Bill Text: IA HF249 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the issuance of driver’s licenses, nonoperator’s identification cards, and persons with disabilities identification devices by community colleges.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-01 - NOBA: Graybook [HF249 Detail]

Download: Iowa-2017-HF249-Introduced.html

---

House File 249 - Introduced




                                 HOUSE FILE       
                                 BY  JONES

                                      A BILL FOR

  1 An Act relating to the issuance of driver's licenses,
  2    nonoperator's identification cards, and persons with
  3    disabilities identification devices by community colleges.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2330YH (2) 87
    ns/nh

PAG LIN



  1  1    Section 1.  Section 321.218A, Code 2017, is amended to read
  1  2 as follows:
  1  3    321.218A  Civil penalty ==== disposition ==== reinstatement.
  1  4    When the department suspends, revokes, or bars a person's
  1  5 driver's license or nonresident operating privilege for a
  1  6 conviction under this chapter, the department shall assess
  1  7 the person a civil penalty of two hundred dollars. However,
  1  8 for persons age nineteen or under, the civil penalty assessed
  1  9 shall be fifty dollars. The civil penalty does not apply to
  1 10 a suspension issued for a violation of section 321.180B. The
  1 11 money collected by the department under this section shall be
  1 12 transmitted to the treasurer of state who shall deposit the
  1 13 money in the juvenile detention home fund created in section
  1 14 232.142. Except as provided in section 321.210B, a temporary
  1 15 restricted license shall not be issued or a driver's license
  1 16 or nonresident operating privilege reinstated until the civil
  1 17 penalty has been paid. A person assessed a penalty under this
  1 18 section may remit the civil penalty along with a processing
  1 19 fee of five dollars to a county treasurer or community college
  1 20  authorized to issue driver's licenses under chapter 321M, or
  1 21 the civil penalty may be paid directly to the department.
  1 22    Sec. 2.  Section 321A.32A, Code 2017, is amended to read as
  1 23 follows:
  1 24    321A.32A  Civil penalty ==== disposition ==== reinstatement.
  1 25    When the department suspends, revokes, or bars a person's
  1 26 driver's license or nonresident operating privilege under this
  1 27 chapter, the department shall assess the person a civil penalty
  1 28 of two hundred dollars. However, for persons age nineteen or
  1 29 under, the civil penalty assessed shall be fifty dollars. The
  1 30 money collected by the department under this section shall be
  1 31 transmitted to the treasurer of state who shall deposit the
  1 32 money in the juvenile detention home fund created in section
  1 33 232.142. Except as provided in section 321.210B, a temporary
  1 34 restricted license shall not be issued or a driver's license
  1 35 or nonresident operating privilege reinstated until the civil
  2  1 penalty has been paid. A person assessed a penalty under this
  2  2 section may remit the civil penalty along with a processing
  2  3 fee of five dollars to a county treasurer or community college
  2  4  authorized to issue driver's licenses under chapter 321M, or
  2  5 the civil penalty may be paid directly to the department.
  2  6    Sec. 3.  Section 321J.17, subsection 1, Code 2017, is amended
  2  7 to read as follows:
  2  8    1.  If the department revokes a person's driver's license
  2  9 or nonresident operating privilege under this chapter, the
  2 10 department shall assess the person a civil penalty of two
  2 11 hundred dollars. The money collected by the department under
  2 12 this section shall be transmitted to the treasurer of state
  2 13 who shall deposit one=half of the money in the separate fund
  2 14 established in section 915.94 and one=half of the money in the
  2 15 general fund of the state. A temporary restricted license
  2 16 shall not be issued unless an ignition interlock device has
  2 17 been installed pursuant to section 321J.4. Except as provided
  2 18 in section 321.210B, a temporary restricted license shall
  2 19 not be issued or a driver's license or nonresident operating
  2 20 privilege reinstated until the civil penalty has been paid.
  2 21 A person assessed a penalty under this section may remit the
  2 22 civil penalty along with a processing fee of five dollars to
  2 23 a county treasurer or community college authorized to issue
  2 24 driver's licenses under chapter 321M, or the civil penalty may
  2 25 be paid directly to the department.
  2 26    Sec. 4.  Section 321M.1, subsection 2, Code 2017, is amended
  2 27 by striking the subsection and inserting in lieu thereof the
  2 28 following:
  2 29    2.  "Community college" means a community college established
  2 30 under chapter 260C.
  2 31    Sec. 5.  Section 321M.1, subsection 6, Code 2017, is amended
  2 32 by striking the subsection and inserting in lieu thereof the
  2 33 following:
  2 34    6.  "Issuance" means the system or process of issuing
  2 35 driver's licenses, nonoperator's identification cards, and
  3  1 persons with disabilities identification devices, including all
  3  2 related testing, to the same extent that such items are issued
  3  3 by the department.
  3  4    Sec. 6.  Section 321M.2, Code 2017, is amended to read as
  3  5 follows:
  3  6    321M.2  Relation to other laws.
  3  7    Notwithstanding provisions of chapter 321 or 321L that grant
  3  8 sole authority to the department for the issuance of driver's
  3  9 licenses, nonoperator's identification cards, and persons
  3 10 with disabilities identification devices, certain counties
  3 11 and community colleges shall be authorized to issue driver's
  3 12 licenses, nonoperator's identification cards, and persons
  3 13 with disabilities identification devices, according to the
  3 14 requirements of this chapter.
  3 15    Sec. 7.  Section 321M.3, Code 2017, is amended to read as
  3 16 follows:
  3 17    321M.3  Authorization to issue licenses.
  3 18    1.  Adair, Adams, Allamakee, Appanoose, Audubon, Benton,
  3 19 Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun, Cass,
  3 20 Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford, Dallas,
  3 21 Davis, Decatur, Delaware, Dickinson, Emmet, Fayette, Floyd,
  3 22 Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock,
  3 23 Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson,
  3 24 Jasper, Jefferson, Jones, Keokuk, Kossuth, Lee, Louisa,
  3 25 Lucas, Lyon, Madison, Mahaska, Marion, Mills, Mitchell,
  3 26 Monona, Monroe, Montgomery, O'Brien, Osceola, Page, Palo
  3 27 Alto, Plymouth, Pocahontas, Poweshiek, Ringgold, Sac, Shelby,
  3 28 Sioux, Tama, Taylor, Union, Van Buren, Warren, Washington,
  3 29 Wayne, Winnebago, Winneshiek, Worth, and Wright counties
  3 30 shall be authorized to issue driver's licenses, nonoperator's
  3 31 identification cards, and persons with disabilities
  3 32 identification devices on a permanent basis, provided that
  3 33 such counties continue to meet the department's standards for
  3 34 issuance.
  3 35    2.  Any community college shall be authorized to issue
  4  1 driver's licenses, nonoperator's identification cards, and
  4  2 persons with disabilities identification devices on a permanent
  4  3 basis, provided that such community college continues to meet
  4  4 the department's standards for issuance.
  4  5    Sec. 8.  Section 321M.4, Code 2017, is amended to read as
  4  6 follows:
  4  7    321M.4  Termination of authorization ==== failure to meet
  4  8 standards.
  4  9    1.  If a county or community college is subject to
  4 10 termination of its county issuance authorization for
  4 11 failure to meet the department's standards for issuance,
  4 12 the county or community college shall not issue driver's
  4 13 licenses, nonoperator's identification cards, or persons
  4 14 with disabilities identification devices until the county or
  4 15 community college has been reauthorized by the department.
  4 16    2.  The department is not obligated to provide service
  4 17 in a county for issuance of driver's licenses, nonoperator's
  4 18 identification cards, or persons with disabilities
  4 19 identification devices if the county or a community college
  4 20 in the county fails to meet the department's standards for
  4 21 issuance.
  4 22    Sec. 9.  Section 321M.5, subsection 1, Code 2017, is amended
  4 23 to read as follows:
  4 24    1.  The department and each county or community
  4 25 college participating in county issuance shall execute an
  4 26 agreement pursuant to chapter 28E, detailing the relative
  4 27 responsibilities and liabilities of each party to the
  4 28 agreement.
  4 29    Sec. 10.  Section 321M.6, Code 2017, is amended to read as
  4 30 follows:
  4 31    321M.6  Certification of commercial driver's license issuance.
  4 32    1.  A county or community college shall be authorized to
  4 33 issue commercial driver's licenses if certified to do so by the
  4 34 department.
  4 35    2.  The department shall certify the commercial driver's
  5  1 license issuance in by a county or community college authorized
  5  2 to issue licenses pursuant to section 321M.3 if all of the
  5  3 following conditions are met:
  5  4    a.  The driving skills test is the same as that which would
  5  5 otherwise be administered by the state.
  5  6    b.  The county examiner or responsible community college
  5  7 official contractually agrees to comply with the requirements
  5  8 of 49 C.F.R. {383.75, as adopted by rule by the department.
  5  9    c.  The department provides supervision over the issuance of
  5 10 commercial driver's licenses, including the administration of
  5 11 written and driving skills tests by the office of the county
  5 12 treasurer or by the community college's issuance office.
  5 13 However, the failure of the department to provide appropriate
  5 14 supervision shall not alone be used as a reason to deny
  5 15 certification.
  5 16    d.  The county or community college otherwise complies with
  5 17 the procedures for issuance of commercial driver's licenses as
  5 18 provided in chapter 321.
  5 19    3.  If a county or community college fails to meet the
  5 20 standards for certification under this section, and fails to
  5 21 correct deficiencies according to the department's operating
  5 22 standards, the county's or community college's right to
  5 23 issue commercial driver's licenses shall be terminated,
  5 24 and the county or community college shall cease issuing
  5 25 commercial driver's licenses. Procedures and conditions for
  5 26 recertification shall be addressed in the operating standards
  5 27 for the department.
  5 28    4.  The department is not obligated to provide service in
  5 29 a county for issuance of commercial driver's licenses if the
  5 30 county or a community college in the county fails to meet
  5 31 certification standards under this section.
  5 32    Sec. 11.  Section 321M.7, Code 2017, is amended to read as
  5 33 follows:
  5 34    321M.7  Training.
  5 35    1.  The department shall provide a minimum of eight weeks
  6  1 of initial training for county and community college personnel
  6  2 participating in county issuance. The maximum class size for
  6  3 this initial training shall be twenty people.
  6  4    2.  The department shall also provide individualized
  6  5 additional training for county and community college personnel
  6  6 within each participating county office following initial
  6  7 training.
  6  8    3.  The department shall periodically offer continuing
  6  9 education and training opportunities to county and community
  6 10 college personnel.
  6 11    4.  The department shall not segregate training sessions
  6 12 for county and community college personnel and department
  6 13 employees.
  6 14    5.  New county and community college personnel, including
  6 15 new county treasurers, who will participate in county issuance,
  6 16 shall complete the initial training session prior to engaging
  6 17 in any licensing activities. A county treasurer County
  6 18 treasurers and community college personnel shall use best
  6 19 efforts to complete initial training as soon as possible.
  6 20 A county treasurer County treasurers and community college
  6 21 personnel who does do not make reasonable attempts to begin
  6 22 initial training within three months of taking office or
  6 23 assuming issuance duties may be subject to having the county
  6 24  issuance program in that county placed on probation.
  6 25    Sec. 12.  Section 321M.9, Code 2017, is amended to read as
  6 26 follows:
  6 27    321M.9  Financial responsibility.
  6 28    1.  Fees to counties and community colleges.  Notwithstanding
  6 29 any other provision in the Code to the contrary, the county
  6 30 treasurer of a county authorized to issue driver's licenses
  6 31 under this chapter, or a community college authorized to
  6 32 issue driver's licenses under this chapter, shall retain for
  6 33 deposit in the county or community college general fund seven
  6 34 dollars of fees received for each issuance or renewal of
  6 35 driver's licenses and nonoperator's identification cards, but
  7  1 shall not retain any moneys for the issuance of any persons
  7  2 with disabilities identification devices. The five dollar
  7  3 processing fee charged by a county treasurer or a community
  7  4 college for collection of a civil penalty under section
  7  5 321.218A, 321A.32A, or 321J.17 shall be retained for deposit
  7  6 in the county or community college general fund. The county
  7  7 treasurer or community college shall remit the balance of fees
  7  8 and all civil penalties to the department.
  7  9    2.  Digitized photolicensing equipment.
  7 10    a.  The department shall pay for all digitized photolicensing
  7 11 equipment, including that used by the department and authorized
  7 12 for use by issuing counties or community colleges under this
  7 13 subsection. Moneys from the road use tax fund shall be used,
  7 14 subject to appropriation by the general assembly, for payment
  7 15 of costs associated with the purchase or lease of digitized
  7 16 photolicensing equipment.
  7 17    b.  An issuing county shall be entitled to one set of
  7 18 digitized photolicensing equipment, unless the county
  7 19 was served at multiple sites by the department, in which
  7 20 case the county shall be entitled to two sets of digitized
  7 21 photolicensing equipment.  An issuing community college shall
  7 22 be entitled to one set of digitized photolicensing equipment.
  7 23    3.  Other equipment.  The department shall pay for all
  7 24 other equipment needed by a county or community college to
  7 25 participate in county issuance, comparable to the equipment
  7 26 provided for issuance activities by a department itinerant
  7 27 team, with the exception of the following:
  7 28    a.  Office furniture.
  7 29    b.  Computer hardware needed to access department computer
  7 30 databases, facsimile machines used to transmit documents
  7 31 between the department and the county or community college,
  7 32 and similar office equipment of a general nature that is not
  7 33 dedicated solely or primarily to the issuance process.
  7 34    Sec. 13.  Section 321M.10, Code 2017, is amended to read as
  7 35 follows:
  8  1    321M.10  Supervisory authority of department.
  8  2    1.  The department shall retain all supervisory authority
  8  3 over the county or community college driver's license issuance
  8  4 program. The county treasurers, community colleges, and their
  8  5 employees shall be considered agents of the department when
  8  6 performing driver's licensing functions.
  8  7    2.  Approximately one supervisor shall be assigned from the
  8  8 department to every six issuance sites participating in county
  8  9 issuance.
  8 10    3.  Approximately one technical computer support employee
  8 11 shall be assigned from the department to every twenty=four
  8 12 counties and community colleges participating in county
  8 13  issuance.
  8 14    4.  The department shall provide issuing counties and
  8 15 community colleges access to computer databases at a level
  8 16 equal to that provided to comparable department employees.
  8 17    5.  The department may adopt rules pursuant to chapter 17A as
  8 18 necessary to administer this chapter. The department may also
  8 19 develop operating standards as necessary to administer this
  8 20 chapter. The department shall consult with the Iowa county
  8 21 treasurers association and the Iowa association of community
  8 22 college trustees in developing operating standards and proposed
  8 23 rules.
  8 24    Sec. 14.  Section 321M.11, Code 2017, is amended to read as
  8 25 follows:
  8 26    321M.11  Good faith efforts required.
  8 27    The department and issuing counties and community colleges
  8 28  shall use their best good faith efforts to work in cooperation
  8 29 in implementing and maintaining an effective system of county
  8 30  issuance.
  8 31    The department and all persons involved with administration
  8 32 of this chapter, department procedures, and related
  8 33 administrative rules shall use their best good faith efforts to
  8 34 ensure that the application of the laws, rules, and procedures
  8 35 related to county and community college issuance shall not be
  9  1 used to impede county such issuance.
  9  2                           EXPLANATION
  9  3 The inclusion of this explanation does not constitute agreement with
  9  4 the explanation's substance by the members of the general assembly.
  9  5    This bill authorizes community colleges established under
  9  6 Code chapter 260C to issue driver's licenses, nonoperator's
  9  7 identification cards, and persons with disabilities
  9  8 identification devices on a permanent basis, provided that
  9  9 the counties and community colleges meet the department of
  9 10 transportation's standards for issuance. The bill applies the
  9 11 rights and duties of counties under Code chapter 321M (county
  9 12 issuance of driver's licenses) to community colleges. In
  9 13 addition, the bill permits community colleges to collect civil
  9 14 penalties related to driver's license suspension and revocation
  9 15 under Code sections 321.218A, 321A.32A, and 321J.17.
  9 16    Under current law, counties authorized to issue driver's
  9 17 licenses under Code chapter 321M are also authorized to
  9 18 register persons to vote under Code chapter 48A and to
  9 19 administer oaths and acknowledge signatures under Code section
  9 20 321.9. The bill does not authorize community colleges to
  9 21 perform these activities.
       LSB 2330YH (2) 87
       ns/nh