House File 828 - Reprinted HOUSE FILE 828 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 521) (SUCCESSOR TO HSB 102) (As Amended and Passed by the House March 23, 2021 ) 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 HF 828 (3) 89 th/ns/md

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- HF 828 (3) 89 th/ns/md 1/ 4

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. The department shall 32 not charge a fee under this section to an applicant who is 33 an employee or volunteer of a government agency, as defined 34 in section 553.3, and who provides reasonable proof that a 35 -2- HF 828 (3) 89 th/ns/md 2/ 4

H.F. 828 commercial driver’s license is necessary for the applicant’s 1 employment or volunteer duties for the government agency. 2 5. Fees authorized under this section are nonrefundable. 3 If the applicant fails to appear for the pre-trip vehicle 4 inspection test, the appointment shall be canceled. This 5 section shall not be construed to prohibit an applicant from 6 scheduling a new test appointment upon payment of a new fee. 7 6. All fees authorized in this section are in addition to 8 any other fees imposed by law. 9 7. The department shall remit all fees collected pursuant to 10 this section monthly to the treasurer of state for deposit in 11 the statutory allocations fund. 12 8. The department may adopt rules pursuant to chapter 17A to 13 administer this section. 14 Sec. 6. NEW SECTION . 321M.6A Commercial driver’s license 15 driving skills tests —— fees. 16 1. A county certified to issue commercial driver’s licenses 17 under section 321M.6 may charge any of the following fees 18 to a commercial driver’s license applicant related to the 19 administration of a driving skills test: 20 a. A fee not to exceed twenty-five dollars to administer the 21 pre-trip vehicle inspection test. 22 b. A fee not to exceed twenty-five dollars to administer the 23 basic vehicle control skills test. 24 c. A fee not to exceed twenty-five dollars to administer the 25 on-road driving skills test. 26 2. Fees authorized under this section may be assessed for 27 each test and any fees collected are nonrefundable. The fee 28 to administer the pre-trip vehicle inspection test is due at 29 the time the appointment is scheduled. All other fees are 30 due upon the completion of the test for which the fee was 31 assessed. If the applicant fails to appear for the pre-trip 32 vehicle inspection test, the appointment shall be canceled and 33 no other fees shall be due. If the applicant fails one part of 34 the driving skills test, no fees shall be due for subsequent 35 -3- HF 828 (3) 89 th/ns/md 3/ 4

H.F. 828 parts of the test. A county shall not charge a fee under 1 this section, other than the fee to administer the pre-trip 2 vehicle inspection test, to an applicant who is an employee 3 or volunteer of a government agency, as defined in section 4 553.3, and who provides reasonable proof that a commercial 5 driver’s license is necessary for the applicant’s employment 6 or volunteer duties for the government agency, or that the fee 7 is paid by the government agency. This section shall not be 8 construed to prohibit an applicant from scheduling a new test 9 appointment upon payment of a new fee. 10 3. All fees authorized in this section are in addition to 11 any other fees imposed by law. 12 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. Fees to counties. 15 a. Notwithstanding any other provision in the Code to the 16 contrary, the county treasurer of a county authorized to issue 17 driver’s licenses under this chapter shall retain for deposit 18 in the county general fund seven all of the following: 19 (1) Seven dollars of fees received for each issuance or 20 renewal of driver’s licenses and nonoperator’s identification 21 cards, but shall not retain any moneys for the issuance of any 22 persons with disabilities identification devices. 23 (2) Twenty-five dollars of fees collected for each part of 24 a commercial driver’s license driving skills test pursuant to 25 section 321M.6A. 26 (3) The five dollar processing fee charged by a county 27 treasurer for collection of a civil penalty under section 28 321J.17 shall be retained for deposit in the county general 29 fund . 30 b. The county treasurer shall remit the balance of fees and 31 all civil penalties to the department. 32 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1, 33 2022. 34 -4- HF 828 (3) 89 th/ns/md 4/ 4