Bill Text: IA HF2361 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, and including effective date provisions. (Formerly HSB 597)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-04-09 - Amendment S-5144 filed. S.J. 754. [HF2361 Detail]
Download: Iowa-2013-HF2361-Amended.html
House
File
2361
-
Reprinted
HOUSE
FILE
2361
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
597)
(As
Amended
and
Passed
by
the
House
March
26,
2014
)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
transportation,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
2361
(4)
85
dea/nh/md
H.F.
2361
DIVISION
I
1
HIGHWAYS
2
Section
1.
Section
306.3,
unnumbered
paragraph
1,
Code
3
2014,
is
amended
to
read
as
follows:
4
As
used
in
this
chapter
or
in
any
chapter
of
the
Code
5
relating
to
highways
,
except
as
otherwise
specified
:
6
Sec.
2.
Section
306C.1,
subsection
2,
Code
2014,
is
amended
7
to
read
as
follows:
8
2.
“Interstate
highway”
includes
“interstate
road”
and
9
“interstate
system”
and
means
any
highway
of
the
primary
10
national
highway
system
at
any
time
officially
designated
as
a
11
part
of
the
national
system
of
interstate
and
defense
highways
12
by
the
department
and
approved
by
the
appropriate
authority
of
13
the
federal
government.
14
Sec.
3.
Section
306C.1,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
5.
“National
highway
system”
means
the
17
network
designated
by
the
federal
highway
administration
in
18
consultation
with
the
state
department
of
transportation,
which
19
consists
of
interconnected
urban
and
rural
principal
arterials
20
and
highways
that
serve
major
population
centers,
ports,
21
airports,
public
transportation
facilities,
other
intermodal
22
transportation
facilities,
and
other
major
travel
destinations;
23
meet
national
defense
requirements;
and
serve
interstate
and
24
interregional
travel.
25
Sec.
4.
Section
306C.2,
unnumbered
paragraph
1,
Code
2014,
26
is
amended
to
read
as
follows:
27
A
person
shall
not
establish,
operate,
or
maintain
a
28
junkyard,
any
portion
of
which
is
within
one
thousand
feet
of
29
the
nearest
edge
of
the
right-of-way
of
any
interstate
highway
30
on
the
national
highway
system
,
except:
31
Sec.
5.
Section
306C.3,
Code
2014,
is
amended
to
read
as
32
follows:
33
306C.3
Junkyards
lawfully
in
existence.
34
1.
Any
junkyard
located
outside
a
zoned
or
unzoned
35
-1-
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85
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32
H.F.
2361
industrial
area
lawfully
in
existence
on
July
1,
1972,
1
which
is
within
one
thousand
feet
of
the
nearest
edge
of
2
the
right-of-way
and
visible
from
the
main-traveled
portion
3
of
any
highway
on
the
interstate
system
shall
be
screened,
4
if
feasible,
by
the
department,
or
by
the
owner
under
rules
5
and
direction
of
the
department,
at
locations
on
the
highway
6
right-of-way
or
in
areas
acquired
for
such
purposes
outside
7
the
right-of-way
in
order
to
obscure
the
junkyard
from
the
8
main-traveled
way
of
such
highways.
9
2.
Any
junkyard
located
outside
a
zoned
or
unzoned
10
industrial
area
lawfully
in
existence
on
July
1,
2014,
which
11
is
within
one
thousand
feet
of
the
nearest
edge
of
the
12
right-of-way
and
visible
from
the
main-traveled
portion
of
13
any
noninterstate
highway
which
is
on
the
national
highway
14
system
shall
be
screened,
if
feasible,
by
the
department,
or
15
by
the
owner
under
rules
and
direction
of
the
department,
at
16
locations
on
the
highway
right-of-way
or
in
areas
acquired
for
17
such
purposes
outside
the
right-of-way
in
order
to
obscure
the
18
junkyard
from
the
main-traveled
way
of
such
highways.
19
Sec.
6.
Section
306C.10,
subsections
1,
2,
10,
13,
and
20,
20
Code
2014,
are
amended
to
read
as
follows:
21
1.
“Adjacent
area”
means
an
area
which
is
contiguous
to
22
and
within
six
hundred
sixty
feet
of
the
nearest
edge
of
the
23
right-of-way
of
any
interstate,
freeway
primary,
or
primary
24
highway.
25
2.
“Advertising
device”
includes
any
outdoor
sign,
display,
26
device,
figure,
painting,
drawing,
message,
placard,
poster,
27
billboard,
or
any
other
device
designed,
intended,
or
used
to
28
advertise
or
give
information
in
the
nature
of
advertising,
and
29
having
the
capacity
of
being
visible
from
the
traveled
portion
30
of
any
interstate
or
primary
highway.
31
10.
“Interstate
highway”
includes
“interstate
road”
and
32
“interstate
system”
and
means
any
highway
of
the
primary
33
national
highway
system
at
any
time
officially
designated
as
a
34
part
of
the
national
system
of
interstate
and
defense
highways
35
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32
H.F.
2361
by
the
department
and
approved
by
the
appropriate
authority
of
1
the
federal
government.
2
13.
“Primary
highways”
includes
the
entire
primary
system
as
3
officially
designated,
or
as
may
hereafter
be
so
designated,
4
by
the
department
means
all
highways
on
the
national
highway
5
system
and
all
highways
on
the
federal-aid
primary
system
as
it
6
existed
on
June
1,
1991
.
7
20.
“Unzoned
commercial
or
industrial
area”
means
those
areas
8
not
zoned
by
state
or
local
law,
regulation,
or
ordinance,
9
which
are
occupied
by
one
or
more
commercial
or
industrial
10
activities,
and
the
land
along
the
interstate
highways
and
11
primary
highways
for
a
distance
of
seven
hundred
fifty
feet
12
immediately
adjacent
to
the
activities.
All
measurements
13
shall
be
from
the
outer
edge
of
the
regularly
used
buildings,
14
parking
lots,
storage,
or
processing
areas
of
the
activities
15
and
shall
be
parallel
to
the
edge
of
pavement
of
the
highway.
16
Measurements
shall
not
be
from
the
property
line
of
the
17
activities
unless
that
property
line
coincides
with
the
limits
18
of
the
activities.
Unzoned
commercial
or
industrial
areas
19
shall
not
include
land
on
the
opposite
side
of
the
highway
from
20
the
commercial
or
industrial
activities.
21
Sec.
7.
Section
306C.10,
Code
2014,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
12A.
“National
highway
system”
means
the
24
network
designated
by
the
federal
highway
administration
in
25
consultation
with
the
state
department
of
transportation,
which
26
consists
of
interconnected
urban
and
rural
principal
arterials
27
and
highways
that
serve
major
population
centers,
ports,
28
airports,
public
transportation
facilities,
other
intermodal
29
transportation
facilities,
and
other
major
travel
destinations;
30
meet
national
defense
requirements;
and
serve
interstate
and
31
interregional
travel.
32
Sec.
8.
Section
306C.12,
Code
2014,
is
amended
to
read
as
33
follows:
34
306C.12
None
visible
from
highway.
35
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32
H.F.
2361
An
advertising
device
shall
not
be
constructed
or
1
reconstructed
beyond
the
adjacent
area
in
unincorporated
areas
2
of
the
state
if
it
is
visible
from
the
main-traveled
way
of
3
any
interstate
or
primary
highway
except
for
advertising
4
devices
permitted
in
section
306C.11,
subsections
1
and
2
.
5
Any
advertising
device
permitted
beyond
an
adjacent
area
in
6
unincorporated
areas
of
the
state
shall
be
subject
to
the
7
applicable
permit
provisions
of
section
306C.18
.
8
Sec.
9.
Section
306C.13,
subsections
2,
3,
4,
and
5,
Code
9
2014,
are
amended
to
read
as
follows:
10
2.
Advertising
devices
located
within
the
adjacent
11
area
of
nonfreeway
primary
highways
shall
not
be
erected
or
12
maintained
closer
to
another
advertising
device
facing
in
the
13
same
direction
than
one
hundred
feet
if
inside
the
corporate
14
limits
of
a
municipality.
No
advertising
device,
other
than
15
as
excepted
or
permitted
by
subsections
subsection
4,
5,
or
6
16
of
this
section
,
shall
be
located
within
the
triangular
area
17
formed
by
the
line
connecting
two
points
each
fifty
feet
back
18
from
the
point
where
the
street
right-of-way
lines
of
the
19
main-traveled
way
and
the
intersecting
street
meet,
or
would
20
meet,
if
extended.
21
3.
Advertising
devices
located
within
the
adjacent
area
of
22
nonfreeway
primary
highways
shall
not
be
erected
or
maintained
23
closer
to
another
advertising
device
facing
in
the
same
24
direction
than
three
hundred
feet
if
outside
the
corporate
25
limits
of
a
municipality.
No
advertising
device,
other
than
26
those
excepted
or
permitted
by
subsections
subsection
4,
5,
or
27
6
of
this
section
,
shall
be
located
within
the
triangular
area
28
formed
by
a
line
connecting
two
points
each
one
hundred
feet
29
back
from
the
point
where
the
street
right-of-way
lines
of
the
30
main-traveled
way
and
the
intersecting
street
meet,
or
would
31
meet,
if
extended.
32
4.
The
distance
spacing
measurements
fixed
by
subsections
2
33
and
3
of
this
section
shall
not
apply
to
advertising
devices
34
which
are
separated
by
a
building
in
such
a
manner
that
only
35
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one
advertising
device
located
within
the
minimum
spacing
1
distance
is
visible
from
a
highway
at
any
one
time.
2
5.
Within
a
triangular
area,
as
defined
by
subsections
2
3
and
3
of
this
section
,
occupied
by
a
building
or
structure,
no
4
advertising
device
shall
be
erected
or
maintained
closer
to
the
5
intersection
than
the
building
or
structure
itself,
except
that
6
a
wall
advertising
device
may
be
attached
to
said
building
or
7
structure
not
to
protrude
more
than
twelve
inches.
8
Sec.
10.
Section
306C.13,
subsection
8,
paragraph
g,
Code
9
2014,
is
amended
to
read
as
follows:
10
g.
The
standards
contained
in
this
section
pertaining
to
11
size,
lighting,
and
spacing
shall
not
apply
to
advertising
12
devices
erected
or
maintained
within
six
hundred
sixty
feet
13
of
the
right-of-way
of
those
portions
of
the
interstate
14
highway
system
exempted
from
control
under
chapter
306B
by
15
authority
of
section
306B.2,
subsection
4
,
nor
to
advertising
16
devices
erected
and
maintained
within
adjacent
areas
along
17
noninterstate
primary
highways
within
zoned
and
unzoned
18
commercial
and
industrial
areas,
unless
said
advertising
19
devices
were
erected
subsequent
to
July
1,
1972.
20
DIVISION
II
21
TRANSPORTATION
DEPARTMENT
AND
COMMISSION
22
DEPARTMENT
OF
TRANSPORTATION
23
Sec.
11.
Section
307.8,
Code
2014,
is
amended
to
read
as
24
follows:
25
307.8
Expenses.
26
Members
of
the
commission,
the
The
director
,
and
other
27
employees
of
the
department
shall
be
allowed
their
actual
and
28
necessary
expenses
incurred
in
the
performance
of
their
duties.
29
All
expenses
and
salaries
shall
be
paid
from
appropriations
30
for
such
purposes
,
and
the
department
shall
be
subject
to
the
31
budget
requirements
of
chapter
8
.
32
Sec.
12.
Section
307.12,
subsection
1,
paragraphs
g
and
p,
33
Code
2014,
are
amended
to
read
as
follows:
34
g.
Appoint
the
deputy
director
of
transportation
and
the
35
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32
H.F.
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administrators
of
within
the
department.
1
p.
Administer
chapter
327J
Apply
for,
accept,
and
expend
2
federal,
state,
or
private
funds
for
the
improvement
of
3
transportation
.
4
Sec.
13.
Section
307.12,
subsection
1,
Code
2014,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
q.
Coordinate
the
transportation
research
7
activities
within
the
department.
8
Sec.
14.
Section
307.12,
subsection
2,
Code
2014,
is
amended
9
to
read
as
follows:
10
2.
If
in
the
interest
of
the
state,
the
director
may
allow
11
a
subsistence
expense
to
an
employee
under
the
supervision
of
12
the
department’s
administrator
responsible
for
highways
highway
13
programs
and
activities
for
continuous
stay
in
one
location
14
while
on
duty
away
from
established
headquarters
and
place
of
15
domicile
for
a
period
not
to
exceed
forty-five
days;
and
may
16
allow
automobile
expenses
in
accordance
with
section
8A.363
,
17
for
moving
an
employee
and
the
employee’s
family
from
place
of
18
present
domicile
to
new
domicile,
and
actual
transportation
19
expense
for
moving
of
household
goods.
The
household
goods
for
20
which
transportation
expense
is
allowed
shall
not
include
pets
21
or
animals.
22
Sec.
15.
Section
307.21,
subsection
1,
unnumbered
paragraph
23
1,
Code
2014,
is
amended
to
read
as
follows:
24
The
department’s
administrator
of
administrative
services
25
responsible
for
the
operations
and
finances
of
the
department
26
shall:
27
Sec.
16.
Section
307.21,
subsection
7,
Code
2014,
is
amended
28
to
read
as
follows:
29
7.
The
administrator
of
administrative
services
may
30
purchase
items
from
the
department
of
administrative
services
31
and
may
cooperate
with
the
director
of
the
department
of
32
administrative
services
by
providing
purchasing
services
for
33
the
department
of
administrative
services.
34
Sec.
17.
Section
307.22,
Code
2014,
is
amended
to
read
as
35
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32
H.F.
2361
follows:
1
307.22
Planning
and
research
programming
activities
.
2
1.
The
department’s
administrator
of
responsible
for
3
transportation
planning
and
research
infrastructure
program
4
development
shall:
5
a.
Assist
the
director
in
planning
all
modes
of
6
transportation
in
order
to
develop
an
integrated
transportation
7
system
providing
adequate
transportation
services
for
all
8
citizens
of
the
state.
9
b.
Develop
and
maintain
transportation
statistical
data
for
10
the
department.
11
c.
Assist
the
director
in
establishing,
analyzing,
and
12
evaluating
alternative
transportation
policies
for
the
state.
13
d.
Coordinate
planning
and
research
duties
and
14
responsibilities
with
the
planning
functions
carried
on
by
15
other
administrators
of
the
department.
16
e.
(1)
Annually
report
by
July
1
of
each
year,
for
both
17
secondary
and
farm-to-market
systems,
the
miles
of
earth,
18
granular,
and
paved
surface
roads;
the
daily
vehicle
miles
19
of
travel;
and
the
lineal
feet
of
bridge
deck
under
the
20
jurisdiction
of
each
county’s
secondary
road
department,
as
21
of
the
preceding
January
1,
taking
into
account
roads
whose
22
jurisdiction
has
been
transferred
from
the
department
to
a
23
county
or
from
a
county
to
the
department
during
the
previous
24
year.
The
annual
report
shall
include
those
roads
transferred
25
to
a
county
pursuant
to
section
306.8A
.
26
(2)
Miles
of
secondary
and
farm-to-market
roads
shall
not
27
include
those
miles
of
farm-to-market
extensions
within
cities
28
under
five
hundred
population
that
are
placed
under
county
29
secondary
road
jurisdiction
pursuant
to
section
306.4
.
30
(3)
The
annual
report
of
updated
road
and
bridge
data
of
31
both
the
secondary
and
farm-to-market
roads
shall
be
submitted
32
to
the
Iowa
county
engineers
association
service
bureau.
33
f.
Advise
and
assist
the
director
in
the
study
and
34
development
of
highway
transport
economics
to
assure
35
-7-
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2361
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32
H.F.
2361
availability
and
productivity
of
highway
transport
services.
1
f.
g.
Perform
such
other
planning
functions
as
may
be
2
assigned
by
the
director.
3
2.
The
functions
of
planning
and
research
infrastructure
4
program
development
do
not
include
the
detailed
design
5
of
highways
or
other
modal
transportation
facilities,
but
6
are
restricted
to
the
needs
of
this
state
for
multimodal
7
transportation
systems.
8
Sec.
18.
Section
307.24,
Code
2014,
is
amended
to
read
as
9
follows:
10
307.24
Administration
of
highways
highway
programs
and
11
activities
.
12
The
department’s
administrator
of
highways
is
responsible
13
for
the
planning,
design,
construction,
and
maintenance
of
14
highway
programs
and
activities
shall
plan,
design,
construct,
15
and
maintain
the
state
primary
highways
and
shall
administer
16
chapters
306
to
through
306C,
chapters
309
through
314,
17
chapters
316
through
318,
and
chapter
320
and
perform
other
18
duties
as
assigned
by
the
director.
The
administration
of
19
highways
department
shall
be
:
20
1.
Be
organized
to
provide
administration
assistance
for
21
urban
systems
,
for
and
secondary
roads,
and
provide
other
22
categories
of
administration
assistance
as
necessary.
23
2.
Devise
and
adopt
standard
plans
of
highway
construction
24
and
furnish
the
same
to
the
counties
and
provide
information
25
to
the
counties
on
the
maintenance
practices
and
policies
of
26
the
department.
27
3.
Order
the
removal
or
alteration
of
any
lights
or
28
light-reflecting
devices,
whether
on
public
or
private
29
property,
other
than
railroad
signals
or
crossing
lights,
30
located
adjacent
to
a
primary
road
and
within
three
hundred
31
feet
of
a
railroad
crossing
at
grade,
which
in
any
way
32
interfere
with
the
vision
of
or
may
be
confusing
to
a
person
33
operating
a
motor
vehicle
on
such
primary
road
in
observing
34
the
approach
of
trains
or
in
observing
signs
erected
for
the
35
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32
H.F.
2361
purpose
of
giving
warning
of
such
railroad
crossing.
1
4.
Order
the
removal
or
alteration
of
any
lights
or
2
light-reflecting
devices,
whether
on
public
or
private
3
property,
located
adjacent
to
a
primary
road
and
within
4
three
hundred
feet
of
an
intersection
with
another
primary
5
road,
which
in
any
way
interfere
with
the
vision
of
or
may
be
6
confusing
to
a
person
operating
a
motor
vehicle
on
such
primary
7
road
in
observing
the
approach
of
other
vehicles
or
signs
8
erected
for
the
purpose
of
giving
warning
of
such
intersection.
9
5.
Construct,
reconstruct,
improve,
and
maintain
state
10
institutional
roads
and
state
park
roads
which
are
part
of
the
11
state
park,
state
institution,
and
other
state
land
road
system
12
as
defined
in
section
306.3,
and
bridges
on
such
roads,
roads
13
located
on
the
state
fairgrounds
as
described
in
chapter
173,
14
and
the
roads
and
bridges
located
on
community
college
property
15
as
described
in
chapter
260C,
upon
the
request
of
the
state
16
board,
department,
or
commission
which
has
jurisdiction
over
17
such
roads.
Such
construction,
reconstruction,
improvement,
18
or
maintenance
shall
be
done
in
such
manner
as
may
be
agreed
19
upon
by
the
state
transportation
commission
and
the
state
20
board,
department,
or
commission
which
has
jurisdiction.
The
21
commission
may
contract
with
any
county
or
municipality
for
22
the
construction,
reconstruction,
improvement,
or
maintenance
23
of
such
roads
and
bridges.
Any
state
park
road
which
is
an
24
extension
of
either
a
primary
or
secondary
highway
which
both
25
enters
and
exits
from
a
state
park
at
separate
points
shall
26
be
constructed,
reconstructed,
improved,
and
maintained
as
27
provided
in
section
306.4.
Funds
allocated
from
the
road
28
use
tax
fund
for
the
purposes
of
this
subsection
shall
be
29
apportioned
in
the
following
manner
and
amounts:
30
a.
For
department
of
natural
resources
facility
roads,
31
forty-five
and
one-half
percent.
32
b.
For
department
of
human
services
facility
roads,
six
and
33
one-half
percent.
34
c.
For
department
of
corrections
facility
roads,
five
and
35
-9-
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2361
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9/
32
H.F.
2361
one-half
percent.
1
d.
For
national
guard
facility
roads,
four
percent.
2
e.
For
state
board
of
regents
facility
roads,
thirty
3
percent.
4
f.
For
state
fair
board
facility
roads,
two
percent.
5
g.
For
department
of
administrative
services
facility
roads,
6
one-half
percent.
7
h.
For
department
of
education
facility
roads,
six
percent.
8
Sec.
19.
Section
307.26,
Code
2014,
is
amended
to
read
as
9
follows:
10
307.26
Rail
and
water
Administration
of
modal
programs
and
11
activities
.
12
The
department’s
administrator
responsible
for
rail
and
13
water
modal
programs
and
activities
shall:
14
1.
Advise
and
assist
the
director
in
conducting
research
15
on
the
basic
railroad
problems
and
identify
the
present
16
capability
of
the
existing
railroads
in
order
to
determine
17
the
present
obligation
of
the
railroads
to
provide
acceptable
18
levels
of
public
service.
Advise
and
assist
the
director
19
in
the
development
of
aeronautics
including
but
not
limited
20
to
the
location
of
air
terminals,
accessibility
of
air
21
terminals
by
other
modes
of
public
transportation,
protective
22
zoning
provisions
considering
safety
factors,
noise,
and
air
23
pollution,
facilities
for
private
and
commercial
aircraft,
24
air
freight
facilities,
and
such
other
physical
and
technical
25
aspects
as
may
be
necessary
to
meet
present
and
future
needs.
26
2.
Advise
and
assist
the
director
in
the
study
of
local
27
and
regional
transportation
of
goods
and
people
including
28
intracity
and
intercity
bus
systems,
dial-a-bus
facilities,
29
rural
and
urban
bus
and
taxi
systems,
the
collection
of
data
30
from
these
systems,
a
feasibility
study
of
increased
government
31
subsidy
assistance
and
determination
of
the
allocation
of
such
32
subsidies
to
each
mass
transportation
system,
and
such
other
33
physical
and
technical
aspects
as
may
be
necessary
to
meet
34
present
and
future
needs,
and
apply
for,
accept,
and
expend
35
-10-
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(4)
85
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10/
32
H.F.
2361
federal,
state,
or
private
funds
for
the
improvement
of
mass
1
transit.
2
2.
3.
Advise
and
assist
the
director
in
the
development
3
of
rail
transportation
systems
and
programs
for
expansion
of
4
improving
passenger
and
freight
services.
5
3.
4.
Advise
and
assist
the
director
in
developing
programs
6
in
anticipation
of
railroad
abandonment,
including:
7
a.
Development
and
evaluation
of
programs
which
will
8
encourage
improvement
of
rail
freight
and
the
upgrading
of
rail
9
lines
in
order
to
improve
freight
service.
10
b.
Development
of
alternative
modes
of
transportation
to
11
areas
and
communities
which
lose
rail
service.
12
c.
b.
Advise
Advising
the
director
when
it
may
appear
in
13
the
best
interest
of
the
state
to
assume
the
role
of
advocate
14
in
railroad
abandonments
and
railroad
rate
schedules.
15
4.
5.
Develop
and
maintain
a
federal-state
relationship
16
of
programs
relating
to
railroad
safety
enforcement,
track
17
standards,
rail
equipment,
operating
rules
,
and
transportation
18
of
hazardous
materials.
19
6.
Make
surveys,
plans,
and
estimates
of
cost
for
safety
20
enhancement
at
railroad
crossings
on
highways,
and
confer
21
with
local
and
railroad
officials
with
reference
to
safety
22
enhancement
projects.
23
5.
7.
Advise
and
assist
the
director
in
the
conduct
of
24
research
on
railroad-highway
grade
crossings
and
encourage
25
and
develop
a
safety
program
in
order
to
reduce
injuries
or
26
fatalities
including
,
but
not
limited
to
,
the
following:
27
a.
The
implementation
of
a
program
of
constructing
rumble
28
strips
at
grade
crossings
on
selected
hard
surface
roads.
29
b.
a.
The
establishment
of
standards
for
warning
devices
30
for
particularly
hazardous
crossings
or
for
classes
of
31
crossings
on
highways,
which
standards
are
shall
be
designed
32
to
reduce
injuries,
fatalities
,
and
property
damage.
Such
33
standards
shall
regulate
the
use
of
warning
devices
and
34
signs
,
which
shall
be
in
addition
to
the
requirements
of
35
-11-
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2361
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32
H.F.
2361
section
327G.2
.
Implementation
of
such
standards
shall
be
1
the
responsibility
of
the
government
agency
,
or
department
,
2
or
political
subdivision
having
jurisdiction
and
control
of
3
the
highway
and
such
implementation
shall
be
deemed
adequate
4
for
the
purposes
of
railroad
grade
crossing
protection.
The
5
department,
or
the
political
subdivision
having
jurisdiction,
6
may
direct
the
installation
of
temporary
protection
while
7
awaiting
installation
of
permanent
protection.
A
railroad
8
crossing
shall
not
be
found
to
be
particularly
hazardous
for
9
any
purpose
unless
the
department
has
determined
it
to
be
10
particularly
hazardous.
11
c.
b.
The
development
and
adoption
of
classifications
of
12
crossings
on
public
highways
based
upon
their
characteristics,
13
conditions,
and
hazards,
and
standards
for
warning
devices,
14
signals,
and
signs
of
each
crossing
classification.
The
15
department
shall
recommend
a
schedule
for
implementation
16
of
the
standards
to
the
government
agency,
department,
or
17
political
subdivision
having
jurisdiction
of
the
highway
and
18
shall
provide
an
annual
report
to
the
general
assembly
on
the
19
development
and
adoption
of
classifications
and
standards
under
20
this
paragraph
and
their
implementation,
including
information
21
about
financing
installation
of
warning
devices,
signals,
and
22
signs.
The
department
shall
not
be
liable
for
the
development
23
or
adoption
of
the
classifications
or
standards.
A
government
24
agency,
department,
or
political
subdivision
shall
not
be
25
liable
for
failure
to
implement
the
standards.
A
crossing
26
warning
or
improvement
installed
or
maintained
pursuant
to
27
standards
adopted
by
the
department
under
this
paragraph
“b”
28
shall
be
deemed
an
adequate
and
appropriate
warning
for
the
29
crossing.
30
6.
Apply
for,
accept,
and
expend
federal,
state
or
private
31
funds
for
the
improvement
of
rail
transportation.
32
7.
8.
Advise
and
assist
the
director
on
studies
for
to
33
assure
availability,
efficiency,
and
productivity
of
freight
34
and
passenger
services
and
to
promote
the
coordination
of
35
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HF
2361
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85
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32
H.F.
2361
railway
service
with
that
of
other
between
all
transportation
1
modes.
2
8.
9.
Advise
and
assist
the
director
with
studies
of
3
regulatory
changes
deemed
necessary
to
effectuate
economical
4
and
efficient
railroad
service.
5
9.
10.
Advise
and
assist
the
director
regarding
agreements
6
with
railroad
corporations
for
the
restoration,
conservation
,
7
or
improvement
of
railroad
as
defined
in
section
327D.2,
8
subsection
3
,
on
such
terms,
conditions,
rates,
rentals,
or
9
subsidy
levels
as
may
be
in
the
best
interest
of
the
state.
10
The
commission
may
enter
into
contracts
and
agreements
which
11
are
binding
only
to
the
extent
that
appropriations
have
been
12
or
may
subsequently
be
made
by
the
legislature
to
effectuate
13
the
purposes
of
this
subsection
.
14
10.
11.
Administer
chapters
324A,
327C
through
327H
,
327J,
15
328,
329,
and
330
.
16
12.
Administer
programs
and
activities
in
chapter
17
306D
relating
to
scenic
routes,
chapter
307C
relating
to
18
the
Missouri
river
barge
compact,
chapter
308
relating
19
to
the
Mississippi
river
parkway,
chapter
308A
relating
20
to
recreational
bikeways,
and
chapter
315
relating
to
the
21
revitalize
Iowa’s
sound
economy
fund.
22
11.
13.
Perform
such
other
duties
and
responsibilities
as
23
may
be
assigned
by
the
director
and
the
commission
.
24
12.
Advise
and
assist
in
the
establishment
and
development
25
of
railroad
districts
upon
request.
26
13.
Conduct
innovative
experimental
programs
relating
to
27
rail
transportation
problems
within
the
state.
28
14.
Enter
the
role
of
“applicant”
pursuant
to
the
Railroad
29
Revitalization
and
Regulatory
Reform
Act
of
1976,
Pub.
L.
No.
30
94-210,
and
take
such
actions
as
are
necessary
to
accomplish
31
this
role.
32
15.
Identify
those
segments
of
railroad
trackage
which,
if
33
improved,
may
provide
increased
transportation
services
for
34
the
citizens
of
this
state.
The
department
shall
develop
and
35
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32
H.F.
2361
implement
programs
to
encourage
the
improvement
of
rail
freight
1
services
on
such
railroad
trackage.
2
16.
14.
Promote
river
transportation
and
coordinate
river
3
programs
with
other
transportation
modes.
4
17.
15.
Advise
and
assist
the
director
in
the
development
5
of
river
transportation
and
port
facilities
in
the
state.
6
Sec.
20.
Section
307.27,
Code
2014,
is
amended
to
read
as
7
follows:
8
307.27
Motor
vehicles
,
motor
carriers,
and
drivers
.
9
The
department’s
administrator
responsible
for
the
10
enforcement
and
regulation
of
motor
carriers,
registration
of
11
motor
vehicles
,
and
the
licensing
of
drivers
shall:
12
1.
Administer
and
supervise
the
registration
of
motor
13
vehicles
and
the
licensing
of
drivers
pursuant
to
chapter
321
.
14
2.
Administer
and
supervise
the
licensing
of
motor
vehicle
15
manufacturers,
distributors
,
and
dealers
pursuant
to
chapter
16
322
.
17
3.
Administer
the
inspection
of
motor
vehicles
pursuant
to
18
chapter
321
.
19
4.
Administer
motor
vehicle
registration
reciprocity
20
pursuant
to
chapter
326
.
21
5.
Administer
the
provisions
of
chapters
321A
,
321E
,
321F
,
22
and
321J
relating
to
motor
vehicle
financial
responsibility,
23
the
implied
consent
law,
the
movement
of
vehicles
of
excessive
24
size
and
weight
,
and
the
leasing
and
renting
of
vehicles.
25
6.
Administer
the
regulation
of
motor
vehicle
franchisers
26
pursuant
to
chapter
322A
.
27
7.
Administer
the
regulation
of
motor
carriers
pursuant
to
28
chapter
chapters
325A
,
326,
and
327B
.
29
8.
Administer
the
registration
of
interstate
authority
30
of
motor
carriers
pursuant
to
chapter
327B
as
provided
in
49
31
U.S.C.
§
14504a
and
United
States
department
of
transportation
32
regulations.
33
9.
Administer
chapter
321C
relating
to
interstate
drivers
34
license
compacts;
chapter
321D
relating
to
vehicle
equipment
35
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85
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32
H.F.
2361
compacts;
chapter
321H
relating
to
vehicle
recyclers;
chapter
1
321L
relating
to
parking
for
persons
with
disabilities;
chapter
2
321M
relating
to
county
issuance
of
driver’s
licenses;
and
3
chapter
322C
relating
to
travel
trailer
dealers,
manufacturers,
4
and
distributors.
5
Sec.
21.
Section
307.45,
Code
2014,
is
amended
to
read
as
6
follows:
7
307.45
State-owned
lands
——
assessment.
8
1.
Cities
and
counties
may
assess
the
cost
of
a
public
9
improvement
against
the
state
when
the
improvement
benefits
10
property
owned
by
the
state
and
under
the
jurisdiction
11
and
control
of
the
department’s
administrator
of
highways
12
department
.
The
director
shall
pay
from
the
primary
road
fund
13
the
portion
of
the
cost
of
the
improvement
which
would
be
14
legally
assessable
against
the
land
if
privately
owned.
15
2.
Assessments
against
property
under
the
jurisdiction
of
16
the
department’s
administrator
of
highways
department
shall
be
17
made
in
the
same
manner
as
those
made
against
private
property,
18
except
that
the
city
or
county
making
the
assessment
shall
19
cause
a
copy
of
the
public
notice
of
hearing
to
be
mailed
to
the
20
director
by
certified
mail.
21
3.
Assessments
against
property
owned
by
the
state
and
22
not
under
the
jurisdiction
and
control
of
the
department’s
23
administrator
of
highways
department
shall
be
made
in
the
same
24
manner
as
those
made
against
private
property
,
and
payment
25
shall
be
subject
to
authorization
by
the
executive
council.
26
There
is
appropriated
from
moneys
in
the
general
fund
not
27
otherwise
appropriated
an
amount
necessary
to
pay
the
expense
28
authorized
by
the
executive
council.
29
Sec.
22.
Section
307.47,
subsections
1
and
3,
Code
2014,
are
30
amended
to
read
as
follows:
31
1.
The
highway
materials
and
equipment
revolving
fund
32
is
created
from
moneys
appropriated
out
of
the
primary
road
33
fund.
From
this
fund
shall
be
paid
all
costs
for
materials
34
and
supplies,
inventoried
stock
supplies,
maintenance
and
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operational
costs
of
equipment,
and
equipment
replacements
1
incurred
in
the
operation
of
centralized
purchasing
under
the
2
supervision
of
the
department’s
administrator
of
highways
3
administrator
responsible
for
highway
programs
and
activities
.
4
Direct
salaries
and
expenses
properly
chargeable
to
direct
5
salaries
shall
be
paid
from
the
fund.
For
each
month
,
the
6
director
administrator
responsible
for
the
operations
and
7
finances
of
the
department
shall
render
a
statement
to
each
8
highway
unit
under
the
supervision
of
the
administrator
9
of
highways
for
the
actual
cost
of
materials
and
supplies,
10
operational
and
maintenance
costs
of
equipment,
and
equipment
11
depreciation
used.
The
expense
shall
be
paid
by
the
12
administrator
of
highways
responsible
for
the
operations
13
and
finances
of
the
department
in
the
same
manner
as
other
14
interdepartmental
billings
are
paid
,
and
when
the
expense
is
15
paid
by
the
administrator
of
highways,
the
sum
paid
shall
be
16
credited
to
the
highway
materials
and
equipment
revolving
fund.
17
3.
When
the
highway
units
under
the
supervision
of
18
the
administrator
of
highways
share
equipment
with
other
19
administrative
units
of
the
department,
the
director
shall
20
prorate
the
costs
of
the
equipment
among
the
administrative
21
units
using
the
equipment.
22
Sec.
23.
REPEAL.
Sections
307.3,
307.4,
307.5,
307.6,
23
307.7,
307.9,
307.10,
307.25,
307.35,
and
307.43,
Code
2014,
24
are
repealed.
25
STATE
TRANSPORTATION
COMMISSION
26
Sec.
24.
NEW
SECTION
.
307A.1A
Transportation
commission.
27
1.
There
is
created
a
state
transportation
commission
which
28
shall
consist
of
seven
members,
not
more
than
four
of
whom
29
shall
be
from
the
same
political
party.
The
governor
shall
30
appoint
the
members
of
the
commission
for
a
term
of
four
years
31
beginning
and
ending
as
provided
by
section
69.19,
subject
to
32
confirmation
by
the
senate.
33
2.
The
commission
shall
meet
in
May
of
each
year
for
the
34
purpose
of
electing
one
of
its
members
as
chairperson.
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2361
Sec.
25.
Section
307A.2,
Code
2014,
is
amended
to
read
as
1
follows:
2
307A.2
Duties.
3
Said
The
commission
shall:
4
1.
Devise
and
adopt
standard
plans
of
highway
construction
5
and
furnish
the
same
to
the
counties
and
provide
information
6
to
the
counties
on
the
maintenance
practices
and
policies
of
7
the
department.
Develop,
coordinate,
and
annually
update
a
8
comprehensive
transportation
policy
and
plan
for
the
state.
9
2.
Furnish
information
and
instruction
to,
answer
inquiries
10
of,
and
advise
with,
highway
officers
on
matters
of
highway
11
construction
and
maintenance
and
the
reasonable
cost
thereof.
12
Promote
the
coordinated
and
efficient
use
of
all
available
13
modes
of
transportation
for
the
benefit
of
the
state
and
14
its
citizens
including
but
not
limited
to
the
designation
15
and
development
of
multimodal
public
transfer
facilities
if
16
carriers
or
other
private
businesses
fail
to
develop
such
17
facilities.
18
3.
Reserved.
19
4.
Make
surveys,
plans,
and
estimates
of
cost,
for
the
20
elimination
of
danger
at
railroad
crossings
on
highways,
and
21
confer
with
local
and
railroad
officials
with
reference
to
22
elimination
of
the
danger.
23
5.
Assist
the
board
of
supervisors
and
the
department
24
general
counsel
in
the
defense
of
suits
wherein
infringement
of
25
patents,
relative
to
highway
construction,
is
alleged.
26
6.
Make
surveys
for
the
improvement
of
highways
upon
or
27
adjacent
to
state
property
when
requested
by
the
board
or
28
department
in
control
of
said
lands.
29
7.
Record
all
important
operations
of
said
commission
and,
30
at
the
time
provided
by
law,
report
the
same
to
the
governor.
31
8.
Incur
no
expense
to
the
state
by
sending
out
road
32
lecturers.
33
9.
Order
the
removal
or
alteration
of
any
lights
or
34
light-reflecting
devices,
whether
on
public
or
private
35
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2361
property,
other
than
railroad
signals
or
crossing
lights,
1
located
adjacent
to
a
primary
road
and
within
three
hundred
2
feet
of
a
railroad
crossing
at
grade,
which
in
any
way
3
interfere
with
the
vision
of
or
may
be
confusing
to
a
person
4
operating
a
motor
vehicle
on
such
highway
in
observing
the
5
approach
of
trains
or
in
observing
signs
erected
for
the
6
purpose
of
giving
warning
of
such
railroad
crossing.
7
10.
Order
the
removal
or
alteration
of
any
lights
or
8
light-reflecting
devices,
whether
on
public
or
private
9
property,
located
adjacent
to
a
primary
road
and
within
10
three
hundred
feet
of
an
intersection
with
another
primary
11
road,
which
in
any
way
interfere
with
the
vision
of
or
may
be
12
confusing
to
a
person
operating
a
motor
vehicle
on
such
highway
13
in
observing
the
approach
of
other
vehicles
or
signs
erected
14
for
the
purpose
of
giving
warning
of
such
intersection.
15
11.
Construct,
reconstruct,
improve,
and
maintain
state
16
institutional
roads
and
state
park
roads,
which
are
part
of
17
the
state
park,
state
institution,
and
other
state
land
road
18
system
as
defined
in
section
306.3
,
and
bridges
on
such
roads,
19
roads
located
on
state
fairgrounds
as
defined
in
chapter
173
,
20
and
the
roads
and
bridges
located
on
community
college
property
21
as
defined
in
chapter
260C
,
upon
the
request
of
the
state
22
board,
department,
or
commission
which
has
jurisdiction
over
23
such
roads.
This
shall
be
done
in
such
manner
as
may
be
agreed
24
upon
by
the
state
transportation
commission
and
the
state
25
board,
department,
or
commission
which
has
jurisdiction.
The
26
commission
may
contract
with
any
county
or
municipality
for
27
the
construction,
reconstruction,
improvement,
or
maintenance
28
of
such
roads
and
bridges.
Any
state
park
road
which
is
an
29
extension
of
either
a
primary
or
secondary
highway
which
both
30
enters
and
exits
from
a
state
park
at
separate
points
shall
31
be
constructed,
reconstructed,
improved,
and
maintained
as
32
provided
in
section
306.4
.
Funds
allocated
from
the
road
33
use
tax
fund
for
the
purposes
of
this
subsection
shall
be
34
apportioned
in
the
following
manner
and
amounts:
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a.
For
department
of
natural
resources
facility
roads,
1
forty-five
and
one-half
percent.
2
b.
For
department
of
human
services
facility
roads,
six
and
3
one-half
percent.
4
c.
For
department
of
corrections
facility
roads,
five
and
5
one-half
percent.
6
d.
For
national
guard
facility
roads,
four
percent.
7
e.
For
state
board
of
regents
facility
roads,
thirty
8
percent.
9
f.
For
state
fair
board
facility
roads,
two
percent.
10
g.
For
department
of
administrative
services
facility
roads,
11
one-half
percent.
12
h.
For
department
of
education
facility
roads,
six
percent.
13
12.
3.
Prepare,
adopt,
and
cause
to
be
published
a
14
long-range
program
for
the
primary
road
system,
in
conjunction
15
with
the
state
transportation
plan
adopted
by
the
commission.
16
Such
program
shall
be
prepared
for
a
period
of
at
least
five
17
years
and
shall
be
revised,
brought
up-to-date,
and
republished
18
at
least
once
every
year
in
order
to
have
a
continuing
19
five-year
program.
The
program
shall
include,
insofar
as
such
20
estimates
can
be
made,
an
estimate
of
the
money
expected
to
21
become
available
during
the
period
covered
by
the
program
and
22
a
statement
of
the
construction,
maintenance,
and
other
work
23
planned
to
be
performed
during
such
period.
The
commission
24
shall
conduct
periodic
reinspections
of
the
primary
roads
in
25
order
to
revise,
from
time
to
time,
its
estimates
of
future
26
needs
to
conform
to
the
physical
and
service
conditions
27
of
the
primary
roads.
The
commission
shall
annually
cause
28
to
be
published
a
sufficiency
rating
report
showing
the
29
relative
conditions
of
the
primary
roads.
Before
the
last
30
day
of
December
of
each
year,
the
commission
shall
adopt
and
31
cause
to
be
published
from
its
long-range
program
,
a
plan
of
32
improvements
to
be
accomplished
during
the
next
calendar
year.
33
However,
in
years
when
the
federal
government
is
reauthorizing
34
federal
highway
funding,
the
commission
shall
not
be
required
35
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2361
to
adopt
and
publish
the
annual
plan
of
improvements
to
be
1
accomplished
until
at
least
ninety
days
from
the
enactment
2
of
the
new
federal
funding
formula.
This
annual
program
3
shall
list
definite
projects
in
order
of
urgency
and
shall
4
include
a
reasonable
year’s
work
with
the
funds
estimated
to
5
be
available.
The
annual
program
shall
be
final
and
followed
6
by
the
commission
in
the
next
year
except
that
deviations
may
7
be
made
in
case
of
disaster
or
other
unforeseen
emergencies
8
or
difficulties.
The
relative
urgency
of
the
proposed
9
improvements
shall
be
determined
by
a
consideration
of
the
10
physical
condition,
safety,
and
service
characteristics
of
the
11
various
primary
roads.
12
13.
4.
The
criteria
used
by
the
commission
for
allocating
13
funds
as
a
result
of
any
long-range
planning
process
shall
be
14
adopted
in
accordance
with
the
provisions
of
chapter
17A
.
The
15
commission
shall
adopt
such
rules
and
regulations
in
accordance
16
with
the
provisions
of
chapter
17A
as
it
may
deem
necessary
to
17
transact
its
business
and
for
the
administration
and
exercise
18
of
its
powers
and
duties.
19
14.
5.
Identify,
within
the
primary
road
system,
a
network
20
of
commercial
and
industrial
highways
in
accordance
with
21
section
313.2A
.
The
improvement
of
this
network
shall
be
22
considered
in
the
development
of
the
long-range
program
and
23
plan
of
improvements
under
this
section
.
24
6.
Approve
all
rules
prior
to
their
adoption
by
the
director
25
pursuant
to
section
307.12,
subsection
1,
paragraph
“j”
.
26
Sec.
26.
NEW
SECTION
.
307A.3
Conflict
of
interest.
27
A
person
shall
not
serve
as
a
member
of
the
commission
who
28
has
an
interest
in
a
contract
or
job
of
work
or
material
or
the
29
profits
thereof
or
service
to
be
performed
for
the
department.
30
Any
member
of
the
commission
who
accepts
employment
with
or
31
acquires
any
stock,
bonds,
or
other
interest
in
any
company
32
or
corporation
doing
business
with
the
department
shall
be
33
disqualified
from
remaining
a
member
of
the
commission.
34
Sec.
27.
NEW
SECTION
.
307A.4
Vacancies
on
commission.
35
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32
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2361
1.
Any
vacancy
in
the
membership
of
the
commission
shall
be
1
filled
in
the
same
manner
as
regular
appointments
are
made
for
2
the
unexpired
portion
of
the
regular
term.
3
2.
In
the
event
the
governor
fails
to
make
an
appointment
4
to
fill
a
vacancy
or
fails
to
submit
the
appointment
to
the
5
senate
for
confirmation
as
required
by
section
2.32,
the
senate
6
may
make
the
appointment
prior
to
adjournment
of
the
general
7
assembly.
8
Sec.
28.
NEW
SECTION
.
307A.5
Compensation
——
commission
9
members.
10
Each
member
of
the
commission
shall
be
compensated
as
11
provided
in
section
7E.6.
12
Sec.
29.
NEW
SECTION
.
307A.6
Commission
meetings.
13
The
commission
shall
meet
at
the
call
of
the
chairperson
or
14
when
any
four
members
of
the
commission
file
a
written
request
15
with
the
chairperson
for
a
meeting.
Written
notice
of
the
16
time
and
place
of
each
meeting
shall
be
given
to
each
member
17
of
the
commission.
A
majority
of
the
commission
members
shall
18
constitute
a
quorum.
19
Sec.
30.
NEW
SECTION
.
307A.7
Expenses.
20
Members
of
the
commission
shall
be
allowed
their
actual
and
21
necessary
expenses
incurred
in
the
performance
of
their
duties.
22
All
expenses
and
salaries
shall
be
paid
from
appropriations
for
23
such
purposes.
24
Sec.
31.
NEW
SECTION
.
307A.8
Removal
from
office.
25
Any
member
of
the
commission
may
be
removed
for
any
of
26
the
causes
and
in
the
manner
provided
in
chapter
66
and
such
27
removal
shall
not
be
in
lieu
of
any
other
punishment
that
may
28
be
prescribed
by
the
laws
of
this
state.
29
CONFORMING
AMENDMENTS
30
Sec.
32.
Section
173.16,
unnumbered
paragraph
1,
Code
2014,
31
is
amended
to
read
as
follows:
32
All
expenses
incurred
in
maintaining
the
state
fairgrounds
33
and
in
conducting
the
annual
fair
on
it
the
state
fairgrounds
,
34
including
the
compensation
and
expenses
of
the
officers,
35
-21-
HF
2361
(4)
85
dea/nh/md
21/
32
H.F.
2361
members,
and
employees
of
the
board,
shall
be
recorded
by
the
1
secretary
and
paid
from
the
state
fair
receipts,
unless
a
2
specific
appropriation
has
been
provided
for
that
purpose.
The
3
board
may
request
special
capital
improvement
appropriations
4
from
the
state
and
may
request
emergency
funding
from
the
5
executive
council
for
natural
disasters.
The
board
may
request
6
that
the
department
of
transportation
provide
maintenance
in
7
accordance
with
section
307A.2
307.24
,
subsection
11
5
.
8
Sec.
33.
Section
312.2,
subsection
2,
unnumbered
paragraph
9
1,
Code
2014,
is
amended
to
read
as
follows:
10
The
treasurer
of
state
shall
before
making
the
allotments
11
in
subsection
1
credit
annually
to
the
highway
grade
crossing
12
safety
fund
the
sum
of
seven
hundred
thousand
dollars,
credit
13
annually
from
the
road
use
tax
fund
the
sum
of
nine
hundred
14
thousand
dollars
to
the
highway
railroad
grade
crossing
surface
15
repair
fund,
credit
monthly
to
the
primary
road
fund
the
16
dollars
yielded
from
an
allotment
of
sixty-five
hundredths
of
17
one
percent
of
all
road
use
tax
funds
for
the
express
purpose
18
of
carrying
out
subsection
11
of
section
307A.2
,
section
19
313.4,
subsection
2
,
section
307.24,
subsection
5,
and
section
20
307.45
,
and
credit
annually
to
the
primary
road
fund
the
sum
of
21
five
hundred
thousand
dollars
to
be
used
for
paying
expenses
22
incurred
by
the
state
department
of
transportation
other
than
23
expenses
incurred
for
extensions
of
primary
roads
in
cities.
24
All
unobligated
funds
provided
by
this
subsection
,
except
those
25
funds
credited
to
the
highway
grade
crossing
safety
fund,
shall
26
at
the
end
of
each
year
revert
to
the
road
use
tax
fund.
Funds
27
in
the
highway
grade
crossing
safety
fund
shall
not
revert
to
28
the
road
use
tax
fund
except
to
the
extent
they
exceed
five
29
hundred
thousand
dollars
at
the
end
of
any
biennium.
The
cost
30
of
each
highway
railroad
grade
crossing
repair
project
shall
be
31
allocated
in
the
following
manner:
32
Sec.
34.
Section
312.4,
subsection
5,
Code
2014,
is
amended
33
to
read
as
follows:
34
5.
The
amount
of
the
road
use
tax
fund
which
has
been
35
-22-
HF
2361
(4)
85
dea/nh/md
22/
32
H.F.
2361
credited
to
carry
out
the
provisions
of
section
307A.2,
1
subsection
11
,
section
313.4,
subsection
2
,
section
307.24,
2
subsection
5,
and
section
307.45
.
3
Sec.
35.
Section
313.4,
subsection
2,
Code
2014,
is
amended
4
to
read
as
follows:
5
2.
Such
fund
is
also
appropriated
and
shall
be
used
for
the
6
construction,
reconstruction,
improvement
,
and
maintenance
of
7
state
institutional
roads
and
state
park
roads
and
bridges
on
8
such
roads
and
roads
and
bridges
on
community
college
property
9
as
provided
in
section
307A.2
307.24
,
subsection
11
5
,
for
10
restoration
of
secondary
roads
used
as
primary
road
detours
and
11
for
compensation
of
counties
for
such
use,
for
restoration
of
12
municipal
streets
so
used
and
for
compensation
of
cities
for
13
such
use,
and
for
the
payments
required
in
section
307.45
.
14
DIVISION
III
15
MISCELLANEOUS
PROVISIONS
16
Sec.
36.
Section
321.50,
subsection
5,
Code
2014,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
d.
For
purposes
of
this
subsection,
a
19
security
interest
noted
on
an
Iowa
certificate
of
title
and
20
appearing
in
the
statewide
computer
system
and
the
county’s
21
records
shall
be
presumed
to
be
discharged
upon
presentation
of
22
a
valid
certificate
of
title
subsequently
issued
by
a
foreign
23
jurisdiction
on
which
the
security
interest
is
no
longer
noted.
24
Sec.
37.
Section
321.176A,
subsection
1,
Code
2014,
is
25
amended
to
read
as
follows:
26
1.
A
farmer
or
a
person
working
for
a
farmer
while
operating
27
a
commercial
motor
vehicle
controlled
by
the
farmer
within
one
28
hundred
fifty
air
miles
of
the
farmer’s
farm
to
transport
the
29
farmer’s
own
agricultural
products,
farm
machinery,
or
farm
30
supplies
to
or
from
the
farm
covered
farm
vehicle
as
defined
31
in
the
federal
Moving
Ahead
for
Progress
in
the
21st
Century
32
Act,
Pub.
L.
No.
112-141,
§32934
.
The
exemption
provided
in
33
this
subsection
shall
apply
to
farmers
who
assist
each
other
34
through
an
exchange
of
services
and
shall
include
operation
of
35
-23-
HF
2361
(4)
85
dea/nh/md
23/
32
H.F.
2361
a
commercial
motor
vehicle
between
the
farms
of
the
farmers
who
1
are
exchanging
services.
2
Sec.
38.
Section
321.187,
Code
2014,
is
amended
to
read
as
3
follows:
4
321.187
Examiners.
5
1.
The
department
shall
examine
applicants
for
driver’s
6
licenses.
Examiners
of
the
department
shall
wear
an
7
identifying
badge
and
uniform
provided
by
the
department.
8
2.
The
department
may
by
rule
designate
community
colleges
9
established
under
chapter
260C
and
other
third-party
testers
to
10
administer
the
driving
skills
test
required
for
a
commercial
11
driver’s
license
,
provided
that
all
of
the
following
occur:
12
a.
The
driving
skills
test
is
the
same
as
that
which
would
13
otherwise
be
administered
by
the
state.
14
b.
The
examiner
third-party
tester
contractually
agrees
to
15
comply
with
the
requirements
of
49
C.F.R.
§383.75
as
adopted
by
16
rule
by
the
department.
17
c.
Any
third-party
skills
test
examiner
used
by
the
18
third-party
tester
shall
meet
the
requirements
of
49
C.F.R.
19
§383.75
and
49
C.F.R.
§384.228,
as
adopted
by
rule
by
the
20
department.
The
department
shall
adopt
rules
requiring
that
a
21
third-party
tester,
other
than
a
community
college
established
22
under
chapter
260C,
shall
be
an
Iowa-based
motor
carrier
or
23
its
subsidiary
that
has
its
principal
office
within
this
state
24
and
operates
a
permanent
commercial
driver
training
facility
25
in
this
state.
The
rules
may
also
provide
that
a
third-party
26
tester
conduct
a
number
of
skills
test
examinations
above
the
27
number
required
under
49
C.F.R.
§383.75
in
order
to
remain
28
qualified
as
a
third-party
tester
under
this
section.
29
3.
As
used
in
this
section,
“third-party
tester”
and
30
“third-party
skills
test
examiner”
mean
as
defined
in
49
C.F.R.
31
§383.5.
32
Sec.
39.
Section
321.257,
subsection
2,
paragraphs
g
and
h,
33
Code
2014,
are
amended
to
read
as
follows:
34
g.
A
“don’t
walk”
or
“steady
upraised
hand”
light
is
a
35
-24-
HF
2361
(4)
85
dea/nh/md
24/
32
H.F.
2361
pedestrian
signal
which
means
that
pedestrian
traffic
facing
1
the
illuminated
pedestrian
signal
shall
not
start
to
cross
2
the
roadway
in
the
direction
of
the
pedestrian
signal,
and
3
pedestrian
traffic
in
the
crossing
shall
proceed
to
a
safety
4
zone.
5
h.
A
“walk”
or
“walking
person”
light
is
a
pedestrian
signal
6
which
means
that
pedestrian
traffic
facing
the
illuminated
7
pedestrian
signal
may
proceed
to
cross
the
roadway
in
the
8
direction
of
the
pedestrian
signal
and
shall
be
given
the
9
right-of-way
by
drivers
of
all
vehicles.
10
Sec.
40.
Section
321.257,
subsection
2,
Code
2014,
is
11
amended
by
adding
the
following
new
paragraphs:
12
NEW
PARAGRAPH
.
0g.
A
“flashing
yellow
arrow”
light
shown
13
alone
or
with
another
official
traffic-control
signal
means
14
vehicular
traffic
may
cautiously
enter
the
intersection
15
and
proceed
only
in
the
direction
indicated
by
the
arrow.
16
Vehicular
traffic
shall
yield
the
right-of-way
to
other
17
vehicles
and
pedestrians
lawfully
within
the
intersection
and
18
any
vehicle
on
the
opposing
approach
which
is
approaching
so
19
closely
as
to
constitute
an
immediate
hazard
during
the
time
20
the
driver
is
moving
within
the
intersection.
21
NEW
PARAGRAPH
.
0h.
A
“flashing
upraised
hand”
or
“upraised
22
hand
with
countdown”
light
is
a
pedestrian
signal
which
means
23
that
pedestrian
traffic
facing
the
illuminated
pedestrian
24
signal
shall
not
start
to
cross
the
roadway
in
the
direction
of
25
the
pedestrian
signal,
and
pedestrian
traffic
in
the
crossing
26
shall
proceed
to
a
safety
zone.
The
“upraised
hand
with
27
countdown”
light
is
a
pedestrian
signal
that
also
provides
the
28
time
remaining
for
the
pedestrian
to
complete
the
crossing.
29
Sec.
41.
Section
321.258,
Code
2014,
is
amended
to
read
as
30
follows:
31
321.258
Arrangement
of
lights
on
official
traffic-control
32
signals.
33
1.
Colored
lights
placed
on
a
vertical
official
34
traffic-control
signal
face
shall
be
arranged
from
the
top
to
35
-25-
HF
2361
(4)
85
dea/nh/md
25/
32
H.F.
2361
the
bottom
in
the
following
order
when
used:
1
a.
Circular
red
,
circular
.
2
b.
Steady
and/or
flashing
left-turn
red
arrow.
3
c.
Steady
and/or
flashing
right-turn
red
arrow.
4
d.
Circular
yellow
,
circular
.
5
e.
Circular
green
,
straight
through
yellow
arrow,
straight
6
through
.
7
f.
Straight-through
green
arrow
,
left
turn
.
8
g.
Steady
left-turn
yellow
arrow
,
left
turn
.
9
h.
Flashing
left-turn
yellow
arrow.
10
i.
Left-turn
green
arrow
,
right
turn
.
11
j.
Steady
right-turn
yellow
arrow
,
and
right
turn
.
12
k.
Flashing
right-turn
yellow
arrow.
13
l.
Right-turn
green
arrow.
14
2.
Colored
lights
placed
on
a
horizontal
official
15
traffic-control
signal
face
shall
be
arranged
from
the
left
to
16
the
right
in
the
following
order
when
used:
17
a.
Circular
red
,
circular
.
18
b.
Steady
and/or
flashing
left-turn
red
arrow.
19
c.
Steady
and/or
flashing
right-turn
red
arrow.
20
d.
Circular
yellow
,
left
turn
.
21
e.
Steady
left-turn
yellow
arrow
,
left
turn
.
22
f.
Flashing
left-turn
yellow
arrow.
23
g.
Left-turn
green
arrow
,
circular
.
24
h.
Circular
green
,
straight
through
yellow
.
25
i.
Straight-through
green
arrow
,
straight
through
green
.
26
j.
Steady
right-turn
yellow
arrow
,
right
turn
.
27
k.
Flashing
right-turn
yellow
arrow
,
and
right
turn
.
28
l.
Right-turn
green
arrow.
29
Sec.
42.
Section
328.24,
unnumbered
paragraph
1,
Code
2014,
30
is
amended
to
read
as
follows:
31
If,
during
the
year
for
which
an
aircraft,
except
32
nonresident
aircraft
used
for
the
application
of
herbicides
33
and
pesticides,
was
registered
and
the
required
fee
paid
,
the
34
aircraft
is
destroyed
by
fire
or
accident
or
junked,
and
its
35
-26-
HF
2361
(4)
85
dea/nh/md
26/
32
H.F.
2361
identity
as
an
aircraft
entirely
eliminated,
or
it
the
aircraft
1
is
removed
and
continuously
used
beyond
the
boundaries
of
the
2
state,
then
the
owner
in
whose
name
it
was
registered
at
the
3
time
of
destruction,
dismantling,
or
removal
from
the
state
4
shall
return
the
certificate
of
registration
to
the
department
5
within
ten
thirty
days
and
make
affidavit
of
the
destruction,
6
dismantling,
or
removal
and
make
claim
for
the
refund.
The
7
refund
shall
be
paid
from
the
general
fund
of
the
state.
8
Sec.
43.
2012
Iowa
Acts,
chapter
1129,
section
4,
is
amended
9
to
read
as
follows:
10
SEC.
4.
ROAD
USE
TAX
FUND
EFFICIENCY
MEASURES
11
——
QUARTERLY
ANNUAL
REPORTS.
The
department
of
transportation
12
shall
submit
quarterly
reports
a
report
annually
on
or
before
13
December
31
in
an
electronic
format
to
the
co-chairpersons
14
of
the
joint
appropriations
subcommittee
on
transportation,
15
infrastructure,
and
capitals,
the
chairpersons
of
the
senate
16
and
house
standing
committees
on
transportation,
the
department
17
of
management,
and
the
legislative
services
agency
regarding
18
the
implementation
of
efficiency
measures
identified
in
the
19
“Road
Use
Tax
Fund
Efficiency
Report”,
January
2012.
The
20
reports
shall
provide
details
of
activities
undertaken
in
21
the
previous
quarter
year
relating
to
one-time
and
long-term
22
program
efficiencies
and
partnership
efficiencies.
Issues
to
23
be
covered
in
the
reports
shall
include
but
are
not
limited
24
to
savings
realized
from
the
implementation
of
particular
25
efficiency
measures;
updates
concerning
measures
that
have
26
not
been
implemented;
efforts
involving
cities,
counties,
27
other
jurisdictions,
or
stakeholder
interest
groups;
any
28
new
efficiency
measures
identified
or
undertaken;
and
29
identification
of
any
legislative
action
that
may
be
required
30
to
achieve
efficiencies.
The
first
report
shall
be
submitted
31
by
October
1,
2012.
32
Sec.
44.
SCHOOL
BUS
SAFETY
VIOLATIONS
——
DRIVER
IMPROVEMENT
33
PROGRAM
OPTION
FOR
FIRST
OFFENSE.
Notwithstanding
2012
Iowa
34
Acts,
chapter
1015,
section
5,
subsection
2,
by
July
1,
2014,
35
-27-
HF
2361
(4)
85
dea/nh/md
27/
32
H.F.
2361
the
department
of
transportation
shall
initiate
rulemaking
by
1
amending
761
IAC
615.43
to
include
a
person
who
is
convicted
2
for
a
first
violation
of
section
321.372,
subsection
3,
among
3
the
persons
who
may
be
required,
in
lieu
of
driver’s
license
4
suspension,
to
attend
and
successfully
complete,
at
the
5
person’s
own
expense,
a
driver
improvement
program
approved
6
by
the
department,
subject
to
all
other
provisions
of
761
IAC
7
615.43.
8
Sec.
45.
EFFECTIVE
UPON
ENACTMENT.
The
following
provision
9
of
this
division
of
this
Act,
being
deemed
of
immediate
10
importance,
takes
effect
upon
enactment:
11
1.
The
section
of
this
Act
relating
to
school
bus
safety
12
violations
——
driver
improvement
program
option
for
first
13
offense.
14
Sec.
46.
INTERSECTION
REPORT.
By
October
1,
2014,
the
15
county
engineer
of
each
county
shall
provide
a
report
to
16
the
department
of
transportation
identifying
all
locations
17
in
the
county
where
two
different
roads
or
highways
having
18
speed
limits
of
55
miles
per
hour
or
greater
intersect
but
19
are
not
controlled
by
an
official
traffic-control
signal
20
or
by
official
traffic-control
devices
that
direct
traffic
21
approaching
from
every
direction
to
stop
or
yield
before
22
entering
the
intersection.
On
or
before
December
31,
2014,
the
23
department
shall
file
a
report
with
the
legislative
services
24
agency
detailing
the
number
and
locations
of
the
intersections
25
identified
in
the
county
engineers’
reports.
26
DIVISION
IV
27
MOTOR
VEHICLE
DEALERS
28
Sec.
47.
Section
321.48,
Code
2014,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
2A.
Notwithstanding
subsections
1
and
2,
31
requirements
in
those
subsections
for
obtaining
title
to
a
32
vehicle
or
acknowledging
assignment
and
warranty
of
title
do
33
not
apply
to
a
dealer
who
sells
a
motor
vehicle
to
a
purchaser
34
in
a
consignment
transaction
authorized
under
section
322.7B.
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2361
Sec.
48.
Section
321.57,
subsection
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
1.
A
dealer
owning
any
vehicle
of
a
type
otherwise
3
required
to
be
registered
under
this
chapter
may
operate
or
4
move
the
vehicle
upon
the
highways
solely
for
purposes
of
5
transporting,
testing,
demonstrating,
or
selling
the
vehicle
6
without
registering
the
vehicle,
upon
condition
that
the
7
vehicle
display
in
the
manner
prescribed
in
sections
321.37
8
and
321.38
a
special
plate
issued
to
the
owner
as
provided
in
9
sections
321.58
through
321.62
.
A
dealer
may
operate
or
move
10
upon
the
highways
a
vehicle
owned
by
the
dealer
for
either
11
private
or
business
purposes
,
including
hauling
a
load
or
12
towing
a
trailer,
without
registering
it
if
the
vehicle
is
in
13
the
dealer’s
inventory
and
is
continuously
offered
for
sale
at
14
retail,
and
there
is
displayed
on
it
a
special
plate
issued
to
15
the
dealer
as
provided
in
sections
321.58
through
321.62
.
A
16
dealer
may
operate
or
move
upon
the
highways
an
unregistered
17
vehicle
owned
by
a
lessor
licensed
pursuant
to
chapter
321F
18
solely
for
the
purpose
of
delivering
the
vehicle
to
the
owner
19
or
transporting
the
vehicle
to
or
from
an
auction
if
there
is
20
displayed
on
the
vehicle
a
special
plate
issued
to
the
dealer
21
as
provided
in
sections
321.58
through
321.62
.
22
Sec.
49.
Section
321.60,
Code
2014,
is
amended
to
read
as
23
follows:
24
321.60
Issuance
of
special
plates.
25
The
department
shall
also
issue
special
plates
as
applied
26
for,
which
shall
display
the
general
distinguishing
number
27
assigned
to
the
applicant.
Each
plate
so
issued
shall
28
also
contain
a
number
or
symbol
identifying
the
plate
and
29
distinguishing
it
from
every
other
plate
bearing
the
same
30
general
distinguishing
number.
The
fee
for
each
special
plate
31
is
forty
dollars
for
a
two-year
period
or
part
thereof.
The
32
fee
for
a
special
plate
used
on
a
vehicle
that
is
hauling
a
33
load
or
towing
a
trailer
is
seven
hundred
fifty
dollars
for
a
34
two-year
period
or
part
thereof.
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Sec.
50.
Section
321.69A,
subsection
1,
paragraph
a,
1
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
2
(2)
The
actual
cost
of
any
labor
or
parts
charged
to
or
3
performed
by
the
dealer
for
any
such
repairs,
adjustments,
or
4
parts
does
not
exceed
four
percent
of
the
dealer’s
adjusted
5
cost
manufacturer’s
suggested
retail
price
.
6
Sec.
51.
Section
321.69A,
subsections
2
and
3,
Code
2014,
7
are
amended
to
read
as
follows:
8
2.
A
person
licensed
as
a
new
motor
vehicle
dealer
pursuant
9
to
chapter
322
shall
disclose
in
writing,
at
or
before
the
10
time
of
sale
or
lease,
to
the
buyer
or
lessee
of
a
new
motor
11
vehicle
that
the
vehicle
has
been
subject
to
any
repairs
of
12
damage
to
or
adjustments
on
or
replacements
of
parts
with
new
13
parts
if
the
actual
cost
of
any
labor
or
parts
charged
to
or
14
performed
by
the
dealer
for
any
such
repairs,
adjustments,
15
or
parts
exceeds
four
percent
of
the
dealer’s
adjusted
cost
16
manufacturer’s
suggested
retail
price
.
The
written
disclosure
17
shall
include
the
signature
of
the
buyer
or
lessee
and
be
in
18
a
form
and
in
a
format
approved
by
the
attorney
general
by
19
rule.
A
dealer
shall
retain
a
copy
of
each
written
disclosure
20
issued
pursuant
to
this
section
for
five
years
from
the
date
21
of
issuance.
22
3.
As
used
in
this
section
,
“dealer’s
adjusted
cost”
23
“manufacturer’s
suggested
retail
price”
means
the
amount
paid
by
24
the
dealer
to
the
manufacturer
or
other
source
for
the
vehicle,
25
including
any
freight
charges,
but
excluding
any
sum
paid
by
26
the
manufacturer
to
the
dealer
as
a
holdback
or
other
monetary
27
incentive
relating
to
the
vehicle
required
to
be
disclosed
by
a
28
dealer
pursuant
to
15
U.S.C.
§1232(f)(4)
.
29
Sec.
52.
Section
321.105A,
subsection
2,
paragraph
c,
30
subparagraph
(14),
Code
2014,
is
amended
to
read
as
follows:
31
(14)
Vehicles
purchased
by
a
licensed
motor
vehicle
dealer
32
for
resale
or
primarily
for
use
by
the
dealer’s
customers
while
33
the
customers’
vehicles
are
being
serviced
or
repaired
by
the
34
dealer
.
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Sec.
53.
NEW
SECTION
.
322.7B
Consignment
sales
of
motor
1
trucks.
2
A
licensed
motor
vehicle
dealer
may
sell
a
used
motor
truck
3
on
a
consignment
basis
if
all
of
the
following
conditions
4
apply:
5
1.
The
dealer
is
licensed
to
sell
used
motor
vehicles.
6
2.
The
motor
truck
offered
for
sale
has
a
gross
vehicle
7
weight
rating
of
twenty-six
thousand
one
or
more
pounds.
8
3.
The
dealer
prominently
displays
the
words
“consignment
9
vehicle”
on
the
motor
truck
and
indicates
clearly
in
the
sales
10
documentation
that
the
motor
truck
is
a
consignment
vehicle.
11
The
dealer
shall
put
customers
on
notice
that
the
dealer
does
12
not
have
title
to
the
vehicle
and
does
not
warranty
the
title.
13
4.
The
purchaser
certifies
to
the
dealer
that
the
person
is
14
either
a
corporation,
limited
liability
company,
or
partnership
15
or
a
person
who
files
a
schedule
C
or
schedule
F
form
for
16
federal
income
tax
purposes,
and
that
the
motor
truck
is
being
17
purchased
for
business
purposes,
and
not
for
personal
use.
18
5.
The
dealer
assumes
no
liability
for
damages
resulting
19
from
a
customer’s
test
drive
of
the
motor
truck,
and
the
20
consignor
maintains
financial
liability
coverage
as
required
21
under
section
321.20B
or
325A.6,
as
appropriate,
for
the
motor
22
truck
throughout
the
term
of
the
consignment.
23
Sec.
54.
Section
322.9,
subsection
2,
paragraphs
a,
b,
and
24
c,
Code
2014,
are
amended
to
read
as
follows:
25
a.
Failing
upon
the
sale
or
transfer
of
a
vehicle
,
except
26
upon
the
sale
of
a
vehicle
under
section
322.7B,
to
deliver
to
27
the
purchaser
or
transferee
of
the
vehicle
sold
or
transferred,
28
a
manufacturer’s
or
importer’s
certificate,
or
a
certificate
of
29
title
duly
assigned,
as
provided
in
chapter
321
.
30
b.
Failing
upon
the
purchasing
or
otherwise
acquiring
of
a
31
vehicle
,
except
a
vehicle
acquired
on
consignment
under
section
32
322.7B,
to
obtain
a
manufacturer’s
or
importer’s
certificate,
33
or
a
certificate
of
title
duly
assigned
as
provided
in
chapter
34
321
.
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