Bill Text: IA HF2494 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to transportation and other infrastructure-related appropriations to the department of transportation, including allocation and use of moneys from the road use tax fund and the primary road fund, providing for other properly related matters, and including effective date provisions. (Formerly HSB 695.) Effective 7-1-18, with exception of Division II effective 6-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-06-01 - NOBA: Graybook [HF2494 Detail]

Download: Iowa-2017-HF2494-Enrolled.html

House File 2494 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON
                                  APPROPRIATIONS

                              (SUCCESSOR TO HSB 695)
 \5
                                   A BILL FOR
 \1
                                        House File 2494

                             AN ACT
 RELATING TO TRANSPORTATION AND OTHER
    INFRASTRUCTURE=RELATED APPROPRIATIONS TO THE DEPARTMENT OF
    TRANSPORTATION, INCLUDING ALLOCATION AND USE OF MONEYS FROM
    THE ROAD USE TAX FUND AND THE PRIMARY ROAD FUND, PROVIDING
    FOR OTHER PROPERLY RELATED MATTERS, AND INCLUDING EFFECTIVE
    DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                   FY 2018=2019 APPROPRIATIONS
    Section 1.  2017 Iowa Acts, chapter 164, section 3, is
 amended to read as follows:
    SEC. 3.  ROAD USE TAX FUND.  There is appropriated from the
 road use tax fund created in section 312.1 to the department of
 transportation for the fiscal year beginning July 1, 2018, and
 ending June 30, 2019, the following amounts, or so much thereof
 as is necessary, to be used for the purposes designated:
    1.  For the payment of costs associated with the production
 of driver's licenses, as defined in section 321.1, subsection
 20A:
 .................................................. $  1,938,000
                                                       3,876,000
    Notwithstanding section 8.33, moneys appropriated in this
 subsection that remain unencumbered or unobligated at the close
 of the fiscal year shall not revert but shall remain available
 for expenditure for the purposes specified in this subsection
 until the close of the succeeding fiscal year.
    2.  For salaries, support, maintenance, and miscellaneous
 purposes:
    a.  Operations Administrative services:
 .................................................. $  3,350,073
                                                       6,677,758
    b.  Planning:
 .................................................. $    224,770
                                                         447,822
    c.  Motor vehicles:
 .................................................. $ 18,005,103
                                                      25,962,748
    d.  Performance and technology Strategic performance:
 .................................................. $    262,670
                                                         671,369
    e.  Highways:
 .................................................. $ 10,233,174
    3.  For payments to the department of administrative
 services for utility services:
 .................................................. $    129,780
                                                         259,560
    4.  For unemployment compensation:
 .................................................. $      3,500
                                                           7,000
    5.  For payments to the department of administrative
 services for paying workers' compensation claims under chapter
 85 on behalf of employees of the department of transportation:
 .................................................. $     87,740
                                                         175,748
    6.  For payment to the general fund of the state for indirect
 cost recoveries:
 .................................................. $     45,000
                                                          90,000
    7.  For reimbursement to the auditor of state for audit
 expenses as provided in section 11.5B:
 .................................................. $     43,659
                                                          87,318
    8.  For automation, telecommunications, and related costs
 associated with the county issuance of driver's licenses and
 vehicle registrations and titles:
 .................................................. $    703,000
                                                       1,406,000
    9.  For costs associated with the participation in the
 Mississippi river parkway commission:
 .................................................. $     20,000
                                                          40,000
    10.  For costs associated with the traffic and criminal
 software program and the mobile architecture and communications
 handling program:
 .................................................. $    150,000
                                                         300,000
    11.  For motor vehicle division field facility maintenance
 projects at various locations:
 .................................................. $    150,000
                                                         300,000
    For purposes of section 8.33, unless specifically provided
 otherwise, moneys appropriated in subsection 11 that remain
 unencumbered or unobligated shall not revert but shall remain
 available for expenditure for the purposes designated until
 the close of the fiscal year that ends three years after the
 end of the fiscal year for which the appropriation was made.
 However, if the projects for which the appropriation was
 made are completed in an earlier fiscal year, unencumbered
 or unobligated moneys shall revert at the close of that same
 fiscal year.
    12.  For costs associated with the statewide
 interoperability network:
 .................................................. $    497,191
    Sec. 2.  2017 Iowa Acts, chapter 164, section 4, is amended
 to read as follows:
    SEC. 4.  PRIMARY ROAD FUND.  There is appropriated from the
 primary road fund created in section 313.3 to the department of
 transportation for the fiscal year beginning July 1, 2018, and
 ending June 30, 2019, the following amounts, or so much thereof
 as is necessary, to be used for the purposes designated:
    1.  For salaries, support, maintenance, miscellaneous
 purposes, and for not more than the following full=time
 equivalent positions:
    a.  Operations Administrative services:
 .................................................. $ 20,579,021
                                                      41,020,512
 ............................................... FTEs259.00
 250.00
    b.  Planning:
 .................................................. $  4,270,616
                                                       8,508,616
 ............................................... FTEs 97.00
 94.00
    c.  Highways:
 .................................................. $122,985,456
                                                     247,828,001
 ............................................... FTEs1,962.00
 2,056.00
    d.  Motor vehicles:
 .................................................. $    750,213
                                                       1,081,781
 ............................................... FTEs395.00
 281.00
    e.  Performance and technology Strategic performance:
 .................................................. $  1,611,825
                                                       4,124,123
 ............................................... FTEs 35.00
 41.00
    2.  For payments to the department of administrative
 services for utility services:
 .................................................. $    797,220
                                                       1,594,440
    3.  For unemployment compensation:
 .................................................. $     69,000
                                                         138,000
    4.  For payments to the department of administrative
 services for paying workers' compensation claims under
 chapter 85 on behalf of the employees of the department of
 transportation:
 .................................................. $  2,105,762
                                                       4,217,954
    5.  For disposal of hazardous wastes from field locations and
 the central complex:
 .................................................. $    400,000
                                                         800,000
    6.  For payment to the general fund of the state for indirect
 cost recoveries:
 .................................................. $    330,000
                                                         660,000
    7.  For reimbursement to the auditor of state for audit
 expenses as provided in section 11.5B:
 .................................................. $    268,191
                                                         536,382
    8.  For costs associated with producing transportation maps:
 .................................................. $    121,000
                                                         242,000
    9.  For inventory and equipment replacement:
 .................................................. $  5,232,500
                                                      10,465,000
    9A.  For costs associated with the statewide
 interoperability network:
 .................................................. $  3,054,172
    10.  For utility improvements at various locations:
 .................................................. $    200,000
                                                         400,000
    11.  For roofing projects at various locations:
 .................................................. $    250,000
                                                         500,000
    12.  For heating, cooling, and exhaust system improvements
 at various locations:
 .................................................. $    350,000
                                                         700,000
    13.  For deferred maintenance projects at field facilities
 throughout the state:
 .................................................. $    850,000
                                                       1,700,000
    14.  For maintenance projects at rest area facilities
 throughout the state:
 .................................................. $    125,000
                                                         250,000
    15.  For improvements related to compliance with the federal
 Americans with Disabilities Act to facilities throughout the
 state:
 .................................................. $     75,000
                                                         150,000
    16.  For renovations to the Waterloo maintenance garage:
 .................................................. $    895,000
                                                       1,790,000
    For purposes of section 8.33, unless specifically provided
 otherwise, moneys appropriated in subsections 10 through 16
 that remain unencumbered or unobligated shall not revert
 but shall remain available for expenditure for the purposes
 designated until the close of the fiscal year that ends
 three years after the end of the fiscal year for which the
 appropriation was made. However, if the project or projects
 for which such appropriation was made are completed in an
 earlier fiscal year, unencumbered or unobligated moneys shall
 revert at the close of that same fiscal year.
                           DIVISION II
   DEPARTMENT OF TRANSPORTATION EMPLOYEES DESIGNATED AS PEACE
                            OFFICERS
    Sec. 3.  2017 Iowa Acts, chapter 149, section 4, is amended
 to read as follows:
    SEC. 4.  REPEAL.  The section of this Act amending section
 321.477 is repealed July 1, 2018 2019.
    Sec. 4.  EFFECTIVE DATE.  This division of this Act, being
 deemed of immediate importance, takes effect upon enactment.
                          DIVISION III
                    SPECIAL MINOR'S LICENSES
    Sec. 5.  Section 321.194, subsection 1, Code 2018, is amended
 to read as follows:
    1.  Persons eligible.  Upon certification of a special need
 by the school board, superintendent of the applicant's school,
 or principal, if authorized by the superintendent, the The
  department may issue a class C or M driver's license to a
 person between the ages of fourteen and eighteen years if all
 of the following apply:
    a.  The person's driving privileges have not been suspended,
 revoked, or barred under this chapter or chapter 321J during,
 and the person has not been convicted of a moving traffic
 violation or involved in a motor vehicle accident for, the
 six=month period immediately preceding the application for the
 special minor's license.
    b.  The person has successfully completed an approved driver
 education course. However, the completion of a course is not
 required if the applicant demonstrates to the satisfaction
 of the department that completion of the course would impose
 a hardship upon the applicant. The department shall adopt
 rules defining the term "hardship" and establish procedures for
 the demonstration and determination of when completion of the
 course would impose a hardship upon an applicant.
    c.  The person's school has certified to the department
 that the person has a special need for the license pursuant to
 subsection 3.
    Sec. 6.  Section 321.194, subsection 2, paragraph a, Code
 2018, is amended to read as follows:
    a.  Permitted operations.  The driver's license entitles
 the holder licensee, while having the license in immediate
 possession, to operate a motor vehicle, other than a commercial
 motor vehicle or as a chauffeur:, during the times and for the
 purposes set forth in this paragraph.
    (1)  If the licensee attends a public school, the licensee
 may operate a motor vehicle during the hours of 5:00 a.m. to
 10:00 p.m. as follows:
    (a)  During the hours of 5:00 a.m. to 10:00 p.m. over Over
  the most direct and accessible route between the licensee's
 residence and schools of enrollment or the closest school bus
 stop or public transportation service, and between schools of
 enrollment, for the purpose of attending duly scheduled courses
 of instruction and extracurricular activities within the school
 district of enrollment.
    (2)  (b)  During the hours of 5:00 a.m. to 10:00 p.m.
 over Over the most direct and accessible route between the
 licensee's residence or school of enrollment and a site,
 facility, or school that is not the licensee's school of
 enrollment, for the purpose of participating in extracurricular
 activities conducted under a sharing agreement with the
 licensee's school of enrollment or conducted at a site, or
  facility, or school designated by the licensee's school
 district for the accommodation of the school's extracurricular
 activities, provided the site, facility, or school is within
 the licensee's school district of enrollment or is within a
 school district contiguous to the licensee's school district
 of enrollment.
    (2)  If the licensee attends an accredited nonpublic school,
 the licensee may operate a motor vehicle during the hours of
 5:00 a.m. to 10:00 p.m. as follows:
    (a)  Over the most direct and accessible route between
 the licensee's residence and schools of enrollment or the
 closest school bus stop or public transportation service, and
 between schools of enrollment, for the purpose of attending
 duly scheduled courses of instruction and extracurricular
 activities, provided the driving distance between the point of
 origin and the destination is no more than twenty=five miles.
    (b)  Over the most direct and accessible route between
 the licensee's residence or school of enrollment and a site,
 facility, or school that is not the licensee's school of
 enrollment, for the purpose of participating in extracurricular
 activities conducted at a site, facility, or school designated
 by the licensee's school of enrollment for the accommodation of
 the school's extracurricular activities, provided the driving
 distance between the point of origin and the destination is no
 more than twenty=five miles.
    (3)  To a service station for the purpose of refueling, so
 long as the service station is the station closest to the route
 on which the licensee is traveling on under subparagraph (1)
 or (2).
    (4)  At any time when the licensee is accompanied in
 accordance with section 321.180B, subsection 1.
    Sec. 7.  Section 321.194, subsection 3, Code 2018, is amended
 to read as follows:
    3.  Certification of need and issuance of license.
    a.  Each application shall be accompanied by a statement from
 the school board, superintendent, or principal, if authorized
 by the superintendent, of the applicant's school of enrollment.
 The statement shall be upon a form provided by the department.
 The school board, superintendent, or principal, if authorized
 by the superintendent, and shall certify that a need exists for
 the license and that the board, superintendent, or principal
 authorized by the superintendent person signing the statement
  is not responsible for actions of the applicant which pertain
 to the use of the driver's license.
    (1)  If the applicant attends a public school, the
 certification shall be made by the school board, superintendent
 of the applicant's school, or principal, if authorized by the
 superintendent.
    (2)  If the applicant attends an accredited nonpublic
 school, the certification shall be made by the authorities in
 charge of the accredited nonpublic school or a duly authorized
 representative of the authorities. 
    b.  Upon receipt of a statement of necessity, the department
 shall issue the driver's license provided the applicant is
 otherwise eligible for issuance of the license. The fact that
 the applicant resides at a distance less than one mile from the
 applicant's school of enrollment is prima facie evidence of the
 nonexistence of necessity for the issuance of a license.
    c.  The school board shall develop and adopt a policy
 establishing the criteria that the school shall be used
 by a school district administrator use to approve or deny
 certification that a need exists for a license.  If the school
 is a public school, the policy shall be developed and adopted
 by the school board. If the school is an accredited nonpublic
 school, the policy shall be developed and adopted according
 to procedures determined by the authorities in charge of the
 accredited nonpublic school.
    d.  The A student enrolled in a public school may appeal
 to the school board the decision of a school district
 administrator to deny certification.  A student enrolled in an
 accredited nonpublic school may appeal the school's decision to
 deny certification as permitted by the authorities in charge of
 the accredited nonpublic school. The decision of the school
 board or authorities in charge of the accredited nonpublic
 school is final.
    e.  The driver's license shall not be issued for purposes
 of attending a public school in a school district other than
 either of the following:
    a.  (1)  The district of residence of the parent or guardian
 of the student.
    b.  (2)  A district which is contiguous to the district of
 residence of the parent or guardian of the student, if the
 student is enrolled in the public school which is not the
 school district of residence because of open enrollment under
 section 282.18 or as a result of an election by the student's
 district of residence to enter into one or more sharing
 agreements pursuant to the procedures in chapter 282.
    f.  The driver's license shall not be issued for purposes
 of attending an accredited nonpublic school if the driving
 distance between the school and the residence of the parent or
 guardian of the student is more than twenty=five miles.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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