House
File
116
-
Introduced
HOUSE
FILE
116
BY
JONES
A
BILL
FOR
An
Act
relating
to
the
issuance
of
driver’s
licenses,
1
nonoperator’s
identification
cards,
and
persons
with
2
disabilities
identification
devices
by
counties
and
3
community
colleges.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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1764YH
(2)
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H.F.
116
Section
1.
Section
321.218A,
Code
2017,
is
amended
to
read
1
as
follows:
2
321.218A
Civil
penalty
——
disposition
——
reinstatement.
3
When
the
department
suspends,
revokes,
or
bars
a
person’s
4
driver’s
license
or
nonresident
operating
privilege
for
a
5
conviction
under
this
chapter
,
the
department
shall
assess
6
the
person
a
civil
penalty
of
two
hundred
dollars.
However,
7
for
persons
age
nineteen
or
under,
the
civil
penalty
assessed
8
shall
be
fifty
dollars.
The
civil
penalty
does
not
apply
to
9
a
suspension
issued
for
a
violation
of
section
321.180B
.
The
10
money
collected
by
the
department
under
this
section
shall
be
11
transmitted
to
the
treasurer
of
state
who
shall
deposit
the
12
money
in
the
juvenile
detention
home
fund
created
in
section
13
232.142
.
Except
as
provided
in
section
321.210B
,
a
temporary
14
restricted
license
shall
not
be
issued
or
a
driver’s
license
15
or
nonresident
operating
privilege
reinstated
until
the
civil
16
penalty
has
been
paid.
A
person
assessed
a
penalty
under
this
17
section
may
remit
the
civil
penalty
along
with
a
processing
18
fee
of
five
dollars
to
a
county
treasurer
or
community
college
19
authorized
to
issue
driver’s
licenses
under
chapter
321M
,
or
20
the
civil
penalty
may
be
paid
directly
to
the
department.
21
Sec.
2.
Section
321A.32A,
Code
2017,
is
amended
to
read
as
22
follows:
23
321A.32A
Civil
penalty
——
disposition
——
reinstatement.
24
When
the
department
suspends,
revokes,
or
bars
a
person’s
25
driver’s
license
or
nonresident
operating
privilege
under
this
26
chapter
,
the
department
shall
assess
the
person
a
civil
penalty
27
of
two
hundred
dollars.
However,
for
persons
age
nineteen
or
28
under,
the
civil
penalty
assessed
shall
be
fifty
dollars.
The
29
money
collected
by
the
department
under
this
section
shall
be
30
transmitted
to
the
treasurer
of
state
who
shall
deposit
the
31
money
in
the
juvenile
detention
home
fund
created
in
section
32
232.142
.
Except
as
provided
in
section
321.210B
,
a
temporary
33
restricted
license
shall
not
be
issued
or
a
driver’s
license
34
or
nonresident
operating
privilege
reinstated
until
the
civil
35
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116
penalty
has
been
paid.
A
person
assessed
a
penalty
under
this
1
section
may
remit
the
civil
penalty
along
with
a
processing
2
fee
of
five
dollars
to
a
county
treasurer
or
community
college
3
authorized
to
issue
driver’s
licenses
under
chapter
321M
,
or
4
the
civil
penalty
may
be
paid
directly
to
the
department.
5
Sec.
3.
Section
321J.17,
subsection
1,
Code
2017,
is
amended
6
to
read
as
follows:
7
1.
If
the
department
revokes
a
person’s
driver’s
license
8
or
nonresident
operating
privilege
under
this
chapter
,
the
9
department
shall
assess
the
person
a
civil
penalty
of
two
10
hundred
dollars.
The
money
collected
by
the
department
under
11
this
section
shall
be
transmitted
to
the
treasurer
of
state
12
who
shall
deposit
one-half
of
the
money
in
the
separate
fund
13
established
in
section
915.94
and
one-half
of
the
money
in
the
14
general
fund
of
the
state.
A
temporary
restricted
license
15
shall
not
be
issued
unless
an
ignition
interlock
device
has
16
been
installed
pursuant
to
section
321J.4
.
Except
as
provided
17
in
section
321.210B
,
a
temporary
restricted
license
shall
18
not
be
issued
or
a
driver’s
license
or
nonresident
operating
19
privilege
reinstated
until
the
civil
penalty
has
been
paid.
20
A
person
assessed
a
penalty
under
this
section
may
remit
the
21
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
22
a
county
treasurer
or
community
college
authorized
to
issue
23
driver’s
licenses
under
chapter
321M
,
or
the
civil
penalty
may
24
be
paid
directly
to
the
department.
25
Sec.
4.
Section
321M.1,
subsection
2,
Code
2017,
is
amended
26
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
27
following:
28
2.
“Community
college”
means
a
community
college
established
29
under
chapter
260C.
30
Sec.
5.
Section
321M.1,
subsection
6,
Code
2017,
is
amended
31
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
32
following:
33
6.
“Issuance”
means
the
system
or
process
of
issuing
34
driver’s
licenses,
nonoperator’s
identification
cards,
and
35
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116
persons
with
disabilities
identification
devices,
including
all
1
related
testing,
to
the
same
extent
that
such
items
are
issued
2
by
the
department.
3
Sec.
6.
Section
321M.2,
Code
2017,
is
amended
to
read
as
4
follows:
5
321M.2
Relation
to
other
laws.
6
Notwithstanding
provisions
of
chapter
321
or
321L
that
grant
7
sole
authority
to
the
department
for
the
issuance
of
driver’s
8
licenses,
nonoperator’s
identification
cards,
and
persons
9
with
disabilities
identification
devices,
certain
counties
10
and
community
colleges
shall
be
authorized
to
issue
driver’s
11
licenses,
nonoperator’s
identification
cards,
and
persons
12
with
disabilities
identification
devices,
according
to
the
13
requirements
of
this
chapter
.
14
Sec.
7.
Section
321M.3,
Code
2017,
is
amended
to
read
as
15
follows:
16
321M.3
Authorization
to
issue
licenses.
17
1.
Adair,
Adams,
Allamakee,
Appanoose,
Audubon,
Benton,
18
Boone,
Bremer,
Buchanan,
Buena
Vista,
Butler,
Calhoun,
19
Carroll,
Cass,
Cedar,
Cherokee,
Chickasaw,
Clarke,
Clay,
20
Clayton,
Crawford,
Dallas,
Davis,
Decatur,
Delaware,
Dickinson,
21
Emmet,
Fayette,
Floyd,
Franklin,
Fremont,
Greene,
Grundy,
22
Guthrie,
Hamilton,
Hancock,
Hardin,
Harrison,
Henry,
Howard,
23
Humboldt,
Ida,
Iowa,
Jackson,
Jasper,
Jefferson,
Jones,
24
Keokuk,
Kossuth,
Lee,
Louisa,
Lucas,
Lyon,
Madison,
Mahaska,
25
Marion,
Mills,
Mitchell,
Monona,
Monroe,
Montgomery,
O’Brien,
26
Osceola,
Page,
Palo
Alto,
Plymouth,
Pocahontas,
Poweshiek,
27
Ringgold,
Sac,
Shelby,
Sioux,
Tama,
Taylor,
Union,
Van
Buren,
28
Warren,
Washington,
Wayne,
Winnebago,
Winneshiek,
Worth,
29
and
Wright
counties
shall
be
authorized
to
issue
driver’s
30
licenses,
nonoperator’s
identification
cards,
and
persons
with
31
disabilities
identification
devices
on
a
permanent
basis,
32
provided
that
such
counties
continue
to
meet
the
department’s
33
standards
for
issuance.
34
2.
Any
community
college
shall
be
authorized
to
issue
35
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116
driver’s
licenses,
nonoperator’s
identification
cards,
and
1
persons
with
disabilities
identification
devices
on
a
permanent
2
basis,
provided
that
such
community
college
continues
to
meet
3
the
department’s
standards
for
issuance.
4
Sec.
8.
Section
321M.4,
Code
2017,
is
amended
to
read
as
5
follows:
6
321M.4
Termination
of
authorization
——
failure
to
meet
7
standards.
8
1.
If
a
county
or
community
college
is
subject
to
9
termination
of
its
county
issuance
authorization
for
10
failure
to
meet
the
department’s
standards
for
issuance,
11
the
county
or
community
college
shall
not
issue
driver’s
12
licenses,
nonoperator’s
identification
cards,
or
persons
13
with
disabilities
identification
devices
until
the
county
or
14
community
college
has
been
reauthorized
by
the
department.
15
2.
The
department
is
not
obligated
to
provide
service
16
in
a
county
for
issuance
of
driver’s
licenses,
nonoperator’s
17
identification
cards,
or
persons
with
disabilities
18
identification
devices
if
the
county
or
a
community
college
19
in
the
county
fails
to
meet
the
department’s
standards
for
20
issuance.
21
Sec.
9.
Section
321M.5,
subsection
1,
Code
2017,
is
amended
22
to
read
as
follows:
23
1.
The
department
and
each
county
or
community
24
college
participating
in
county
issuance
shall
execute
an
25
agreement
pursuant
to
chapter
28E
,
detailing
the
relative
26
responsibilities
and
liabilities
of
each
party
to
the
27
agreement.
28
Sec.
10.
Section
321M.6,
Code
2017,
is
amended
to
read
as
29
follows:
30
321M.6
Certification
of
commercial
driver’s
license
issuance.
31
1.
A
county
or
community
college
shall
be
authorized
to
32
issue
commercial
driver’s
licenses
if
certified
to
do
so
by
the
33
department.
34
2.
The
department
shall
certify
the
commercial
driver’s
35
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116
license
issuance
in
by
a
county
or
community
college
authorized
1
to
issue
licenses
pursuant
to
section
321M.3
if
all
of
the
2
following
conditions
are
met:
3
a.
The
driving
skills
test
is
the
same
as
that
which
would
4
otherwise
be
administered
by
the
state.
5
b.
The
county
examiner
or
responsible
community
college
6
official
contractually
agrees
to
comply
with
the
requirements
7
of
49
C.F.R.
§383.75
,
as
adopted
by
rule
by
the
department.
8
c.
The
department
provides
supervision
over
the
issuance
of
9
commercial
driver’s
licenses,
including
the
administration
of
10
written
and
driving
skills
tests
by
the
office
of
the
county
11
treasurer
or
by
the
community
college’s
issuance
office
.
12
However,
the
failure
of
the
department
to
provide
appropriate
13
supervision
shall
not
alone
be
used
as
a
reason
to
deny
14
certification.
15
d.
The
county
or
community
college
otherwise
complies
with
16
the
procedures
for
issuance
of
commercial
driver’s
licenses
as
17
provided
in
chapter
321
.
18
3.
If
a
county
or
community
college
fails
to
meet
the
19
standards
for
certification
under
this
section
,
and
fails
to
20
correct
deficiencies
according
to
the
department’s
operating
21
standards,
the
county’s
or
community
college’s
right
to
22
issue
commercial
driver’s
licenses
shall
be
terminated,
23
and
the
county
or
community
college
shall
cease
issuing
24
commercial
driver’s
licenses.
Procedures
and
conditions
for
25
recertification
shall
be
addressed
in
the
operating
standards
26
for
the
department.
27
4.
The
department
is
not
obligated
to
provide
service
in
28
a
county
for
issuance
of
commercial
driver’s
licenses
if
the
29
county
or
a
community
college
in
the
county
fails
to
meet
30
certification
standards
under
this
section
.
31
Sec.
11.
Section
321M.7,
Code
2017,
is
amended
to
read
as
32
follows:
33
321M.7
Training.
34
1.
The
department
shall
provide
a
minimum
of
eight
weeks
35
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116
of
initial
training
for
county
and
community
college
personnel
1
participating
in
county
issuance.
The
maximum
class
size
for
2
this
initial
training
shall
be
twenty
people.
3
2.
The
department
shall
also
provide
individualized
4
additional
training
for
county
and
community
college
personnel
5
within
each
participating
county
office
following
initial
6
training.
7
3.
The
department
shall
periodically
offer
continuing
8
education
and
training
opportunities
to
county
and
community
9
college
personnel.
10
4.
The
department
shall
not
segregate
training
sessions
11
for
county
and
community
college
personnel
and
department
12
employees.
13
5.
New
county
and
community
college
personnel,
including
14
new
county
treasurers,
who
will
participate
in
county
issuance,
15
shall
complete
the
initial
training
session
prior
to
engaging
16
in
any
licensing
activities.
A
county
treasurer
County
17
treasurers
and
community
college
personnel
shall
use
best
18
efforts
to
complete
initial
training
as
soon
as
possible.
19
A
county
treasurer
County
treasurers
and
community
college
20
personnel
who
does
do
not
make
reasonable
attempts
to
begin
21
initial
training
within
three
months
of
taking
office
or
22
assuming
issuance
duties
may
be
subject
to
having
the
county
23
issuance
program
in
that
county
placed
on
probation.
24
Sec.
12.
Section
321M.9,
Code
2017,
is
amended
to
read
as
25
follows:
26
321M.9
Financial
responsibility.
27
1.
Fees
to
counties
and
community
colleges
.
Notwithstanding
28
any
other
provision
in
the
Code
to
the
contrary,
the
county
29
treasurer
of
a
county
authorized
to
issue
driver’s
licenses
30
under
this
chapter
,
or
a
community
college
authorized
to
31
issue
driver’s
licenses
under
this
chapter,
shall
retain
for
32
deposit
in
the
county
or
community
college
general
fund
seven
33
dollars
of
fees
received
for
each
issuance
or
renewal
of
34
driver’s
licenses
and
nonoperator’s
identification
cards,
but
35
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116
shall
not
retain
any
moneys
for
the
issuance
of
any
persons
1
with
disabilities
identification
devices.
The
five
dollar
2
processing
fee
charged
by
a
county
treasurer
or
a
community
3
college
for
collection
of
a
civil
penalty
under
section
4
321.218A
,
321A.32A
,
or
321J.17
shall
be
retained
for
deposit
5
in
the
county
or
community
college
general
fund.
The
county
6
treasurer
or
community
college
shall
remit
the
balance
of
fees
7
and
all
civil
penalties
to
the
department.
8
2.
Digitized
photolicensing
equipment.
9
a.
The
department
shall
pay
for
all
digitized
photolicensing
10
equipment,
including
that
used
by
the
department
and
authorized
11
for
use
by
issuing
counties
or
community
colleges
under
this
12
subsection
.
Moneys
from
the
road
use
tax
fund
shall
be
used,
13
subject
to
appropriation
by
the
general
assembly,
for
payment
14
of
costs
associated
with
the
purchase
or
lease
of
digitized
15
photolicensing
equipment.
16
b.
An
issuing
county
shall
be
entitled
to
one
set
of
17
digitized
photolicensing
equipment,
unless
the
county
18
was
served
at
multiple
sites
by
the
department,
in
which
19
case
the
county
shall
be
entitled
to
two
sets
of
digitized
20
photolicensing
equipment.
An
issuing
community
college
shall
21
be
entitled
to
one
set
of
digitized
photolicensing
equipment.
22
3.
Other
equipment.
The
department
shall
pay
for
all
23
other
equipment
needed
by
a
county
or
community
college
to
24
participate
in
county
issuance,
comparable
to
the
equipment
25
provided
for
issuance
activities
by
a
department
itinerant
26
team,
with
the
exception
of
the
following:
27
a.
Office
furniture.
28
b.
Computer
hardware
needed
to
access
department
computer
29
databases,
facsimile
machines
used
to
transmit
documents
30
between
the
department
and
the
county
or
community
college
,
31
and
similar
office
equipment
of
a
general
nature
that
is
not
32
dedicated
solely
or
primarily
to
the
issuance
process.
33
Sec.
13.
Section
321M.10,
Code
2017,
is
amended
to
read
as
34
follows:
35
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321M.10
Supervisory
authority
of
department.
1
1.
The
department
shall
retain
all
supervisory
authority
2
over
the
county
or
community
college
driver’s
license
issuance
3
program.
The
county
treasurers
,
community
colleges,
and
their
4
employees
shall
be
considered
agents
of
the
department
when
5
performing
driver’s
licensing
functions.
6
2.
Approximately
one
supervisor
shall
be
assigned
from
the
7
department
to
every
six
issuance
sites
participating
in
county
8
issuance
.
9
3.
Approximately
one
technical
computer
support
employee
10
shall
be
assigned
from
the
department
to
every
twenty-four
11
counties
and
community
colleges
participating
in
county
12
issuance.
13
4.
The
department
shall
provide
issuing
counties
and
14
community
colleges
access
to
computer
databases
at
a
level
15
equal
to
that
provided
to
comparable
department
employees.
16
5.
The
department
may
adopt
rules
pursuant
to
chapter
17A
as
17
necessary
to
administer
this
chapter
.
The
department
may
also
18
develop
operating
standards
as
necessary
to
administer
this
19
chapter
.
The
department
shall
consult
with
the
Iowa
county
20
treasurers
association
and
the
Iowa
association
of
community
21
college
trustees
in
developing
operating
standards
and
proposed
22
rules.
23
Sec.
14.
Section
321M.11,
Code
2017,
is
amended
to
read
as
24
follows:
25
321M.11
Good
faith
efforts
required.
26
The
department
and
issuing
counties
and
community
colleges
27
shall
use
their
best
good
faith
efforts
to
work
in
cooperation
28
in
implementing
and
maintaining
an
effective
system
of
county
29
issuance.
30
The
department
and
all
persons
involved
with
administration
31
of
this
chapter
,
department
procedures,
and
related
32
administrative
rules
shall
use
their
best
good
faith
efforts
to
33
ensure
that
the
application
of
the
laws,
rules,
and
procedures
34
related
to
county
and
community
college
issuance
shall
not
be
35
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used
to
impede
county
such
issuance.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
authorizes
Carroll
county,
Clay
county,
and
5
community
colleges
established
under
Code
chapter
260C
to
6
issue
driver’s
licenses,
nonoperator’s
identification
cards,
7
and
persons
with
disabilities
identification
devices
on
a
8
permanent
basis,
provided
that
the
counties
and
community
9
colleges
meet
the
department
of
transportation’s
standards
for
10
issuance.
The
bill
applies
the
rights
and
duties
of
counties
11
under
Code
chapter
321M
(county
issuance
of
driver’s
licenses)
12
to
community
colleges.
In
addition,
the
bill
permits
community
13
colleges
to
collect
civil
penalties
related
to
driver’s
14
license
suspension
and
revocation
under
Code
sections
321.218A,
15
321A.32A,
and
321J.17.
16
Under
current
law,
counties
authorized
to
issue
driver’s
17
licenses
under
Code
chapter
321M
are
also
authorized
to
18
register
persons
to
vote
under
Code
chapter
48A
and
to
19
administer
oaths
and
acknowledge
signatures
under
Code
section
20
321.9.
The
bill
does
not
authorize
community
colleges
to
21
perform
these
activities.
22
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