House File 635 - Reprinted HOUSE FILE 635 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 538) (SUCCESSOR TO HSB 66) (COMPANION TO SF 397 BY COMMITTEE ON TRANSPORTATION) (As Amended and Passed by the House April 15, 2015 ) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation, providing fees, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 635 (4) 86 ns/nh/md
H.F. 635 DIVISION I 1 AVIATION 2 Section 1. Section 23A.2, subsection 9, Code 2015, is 3 amended to read as follows: 4 9. The state department of transportation may, in 5 accordance with chapter 17A , provide for exemption from 6 the application of subsection 1 for the activities related 7 to highway maintenance, highway design and construction, 8 publication and distribution of transportation maps, state 9 aircraft pool operations, inventory sales to other state 10 agencies and political subdivisions, equipment management and 11 disposal, vehicle maintenance and repair services for other 12 state agencies, and other similar essential operations. 13 Sec. 2. REPEAL. Section 328.38, Code 2015, is repealed. 14 DIVISION II 15 TRANSPORTATION DEPARTMENT AND COMMISSION 16 DEPARTMENT OF TRANSPORTATION 17 Sec. 3. Section 307.8, Code 2015, is amended to read as 18 follows: 19 307.8 Expenses. 20 Members of the commission, the The director , and other 21 employees of the department shall be allowed their actual and 22 necessary expenses incurred in the performance of their duties. 23 All expenses and salaries shall be paid from appropriations for 24 such purposes and the department shall be subject to the budget 25 requirements of chapter 8 . 26 Sec. 4. Section 307.12, subsection 1, paragraphs g and p, 27 Code 2015, are amended to read as follows: 28 g. Appoint the deputy director of transportation and the 29 administrators of within the department. 30 p. Administer chapter 327J Apply for, accept, and expend 31 federal, state, or private funds for the improvement of 32 transportation . 33 Sec. 5. Section 307.12, subsection 1, Code 2015, is amended 34 by adding the following new paragraph: 35 -1- HF 635 (4) 86 ns/nh/md 1/ 41
H.F. 635 NEW PARAGRAPH . q. Coordinate the transportation research 1 activities within the department. 2 Sec. 6. Section 307.12, subsection 2, Code 2015, is amended 3 to read as follows: 4 2. If in the interest of the state, the director may allow a 5 subsistence expense to an employee under the supervision of the 6 department’s administrator for highways responsible for highway 7 programs and activities for continuous stay in one location 8 while on duty away from established headquarters and place 9 of domicile for a period not to exceed forty-five days; and 10 allow automobile expenses in accordance with section 8A.363 , 11 for moving an employee and the employee’s family from place of 12 present domicile to new domicile, and actual transportation 13 expense for moving of household goods. The household goods for 14 which transportation expense is allowed shall not include pets 15 or animals. 16 Sec. 7. Section 307.21, subsection 1, unnumbered paragraph 17 1, Code 2015, is amended to read as follows: 18 The department’s administrator of administrative services 19 responsible for the operations and finances of the department 20 shall: 21 Sec. 8. Section 307.21, subsection 7, Code 2015, is amended 22 to read as follows: 23 7. The administrator of administrative services may 24 purchase items from the department of administrative services 25 and may cooperate with the director of the department of 26 administrative services by providing purchasing services for 27 the department of administrative services. 28 Sec. 9. Section 307.22, Code 2015, is amended to read as 29 follows: 30 307.22 Planning and research programming activities . 31 1. The department’s administrator of responsible for 32 transportation planning and research infrastructure program 33 development shall: 34 a. Assist the director in planning all modes of 35 -2- HF 635 (4) 86 ns/nh/md 2/ 41
H.F. 635 transportation in order to develop an integrated transportation 1 system providing adequate transportation services for all 2 citizens of the state. 3 b. Develop and maintain transportation statistical data for 4 the department. 5 c. Assist the director in establishing, analyzing, and 6 evaluating alternative transportation policies for the state. 7 d. Coordinate planning and research duties and 8 responsibilities with the planning functions carried on by 9 other administrators of the department. 10 e. (1) Annually report by July 1 of each year, for both 11 secondary and farm-to-market systems, miles of earth, granular, 12 and paved surface roads; the daily vehicle miles of travel; 13 and lineal feet of bridge deck under the jurisdiction of each 14 county’s secondary road department, as of the preceding January 15 1, taking into account roads whose jurisdiction has been 16 transferred from the department to a county or from a county 17 to the department during the previous year. The annual report 18 shall include those roads transferred to a county pursuant to 19 section 306.8A . 20 (2) Miles of secondary and farm-to-market roads shall not 21 include those miles of farm-to-market extensions within cities 22 under five hundred population that are placed under county 23 secondary road jurisdiction pursuant to section 306.4 . 24 (3) The annual report of updated road and bridge data of 25 both the secondary and farm-to-market roads shall be submitted 26 to the Iowa county engineers association service bureau. 27 f. Advise and assist the director to study and develop 28 highway transport economics to assure availability and 29 productivity of highway transport services. 30 f. g. Perform such other planning functions as may be 31 assigned by the director. 32 2. The functions function of planning and research do does 33 not include the detailed design of highways or other modal 34 transportation facilities, but are is restricted to the needs 35 -3- HF 635 (4) 86 ns/nh/md 3/ 41
H.F. 635 of this state for multimodal transportation systems. 1 Sec. 10. Section 307.24, Code 2015, is amended to read as 2 follows: 3 307.24 Administration of highways highway programs and 4 activities . 5 The department’s administrator of highways is responsible 6 for the planning responsible for highway programs and 7 activities shall plan , design, construction construct , and 8 maintenance of maintain the state primary highways and shall 9 administer chapters 306 to through 306C, chapters 309 through 10 314, chapters 316 through 318, and chapter 320 and perform 11 other duties as assigned by the director. The administration 12 of highways department shall be : 13 1. Be organized to provide administration assistance for 14 urban systems , for and secondary roads, and to provide other 15 categories of administration assistance as necessary. 16 2. Devise and adopt standard plans of highway construction 17 and furnish the same to the counties and provide information 18 to the counties on the maintenance practices and policies of 19 the department. 20 3. Order the removal or alteration of any lights or 21 light-reflecting devices, whether on public or private 22 property, other than railroad signals or crossing lights, 23 located adjacent to a primary road and within three hundred 24 feet of a railroad crossing at grade, which in any way 25 interfere with the vision of or may be confusing to a person 26 operating a motor vehicle on such primary road in observing 27 the approach of trains or in observing signs erected for the 28 purpose of giving warning of such railroad crossing. 29 4. Order the removal or alteration of any lights or 30 light-reflecting devices, whether on public or private 31 property, located adjacent to a primary road and within 32 three hundred feet of an intersection with another primary 33 road, which in any way interfere with the vision of or may be 34 confusing to a person operating a motor vehicle on such primary 35 -4- HF 635 (4) 86 ns/nh/md 4/ 41
H.F. 635 road in observing the approach of other vehicles or signs 1 erected for the purpose of giving warning of such intersection. 2 5. Construct, reconstruct, improve, and maintain state 3 institutional roads and state park roads which are part of 4 the state park, state institution, and other state land road 5 system as defined in section 306.3, and bridges on such roads, 6 roads located on state fairgrounds as defined in chapter 173, 7 and the roads and bridges located on property of community 8 colleges as defined in section 260C.2, upon the request of the 9 state board, department, or commission which has jurisdiction 10 over such roads. This shall be done in such manner as may be 11 agreed upon by the state transportation commission and the 12 state board, department, or commission which has jurisdiction. 13 The commission may contract with any county or municipality for 14 the construction, reconstruction, improvement, or maintenance 15 of such roads and bridges. Any state park road which is an 16 extension of either a primary or secondary highway which both 17 enters and exits from a state park at separate points shall 18 be constructed, reconstructed, improved, and maintained as 19 provided in section 306.4. Funds allocated from the road 20 use tax fund for the purposes of this subsection shall be 21 apportioned in the following manner and amounts: 22 a. For department of natural resources facility roads, 23 forty-five and one-half percent. 24 b. For department of human services facility roads, six and 25 one-half percent. 26 c. For department of corrections facility roads, five and 27 one-half percent. 28 d. For national guard facility roads, four percent. 29 e. For state board of regents facility roads, thirty 30 percent. 31 f. For state fair board facility roads, two percent. 32 g. For department of administrative services facility roads, 33 one-half percent. 34 h. For department of education facility roads, six percent. 35 -5- HF 635 (4) 86 ns/nh/md 5/ 41
H.F. 635 Sec. 11. Section 307.26, Code 2015, is amended to read as 1 follows: 2 307.26 Rail and water Administration of modal programs and 3 activities . 4 The department’s administrator responsible for rail and 5 water modal programs and activities shall: 6 1. Advise and assist the director in conducting research on 7 the basic railroad problems and identify the present capability 8 of the existing railroads in order to determine the present 9 obligation of the railroads to provide acceptable levels of 10 public service the development of aeronautics, including but 11 not limited to the location of air terminals, accessibility 12 of air terminals by other modes of public transportation, 13 protective zoning provisions considering safety factors, noise, 14 and air pollution, facilities for private and commercial 15 aircraft, air freight facilities, and such other physical and 16 technical aspects as may be necessary to meet present and 17 future needs . 18 2. Advise and assist the director in the study of local and 19 regional transportation of goods and people including intracity 20 and intercity bus systems, dial-a-bus facilities, rural and 21 urban bus and taxi systems, the collection of data from these 22 systems, the study of the feasibility of increased government 23 subsidy assistance and the allocation of such subsidies to each 24 mass transportation system, the study of such other physical 25 and technical aspects which may be necessary to meet present 26 and future needs, and the application for, acceptance of, 27 and expending of federal, state, or private funds for the 28 improvement of mass transit. 29 2. 3. Advise and assist the director in the development 30 of rail transportation systems and programs for expansion of 31 improving passenger and freight services. 32 3. 4. Advise and assist the director in developing programs 33 in anticipation of railroad abandonment, including: 34 a. Development and evaluation of programs which will 35 -6- HF 635 (4) 86 ns/nh/md 6/ 41
H.F. 635 encourage improvement of rail freight and the upgrading of rail 1 lines in order to improve freight service. 2 b. Development of alternative modes of transportation to 3 areas and communities which lose rail service. 4 c. b. Advise Advising the director when it may appear in 5 the best interest of the state to assume the role of advocate 6 in railroad abandonments and railroad rate schedules. 7 4. 5. Develop and maintain a federal-state relationship 8 of programs relating to railroad safety enforcement, track 9 standards, rail equipment, operating rules , and transportation 10 of hazardous materials. 11 6. Make surveys, plans, and estimates of cost for the 12 elimination of danger at railroad crossings on highways, and 13 confer with local and railroad officials with reference to 14 elimination of the danger. 15 5. 7. Advise and assist the director in the conduct of 16 research on railroad-highway grade crossings and encourage 17 and develop a safety program in order to reduce injuries or 18 fatalities including , but not limited to , the following: 19 a. The implementation of a program of constructing rumble 20 strips at grade crossings on selected hard surface roads. 21 b. a. The establishment of standards for warning devices 22 for particularly hazardous crossings or for classes of 23 crossings on highways, which standards are shall be designed 24 to reduce injuries, fatalities , and property damage. Such 25 standards shall regulate the use of warning devices and 26 signs , which shall be in addition to the requirements of 27 section 327G.2 . Implementation of such standards shall be 28 the responsibility of the government agency or department 29 or political subdivision having jurisdiction and control of 30 the highway and such implementation shall be deemed adequate 31 for the purposes of railroad grade crossing protection. The 32 department, or the political subdivision having jurisdiction, 33 may direct the installation of temporary protection while 34 awaiting installation of permanent protection. A railroad 35 -7- HF 635 (4) 86 ns/nh/md 7/ 41
H.F. 635 crossing shall not be found to be particularly hazardous for 1 any purpose unless the department has determined it to be 2 particularly hazardous. 3 c. b. The development and adoption of classifications of 4 crossings on public highways based upon their characteristics, 5 conditions, and hazards, and standards for warning devices, 6 signals, and signs of each crossing classification. The 7 department shall recommend a schedule for implementation 8 of the standards to the government agency, department, or 9 political subdivision having jurisdiction of the highway and 10 shall provide an annual report to the general assembly on the 11 development and adoption of classifications and standards under 12 this paragraph and their implementation, including information 13 about financing installation of warning devices, signals, and 14 signs. The department shall not be liable for the development 15 or adoption of the classifications or standards. A government 16 agency, department, or political subdivision shall not be 17 liable for failure to implement the standards. A crossing 18 warning or improvement installed or maintained pursuant to 19 standards adopted by the department under this paragraph shall 20 be deemed an adequate and appropriate warning for the crossing. 21 6. Apply for, accept, and expend federal, state or private 22 funds for the improvement of rail transportation. 23 7. 8. Advise and assist the director on studies for 24 coordination of railway service with that of other to assure 25 availability, efficiency, and productivity of freight and 26 passenger services and to promote the coordination of service 27 between all transportation modes. 28 8. 9. Advise and assist the director with studies of 29 regulatory changes deemed necessary to effectuate economical 30 and efficient railroad service. 31 9. 10. Advise and assist the director regarding agreements 32 with railroad corporations for the restoration, conservation , 33 or improvement of railroad as defined in section 327D.2, 34 subsection 3 , on such terms, conditions, rates, rentals, or 35 -8- HF 635 (4) 86 ns/nh/md 8/ 41
H.F. 635 subsidy levels as may be in the best interest of the state. 1 The commission may enter into contracts and agreements which 2 are binding only to the extent that appropriations have been 3 or may subsequently be made by the legislature to effectuate 4 the purposes of this subsection . 5 10. 11. Administer chapters 324A, 327C through 327H , 327J, 6 328, 329, and 330 . 7 12. Administer programs and activities in chapters 306D, 8 307C, 308A, and 315. 9 11. 13. Perform such other duties and responsibilities as 10 may be assigned by the director and the commission . 11 12. Advise and assist in the establishment and development 12 of railroad districts upon request. 13 13. Conduct innovative experimental programs relating to 14 rail transportation problems within the state. 15 14. Enter the role of “applicant” pursuant to the Railroad 16 Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 17 94-210, and take such actions as are necessary to accomplish 18 this role. 19 15. Identify those segments of railroad trackage which, if 20 improved, may provide increased transportation services for 21 the citizens of this state. The department shall develop and 22 implement programs to encourage the improvement of rail freight 23 services on such railroad trackage. 24 16. 14. Promote river transportation and coordinate river 25 programs with other transportation modes. 26 17. 15. Advise and assist the director in the development 27 of river transportation and port facilities in the state. 28 Sec. 12. Section 307.27, Code 2015, is amended to read as 29 follows: 30 307.27 Motor vehicles , motor carriers, and drivers . 31 The department’s administrator responsible for the 32 enforcement and regulation of motor carriers, registration of 33 motor vehicles , and licensing of drivers shall: 34 1. Administer and supervise the registration of motor 35 -9- HF 635 (4) 86 ns/nh/md 9/ 41
H.F. 635 vehicles and the licensing of drivers pursuant to chapter 321 . 1 2. Administer and supervise the licensing of motor vehicle 2 manufacturers, distributors , and dealers pursuant to chapter 3 322 . 4 3. Administer the inspection of motor vehicles pursuant to 5 chapter 321 . 6 4. Administer motor vehicle registration reciprocity 7 pursuant to chapter 326 . 8 5. Administer the provisions of chapters 321A , 321E , 321F , 9 and 321J relating to motor vehicle financial responsibility, 10 the implied consent law, the movement of vehicles of excessive 11 size and weight , and the leasing and renting of vehicles. 12 The department shall contract with a third party to act as 13 the department’s designated agent for the administration of 14 a motor vehicle insurance database to verify compliance with 15 the requirements of chapter 321A for a period of four years. 16 The department shall adopt rules relating to the content of 17 the database, a notification schedule for violators of chapter 18 321A, and an administrative reinstatement fee of one hundred 19 dollars that is in addition to any other penalty imposed 20 by law. The department shall also adopt rules, including 21 penalties, requiring each insurer that issues a policy to an 22 owner of a motor vehicle registered or garaged in this state 23 that includes motor vehicle liability coverage, uninsured 24 motorist coverage, or underinsured motorist coverage to submit 25 on the seventh and twenty-first day of each calendar month 26 to the department’s designated agent a record that includes 27 each insured’s name, date of birth, driver’s license number if 28 available, the make, model, year, and vehicle identification 29 number of each insured vehicle, and the policy number and 30 effective date of each policy. 31 6. Administer the regulation of motor vehicle franchisers 32 pursuant to chapter 322A . 33 7. Administer the regulation of motor carriers pursuant to 34 chapter chapters 325A , 326, and 327B . 35 -10- HF 635 (4) 86 ns/nh/md 10/ 41
H.F. 635 8. Administer the registration of interstate authority 1 of motor carriers pursuant to chapter 327B as provided in 49 2 U.S.C. §14504a and United States department of transportation 3 regulations. 4 9. Administer chapters 321C, 321D, 321H, 321L, 321M, and 5 322C. 6 Sec. 13. Section 307.45, Code 2015, is amended to read as 7 follows: 8 307.45 State-owned lands —— assessment. 9 1. Cities and counties may assess the cost of a public 10 improvement against the state when the improvement benefits 11 property owned by the state and under the jurisdiction 12 and control of the department’s administrator of highways 13 department . The director shall pay from the primary road fund 14 the portion of the cost of the improvement which would be 15 legally assessable against the land if privately owned. 16 2. Assessments against property under the jurisdiction of 17 the department’s administrator of highways department shall be 18 made in the same manner as those made against private property, 19 except that the city or county making the assessment shall 20 cause a copy of the public notice of hearing to be mailed to the 21 director by certified mail. 22 3. Assessments against property owned by the state and 23 not under the jurisdiction and control of the department’s 24 administrator of highways department shall be made in the same 25 manner as those made against private property and payment shall 26 be subject to authorization by the executive council. There 27 is appropriated from moneys in the general fund not otherwise 28 appropriated an amount necessary to pay the expense authorized 29 by the executive council. 30 Sec. 14. Section 307.47, subsections 1 and 3, Code 2015, are 31 amended to read as follows: 32 1. The highway materials and equipment revolving fund 33 is created from moneys appropriated out of the primary road 34 fund. From this fund shall be paid all costs for materials 35 -11- HF 635 (4) 86 ns/nh/md 11/ 41
H.F. 635 and supplies, inventoried stock supplies, maintenance and 1 operational costs of equipment, and equipment replacements 2 incurred in the operation of centralized purchasing under the 3 supervision of the department’s administrator of highways 4 administrator responsible for highway programs and activities . 5 Direct salaries and expenses properly chargeable to direct 6 salaries shall be paid from the fund. For each month the 7 director administrator responsible for the operations and 8 finances of the department shall render a statement to each 9 highway unit under the supervision of the administrator 10 of highways for the actual cost of materials and supplies, 11 operational and maintenance costs of equipment, and equipment 12 depreciation used. The expense shall be paid by the 13 administrator of highways responsible for the operations 14 and finances of the department in the same manner as other 15 interdepartmental billings are paid and when the expense is 16 paid by the administrator of highways, the . The sum paid shall 17 be credited to the highway materials and equipment revolving 18 fund. 19 3. When the units under the supervision of the administrator 20 of highways share a highway unit shares equipment with other 21 another administrative units unit of the department, the 22 director shall prorate the costs of the equipment among the 23 administrative units using the equipment. 24 Sec. 15. REPEAL. Sections 307.3, 307.4, 307.5, 307.6, 25 307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2015, 26 are repealed. 27 STATE TRANSPORTATION COMMISSION 28 Sec. 16. NEW SECTION . 307A.1A Transportation commission. 29 1. There is created a state transportation commission which 30 shall consist of seven members, not more than four of whom 31 shall be from the same political party. The governor shall 32 appoint the members of the state transportation commission 33 for a term of four years beginning and ending as provided by 34 section 69.19, subject to confirmation by the senate. 35 -12- HF 635 (4) 86 ns/nh/md 12/ 41
H.F. 635 2. The commission shall meet in May of each year for the 1 purpose of electing one of its members as chairperson. 2 Sec. 17. Section 307A.2, subsections 1 and 2, Code 2015, 3 are amended by striking the subsections and inserting in lieu 4 thereof the following: 5 1. Develop, coordinate, and annually update a comprehensive 6 transportation policy and plan for the state. 7 2. Promote the coordinated and efficient use of all 8 available modes of transportation for the benefit of the state 9 and its citizens including but not limited to the designation 10 and development of multimodal public transfer facilities if 11 carriers or other private businesses fail to develop such 12 facilities. 13 Sec. 18. Section 307A.2, subsections 3, 4, 5, 6, 7, 8, 9, 14 10, and 11, Code 2015, are amended by striking the subsections. 15 Sec. 19. Section 307A.2, subsection 12, Code 2015, is 16 amended to read as follows: 17 12. Prepare, adopt, and cause to be published a long-range 18 program for the primary road system, in conjunction with the 19 state transportation plan adopted by the commission. Such 20 program shall be prepared for a period of at least five years 21 and shall be revised, brought up-to-date, and republished at 22 least once every year in order to have a continuing five-year 23 program. The program shall include, insofar as such estimates 24 can be made, an estimate of the money expected to become 25 available during the period covered by the program and a 26 statement of the construction, maintenance, and other work 27 planned to be performed during such period. The commission 28 shall conduct periodic reinspections of the primary roads in 29 order to revise, from time to time, its estimates of future 30 needs to conform to the physical and service conditions 31 of the primary roads. The commission shall annually cause 32 to be published a sufficiency rating report showing the 33 relative conditions of the primary roads. Before the last 34 day of December of each year, the commission shall adopt and 35 -13- HF 635 (4) 86 ns/nh/md 13/ 41
H.F. 635 cause to be published from its long-range program, a plan of 1 improvements to be accomplished during the next calendar year. 2 However, in years when the federal government is reauthorizing 3 federal highway funding, the commission shall not be required 4 to adopt and publish the annual plan of improvements to be 5 accomplished until at least ninety days from the enactment 6 of the new federal funding formula. This annual program 7 shall list definite projects in order of urgency and shall 8 include a reasonable year’s work with the funds estimated to 9 be available. The annual program shall be final and followed 10 by the commission in the next year except that deviations may 11 be made in case of disaster or other unforeseen emergencies 12 or difficulties. The relative urgency of the proposed 13 improvements shall be determined by a consideration of the 14 physical condition, safety, and service characteristics of the 15 various primary roads. 16 Sec. 20. Section 307A.2, Code 2015, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 15. Approve all rules prior to their 19 adoption by the director pursuant to section 307.12, subsection 20 1, paragraph “j” . 21 Sec. 21. NEW SECTION . 307A.3 Conflict of interest. 22 A person shall not serve as a member of the commission if 23 the person has an interest in a contract or job of work or 24 material or the profits thereof or service to be performed 25 for the department. Any member of the commission who accepts 26 employment with or acquires any stock, bonds, or other 27 interest in any company or corporation doing business with the 28 department shall be disqualified from remaining a member of the 29 commission. 30 Sec. 22. NEW SECTION . 307A.4 Vacancies on commission. 31 Any vacancy in the membership of the commission shall 32 be filled in the same manner as regular appointments are 33 made for the unexpired portion of the regular term. In the 34 event the governor fails to make an appointment to fill a 35 -14- HF 635 (4) 86 ns/nh/md 14/ 41
H.F. 635 vacancy or fails to submit the appointment to the senate for 1 confirmation as required by section 2.32, the senate may make 2 the appointment prior to adjournment of the general assembly. 3 Sec. 23. NEW SECTION . 307A.5 Compensation —— commission 4 members. 5 Each member of the commission shall be compensated as 6 provided in section 7E.6. 7 Sec. 24. NEW SECTION . 307A.6 Commission meetings. 8 The commission shall meet at the call of the chairperson or 9 when any four members of the commission file a written request 10 with the chairperson for a meeting. Written notice of the 11 time and place of each meeting shall be given to each member 12 of the commission. A majority of the commission members shall 13 constitute a quorum. 14 Sec. 25. NEW SECTION . 307A.7 Expenses. 15 Members of the commission shall be allowed their actual and 16 necessary expenses incurred in the performance of their duties. 17 All expenses and salaries shall be paid from appropriations for 18 such purposes and the commission shall be subject to the budget 19 requirements of chapter 8. 20 Sec. 26. NEW SECTION . 307A.8 Removal from office. 21 Any member of the commission may be removed for any of 22 the causes and in the manner provided in chapter 66 and such 23 removal shall not be in lieu of any other punishment that may 24 be prescribed by the laws of this state. 25 CONFORMING AMENDMENTS 26 Sec. 27. Section 173.16, unnumbered paragraph 1, Code 2015, 27 is amended to read as follows: 28 All expenses incurred in maintaining the state fairgrounds 29 and in conducting the annual fair on it the state fairgrounds , 30 including the compensation and expenses of the officers, 31 members, and employees of the board, shall be recorded by the 32 secretary and paid from the state fair receipts, unless a 33 specific appropriation has been provided for that purpose. The 34 board may request special capital improvement appropriations 35 -15- HF 635 (4) 86 ns/nh/md 15/ 41
H.F. 635 from the state and may request emergency funding from the 1 executive council for natural disasters. The board may request 2 that the department of transportation provide maintenance in 3 accordance with section 307A.2 307.24 , subsection 11 5 . 4 Sec. 28. Section 312.2, subsection 2, unnumbered paragraph 5 1, Code 2015, is amended to read as follows: 6 The treasurer of state shall before making the allotments 7 in subsection 1 credit annually to the highway grade crossing 8 safety fund the sum of seven hundred thousand dollars, credit 9 annually from the road use tax fund the sum of nine hundred 10 thousand dollars to the highway railroad grade crossing surface 11 repair fund, credit monthly to the primary road fund the 12 dollars yielded from an allotment of sixty-five hundredths of 13 one percent of all road use tax funds for the express purpose 14 of carrying out section 307A.2 307.24 , subsection 11 5 , section 15 313.4, subsection 2 , and section 307.45 , and credit annually 16 to the primary road fund the sum of five hundred thousand 17 dollars to be used for paying expenses incurred by the state 18 department of transportation other than expenses incurred for 19 extensions of primary roads in cities. All unobligated funds 20 provided by this subsection , except those funds credited to the 21 highway grade crossing safety fund, shall at the end of each 22 year revert to the road use tax fund. Funds in the highway 23 grade crossing safety fund shall not revert to the road use tax 24 fund except to the extent they exceed five hundred thousand 25 dollars at the end of any biennium. The cost of each highway 26 railroad grade crossing repair project shall be allocated in 27 the following manner: 28 Sec. 29. Section 312.4, subsection 5, Code 2015, is amended 29 to read as follows: 30 5. The amount of the road use tax fund which has been 31 credited to carry out the provisions of section 307A.2 307.24 , 32 subsection 11 5 , section 313.4, subsection 2 , and section 33 307.45 . 34 Sec. 30. Section 313.4, subsection 2, Code 2015, is amended 35 -16- HF 635 (4) 86 ns/nh/md 16/ 41
H.F. 635 to read as follows: 1 2. Such fund is also appropriated and shall be used for the 2 construction, reconstruction, improvement and maintenance of 3 state institutional roads and state park roads and bridges on 4 such roads and roads and bridges on community college property 5 as provided in section 307A.2 307.24 , subsection 11 5 , for 6 restoration of secondary roads used as primary road detours and 7 for compensation of counties for such use, for restoration of 8 municipal streets so used and for compensation of cities for 9 such use, and for the payments required in section 307.45 . 10 DIVISION III 11 MOTOR VEHICLES 12 Sec. 31. Section 321.1, subsection 36C, paragraphs b and c, 13 Code 2015, are amended to read as follows: 14 b. “Travel trailer” means a vehicle without motive power 15 used, manufactured, or constructed to permit its use as a 16 conveyance upon the public streets and highways and designed 17 to permit its use as a place of human habitation by one or more 18 persons. The vehicle may be up to eight feet six inches in 19 width and its overall length shall not exceed forty forty-five 20 feet. The vehicle shall be customarily or ordinarily used for 21 vacation or recreational purposes and not used as a place of 22 permanent habitation. If the vehicle is used in this state as 23 a place of human habitation for more than ninety consecutive 24 days in one location it shall be classed as a manufactured or 25 mobile home regardless of the size limitations provided in this 26 paragraph. 27 c. “Fifth-wheel travel trailer” means a type of travel 28 trailer which is towed by a pickup by a connecting device known 29 as a fifth wheel. However, this type of travel trailer may 30 have an overall length which shall not exceed forty forty-five 31 feet. 32 Sec. 32. Section 321.19, subsection 1, unnumbered paragraph 33 2, Code 2015, is amended to read as follows: 34 The department shall furnish, on application, free of 35 -17- HF 635 (4) 86 ns/nh/md 17/ 41
H.F. 635 charge, distinguishing plates for vehicles thus exempted, 1 which plates except plates on state patrol vehicles shall bear 2 the word “official” and the department shall keep a separate 3 record. Registration plates issued for state patrol vehicles, 4 except unmarked patrol vehicles, shall bear two red stars 5 on a yellow background, one before and one following the 6 registration number on the plate, which registration number 7 shall be the officer’s badge number. Registration plates 8 issued for county sheriff’s patrol vehicles shall display one 9 seven-pointed gold star followed by the letter “S” and the call 10 number of the vehicle. However, the director of the department 11 of administrative services or the director of transportation 12 may order the issuance of regular registration plates for 13 any exempted vehicle used by peace officers or federal law 14 enforcement officers in the enforcement of the law, persons 15 enforcing chapter 124 and other laws relating to controlled 16 substances, persons in the department of justice, the alcoholic 17 beverages division of the department of commerce, disease 18 investigators of the Iowa department of public health, the 19 department of inspections and appeals, and the department of 20 revenue, who are regularly assigned to conduct investigations 21 which cannot reasonably be conducted with a vehicle displaying 22 “official” state registration plates, persons who are 23 federal agents or officers regularly assigned to conduct 24 investigations which cannot reasonably be conducted with a 25 vehicle displaying “official” registration plates, persons in 26 the Iowa lottery authority whose regularly assigned duties 27 relating to security or the carrying of lottery tickets cannot 28 reasonably be conducted with a vehicle displaying “official” 29 registration plates, persons in the economic development 30 authority who are regularly assigned duties relating to 31 existing industry expansion or business attraction, and mental 32 health professionals or health care professionals who provide 33 off-site or in-home medical or mental health services to 34 clients of publicly funded programs. For purposes of sale of 35 -18- HF 635 (4) 86 ns/nh/md 18/ 41
H.F. 635 exempted vehicles, the exempted governmental body, upon the 1 sale of the exempted vehicle, may issue for in-transit purposes 2 a pasteboard card bearing the words “Vehicle in Transit”, the 3 name of the official body from which the vehicle was purchased, 4 together with the date of the purchase plainly marked in at 5 least one-inch letters, and other information required by the 6 department. The in-transit card is valid for use only within 7 forty-eight hours after the purchase date as indicated on the 8 bill of sale which shall be carried by the driver. 9 Sec. 33. Section 321.189, subsection 6, Code 2015, is 10 amended to read as follows: 11 6. Licenses issued to persons under age twenty-one. A 12 driver’s license issued to a person under eighteen years of 13 age shall contain the same information as any other driver’s 14 license except that the words “under eighteen” shall appear 15 prominently on the face of the license. A driver’s license 16 issued to a person eighteen years of age or older but less than 17 twenty-one years of age shall contain the same information 18 as any other driver’s license except that the words “under 19 twenty-one” shall appear prominently on the face of the 20 license. Upon attaining the age of eighteen or upon attaining 21 the age of twenty-one, and upon payment of a one ten dollar 22 fee, the person shall be entitled to a new driver’s license 23 or nonoperator’s identification card for the unexpired months 24 of the driver’s license or card. An instruction permit or 25 intermediate license issued under section 321.180B, subsection 26 1 or 2, shall include a distinctive color bar. An intermediate 27 license issued under section 321.180B, subsection 2 , shall 28 include the words “intermediate license” printed prominently on 29 the face of the license. 30 Sec. 34. Section 321.215, Code 2015, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 5. Notwithstanding any provision of 33 this chapter to the contrary, the department may issue a 34 temporary restricted license to a person eligible for a 35 -19- HF 635 (4) 86 ns/nh/md 19/ 41
H.F. 635 temporary restricted license under this section if the person 1 is also eligible for a temporary restricted license under 2 section 321J.20, provided the requirements of each section are 3 satisfied. 4 Sec. 35. Section 321E.29, subsection 2, unnumbered 5 paragraph 1, Code 2015, is amended to read as follows: 6 Annual permits may be issued for vehicles with divisible 7 loads of hay, straw , or stover , or bagged livestock bedding 8 without a finding of special or emergency situations if the 9 movement meets the requirements of this chapter , provided the 10 following limits are not exceeded: 11 Sec. 36. Section 321J.20, Code 2015, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 9. Notwithstanding any provision of 14 this chapter to the contrary, the department may issue a 15 temporary restricted license to a person eligible for a 16 temporary restricted license under this section if the person 17 is also eligible for a temporary restricted license under 18 section 321.215, provided the requirements of each section are 19 satisfied. 20 Sec. 37. Section 321L.2, subsection 3, paragraph b, 21 subparagraph (1), Code 2015, is amended to read as follows: 22 (1) A statement printed on it as follows: “Unauthorized 23 use of this placard as indicated in Iowa Code chapter 321L may 24 result in a fine, invalidation of the placard, or revocation of 25 the right to use the placard. This placard shall be displayed 26 only when the vehicle is parked in a persons with disabilities 27 parking space or in a parking space not designated as a persons 28 with disabilities parking space if a wheelchair parking cone 29 is used pursuant to Iowa Code section 321L.2A .” “Remove from 30 mirror before operating vehicle.” 31 Sec. 38. Section 322.5, subsection 2, paragraph a, 32 subparagraph (2), Code 2015, is amended to read as follows: 33 (2) Display, offer for sale, and negotiate sales of new 34 motor vehicles at fair events, as defined in chapter 174 , the 35 -20- HF 635 (4) 86 ns/nh/md 20/ 41
H.F. 635 state fair, as discussed in chapter 173, vehicle shows, and 1 vehicle exhibitions, upon application for and receipt of a 2 temporary permit issued by the department. Such activities 3 may only be conducted at a fair events event , the state fair, 4 a vehicle shows show , and or a vehicle exhibitions that are 5 exhibition, if the fair event, state fair, vehicle show, or 6 vehicle exhibition is held in the motor vehicle dealer’s 7 community, as defined in section 322A.1 , for the vehicles 8 that are displayed and offered for sale. A sale of a motor 9 vehicle by a motor vehicle dealer shall not be completed and an 10 agreement for the sale of a motor vehicle shall not be signed 11 at a fair event, the state fair, a vehicle show, or a vehicle 12 exhibition. All such sales shall be consummated at the motor 13 vehicle dealer’s principal place of business. 14 Sec. 39. Section 322C.2, subsection 10, Code 2015, is 15 amended to read as follows: 16 10. “Travel trailer” means a vehicle without motive power 17 used or so manufactured or constructed as to permit its being 18 used as a conveyance upon the public streets and highways and 19 designed to permit the vehicle to be used as a place of human 20 habitation by one or more persons. The vehicle may be up to 21 eight feet six inches in width and its overall length shall 22 not exceed forty forty-five feet. “Travel trailer” does not 23 include a vehicle that is so designed as to permit it to be 24 towed exclusively by a motorcycle. 25 Sec. 40. Section 326.14, subsection 3, Code 2015, is amended 26 to read as follows: 27 3. An application for renewal of registration shall 28 be postmarked or received in the office of motor carrier 29 services of the department no later than the last day of the 30 registration expiration month. A five percent late filing 31 penalty equal to five percent of the fees due to the state of 32 Iowa shall be assessed to an application for renewal postmarked 33 or received on or after the first day following the last day 34 of the registration expiration month, with an additional five 35 -21- HF 635 (4) 86 ns/nh/md 21/ 41
H.F. 635 percent penalty assessed the first of each month thereafter 1 until the application is filed. The enforcement deadline 2 for failure to display a registration plate and registration 3 is 12:01 a.m. of the first day following the last day of the 4 registration expiration month. 5 Sec. 41. Section 326.16, subsections 2 and 3, Code 2015, are 6 amended to read as follows: 7 2. A five percent late payment penalty equal to five percent 8 of the fees due to the state of Iowa shall be assessed if an 9 invoice is not paid within thirty days of the invoice date, 10 with an additional five percent penalty assessed the first of 11 each month thereafter until all fees and penalties are paid. 12 In addition, the fees due for registration in this state shall 13 be a debt due to the state of Iowa. 14 3. Failure to receive a renewal notice or an invoice by 15 mail, facsimile transmission, or any other means of delivery 16 does not relieve the registrant of the financial responsibility 17 for the renewal fees, invoiced amount, or accrued penalties. 18 Late penalties calculated by the department in accordance with 19 this chapter shall remain due to the state of Iowa until the 20 fees and penalties are received. 21 Sec. 42. EFFECTIVE DATE. The following provisions of this 22 division of this Act take effect January 1, 2016: 23 1. The section of this Act amending section 326.14. 24 2. The section of this Act amending section 326.16. 25 DIVISION IV 26 RAIL TRANSPORTATION 27 Sec. 43. REPEAL. Sections 327F.14, 327F.18, 327F.19, 28 327F.20, 327F.26, 327F.34, 327F.35, 327G.13, 327G.14, 327G.22, 29 327G.23, 327G.28, and 327H.25, Code 2015, are repealed. 30 DIVISION V 31 COMMERCIAL LEARNER’S PERMITS 32 Sec. 44. Section 321.1, subsections 11 and 20A, Code 2015, 33 are amended to read as follows: 34 11. For purposes of administering and enforcing the 35 -22- HF 635 (4) 86 ns/nh/md 22/ 41
H.F. 635 commercial driver’s license provisions: 1 a. “Commercial driver” means the operator of a commercial 2 motor vehicle. 3 b. “Commercial driver’s license” means a driver’s license 4 valid for the operation of a commercial motor vehicle 5 commercial driver’s license as defined in 49 C.F.R. §383.5 . 6 c. “Commercial driver’s license information system” means 7 the national information system established to serve as a 8 clearinghouse for locating information related to the licensing 9 and identification of commercial motor vehicle drivers. 10 d. “Commercial learner’s permit” means commercial learner’s 11 permit as defined in 49 C.F.R. §383.5. 12 d. e. “Commercial motor carrier” means a person responsible 13 for the safe operation of a commercial motor vehicle. 14 e. f. “Commercial motor vehicle” means a motor vehicle 15 or combination of vehicles used to transport passengers or 16 property if any of the following apply: 17 (1) The combination of vehicles has a gross combination 18 weight rating or gross combination weight, whichever is 19 greater, of twenty-six thousand one or more pounds provided 20 the , including a towed vehicle or vehicles have having a gross 21 weight rating or gross combination vehicle weight rating , 22 whichever is greater, of ten thousand one or more pounds. 23 (2) The motor vehicle has a gross vehicle weight rating 24 or gross vehicle weight, whichever is greater, of twenty-six 25 thousand one or more pounds. 26 (3) The motor vehicle is designed to transport sixteen 27 or more persons, including the operator, or is of a size and 28 design to transport sixteen or more persons, including the 29 operator, but is redesigned or modified to transport less than 30 sixteen persons with disabilities. 31 (4) The motor vehicle is used in the transportation of 32 hazardous material of a type or quantity requiring vehicle 33 placarding. 34 f. g. “Employer” means any person, including the United 35 -23- HF 635 (4) 86 ns/nh/md 23/ 41
H.F. 635 States, a state, the District of Columbia, or a political 1 subdivision of a state, who owns or leases a commercial motor 2 vehicle or assigns an employee to operate such a vehicle. 3 g. h. “Foreign jurisdiction” means a jurisdiction outside 4 the fifty United States , and the District of Columbia , and 5 Canada . 6 h. i. “Nonresident commercial driver’s license” means a 7 commercial driver’s license issued to a person who is not 8 a resident of the United States or Canada domiciled in a 9 foreign jurisdiction meeting the requirements of 49 C.F.R. 10 §383.23(b)(1), or to a person domiciled in another state 11 meeting the requirements of 49 C.F.R. §383.23(b)(2) . 12 j. “Nonresident commercial learner’s permit” means a 13 commercial learner’s permit issued to a person domiciled in 14 a foreign jurisdiction meeting the requirements of 49 C.F.R. 15 §383.23(b)(1), or to a person domiciled in another state 16 meeting the requirements of 49 C.F.R. §383.23(b)(2). 17 i. k. “Tank vehicle” means a commercial motor vehicle 18 that is designed to transport any liquid or gaseous materials 19 within a tank or tanks having an individual rated capacity 20 of more than one hundred nineteen gallons and an aggregate 21 rated capacity of one thousand gallons or more that is either 22 permanently or temporarily attached to the vehicle or chassis. 23 For purposes of this paragraph, “tank” does not include a 24 portable tank with a rated capacity of less than one thousand 25 gallons or a permanent tank with a rated capacity of one 26 hundred nineteen gallons or less. A commercial motor vehicle 27 transporting an empty storage container tank not designed for 28 transportation with a rated capacity of one thousand gallons 29 or more that is temporarily attached to a flatbed trailer is 30 not considered a tank vehicle. 31 20A. “Driver’s license” means any license or permit issued 32 to a person to operate a motor vehicle on the highways of this 33 state, including but not limited to a temporary restricted or 34 temporary license and an instruction, chauffeur’s instruction, 35 -24- HF 635 (4) 86 ns/nh/md 24/ 41
H.F. 635 commercial driver’s instruction learner’s permit , or temporary 1 permit. For purposes of license suspension, revocation, bar, 2 disqualification, cancellation, or denial under this chapter 3 and chapters 321A , 321C , and 321J , “driver’s license” includes 4 any privilege to operate a motor vehicle. 5 Sec. 45. Section 321.12, subsection 2, Code 2015, is amended 6 to read as follows: 7 2. Operating records relating to a person who has been 8 issued a commercial driver’s license or commercial learner’s 9 permit shall be maintained on file in accordance with rules 10 adopted by the department. 11 Sec. 46. Section 321.56, subsection 3, Code 2015, is amended 12 to read as follows: 13 3. For purposes of this section , “commercial motor vehicle” 14 means as defined in section 321.1, subsection 11 , paragraph “e” 15 “f” , subparagraph (2). 16 Sec. 47. Section 321.174, subsections 2 and 3, Code 2015, 17 are amended to read as follows: 18 2. a. A person operating a commercial motor vehicle shall 19 not have more than one driver’s license. A nonresident may 20 operate a commercial motor vehicle in Iowa if the nonresident 21 has been issued a license by another state, a nonresident 22 commercial driver’s license or nonresident commercial learner’s 23 permit , or a driver’s license issued by a foreign jurisdiction 24 which the federal highway administration has determined to be 25 issued in conformity with the federal commercial driver testing 26 and licensing standards, if the license, commercial driver’s 27 license, commercial learner’s permit, or driver’s license is 28 valid for the vehicle operated. 29 b. A person who operates a commercial motor vehicle upon the 30 highways of this state without having been issued a driver’s 31 license valid for the vehicle operated commits a simple 32 misdemeanor. 33 c. A person who operates a commercial motor vehicle upon the 34 highways of this state after the person’s commercial driver’s 35 -25- HF 635 (4) 86 ns/nh/md 25/ 41
H.F. 635 license or commercial learner’s permit has been downgraded to 1 a noncommercial status pursuant to section 321.207 commits a 2 simple misdemeanor. 3 3. A licensee shall have the licensee’s driver’s license 4 in immediate possession at all times when operating a motor 5 vehicle and shall display the same upon demand of a judicial 6 magistrate, district associate judge, district judge, peace 7 officer, or examiner of the department. If the licensee has 8 been issued a commercial learner’s permit, the licensee’s 9 driver’s license includes both the licensee’s commercial 10 learner’s permit and the licensee’s underlying commercial or 11 noncommercial driver’s license. However, a person charged 12 with violating this subsection shall not be convicted and the 13 citation shall be dismissed by the court if the person produces 14 to the clerk of the district court, prior to the licensee’s 15 court date indicated on the citation, a driver’s license issued 16 to that person and valid for the vehicle operated at the time 17 of the person’s arrest or at the time the person was charged 18 with a violation of this section . Upon dismissal, the court or 19 clerk of court shall assess the costs of the action against the 20 defendant named on the citation. 21 Sec. 48. Section 321.177, subsection 8, Code 2015, is 22 amended to read as follows: 23 8. To any person to operate a commercial motor vehicle 24 unless the person is eighteen years of age or older and the 25 person qualifies under federal and state law to be issued a 26 commercial driver’s license or commercial learner’s permit in 27 this state. 28 Sec. 49. Section 321.180, subsection 2, Code 2015, is 29 amended by striking the subsection and inserting in lieu 30 thereof the following: 31 2. a. The department shall adopt rules to administer 32 commercial learner’s permits in compliance with the procedures 33 set forth in 49 C.F.R. §383.73. An applicant for a commercial 34 learner’s permit must hold a valid class A, B, C, or D driver’s 35 -26- HF 635 (4) 86 ns/nh/md 26/ 41
H.F. 635 license issued in this state, must be at least eighteen years 1 of age, and must meet the qualifications to obtain a valid 2 commercial driver’s license, including the requirements set 3 forth in section 321.188, except for the required driving 4 skills test. 5 b. A commercial learner’s permit shall be a separate 6 document from a commercial or noncommercial driver’s license. 7 A person operating a vehicle pursuant to a commercial learner’s 8 permit shall have both the commercial learner’s permit and the 9 commercial or noncommercial driver’s license issued to the 10 person within the person’s possession. 11 c. A commercial learner’s permit shall be valid for a period 12 not to exceed one hundred eighty days. A commercial learner’s 13 permit may be renewed for an additional one hundred eighty days 14 without retaking the general and endorsement knowledge tests 15 required by section 321.188. 16 d. A commercial learner’s permit shall be valid for the 17 operation of a commercial motor vehicle only when the permit 18 holder is accompanied by a holder of a valid commercial 19 driver’s license with the proper commercial driver’s license 20 group designation and endorsements necessary to operate the 21 commercial motor vehicle, and who is at all times physically 22 present in the front passenger seat of the vehicle, or in the 23 case of a passenger vehicle, directly behind or in the first 24 row behind the permit holder in a position to directly observe 25 and supervise the permit holder. 26 (1) When a commercial learner’s permit is issued to the 27 holder of a commercial driver’s license, this paragraph “d” 28 only applies to the operation of a commercial motor vehicle for 29 which the permit holder’s commercial driver’s license is not 30 valid. 31 (2) When a commercial learner’s permit is issued to the 32 holder of a noncommercial driver’s license, this paragraph “d” 33 only applies to the operation of a commercial motor vehicle. 34 e. The issuance of a commercial learner’s permit is a 35 -27- HF 635 (4) 86 ns/nh/md 27/ 41
H.F. 635 precondition to the initial issuance of a commercial driver’s 1 license. The issuance of a commercial learner’s permit is also 2 a precondition to the upgrade of a commercial driver’s license 3 if the upgrade requires a driving skills test. The holder of a 4 commercial learner’s permit is not eligible to take a driving 5 skills test required by section 321.188 for the first fourteen 6 days after the permit holder is issued the permit. 7 f. A commercial learner’s permit is not valid for the 8 operation of a vehicle transporting hazardous materials as 9 defined in 49 C.F.R. §383.5. 10 Sec. 50. Section 321.180, subsection 4, Code 2015, is 11 amended to read as follows: 12 4. The instruction permit, chauffeur’s instruction permit, 13 and commercial driver’s instruction learner’s permit are 14 subject to suspension or revocation for the same reasons and 15 in the same manner as suspension or revocation of a driver’s 16 license. 17 Sec. 51. Section 321.182, subsection 3, Code 2015, is 18 amended to read as follows: 19 3. Certify that the applicant has no other driver’s license 20 and certify that the applicant is a resident of this state 21 as provided in section 321.1A . However, certification of 22 residency is not required for an applicant for a nonresident 23 commercial driver’s license who is a foreign national 24 temporarily present in this state, as determined by the 25 department or nonresident commercial learner’s permit . 26 Sec. 52. Section 321.188, subsections 1 and 6, Code 2015, 27 are amended to read as follows: 28 1. The department shall adopt rules to administer 29 commercial driver’s licenses in compliance with the procedures 30 set forth in 49 C.F.R. §383.73. Before the department issues, 31 renews, or upgrades a commercial driver’s license and in 32 addition to the requirements of section 321.182 , the license 33 applicant shall do all of the following: 34 a. Certify whether the applicant is subject to and meets 35 -28- HF 635 (4) 86 ns/nh/md 28/ 41
H.F. 635 applicable driver qualifications of 49 C.F.R. pt. 391 as 1 adopted by rule by the department. 2 b. Certify the applicant is not subject to any commercial 3 driver’s license disqualification and has committed no 4 offense and has not acted in a manner which either alone or 5 with previous actions or offenses could result in commercial 6 driver’s license disqualification. 7 c. Successfully pass knowledge tests and driving skills 8 tests, provide self-certification of type of driving, and 9 provide a medical examiner’s certificate prepared by a medical 10 examiner, as defined in 49 C.F.R. §390.5, and provide all other 11 required information, proofs, and certificates, as required by 12 rule by the department. The rules adopted shall substantially 13 comply with the federal minimum testing and licensing 14 requirements in 49 C.F.R. pt. 383, subpts. E, G, and H, as 15 adopted by rule by the department. Except as required under 16 49 C.F.R. pt. 383, subpt. E, G, or H, a commercial driver’s 17 license is renewable without a driving skills test within one 18 year after its expiration date. 19 d. Certify the vehicle to be operated in the driving skills 20 tests represents the largest class of vehicle is representative 21 of the class of motor vehicle the applicant will operate on the 22 highway. 23 e. Certify that the applicant is a resident of Iowa or a 24 resident of a foreign jurisdiction. 25 f. Identify all states where the applicant has been licensed 26 to drive any type of motor vehicle during the previous ten 27 years. 28 6. a. The department may waive the requirement that an 29 applicant pass a driving skills test specified in this section 30 for an applicant who is on active duty in the military service, 31 or who has separated from such service in the last ninety 32 days past year , who certifies that during the two-year period 33 immediately preceding application for a commercial driver’s 34 license, all of the following apply: 35 -29- HF 635 (4) 86 ns/nh/md 29/ 41
H.F. 635 (1) The applicant has not had more than one driver’s 1 license, other than a military license. 2 (2) The applicant has not had any driver’s license 3 suspended, revoked, or canceled. 4 (3) The applicant has not been convicted of an offense 5 committed while operating any type of motor vehicle that is 6 listed as a disqualifying offense in 49 C.F.R. §383.51(b). 7 (4) The applicant has not had more than one conviction for 8 an offense committed while operating any type of motor vehicle 9 that is listed as a serious traffic violation in 49 C.F.R. 10 §383.51(c). 11 (5) The applicant has not had a conviction for a violation 12 of a military, state , or local law relating to motor vehicle 13 traffic control, other than a parking violation, arising in 14 connection with any traffic accident and has no record of a 15 traffic accident in which the applicant was at fault. 16 b. An applicant for a waiver of the driving skills test 17 under this subsection shall certify and provide evidence as 18 required by the department that the following apply: 19 (1) The applicant is regularly employed or was regularly 20 employed within the last ninety days past year in a military 21 position requiring operation of a commercial motor vehicle. 22 (2) The applicant was exempt from commercial driver 23 licensing requirements pursuant to section 321.176A, subsection 24 3 , or a comparable law of another state implementing 49 C.F.R. 25 §383.3(c). 26 (3) The applicant was operating a motor vehicle 27 representative of the class of motor vehicle the applicant 28 operates or expects to operate for at least two years 29 immediately preceding honorable separation from military 30 service as evidenced by the person’s certificate of release or 31 discharge from active duty, commonly referred to as a DD214. 32 c. An applicant who obtains a driving skills test waiver 33 under this subsection shall take and successfully pass the 34 knowledge test required pursuant to subsection 1 . 35 -30- HF 635 (4) 86 ns/nh/md 30/ 41
H.F. 635 Sec. 53. Section 321.189, subsection 2, paragraph b, Code 1 2015, is amended to read as follows: 2 b. A commercial driver’s license shall include the 3 licensee’s address as required under federal regulations, and 4 the words “commercial driver’s license” or “CDL” shall appear 5 prominently on the face of the license. A commercial learner’s 6 permit shall include the permit holder’s address as required 7 under federal regulations, and the words “commercial learner’s 8 permit” or “CLP” with a statement that the permit is invalid 9 unless accompanied by the permit holder’s underlying driver’s 10 license shall appear prominently on the face of the permit. If 11 the applicant is a nonresident, the license must conspicuously 12 display the word “nonresident” “nondomiciled” . 13 Sec. 54. Section 321.191, subsections 1, 4, 7, and 9, Code 14 2015, are amended to read as follows: 15 1. Instruction permits. The fee for an instruction 16 permit, other than a special instruction permit, chauffeur’s 17 instruction permit, or commercial driver’s instruction 18 learner’s permit, is six dollars. The fee for a special 19 instruction permit is ten dollars. The fee for a chauffeur’s 20 instruction permit or commercial driver’s instruction learner’s 21 permit is twelve dollars. 22 4. Commercial driver’s licenses. The fee for a commercial 23 driver’s license, other than an instruction a commercial 24 learner’s permit, for the operation of a commercial motor 25 vehicle is eight dollars per year of license validity. 26 7. Endorsements and removal of air brake restrictions. The 27 fee for a double/triple trailer endorsement, tank vehicle 28 endorsement, and or hazardous materials endorsement is 29 five dollars for each endorsement. The fee for a passenger 30 endorsement or a school bus endorsement is ten dollars. The 31 fee for removal of an air brake , full air brake, manual 32 transmission, tractor-trailer, or passenger vehicle restriction 33 on a commercial driver’s license or commercial learner’s 34 permit is ten dollars. Fees imposed under this subsection 35 -31- HF 635 (4) 86 ns/nh/md 31/ 41
H.F. 635 for endorsements or removal of restrictions are valid for the 1 period of the license. Upon renewal of a commercial driver’s 2 license, no fee is payable for retaining endorsements or the 3 removal of the air brake a restriction for those endorsements 4 or restrictions which do not require the taking of either a 5 knowledge or a driving skills test for renewal. 6 9. Upgrading a license class privilege —— fee adjustment. 7 a. If an applicant wishes to upgrade a license class 8 privilege, the fee charged shall be prorated on full-year 9 fee increments of the new license in accordance with rules 10 adopted by the department. The expiration date of the new 11 license shall be the expiration date of the currently held 12 driver’s license. The fee for a commercial driver’s license 13 endorsement, the removal of an air brake a restriction, or a 14 commercial driver’s license instruction learner’s permit shall 15 not be prorated. 16 b. As used in this subsection “to upgrade a license class 17 privilege” means to add any privilege to a valid driver’s 18 license. The addition of a privilege includes converting 19 from a noncommercial to a commercial license, converting from 20 a noncommercial class C to a class D license, converting an 21 instruction or learner’s permit to a class license, adding any 22 privilege to a section 321.189, subsection 7 , license, adding 23 an instruction or learner’s permit privilege, adding a section 24 321.189, subsection 7 , license to an instruction or learner’s 25 permit, and adding any privilege relating to a driver’s license 26 issued to a minor under section 321.194 or 321.178 . 27 Sec. 55. Section 321.196, subsections 1 and 4, Code 2015, 28 are amended to read as follows: 29 1. Except as otherwise provided, if the licensee is between 30 the ages of seventeen years eleven months and seventy-two years 31 on the date of issuance of the license, a driver’s license, 32 other than an instruction permit, chauffeur’s instruction 33 permit, or commercial driver’s instruction learner’s permit 34 issued under section 321.180 , expires eight years from the 35 -32- HF 635 (4) 86 ns/nh/md 32/ 41
H.F. 635 licensee’s birthday anniversary occurring in the year of 1 issuance, but not to exceed the licensee’s seventy-fourth 2 birthday. If the licensee is under the age of seventeen 3 years eleven months or age seventy-two or over, the license 4 is effective for a period of two years from the licensee’s 5 birthday anniversary occurring in the year of issuance. A 6 licensee whose license is restricted due to vision or other 7 physical deficiencies may be required to renew the license 8 every two years. If a licensee is a foreign national who is 9 temporarily present in this state, the license shall be issued 10 only for the length of time the foreign national is authorized 11 to be present as verified by the department, not to exceed two 12 years. 13 4. The department in its discretion may authorize the 14 renewal of a valid driver’s license other than a commercial 15 driver’s license or commercial learner’s permit upon 16 application without an examination provided that the applicant 17 meets one of the following conditions: 18 a. The applicant satisfactorily passes a vision test as 19 prescribed by the department. 20 b. The applicant files a vision report in accordance with 21 section 321.186A which shows that the applicant’s visual acuity 22 level meets or exceeds those required by the department. 23 c. The applicant is eligible for license renewal 24 electronically, pursuant to rules adopted by the department. 25 An applicant shall not be eligible for electronic renewal of 26 a driver’s license if the most recent previous renewal of the 27 applicant’s driver’s license occurred electronically. 28 Sec. 56. Section 321.201, subsection 2, Code 2015, is 29 amended to read as follows: 30 2. a. Upon cancellation of a commercial driver’s license or 31 commercial learner’s permit for providing false information or 32 committing fraud in the application, the applicant shall not 33 operate a commercial motor vehicle in this state and shall not 34 be issued a license valid to operate a commercial motor vehicle 35 -33- HF 635 (4) 86 ns/nh/md 33/ 41
H.F. 635 for a period of sixty days. 1 b. The department shall disqualify the commercial driver’s 2 license or commercial learner’s permit of a person convicted or 3 suspected of fraud related to the testing for or issuance of 4 a commercial driver’s license or commercial learner’s permit. 5 The department shall adopt rules to administer this paragraph 6 that substantially comply with 49 C.F.R. §383.73(k). 7 Sec. 57. Section 321.204, subsection 2, Code 2015, is 8 amended to read as follows: 9 2. The department shall notify the commercial driver’s 10 license information system and the commercial motor vehicle 11 administrator in the licensing state, if applicable, of the 12 disqualification of a commercial driver within ten days of any 13 of the following: 14 a. The disqualification of the commercial driver under 15 section 321.201 or section 321.208 if the disqualification is 16 for sixty days or more. 17 b. The suspension or revocation of a commercial driver’s 18 license or commercial learner’s permit if the suspension or 19 revocation is for sixty days or more. 20 c. The cancellation of a commercial driver’s license or 21 commercial learner’s permit . 22 Sec. 58. Section 321.206, Code 2015, is amended to read as 23 follows: 24 321.206 Surrender of license —— duty of court. 25 If a person is convicted in court of an offense for which 26 this chapter requires mandatory revocation of the person’s 27 driver’s license or, if the person’s license is a commercial 28 driver’s license or commercial learner’s permit and the 29 conviction disqualifies the person from operating a commercial 30 motor vehicle, the court shall require the person to surrender 31 the driver’s license held by the person and the court shall 32 destroy the license or forward the license together with a 33 record of the conviction to the department as provided in 34 section 321.491 . 35 -34- HF 635 (4) 86 ns/nh/md 34/ 41
H.F. 635 Sec. 59. Section 321.207, Code 2015, is amended to read as 1 follows: 2 321.207 Downgrade of commercial driver’s license or 3 commercial learner’s permit . 4 The department shall adopt rules for downgrading a 5 commercial driver’s license or commercial learner’s permit to 6 a noncommercial status upon a driver’s failure to provide a 7 medical examiner’s certificate as required pursuant to section 8 321.188, subsection 1 , paragraph “c” , or upon a driver’s failure 9 to provide a self-certification of type of driving as required 10 pursuant to section 321.188, subsection 1 , paragraph “c” . The 11 rules shall substantially comply with 49 C.F.R. §383.71 and 12 383.73, as adopted by rule by the department. 13 Sec. 60. Section 321.208, subsection 1, paragraph b, Code 14 2015, is amended to read as follows: 15 b. Operating a commercial motor vehicle when, as a result 16 of prior violations committed while operating a commercial 17 motor vehicle, the person’s commercial driver’s license or 18 commercial learner’s permit is revoked, suspended, or canceled 19 or the person is disqualified from operating a commercial motor 20 vehicle. 21 Sec. 61. Section 321.208, subsection 2, unnumbered 22 paragraph 1, Code 2015, is amended to read as follows: 23 A person is disqualified from operating a commercial motor 24 vehicle for one year upon a conviction or final administrative 25 decision that the person has committed any of the following 26 acts or offenses in any state or foreign jurisdiction while 27 operating a commercial motor vehicle or while operating a 28 noncommercial motor vehicle and holding a commercial driver’s 29 license or commercial learner’s permit : 30 Sec. 62. Section 321.208, subsections 3, 5, and 6, Code 31 2015, are amended to read as follows: 32 3. A person is disqualified from operating a commercial 33 motor vehicle for three years if an act or offense described 34 in subsection 1 or 2 occurred while the person was operating 35 -35- HF 635 (4) 86 ns/nh/md 35/ 41
H.F. 635 a commercial motor vehicle transporting hazardous material of 1 a type or quantity requiring vehicle placarding materials as 2 defined in 49 C.F.R. §383.5 . 3 5. A person is disqualified from operating a commercial 4 motor vehicle for life upon a conviction that the person used a 5 commercial or noncommercial motor vehicle in the commission of 6 a felony or aggravated misdemeanor involving the manufacturing, 7 distributing, or dispensing of a controlled substance as 8 defined in section 124.101 . A person is disqualified from 9 operating a commercial motor vehicle for life upon a conviction 10 that the person used a noncommercial motor vehicle in the 11 commission of a felony or aggravated misdemeanor involving the 12 manufacturing, distributing, or dispensing of a controlled 13 substance as defined in section 124.101 and held a commercial 14 driver’s license or commercial learner’s permit at the time the 15 offense was committed. 16 6. A person is disqualified from operating a commercial 17 motor vehicle if the person receives convictions for committing 18 within any three-year period two or more of the following 19 offenses while operating a commercial motor vehicle, or 20 while operating a noncommercial motor vehicle and holding a 21 commercial driver’s license or commercial learner’s permit 22 if the convictions result in the revocation, cancellation, 23 or suspension of the person’s commercial driver’s license , 24 commercial learner’s permit, or noncommercial motor vehicle 25 driving privileges: 26 a. Operating a commercial motor vehicle upon a highway 27 when not issued a commercial driver’s license or commercial 28 learner’s permit . 29 b. Operating a commercial motor vehicle upon a highway when 30 not issued the proper class of commercial driver’s license , 31 commercial learner’s permit, or endorsements for the specific 32 vehicle group being operated or for the passengers or type of 33 cargo being transported. 34 c. Operating a commercial motor vehicle upon a highway 35 -36- HF 635 (4) 86 ns/nh/md 36/ 41
H.F. 635 without immediate possession of a commercial driver’s license 1 or commercial learner’s permit valid for the vehicle operated. 2 d. Speeding fifteen miles per hour or more over the legal 3 speed limit. 4 e. Reckless driving. 5 f. Any violation of the traffic laws, except a parking 6 violation or a vehicle weight violation, which arises in 7 connection with a fatal traffic accident. 8 g. Following another motor vehicle too closely. 9 h. Improper lane changes in violation of section 321.306 . 10 i. Violating a state or local law or ordinance on motor 11 vehicle traffic control prohibiting texting while driving a 12 commercial motor vehicle. 13 j. Violating a state or local law or ordinance on motor 14 vehicle traffic control restricting or prohibiting the use of 15 a hand-held mobile telephone while driving a commercial motor 16 vehicle. 17 Sec. 63. Section 321.208, subsection 9, paragraph b, Code 18 2015, is amended to read as follows: 19 b. For one year upon conviction for the first violation 20 and for not less than three years and not more than five years 21 upon conviction for a second or subsequent violation of an 22 out-of-service order while transporting hazardous materials 23 required to be placarded as defined in 49 C.F.R. §383.5 , 24 or while operating a commercial motor vehicle designed to 25 transport more than fifteen passengers including the driver. 26 Sec. 64. Section 321.208, subsection 12, paragraph b, Code 27 2015, is amended to read as follows: 28 b. The effective date of disqualification shall be thirty 29 days after notification. Immediate notice of disqualification 30 may be served on a person operating a commercial motor vehicle 31 who refused to submit to a test or whose test results indicate 32 an alcohol concentration of 0.04 or more by the peace officer 33 administering the chemical test or, notwithstanding chapter 34 17A , the department may notify the person by first class 35 -37- HF 635 (4) 86 ns/nh/md 37/ 41
H.F. 635 mail. If immediate notice is served, the peace officer shall 1 take the commercial driver’s license or commercial learner’s 2 permit of the driver, if issued within the state, and issue a 3 temporary commercial driver’s license or commercial learner’s 4 permit effective for only thirty days. The peace officer shall 5 immediately send the person’s commercial driver’s license or 6 commercial learner’s permit to the department in addition to 7 the officer’s certification required by this subsection . 8 Sec. 65. Section 321.208, subsection 13, Code 2015, is 9 amended to read as follows: 10 13. Upon notice, the disqualified person shall surrender 11 the person’s commercial driver’s license or commercial 12 learner’s permit to the department and the department may issue 13 a driver’s license valid only to operate a noncommercial motor 14 vehicle upon payment of a one dollar the fee for a replacement 15 driver’s license under section 321.195 . The department shall 16 notify the commercial driver’s license information system 17 of the disqualification if required to do so under section 18 321.204 . 19 Sec. 66. Section 321.208A, subsection 1, Code 2015, is 20 amended to read as follows: 21 1. A person required to hold a commercial driver’s license 22 or commercial learner’s permit to operate a commercial motor 23 vehicle shall not operate a commercial motor vehicle on the 24 highways of this state in violation of an out-of-service order 25 issued by a peace officer for a violation of the out-of-service 26 rules adopted by the department. A driver who violates an 27 out-of-service order commits a simple misdemeanor and shall 28 be subject to a fine of not less than two thousand five 29 hundred dollars upon conviction for the first violation of an 30 out-of-service order and not less than five thousand dollars 31 for a second or subsequent violation of an out-of-service order 32 in separate incidents within a ten-year period. 33 Sec. 67. Section 321.215, subsection 4, Code 2015, is 34 amended to read as follows: 35 -38- HF 635 (4) 86 ns/nh/md 38/ 41
H.F. 635 4. The temporary restricted license is not valid to operate 1 a commercial motor vehicle if a commercial driver’s license 2 or commercial learner’s permit is required for the person’s 3 operation of the commercial motor vehicle. 4 Sec. 68. Section 321.218, subsection 4, Code 2015, is 5 amended to read as follows: 6 4. A person who operates a commercial motor vehicle upon 7 the highways of this state when disqualified from operating the 8 commercial motor vehicle under section 321.208 or the imminent 9 hazard provisions of 49 C.F.R. §383.52 commits a serious 10 misdemeanor if a commercial driver’s license or commercial 11 learner’s permit is required for the person to operate the 12 commercial motor vehicle. 13 Sec. 69. Section 321J.1, subsection 7, Code 2015, is amended 14 to read as follows: 15 7. “Driver’s license” means any license or permit issued 16 to a person to operate a motor vehicle on the highways of this 17 state, including but not limited to a driver’s, commercial 18 driver’s, temporary restricted, or temporary license and an 19 instruction, chauffeur’s instruction, commercial driver’s 20 instruction learner’s , or temporary permit. 21 Sec. 70. Section 321J.8, subsection 1, paragraph c, 22 subparagraph (2), Code 2015, is amended to read as follows: 23 (2) If the person is operating a noncommercial motor 24 vehicle and holding a commercial driver’s license or commercial 25 learner’s permit as defined in section 321.1 and either refuses 26 to submit to the test or submits to the test and the results 27 indicate the presence of a controlled substance or other drug 28 or an alcohol concentration equal to or in excess of the level 29 prohibited by section 321J.2 , the person is disqualified from 30 operating a commercial motor vehicle for the applicable period 31 under section 321.208 in addition to any revocation of the 32 person’s driver’s license or nonresident operating privilege 33 which may be applicable under this chapter . 34 Sec. 71. Section 321J.13, subsection 6, paragraph c, Code 35 -39- HF 635 (4) 86 ns/nh/md 39/ 41
H.F. 635 2015, is amended to read as follows: 1 c. Such a holding by the court in the criminal action is 2 binding on the department, and the department shall rescind 3 the revocation. If the offense for which the revocation 4 was imposed was committed while the person was operating a 5 noncommercial motor vehicle and holding a commercial driver’s 6 license or commercial learner’s permit and the department 7 disqualified the person from operating a commercial motor 8 vehicle under section 321.208, subsection 2 , paragraph “a” or 9 “b” , as a result of the revocation, the department shall also 10 rescind the disqualification. 11 Sec. 72. Section 321J.20, subsection 5, Code 2015, is 12 amended to read as follows: 13 5. A person holding a temporary restricted license issued 14 by the department under this section shall not operate a 15 commercial motor vehicle on a highway if a commercial driver’s 16 license or commercial learner’s permit is required for the 17 person’s operation of the commercial motor vehicle. 18 Sec. 73. Section 321M.1, subsections 1 and 5, Code 2015, are 19 amended to read as follows: 20 1. “Commercial driver’s license” means a driver’s license 21 valid for the operation of a commercial motor vehicle, 22 including a commercial learner’s permit, as regulated by 23 chapter 321 . 24 5. “Driver’s license” means any license or permit issued 25 to a person to operate a motor vehicle on the highways of this 26 state, including but not limited to a driver’s, commercial 27 driver’s, temporary restricted, or temporary license and an 28 instruction, chauffeur’s instruction, commercial driver’s 29 instruction learner’s , or temporary permit. 30 Sec. 74. EMERGENCY RULES. The department of transportation 31 may adopt rules on an emergency basis as provided in section 32 17A.4, subsection 3, and section 17A.5, subsection 2, 33 paragraph “b”, to implement the provisions of this division 34 of this Act relating to the department’s administration of 35 -40- HF 635 (4) 86 ns/nh/md 40/ 41
H.F. 635 commercial learner’s permits and commercial driver’s licenses 1 in compliance with the procedures set forth in 49 C.F.R. 2 §383.73 pursuant to this division of this Act, and the rules 3 shall be effective immediately upon filing unless a later 4 date is specified in the rules. Any emergency rule adopted 5 in accordance with this section shall also be published as 6 a notice of intended action as provided in section 17A.4, 7 subsection 1. 8 Sec. 75. EFFECTIVE UPON ENACTMENT. The provisions of this 9 division of this Act relating to emergency rules, being deemed 10 of immediate importance, take effect upon enactment. 11 -41- HF 635 (4) 86 ns/nh/md 41/ 41