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 TLSB 1764YH (2) 87 ns/nh
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 -1- LSB 1764YH (2) 87 ns/nh 1/ 9
H.F. 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 -2- LSB 1764YH (2) 87 ns/nh 2/ 9
H.F. 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 -3- LSB 1764YH (2) 87 ns/nh 3/ 9
H.F. 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 -4- LSB 1764YH (2) 87 ns/nh 4/ 9
H.F. 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 -5- LSB 1764YH (2) 87 ns/nh 5/ 9
H.F. 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 -6- LSB 1764YH (2) 87 ns/nh 6/ 9
H.F. 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 -7- LSB 1764YH (2) 87 ns/nh 7/ 9
H.F. 116 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 -8- LSB 1764YH (2) 87 ns/nh 8/ 9
H.F. 116 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 -9- LSB 1764YH (2) 87 ns/nh 9/ 9