House File 116 - IntroducedA Bill ForAn Act 1relating to the issuance of driver’s licenses,
2nonoperator’s identification cards, and persons with
3disabilities identification devices by counties and
4community colleges.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.218A, Code 2017, is amended to read
2as follows:
   3321.218A  Civil penalty — disposition — reinstatement.
   4When the department suspends, revokes, or bars a person’s
5driver’s license or nonresident operating privilege for a
6conviction under this chapter, the department shall assess
7the person a civil penalty of two hundred dollars. However,
8for persons age nineteen or under, the civil penalty assessed
9shall be fifty dollars. The civil penalty does not apply to
10a suspension issued for a violation of section 321.180B. The
11money collected by the department under this section shall be
12transmitted to the treasurer of state who shall deposit the
13money in the juvenile detention home fund created in section
14232.142. Except as provided in section 321.210B, a temporary
15restricted license shall not be issued or a driver’s license
16or nonresident operating privilege reinstated until the civil
17penalty has been paid. A person assessed a penalty under this
18section may remit the civil penalty along with a processing
19fee of five dollars to a county treasurer or community college
20 authorized to issue driver’s licenses under chapter 321M, or
21the civil penalty may be paid directly to the department.
22   Sec. 2.  Section 321A.32A, Code 2017, is amended to read as
23follows:
   24321A.32A  Civil penalty — disposition — reinstatement.
   25When the department suspends, revokes, or bars a person’s
26driver’s license or nonresident operating privilege under this
27chapter, the department shall assess the person a civil penalty
28of two hundred dollars. However, for persons age nineteen or
29under, the civil penalty assessed shall be fifty dollars. The
30money collected by the department under this section shall be
31transmitted to the treasurer of state who shall deposit the
32money in the juvenile detention home fund created in section
33232.142. Except as provided in section 321.210B, a temporary
34restricted license shall not be issued or a driver’s license
35or nonresident operating privilege reinstated until the civil
-1-1penalty has been paid. A person assessed a penalty under this
2section may remit the civil penalty along with a processing
3fee of five dollars to a county treasurer or community college
4 authorized to issue driver’s licenses under chapter 321M, or
5the civil penalty may be paid directly to the department.
6   Sec. 3.  Section 321J.17, subsection 1, Code 2017, is amended
7to read as follows:
   81.  If the department revokes a person’s driver’s license
9or nonresident operating privilege under this chapter, the
10department shall assess the person a civil penalty of two
11hundred dollars. The money collected by the department under
12this section shall be transmitted to the treasurer of state
13who shall deposit one-half of the money in the separate fund
14established in section 915.94 and one-half of the money in the
15general fund of the state. A temporary restricted license
16shall not be issued unless an ignition interlock device has
17been installed pursuant to section 321J.4. Except as provided
18in section 321.210B, a temporary restricted license shall
19not be issued or a driver’s license or nonresident operating
20privilege reinstated until the civil penalty has been paid.
21A person assessed a penalty under this section may remit the
22civil penalty along with a processing fee of five dollars to
23a county treasurer or community college authorized to issue
24driver’s licenses under chapter 321M, or the civil penalty may
25be paid directly to the department.
26   Sec. 4.  Section 321M.1, subsection 2, Code 2017, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
   292.  “Community college” means a community college established
30under chapter 260C.
31   Sec. 5.  Section 321M.1, subsection 6, Code 2017, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
   346.  “Issuance” means the system or process of issuing
35driver’s licenses, nonoperator’s identification cards, and
-2-1persons with disabilities identification devices, including all
2related testing, to the same extent that such items are issued
3by the department.
4   Sec. 6.  Section 321M.2, Code 2017, is amended to read as
5follows:
   6321M.2  Relation to other laws.
   7Notwithstanding provisions of chapter 321 or 321L that grant
8sole authority to the department for the issuance of driver’s
9licenses, nonoperator’s identification cards, and persons
10with disabilities identification devices, certain counties
 11and community colleges shall be authorized to issue driver’s
12licenses, nonoperator’s identification cards, and persons
13with disabilities identification devices, according to the
14requirements of this chapter.
15   Sec. 7.  Section 321M.3, Code 2017, is amended to read as
16follows:
   17321M.3  Authorization to issue licenses.
   181.  Adair, Adams, Allamakee, Appanoose, Audubon, Benton,
19Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun,
 20Carroll, Cass, Cedar, Cherokee, Chickasaw, Clarke, Clay,
21 Clayton, Crawford, Dallas, Davis, Decatur, Delaware, Dickinson,
22Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy,
23Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard,
24Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Jones,
25Keokuk, Kossuth, Lee, Louisa, Lucas, Lyon, Madison, Mahaska,
26Marion, Mills, Mitchell, Monona, Monroe, Montgomery, O’Brien,
27Osceola, Page, Palo Alto, Plymouth, Pocahontas, Poweshiek,
28Ringgold, Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren,
29Warren, Washington, Wayne, Winnebago, Winneshiek, Worth,
30and Wright counties shall be authorized to issue driver’s
31licenses, nonoperator’s identification cards, and persons with
32disabilities identification devices on a permanent basis,
33provided that such counties continue to meet the department’s
34standards for issuance.
   352.  Any community college shall be authorized to issue
-3-1driver’s licenses, nonoperator’s identification cards, and
2persons with disabilities identification devices on a permanent
3basis, provided that such community college continues to meet
4the department’s standards for issuance.
5   Sec. 8.  Section 321M.4, Code 2017, is amended to read as
6follows:
   7321M.4  Termination of authorization — failure to meet
8standards.
   91.  If a county or community college is subject to
10termination of its county issuance authorization for
11failure to meet the department’s standards for issuance,
12the county or community college shall not issue driver’s
13licenses, nonoperator’s identification cards, or persons
14with disabilities identification devices until the county or
15community college
has been reauthorized by the department.
   162.  The department is not obligated to provide service
17in a county for issuance of driver’s licenses, nonoperator’s
18identification cards, or persons with disabilities
19identification devices if the county or a community college
20in the county
fails to meet the department’s standards for
21issuance.
22   Sec. 9.  Section 321M.5, subsection 1, Code 2017, is amended
23to read as follows:
   241.  The department and each county or community
25college
participating in county issuance shall execute an
26agreement pursuant to chapter 28E, detailing the relative
27responsibilities and liabilities of each party to the
28agreement.
29   Sec. 10.  Section 321M.6, Code 2017, is amended to read as
30follows:
   31321M.6  Certification of commercial driver’s license issuance.
   321.  A county or community college shall be authorized to
33issue commercial driver’s licenses if certified to do so by the
34department.
   352.  The department shall certify the commercial driver’s
-4-1license issuance in by a county or community college authorized
2to issue licenses pursuant to section 321M.3 if all of the
3following conditions are met:
   4a.  The driving skills test is the same as that which would
5otherwise be administered by the state.
   6b.  The county examiner or responsible community college
7official
contractually agrees to comply with the requirements
8of 49 C.F.R. §383.75, as adopted by rule by the department.
   9c.  The department provides supervision over the issuance of
10commercial driver’s licenses, including the administration of
11written and driving skills tests by the office of the county
12treasurer or by the community college’s issuance office.
13However, the failure of the department to provide appropriate
14supervision shall not alone be used as a reason to deny
15certification.
   16d.  The county or community college otherwise complies with
17the procedures for issuance of commercial driver’s licenses as
18provided in chapter 321.
   193.  If a county or community college fails to meet the
20standards for certification under this section, and fails to
21correct deficiencies according to the department’s operating
22standards, the county’s or community college’s right to
23issue commercial driver’s licenses shall be terminated,
24and the county or community college shall cease issuing
25commercial driver’s licenses. Procedures and conditions for
26recertification shall be addressed in the operating standards
27for the department.
   284.  The department is not obligated to provide service in
29a county for issuance of commercial driver’s licenses if the
30county or a community college in the county fails to meet
31certification standards under this section.
32   Sec. 11.  Section 321M.7, Code 2017, is amended to read as
33follows:
   34321M.7  Training.
   351.  The department shall provide a minimum of eight weeks
-5-1of initial training for county and community college personnel
2participating in county issuance. The maximum class size for
3this initial training shall be twenty people.
   42.  The department shall also provide individualized
5additional training for county and community college personnel
6within each participating county office following initial
7training.
   83.  The department shall periodically offer continuing
9education and training opportunities to county and community
10college
personnel.
   114.  The department shall not segregate training sessions
12for county and community college personnel and department
13employees.
   145.  New county and community college personnel, including
15new county treasurers, who will participate in county issuance,
16shall complete the initial training session prior to engaging
17in any licensing activities. A county treasurer County
18treasurers and community college personnel
shall use best
19efforts to complete initial training as soon as possible.
20A county treasurer County treasurers and community college
21personnel
who does do not make reasonable attempts to begin
22initial training within three months of taking office or
23assuming issuance duties
may be subject to having the county
24 issuance program in that county placed on probation.
25   Sec. 12.  Section 321M.9, Code 2017, is amended to read as
26follows:
   27321M.9  Financial responsibility.
   281.  Fees to counties and community colleges.  Notwithstanding
29any other provision in the Code to the contrary, the county
30treasurer of a county authorized to issue driver’s licenses
31under this chapter, or a community college authorized to
32issue driver’s licenses under this chapter,
shall retain for
33deposit in the county or community college general fund seven
34dollars of fees received for each issuance or renewal of
35driver’s licenses and nonoperator’s identification cards, but
-6-1shall not retain any moneys for the issuance of any persons
2with disabilities identification devices. The five dollar
3processing fee charged by a county treasurer or a community
4college
for collection of a civil penalty under section
5321.218A, 321A.32A, or 321J.17 shall be retained for deposit
6in the county or community college general fund. The county
7treasurer or community college shall remit the balance of fees
8and all civil penalties to the department.
   92.  Digitized photolicensing equipment.
   10a.  The department shall pay for all digitized photolicensing
11equipment, including that used by the department and authorized
12for use by issuing counties or community colleges under this
13subsection. Moneys from the road use tax fund shall be used,
14subject to appropriation by the general assembly, for payment
15of costs associated with the purchase or lease of digitized
16photolicensing equipment.
   17b.  An issuing county shall be entitled to one set of
18digitized photolicensing equipment, unless the county
19was served at multiple sites by the department, in which
20case the county shall be entitled to two sets of digitized
21photolicensing equipment. An issuing community college shall
22be entitled to one set of digitized photolicensing equipment.

   233.  Other equipment.  The department shall pay for all
24other equipment needed by a county or community college to
25participate in county issuance, comparable to the equipment
26provided for issuance activities by a department itinerant
27team, with the exception of the following:
   28a.  Office furniture.
   29b.  Computer hardware needed to access department computer
30databases, facsimile machines used to transmit documents
31between the department and the county or community college,
32and similar office equipment of a general nature that is not
33dedicated solely or primarily to the issuance process.
34   Sec. 13.  Section 321M.10, Code 2017, is amended to read as
35follows:
-7-   1321M.10  Supervisory authority of department.
   21.  The department shall retain all supervisory authority
3over the county or community college driver’s license issuance
4program. The county treasurers, community colleges, and their
5employees shall be considered agents of the department when
6performing driver’s licensing functions.
   72.  Approximately one supervisor shall be assigned from the
8department to every six issuance sites participating in county
9issuance
.
   103.  Approximately one technical computer support employee
11shall be assigned from the department to every twenty-four
12counties and community colleges participating in county
13 issuance.
   144.  The department shall provide issuing counties and
15community colleges
access to computer databases at a level
16equal to that provided to comparable department employees.
   175.  The department may adopt rules pursuant to chapter 17A as
18necessary to administer this chapter. The department may also
19develop operating standards as necessary to administer this
20chapter. The department shall consult with the Iowa county
21treasurers association and the Iowa association of community
22college trustees
in developing operating standards and proposed
23rules.
24   Sec. 14.  Section 321M.11, Code 2017, is amended to read as
25follows:
   26321M.11  Good faith efforts required.
   27The department and issuing counties and community colleges
28 shall use their best good faith efforts to work in cooperation
29in implementing and maintaining an effective system of county
30 issuance.
   31The department and all persons involved with administration
32of this chapter, department procedures, and related
33administrative rules shall use their best good faith efforts to
34ensure that the application of the laws, rules, and procedures
35related to county and community college issuance shall not be
-8-1used to impede county such issuance.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
   5This bill authorizes Carroll county, Clay county, and
6community colleges established under Code chapter 260C to
7issue driver’s licenses, nonoperator’s identification cards,
8and persons with disabilities identification devices on a
9permanent basis, provided that the counties and community
10colleges meet the department of transportation’s standards for
11issuance. The bill applies the rights and duties of counties
12under Code chapter 321M (county issuance of driver’s licenses)
13to community colleges. In addition, the bill permits community
14colleges to collect civil penalties related to driver’s
15license suspension and revocation under Code sections 321.218A,
16321A.32A, and 321J.17.
   17Under current law, counties authorized to issue driver’s
18licenses under Code chapter 321M are also authorized to
19register persons to vote under Code chapter 48A and to
20administer oaths and acknowledge signatures under Code section
21321.9. The bill does not authorize community colleges to
22perform these activities.
-9-
ns/nh