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House File 828 - EnrolledAn Actrelating to commercial driver’s license driving
skills tests, providing fees, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.145, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
Revenues derived from trailer registration fees collected
pursuant to sections 321.105 and 321.105A, fees charged for
driver’s licenses and nonoperator’s identification cards, fees
charged for commercial driver’s license driving skills tests
pursuant to section 321.187A, fees charged for the issuance
of a certificate of title, the certificate of title surcharge
collected pursuant to section 321.52A, and revenues credited
pursuant to section 423.43, subsection 2, and section 423C.5
shall be deposited in a fund to be known as the statutory
allocations fund under the control of the department and
credited as follows:
Sec. 2. Section 321.186, subsection 1, Code 2021, is amended
to read as follows:
1. The department may examine every new applicant for a
driver’s license or any person holding a valid driver’s license
when the department has reason to believe that the person
may be physically or mentally incompetent to operate a motor
vehicle, or whose driving record appears to the department
to justify the examination. The department shall make every
effort to accommodate a functionally illiterate applicant when
the applicant is taking a knowledge test. The department shall
make every effort to have an examiner conduct the commercial
driver’s license driving skills tests at other locations in
this state where skills may be adequately tested when requested
by a person representing ten or more drivers requiring driving
skills testing.
Sec. 3. Section 321.186, subsection 2, Code 2021, is amended
by striking the subsection.
Sec. 4. Section 321.187, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. The driving skills test is the same as that which
would otherwise be administered by the state. The fees for
administering a commercial driver’s license driving skills test
-1-as provided in sections 321.187A and 321M.6A shall not apply
to a driving skills test administered by a third-party tester
under this section.
Sec. 5. NEW SECTION. 321.187A Commercial driver’s license
driving skills tests — fees.
1. The department shall make every effort to accommodate
a commercial driver’s license applicant’s need to arrange
an appointment for a driving skills test at an established
test site other than where the applicant passed the required
knowledge test. The department shall report to the governor
and the general assembly on any problems, extraordinary costs,
and recommendations regarding the appointment scheduling
process.
2. The department shall make every effort to have an
examiner conduct the commercial driver’s license driving skills
tests at other locations in this state where skills may be
adequately tested when requested by a person representing ten
or more drivers requiring driving skills testing.
3. a. The driving skills test for a commercial driver’s
license shall consist of three parts that must be completed in
the following order:
(1) The pre-trip vehicle inspection test.
(2) The basic vehicle control skills test.
(3) The on-road driving skills test.
b. If the applicant fails one part of the test, the
applicant shall not continue to the next part of the test, in
accordance with 49 C.F.R.pt.383, subpts.E, G, and H.
4. The department may charge a scheduling fee not to exceed
twenty-five dollars to a commercial driver’s license applicant
for the pre-trip vehicle inspection test. The department shall
not charge a fee to schedule or administer the basic vehicle
control or on-road driving skills tests. The department shall
not charge a fee under this section to an applicant who is
an employee or volunteer of a government agency, as defined
in section 553.3, and who provides reasonable proof that a
-2-commercial driver’s license is necessary for the applicant’s
employment or volunteer duties for the government agency.
5. Fees authorized under this section are nonrefundable.
If the applicant fails to appear for the pre-trip vehicle
inspection test, the appointment shall be canceled. This
section shall not be construed to prohibit an applicant from
scheduling a new test appointment upon payment of a new fee.
6. All fees authorized in this section are in addition to
any other fees imposed by law.
7. The department shall remit all fees collected pursuant to
this section monthly to the treasurer of state for deposit in
the statutory allocations fund.
8. The department may adopt rules pursuant to chapter 17A to
administer this section.
Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
driving skills tests — fees.
1. A county certified to issue commercial driver’s licenses
under section 321M.6 may charge any of the following fees
to a commercial driver’s license applicant related to the
administration of a driving skills test:
a. A fee not to exceed twenty-five dollars to administer the
pre-trip vehicle inspection test.
b. A fee not to exceed twenty-five dollars to administer the
basic vehicle control skills test.
c. A fee not to exceed twenty-five dollars to administer the
on-road driving skills test.
2. Fees authorized under this section may be assessed for
each test and any fees collected are nonrefundable. The fee
to administer the pre-trip vehicle inspection test is due at
the time the appointment is scheduled. All other fees are
due upon the completion of the test for which the fee was
assessed. If the applicant fails to appear for the pre-trip
vehicle inspection test, the appointment shall be canceled and
no other fees shall be due. If the applicant fails one part of
the driving skills test, no fees shall be due for subsequent
-3-parts of the test. A county shall not charge a fee under
this section, other than the fee to administer the pre-trip
vehicle inspection test, to an applicant who is an employee
or volunteer of a government agency, as defined in section
553.3, and who provides reasonable proof that a commercial
driver’s license is necessary for the applicant’s employment
or volunteer duties for the government agency, or that the fee
is paid by the government agency. This section shall not be
construed to prohibit an applicant from scheduling a new test
appointment upon payment of a new fee.
3. All fees authorized in this section are in addition to
any other fees imposed by law.
Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
to read as follows:
1. Fees to counties.
a. Notwithstanding any other provision in the Code to the
contrary, the county treasurer of a county authorized to issue
driver’s licenses under this chapter shall retain for deposit
in the county general fund seven all of the following:
(1) Sevendollars of fees received for each issuance or
renewal of driver’s licenses and nonoperator’s identification
cards, but shall not retain any moneys for the issuance of any
persons with disabilities identification devices.
(2) Twenty-five dollars of fees collected for each part of
a commercial driver’s license driving skills test pursuant to
section 321M.6A.
(3) The five dollar processing fee charged by a county
treasurer for collection of a civil penalty under section
321J.17 shall be retained for deposit in the county general
fund.
b. The county treasurer shall remit the balance of fees and
all civil penalties to the department.
Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
2022.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 828, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorth/ns/md
skills tests, providing fees, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.145, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
Revenues derived from trailer registration fees collected
pursuant to sections 321.105 and 321.105A, fees charged for
driver’s licenses and nonoperator’s identification cards, fees
charged for commercial driver’s license driving skills tests
pursuant to section 321.187A, fees charged for the issuance
of a certificate of title, the certificate of title surcharge
collected pursuant to section 321.52A, and revenues credited
pursuant to section 423.43, subsection 2, and section 423C.5
shall be deposited in a fund to be known as the statutory
allocations fund under the control of the department and
credited as follows:
Sec. 2. Section 321.186, subsection 1, Code 2021, is amended
to read as follows:
1. The department may examine every new applicant for a
driver’s license or any person holding a valid driver’s license
when the department has reason to believe that the person
may be physically or mentally incompetent to operate a motor
vehicle, or whose driving record appears to the department
to justify the examination. The department shall make every
effort to accommodate a functionally illiterate applicant when
the applicant is taking a knowledge test. The department shall
make every effort to have an examiner conduct the commercial
driver’s license driving skills tests at other locations in
this state where skills may be adequately tested when requested
by a person representing ten or more drivers requiring driving
skills testing.
Sec. 3. Section 321.186, subsection 2, Code 2021, is amended
by striking the subsection.
Sec. 4. Section 321.187, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. The driving skills test is the same as that which
would otherwise be administered by the state. The fees for
administering a commercial driver’s license driving skills test
-1-as provided in sections 321.187A and 321M.6A shall not apply
to a driving skills test administered by a third-party tester
under this section.
Sec. 5. NEW SECTION. 321.187A Commercial driver’s license
driving skills tests — fees.
1. The department shall make every effort to accommodate
a commercial driver’s license applicant’s need to arrange
an appointment for a driving skills test at an established
test site other than where the applicant passed the required
knowledge test. The department shall report to the governor
and the general assembly on any problems, extraordinary costs,
and recommendations regarding the appointment scheduling
process.
2. The department shall make every effort to have an
examiner conduct the commercial driver’s license driving skills
tests at other locations in this state where skills may be
adequately tested when requested by a person representing ten
or more drivers requiring driving skills testing.
3. a. The driving skills test for a commercial driver’s
license shall consist of three parts that must be completed in
the following order:
(1) The pre-trip vehicle inspection test.
(2) The basic vehicle control skills test.
(3) The on-road driving skills test.
b. If the applicant fails one part of the test, the
applicant shall not continue to the next part of the test, in
accordance with 49 C.F.R.pt.383, subpts.E, G, and H.
4. The department may charge a scheduling fee not to exceed
twenty-five dollars to a commercial driver’s license applicant
for the pre-trip vehicle inspection test. The department shall
not charge a fee to schedule or administer the basic vehicle
control or on-road driving skills tests. The department shall
not charge a fee under this section to an applicant who is
an employee or volunteer of a government agency, as defined
in section 553.3, and who provides reasonable proof that a
-2-commercial driver’s license is necessary for the applicant’s
employment or volunteer duties for the government agency.
5. Fees authorized under this section are nonrefundable.
If the applicant fails to appear for the pre-trip vehicle
inspection test, the appointment shall be canceled. This
section shall not be construed to prohibit an applicant from
scheduling a new test appointment upon payment of a new fee.
6. All fees authorized in this section are in addition to
any other fees imposed by law.
7. The department shall remit all fees collected pursuant to
this section monthly to the treasurer of state for deposit in
the statutory allocations fund.
8. The department may adopt rules pursuant to chapter 17A to
administer this section.
Sec. 6. NEW SECTION. 321M.6A Commercial driver’s license
driving skills tests — fees.
1. A county certified to issue commercial driver’s licenses
under section 321M.6 may charge any of the following fees
to a commercial driver’s license applicant related to the
administration of a driving skills test:
a. A fee not to exceed twenty-five dollars to administer the
pre-trip vehicle inspection test.
b. A fee not to exceed twenty-five dollars to administer the
basic vehicle control skills test.
c. A fee not to exceed twenty-five dollars to administer the
on-road driving skills test.
2. Fees authorized under this section may be assessed for
each test and any fees collected are nonrefundable. The fee
to administer the pre-trip vehicle inspection test is due at
the time the appointment is scheduled. All other fees are
due upon the completion of the test for which the fee was
assessed. If the applicant fails to appear for the pre-trip
vehicle inspection test, the appointment shall be canceled and
no other fees shall be due. If the applicant fails one part of
the driving skills test, no fees shall be due for subsequent
-3-parts of the test. A county shall not charge a fee under
this section, other than the fee to administer the pre-trip
vehicle inspection test, to an applicant who is an employee
or volunteer of a government agency, as defined in section
553.3, and who provides reasonable proof that a commercial
driver’s license is necessary for the applicant’s employment
or volunteer duties for the government agency, or that the fee
is paid by the government agency. This section shall not be
construed to prohibit an applicant from scheduling a new test
appointment upon payment of a new fee.
3. All fees authorized in this section are in addition to
any other fees imposed by law.
Sec. 7. Section 321M.9, subsection 1, Code 2021, is amended
to read as follows:
1. Fees to counties.
a. Notwithstanding any other provision in the Code to the
contrary, the county treasurer of a county authorized to issue
driver’s licenses under this chapter shall retain for deposit
in the county general fund seven all of the following:
(1) Sevendollars of fees received for each issuance or
renewal of driver’s licenses and nonoperator’s identification
cards, but shall not retain any moneys for the issuance of any
persons with disabilities identification devices.
(2) Twenty-five dollars of fees collected for each part of
a commercial driver’s license driving skills test pursuant to
section 321M.6A.
(3) The five dollar processing fee charged by a county
treasurer for collection of a civil penalty under section
321J.17 shall be retained for deposit in the county general
fund.
b. The county treasurer shall remit the balance of fees and
all civil penalties to the department.
Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
2022.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 828, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorth/ns/md