HF 2406 (LSB 5542YH (6) 89)

HOUSE FILE 2406

BY  DUNWELL

A BILL FOR

An Act relating to increased commercial driver’s license testing by counties, and including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321M.5, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  A county certified to issue commercial driver’s licenses under section 321M.6 may notify the department, in a manner determined by the department, that the county plans to increase commercial driver’s license testing by at least one additional full-time equivalent position. If the county so notifies the department, the county and the department shall execute an addendum to the agreement required under subsection 1, subject to paragraph “d”.
   b.  The addendum shall provide that the department shall pay to the county fifty percent of the total cost of one additional full-time equivalent position designated by the county for the administration of commercial driver’s license driving skills tests. The addendum shall be effective for not more than two years.
   c.  To pay counties under addendums provided for in this subsection, the department shall use moneys appropriated to the department from the road use tax fund for salaries, support, maintenance, and miscellaneous purposes by the general assembly, unless moneys are appropriated to the department by the general assembly for the specific purpose of paying counties under such addendums.
   d.  A county and the department shall not execute more than one addendum under this subsection. The department shall not execute addendums with more than five counties under this subsection.
   e.  This subsection is repealed July 1, 2025.
    Sec. 2.  RETROACTIVE APPLICABILITY.  This Act applies to full-time equivalent positions designated by a county for the administration of commercial driver’s license driving skills tests added by the county on or after July 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of transportation (DOT) and each county participating in county driver’s license issuance must execute a Code chapter 28E agreement detailing the relative responsibilities and liabilities of each party to the agreement.
   This bill allows a county certified to issue commercial driver’s licenses (CDLs) to notify the DOT that the county plans to increase CDL testing by at least one additional full-time equivalent position (FTE). If the county so notifies the DOT, the bill requires the county and the DOT to execute an addendum to the Code chapter 28E agreement.
   Under the addendum, the DOT must pay to the county 50 percent of the total cost of one additional FTE designated by the county for the administration of CDL driving skills tests. The bill prohibits the addendum from being effective for more than two years, prohibits a county and the DOT from executing more than one addendum under the bill, and prohibits the DOT from executing addendums with more than five counties under the bill.
   The bill is repealed July 1, 2025. The bill applies retroactively to FTEs designated by a county for the administration of CDL driving skills tests added by the county on or after July 1, 2021.