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House File 828 - ReprintedA 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. The department shall
33not charge a fee under this section to an applicant who is
34an employee or volunteer of a government agency, as defined
35in section 553.3, and who provides reasonable proof that a
-2-1commercial driver’s license is necessary for the applicant’s
2employment or volunteer duties for the government agency.
35. Fees authorized under this section are nonrefundable.
4If the applicant fails to appear for the pre-trip vehicle
5inspection test, the appointment shall be canceled. This
6section shall not be construed to prohibit an applicant from
7scheduling a new test appointment upon payment of a new fee.
86. All fees authorized in this section are in addition to
9any other fees imposed by law.
107. The department shall remit all fees collected pursuant to
11this section monthly to the treasurer of state for deposit in
12the statutory allocations fund.
138. The department may adopt rules pursuant to chapter 17A to
14administer this section.
15 Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
16driving skills tests — fees.
171. A county certified to issue commercial driver’s licenses
18under section 321M.6 may charge any of the following fees
19to a commercial driver’s license applicant related to the
20administration of a driving skills test:
21a. A fee not to exceed twenty-five dollars to administer the
22pre-trip vehicle inspection test.
23b. A fee not to exceed twenty-five dollars to administer the
24basic vehicle control skills test.
25c. A fee not to exceed twenty-five dollars to administer the
26on-road driving skills test.
272. Fees authorized under this section may be assessed for
28each test and any fees collected are nonrefundable. The fee
29to administer the pre-trip vehicle inspection test is due at
30the time the appointment is scheduled. All other fees are
31due upon the completion of the test for which the fee was
32assessed. If the applicant fails to appear for the pre-trip
33vehicle inspection test, the appointment shall be canceled and
34no other fees shall be due. If the applicant fails one part of
35the driving skills test, no fees shall be due for subsequent
-3-1parts of the test. A county shall not charge a fee under
2this section, other than the fee to administer the pre-trip
3vehicle inspection test, to an applicant who is an employee
4or volunteer of a government agency, as defined in section
5553.3, and who provides reasonable proof that a commercial
6driver’s license is necessary for the applicant’s employment
7or volunteer duties for the government agency, or that the fee
8is paid by the government agency. This section shall not be
9construed to prohibit an applicant from scheduling a new test
10appointment upon payment of a new fee.
113. All fees authorized in this section are in addition to
12any other fees imposed by law.
13 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
14to read as follows:
151. Fees to counties.
16a. Notwithstanding any other provision in the Code to the
17contrary, the county treasurer of a county authorized to issue
18driver’s licenses under this chapter shall retain for deposit
19in the county general fund seven all of the following:
20(1) Sevendollars of fees received for each issuance or
21renewal of driver’s licenses and nonoperator’s identification
22cards, but shall not retain any moneys for the issuance of any
23persons with disabilities identification devices.
24(2) Twenty-five dollars of fees collected for each part of
25a commercial driver’s license driving skills test pursuant to
26section 321M.6A.
27(3) The five dollar processing fee charged by a county
28treasurer for collection of a civil penalty under section
29321J.17 shall be retained for deposit in the county general
30fund.
31b. The county treasurer shall remit the balance of fees and
32all civil penalties to the department.
33 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
342022.
th/ns/md
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. The department shall
33not charge a fee under this section to an applicant who is
34an employee or volunteer of a government agency, as defined
35in section 553.3, and who provides reasonable proof that a
-2-1commercial driver’s license is necessary for the applicant’s
2employment or volunteer duties for the government agency.
35. Fees authorized under this section are nonrefundable.
4If the applicant fails to appear for the pre-trip vehicle
5inspection test, the appointment shall be canceled. This
6section shall not be construed to prohibit an applicant from
7scheduling a new test appointment upon payment of a new fee.
86. All fees authorized in this section are in addition to
9any other fees imposed by law.
107. The department shall remit all fees collected pursuant to
11this section monthly to the treasurer of state for deposit in
12the statutory allocations fund.
138. The department may adopt rules pursuant to chapter 17A to
14administer this section.
15 Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
16driving skills tests — fees.
171. A county certified to issue commercial driver’s licenses
18under section 321M.6 may charge any of the following fees
19to a commercial driver’s license applicant related to the
20administration of a driving skills test:
21a. A fee not to exceed twenty-five dollars to administer the
22pre-trip vehicle inspection test.
23b. A fee not to exceed twenty-five dollars to administer the
24basic vehicle control skills test.
25c. A fee not to exceed twenty-five dollars to administer the
26on-road driving skills test.
272. Fees authorized under this section may be assessed for
28each test and any fees collected are nonrefundable. The fee
29to administer the pre-trip vehicle inspection test is due at
30the time the appointment is scheduled. All other fees are
31due upon the completion of the test for which the fee was
32assessed. If the applicant fails to appear for the pre-trip
33vehicle inspection test, the appointment shall be canceled and
34no other fees shall be due. If the applicant fails one part of
35the driving skills test, no fees shall be due for subsequent
-3-1parts of the test. A county shall not charge a fee under
2this section, other than the fee to administer the pre-trip
3vehicle inspection test, to an applicant who is an employee
4or volunteer of a government agency, as defined in section
5553.3, and who provides reasonable proof that a commercial
6driver’s license is necessary for the applicant’s employment
7or volunteer duties for the government agency, or that the fee
8is paid by the government agency. This section shall not be
9construed to prohibit an applicant from scheduling a new test
10appointment upon payment of a new fee.
113. All fees authorized in this section are in addition to
12any other fees imposed by law.
13 Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
14to read as follows:
151. Fees to counties.
16a. Notwithstanding any other provision in the Code to the
17contrary, the county treasurer of a county authorized to issue
18driver’s licenses under this chapter shall retain for deposit
19in the county general fund seven all of the following:
20(1) Sevendollars of fees received for each issuance or
21renewal of driver’s licenses and nonoperator’s identification
22cards, but shall not retain any moneys for the issuance of any
23persons with disabilities identification devices.
24(2) Twenty-five dollars of fees collected for each part of
25a commercial driver’s license driving skills test pursuant to
26section 321M.6A.
27(3) The five dollar processing fee charged by a county
28treasurer for collection of a civil penalty under section
29321J.17 shall be retained for deposit in the county general
30fund.
31b. The county treasurer shall remit the balance of fees and
32all civil penalties to the department.
33 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
342022.
th/ns/md