chairperson
for
a
meeting.
Written
notice
of
the
27
time
and
place
of
each
meeting
shall
be
given
to
each
member
28
of
the
commission.
A
majority
of
the
commission
members
shall
29
constitute
a
quorum.
30
Sec.
25.
NEW
SECTION
.
307A.7
Expenses.
31
Members
of
the
commission
shall
be
allowed
their
actual
and
32
necessary
expenses
incurred
in
the
performance
of
their
duties.
33
All
expenses
and
salaries
shall
be
paid
from
appropriations
for
34
such
purposes
and
the
commission
shall
be
subject
to
the
budget
35
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(7)
86
ns/nh
14/
43
S.F.
_____
H.F.
_____
requirements
of
chapter
8.
1
Sec.
26.
NEW
SECTION
.
307A.8
Removal
from
office.
2
Any
member
of
the
commission
may
be
removed
for
any
of
3
the
causes
and
in
the
manner
provided
in
chapter
66
and
such
4
removal
shall
not
be
in
lieu
of
any
other
punishment
that
may
5
be
prescribed
by
the
laws
of
this
state.
6
CONFORMING
AMENDMENTS
7
Sec.
27.
Section
173.16,
unnumbered
paragraph
1,
Code
2015,
8
is
amended
to
read
as
follows:
9
All
expenses
incurred
in
maintaining
the
state
fairgrounds
10
and
in
conducting
the
annual
fair
on
it
the
state
fairgrounds
,
11
including
the
compensation
and
expenses
of
the
officers,
12
members,
and
employees
of
the
board,
shall
be
recorded
by
the
13
secretary
and
paid
from
the
state
fair
receipts,
unless
a
14
specific
appropriation
has
been
provided
for
that
purpose.
The
15
board
may
request
special
capital
improvement
appropriations
16
from
the
state
and
may
request
emergency
funding
from
the
17
executive
council
for
natural
disasters.
The
board
may
request
18
that
the
department
of
transportation
provide
maintenance
in
19
accordance
with
section
307A.2
307.24
,
subsection
11
5
.
20
Sec.
28.
Section
312.2,
subsection
2,
unnumbered
paragraph
21
1,
Code
2015,
is
amended
to
read
as
follows:
22
The
treasurer
of
state
shall
before
making
the
allotments
23
in
subsection
1
credit
annually
to
the
highway
grade
crossing
24
safety
fund
the
sum
of
seven
hundred
thousand
dollars,
credit
25
annually
from
the
road
use
tax
fund
the
sum
of
nine
hundred
26
thousand
dollars
to
the
highway
railroad
grade
crossing
surface
27
repair
fund,
credit
monthly
to
the
primary
road
fund
the
28
dollars
yielded
from
an
allotment
of
sixty-five
hundredths
of
29
one
percent
of
all
road
use
tax
funds
for
the
express
purpose
30
of
carrying
out
section
307A.2
307.24
,
subsection
11
5
,
section
31
313.4,
subsection
2
,
and
section
307.45
,
and
credit
annually
32
to
the
primary
road
fund
the
sum
of
five
hundred
thousand
33
dollars
to
be
used
for
paying
expenses
incurred
by
the
state
34
department
of
transportation
other
than
expenses
incurred
for
35
-15-
LSB
1339DP
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86
ns/nh
15/
43
S.F.
_____
H.F.
_____
extensions
of
primary
roads
in
cities.
All
unobligated
funds
1
provided
by
this
subsection
,
except
those
funds
credited
to
the
2
highway
grade
crossing
safety
fund,
shall
at
the
end
of
each
3
year
revert
to
the
road
use
tax
fund.
Funds
in
the
highway
4
grade
crossing
safety
fund
shall
not
revert
to
the
road
use
tax
5
fund
except
to
the
extent
they
exceed
five
hundred
thousand
6
dollars
at
the
end
of
any
biennium.
The
cost
of
each
highway
7
railroad
grade
crossing
repair
project
shall
be
allocated
in
8
the
following
manner:
9
Sec.
29.
Section
312.4,
subsection
5,
Code
2015,
is
amended
10
to
read
as
follows:
11
5.
The
amount
of
the
road
use
tax
fund
which
has
been
12
credited
to
carry
out
the
provisions
of
section
307A.2
307.24
,
13
subsection
11
5
,
section
313.4,
subsection
2
,
and
section
14
307.45
.
15
Sec.
30.
Section
313.4,
subsection
2,
Code
2015,
is
amended
16
to
read
as
follows:
17
2.
Such
fund
is
also
appropriated
and
shall
be
used
for
the
18
construction,
reconstruction,
improvement
and
maintenance
of
19
state
institutional
roads
and
state
park
roads
and
bridges
on
20
such
roads
and
roads
and
bridges
on
community
college
property
21
as
provided
in
section
307A.2
307.24
,
subsection
11
5
,
for
22
restoration
of
secondary
roads
used
as
primary
road
detours
and
23
for
compensation
of
counties
for
such
use,
for
restoration
of
24
municipal
streets
so
used
and
for
compensation
of
cities
for
25
such
use,
and
for
the
payments
required
in
section
307.45
.
26
DIVISION
III
27
MOTOR
VEHICLES
28
Sec.
31.
Section
321.19,
subsection
1,
unnumbered
paragraph
29
2,
Code
2015,
is
amended
to
read
as
follows:
30
The
department
shall
furnish,
on
application,
free
of
31
charge,
distinguishing
plates
for
vehicles
thus
exempted,
32
which
plates
except
plates
on
state
patrol
vehicles
shall
bear
33
the
word
“official”
and
the
department
shall
keep
a
separate
34
record.
Registration
plates
issued
for
state
patrol
vehicles,
35
-16-
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1339DP
(7)
86
ns/nh
16/
43
S.F.
_____
H.F.
_____
except
unmarked
patrol
vehicles,
shall
bear
two
red
stars
1
on
a
yellow
background,
one
before
and
one
following
the
2
registration
number
on
the
plate,
which
registration
number
3
shall
be
the
officer’s
badge
number.
Registration
plates
4
issued
for
county
sheriff’s
patrol
vehicles
shall
display
one
5
seven-pointed
gold
star
followed
by
the
letter
“S”
and
the
call
6
number
of
the
vehicle.
However,
the
director
of
the
department
7
of
administrative
services
or
the
director
of
transportation
8
may
order
the
issuance
of
regular
registration
plates
for
9
any
exempted
vehicle
used
by
peace
officers
or
federal
law
10
enforcement
officers
in
the
enforcement
of
the
law,
persons
11
enforcing
chapter
124
and
other
laws
relating
to
controlled
12
substances,
persons
in
the
department
of
justice,
the
alcoholic
13
beverages
division
of
the
department
of
commerce,
disease
14
investigators
of
the
Iowa
department
of
public
health,
the
15
department
of
inspections
and
appeals,
and
the
department
of
16
revenue,
who
are
regularly
assigned
to
conduct
investigations
17
which
cannot
reasonably
be
conducted
with
a
vehicle
displaying
18
“official”
state
registration
plates,
persons
who
are
19
federal
agents
or
officers
regularly
assigned
to
conduct
20
investigations
which
cannot
reasonably
be
conducted
with
a
21
vehicle
displaying
“official”
registration
plates,
persons
in
22
the
Iowa
lottery
authority
whose
regularly
assigned
duties
23
relating
to
security
or
the
carrying
of
lottery
tickets
cannot
24
reasonably
be
conducted
with
a
vehicle
displaying
“official”
25
registration
plates,
persons
in
the
economic
development
26
authority
who
are
regularly
assigned
duties
relating
to
27
existing
industry
expansion
or
business
attraction,
and
mental
28
health
professionals
or
health
care
professionals
who
provide
29
off-site
or
in-home
medical
or
mental
health
services
to
30
clients
of
publicly
funded
programs.
For
purposes
of
sale
of
31
exempted
vehicles,
the
exempted
governmental
body,
upon
the
32
sale
of
the
exempted
vehicle,
may
issue
for
in-transit
purposes
33
a
pasteboard
card
bearing
the
words
“Vehicle
in
Transit”,
the
34
name
of
the
official
body
from
which
the
vehicle
was
purchased,
35
-17-
LSB
1339DP
(7)
86
ns/nh
17/
43
S.F.
_____
H.F.
_____
together
with
the
date
of
the
purchase
plainly
marked
in
at
1
least
one-inch
letters,
and
other
information
required
by
the
2
department.
The
in-transit
card
is
valid
for
use
only
within
3
forty-eight
hours
after
the
purchase
date
as
indicated
on
the
4
bill
of
sale
which
shall
be
carried
by
the
driver.
5
Sec.
32.
Section
321.189,
subsection
6,
Code
2015,
is
6
amended
to
read
as
follows:
7
6.
Licenses
issued
to
persons
under
age
twenty-one.
A
8
driver’s
license
issued
to
a
person
under
eighteen
years
of
9
age
shall
contain
the
same
information
as
any
other
driver’s
10
license
except
that
the
words
“under
eighteen”
shall
appear
11
prominently
on
the
face
of
the
license.
A
driver’s
license
12
issued
to
a
person
eighteen
years
of
age
or
older
but
less
than
13
twenty-one
years
of
age
shall
contain
the
same
information
14
as
any
other
driver’s
license
except
that
the
words
“under
15
twenty-one”
shall
appear
prominently
on
the
face
of
the
16
license.
Upon
attaining
the
age
of
eighteen
or
upon
attaining
17
the
age
of
twenty-one,
and
upon
payment
of
a
one
ten
dollar
18
fee,
the
person
shall
be
entitled
to
a
new
driver’s
license
19
or
nonoperator’s
identification
card
for
the
unexpired
months
20
of
the
driver’s
license
or
card.
An
instruction
permit
or
21
intermediate
license
issued
under
section
321.180B,
subsection
22
1
or
2,
shall
include
a
distinctive
color
bar.
An
intermediate
23
license
issued
under
section
321.180B,
subsection
2
,
shall
24
include
the
words
“intermediate
license”
printed
prominently
on
25
the
face
of
the
license.
26
Sec.
33.
Section
321.215,
Code
2015,
is
amended
by
adding
27
the
following
new
subsection:
28
NEW
SUBSECTION
.
5.
Notwithstanding
any
provision
of
29
this
chapter
to
the
contrary,
the
department
may
issue
a
30
temporary
restricted
license
to
a
person
eligible
for
a
31
temporary
restricted
license
under
this
section
if
the
person
32
is
also
eligible
for
a
temporary
restricted
license
under
33
section
321J.20,
provided
the
requirements
of
each
section
are
34
satisfied.
35
-18-
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1339DP
(7)
86
ns/nh
18/
43
S.F.
_____
H.F.
_____
Sec.
34.
Section
321J.20,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9.
Notwithstanding
any
provision
of
3
this
chapter
to
the
contrary,
the
department
may
issue
a
4
temporary
restricted
license
to
a
person
eligible
for
a
5
temporary
restricted
license
under
this
section
if
the
person
6
is
also
eligible
for
a
temporary
restricted
license
under
7
section
321.215,
provided
the
requirements
of
each
section
are
8
satisfied.
9
Sec.
35.
Section
326.14,
subsection
3,
Code
2015,
is
amended
10
to
read
as
follows:
11
3.
An
application
for
renewal
of
registration
shall
12
be
postmarked
or
received
in
the
office
of
motor
carrier
13
services
of
the
department
no
later
than
the
last
day
of
the
14
registration
expiration
month.
A
five
percent
late
filing
15
penalty
equal
to
five
percent
of
the
fees
due
to
the
state
of
16
Iowa
shall
be
assessed
to
an
application
for
renewal
postmarked
17
or
received
on
or
after
the
first
day
following
the
last
day
18
of
the
registration
expiration
month,
with
an
additional
five
19
percent
penalty
assessed
the
first
of
each
month
thereafter
20
until
the
application
is
filed.
The
enforcement
deadline
21
for
failure
to
display
a
registration
plate
and
registration
22
is
12:01
a.m.
of
the
first
day
following
the
last
day
of
the
23
registration
expiration
month.
24
Sec.
36.
Section
326.16,
subsections
2
and
3,
Code
2015,
are
25
amended
to
read
as
follows:
26
2.
A
five
percent
late
payment
penalty
equal
to
five
percent
27
of
the
fees
due
to
the
state
of
Iowa
shall
be
assessed
if
an
28
invoice
is
not
paid
within
thirty
days
of
the
invoice
date,
29
with
an
additional
five
percent
penalty
assessed
the
first
of
30
each
month
thereafter
until
all
fees
and
penalties
are
paid.
31
In
addition,
the
fees
due
for
registration
in
this
state
shall
32
be
a
debt
due
to
the
state
of
Iowa.
33
3.
Failure
to
receive
a
renewal
notice
or
an
invoice
by
34
mail,
facsimile
transmission,
or
any
other
means
of
delivery
35
-19-
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1339DP
(7)
86
ns/nh
19/
43
S.F.
_____
H.F.
_____
does
not
relieve
the
registrant
of
the
financial
responsibility
1
for
the
renewal
fees,
invoiced
amount,
or
accrued
penalties.
2
Late
penalties
calculated
by
the
department
in
accordance
with
3
this
chapter
shall
remain
due
to
the
state
of
Iowa
until
the
4
fees
and
penalties
are
received.
5
Sec.
37.
EFFECTIVE
DATE.
The
following
provisions
of
this
6
division
of
this
Act
take
effect
January
1,
2016:
7
1.
The
section
of
this
Act
amending
section
326.14.
8
2.
The
section
of
this
Act
amending
section
326.16.
9
DIVISION
IV
10
RAIL
TRANSPORTATION
11
Sec.
38.
Section
327G.25,
Code
2015,
is
amended
to
read
as
12
follows:
13
327G.25
Closing
of
crossing
for
repair
or
upgrade.
14
A
railway
corporation
shall
not
close
a
railway
crossing
15
to
the
traveling
public
for
more
than
thirty
days
for
the
16
purpose
of
repairing
or
upgrading
the
crossing.
The
railway
17
corporation
shall
give
notice
of
the
location
and
expected
18
duration
of
the
closing
to
the
highway
authority
responsible
19
for
the
affected
highway,
road,
street,
or
alley.
The
railway
20
corporation
shall
give
notice
to
the
highway
authority
a
21
reasonable
amount
of
time
before
the
date
of
the
closing
for
22
all
expected
repairs
and
upgrades,
and
as
soon
as
practicable
23
for
all
unexpected
repairs
and
upgrades.
A
railway
corporation
24
violating
this
section
shall,
upon
conviction,
be
subject
to
a
25
schedule
“one”
penalty.
26
Sec.
39.
Section
327G.69,
Code
2015,
is
amended
to
read
as
27
follows:
28
327G.69
Connections
with
original
spurs.
29
Whenever
such
spur
track
is
so
connected
with
the
main
line,
30
as
provided
in
this
chapter
,
at
the
expense
of
the
owner
of
31
such
proposed
or
existing
mill,
elevator,
storehouse,
dock,
32
wharf,
pier,
manufacturing
establishment,
and
any
person,
33
firm,
corporation,
or
association
shall
desire
a
connection
34
with
such
spur
track,
the
parties
may
enter
into
an
agreement
35
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1339DP
(7)
86
ns/nh
20/
43
S.F.
_____
H.F.
_____
to
establish
such
a
connection.
If
the
parties
are
unable
1
to
enter
into
an
agreement,
application
therefor
shall
be
2
made
to
the
department,
and
such
person,
firm,
corporation,
3
or
association
shall
be
required
to
pay
to
the
person,
4
firm,
corporation,
or
association
that
shall
have
paid
or
5
contributed
to
the
primary
cost
and
expense
of
acquiring
the
6
right-of-way
for
such
original
spur
track,
and
of
constructing
7
the
same,
an
equitable
proportion
thereof,
to
be
determined
8
by
the
department,
upon
such
application
and
notice,
to
the
9
persons,
firms,
corporations,
or
associations
that
have
paid
or
10
contributed
toward
the
original
cost
and
expense
of
acquiring
11
the
right-of-way
and
constructing
the
same.
12
Sec.
40.
REPEAL.
Sections
327F.14,
327F.18,
327F.19,
13
327F.20,
327F.26,
327F.34,
327F.35,
327G.13,
327G.14,
327G.22,
14
327G.23,
327G.28,
and
327H.25,
Code
2015,
are
repealed.
15
DIVISION
V
16
COMMERCIAL
LEARNER’S
PERMITS
17
Sec.
41.
Section
321.1,
subsections
11
and
20A,
Code
2015,
18
are
amended
to
read
as
follows:
19
11.
For
purposes
of
administering
and
enforcing
the
20
commercial
driver’s
license
provisions:
21
a.
“Commercial
driver”
means
the
operator
of
a
commercial
22
motor
vehicle.
23
b.
“Commercial
driver’s
license”
means
a
driver’s
license
24
valid
for
the
operation
of
a
commercial
motor
vehicle
25
commercial
driver’s
license
as
defined
in
49
C.F.R.
§383.5
.
26
c.
“Commercial
driver’s
license
information
system”
means
27
the
national
information
system
established
to
serve
as
a
28
clearinghouse
for
locating
information
related
to
the
licensing
29
and
identification
of
commercial
motor
vehicle
drivers.
30
d.
“Commercial
learner’s
permit”
means
commercial
learner’s
31
permit
as
defined
in
49
C.F.R.
§383.5.
32
d.
e.
“Commercial
motor
carrier”
means
a
person
responsible
33
for
the
safe
operation
of
a
commercial
motor
vehicle.
34
e.
f.
“Commercial
motor
vehicle”
means
a
motor
vehicle
35
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_____
H.F.
_____
or
combination
of
vehicles
used
to
transport
passengers
or
1
property
if
any
of
the
following
apply:
2
(1)
The
combination
of
vehicles
has
a
gross
combination
3
weight
rating
or
gross
combination
weight,
whichever
is
4
greater,
of
twenty-six
thousand
one
or
more
pounds
provided
5
the
,
including
a
towed
vehicle
or
vehicles
have
having
a
gross
6
weight
rating
or
gross
combination
vehicle
weight
rating
,
7
whichever
is
greater,
of
ten
thousand
one
or
more
pounds.
8
(2)
The
motor
vehicle
has
a
gross
vehicle
weight
rating
9
or
gross
vehicle
weight,
whichever
is
greater,
of
twenty-six
10
thousand
one
or
more
pounds.
11
(3)
The
motor
vehicle
is
designed
to
transport
sixteen
12
or
more
persons,
including
the
operator,
or
is
of
a
size
and
13
design
to
transport
sixteen
or
more
persons,
including
the
14
operator,
but
is
redesigned
or
modified
to
transport
less
than
15
sixteen
persons
with
disabilities.
16
(4)
The
motor
vehicle
is
used
in
the
transportation
of
17
hazardous
material
of
a
type
or
quantity
requiring
vehicle
18
placarding.
19
f.
g.
“Employer”
means
any
person,
including
the
United
20
States,
a
state,
the
District
of
Columbia,
or
a
political
21
subdivision
of
a
state,
who
owns
or
leases
a
commercial
motor
22
vehicle
or
assigns
an
employee
to
operate
such
a
vehicle.
23
g.
h.
“Foreign
jurisdiction”
means
a
jurisdiction
outside
24
the
fifty
United
States
,
and
the
District
of
Columbia
,
and
25
Canada
.
26
h.
i.
“Nonresident
commercial
driver’s
license”
means
a
27
commercial
driver’s
license
issued
to
a
person
who
is
not
28
a
resident
of
the
United
States
or
Canada
domiciled
in
a
29
foreign
jurisdiction
meeting
the
requirements
of
49
C.F.R.
30
§383.23(b)(1),
or
to
a
person
domiciled
in
another
state
31
meeting
the
requirements
of
49
C.F.R.
§383.23(b)(2)
.
32
j.
“Nonresident
commercial
learner’s
permit”
means
a
33
commercial
learner’s
permit
issued
to
a
person
domiciled
in
34
a
foreign
jurisdiction
meeting
the
requirements
of
49
C.F.R.
35
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_____
§383.23(b)(1),
or
to
a
person
domiciled
in
another
state
1
meeting
the
requirements
of
49
C.F.R.
§383.23(b)(2).
2
i.
k.
“Tank
vehicle”
means
a
commercial
motor
vehicle
3
that
is
designed
to
transport
any
liquid
or
gaseous
materials
4
within
a
tank
or
tanks
having
an
individual
rated
capacity
5
of
more
than
one
hundred
nineteen
gallons
and
an
aggregate
6
rated
capacity
of
one
thousand
gallons
or
more
that
is
either
7
permanently
or
temporarily
attached
to
the
vehicle
or
chassis.
8
For
purposes
of
this
paragraph,
“tank”
does
not
include
a
9
portable
tank
with
a
rated
capacity
of
less
than
one
thousand
10
gallons
or
a
permanent
tank
with
a
rated
capacity
of
one
11
hundred
nineteen
gallons
or
less.
A
commercial
motor
vehicle
12
transporting
an
empty
storage
container
tank
not
designed
for
13
transportation
with
a
rated
capacity
of
one
thousand
gallons
14
or
more
that
is
temporarily
attached
to
a
flatbed
trailer
is
15
not
considered
a
tank
vehicle.
16
20A.
“Driver’s
license”
means
any
license
or
permit
issued
17
to
a
person
to
operate
a
motor
vehicle
on
the
highways
of
this
18
state,
including
but
not
limited
to
a
temporary
restricted
or
19
temporary
license
and
an
instruction,
chauffeur’s
instruction,
20
commercial
driver’s
instruction
learner’s
permit
,
or
temporary
21
permit.
For
purposes
of
license
suspension,
revocation,
bar,
22
disqualification,
cancellation,
or
denial
under
this
chapter
23
and
chapters
321A
,
321C
,
and
321J
,
“driver’s
license”
includes
24
any
privilege
to
operate
a
motor
vehicle.
25
Sec.
42.
Section
321.12,
subsection
2,
Code
2015,
is
amended
26
to
read
as
follows:
27
2.
Operating
records
relating
to
a
person
who
has
been
28
issued
a
commercial
driver’s
license
or
commercial
learner’s
29
permit
shall
be
maintained
on
file
in
accordance
with
rules
30
adopted
by
the
department.
31
Sec.
43.
Section
321.56,
subsection
3,
Code
2015,
is
amended
32
to
read
as
follows:
33
3.
For
purposes
of
this
section
,
“commercial
motor
vehicle”
34
means
as
defined
in
section
321.1,
subsection
11
,
paragraph
“e”
35
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_____
H.F.
_____
“f”
,
subparagraph
(2).
1
Sec.
44.
Section
321.174,
subsections
2
and
3,
Code
2015,
2
are
amended
to
read
as
follows:
3
2.
a.
A
person
operating
a
commercial
motor
vehicle
shall
4
not
have
more
than
one
driver’s
license.
A
nonresident
may
5
operate
a
commercial
motor
vehicle
in
Iowa
if
the
nonresident
6
has
been
issued
a
license
by
another
state,
a
nonresident
7
commercial
driver’s
license
or
nonresident
commercial
learner’s
8
permit
,
or
a
driver’s
license
issued
by
a
foreign
jurisdiction
9
which
the
federal
highway
administration
has
determined
to
be
10
issued
in
conformity
with
the
federal
commercial
driver
testing
11
and
licensing
standards,
if
the
license,
commercial
driver’s
12
license,
commercial
learner’s
permit,
or
driver’s
license
is
13
valid
for
the
vehicle
operated.
14
b.
A
person
who
operates
a
commercial
motor
vehicle
upon
the
15
highways
of
this
state
without
having
been
issued
a
driver’s
16
license
valid
for
the
vehicle
operated
commits
a
simple
17
misdemeanor.
18
c.
A
person
who
operates
a
commercial
motor
vehicle
upon
the
19
highways
of
this
state
after
the
person’s
commercial
driver’s
20
license
or
commercial
learner’s
permit
has
been
downgraded
to
21
a
noncommercial
status
pursuant
to
section
321.207
commits
a
22
simple
misdemeanor.
23
3.
A
licensee
shall
have
the
licensee’s
driver’s
license
24
in
immediate
possession
at
all
times
when
operating
a
motor
25
vehicle
and
shall
display
the
same
upon
demand
of
a
judicial
26
magistrate,
district
associate
judge,
district
judge,
peace
27
officer,
or
examiner
of
the
department.
If
the
licensee
has
28
been
issued
a
commercial
learner’s
permit,
the
licensee’s
29
driver’s
license
includes
both
the
licensee’s
commercial
30
learner’s
permit
and
the
licensee’s
underlying
commercial
or
31
noncommercial
driver’s
license.
However,
a
person
charged
32
with
violating
this
subsection
shall
not
be
convicted
and
the
33
citation
shall
be
dismissed
by
the
court
if
the
person
produces
34
to
the
clerk
of
the
district
court,
prior
to
the
licensee’s
35
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_____
court
date
indicated
on
the
citation,
a
driver’s
license
issued
1
to
that
person
and
valid
for
the
vehicle
operated
at
the
time
2
of
the
person’s
arrest
or
at
the
time
the
person
was
charged
3
with
a
violation
of
this
section
.
Upon
dismissal,
the
court
or
4
clerk
of
court
shall
assess
the
costs
of
the
action
against
the
5
defendant
named
on
the
citation.
6
Sec.
45.
Section
321.177,
subsection
8,
Code
2015,
is
7
amended
to
read
as
follows:
8
8.
To
any
person
to
operate
a
commercial
motor
vehicle
9
unless
the
person
is
eighteen
years
of
age
or
older
and
the
10
person
qualifies
under
federal
and
state
law
to
be
issued
a
11
commercial
driver’s
license
or
commercial
learner’s
permit
in
12
this
state.
13
Sec.
46.
Section
321.180,
subsection
2,
Code
2015,
is
14
amended
by
striking
the
subsection
and
inserting
in
lieu
15
thereof
the
following:
16
2.
a.
The
department
shall
adopt
rules
to
administer
17
commercial
learner’s
permits
in
compliance
with
the
procedures
18
set
forth
in
49
C.F.R.
§383.73.
An
applicant
for
a
commercial
19
learner’s
permit
must
hold
a
valid
class
A,
B,
C,
or
D
driver’s
20
license
issued
in
this
state,
must
be
at
least
eighteen
years
21
of
age,
and
must
meet
the
qualifications
to
obtain
a
valid
22
commercial
driver’s
license,
including
the
requirements
set
23
forth
in
section
321.188,
except
for
the
required
driving
24
skills
test.
25
b.
A
commercial
learner’s
permit
shall
be
a
separate
26
document
from
a
commercial
or
noncommercial
driver’s
license.
27
A
person
operating
a
vehicle
pursuant
to
a
commercial
learner’s
28
permit
shall
have
both
the
commercial
learner’s
permit
and
the
29
commercial
or
noncommercial
driver’s
license
issued
to
the
30
person
within
the
person’s
possession.
31
c.
A
commercial
learner’s
permit
shall
be
valid
for
a
period
32
not
to
exceed
one
hundred
eighty
days.
A
commercial
learner’s
33
permit
may
be
renewed
for
an
additional
one
hundred
eighty
days
34
without
retaking
the
general
and
endorsement
knowledge
tests
35
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H.F.
_____
required
by
section
321.188.
1
d.
A
commercial
learner’s
permit
shall
be
valid
for
the
2
operation
of
a
commercial
motor
vehicle
only
when
the
permit
3
holder
is
accompanied
by
a
holder
of
a
valid
commercial
4
driver’s
license
with
the
proper
commercial
driver’s
license
5
group
designation
and
endorsements
necessary
to
operate
the
6
commercial
motor
vehicle,
and
who
is
at
all
times
physically
7
present
in
the
front
passenger
seat
of
the
vehicle,
or
in
the
8
case
of
a
passenger
vehicle,
directly
behind
or
in
the
first
9
row
behind
the
permit
holder
in
a
position
to
directly
observe
10
and
supervise
the
permit
holder.
11
(1)
When
a
commercial
learner’s
permit
is
issued
to
the
12
holder
of
a
commercial
driver’s
license,
this
paragraph
“d”
13
only
applies
to
the
operation
of
a
commercial
motor
vehicle
for
14
which
the
permit
holder’s
commercial
driver’s
license
is
not
15
valid.
16
(2)
When
a
commercial
learner’s
permit
is
issued
to
the
17
holder
of
a
noncommercial
driver’s
license,
this
paragraph
“d”
18
only
applies
to
the
operation
of
a
commercial
motor
vehicle.
19
e.
The
issuance
of
a
commercial
learner’s
permit
is
a
20
precondition
to
the
initial
issuance
of
a
commercial
driver’s
21
license.
The
issuance
of
a
commercial
learner’s
permit
is
also
22
a
precondition
to
the
upgrade
of
a
commercial
driver’s
license
23
if
the
upgrade
requires
a
driving
skills
test.
The
holder
of
a
24
commercial
learner’s
permit
is
not
eligible
to
take
a
driving
25
skills
test
required
by
section
321.188
for
the
first
fourteen
26
days
after
the
permit
holder
is
issued
the
permit.
27
f.
A
commercial
learner’s
permit
is
not
valid
for
the
28
operation
of
a
vehicle
transporting
hazardous
materials
as
29
defined
in
49
C.F.R.
§383.5.
30
Sec.
47.
Section
321.180,
subsection
4,
Code
2015,
is
31
amended
to
read
as
follows:
32
4.
The
instruction
permit,
chauffeur’s
instruction
permit,
33
and
commercial
driver’s
instruction
learner’s
permit
are
34
subject
to
suspension
or
revocation
for
the
same
reasons
and
35
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_____
H.F.
_____
in
the
same
manner
as
suspension
or
revocation
of
a
driver’s
1
license.
2
Sec.
48.
Section
321.182,
subsection
3,
Code
2015,
is
3
amended
to
read
as
follows:
4
3.
Certify
that
the
applicant
has
no
other
driver’s
license
5
and
certify
that
the
applicant
is
a
resident
of
this
state
6
as
provided
in
section
321.1A
.
However,
certification
of
7
residency
is
not
required
for
an
applicant
for
a
nonresident
8
commercial
driver’s
license
who
is
a
foreign
national
9
temporarily
present
in
this
state,
as
determined
by
the
10
department
or
nonresident
commercial
learner’s
permit
.
11
Sec.
49.
Section
321.188,
subsections
1
and
6,
Code
2015,
12
are
amended
to
read
as
follows:
13
1.
The
department
shall
adopt
rules
to
administer
14
commercial
driver’s
licenses
in
compliance
with
the
procedures
15
set
forth
in
49
C.F.R.
§383.73.
Before
the
department
issues,
16
renews,
or
upgrades
a
commercial
driver’s
license
and
in
17
addition
to
the
requirements
of
section
321.182
,
the
license
18
applicant
shall
do
all
of
the
following:
19
a.
Certify
whether
the
applicant
is
subject
to
and
meets
20
applicable
driver
qualifications
of
49
C.F.R.
pt.
391
as
21
adopted
by
rule
by
the
department.
22
b.
Certify
the
applicant
is
not
subject
to
any
commercial
23
driver’s
license
disqualification
and
has
committed
no
24
offense
and
has
not
acted
in
a
manner
which
either
alone
or
25
with
previous
actions
or
offenses
could
result
in
commercial
26
driver’s
license
disqualification.
27
c.
Successfully
pass
knowledge
tests
and
driving
skills
28
tests,
provide
self-certification
of
type
of
driving,
and
29
provide
a
medical
examiner’s
certificate
prepared
by
a
medical
30
examiner,
as
defined
in
49
C.F.R.
§390.5,
and
provide
all
other
31
required
information,
proofs,
and
certificates,
as
required
by
32
rule
by
the
department.
The
rules
adopted
shall
substantially
33
comply
with
the
federal
minimum
testing
and
licensing
34
requirements
in
49
C.F.R.
pt.
383,
subpts.
E,
G,
and
H,
as
35
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_____
H.F.
_____
adopted
by
rule
by
the
department.
Except
as
required
under
1
49
C.F.R.
pt.
383,
subpt.
E,
G,
or
H,
a
commercial
driver’s
2
license
is
renewable
without
a
driving
skills
test
within
one
3
year
after
its
expiration
date.
4
d.
Certify
the
vehicle
to
be
operated
in
the
driving
skills
5
tests
represents
the
largest
class
of
vehicle
is
representative
6
of
the
class
of
motor
vehicle
the
applicant
will
operate
on
the
7
highway.
8
e.
Certify
that
the
applicant
is
a
resident
of
Iowa
or
a
9
resident
of
a
foreign
jurisdiction.
10
f.
Identify
all
states
where
the
applicant
has
been
licensed
11
to
drive
any
type
of
motor
vehicle
during
the
previous
ten
12
years.
13
6.
a.
The
department
may
waive
the
requirement
that
an
14
applicant
pass
a
driving
skills
test
specified
in
this
section
15
for
an
applicant
who
is
on
active
duty
in
the
military
service,
16
or
who
has
separated
from
such
service
in
the
last
ninety
17
days
past
year
,
who
certifies
that
during
the
two-year
period
18
immediately
preceding
application
for
a
commercial
driver’s
19
license,
all
of
the
following
apply:
20
(1)
The
applicant
has
not
had
more
than
one
driver’s
21
license,
other
than
a
military
license.
22
(2)
The
applicant
has
not
had
any
driver’s
license
23
suspended,
revoked,
or
canceled.
24
(3)
The
applicant
has
not
been
convicted
of
an
offense
25
committed
while
operating
any
type
of
motor
vehicle
that
is
26
listed
as
a
disqualifying
offense
in
49
C.F.R.
§383.51(b).
27
(4)
The
applicant
has
not
had
more
than
one
conviction
for
28
an
offense
committed
while
operating
any
type
of
motor
vehicle
29
that
is
listed
as
a
serious
traffic
violation
in
49
C.F.R.
30
§383.51(c).
31
(5)
The
applicant
has
not
had
a
conviction
for
a
violation
32
of
a
military,
state
,
or
local
law
relating
to
motor
vehicle
33
traffic
control,
other
than
a
parking
violation,
arising
in
34
connection
with
any
traffic
accident
and
has
no
record
of
a
35
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_____
H.F.
_____
traffic
accident
in
which
the
applicant
was
at
fault.
1
b.
An
applicant
for
a
waiver
of
the
driving
skills
test
2
under
this
subsection
shall
certify
and
provide
evidence
as
3
required
by
the
department
that
the
following
apply:
4
(1)
The
applicant
is
regularly
employed
or
was
regularly
5
employed
within
the
last
ninety
days
past
year
in
a
military
6
position
requiring
operation
of
a
commercial
motor
vehicle.
7
(2)
The
applicant
was
exempt
from
commercial
driver
8
licensing
requirements
pursuant
to
section
321.176A,
subsection
9
3
,
or
a
comparable
law
of
another
state
implementing
49
C.F.R.
10
§383.3(c).
11
(3)
The
applicant
was
operating
a
motor
vehicle
12
representative
of
the
class
of
motor
vehicle
the
applicant
13
operates
or
expects
to
operate
for
at
least
two
years
14
immediately
preceding
honorable
separation
from
military
15
service
as
evidenced
by
the
person’s
certificate
of
release
or
16
discharge
from
active
duty,
commonly
referred
to
as
a
DD214.
17
c.
An
applicant
who
obtains
a
driving
skills
test
waiver
18
under
this
subsection
shall
take
and
successfully
pass
the
19
knowledge
test
required
pursuant
to
subsection
1
.
20
Sec.
50.
Section
321.189,
subsection
2,
paragraph
b,
Code
21
2015,
is
amended
to
read
as
follows:
22
b.
A
commercial
driver’s
license
shall
include
the
23
licensee’s
address
as
required
under
federal
regulations,
and
24
the
words
“commercial
driver’s
license”
or
“CDL”
shall
appear
25
prominently
on
the
face
of
the
license.
A
commercial
learner’s
26
permit
shall
include
the
permit
holder’s
address
as
required
27
under
federal
regulations,
and
the
words
“commercial
learner’s
28
permit”
or
“CLP”
with
a
statement
that
the
permit
is
invalid
29
unless
accompanied
by
the
permit
holder’s
underlying
driver’s
30
license
shall
appear
prominently
on
the
face
of
the
permit.
If
31
the
applicant
is
a
nonresident,
the
license
must
conspicuously
32
display
the
word
“nonresident”
“nondomiciled”
.
33
Sec.
51.
Section
321.191,
subsections
1,
4,
7,
and
9,
Code
34
2015,
are
amended
to
read
as
follows:
35
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_____
H.F.
_____
1.
Instruction
permits.
The
fee
for
an
instruction
1
permit,
other
than
a
special
instruction
permit,
chauffeur’s
2
instruction
permit,
or
commercial
driver’s
instruction
3
learner’s
permit,
is
six
dollars.
The
fee
for
a
special
4
instruction
permit
is
ten
dollars.
The
fee
for
a
chauffeur’s
5
instruction
permit
or
commercial
driver’s
instruction
learner’s
6
permit
is
twelve
dollars.
7
4.
Commercial
driver’s
licenses.
The
fee
for
a
commercial
8
driver’s
license,
other
than
an
instruction
a
commercial
9
learner’s
permit,
for
the
operation
of
a
commercial
motor
10
vehicle
is
eight
dollars
per
year
of
license
validity.
11
7.
Endorsements
and
removal
of
air
brake
restrictions.
The
12
fee
for
a
double/triple
trailer
endorsement,
tank
vehicle
13
endorsement,
and
or
hazardous
materials
endorsement
is
14
five
dollars
for
each
endorsement.
The
fee
for
a
passenger
15
endorsement
or
a
school
bus
endorsement
is
ten
dollars.
The
16
fee
for
removal
of
an
air
brake
,
full
air
brake,
manual
17
transmission,
tractor-trailer,
or
passenger
vehicle
restriction
18
on
a
commercial
driver’s
license
or
commercial
learner’s
19
permit
is
ten
dollars.
Fees
imposed
under
this
subsection
20
for
endorsements
or
removal
of
restrictions
are
valid
for
the
21
period
of
the
license.
Upon
renewal
of
a
commercial
driver’s
22
license,
no
fee
is
payable
for
retaining
endorsements
or
the
23
removal
of
the
air
brake
a
restriction
for
those
endorsements
24
or
restrictions
which
do
not
require
the
taking
of
either
a
25
knowledge
or
a
driving
skills
test
for
renewal.
26
9.
Upgrading
a
license
class
privilege
——
fee
adjustment.
27
a.
If
an
applicant
wishes
to
upgrade
a
license
class
28
privilege,
the
fee
charged
shall
be
prorated
on
full-year
29
fee
increments
of
the
new
license
in
accordance
with
rules
30
adopted
by
the
department.
The
expiration
date
of
the
new
31
license
shall
be
the
expiration
date
of
the
currently
held
32
driver’s
license.
The
fee
for
a
commercial
driver’s
license
33
endorsement,
the
removal
of
an
air
brake
a
restriction,
or
a
34
commercial
driver’s
license
instruction
learner’s
permit
shall
35
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_____
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_____
not
be
prorated.
1
b.
As
used
in
this
subsection
“to
upgrade
a
license
class
2
privilege”
means
to
add
any
privilege
to
a
valid
driver’s
3
license.
The
addition
of
a
privilege
includes
converting
4
from
a
noncommercial
to
a
commercial
license,
converting
from
5
a
noncommercial
class
C
to
a
class
D
license,
converting
an
6
instruction
or
learner’s
permit
to
a
class
license,
adding
any
7
privilege
to
a
section
321.189,
subsection
7
,
license,
adding
8
an
instruction
or
learner’s
permit
privilege,
adding
a
section
9
321.189,
subsection
7
,
license
to
an
instruction
or
learner’s
10
permit,
and
adding
any
privilege
relating
to
a
driver’s
license
11
issued
to
a
minor
under
section
321.194
or
321.178
.
12
Sec.
52.
Section
321.196,
subsections
1
and
4,
Code
2015,
13
are
amended
to
read
as
follows:
14
1.
Except
as
otherwise
provided,
if
the
licensee
is
between
15
the
ages
of
seventeen
years
eleven
months
and
seventy-two
years
16
on
the
date
of
issuance
of
the
license,
a
driver’s
license,
17
other
than
an
instruction
permit,
chauffeur’s
instruction
18
permit,
or
commercial
driver’s
instruction
learner’s
permit
19
issued
under
section
321.180
,
expires
eight
years
from
the
20
licensee’s
birthday
anniversary
occurring
in
the
year
of
21
issuance,
but
not
to
exceed
the
licensee’s
seventy-fourth
22
birthday.
If
the
licensee
is
under
the
age
of
seventeen
23
years
eleven
months
or
age
seventy-two
or
over,
the
license
24
is
effective
for
a
period
of
two
years
from
the
licensee’s
25
birthday
anniversary
occurring
in
the
year
of
issuance.
A
26
licensee
whose
license
is
restricted
due
to
vision
or
other
27
physical
deficiencies
may
be
required
to
renew
the
license
28
every
two
years.
If
a
licensee
is
a
foreign
national
who
is
29
temporarily
present
in
this
state,
the
license
shall
be
issued
30
only
for
the
length
of
time
the
foreign
national
is
authorized
31
to
be
present
as
verified
by
the
department,
not
to
exceed
two
32
years.
33
4.
The
department
in
its
discretion
may
authorize
the
34
renewal
of
a
valid
driver’s
license
other
than
a
commercial
35
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_____
driver’s
license
or
commercial
learner’s
permit
upon
1
application
without
an
examination
provided
that
the
applicant
2
meets
one
of
the
following
conditions:
3
a.
The
applicant
satisfactorily
passes
a
vision
test
as
4
prescribed
by
the
department.
5
b.
The
applicant
files
a
vision
report
in
accordance
with
6
section
321.186A
which
shows
that
the
applicant’s
visual
acuity
7
level
meets
or
exceeds
those
required
by
the
department.
8
c.
The
applicant
is
eligible
for
license
renewal
9
electronically,
pursuant
to
rules
adopted
by
the
department.
10
An
applicant
shall
not
be
eligible
for
electronic
renewal
of
11
a
driver’s
license
if
the
most
recent
previous
renewal
of
the
12
applicant’s
driver’s
license
occurred
electronically.
13
Sec.
53.
Section
321.201,
subsection
2,
Code
2015,
is
14
amended
to
read
as
follows:
15
2.
a.
Upon
cancellation
of
a
commercial
driver’s
license
or
16
commercial
learner’s
permit
for
providing
false
information
or
17
committing
fraud
in
the
application,
the
applicant
shall
not
18
operate
a
commercial
motor
vehicle
in
this
state
and
shall
not
19
be
issued
a
license
valid
to
operate
a
commercial
motor
vehicle
20
for
a
period
of
sixty
days.
21
b.
The
department
shall
disqualify
the
commercial
driver’s
22
license
or
commercial
learner’s
permit
of
a
person
convicted
or
23
suspected
of
fraud
related
to
the
testing
for
or
issuance
of
24
a
commercial
driver’s
license
or
commercial
learner’s
permit.
25
The
department
shall
adopt
rules
to
administer
this
paragraph
26
that
substantially
comply
with
49
C.F.R.
§383.73(k).
27
Sec.
54.
Section
321.204,
subsection
2,
Code
2015,
is
28
amended
to
read
as
follows:
29
2.
The
department
shall
notify
the
commercial
driver’s
30
license
information
system
and
the
commercial
motor
vehicle
31
administrator
in
the
licensing
state,
if
applicable,
of
the
32
disqualification
of
a
commercial
driver
within
ten
days
of
any
33
of
the
following:
34
a.
The
disqualification
of
the
commercial
driver
under
35
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_____
H.F.
_____
section
321.201
or
section
321.208
if
the
disqualification
is
1
for
sixty
days
or
more.
2
b.
The
suspension
or
revocation
of
a
commercial
driver’s
3
license
or
commercial
learner’s
permit
if
the
suspension
or
4
revocation
is
for
sixty
days
or
more.
5
c.
The
cancellation
of
a
commercial
driver’s
license
or
6
commercial
learner’s
permit
.
7
Sec.
55.
Section
321.206,
Code
2015,
is
amended
to
read
as
8
follows:
9
321.206
Surrender
of
license
——
duty
of
court.
10
If
a
person
is
convicted
in
court
of
an
offense
for
which
11
this
chapter
requires
mandatory
revocation
of
the
person’s
12
driver’s
license
or,
if
the
person’s
license
is
a
commercial
13
driver’s
license
or
commercial
learner’s
permit
and
the
14
conviction
disqualifies
the
person
from
operating
a
commercial
15
motor
vehicle,
the
court
shall
require
the
person
to
surrender
16
the
driver’s
license
held
by
the
person
and
the
court
shall
17
destroy
the
license
or
forward
the
license
together
with
a
18
record
of
the
conviction
to
the
department
as
provided
in
19
section
321.491
.
20
Sec.
56.
Section
321.207,
Code
2015,
is
amended
to
read
as
21
follows:
22
321.207
Downgrade
of
commercial
driver’s
license
or
23
commercial
learner’s
permit
.
24
The
department
shall
adopt
rules
for
downgrading
a
25
commercial
driver’s
license
or
commercial
learner’s
permit
to
26
a
noncommercial
status
upon
a
driver’s
failure
to
provide
a
27
medical
examiner’s
certificate
as
required
pursuant
to
section
28
321.188,
subsection
1
,
paragraph
“c”
,
or
upon
a
driver’s
failure
29
to
provide
a
self-certification
of
type
of
driving
as
required
30
pursuant
to
section
321.188,
subsection
1
,
paragraph
“c”
“f”
.
31
The
rules
shall
substantially
comply
with
49
C.F.R.
§383.71
and
32
383.73,
as
adopted
by
rule
by
the
department.
33
Sec.
57.
Section
321.208,
subsection
1,
paragraph
b,
Code
34
2015,
is
amended
to
read
as
follows:
35
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_____
H.F.
_____
b.
Operating
a
commercial
motor
vehicle
when,
as
a
result
1
of
prior
violations
committed
while
operating
a
commercial
2
motor
vehicle,
the
person’s
commercial
driver’s
license
or
3
commercial
learner’s
permit
is
revoked,
suspended,
or
canceled
4
or
the
person
is
disqualified
from
operating
a
commercial
motor
5
vehicle.
6
Sec.
58.
Section
321.208,
subsection
2,
unnumbered
7
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
8
A
person
is
disqualified
from
operating
a
commercial
motor
9
vehicle
for
one
year
upon
a
conviction
or
final
administrative
10
decision
that
the
person
has
committed
any
of
the
following
11
acts
or
offenses
in
any
state
or
foreign
jurisdiction
while
12
operating
a
commercial
motor
vehicle
or
while
operating
a
13
noncommercial
motor
vehicle
and
holding
a
commercial
driver’s
14
license
or
commercial
learner’s
permit
:
15
Sec.
59.
Section
321.208,
subsections
3,
5,
and
6,
Code
16
2015,
are
amended
to
read
as
follows:
17
3.
A
person
is
disqualified
from
operating
a
commercial
18
motor
vehicle
for
three
years
if
an
act
or
offense
described
19
in
subsection
1
or
2
occurred
while
the
person
was
operating
20
a
commercial
motor
vehicle
transporting
hazardous
material
of
21
a
type
or
quantity
requiring
vehicle
placarding
materials
as
22
defined
in
49
C.F.R.
§383.5
.
23
5.
A
person
is
disqualified
from
operating
a
commercial
24
motor
vehicle
for
life
upon
a
conviction
that
the
person
used
a
25
commercial
or
noncommercial
motor
vehicle
in
the
commission
of
26
a
felony
or
aggravated
misdemeanor
involving
the
manufacturing,
27
distributing,
or
dispensing
of
a
controlled
substance
as
28
defined
in
section
124.101
.
A
person
is
disqualified
from
29
operating
a
commercial
motor
vehicle
for
life
upon
a
conviction
30
that
the
person
used
a
noncommercial
motor
vehicle
in
the
31
commission
of
a
felony
or
aggravated
misdemeanor
involving
the
32
manufacturing,
distributing,
or
dispensing
of
a
controlled
33
substance
as
defined
in
section
124.101
and
held
a
commercial
34
driver’s
license
or
commercial
learner’s
permit
at
the
time
the
35
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_____
H.F.
_____
offense
was
committed.
1
6.
A
person
is
disqualified
from
operating
a
commercial
2
motor
vehicle
if
the
person
receives
convictions
for
committing
3
within
any
three-year
period
two
or
more
of
the
following
4
offenses
while
operating
a
commercial
motor
vehicle,
or
5
while
operating
a
noncommercial
motor
vehicle
and
holding
a
6
commercial
driver’s
license
or
commercial
learner’s
permit
7
if
the
convictions
result
in
the
revocation,
cancellation,
8
or
suspension
of
the
person’s
commercial
driver’s
license
,
9
commercial
learner’s
permit,
or
noncommercial
motor
vehicle
10
driving
privileges:
11
a.
Operating
a
commercial
motor
vehicle
upon
a
highway
12
when
not
issued
a
commercial
driver’s
license
or
commercial
13
learner’s
permit
.
14
b.
Operating
a
commercial
motor
vehicle
upon
a
highway
when
15
not
issued
the
proper
class
of
commercial
driver’s
license
,
16
commercial
learner’s
permit,
or
endorsements
for
the
specific
17
vehicle
group
being
operated
or
for
the
passengers
or
type
of
18
cargo
being
transported.
19
c.
Operating
a
commercial
motor
vehicle
upon
a
highway
20
without
immediate
possession
of
a
commercial
driver’s
license
21
or
commercial
learner’s
permit
valid
for
the
vehicle
operated.
22
d.
Speeding
fifteen
miles
per
hour
or
more
over
the
legal
23
speed
limit.
24
e.
Reckless
driving.
25
f.
Any
violation
of
the
traffic
laws,
except
a
parking
26
violation
or
a
vehicle
weight
violation,
which
arises
in
27
connection
with
a
fatal
traffic
accident.
28
g.
Following
another
motor
vehicle
too
closely.
29
h.
Improper
lane
changes
in
violation
of
section
321.306
.
30
i.
Violating
a
state
or
local
law
or
ordinance
on
motor
31
vehicle
traffic
control
prohibiting
texting
while
driving
a
32
commercial
motor
vehicle.
33
j.
Violating
a
state
or
local
law
or
ordinance
on
motor
34
vehicle
traffic
control
restricting
or
prohibiting
the
use
of
35
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_____
H.F.
_____
a
hand-held
mobile
telephone
while
driving
a
commercial
motor
1
vehicle.
2
Sec.
60.
Section
321.208,
subsection
9,
paragraph
b,
Code
3
2015,
is
amended
to
read
as
follows:
4
b.
For
one
year
upon
conviction
for
the
first
violation
5
and
for
not
less
than
three
years
and
not
more
than
five
years
6
upon
conviction
for
a
second
or
subsequent
violation
of
an
7
out-of-service
order
while
transporting
hazardous
materials
8
required
to
be
placarded
as
defined
in
49
C.F.R.
§383.5
,
9
or
while
operating
a
commercial
motor
vehicle
designed
to
10
transport
more
than
fifteen
passengers
including
the
driver.
11
Sec.
61.
Section
321.208,
subsection
12,
paragraph
b,
Code
12
2015,
is
amended
to
read
as
follows:
13
b.
The
effective
date
of
disqualification
shall
be
thirty
14
days
after
notification.
Immediate
notice
of
disqualification
15
may
be
served
on
a
person
operating
a
commercial
motor
vehicle
16
who
refused
to
submit
to
a
test
or
whose
test
results
indicate
17
an
alcohol
concentration
of
0.04
or
more
by
the
peace
officer
18
administering
the
chemical
test
or,
notwithstanding
chapter
19
17A
,
the
department
may
notify
the
person
by
first
class
20
mail.
If
immediate
notice
is
served,
the
peace
officer
shall
21
take
the
commercial
driver’s
license
or
commercial
learner’s
22
permit
of
the
driver,
if
issued
within
the
state,
and
issue
a
23
temporary
commercial
driver’s
license
or
commercial
learner’s
24
permit
effective
for
only
thirty
days.
The
peace
officer
shall
25
immediately
send
the
person’s
commercial
driver’s
license
or
26
commercial
learner’s
permit
to
the
department
in
addition
to
27
the
officer’s
certification
required
by
this
subsection
.
28
Sec.
62.
Section
321.208,
subsection
13,
Code
2015,
is
29
amended
to
read
as
follows:
30
13.
Upon
notice,
the
disqualified
person
shall
surrender
31
the
person’s
commercial
driver’s
license
or
commercial
32
learner’s
permit
to
the
department
and
the
department
may
issue
33
a
driver’s
license
valid
only
to
operate
a
noncommercial
motor
34
vehicle
upon
payment
of
a
one
dollar
the
fee
for
a
replacement
35
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43
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_____
H.F.
_____
driver’s
license
under
section
321.195
.
The
department
shall
1
notify
the
commercial
driver’s
license
information
system
2
of
the
disqualification
if
required
to
do
so
under
section
3
321.204
.
4
Sec.
63.
Section
321.208A,
subsection
1,
Code
2015,
is
5
amended
to
read
as
follows:
6
1.
A
person
required
to
hold
a
commercial
driver’s
license
7
or
commercial
learner’s
permit
to
operate
a
commercial
motor
8
vehicle
shall
not
operate
a
commercial
motor
vehicle
on
the
9
highways
of
this
state
in
violation
of
an
out-of-service
order
10
issued
by
a
peace
officer
for
a
violation
of
the
out-of-service
11
rules
adopted
by
the
department.
A
driver
who
violates
an
12
out-of-service
order
commits
a
simple
misdemeanor
and
shall
13
be
subject
to
a
fine
of
not
less
than
two
thousand
five
14
hundred
dollars
upon
conviction
for
the
first
violation
of
an
15
out-of-service
order
and
not
less
than
five
thousand
dollars
16
for
a
second
or
subsequent
violation
of
an
out-of-service
order
17
in
separate
incidents
within
a
ten-year
period.
18
Sec.
64.
Section
321.215,
subsection
4,
Code
2015,
is
19
amended
to
read
as
follows:
20
4.
The
temporary
restricted
license
is
not
valid
to
operate
21
a
commercial
motor
vehicle
if
a
commercial
driver’s
license
22
or
commercial
learner’s
permit
is
required
for
the
person’s
23
operation
of
the
commercial
motor
vehicle.
24
Sec.
65.
Section
321.218,
subsection
4,
Code
2015,
is
25
amended
to
read
as
follows:
26
4.
A
person
who
operates
a
commercial
motor
vehicle
upon
27
the
highways
of
this
state
when
disqualified
from
operating
the
28
commercial
motor
vehicle
under
section
321.208
or
the
imminent
29
hazard
provisions
of
49
C.F.R.
§383.52
commits
a
serious
30
misdemeanor
if
a
commercial
driver’s
license
or
commercial
31
learner’s
permit
is
required
for
the
person
to
operate
the
32
commercial
motor
vehicle.
33
Sec.
66.
Section
321J.1,
subsection
7,
Code
2015,
is
amended
34
to
read
as
follows:
35
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H.F.
_____
7.
“Driver’s
license”
means
any
license
or
permit
issued
1
to
a
person
to
operate
a
motor
vehicle
on
the
highways
of
this
2
state,
including
but
not
limited
to
a
driver’s,
commercial
3
driver’s,
temporary
restricted,
or
temporary
license
and
an
4
instruction,
chauffeur’s
instruction,
commercial
driver’s
5
instruction
learner’s
,
or
temporary
permit.
6
Sec.
67.
Section
321J.8,
subsection
1,
paragraph
c,
7
subparagraph
(2),
Code
2015,
is
amended
to
read
as
follows:
8
(2)
If
the
person
is
operating
a
noncommercial
motor
9
vehicle
and
holding
a
commercial
driver’s
license
or
commercial
10
learner’s
permit
as
defined
in
section
321.1
and
either
refuses
11
to
submit
to
the
test
or
submits
to
the
test
and
the
results
12
indicate
the
presence
of
a
controlled
substance
or
other
drug
13
or
an
alcohol
concentration
equal
to
or
in
excess
of
the
level
14
prohibited
by
section
321J.2
,
the
person
is
disqualified
from
15
operating
a
commercial
motor
vehicle
for
the
applicable
period
16
under
section
321.208
in
addition
to
any
revocation
of
the
17
person’s
driver’s
license
or
nonresident
operating
privilege
18
which
may
be
applicable
under
this
chapter
.
19
Sec.
68.
Section
321J.13,
subsection
6,
paragraph
c,
Code
20
2015,
is
amended
to
read
as
follows:
21
c.
Such
a
holding
by
the
court
in
the
criminal
action
is
22
binding
on
the
department,
and
the
department
shall
rescind
23
the
revocation.
If
the
offense
for
which
the
revocation
24
was
imposed
was
committed
while
the
person
was
operating
a
25
noncommercial
motor
vehicle
and
holding
a
commercial
driver’s
26
license
or
commercial
learner’s
permit
and
the
department
27
disqualified
the
person
from
operating
a
commercial
motor
28
vehicle
under
section
321.208,
subsection
2
,
paragraph
“a”
or
29
“b”
,
as
a
result
of
the
revocation,
the
department
shall
also
30
rescind
the
disqualification.
31
Sec.
69.
Section
321J.20,
subsection
5,
Code
2015,
is
32
amended
to
read
as
follows:
33
5.
A
person
holding
a
temporary
restricted
license
issued
34
by
the
department
under
this
section
shall
not
operate
a
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_____
H.F.
_____
commercial
motor
vehicle
on
a
highway
if
a
commercial
driver’s
1
license
or
commercial
learner’s
permit
is
required
for
the
2
person’s
operation
of
the
commercial
motor
vehicle.
3
Sec.
70.
Section
321M.1,
subsections
1
and
5,
Code
2015,
are
4
amended
to
read
as
follows:
5
1.
“Commercial
driver’s
license”
means
a
driver’s
license
6
valid
for
the
operation
of
a
commercial
motor
vehicle,
7
including
a
commercial
learner’s
permit,
as
regulated
by
8
chapter
321
.
9
5.
“Driver’s
license”
means
any
license
or
permit
issued
10
to
a
person
to
operate
a
motor
vehicle
on
the
highways
of
this
11
state,
including
but
not
limited
to
a
driver’s,
commercial
12
driver’s,
temporary
restricted,
or
temporary
license
and
an
13
instruction,
chauffeur’s
instruction,
commercial
driver’s
14
instruction
learner’s
,
or
temporary
permit.
15
Sec.
71.
EMERGENCY
RULES.
The
department
of
transportation
16
may
adopt
rules
on
an
emergency
basis
as
provided
in
section
17
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
18
paragraph
“b”,
to
implement
the
provisions
of
this
division
19
of
this
Act
relating
to
the
department’s
administration
of
20
commercial
learner’s
permits
and
commercial
driver’s
licenses
21
in
compliance
with
the
procedures
set
forth
in
49
C.F.R.
22
§383.73
pursuant
to
this
division
of
this
Act,
and
the
rules
23
shall
be
effective
immediately
upon
filing
unless
a
later
24
date
is
specified
in
the
rules.
Any
emergency
rule
adopted
25
in
accordance
with
this
section
shall
also
be
published
as
26
a
notice
of
intended
action
as
provided
in
section
17A.4,
27
subsection
1.
28
Sec.
72.
EFFECTIVE
UPON
ENACTMENT.
The
provisions
of
this
29
division
of
this
Act
relating
to
emergency
rules,
being
deemed
30
of
immediate
importance,
take
effect
upon
enactment.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
matters
under
the
purview
of
the
35
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_____
H.F.
_____
department
of
transportation
(DOT).
1
DIVISION
I
——
AVIATION.
Generally,
state
agencies
may
2
not
compete
with
private
enterprise.
Under
current
law,
the
3
DOT
may
compete
with
private
enterprise
in
aircraft
pool
4
operations.
The
bill
eliminates
that
exception.
5
Under
current
law,
certain
persons
with
a
certificate
6
of
registration
for
aircraft
are
required
to
display
the
7
registration
and
present
the
registration
to
the
DOT
upon
8
request.
The
bill
eliminates
these
requirements.
9
DIVISION
II
——
TRANSPORTATION
DEPARTMENT
AND
COMMISSION.
10
DEPARTMENT
OF
TRANSPORTATION.
Code
chapter
307,
which
11
establishes
the
DOT,
is
amended
and
reorganized
to
reflect
12
the
current
structure
and
responsibilities
of
the
department
13
and
its
divisions.
Provisions
which
relate
to
the
state
14
transportation
commission
are
repealed
from
Code
chapter
15
307
and
moved
to
Code
chapter
307A,
which
relates
to
the
16
commission.
17
The
bill
also
repeals
a
Code
section
establishing
the
DOT’s
18
responsibility
to
train
construction
inspectors
to
perform
19
several
inspection
functions
and
a
Code
section
establishing
20
the
DOT’s
authority
to
receive
and
apportion
federal
donations.
21
STATE
TRANSPORTATION
COMMISSION.
Code
chapter
307A,
22
which
contains
some
of
the
duties
of
the
state
transportation
23
commission,
is
amended
to
include
provisions
establishing
the
24
commission
and
providing
for
its
organization
and
membership.
25
Provisions
which
relate
to
the
duties
performed
by
the
DOT
are
26
repealed
from
Code
chapter
307A
and
moved
to
Code
chapter
307.
27
DIVISION
III
——
MOTOR
VEHICLES.
The
bill
expands
the
28
provision
governing
the
issuance
of
regular
registration
29
plates
rather
than
“official”
registration
plates
to
certain
30
persons
exempt
from
registration
fees
to
include
federal
law
31
enforcement
officers.
32
The
bill
increases
the
fee
for
issuance
of
a
replacement
33
driver’s
license
which
does
not
identify
a
person
as
“under
18”
34
or
“under
21”
upon
attaining
such
age
from
$1
to
$10.
35
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43
S.F.
_____
H.F.
_____
The
bill
provides
that
a
person
whose
driver’s
license
was
1
suspended
or
revoked
for
certain
motor
vehicle
violations
and
2
was
also
suspended
or
revoked
for
operating-while-intoxicated
3
is
eligible
for
a
temporary
restricted
license
if
the
person
4
meets
the
eligibility
requirements
of
both
provisions.
5
The
bill
amends
provisions
relating
to
vehicle
registrations
6
pursuant
to
registration
reciprocity
apportionment
agreements.
7
The
bill
alters
the
late
filing
penalty
for
registration
fees
8
imposed
by
the
department
from
five
percent
of
fees
due
to
9
all
states
to
five
percent
of
the
fees
due
to
the
state
of
10
Iowa.
The
bill
also
provides
that
late
penalties
calculated
11
by
the
department
will
remain
due
to
the
state
until
the
fees
12
and
penalties
are
received.
The
effective
date
of
these
fee
13
provisions
is
January
1,
2016.
14
DIVISION
IV
——
RAIL
TRANSPORTATION.
The
bill
requires
15
railway
corporations
repairing
a
railroad
crossing
to
provide
16
notice
of
the
location
and
duration
of
the
repair
to
the
17
highway
authority
responsible
for
any
roads
closed
due
to
the
18
repair.
The
notice
is
required
within
a
reasonable
time
before
19
the
date
of
the
closing.
20
Current
law
provides
that
when
parties
wish
to
establish
21
a
connection
with
a
spur
track
connected
to
a
main
line,
the
22
parties
must
apply
to
the
DOT
to
establish
cost
sharing.
The
23
bill
provides
that
the
parties
may
first
attempt
to
enter
into
24
an
agreement
before
applying
to
the
DOT.
25
The
bill
repeals
Code
sections
requiring
headlights
and
26
windshields
on
track
power
cars
and
the
accompanying
penalties,
27
governing
caboose
standards,
requiring
establishment
and
28
maintenance
of
freight
offices
that
are
accessible
to
the
29
public,
requiring
horns
on
locomotives
that
must
be
sounded
30
at
road
crossings
and
the
accompanying
penalties,
requiring
31
roadbeds
of
railways
constructed
near
the
Mississippi
river
32
to
be
constructed
above
the
high-water
mark,
establishing
the
33
DOT’s
jurisdiction
over
all
crossings
at
grade
of
railways
34
within
the
state,
establishing
the
DOT’s
authority
to
35
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S.F.
_____
H.F.
_____
require
safety
devices
at
railroad
crossings,
junctions,
and
1
drawbridges,
and
establishing
the
DOT’s
authority
to
carry
out
2
agreements
for
railroad
assistance
entered
into
by
the
energy
3
policy
council
and
railroads
or
other
persons.
4
DIVISION
V
——
COMMERCIAL
LEARNER’S
PERMITS.
The
bill
5
redefines
commercial
driver’s
license
and
defines
commercial
6
learner’s
permit
as
the
terms
are
defined
in
the
United
7
States
code
of
federal
regulations.
The
bill
alters
weight
8
calculations
for
commercial
motor
vehicles
and
tank
vehicles.
9
The
bill
also
expands
Code
sections
that
refer
to
commercial
10
driver’s
licenses
to
also
refer
to
commercial
learner’s
11
permits.
12
The
bill
requires
the
DOT
to
adopt
rules
to
administer
13
commercial
learner’s
permits
in
compliance
with
the
procedures
14
set
forth
by
federal
law.
The
bill
allows
the
DOT
to
adopt
15
such
rules
on
an
emergency
basis,
with
such
provision
taking
16
effect
upon
enactment.
The
bill
provides
for
qualifications
17
and
requirements
for
holders
of
a
commercial
learner’s
permit,
18
including
operation
of
the
vehicle
accompanied
by
a
holder
19
of
a
commercial
driver’s
license
in
certain
circumstances.
20
The
bill
also
provides
that
commercial
learner’s
permits
21
are
preconditions
to
the
initial
issuance
or
upgrade
of
a
22
commercial
driver’s
license,
permit
holders
are
not
eligible
to
23
take
driver’s
tests
required
for
a
commercial
driver’s
license
24
for
14
days
after
issuance
of
the
permit,
and
commercial
25
learner’s
permits
are
not
valid
for
the
operation
of
vehicles
26
transporting
hazardous
material.
27
The
bill
requires
the
DOT
to
adopt
rules
to
administer
28
commercial
driver’s
licenses
in
compliance
with
the
procedures
29
set
forth
by
federal
law.
The
bill
allows
the
DOT
to
adopt
30
such
rules
on
an
emergency
basis,
with
such
provision
taking
31
effect
upon
enactment.
The
bill
also
allows
the
DOT
to
32
administer
rules
requiring
additional
information,
proofs,
or
33
certifications
in
order
to
qualify
for
a
commercial
driver’s
34
license.
35
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Current
law
provides
that
the
DOT
may
waive
the
requirement
1
of
a
driving
skills
test
if
the
applicant
has
separated
2
from
military
service
in
the
past
90
days,
except
where
the
3
applicant
has
violated
a
state
or
local
traffic
law.
The
bill
4
extends
the
military
separation
limit
to
one
year,
and
expands
5
the
exception
to
include
violations
of
military
traffic
laws.
6
The
bill
provides
that
the
fee
for
removing
full
air
brake,
7
manual
transmission,
tractor-trailer,
or
passenger
vehicle
8
restrictions
on
a
commercial
driver’s
license
or
commercial
9
learner’s
permit
is
$10.
The
bill
also
requires
the
DOT
to
10
disqualify
the
commercial
driver’s
license
or
commercial
11
learner’s
permit
of
a
person
suspected
or
convicted
of
fraud
12
related
to
the
testing
for
or
issuance
of
the
license
or
13
permit,
and
to
adopt
rules
governing
such
disqualification.
14
The
bill
provides
that
the
term
“hazardous
materials”
means
15
hazardous
materials
as
the
term
is
defined
in
the
United
States
16
code
of
federal
regulations.
17
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