Iowa-2017-HF249-Introduced
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:
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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.
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