House Study Bill 102 - IntroducedA Bill ForAn Act 1relating to commercial driver’s license driving
2skills tests, providing fees, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.145, subsection 2, unnumbered
2paragraph 1, Code 2021, is amended to read as follows:
   3Revenues derived from trailer registration fees collected
4pursuant to sections 321.105 and 321.105A, fees charged for
5driver’s licenses and nonoperator’s identification cards, fees
6charged for commercial driver’s license driving skills tests
7pursuant to section 321.187A,
fees charged for the issuance
8of a certificate of title, the certificate of title surcharge
9collected pursuant to section 321.52A, and revenues credited
10pursuant to section 423.43, subsection 2, and section 423C.5
11shall be deposited in a fund to be known as the statutory
12allocations fund under the control of the department and
13credited as follows:
14   Sec. 2.  Section 321.186, subsection 1, Code 2021, is amended
15to read as follows:
   161.  The department may examine every new applicant for a
17driver’s license or any person holding a valid driver’s license
18when the department has reason to believe that the person
19may be physically or mentally incompetent to operate a motor
20vehicle, or whose driving record appears to the department
21to justify the examination. The department shall make every
22effort to accommodate a functionally illiterate applicant when
23the applicant is taking a knowledge test. The department shall
24make every effort to have an examiner conduct the commercial
25driver’s license driving skills tests at other locations in
26this state where skills may be adequately tested when requested
27by a person representing ten or more drivers requiring driving
28skills testing.

29   Sec. 3.  Section 321.186, subsection 2, Code 2021, is amended
30by striking the subsection.
31   Sec. 4.  Section 321.187, subsection 2, paragraph a, Code
322021, is amended to read as follows:
   33a.  The driving skills test is the same as that which
34would otherwise be administered by the state. The fees for
35administering a commercial driver’s license driving skills test
-1-1as provided in sections 321.187A and 321M.6A shall not apply
2to a driving skills test administered by a third-party tester
3under this section.

4   Sec. 5.  NEW SECTION.  321.187A  Commercial driver’s license
5driving skills tests — fees.
   61.  The department shall make every effort to accommodate
7a commercial driver’s license applicant’s need to arrange
8an appointment for a driving skills test at an established
9test site other than where the applicant passed the required
10knowledge test. The department shall report to the governor
11and the general assembly on any problems, extraordinary costs,
12and recommendations regarding the appointment scheduling
13process.
   142.  The department shall make every effort to have an
15examiner conduct the commercial driver’s license driving skills
16tests at other locations in this state where skills may be
17adequately tested when requested by a person representing ten
18or more drivers requiring driving skills testing.
   193.  a.  The driving skills test for a commercial driver’s
20license shall consist of three parts that must be completed in
21the following order:
   22(1)  The pre-trip vehicle inspection test.
   23(2)  The basic vehicle control skills test.
   24(3)  The on-road driving skills test.
   25b.  If the applicant fails one part of the test, the
26applicant shall not continue to the next part of the test, in
27accordance with 49 C.F.R.pt.383, subpts.E, G, and H.
   284.  The department may charge any of the following fees
29to a commercial driver’s license applicant related to the
30administration of a driving skills test:
   31a.  A fee not to exceed twenty-five dollars to administer the
32pre-trip vehicle inspection test.
   33b.  A fee not to exceed twenty-five dollars to administer the
34basic vehicle control skills test.
   35c.  A fee not to exceed twenty-five dollars to administer the
-2-1on-road driving skills test.
   25.  Fees authorized under this section may be assessed for
3each test and any fees collected are nonrefundable. The fee
4to administer the pre-trip vehicle inspection test is due at
5the time the appointment is scheduled. All other fees are
6due upon the completion of the test for which the fee was
7assessed. If the applicant fails to appear for the pre-trip
8vehicle inspection test, the appointment shall be canceled and
9no other fees shall be due. If the applicant fails one part of
10the driving skills test, no fees shall be due for subsequent
11parts of the test. This section shall not be construed to
12prohibit an applicant from scheduling a new test appointment
13upon payment of a new fee.
   146.  All fees authorized in this section are in addition to
15any other fees imposed by law.
   167.  The department shall remit all fees collected pursuant to
17this section monthly to the treasurer of state for deposit in
18the statutory allocations fund.
   198.  The department may adopt rules pursuant to chapter 17A to
20administer this section.
21   Sec. 6.  NEW SECTION.  321M.6A  Commercial driver’s license
22driving skills tests — fees.
   231.  A county certified to issue commercial driver’s licenses
24under section 321M.6 may charge any of the following fees
25to a commercial driver’s license applicant related to the
26administration of a driving skills test:
   27a.  A fee not to exceed twenty-five dollars to administer the
28pre-trip vehicle inspection test.
   29b.  A fee not to exceed twenty-five dollars to administer the
30basic vehicle control skills test.
   31c.  A fee not to exceed twenty-five dollars to administer the
32on-road driving skills test.
   332.  Fees authorized under this section may be assessed for
34each test and any fees collected are nonrefundable. The fee
35to administer the pre-trip vehicle inspection test is due at
-3-1the time the appointment is scheduled. All other fees are
2due upon the completion of the test for which the fee was
3assessed. If the applicant fails to appear for the pre-trip
4vehicle inspection test, the appointment shall be canceled and
5no other fees shall be due. If the applicant fails one part of
6the driving skills test, no fees shall be due for subsequent
7parts of the test. This section shall not be construed to
8prohibit an applicant from scheduling a new test appointment
9upon payment of a new fee.
   103.  All fees authorized in this section are in addition to
11any other fees imposed by law.
12   Sec. 7.  Section 321M.9, subsection 1, Code 2021, is amended
13to read as follows:
   141.  Fees to counties.
   15a.  Notwithstanding any other provision in the Code to the
16contrary, the county treasurer of a county authorized to issue
17driver’s licenses under this chapter shall retain for deposit
18in the county general fund seven all of the following:
   19(1)   Sevendollars of fees received for each issuance or
20renewal of driver’s licenses and nonoperator’s identification
21cards, but shall not retain any moneys for the issuance of any
22persons with disabilities identification devices.
   23(2)  Twenty-five dollars of fees collected for each part of
24a commercial driver’s license driving skills test pursuant to
25section 321M.6A.
   26(3)  The five dollar processing fee charged by a county
27treasurer for collection of a civil penalty under section
28321J.17 shall be retained for deposit in the county general
29fund
.
   30b.  The county treasurer shall remit the balance of fees and
31all civil penalties to the department.
32   Sec. 8.  EFFECTIVE DATE.  This Act takes effect January 1,
332022.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-4-1the explanation’s substance by the members of the general assembly.
   2This bill relates to commercial driver’s license (CDL)
3driving skills tests.
   4The bill allows the department of transportation (DOT) and
5any county certified to issue CDLs to charge certain fees for a
6CDL driving skills test. The allowed fees include a separate
7fee not to exceed $25 to administer each of the three parts
8of the CDL driving skills test, as designated in the bill.
9The pre-trip vehicle inspection test fee is due at the time
10the appointment is scheduled. The fees for the basic vehicle
11control skills test and the on-road driving skills test are due
12upon completion of each test. The fees do not apply to driving
13skills tests administered by third-party testers.
   14Fees collected by the DOT under the bill are deposited in the
15statutory allocations fund. Fees collected by a county under
16the bill are retained by the county for deposit in the county
17general fund.
   18All fees authorized in the bill are in addition to any other
19fees imposed by law.
   20The bill transfers certain existing provisions relating to
21CDL tests by the DOT to the new Code section created by the bill
22for DOT CDL test fees.
   23The bill takes effect January 1, 2022.
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