The Iowa Legislature > Publications > Search Legislative Documents > Search Result Print Icon Print
Main Search Advanced Search Topic Search Tools Disclaimer

Iowa Code

Affected Bills

Additional Formats

    CHAPTER 307DEPARTMENT OF TRANSPORTATION (DOT)
    Department to report annually regarding registeredflexible fuel vehicles; see §452A.33
    307.1Definitions.
    307.2Department of transportation.
    307.3through 307.7 Repealed by Acts, ch , §.
    307.8Expenses.
    307.9and 307.10 Repealed by Acts, ch , §.
    307.11Director of transportation — qualifications — salary.
    307.12Duties of the director.
    307.13Reassignment of personnel.
    307.14Official Iowa map.
    307.15through 307.19 Reserved.
    307.20Biodiesel and biodiesel blended fuel revolving fund.
    307.21Operations and finances.
    307.22Planning and programming activities.
    307.23Legal counsel.
    307.24Administration of highway programs and activities.
    307.25Aeronautics and public transit. Repealed by 2015 Acts, ch 123, §15.
    307.26 Administration of modal programs and activities.
    307.27Motor vehicles, motor carriers, and drivers.
    307.28Prorating departmental costs.
    307.29Reserved.
    307.30Federal tax compliance.
    307.31Periodic review of revenues — evaluation of alternative funding sources.
    307.32Annual report secondary road construction program structurally deficient bridges.
    307.33and 307.34 Reserved.
    307.35Inspectors to perform several functions. Repealed by 2015 Acts, ch 123, §15.
    307.36Project needs — retention of property.
    307.37Motor vehicle fraud and odometer law enforcement.
    307.38Public transit loan. Repealed by 99 Acts, ch 114, §54.
    307.39Reserved.
    307.40Copies of contracts to legislative services agency.
    307.41and 307.42 Reserved.
    307.43Federal donations. Repealed by 2015 Acts, ch 123, §15.
    307.44Use of federal moneys — cooperation.
    307.45State-owned lands assessment.
    307.46Use of reversions.
    307.47Materials and equipment revolving fund — annual purchase report.
    307.48Longevity pay.
    307.49Contract bids.
    307.1Definitions.When used in this chapter, unless the context otherwise requires:1.  “Director” means the director of transportation or the director’s designee.2.  “Department” means the state department of transportation.3.  “Commission” means the state transportation commission established in section 307A.1A.[C75, 77, 79, 81, §307.1; 1981 Acts, ch 22, §2]86 Acts, ch 1245, §1903, 2019 Acts, ch 24, §40307.2Department of transportation.There is created a state department of transportation which shall be responsible for the planning, development, regulation and improvement of transportation in the state as provided by law.[C75, 77, 79, 81, §307.2]Referred to in 7E.5307.3 through 307.7 307.8Expenses.The director and other employees of the department shall be allowed their actual and necessary expenses incurred in the performance of their duties. All expenses and salaries shall be paid from appropriations for such purposes and the department shall be subject to the budget requirements of chapter 8.[C75, 77, 79, 81, §307.8]2015 Acts, ch 123, §3307.9 and 307.10 307.11Director of transportation — qualifications — salary.1.  The governor shall appoint a director of transportation, subject to confirmation by the senate, who shall serve at the pleasure of the governor and who shall not be a member of the commission. The director shall not hold any other office under the laws of the United States or of this or any other state or hold any other position for profit. The director shall not engage in any occupation, business, or profession interfering with or inconsistent with the director’s duties, serve on or under a committee of a political party, or contribute to the campaign fund of any person or political party. The director shall be appointed on the basis of executive and administrative abilities and shall devote full time to the duties of the position.2.  The director shall receive a salary as fixed by the governor.[C75, 77, 79, 81, §307.11]86 Acts, ch 1245, §1907, 1908, 2020 Acts, ch 1062, §94, 2023 Acts, ch 19, §2800, 2802
    Confirmation, see §2.32
    Subsection 2 amended
    307.12Duties of the director.1.  The director shall:a.  Manage the internal operations of the department and establish guidelines and procedures to promote the orderly and efficient administration of the department.b.  Employ personnel as necessary to carry out the duties and responsibilities of the department, consistent with chapter 8A, subchapter IV.c.  Assist the commission in developing state transportation policy and a state transportation plan.d.  Establish temporary advisory boards of a size the director deems appropriate to advise the department.e.  Prepare a budget for the department and prepare reports required by law.f.  Present the department’s proposed budget to the commission prior to December 31 of each year.g.  Appoint the administrators within the department.h.  Review and submit legislative proposals necessary to maintain current state transportation laws.i.  Enter into reciprocal agreements relating to motor vehicle inspections with authorized officials of any other state, subject to approval by the commission. The director may exempt or impose requirements upon nonresident motor vehicles consistent with those imposed upon vehicles of Iowa residents operated in other states.j.  Adopt rules in accordance with chapter 17A as the director deems necessary for the administration of the department and the exercise of the director’s and department’s powers and duties.k.  Reorganize the administration of the department as needed to increase administrative efficiency.l.  Provide for the receipt or disbursement of federal funds allocated to the state and its political subdivisions for transportation purposes.m.  Include in the department’s annual budget all estimated federal funds to be received or allocated to the department.n.  Prepare and submit a report to the general assembly on or before January 15 of each fiscal year describing the prior fiscal year’s highway construction program, actual expenditures of the program, and contractual obligations of the program.o.  Apply for, accept, and expend federal, state, or private funds for the improvement of transportation.p.  Coordinate the transportation research activities within the department.2.  If in the interest of the state, the director may allow a subsistence expense to an employee under the supervision of the department’s administrator responsible for highway programs and activities for continuous stay in one location while on duty away from established headquarters and place of domicile for a period not to exceed forty-five days; and allow automobile expenses in accordance with section 8A.363, for moving an employee and the employee’s family from place of present domicile to new domicile, and actual transportation expense for moving of household goods. The household goods for which transportation expense is allowed shall not include pets or animals.[C75, 77, 79, 81, §307.12]86 Acts, ch 1245, §1909, 91 Acts, ch 268, §510, 92 Acts, ch 1210, §1, 98 Acts, ch 1074, §19, 2003 Acts, ch 145, §239, 240, 2005 Acts, ch 35, §31, 2005 Acts, ch 179, §125, 2006 Acts, ch 1068, §5, 2010 Acts, ch 1061, §105, 2015 Acts, ch 123, §4 – 6, 2023 Acts, ch 85, §8Referred to in 307A.2
    Subsection 1, paragraph n stricken and former paragraphs o – q redesignated as n – p
    307.13Reassignment of personnel.The director may reassign personnel within the department among the various divisions of the department in order to properly coordinate the work of the divisions and perform the duties and responsibilities of the department efficiently and economically. However, any employee so transferred or transferred from one employment system to another, either administratively or legislatively, shall not be considered to be a probationary employee simply because of this action.[C75, 77, 79, 81, §307.13]2020 Acts, ch 1062, §42307.14Official Iowa map.The department shall publish a map of the state of Iowa. At the request of a citizen of a particular city or town, the department shall add the city or town to the existing map of Iowa and identify the main road leading into the city or town if the city or town meets two or more of the following criteria:1.  Has a zip coded post office in the city or town.2.  Has a population of twenty-five or more.3.  Has a building on the national register of historic places in the city or town.4.  Has an association with a public recreation area managed by the department of natural resources in the city or town.5.  Has a high school, grade school, private school, church, or cemetery in the city or town.6.  Has a retail business in the city or town.7.  Has an annual festival or celebration.1991 Acts, ch 139, §1,2307.15 through 307.19 307.20Biodiesel and biodiesel blended fuel revolving fund.1.  A biodiesel and biodiesel blended fuel revolving fund is created in the state treasury. The biodiesel and biodiesel blended fuel revolving fund shall be administered by the department and shall consist of moneys received from the sale of EPAct credits banked by the department on April 19, 2001, moneys appropriated by the general assembly, and any other moneys obtained or accepted by the department for deposit in the fund. Moneys in the fund are appropriated to and shall be used by the department for the purchase of biodiesel and biodiesel blended fuel for use in department vehicles. The department shall submit an annual report not later than January 31 to the members of the general assembly and the legislative services agency, of the expenditures made from the fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the fund shall be credited to the fund.2.  A departmental motor vehicle operating using biodiesel or biodiesel blended fuel shall be affixed with a brightly visible sticker that notifies the traveling public that the motor vehicle uses biodiesel blended fuel.3.  For purposes of this section the following definitions apply:a.  “Biodiesel” and “biodiesel blended fuel” mean the same as defined in section 214A.1.b.  “EPAct credit” means a credit issued pursuant to the federal Energy Policy Act (EPAct), 42 U.S.C. §13201 et seq.2001 Acts, ch 52, §1,3; 2003 Acts, ch 35, §45,49; 2006 Acts, ch 1142, §78307.21Operations and finances.1.  The department’s administrator responsible for the operations and finances of the department shall:a.  Provide for the proper maintenance and protection of the grounds, buildings, and equipment of the department, in cooperation with the department of administrative services.b.  Establish, supervise, and maintain a system of centralized electronic data processing for the department, in cooperation with the department of administrative services.c.  Assist the director in preparing the departmental budget.d.  Provide centralized purchasing services for the department, if authorized by the department of administrative services. The administrator shall, when the price is reasonably competitive and the quality as intended, purchase soybean-based inks and plastic products with recycled content, including but not limited to plastic garbage can liners, and shall purchase these items in accordance with the schedule established in section 8A.315. However, the administrator need not purchase garbage can liners in accordance with the schedule if the liners are utilized by a facility approved by the environmental protection commission created under section 455A.6, for purposes of recycling. For purposes of this section, “recycled content” means that the content of the product contains a minimum of thirty percent postconsumer material.e.  Assist the director in employing the professional, technical, clerical, and secretarial staff for the department and maintain employee records, in cooperation with the department of administrative services and provide personnel services, including but not limited to training, safety education, and employee counseling.f.  Assist the director in coordinating the responsibilities and duties of the various divisions within the department.g.  Carry out all other general administrative duties for the department.h.  Perform such other duties and responsibilities as may be assigned by the director.2.  When performing the duty of providing centralized purchasing services under subsection 1, the administrator shall do all of the following:a.  Purchase and use recycled printing and writing paper in accordance with the schedule established in section 8A.315.b.  Establish a wastepaper recycling program in accordance with recommendations made by the department of natural resources and the requirements of section 8A.329.c.  Require in accordance with section 8A.311 product content statements and compliance with requirements regarding procurement specifications.d.  Comply with the requirements for the purchase of lubricating oils, industrial oils, greases, and hydraulic fluids as established pursuant to section 8A.316.e.  Give preference to purchasing designated biobased products in the same manner as provided in section 8A.317.3.  The department shall report to the general assembly by February 1 of each year, the following:a.  A listing of plastic products which are regularly purchased by the board for which recycled content product alternatives are available, including the cost of the plastic products purchased and the cost of the recycled content product alternatives.b.  Information relating to soybean-based inks and plastic garbage can liners with recycled content regularly purchased by the department, including the cost of purchasing soybean-based inks and plastic garbage can liners with recycled content and the percentages of soybean-based inks and plastic garbage can liners with recycled content that have been purchased.4.  The administrator shall provide for the purchase of qualified renewable fuels to power internal combustion engines that are used to operate motor vehicles and for the purchase of motor vehicles operating using engines powered by qualified renewable fuels in the same manner required for the director of the department of administrative services pursuant to section 8A.368. The department of transportation shall compile information regarding compliance with the provisions of this subsection in the same manner as the department of administrative services pursuant to section 8A.369. The department of transportation shall cooperate with the department of administrative services in preparing the annual state fleet qualified renewable fuels compliance report regarding compliance with this subsection as provided in section 8A.369.5.a.  Of all new passenger vehicles and light pickup trucks purchased by the administrator, a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engines which utilize alternative methods of propulsion, including but not limited to any of the following:(1)  A flexible fuel which is any of the following:(a)  E-85 gasoline as provided in section 214A.2.(b)  B-20 biodiesel blended fuel as provided in section 214A.2.(c)  A renewable fuel approved by the office of renewable fuels and coproducts pursuant to section 159A.3.(2)  Compressed or liquefied natural gas.(3)  Propane gas.(4)  Solar energy.(5)  Electricity.b.  The provisions of this subsection do not apply to vehicles and trucks purchased and directly used for law enforcement or off-road maintenance work.6.  The administrator shall, whenever technically feasible, purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection, “packing material” means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package.7.  The administrator may purchase items from the department of administrative services and may cooperate with the director of the department of administrative services by providing purchasing services for the department of administrative services.[C75, 77, 79, 81, §307.21]86 Acts, ch 1245, §1910, 1911, 88 Acts, ch 1185, §3, 89 Acts, ch 272, §24, 90 Acts, ch 1237, §4, 91 Acts, ch 97, §42, 91 Acts, ch 254, §18, 92 Acts, ch 1095, §3, 93 Acts, ch 26, §6, 93 Acts, ch 176, §40, 94 Acts, ch 1119, §28, 95 Acts, ch 44, §3, 95 Acts, ch 62, §4, 98 Acts, ch 1082, §6, 99 Acts, ch 114, §17, 99 Acts, ch 121, §10, 2000 Acts, ch 1109, §6, 2003 Acts, ch 145, §241, 242, 286, 2006 Acts, ch 1142, §66, 67, 2007 Acts, ch 22, §68, 2008 Acts, ch 1104, §6, 2008 Acts, ch 1169, §39, 42, 2009 Acts, ch 133, §113, 2010 Acts, ch 1031, §75, 2015 Acts, ch 123, §7, 8, 2022 Acts, ch 1067, §40Referred to in 8A.369307.22Planning and programming activities.1.  The department’s administrator responsible for transportation planning and infrastructure program development shall:a.  Assist the director in planning all modes of transportation in order to develop an integrated transportation system providing adequate transportation services for all citizens of the state.b.  Develop and maintain transportation statistical data for the department.c.  Assist the director in establishing, analyzing, and evaluating alternative transportation policies for the state.d.  Coordinate planning duties and responsibilities with the planning functions carried on by other administrators of the department.e.(1)  Annually report by July 1 of each year, for both secondary and farm-to-market systems, miles of earth, granular, and paved surface roads; the daily vehicle miles of travel; and lineal feet of bridge deck under the jurisdiction of each county’s secondary road department, as of the preceding January 1, taking into account roads whose jurisdiction has been transferred from the department to a county or from a county to the department during the previous year. The annual report shall include those roads transferred to a county pursuant to section 306.8A.(2)  Miles of secondary and farm-to-market roads shall not include those miles of farm-to-market extensions within cities under five hundred population that are placed under county secondary road jurisdiction pursuant to section 306.4.(3)  The annual report of updated road and bridge data of both the secondary and farm-to-market roads shall be submitted to the Iowa county engineers association service bureau.f.  Advise and assist the director to study and develop highway transport economics to assure availability and productivity of highway transport services.g.  Perform such other planning functions as may be assigned by the director.2.  The function of planning does not include the detailed design of highways or other modal transportation facilities, but is restricted to the needs of this state for multimodal transportation systems.[C75, 77, 79, 81, §307.22]86 Acts, ch 1245, §1912, 1913, 2002 Acts, ch 1063, §6, 16, 2003 Acts, ch 144, §4, 2005 Acts, ch 20, §2, 2005 Acts, ch 142, §1, 2010 Acts, ch 1061, §180, 2015 Acts, ch 123, §9307.23Legal counsel.1.  It shall be the duty of the attorney general to do all of the following:a.  Act as legal advisor to the department, commission, and director. b.  Provide all legal services for the department.2.  The attorney general shall appoint assistant attorneys general as necessary to carry out these duties. [SS15, §1527-s, -s2; C24, 27, §307.8; C31, 35, §4630, 4630-c1; C39, §4630, 4630.1; C46, 50, 54, 58, 62, 66, 71, 73, §307.8, 307.9; C75, 77, 79, 81, §307.23]86 Acts, ch 1245, §1914, 1915, 2014 Acts, ch 1092, §65, 2023 Acts, ch 19, §2065, 2073
    Section amended
    307.24Administration of highway programs and activities.The department’s administrator responsible for highway programs and activities shall plan, design, construct, and maintain the state primary highways and shall administer chapters 306 through 306C, chapters 309 through 314, chapters 316 through 318, and chapter 320 and perform other duties as assigned by the director. The department shall:1.  Be organized to provide assistance for urban systems and secondary roads, and to provide other categories of assistance as necessary.2.  Devise and adopt standard plans of highway construction and furnish the same to the counties and provide information to the counties on the maintenance practices and policies of the department.3.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, other than railroad signals or crossing lights, located adjacent to a primary road and within three hundred feet of a railroad crossing at grade, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such primary road in observing the approach of trains or in observing signs erected for the purpose of giving warning of such railroad crossing.4.  Order the removal or alteration of any lights or light-reflecting devices, whether on public or private property, located adjacent to a primary road and within three hundred feet of an intersection with another primary road, which in any way interfere with the vision of or may be confusing to a person operating a motor vehicle on such primary road in observing the approach of other vehicles or signs erected for the purpose of giving warning of such intersection.5.  Construct, reconstruct, improve, and maintain state institutional roads and state park roads which are part of the state park, state institution, and other state land road system as defined in section 306.3, and bridges on such roads, roads located on state fairgrounds as described in chapter 173, and the roads and bridges located on property of community colleges as defined in section 260C.2, upon the request of the state board, department, or commission which has jurisdiction over such roads. This shall be done in such manner as may be agreed upon by the state transportation commission and the state board, department, or commission which has jurisdiction. The commission may contract with any county or municipality for the construction, reconstruction, improvement, or maintenance of such roads and bridges. Any state park road which is an extension of either a primary or secondary highway which both enters and exits from a state park at separate points shall be constructed, reconstructed, improved, and maintained as provided in section 306.4. Funds allocated from the road use tax fund for the purposes of this subsection shall be apportioned in the following manner and amounts:a.  For department of natural resources facility roads, forty-five and one-half percent.b.  For department of health and human services facility roads, six and one-half percent.c.  For department of corrections facility roads, five and one-half percent.d.  For national guard facility roads, four percent.e.  For state board of regents facility roads, thirty percent.f.  For state fair board facility roads, two percent.g.  For department of administrative services facility roads, one-half percent.h.  For department of education facility roads, six percent.[C75, 77, 79, 81, §307.24]86 Acts, ch 1245, §1916, 2009 Acts, ch 97, §8, 2015 Acts, ch 123, §10, 2016 Acts, ch 1073, §93, 2023 Acts, ch 19, §1054Referred to in 173.16, 312.2, 312.4, 313.4
    Subsection 5, paragraph b amended
    307.25Aeronautics and public transit.Repealed by 2015 Acts, ch 123, §15. See §307.22 and 307.26.307.26 Administration of modal programs and activities.The department’s administrator responsible for modal programs and activities shall:1.  Advise and assist the director in the development of aeronautics, including but not limited to the location of air terminals; accessibility of air terminals by other modes of public transportation; protective zoning provisions considering safety factors, noise, and air pollution; facilities for private and commercial aircraft; air freight facilities; and such other physical and technical aspects as may be necessary to meet present and future needs.2.  Advise and assist the director in the study of local and regional transportation of goods and people including intracity and intercity bus systems, dial-a-bus facilities, rural and urban bus and taxi systems, the collection of data from these systems, the study of the feasibility of increased government subsidy assistance and the allocation of such subsidies to each mass transportation system, the study of such other physical and technical aspects which may be necessary to meet present and future needs, and the application for, acceptance of, and expending of federal, state, or private funds for the improvement of mass transit.3.  Advise and assist the director in the development of transportation systems and programs for improving passenger and freight services.4.  Advise and assist the director in developing programs in anticipation of railroad abandonment, including:a.  Development and evaluation of programs which will encourage improvement of rail freight and the upgrading of rail lines in order to improve freight service.b.  Advising the director when it may appear in the best interest of the state to assume the role of advocate in railroad abandonments and railroad rate schedules.5.  Develop and maintain a federal-state relationship of programs relating to railroad safety enforcement, track standards, rail equipment, operating rules, and transportation of hazardous materials.6.  Make surveys, plans, and estimates of cost for the elimination of danger at railroad crossings on highways and confer with local and railroad officials with reference to elimination of the danger.7.  Advise and assist the director in the conduct of research on railroad-highway grade crossings and encourage and develop a safety program in order to reduce injuries or fatalities including but not limited to the following:a.  The establishment of standards for warning devices for particularly hazardous crossings or for classes of crossings on highways, which standards shall be designed to reduce injuries, fatalities, and property damage. Such standards shall regulate the use of warning devices and signs, which shall be in addition to the requirements of section 327G.2. Implementation of such standards shall be the responsibility of the government agency or department or political subdivision having jurisdiction and control of the highway and such implementation shall be deemed adequate for the purposes of railroad grade crossing protection. The department, or the political subdivision having jurisdiction, may direct the installation of temporary protection while awaiting installation of permanent protection. A railroad crossing shall not be found to be particularly hazardous for any purpose unless the department has determined it to be particularly hazardous.b.  The development and adoption of classifications of crossings on public highways based upon their characteristics, conditions, and hazards, and standards for warning devices, signals, and signs of each crossing classification. The department shall recommend a schedule for implementation of the standards to the government agency, department, or political subdivision having jurisdiction of the highway and shall provide an annual report to the general assembly on the development and adoption of classifications and standards under this paragraph and their implementation, including information about financing installation of warning devices, signals, and signs. The department shall not be liable for the development or adoption of the classifications or standards. A government agency, department, or political subdivision shall not be liable for failure to implement the standards. A crossing warning or improvement installed or maintained pursuant to standards adopted by the department under this paragraph shall be deemed an adequate and appropriate warning for the crossing.8.  Advise and assist the director to assure availability, efficiency, and productivity of freight and passenger services and to promote the coordination of service between all transportation modes.9.  Advise and assist the director with studies of regulatory changes deemed necessary to effectuate economical and efficient railroad service.10.  Advise and assist the director regarding agreements with railroad corporations for the restoration, conservation, or improvement of railroad as defined in section 327D.2, subsection 3, on such terms, conditions, rates, rentals, or subsidy levels as may be in the best interest of the state. The commission may enter into contracts and agreements which are binding only to the extent that appropriations have been or may subsequently be made by the legislature to effectuate the purposes of this subsection.11.  Administer chapters 324A, 327C through 327H, 327J, 328, 329, and 330.12.  Administer programs and activities in chapters 306D, 307C, 308A, and 315.13.  Perform such other duties and responsibilities as may be assigned by the director.14.  Promote river transportation and coordinate river programs with other transportation modes.15.  Advise and assist the director in the development of river transportation and port facilities in the state.[C75, 77, §307.26, 327H.19; C79, 81, §307.26]86 Acts, ch 1245, §1920, 1921, 90 Acts, ch 1233, §13, 94 Acts, ch 1199, §50, 2006 Acts, ch 1010, §84, 2015 Acts, ch 123, §11, 2016 Acts, ch 1011, §45Referred to in 321.342307.27Motor vehicles, motor carriers, and drivers.The department’s administrator responsible for the enforcement and regulation of motor carriers, registration of motor vehicles, and licensing of drivers shall:1.  Administer and supervise the registration of motor vehicles and the licensing of drivers pursuant to chapter 321.2.  Administer and supervise the licensing of motor vehicle manufacturers, distributors, and dealers pursuant to chapter 322.3.  Administer the inspection of motor vehicles pursuant to chapter 321.4.  Administer motor vehicle registration reciprocity pursuant to chapter 326.5.  Administer the provisions of chapters 321A, 321E, 321F, and 321J relating to motor vehicle financial responsibility, the implied consent law, the movement of vehicles of excessive size and weight, and the leasing and renting of vehicles. 6.  Administer the regulation of motor vehicle franchisers pursuant to chapter 322A.7.  Administer the regulation of motor carriers pursuant to chapters 325A, 326, and 327B.8.  Administer the registration of interstate authority of motor carriers pursuant to chapter 327B as provided in 49 U.S.C. §14504a and United States department of transportation regulations.9.  Administer chapters 321C, 321D, 321H, 321L, 321M, and 322C.[C75, 77, 79, 81, §307.27]86 Acts, ch 1220, §27, 86 Acts, ch 1245, §1922, 90 Acts, ch 1233, §14, 98 Acts, ch 1100, §39, 40, 2003 Acts, ch 108, §53, 2011 Acts, ch 38, §1, 2015 Acts, ch 123, §12307.28Prorating departmental costs.The director shall, with the approval of the commission, prorate the costs of the department which will be expended for highways and such costs shall be paid from money appropriated from the road use tax fund. Prorated costs payable from the road use tax fund shall be based upon that portion of the department’s duties related to the construction, maintenance, and supervision of the public highways within the state or for the payment of bonds issued for the construction of public highways and the payment of interest on such bonds. The general assembly shall appropriate from the general fund of the state the remaining necessary departmental costs.[C75, 77, 79, 81, §307.28]307.29  Reserved.307.30Federal tax compliance.The department shall adopt rules under chapter 17A to provide for certification of federal heavy vehicle use tax collections required by the Surface Transportation Assistance Act of 1982.1983 Acts, ch 9, §2,8307.31Periodic review of revenues — evaluation of alternative funding sources.1.  The department shall periodically review the current revenue levels of the road use tax fund and the sufficiency of those revenues for the projected construction and maintenance needs of city, county, and state governments in the future. The department shall submit a written report to the general assembly regarding its findings by December 31 every five years, beginning in 2011. The report may include recommendations concerning funding levels needed to support the future mobility and accessibility for users of Iowa’s public road system.2.  The department shall evaluate alternative funding sources for road maintenance and construction and report to the general assembly at least every five years on the advantages and disadvantages and the viability of alternative funding mechanisms. The department’s evaluation of alternative funding sources may be included in the report submitted to the general assembly under subsection 1.2007 Acts, ch 200, §5307.32Annual report secondary road construction program structurally deficient bridges.On or before February 15 of each year, the department, in collaboration with the Iowa county engineers association, shall compile the annual reports received from counties pursuant to sections 309.22 and 309.22A into a cumulative report and submit the cumulative report in electronic format to the chairpersons of the senate and house of representatives standing committees on transportation and the legislative services agency. 2016 Acts, ch 1072, §1, 2018 Acts, ch 1077, §1307.33 and 307.34 307.35Inspectors to perform several functions.Repealed by 2015 Acts, ch 123, §15.307.36Project needs — retention of property.It is the intent of the general assembly that not later than July 1, 1992, the state department of transportation shall dispose of all right-of-way owned by the department and not needed for projects. In determining need, the department shall consider both its five-year program requirements and its long-range, statewide corridor development needs, including the development of the network of commercial and industrial highways. The department may also act to preserve right-of-way for improvements to the network of commercial and industrial highways by acquiring options, easements, rights of first refusal, or other property interests less than fee title. In determining need based upon long-range, statewide corridor development, the department shall give careful consideration to economically depressed urban areas not served directly by the national system of interstate and defense highways.1983 Acts, ch 114, §1; 1989 Acts, ch 134, §3307.37Motor vehicle fraud and odometer law enforcement.The department shall investigate and prosecute violators of the laws concerning motor vehicle fraud including, but not limited to, the state and federal odometer law. The department shall refer available evidence concerning a possible violation of the laws concerning motor vehicle fraud including, but not limited to, section 321.71 or the federal odometer law or a rule or order issued under section 321.71 or the federal odometer law, to the attorney general. The attorney general, with or without the referral, may institute appropriate criminal proceedings or may direct the case to the appropriate county attorney to institute appropriate criminal proceedings. The attorney general may use those funds available to the department of justice for this purpose and law enforcement agencies may be reimbursed for expenses incurred in the enforcement of those laws, rules, or orders with the approval of the attorney general.1984 Acts, ch 1305, §45; 1988 Acts, ch 1089, §1Referred to in 321.477307.38Public transit loan.Repealed by 99 Acts, ch 114, §54. 307.39  Reserved.307.40Copies of contracts to legislative services agency.The department shall give a copy of each contract for construction or reconstruction of roads, streets, or bridges entered into by the department in which the contract price is for five million dollars or more to the legislative services agency.1988 Acts, ch 1278, §26; 2003 Acts, ch 35, §45,49307.41 and 307.42 307.43Federal donations.Repealed by 2015 Acts, ch 123, §15.307.44Use of federal moneys — cooperation.1.  If funds are allotted or appropriated by the government of the United States for the improvement of transportation facilities and services in this state, the department may cooperate with the government of the United States, and any agency or department thereof, in the planning, acquisition, contract letting, construction, improvement, maintenance, and operation of transportation facilities and services in this state; may comply with the federal statutes and rules; and may cooperate with the federal government in the expenditure of the federal funds.2.  In order to avoid delays, payment for the street and highway projects or improvements constructed in cooperation with the federal government may be advanced from the primary road fund.86 Acts, ch 1244, §39, 93 Acts, ch 87, §2, 2020 Acts, ch 1062, §94Referred to in 263B.6307.45State-owned lands assessment.1.  Cities and counties may assess the cost of a public improvement against the state when the improvement benefits property owned by the state and under the jurisdiction and control of the department. The director shall pay from the primary road fund the portion of the cost of the improvement which would be legally assessable against the land if privately owned.2.  Assessments against property under the jurisdiction of the department shall be made in the same manner as those made against private property, except that the city or county making the assessment shall cause a copy of the public notice of hearing to be mailed to the director by certified mail.3.  Assessments against property owned by the state and not under the jurisdiction and control of the department shall be made in the same manner as those made against private property and payment shall be subject to authorization by the executive council. There is appropriated from moneys in the general fund not otherwise appropriated an amount necessary to pay the expense authorized by the executive council.86 Acts, ch 1244, §40, 91 Acts, ch 268, §511, 2009 Acts, ch 179, §77, 2011 Acts, ch 131, §33, 158, 2015 Acts, ch 123, §13Referred to in 312.2, 312.4, 313.4, 384.56307.46Use of reversions.1.  Notwithstanding the provisions of section 8.33 or any other provision of law to the contrary, if on June 30 of a fiscal year a balance of an operational appropriation remains unexpended or unencumbered, not more than fifty percent of the balance may be encumbered by the department and used as provided in this section and the remaining balance shall be deposited in the fund from which the money was appropriated. The department shall not encumber an amount in excess of five hundred thousand dollars under this section in any fiscal year. Moneys encumbered under this section shall be used by the department during the succeeding fiscal year for employee training and for technology enhancement. Moneys which are encumbered under this section but not used shall revert to the fund from which the money was appropriated on June 30 of the succeeding fiscal year.2.  On or before June 30 of the fiscal year following the fiscal year in which funds were encumbered under this section, the department shall report to the joint transportation, infrastructure, and capitals appropriations subcommittee, the legislative services agency, the department of management, the general assembly’s standing committees on government oversight, and the legislative fiscal committee of the legislative council detailing how the moneys were expended. Moneys shall not be encumbered under this section from an appropriation which received a transfer from another appropriation pursuant to section 8.39.3.  For purposes of this section, “operational appropriation” means an appropriation from the road use tax fund or primary road fund providing for salaries, support, maintenance, and miscellaneous purposes.99 Acts, ch 120, §1, 5, 2003 Acts, ch 35, §45, 49, 2016 Acts, ch 1073, §94307.47Materials and equipment revolving fund — annual purchase report.1.  The highway materials and equipment revolving fund is created from moneys appropriated out of the primary road fund. From this fund shall be paid all costs for materials and supplies, inventoried stock supplies, maintenance and operational costs of equipment, and equipment replacements incurred in the operation of centralized purchasing under the supervision of the administrator responsible for highway programs and activities. Direct salaries and expenses properly chargeable to direct salaries shall be paid from the fund. For each month the administrator responsible for the operations and finances of the department shall render a statement to each highway unit for the actual cost of materials and supplies, operational and maintenance costs of equipment, and equipment depreciation used. The expense shall be paid by the administrator responsible for the operations and finances of the department in the same manner as other interdepartmental billings are paid. The sum paid shall be credited to the highway materials and equipment revolving fund.2.  If surplus accrues to the revolving fund in excess of one hundred thousand dollars for which there is no anticipated need or use, the governor shall order that surplus reverted to the primary road fund.3.  When a highway unit shares equipment with another administrative unit of the department, the director shall prorate the costs of the equipment among the administrative units using the equipment.4.  The department shall present a purchase report to the legislative services agency prior to the beginning of each regular annual session of the general assembly. The report shall cover all equipment and vehicle purchases through the highway materials and equipment revolving fund during the preceding fiscal year.86 Acts, ch 1244, §41, 88 Acts, ch 1278, §27, 2003 Acts, ch 35, §45, 49, 2015 Acts, ch 123, §14Referred to in 12.28307.48Longevity pay.1.  An employee of the department who was hired by the state highway commission on or before June 30, 1971, is entitled to longevity pay. An employee eligible for longevity pay under this section whose employment is terminated on or after July 1, 1971, if reemployed by the department, forfeits any right the employee may have had to longevity pay.2.  An employee under the supervision of the department’s administrator of highways who became an employee of the state department of transportation on July 1, 1974, retains all rights to longevity pay so long as the employee continues employment with the department.3.  An employee of the office of motor vehicle enforcement of the department of transportation on June 30, 2023, who is transferred to the department of public safety pursuant to 2023 Acts, ch. 85, retains all rights to longevity pay.86 Acts, ch 1245, §1925, 88 Acts, ch 1158, §63, 2020 Acts, ch 1062, §94, 2020 Acts, ch 1063, §134, 2023 Acts, ch 85, §9Referred to in 8A.439
    NEW subsection 3
    307.49Contract bids.1.  A bidder awarded a contract with the department shall disclose the names of all subcontractors, who will work on the project being bid or who the bidder anticipates will work on the project being bid, within forty-eight hours after the award of the contract. If a subcontractor named by a bidder awarded a contract is replaced, or if the cost of work to be done by a subcontractor is reduced, the bidder shall disclose the name of the new subcontractor or the amount of the reduced cost. If a subcontractor is added by a bidder awarded a contract, the bidder shall disclose the name of the new subcontractor.2.  The department shall issue electronic project bid notices for distribution to the targeted small business internet site located at the economic development authority. The notices shall be provided to the targeted small business marketing manager forty-eight hours prior to the issuance of all project bid notices. The notices shall contain a description of the project, a point of contact for each project, and any subcontract goals included in the bid.90 Acts, ch 1161, §3, 98 Acts, ch 1212, §5, 2011 Acts, ch 118, §85, 89, 2013 Acts, ch 90, §257