Bill Text: IA SF2355 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act relating to matters under the purview of the department of transportation, establishing a fee, and including effective date provisions. (Formerly SSB 3220.) Various effective dates; see section 25 of bill.

Spectrum: Committee Bill

Status: (Passed) 2014-05-30 - Signed by Governor. S.J. 930. [SF2355 Detail]

Download: Iowa-2013-SF2355-Enrolled.html

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Senate File 2355
AN ACT
RELATING TO MATTERS UNDER THE PURVIEW OF THE DEPARTMENT OF
TRANSPORTATION, ESTABLISHING A FEE, AND INCLUDING EFFECTIVE
DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
HIGHWAYS
Section 1. Section 306.3, unnumbered paragraph 1, Code
2014, is amended to read as follows:
As used in this chapter or in any chapter of the Code
relating to highways , except as otherwise specified :

Senate File 2355, p. 2
Sec. 2. Section 306C.1, subsection 2, Code 2014, is amended
to read as follows:
2. “Interstate highway” includes “interstate road” and
“interstate system” and means any highway of the primary
national highway system at any time officially designated as a
part of the national system of interstate and defense highways
by the department and approved by the appropriate authority of
the federal government.
Sec. 3. Section 306C.1, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. “National highway system” means the
network designated by the federal highway administration in
consultation with the state department of transportation, which
consists of interconnected urban and rural principal arterials
and highways that serve major population centers, ports,
airports, public transportation facilities, other intermodal
transportation facilities, and other major travel destinations;
meet national defense requirements; and serve interstate and
interregional travel.
Sec. 4. Section 306C.2, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
A person shall not establish, operate, or maintain a
junkyard, any portion of which is within one thousand feet of
the nearest edge of the right-of-way of any interstate highway
on the national highway system , except:
Sec. 5. Section 306C.3, Code 2014, is amended to read as
follows:
306C.3 Junkyards lawfully in existence.
1. Any junkyard located outside a zoned or unzoned
industrial area lawfully in existence on July 1, 1972,
which is within one thousand feet of the nearest edge of
the right-of-way and visible from the main-traveled portion
of any highway on the interstate system shall be screened,
if feasible, by the department, or by the owner under rules
and direction of the department, at locations on the highway
right-of-way or in areas acquired for such purposes outside
the right-of-way in order to obscure the junkyard from the
main-traveled way of such highways.
2. Any junkyard located outside a zoned or unzoned
industrial area lawfully in existence on July 1, 2014, which
is within one thousand feet of the nearest edge of the
right-of-way and visible from the main-traveled portion of
any noninterstate highway which is on the national highway

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system shall be screened, if feasible, by the department, or
by the owner under rules and direction of the department, at
locations on the highway right-of-way or in areas acquired for
such purposes outside the right-of-way in order to obscure the
junkyard from the main-traveled way of such highways.
Sec. 6. Section 306C.10, subsections 1, 2, 10, 13, and 20,
Code 2014, are amended to read as follows:
1. “Adjacent area” means an area which is contiguous to
and within six hundred sixty feet of the nearest edge of the
right-of-way of any interstate, freeway primary, or primary
highway.
2. “Advertising device” includes any outdoor sign, display,
device, figure, painting, drawing, message, placard, poster,
billboard, or any other device designed, intended, or used to
advertise or give information in the nature of advertising, and
having the capacity of being visible from the traveled portion
of any interstate or primary highway.
10. “Interstate highway” includes “interstate road” and
“interstate system” and means any highway of the primary
national highway system at any time officially designated as a
part of the national system of interstate and defense highways
by the department and approved by the appropriate authority of
the federal government.
13. “Primary highways” includes the entire primary system as
officially designated, or as may hereafter be so designated,
by the department means all highways on the national highway
system and all highways on the federal-aid primary system as it
existed on June 1, 1991 .
20. “Unzoned commercial or industrial area” means those areas
not zoned by state or local law, regulation, or ordinance,
which are occupied by one or more commercial or industrial
activities, and the land along the interstate highways and
primary highways for a distance of seven hundred fifty feet
immediately adjacent to the activities. All measurements
shall be from the outer edge of the regularly used buildings,
parking lots, storage, or processing areas of the activities
and shall be parallel to the edge of pavement of the highway.
Measurements shall not be from the property line of the
activities unless that property line coincides with the limits
of the activities. Unzoned commercial or industrial areas
shall not include land on the opposite side of the highway from
the commercial or industrial activities.
Sec. 7. Section 306C.10, Code 2014, is amended by adding the

Senate File 2355, p. 4
following new subsection:
NEW SUBSECTION . 12A. “National highway system” means the
network designated by the federal highway administration in
consultation with the state department of transportation, which
consists of interconnected urban and rural principal arterials
and highways that serve major population centers, ports,
airports, public transportation facilities, other intermodal
transportation facilities, and other major travel destinations;
meet national defense requirements; and serve interstate and
interregional travel.
Sec. 8. Section 306C.12, Code 2014, is amended to read as
follows:
306C.12 None visible from highway.
An advertising device shall not be constructed or
reconstructed beyond the adjacent area in unincorporated areas
of the state if it is visible from the main-traveled way of
any interstate or primary highway except for advertising
devices permitted in section 306C.11, subsections 1 and 2 .
Any advertising device permitted beyond an adjacent area in
unincorporated areas of the state shall be subject to the
applicable permit provisions of section 306C.18 .
Sec. 9. Section 306C.13, subsections 2, 3, 4, and 5, Code
2014, are amended to read as follows:
2. Advertising devices located within the adjacent
area of nonfreeway primary highways shall not be erected or
maintained closer to another advertising device facing in the
same direction than one hundred feet if inside the corporate
limits of a municipality. No advertising device, other than
as excepted or permitted by subsections subsection 4, 5, or 6
of this section , shall be located within the triangular area
formed by the line connecting two points each fifty feet back
from the point where the street right-of-way lines of the
main-traveled way and the intersecting street meet, or would
meet, if extended.
3. Advertising devices located within the adjacent area of
nonfreeway primary highways shall not be erected or maintained
closer to another advertising device facing in the same
direction than three hundred feet if outside the corporate
limits of a municipality. No advertising device, other than
those excepted or permitted by subsections subsection 4, 5, or
6 of this section , shall be located within the triangular area
formed by a line connecting two points each one hundred feet
back from the point where the street right-of-way lines of the

Senate File 2355, p. 5
main-traveled way and the intersecting street meet, or would
meet, if extended.
4. The distance spacing measurements fixed by subsections 2
and 3 of this section shall not apply to advertising devices
which are separated by a building in such a manner that only
one advertising device located within the minimum spacing
distance is visible from a highway at any one time.
5. Within a triangular area, as defined by subsections 2
and 3 of this section , occupied by a building or structure, no
advertising device shall be erected or maintained closer to the
intersection than the building or structure itself, except that
a wall advertising device may be attached to said building or
structure not to protrude more than twelve inches.
Sec. 10. Section 306C.13, subsection 8, paragraph g, Code
2014, is amended to read as follows:
g. The standards contained in this section pertaining to
size, lighting, and spacing shall not apply to advertising
devices erected or maintained within six hundred sixty feet
of the right-of-way of those portions of the interstate
highway system exempted from control under chapter 306B by
authority of section 306B.2, subsection 4 , nor to advertising
devices erected and maintained within adjacent areas along
noninterstate primary highways within zoned and unzoned
commercial and industrial areas, unless said advertising
devices were erected subsequent to July 1, 1972.
DIVISION II
MISCELLANEOUS PROVISIONS
Sec. 11. Section 321.50, subsection 5, Code 2014, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. For purposes of this subsection, a
security interest noted on an Iowa certificate of title and
appearing in the statewide computer system and the county’s
records shall be presumed to be discharged upon presentation of
a valid certificate of title subsequently issued by a foreign
jurisdiction on which the security interest is no longer noted.
Sec. 12. Section 321.176A, subsection 1, Code 2014, is
amended to read as follows:
1. A farmer or a person working for a farmer while operating
a commercial motor vehicle controlled by the farmer within one
hundred fifty air miles of the farmer’s farm to transport the
farmer’s own agricultural products, farm machinery, or farm
supplies to or from the farm covered farm vehicle as defined
in the federal Moving Ahead for Progress in the 21st Century

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Act, Pub. L. No. 112-141, §32934 . The exemption provided in
this subsection shall apply to farmers who assist each other
through an exchange of services and shall include operation of
a commercial motor vehicle between the farms of the farmers who
are exchanging services.
Sec. 13. Section 321.187, Code 2014, is amended to read as
follows:
321.187 Examiners.
1. The department shall examine applicants for driver’s
licenses. Examiners of the department shall wear an
identifying badge and uniform provided by the department.
2. The department may by rule designate community colleges
established under chapter 260C and other third-party testers to
administer the driving skills test required for a commercial
driver’s license , provided that all of the following occur:
a. The driving skills test is the same as that which would
otherwise be administered by the state.
b. The examiner third-party tester contractually agrees to
comply with the requirements of 49 C.F.R. §383.75 as adopted by
rule by the department.
c. Any third-party skills test examiner used by the
third-party tester shall meet the requirements of 49 C.F.R.
§383.75 and 49 C.F.R. §384.228, as adopted by rule by the
department. The department shall adopt rules requiring that a
third-party tester, other than a community college established
under chapter 260C, shall be an Iowa-based motor carrier, or
its subsidiary, that has its principal office within this state
and operates a permanent commercial driver training facility
in this state. The rules may also provide that a third-party
tester conduct a number of skills test examinations above the
number required under 49 C.F.R. §383.75 in order to remain
qualified as a third-party tester under this section.
3. As used in this section, “third-party tester” and
“third-party skills test examiner” mean as defined in 49 C.F.R.
§383.5.
Sec. 14. Section 321.194, subsection 2, Code 2014, is
amended to read as follows:
2. Suspension and revocation. A driver’s license issued
under this section is subject to suspension or revocation
for the same reasons and in the same manner as suspension or
revocation of any other driver’s license. The department may
also suspend a driver’s license issued under this section upon
receiving satisfactory evidence that the licensee has violated

Senate File 2355, p. 7
the restrictions of the license or has been involved in one
or more accidents chargeable to the licensee. The department
may suspend a driver’s license issued under this section
upon receiving a record of the licensee’s conviction for one
violation. The department shall revoke the license upon
receiving a record of conviction for two or more violations
of a law of this state or a city ordinance regulating the
operation of motor vehicles on highways other than parking
violations as defined in section 321.210 . After a person
licensed under this section receives two or more convictions
which require revocation of the person’s license under this
section , the department shall not grant an application for a
new driver’s license until the expiration of one year thirty
days .
Sec. 15. Section 321.257, subsection 2, paragraphs g and h,
Code 2014, are amended to read as follows:
g. A “don’t walk” or “steady upraised hand” light is a
pedestrian signal which means that pedestrian traffic facing
the illuminated pedestrian signal shall not start to cross
the roadway in the direction of the pedestrian signal, and
pedestrian traffic in the crossing shall proceed to a safety
zone.
h. A “walk” or “walking person” light is a pedestrian signal
which means that pedestrian traffic facing the illuminated
pedestrian signal may proceed to cross the roadway in the
direction of the pedestrian signal and shall be given the
right-of-way by drivers of all vehicles.
Sec. 16. Section 321.257, subsection 2, Code 2014, is
amended by adding the following new paragraphs:
NEW PARAGRAPH . 0g. A “flashing yellow arrow” light shown
alone or with another official traffic-control signal means
vehicular traffic may cautiously enter the intersection
and proceed only in the direction indicated by the arrow.
Vehicular traffic shall yield the right-of-way to other
vehicles and pedestrians lawfully within the intersection and
any vehicle on the opposing approach which is approaching so
closely as to constitute an immediate hazard during the time
the driver is moving within the intersection.
NEW PARAGRAPH . 0h. A “flashing upraised hand” or “upraised
hand with countdown” light is a pedestrian signal which means
that pedestrian traffic facing the illuminated pedestrian
signal shall not start to cross the roadway in the direction of
the pedestrian signal, and pedestrian traffic in the crossing

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shall proceed to a safety zone. The “upraised hand with
countdown” light is a pedestrian signal that also provides the
time remaining for the pedestrian to complete the crossing.
Sec. 17. Section 321.258, Code 2014, is amended to read as
follows:
321.258 Arrangement of lights on official traffic-control
signals.
1. Colored lights placed on a vertical official
traffic-control signal face shall be arranged from the top to
the bottom in the following order when used:
a. Circular red , circular .
b. Steady and/or flashing left-turn red arrow.
c. Steady and/or flashing right-turn red arrow.
d. Circular yellow , circular .
e. Circular green , straight through yellow arrow, straight
through .
f. Straight-through green arrow , left turn .
g. Steady left-turn yellow arrow , left turn .
h. Flashing left-turn yellow arrow.
i. Left-turn green arrow , right turn .
j. Steady right-turn yellow arrow , and right turn .
k. Flashing right-turn yellow arrow.
l. Right-turn green arrow.
2. Colored lights placed on a horizontal official
traffic-control signal face shall be arranged from the left to
the right in the following order when used:
a. Circular red , circular .
b. Steady and/or flashing left-turn red arrow.
c. Steady and/or flashing right-turn red arrow.
d. Circular yellow , left turn .
e. Steady left-turn yellow arrow , left turn .
f. Flashing left-turn yellow arrow.
g. Left-turn green arrow , circular .
h. Circular green , straight through yellow .
i. Straight-through green arrow , straight through green .
j. Steady right-turn yellow arrow , right turn .
k. Flashing right-turn yellow arrow , and right turn .
l. Right-turn green arrow.
Sec. 18. Section 321A.17, subsection 4, Code 2014, is
amended to read as follows:
4. An individual applying for a driver’s license following a
period of suspension or revocation pursuant to a dispositional
order issued under section 232.52, subsection 2 , paragraph

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“a” , or under section 321.180B , section 321.210, subsection
1 , paragraph “a” , subparagraph (4), or section 321.210A ,
321.213A , 321.213B , 321.216B , or 321.513 , following a period
of suspension or revocation under section 321.178 or 321.194 ,
or following a period of revocation pursuant to a court order
issued under section 901.5, subsection 10 , or under section
321J.2A , is not required to maintain proof of financial
responsibility under this section .
Sec. 19. NEW SECTION . 328.13 Commercial air service
retention and expansion committee.
A commercial air service retention and expansion committee
is established within the aviation office of the department.
The membership of the committee shall consist of the director
or the director’s designee; the managers of each airport in
Iowa with commercial air service; two members of the senate,
one appointed by the majority leader of the senate and one
appointed by the minority leader of the senate; and two members
of the house of representatives, one appointed by the speaker
of the house and one appointed by the minority leader of the
house. Legislative members are eligible for per diem and
expenses as provided in section 2.10, for each day of service.
The committee shall, on or before December 31, 2014, develop a
plan for the retention and expansion of passenger air service
in Iowa. The committee shall meet as the committee deems
necessary to assess progress in implementing the plan and, if
necessary, to update the plan.
Sec. 20. Section 328.24, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
If, during the year for which an aircraft, except
nonresident aircraft used for the application of herbicides
and pesticides, was registered and the required fee paid , the
aircraft is destroyed by fire or accident or junked, and its
identity as an aircraft entirely eliminated, or it the aircraft
is removed and continuously used beyond the boundaries of the
state, then the owner in whose name it was registered at the
time of destruction, dismantling, or removal from the state
shall return the certificate of registration to the department
within ten thirty days and make affidavit of the destruction,
dismantling, or removal and make claim for the refund. The
refund shall be paid from the general fund of the state.
Sec. 21. 2012 Iowa Acts, chapter 1129, section 4, is amended
to read as follows:
SEC. 4. ROAD USE TAX FUND EFFICIENCY MEASURES

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—— QUARTERLY ANNUAL REPORTS. The department of transportation
shall submit quarterly reports a report annually on or before
December 31 in an electronic format to the co-chairpersons
of the joint appropriations subcommittee on transportation,
infrastructure, and capitals, the chairpersons of the senate
and house standing committees on transportation, the department
of management, and the legislative services agency regarding
the implementation of efficiency measures identified in the
“Road Use Tax Fund Efficiency Report”, January 2012. The
reports shall provide details of activities undertaken in
the previous quarter year relating to one-time and long-term
program efficiencies and partnership efficiencies. Issues to
be covered in the reports shall include but are not limited
to savings realized from the implementation of particular
efficiency measures; updates concerning measures that have
not been implemented; efforts involving cities, counties,
other jurisdictions, or stakeholder interest groups; any
new efficiency measures identified or undertaken; and
identification of any legislative action that may be required
to achieve efficiencies. The first report shall be submitted
by October 1, 2012.
Sec. 22. INTERSECTION REPORT. By October 1, 2014, the
county engineer of each county shall provide a report to
the department of transportation identifying all locations
in the county where two different roads or highways having
speed limits of 55 miles per hour or greater intersect but
are not controlled by an official traffic-control signal
or by official traffic-control devices that direct traffic
approaching from every direction to stop or yield before
entering the intersection. On or before December 31, 2014, the
department shall file a report with the legislative services
agency detailing the number and locations of the intersections
identified in the county engineers’ reports.
Sec. 23. FUTURE REPEAL. The section of this division of
this Act amending section 321.187 is repealed five years after
the effective date of this division of this Act.
Sec. 24. PRIOR REVOCATIONS.
1. The department of transportation shall end the period of
revocation for any person whose driver’s license was revoked
under section 321.194, subsection 2, Code 2014, for having two
or more convictions if the revocation became effective on or
after July 1, 2013, and, as of the effective date of this Act,
the revocation has been effective for at least 30 days.

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2. The department shall apply the provisions of section
321A.17, subsection 4, as amended by this Act, to end any
ongoing duty to maintain proof of financial responsibility
imposed under section 321A.17, Code 2014, arising from a
revocation under section 321.178, Code 2014, or section
321.194, Code 2014, that occurred prior to the effective date
of this Act.
Sec. 25. EFFECTIVE UPON ENACTMENT. The following provision
of this division of this Act, being deemed of immediate
importance, takes effect upon enactment:
1. The section of this division of this Act amending section
321.187.
DIVISION III
MOTOR VEHICLE DEALERS
Sec. 26. Section 321.48, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. Notwithstanding subsections 1 and 2,
requirements in those subsections for obtaining title to a
vehicle or acknowledging assignment and warranty of title do
not apply to a dealer who sells a motor vehicle to a purchaser
in a consignment transaction authorized under section 322.7B.
Sec. 27. Section 321.57, subsection 1, Code 2014, is amended
to read as follows:
1. A dealer owning any vehicle of a type otherwise
required to be registered under this chapter may operate or
move the vehicle upon the highways solely for purposes of
transporting, testing, demonstrating, or selling the vehicle
without registering the vehicle, upon condition that the
vehicle display in the manner prescribed in sections 321.37
and 321.38 a special plate issued to the owner as provided in
sections 321.58 through 321.62 . A dealer may operate or move
upon the highways a vehicle owned by the dealer for either
private or business purposes , including hauling a load or
towing a trailer, without registering it if the vehicle is in
the dealer’s inventory and is continuously offered for sale at
retail, and there is displayed on it a special plate issued to
the dealer as provided in sections 321.58 through 321.62 . A
dealer may operate or move upon the highways an unregistered
vehicle owned by a lessor licensed pursuant to chapter 321F
solely for the purpose of delivering the vehicle to the owner
or transporting the vehicle to or from an auction if there is
displayed on the vehicle a special plate issued to the dealer
as provided in sections 321.58 through 321.62 .

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Sec. 28. Section 321.60, Code 2014, is amended to read as
follows:
321.60 Issuance of special plates.
The department shall also issue special plates as applied
for, which shall display the general distinguishing number
assigned to the applicant. Each plate so issued shall
also contain a number or symbol identifying the plate and
distinguishing it from every other plate bearing the same
general distinguishing number. The fee for each special plate
is forty dollars for a two-year period or part thereof. The
fee for a special plate used on a vehicle that is hauling a
load or towing a trailer is seven hundred fifty dollars for a
two-year period or part thereof.
Sec. 29. Section 321.69A, subsection 1, paragraph a,
subparagraph (2), Code 2014, is amended to read as follows:
(2) The actual cost of any labor or parts charged to or
performed by the dealer for any such repairs, adjustments, or
parts does not exceed four percent of the dealer’s adjusted
cost manufacturer’s suggested retail price .
Sec. 30. Section 321.69A, subsections 2 and 3, Code 2014,
are amended to read as follows:
2. A person licensed as a new motor vehicle dealer pursuant
to chapter 322 shall disclose in writing, at or before the
time of sale or lease, to the buyer or lessee of a new motor
vehicle that the vehicle has been subject to any repairs of
damage to or adjustments on or replacements of parts with new
parts if the actual cost of any labor or parts charged to or
performed by the dealer for any such repairs, adjustments,
or parts exceeds four percent of the dealer’s adjusted cost
manufacturer’s suggested retail price . The written disclosure
shall include the signature of the buyer or lessee and be in
a form and in a format approved by the attorney general by
rule. A dealer shall retain a copy of each written disclosure
issued pursuant to this section for five years from the date
of issuance.
3. As used in this section , “dealer’s adjusted cost”
“manufacturer’s suggested retail price” means the amount paid by
the dealer to the manufacturer or other source for the vehicle,
including any freight charges, but excluding any sum paid by
the manufacturer to the dealer as a holdback or other monetary
incentive relating to the vehicle required to be disclosed by a
dealer pursuant to 15 U.S.C. §1232(f)(4) .
Sec. 31. Section 321.105A, subsection 2, paragraph c,

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subparagraph (14), Code 2014, is amended to read as follows:
(14) Vehicles purchased by a licensed motor vehicle dealer
for resale or primarily for use by the dealer’s customers while
the customers’ vehicles are being serviced or repaired by the
dealer .
Sec. 32. NEW SECTION . 322.7B Consignment sales of motor
trucks.
A licensed motor vehicle dealer may sell a used motor truck
on a consignment basis if all of the following conditions
apply:
1. The dealer is licensed to sell used motor vehicles.
2. The motor truck offered for sale has a gross vehicle
weight rating of twenty-six thousand one or more pounds.
3. The dealer prominently displays the words “consignment
vehicle” on the motor truck and indicates clearly in the sales
documentation that the motor truck is a consignment vehicle.
The dealer shall put customers on notice that the dealer does
not have title to the vehicle and does not warranty the title.
4. The purchaser certifies to the dealer that the person is
either a corporation, limited liability company, or partnership
or a person who files a schedule C or schedule F form for
federal income tax purposes, and that the motor truck is being
purchased for business purposes, and not for personal use.
5. The dealer assumes no liability for damages resulting
from a customer’s test drive of the motor truck, and the
consignor maintains financial liability coverage as required
under section 321.20B or 325A.6, as appropriate, for the motor
truck throughout the term of the consignment.
Sec. 33. Section 322.9, subsection 2, paragraphs a, b, and
c, Code 2014, are amended to read as follows:
a. Failing upon the sale or transfer of a vehicle , except
upon the sale of a vehicle under section 322.7B, to deliver to
the purchaser or transferee of the vehicle sold or transferred,
a manufacturer’s or importer’s certificate, or a certificate of
title duly assigned, as provided in chapter 321 .
b. Failing upon the purchasing or otherwise acquiring of a
vehicle , except a vehicle acquired on consignment under section
322.7B, to obtain a manufacturer’s or importer’s certificate,
or a certificate of title duly assigned as provided in chapter
321 .
c. Failing upon the purchasing or otherwise acquiring of a
vehicle , except a vehicle acquired on consignment under section

Senate File 2355, p. 14
322.7B, to obtain a new certificate of title to such vehicle
when and where required in chapter 321 .
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2355, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor