House File 828 - Introduced HOUSE FILE 828 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 521) (SUCCESSOR TO HSB 102) A BILL FOR An Act relating to commercial driver’s license driving 1 skills tests, providing fees, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1747HZ (2) 89 th/ns
H.F. 828 Section 1. Section 321.145, subsection 2, unnumbered 1 paragraph 1, Code 2021, is amended to read as follows: 2 Revenues derived from trailer registration fees collected 3 pursuant to sections 321.105 and 321.105A , fees charged for 4 driver’s licenses and nonoperator’s identification cards, fees 5 charged for commercial driver’s license driving skills tests 6 pursuant to section 321.187A, fees charged for the issuance 7 of a certificate of title, the certificate of title surcharge 8 collected pursuant to section 321.52A , and revenues credited 9 pursuant to section 423.43, subsection 2 , and section 423C.5 10 shall be deposited in a fund to be known as the statutory 11 allocations fund under the control of the department and 12 credited as follows: 13 Sec. 2. Section 321.186, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. The department may examine every new applicant for a 16 driver’s license or any person holding a valid driver’s license 17 when the department has reason to believe that the person 18 may be physically or mentally incompetent to operate a motor 19 vehicle, or whose driving record appears to the department 20 to justify the examination. The department shall make every 21 effort to accommodate a functionally illiterate applicant when 22 the applicant is taking a knowledge test. The department shall 23 make every effort to have an examiner conduct the commercial 24 driver’s license driving skills tests at other locations in 25 this state where skills may be adequately tested when requested 26 by a person representing ten or more drivers requiring driving 27 skills testing. 28 Sec. 3. Section 321.186, subsection 2, Code 2021, is amended 29 by striking the subsection. 30 Sec. 4. Section 321.187, subsection 2, paragraph a, Code 31 2021, is amended to read as follows: 32 a. The driving skills test is the same as that which 33 would otherwise be administered by the state. The fees for 34 administering a commercial driver’s license driving skills test 35 -1- LSB 1747HZ (2) 89 th/ns 1/ 5
H.F. 828 as provided in sections 321.187A and 321M.6A shall not apply 1 to a driving skills test administered by a third-party tester 2 under this section. 3 Sec. 5. NEW SECTION . 321.187A Commercial driver’s license 4 driving skills tests —— fees. 5 1. The department shall make every effort to accommodate 6 a commercial driver’s license applicant’s need to arrange 7 an appointment for a driving skills test at an established 8 test site other than where the applicant passed the required 9 knowledge test. The department shall report to the governor 10 and the general assembly on any problems, extraordinary costs, 11 and recommendations regarding the appointment scheduling 12 process. 13 2. The department shall make every effort to have an 14 examiner conduct the commercial driver’s license driving skills 15 tests at other locations in this state where skills may be 16 adequately tested when requested by a person representing ten 17 or more drivers requiring driving skills testing. 18 3. a. The driving skills test for a commercial driver’s 19 license shall consist of three parts that must be completed in 20 the following order: 21 (1) The pre-trip vehicle inspection test. 22 (2) The basic vehicle control skills test. 23 (3) The on-road driving skills test. 24 b. If the applicant fails one part of the test, the 25 applicant shall not continue to the next part of the test, in 26 accordance with 49 C.F.R. pt. 383, subpts. E, G, and H. 27 4. The department may charge a scheduling fee not to exceed 28 twenty-five dollars to a commercial driver’s license applicant 29 for the pre-trip vehicle inspection test. The department shall 30 not charge a fee to schedule or administer the basic vehicle 31 control or on-road driving skills tests. 32 5. Fees authorized under this section are nonrefundable. 33 If the applicant fails to appear for the pre-trip vehicle 34 inspection test, the appointment shall be canceled. This 35 -2- LSB 1747HZ (2) 89 th/ns 2/ 5
H.F. 828 section shall not be construed to prohibit an applicant from 1 scheduling a new test appointment upon payment of a new fee. 2 6. All fees authorized in this section are in addition to 3 any other fees imposed by law. 4 7. The department shall remit all fees collected pursuant to 5 this section monthly to the treasurer of state for deposit in 6 the statutory allocations fund. 7 8. The department may adopt rules pursuant to chapter 17A to 8 administer this section. 9 Sec. 6. NEW SECTION . 321M.6A Commercial driver’s license 10 driving skills tests —— fees. 11 1. A county certified to issue commercial driver’s licenses 12 under section 321M.6 may charge any of the following fees 13 to a commercial driver’s license applicant related to the 14 administration of a driving skills test: 15 a. A fee not to exceed twenty-five dollars to administer the 16 pre-trip vehicle inspection test. 17 b. A fee not to exceed twenty-five dollars to administer the 18 basic vehicle control skills test. 19 c. A fee not to exceed twenty-five dollars to administer the 20 on-road driving skills test. 21 2. Fees authorized under this section may be assessed for 22 each test and any fees collected are nonrefundable. The fee 23 to administer the pre-trip vehicle inspection test is due at 24 the time the appointment is scheduled. All other fees are 25 due upon the completion of the test for which the fee was 26 assessed. If the applicant fails to appear for the pre-trip 27 vehicle inspection test, the appointment shall be canceled and 28 no other fees shall be due. If the applicant fails one part of 29 the driving skills test, no fees shall be due for subsequent 30 parts of the test. This section shall not be construed to 31 prohibit an applicant from scheduling a new test appointment 32 upon payment of a new fee. 33 3. All fees authorized in this section are in addition to 34 any other fees imposed by law. 35 -3- LSB 1747HZ (2) 89 th/ns 3/ 5
H.F. 828 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended 1 to read as follows: 2 1. Fees to counties. 3 a. Notwithstanding any other provision in the Code to the 4 contrary, the county treasurer of a county authorized to issue 5 driver’s licenses under this chapter shall retain for deposit 6 in the county general fund seven all of the following: 7 (1) Seven dollars of fees received for each issuance or 8 renewal of driver’s licenses and nonoperator’s identification 9 cards, but shall not retain any moneys for the issuance of any 10 persons with disabilities identification devices. 11 (2) Twenty-five dollars of fees collected for each part of 12 a commercial driver’s license driving skills test pursuant to 13 section 321M.6A. 14 (3) The five dollar processing fee charged by a county 15 treasurer for collection of a civil penalty under section 16 321J.17 shall be retained for deposit in the county general 17 fund . 18 b. The county treasurer shall remit the balance of fees and 19 all civil penalties to the department. 20 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1, 21 2022. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to commercial driver’s license (CDL) 26 driving skills tests. 27 The bill allows the department of transportation (DOT) and 28 any county certified to issue CDLs to charge certain fees 29 for a CDL driving skills test. The DOT is allowed to charge 30 up to $25 to schedule the pre-trip vehicle inspection test. 31 A county is allowed to charge a separate fee not to exceed 32 $25 to administer each of the three parts of the CDL driving 33 skills test, as designated in the bill. The pre-trip vehicle 34 inspection test fee is due to the DOT or county, as applicable, 35 -4- LSB 1747HZ (2) 89 th/ns 4/ 5
H.F. 828 at the time the appointment is scheduled. The fees for the 1 basic vehicle control skills test and the on-road driving 2 skills test are due to the county upon completion of each test. 3 The fees do not apply to driving skills tests administered by 4 third-party testers. 5 Fees collected by the DOT under the bill are deposited in the 6 statutory allocations fund. Fees collected by a county under 7 the bill are retained by the county for deposit in the county 8 general fund. 9 All fees authorized in the bill are in addition to any other 10 fees imposed by law. 11 The bill transfers certain existing provisions relating to 12 CDL tests by the DOT to the new Code section created by the bill 13 for DOT CDL test fees. 14 The bill takes effect January 1, 2022. 15 -5- LSB 1747HZ (2) 89 th/ns 5/ 5