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House File 828 - 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 a scheduling fee not to exceed
29twenty-five dollars to a commercial driver’s license applicant
30for the pre-trip vehicle inspection test. The department shall
31not charge a fee to schedule or administer the basic vehicle
32control or on-road driving skills tests.
335. Fees authorized under this section are nonrefundable.
34If the applicant fails to appear for the pre-trip vehicle
35inspection test, the appointment shall be canceled. This
-2-1section shall not be construed to prohibit an applicant from
2scheduling a new test appointment upon payment of a new fee.
36. All fees authorized in this section are in addition to
4any other fees imposed by law.
57. The department shall remit all fees collected pursuant to
6this section monthly to the treasurer of state for deposit in
7the statutory allocations fund.
88. The department may adopt rules pursuant to chapter 17A to
9administer this section.
10 Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
11driving skills tests — fees.
121. A county certified to issue commercial driver’s licenses
13under section 321M.6 may charge any of the following fees
14to a commercial driver’s license applicant related to the
15administration of a driving skills test:
16a. A fee not to exceed twenty-five dollars to administer the
17pre-trip vehicle inspection test.
18b. A fee not to exceed twenty-five dollars to administer the
19basic vehicle control skills test.
20c. A fee not to exceed twenty-five dollars to administer the
21on-road driving skills test.
222. Fees authorized under this section may be assessed for
23each test and any fees collected are nonrefundable. The fee
24to administer the pre-trip vehicle inspection test is due at
25the time the appointment is scheduled. All other fees are
26due upon the completion of the test for which the fee was
27assessed. If the applicant fails to appear for the pre-trip
28vehicle inspection test, the appointment shall be canceled and
29no other fees shall be due. If the applicant fails one part of
30the driving skills test, no fees shall be due for subsequent
31parts of the test. This section shall not be construed to
32prohibit an applicant from scheduling a new test appointment
33upon payment of a new fee.
343. All fees authorized in this section are in addition to
35any other fees imposed by law.
-3-1 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
2to read as follows:
31. Fees to counties.
4a. Notwithstanding any other provision in the Code to the
5contrary, the county treasurer of a county authorized to issue
6driver’s licenses under this chapter shall retain for deposit
7in the county general fund seven all of the following:
8(1) Sevendollars of fees received for each issuance or
9renewal of driver’s licenses and nonoperator’s identification
10cards, but shall not retain any moneys for the issuance of any
11persons with disabilities identification devices.
12(2) Twenty-five dollars of fees collected for each part of
13a commercial driver’s license driving skills test pursuant to
14section 321M.6A.
15(3) The five dollar processing fee charged by a county
16treasurer for collection of a civil penalty under section
17321J.17 shall be retained for deposit in the county general
18fund.
19b. The county treasurer shall remit the balance of fees and
20all civil penalties to the department.
21 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
222022.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to commercial driver’s license (CDL)
27driving skills tests.
28The bill allows the department of transportation (DOT) and
29any county certified to issue CDLs to charge certain fees
30for a CDL driving skills test. The DOT is allowed to charge
31up to $25 to schedule the pre-trip vehicle inspection test.
32A county is allowed to charge a separate fee not to exceed
33$25 to administer each of the three parts of the CDL driving
34skills test, as designated in the bill. The pre-trip vehicle
35inspection test fee is due to the DOT or county, as applicable,
-4-1at the time the appointment is scheduled. The fees for the
2basic vehicle control skills test and the on-road driving
3skills test are due to the county upon completion of each test.
4The fees do not apply to driving skills tests administered by
5third-party testers.
6Fees collected by the DOT under the bill are deposited in the
7statutory allocations fund. Fees collected by a county under
8the bill are retained by the county for deposit in the county
9general fund.
10All fees authorized in the bill are in addition to any other
11fees imposed by law.
12The bill transfers certain existing provisions relating to
13CDL tests by the DOT to the new Code section created by the bill
14for DOT CDL test fees.
15The bill takes effect January 1, 2022.
-5-th/ns
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 a scheduling fee not to exceed
29twenty-five dollars to a commercial driver’s license applicant
30for the pre-trip vehicle inspection test. The department shall
31not charge a fee to schedule or administer the basic vehicle
32control or on-road driving skills tests.
335. Fees authorized under this section are nonrefundable.
34If the applicant fails to appear for the pre-trip vehicle
35inspection test, the appointment shall be canceled. This
-2-1section shall not be construed to prohibit an applicant from
2scheduling a new test appointment upon payment of a new fee.
36. All fees authorized in this section are in addition to
4any other fees imposed by law.
57. The department shall remit all fees collected pursuant to
6this section monthly to the treasurer of state for deposit in
7the statutory allocations fund.
88. The department may adopt rules pursuant to chapter 17A to
9administer this section.
10 Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
11driving skills tests — fees.
121. A county certified to issue commercial driver’s licenses
13under section 321M.6 may charge any of the following fees
14to a commercial driver’s license applicant related to the
15administration of a driving skills test:
16a. A fee not to exceed twenty-five dollars to administer the
17pre-trip vehicle inspection test.
18b. A fee not to exceed twenty-five dollars to administer the
19basic vehicle control skills test.
20c. A fee not to exceed twenty-five dollars to administer the
21on-road driving skills test.
222. Fees authorized under this section may be assessed for
23each test and any fees collected are nonrefundable. The fee
24to administer the pre-trip vehicle inspection test is due at
25the time the appointment is scheduled. All other fees are
26due upon the completion of the test for which the fee was
27assessed. If the applicant fails to appear for the pre-trip
28vehicle inspection test, the appointment shall be canceled and
29no other fees shall be due. If the applicant fails one part of
30the driving skills test, no fees shall be due for subsequent
31parts of the test. This section shall not be construed to
32prohibit an applicant from scheduling a new test appointment
33upon payment of a new fee.
343. All fees authorized in this section are in addition to
35any other fees imposed by law.
-3-1 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
2to read as follows:
31. Fees to counties.
4a. Notwithstanding any other provision in the Code to the
5contrary, the county treasurer of a county authorized to issue
6driver’s licenses under this chapter shall retain for deposit
7in the county general fund seven all of the following:
8(1) Sevendollars of fees received for each issuance or
9renewal of driver’s licenses and nonoperator’s identification
10cards, but shall not retain any moneys for the issuance of any
11persons with disabilities identification devices.
12(2) Twenty-five dollars of fees collected for each part of
13a commercial driver’s license driving skills test pursuant to
14section 321M.6A.
15(3) The five dollar processing fee charged by a county
16treasurer for collection of a civil penalty under section
17321J.17 shall be retained for deposit in the county general
18fund.
19b. The county treasurer shall remit the balance of fees and
20all civil penalties to the department.
21 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
222022.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to commercial driver’s license (CDL)
27driving skills tests.
28The bill allows the department of transportation (DOT) and
29any county certified to issue CDLs to charge certain fees
30for a CDL driving skills test. The DOT is allowed to charge
31up to $25 to schedule the pre-trip vehicle inspection test.
32A county is allowed to charge a separate fee not to exceed
33$25 to administer each of the three parts of the CDL driving
34skills test, as designated in the bill. The pre-trip vehicle
35inspection test fee is due to the DOT or county, as applicable,
-4-1at the time the appointment is scheduled. The fees for the
2basic vehicle control skills test and the on-road driving
3skills test are due to the county upon completion of each test.
4The fees do not apply to driving skills tests administered by
5third-party testers.
6Fees collected by the DOT under the bill are deposited in the
7statutory allocations fund. Fees collected by a county under
8the bill are retained by the county for deposit in the county
9general fund.
10All fees authorized in the bill are in addition to any other
11fees imposed by law.
12The bill transfers certain existing provisions relating to
13CDL tests by the DOT to the new Code section created by the bill
14for DOT CDL test fees.
15The bill takes effect January 1, 2022.
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