Senate File 2413 - Introduced SENATE FILE 2413 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3214) A BILL FOR An Act relating to transportation and other 1 infrastructure-related appropriations to the department of 2 transportation, including allocation and use of moneys from 3 the road use tax fund and the primary road fund, providing 4 for other properly related matters, and including effective 5 date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5034SV (3) 87 ns/tm

S.F. 2413 DIVISION I 1 FY 2018–2019 APPROPRIATIONS 2 Section 1. 2017 Iowa Acts, chapter 164, section 3, is 3 amended to read as follows: 4 SEC. 3. ROAD USE TAX FUND. There is appropriated from the 5 road use tax fund created in section 312.1 to the department of 6 transportation for the fiscal year beginning July 1, 2018, and 7 ending June 30, 2019, the following amounts, or so much thereof 8 as is necessary, to be used for the purposes designated: 9 1. For the payment of costs associated with the production 10 of driver’s licenses, as defined in section 321.1, subsection 11 20A : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,938,000 13 3,876,000 14 Notwithstanding section 8.33 , moneys appropriated in this 15 subsection that remain unencumbered or unobligated at the close 16 of the fiscal year shall not revert but shall remain available 17 for expenditure for the purposes specified in this subsection 18 until the close of the succeeding fiscal year. 19 2. For salaries, support, maintenance, and miscellaneous 20 purposes: 21 a. Operations Administrative services : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,350,073 23 6,677,758 24 b. Planning: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 224,770 26 447,822 27 c. Motor vehicles: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,005,103 29 25,962,748 30 d. Performance and technology Strategic performance : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262,670 32 671,369 33 e. Highways: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,233,174 35 -1- LSB 5034SV (3) 87 ns/tm 1/ 13

S.F. 2413 3. For payments to the department of administrative 1 services for utility services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 129,780 3 259,560 4 4. For unemployment compensation: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,500 6 7,000 7 5. For payments to the department of administrative 8 services for paying workers’ compensation claims under chapter 9 85 on behalf of employees of the department of transportation: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,740 11 175,748 12 6. For payment to the general fund of the state for indirect 13 cost recoveries: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,000 15 90,000 16 7. For reimbursement to the auditor of state for audit 17 expenses as provided in section 11.5B : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,659 19 87,318 20 8. For automation, telecommunications, and related costs 21 associated with the county issuance of driver’s licenses and 22 vehicle registrations and titles: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 703,000 24 1,406,000 25 9. For costs associated with the participation in the 26 Mississippi river parkway commission: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 28 40,000 29 10. For costs associated with the traffic and criminal 30 software program and the mobile architecture and communications 31 handling program: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 33 300,000 34 11. For motor vehicle division field facility maintenance 35 -2- LSB 5034SV (3) 87 ns/tm 2/ 13

S.F. 2413 projects at various locations: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 2 300,000 3 For purposes of section 8.33 , unless specifically provided 4 otherwise, moneys appropriated in subsection 11 that remain 5 unencumbered or unobligated shall not revert but shall remain 6 available for expenditure for the purposes designated until 7 the close of the fiscal year that ends three years after the 8 end of the fiscal year for which the appropriation was made. 9 However, if the projects for which the appropriation was 10 made are completed in an earlier fiscal year, unencumbered 11 or unobligated moneys shall revert at the close of that same 12 fiscal year. 13 12. For costs associated with the statewide 14 interoperability network: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 497,191 16 Sec. 2. 2017 Iowa Acts, chapter 164, section 4, is amended 17 to read as follows: 18 SEC. 4. PRIMARY ROAD FUND. There is appropriated from the 19 primary road fund created in section 313.3 to the department of 20 transportation for the fiscal year beginning July 1, 2018, and 21 ending June 30, 2019, the following amounts, or so much thereof 22 as is necessary, to be used for the purposes designated: 23 1. For salaries, support, maintenance, miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 a. Operations Administrative services : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,579,021 28 41,020,512 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 259.00 30 250.00 31 b. Planning: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,270,616 33 8,508,616 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.00 35 -3- LSB 5034SV (3) 87 ns/tm 3/ 13

S.F. 2413 94.00 1 c. Highways: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 122,985,456 3 247,828,001 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,962.00 5 2,056.00 6 d. Motor vehicles: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,213 8 1,081,781 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 395.00 10 281.00 11 e. Performance and technology Strategic performance : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,611,825 13 4,124,123 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 15 41.00 16 2. For payments to the department of administrative 17 services for utility services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 797,220 19 1,594,440 20 3. For unemployment compensation: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,000 22 138,000 23 4. For payments to the department of administrative 24 services for paying workers’ compensation claims under 25 chapter 85 on behalf of the employees of the department of 26 transportation: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,105,762 28 4,217,954 29 5. For disposal of hazardous wastes from field locations and 30 the central complex: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 32 800,000 33 6. For payment to the general fund of the state for indirect 34 cost recoveries: 35 -4- LSB 5034SV (3) 87 ns/tm 4/ 13

S.F. 2413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 330,000 1 660,000 2 7. For reimbursement to the auditor of state for audit 3 expenses as provided in section 11.5B : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 268,191 5 536,382 6 8. For costs associated with producing transportation maps: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 121,000 8 242,000 9 9. For inventory and equipment replacement: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,232,500 11 10,465,000 12 9A. For costs associated with the statewide 13 interoperability network: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,054,172 15 10. For utility improvements at various locations: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 17 400,000 18 11. For roofing projects at various locations: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 20 500,000 21 12. For heating, cooling, and exhaust system improvements 22 at various locations: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,000 24 700,000 25 13. For deferred maintenance projects at field facilities 26 throughout the state: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000 28 1,700,000 29 14. For maintenance projects at rest area facilities 30 throughout the state: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 32 250,000 33 15. For improvements related to compliance with the federal 34 Americans with Disabilities Act to facilities throughout the 35 -5- LSB 5034SV (3) 87 ns/tm 5/ 13

S.F. 2413 state: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 2 150,000 3 16. For renovations to the Waterloo maintenance garage: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 895,000 5 1,790,000 6 For purposes of section 8.33 , unless specifically provided 7 otherwise, moneys appropriated in subsections 10 through 16 8 that remain unencumbered or unobligated shall not revert 9 but shall remain available for expenditure for the purposes 10 designated until the close of the fiscal year that ends 11 three years after the end of the fiscal year for which the 12 appropriation was made. However, if the project or projects 13 for which such appropriation was made are completed in an 14 earlier fiscal year, unencumbered or unobligated moneys shall 15 revert at the close of that same fiscal year. 16 DIVISION II 17 SPECIAL MINOR’S LICENSES 18 Sec. 3. Section 321.194, subsection 1, Code 2018, is amended 19 to read as follows: 20 1. Persons eligible. Upon certification of a special need 21 by the school board, superintendent of the applicant’s school, 22 or principal, if authorized by the superintendent, the The 23 department may issue a class C or M driver’s license to a 24 person between the ages of fourteen and eighteen years if all 25 of the following apply: 26 a. The person’s driving privileges have not been suspended, 27 revoked, or barred under this chapter or chapter 321J during, 28 and the person has not been convicted of a moving traffic 29 violation or involved in a motor vehicle accident for, the 30 six-month period immediately preceding the application for the 31 special minor’s license. 32 b. The person has successfully completed an approved driver 33 education course. However, the completion of a course is not 34 required if the applicant demonstrates to the satisfaction 35 -6- LSB 5034SV (3) 87 ns/tm 6/ 13

S.F. 2413 of the department that completion of the course would impose 1 a hardship upon the applicant. The department shall adopt 2 rules defining the term “hardship” and establish procedures for 3 the demonstration and determination of when completion of the 4 course would impose a hardship upon an applicant. 5 c. The person’s school has certified to the department 6 that the person has a special need for the license pursuant to 7 subsection 3. 8 Sec. 4. Section 321.194, subsection 2, paragraph a, Code 9 2018, is amended to read as follows: 10 a. Permitted operations. The driver’s license entitles 11 the holder licensee , while having the license in immediate 12 possession, to operate a motor vehicle , other than a commercial 13 motor vehicle or as a chauffeur : , during the times and for the 14 purposes set forth in this paragraph. 15 (1) If the licensee attends a public school, the licensee 16 may operate a motor vehicle during the hours of 5:00 a.m. to 17 10:00 p.m. as follows: 18 (a) During the hours of 5:00 a.m. to 10:00 p.m. over Over 19 the most direct and accessible route between the licensee’s 20 residence and schools of enrollment or the closest school bus 21 stop or public transportation service, and between schools of 22 enrollment, for the purpose of attending duly scheduled courses 23 of instruction and extracurricular activities within the school 24 district of enrollment. 25 (2) (b) During the hours of 5:00 a.m. to 10:00 p.m. 26 over Over the most direct and accessible route between the 27 licensee’s residence or school of enrollment and a site, 28 facility, or school that is not the licensee’s school of 29 enrollment , for the purpose of participating in extracurricular 30 activities conducted under a sharing agreement with the 31 licensee’s school of enrollment or conducted at a site , 32 or facility , or school designated by the licensee’s school 33 district for the accommodation of the school’s extracurricular 34 activities, provided the site, facility, or school is within 35 -7- LSB 5034SV (3) 87 ns/tm 7/ 13

S.F. 2413 the licensee’s school district of enrollment or is within a 1 school district contiguous to the licensee’s school district 2 of enrollment. 3 (2) If the licensee attends an accredited nonpublic school, 4 the licensee may operate a motor vehicle during the hours of 5 5:00 a.m. to 10:00 p.m. as follows: 6 (a) Over the most direct and accessible route between 7 the licensee’s residence and schools of enrollment or the 8 closest school bus stop or public transportation service, and 9 between schools of enrollment, for the purpose of attending 10 duly scheduled courses of instruction and extracurricular 11 activities, provided the driving distance between the point of 12 origin and the destination is no more than twenty-five miles. 13 (b) Over the most direct and accessible route between 14 the licensee’s residence or school of enrollment and a site, 15 facility, or school that is not the licensee’s school of 16 enrollment, for the purpose of participating in extracurricular 17 activities conducted at a site, facility, or school designated 18 by the licensee’s school of enrollment for the accommodation of 19 the school’s extracurricular activities, provided the driving 20 distance between the point of origin and the destination is no 21 more than twenty-five miles. 22 (3) To a service station for the purpose of refueling, so 23 long as the service station is the station closest to the route 24 on which the licensee is traveling on under subparagraph (1) 25 or (2). 26 (4) At any time when the licensee is accompanied in 27 accordance with section 321.180B, subsection 1 . 28 Sec. 5. Section 321.194, subsection 3, Code 2018, is amended 29 to read as follows: 30 3. Certification of need and issuance of license. 31 a. Each application shall be accompanied by a statement from 32 the school board, superintendent, or principal, if authorized 33 by the superintendent, of the applicant’s school of enrollment . 34 The statement shall be upon a form provided by the department . 35 -8- LSB 5034SV (3) 87 ns/tm 8/ 13

S.F. 2413 The school board, superintendent, or principal, if authorized 1 by the superintendent, and shall certify that a need exists for 2 the license and that the board, superintendent, or principal 3 authorized by the superintendent person signing the statement 4 is not responsible for actions of the applicant which pertain 5 to the use of the driver’s license. 6 (1) If the applicant attends a public school, the 7 certification shall be made by the school board, superintendent 8 of the applicant’s school, or principal, if authorized by the 9 superintendent. 10 (2) If the applicant attends an accredited nonpublic 11 school, the certification shall be made by the authorities in 12 charge of the accredited nonpublic school or a duly authorized 13 representative of the authorities. 14 b. Upon receipt of a statement of necessity, the department 15 shall issue the driver’s license provided the applicant is 16 otherwise eligible for issuance of the license. The fact that 17 the applicant resides at a distance less than one mile from the 18 applicant’s school of enrollment is prima facie evidence of the 19 nonexistence of necessity for the issuance of a license. 20 c. The school board shall develop and adopt a policy 21 establishing the criteria that the school shall be used 22 by a school district administrator use to approve or deny 23 certification that a need exists for a license. If the school 24 is a public school, the policy shall be developed and adopted 25 by the school board. If the school is an accredited nonpublic 26 school, the policy shall be developed and adopted according 27 to procedures determined by the authorities in charge of the 28 accredited nonpublic school. 29 d. The A student enrolled in a public school may appeal 30 to the school board the decision of a school district 31 administrator to deny certification. A student enrolled in an 32 accredited nonpublic school may appeal the school’s decision to 33 deny certification as permitted by the authorities in charge of 34 the accredited nonpublic school. The decision of the school 35 -9- LSB 5034SV (3) 87 ns/tm 9/ 13

S.F. 2413 board or authorities in charge of the accredited nonpublic 1 school is final. 2 e. The driver’s license shall not be issued for purposes 3 of attending a public school in a school district other than 4 either of the following: 5 a. (1) The district of residence of the parent or guardian 6 of the student. 7 b. (2) A district which is contiguous to the district of 8 residence of the parent or guardian of the student, if the 9 student is enrolled in the public school which is not the 10 school district of residence because of open enrollment under 11 section 282.18 or as a result of an election by the student’s 12 district of residence to enter into one or more sharing 13 agreements pursuant to the procedures in chapter 282 . 14 f. The driver’s license shall not be issued for purposes 15 of attending an accredited nonpublic school if the driving 16 distance between the school and the residence of the parent or 17 guardian of the student is more than twenty-five miles. 18 DIVISION III 19 DEPARTMENT OF TRANSPORTATION EMPLOYEES DESIGNATED AS PEACE 20 OFFICERS 21 Sec. 6. 2017 Iowa Acts, chapter 149, section 4, is amended 22 to read as follows: 23 SEC. 4. REPEAL. The section of this Act amending section 24 321.477 is repealed July 1, 2018 2019 . 25 Sec. 7. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill makes appropriations for FY 2018-2019 from the 31 road use tax fund and the primary road fund to the department 32 of transportation (DOT), and provides for other properly 33 related matters. 34 DIVISION I —— FY 2018-2019 APPROPRIATIONS. Appropriations 35 -10- LSB 5034SV (3) 87 ns/tm 10/ 13

S.F. 2413 from the road use tax fund include appropriations for driver’s 1 license production, administrative services, planning, motor 2 vehicles, strategic performance, highways, utility services 3 provided by the department of administrative services, 4 unemployment and workers’ compensation, indirect cost 5 recoveries, audits, county issuance of driver’s licenses 6 and vehicle registration and titling, participation in the 7 Mississippi river parkway commission, the traffic and criminal 8 software program and the mobile architecture and communications 9 handling program, motor vehicle division field facility 10 maintenance projects, and the statewide interoperability 11 network. 12 Appropriations from the primary road fund include 13 appropriations for administrative services, planning, highways, 14 motor vehicles, strategic performance, utility services 15 provided by the department of administrative services, 16 unemployment and workers’ compensation, hazardous waste 17 disposal, indirect cost recoveries, audits, production of 18 transportation maps, inventory and equipment replacement, the 19 statewide interoperability network, utility improvements, 20 roofing projects, heating, cooling, and exhaust system 21 improvements, deferred maintenance projects at field 22 facilities, maintenance projects at rest area facilities, 23 improvements related to compliance with the federal Americans 24 with Disabilities Act, and renovations to the Waterloo 25 maintenance garage. 26 DIVISION II —— SPECIAL MINOR’S LICENSES. Under current 27 law, upon certification of a special need by the school board, 28 superintendent, or principal authorized by the superintendent, 29 the DOT may issue a class C or M driver’s license to a person 30 between the ages of 14 and 18 years old. The bill allows 31 the authorities in charge of a person’s accredited nonpublic 32 school, or a duly authorized representative of the authorities, 33 to provide the certification of special need. 34 The bill authorizes a person who holds such a license and 35 -11- LSB 5034SV (3) 87 ns/tm 11/ 13

S.F. 2413 attends an accredited nonpublic school to operate a motor 1 vehicle during the hours of 5:00 a.m. to 10:00 p.m. over 2 the most direct and accessible route between the licensee’s 3 residence and schools of enrollment or the closest school bus 4 stop or public transportation service, and between schools 5 of enrollment, for the purpose of attending duly scheduled 6 courses of instruction and extracurricular activities, provided 7 the driving distance between the point of origin and the 8 destination is no more than 25 miles. In addition, the bill 9 authorizes a person who holds such a license and attends 10 an accredited nonpublic school to operate a motor vehicle 11 during the hours of 5:00 a.m. to 10:00 p.m. over the most 12 direct and accessible route between the licensee’s residence 13 or school of enrollment and a site, facility, or school that 14 is not the licensee’s school of enrollment, for the purpose 15 of participating in extracurricular activities conducted at 16 a site, facility, or school designated by the licensee’s 17 school of enrollment for the accommodation of the school’s 18 extracurricular activities, provided the driving distance 19 between the point of origin and the destination is no more than 20 25 miles. By operation of law, a violation of these provisions 21 is punishable by a scheduled fine of $50. 22 Under current law, a school board is required to develop and 23 adopt a policy establishing the criteria to be used by a school 24 district administrator to approve or deny certification that 25 a need exists for a license. The student may appeal to the 26 school board the decision of a school district administrator to 27 deny certification. The decision of the school board is final. 28 The bill requires the authorities in charge of an accredited 29 nonpublic school to develop and adopt a policy establishing 30 the criteria to be used by the authorities to approve or deny 31 certification that a need exists for a license. The bill 32 allows a student enrolled in an accredited nonpublic school to 33 appeal the school’s decision to deny certification as permitted 34 by the authorities in charge of the accredited nonpublic 35 -12- LSB 5034SV (3) 87 ns/tm 12/ 13

S.F. 2413 school. The bill provides that the decision of the authorities 1 in charge of the accredited nonpublic school is final. 2 The bill prohibits the DOT from issuing a driver’s license 3 for purposes of attending an accredited nonpublic school if the 4 driving distance between the school and the residence of the 5 parent or guardian of the student is more than 25 miles. 6 DIVISION III —— DEPARTMENT OF TRANSPORTATION EMPLOYEES 7 DESIGNATED AS PEACE OFFICERS. In 2017, the general assembly 8 amended Code section 321.477 to specify the powers, duties, and 9 limitations of employees of the department of transportation 10 who are designated as peace officers by the department. Under 11 the terms of the legislation, the amended language is set to be 12 repealed effective July 1, 2018. The bill changes the date of 13 the future repeal provision to July 1, 2019. This division of 14 the bill takes effect upon enactment. 15 -13- LSB 5034SV (3) 87 ns/tm 13/ 13