House Study Bill 102 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) 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 1747YC (9) 89 th/ns
H.F. _____ 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 1747YC (9) 89 th/ns 1/ 5
H.F. _____ 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 any of the following fees 28 to a commercial driver’s license applicant related to the 29 administration of a driving skills test: 30 a. A fee not to exceed twenty-five dollars to administer the 31 pre-trip vehicle inspection test. 32 b. A fee not to exceed twenty-five dollars to administer the 33 basic vehicle control skills test. 34 c. A fee not to exceed twenty-five dollars to administer the 35 -2- LSB 1747YC (9) 89 th/ns 2/ 5
H.F. _____ on-road driving skills test. 1 5. Fees authorized under this section may be assessed for 2 each test and any fees collected are nonrefundable. The fee 3 to administer the pre-trip vehicle inspection test is due at 4 the time the appointment is scheduled. All other fees are 5 due upon the completion of the test for which the fee was 6 assessed. If the applicant fails to appear for the pre-trip 7 vehicle inspection test, the appointment shall be canceled and 8 no other fees shall be due. If the applicant fails one part of 9 the driving skills test, no fees shall be due for subsequent 10 parts of the test. This section shall not be construed to 11 prohibit an applicant from scheduling a new test appointment 12 upon payment of a new fee. 13 6. All fees authorized in this section are in addition to 14 any other fees imposed by law. 15 7. The department shall remit all fees collected pursuant to 16 this section monthly to the treasurer of state for deposit in 17 the statutory allocations fund. 18 8. The department may adopt rules pursuant to chapter 17A to 19 administer this section. 20 Sec. 6. NEW SECTION . 321M.6A Commercial driver’s license 21 driving skills tests —— fees. 22 1. A county certified to issue commercial driver’s licenses 23 under section 321M.6 may charge any of the following fees 24 to a commercial driver’s license applicant related to the 25 administration of a driving skills test: 26 a. A fee not to exceed twenty-five dollars to administer the 27 pre-trip vehicle inspection test. 28 b. A fee not to exceed twenty-five dollars to administer the 29 basic vehicle control skills test. 30 c. A fee not to exceed twenty-five dollars to administer the 31 on-road driving skills test. 32 2. Fees authorized under this section may be assessed for 33 each test and any fees collected are nonrefundable. The fee 34 to administer the pre-trip vehicle inspection test is due at 35 -3- LSB 1747YC (9) 89 th/ns 3/ 5
H.F. _____ the time the appointment is scheduled. All other fees are 1 due upon the completion of the test for which the fee was 2 assessed. If the applicant fails to appear for the pre-trip 3 vehicle inspection test, the appointment shall be canceled and 4 no other fees shall be due. If the applicant fails one part of 5 the driving skills test, no fees shall be due for subsequent 6 parts of the test. This section shall not be construed to 7 prohibit an applicant from scheduling a new test appointment 8 upon payment of a new fee. 9 3. All fees authorized in this section are in addition to 10 any other fees imposed by law. 11 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. Fees to counties. 14 a. Notwithstanding any other provision in the Code to the 15 contrary, the county treasurer of a county authorized to issue 16 driver’s licenses under this chapter shall retain for deposit 17 in the county general fund seven all of the following: 18 (1) Seven dollars of fees received for each issuance or 19 renewal of driver’s licenses and nonoperator’s identification 20 cards, but shall not retain any moneys for the issuance of any 21 persons with disabilities identification devices. 22 (2) Twenty-five dollars of fees collected for each part of 23 a commercial driver’s license driving skills test pursuant to 24 section 321M.6A. 25 (3) The five dollar processing fee charged by a county 26 treasurer for collection of a civil penalty under section 27 321J.17 shall be retained for deposit in the county general 28 fund . 29 b. The county treasurer shall remit the balance of fees and 30 all civil penalties to the department. 31 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1, 32 2022. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 1747YC (9) 89 th/ns 4/ 5
H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to commercial driver’s license (CDL) 2 driving skills tests. 3 The bill allows the department of transportation (DOT) and 4 any county certified to issue CDLs to charge certain fees for a 5 CDL driving skills test. The allowed fees include a separate 6 fee not to exceed $25 to administer each of the three parts 7 of the CDL driving skills test, as designated in the bill. 8 The pre-trip vehicle inspection test fee is due at the time 9 the appointment is scheduled. The fees for the basic vehicle 10 control skills test and the on-road driving skills test are due 11 upon completion of each test. The fees do not apply to driving 12 skills tests administered by third-party testers. 13 Fees collected by the DOT under the bill are deposited in the 14 statutory allocations fund. Fees collected by a county under 15 the bill are retained by the county for deposit in the county 16 general fund. 17 All fees authorized in the bill are in addition to any other 18 fees imposed by law. 19 The bill transfers certain existing provisions relating to 20 CDL tests by the DOT to the new Code section created by the bill 21 for DOT CDL test fees. 22 The bill takes effect January 1, 2022. 23 -5- LSB 1747YC (9) 89 th/ns 5/ 5