Bill Text: IA HF2361 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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House File 2361 - Introduced
HOUSE FILE 2361
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO HSB 597)
A BILL FOR
An Act relating to matters under the purview of the department
of transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 :
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
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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
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
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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
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.
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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
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
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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
TRANSPORTATION DEPARTMENT AND COMMISSION
DEPARTMENT OF TRANSPORTATION
Sec. 11. Section 307.8, Code 2014, is amended to read as
follows:
307.8 Expenses.
Members of the commission, the The director , and other
employees of the department shall be allowed their actual and
necessary expenses incurred in the performance of their duties.
All expenses and salaries shall be paid from appropriations
for such purposes , and the department shall be subject to the
budget requirements of chapter 8 .
Sec. 12. Section 307.12, subsection 1, paragraphs g and p,
Code 2014, are amended to read as follows:
g. Appoint the deputy director of transportation and the
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administrators of within the department.
p. Administer chapter 327J Apply for, accept, and expend
federal, state, or private funds for the improvement of
transportation .
Sec. 13. Section 307.12, subsection 1, Code 2014, is amended
by adding the following new paragraph:
NEW PARAGRAPH . q. Coordinate the transportation research
activities within the department.
Sec. 14. Section 307.12, subsection 2, Code 2014, is amended
to read as follows:
2. If in the interest of the state, the director may allow
a subsistence expense to an employee under the supervision of
the department’s administrator responsible for highways highway
programs and activities for continuous stay in one location
while on duty away from established headquarters and place of
domicile for a period not to exceed forty-five days; and may
allow automobile expenses in accordance with section 8A.363 ,
for moving an employee and the employee’s family from place of
present domicile to new domicile, and actual transportation
expense for moving of household goods. The household goods for
which transportation expense is allowed shall not include pets
or animals.
Sec. 15. Section 307.21, subsection 1, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The department’s administrator of administrative services
responsible for the operations and finances of the department
shall:
Sec. 16. Section 307.21, subsection 7, Code 2014, is amended
to read as follows:
7. The administrator of administrative services may
purchase items from the department of administrative services
and may cooperate with the director of the department of
administrative services by providing purchasing services for
the department of administrative services.
Sec. 17. Section 307.22, Code 2014, is amended to read as
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follows:
307.22 Planning and research programming activities .
1. The department’s administrator of responsible for
transportation planning and research infrastructure program
development shall:
a. Assist the director in planning all modes of
transportation in order to develop an integrated transportation
system providing adequate transportation services for all
citizens of the state.
b. Develop and maintain transportation statistical data for
the department.
c. Assist the director in establishing, analyzing, and
evaluating alternative transportation policies for the state.
d. Coordinate planning and research duties and
responsibilities with the planning functions carried on by
other administrators of the department.
e. (1) Annually report by July 1 of each year, for both
secondary and farm-to-market systems, the miles of earth,
granular, and paved surface roads; the daily vehicle miles
of travel; and the lineal feet of bridge deck under the
jurisdiction of each county’s secondary road department, as
of the preceding January 1, taking into account roads whose
jurisdiction has been transferred from the department to a
county or from a county to the department during the previous
year. The annual report shall include those roads transferred
to a county pursuant to section 306.8A .
(2) Miles of secondary and farm-to-market roads shall not
include those miles of farm-to-market extensions within cities
under five hundred population that are placed under county
secondary road jurisdiction pursuant to section 306.4 .
(3) The annual report of updated road and bridge data of
both the secondary and farm-to-market roads shall be submitted
to the Iowa county engineers association service bureau.
f. Advise and assist the director in the study and
development of highway transport economics to assure
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availability and productivity of highway transport services.
f. g. Perform such other planning functions as may be
assigned by the director.
2. The functions of planning and research infrastructure
program development do not include the detailed design
of highways or other modal transportation facilities, but
are restricted to the needs of this state for multimodal
transportation systems.
Sec. 18. Section 307.24, Code 2014, is amended to read as
follows:
307.24 Administration of highways highway programs and
activities .
The department’s administrator of highways is responsible
for the planning, design, construction, and maintenance of
highway programs and activities shall plan, design, construct,
and maintain the state primary highways and shall administer
chapters 306 to through 306C, chapters 309 through 314,
chapters 316 through 318, and chapter 320 and perform other
duties as assigned by the director. The administration of
highways department shall be :
1. Be organized to provide administration assistance for
urban systems , for and secondary roads, and provide other
categories of administration assistance as necessary.
2. Devise and adopt standard plans of highway construction
and furnish the same to the counties and provide information
to the counties on the maintenance practices and policies of
the department.
3. Order the removal or alteration of any lights or
light-reflecting devices, whether on public or private
property, other than railroad signals or crossing lights,
located adjacent to a primary road and within three hundred
feet of a railroad crossing at grade, which in any way
interfere with the vision of or may be confusing to a person
operating a motor vehicle on such primary road in observing
the approach of trains or in observing signs erected for the
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purpose of giving warning of such railroad crossing.
4. Order the removal or alteration of any lights or
light-reflecting devices, whether on public or private
property, located adjacent to a primary road and within
three hundred feet of an intersection with another primary
road, which in any way interfere with the vision of or may be
confusing to a person operating a motor vehicle on such primary
road in observing the approach of other vehicles or signs
erected for the purpose of giving warning of such intersection.
5. Construct, reconstruct, improve, and maintain state
institutional roads and state park roads which are part of the
state park, state institution, and other state land road system
as defined in section 306.3, and bridges on such roads, roads
located on the state fairgrounds as described in chapter 173,
and the roads and bridges located on community college property
as described in chapter 260C, upon the request of the state
board, department, or commission which has jurisdiction over
such roads. Such construction, reconstruction, improvement,
or maintenance shall be done in such manner as may be agreed
upon by the state transportation commission and the state
board, department, or commission which has jurisdiction. The
commission may contract with any county or municipality for
the construction, reconstruction, improvement, or maintenance
of such roads and bridges. Any state park road which is an
extension of either a primary or secondary highway which both
enters and exits from a state park at separate points shall
be constructed, reconstructed, improved, and maintained as
provided in section 306.4. Funds allocated from the road
use tax fund for the purposes of this subsection shall be
apportioned in the following manner and amounts:
a. For department of natural resources facility roads,
forty-five and one-half percent.
b. For department of human services facility roads, six and
one-half percent.
c. For department of corrections facility roads, five and
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one-half percent.
d. For national guard facility roads, four percent.
e. For state board of regents facility roads, thirty
percent.
f. For state fair board facility roads, two percent.
g. For department of administrative services facility roads,
one-half percent.
h. For department of education facility roads, six percent.
Sec. 19. Section 307.26, Code 2014, is amended to read as
follows:
307.26 Rail and water Administration of modal programs and
activities .
The department’s administrator responsible for rail and
water modal programs and activities shall:
1. Advise and assist the director in conducting research
on the basic railroad problems and identify the present
capability of the existing railroads in order to determine
the present obligation of the railroads to provide acceptable
levels of public service. Advise and assist the director
in the development of aeronautics including but not limited
to the location of air terminals, accessibility of air
terminals by other modes of public transportation, protective
zoning provisions considering safety factors, noise, and air
pollution, facilities for private and commercial aircraft,
air freight facilities, and such other physical and technical
aspects as may be necessary to meet present and future needs.
2. Advise and assist the director in the study of local
and regional transportation of goods and people including
intracity and intercity bus systems, dial-a-bus facilities,
rural and urban bus and taxi systems, the collection of data
from these systems, a feasibility study of increased government
subsidy assistance and determination of the allocation of such
subsidies to each mass transportation system, and such other
physical and technical aspects as may be necessary to meet
present and future needs, and apply for, accept, and expend
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federal, state, or private funds for the improvement of mass
transit.
2. 3. Advise and assist the director in the development
of rail transportation systems and programs for expansion of
improving passenger and freight services.
3. 4. Advise and assist the director in developing programs
in anticipation of railroad abandonment, including:
a. Development and evaluation of programs which will
encourage improvement of rail freight and the upgrading of rail
lines in order to improve freight service.
b. Development of alternative modes of transportation to
areas and communities which lose rail service.
c. b. Advise Advising the director when it may appear in
the best interest of the state to assume the role of advocate
in railroad abandonments and railroad rate schedules.
4. 5. Develop and maintain a federal-state relationship
of programs relating to railroad safety enforcement, track
standards, rail equipment, operating rules , and transportation
of hazardous materials.
6. Make surveys, plans, and estimates of cost for safety
enhancement at railroad crossings on highways, and confer
with local and railroad officials with reference to safety
enhancement projects.
5. 7. Advise and assist the director in the conduct of
research on railroad-highway grade crossings and encourage
and develop a safety program in order to reduce injuries or
fatalities including , but not limited to , the following:
a. The implementation of a program of constructing rumble
strips at grade crossings on selected hard surface roads.
b. a. The establishment of standards for warning devices
for particularly hazardous crossings or for classes of
crossings on highways, which standards are shall be designed
to reduce injuries, fatalities , and property damage. Such
standards shall regulate the use of warning devices and
signs , which shall be in addition to the requirements of
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section 327G.2 . Implementation of such standards shall be
the responsibility of the government agency , or department ,
or political subdivision having jurisdiction and control of
the highway and such implementation shall be deemed adequate
for the purposes of railroad grade crossing protection. The
department, or the political subdivision having jurisdiction,
may direct the installation of temporary protection while
awaiting installation of permanent protection. A railroad
crossing shall not be found to be particularly hazardous for
any purpose unless the department has determined it to be
particularly hazardous.
c. b. The development and adoption of classifications of
crossings on public highways based upon their characteristics,
conditions, and hazards, and standards for warning devices,
signals, and signs of each crossing classification. The
department shall recommend a schedule for implementation
of the standards to the government agency, department, or
political subdivision having jurisdiction of the highway and
shall provide an annual report to the general assembly on the
development and adoption of classifications and standards under
this paragraph and their implementation, including information
about financing installation of warning devices, signals, and
signs. The department shall not be liable for the development
or adoption of the classifications or standards. A government
agency, department, or political subdivision shall not be
liable for failure to implement the standards. A crossing
warning or improvement installed or maintained pursuant to
standards adopted by the department under this paragraph “b”
shall be deemed an adequate and appropriate warning for the
crossing.
6. Apply for, accept, and expend federal, state or private
funds for the improvement of rail transportation.
7. 8. Advise and assist the director on studies for to
assure availability, efficiency, and productivity of freight
and passenger services and to promote the coordination of
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railway service with that of other between all transportation
modes.
8. 9. Advise and assist the director with studies of
regulatory changes deemed necessary to effectuate economical
and efficient railroad service.
9. 10. Advise and assist the director regarding agreements
with railroad corporations for the restoration, conservation ,
or improvement of railroad as defined in section 327D.2,
subsection 3 , on such terms, conditions, rates, rentals, or
subsidy levels as may be in the best interest of the state.
The commission may enter into contracts and agreements which
are binding only to the extent that appropriations have been
or may subsequently be made by the legislature to effectuate
the purposes of this subsection .
10. 11. Administer chapters 324A, 327C through 327H , 327J,
328, 329, and 330 .
12. Administer programs and activities in chapter
306D relating to scenic routes, chapter 307C relating to
the Missouri river barge compact, chapter 308 relating
to the Mississippi river parkway, chapter 308A relating
to recreational bikeways, and chapter 315 relating to the
revitalize Iowa’s sound economy fund.
11. 13. Perform such other duties and responsibilities as
may be assigned by the director and the commission .
12. Advise and assist in the establishment and development
of railroad districts upon request.
13. Conduct innovative experimental programs relating to
rail transportation problems within the state.
14. Enter the role of “applicant” pursuant to the Railroad
Revitalization and Regulatory Reform Act of 1976, Pub. L. No.
94-210, and take such actions as are necessary to accomplish
this role.
15. Identify those segments of railroad trackage which, if
improved, may provide increased transportation services for
the citizens of this state. The department shall develop and
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implement programs to encourage the improvement of rail freight
services on such railroad trackage.
16. 14. Promote river transportation and coordinate river
programs with other transportation modes.
17. 15. Advise and assist the director in the development
of river transportation and port facilities in the state.
Sec. 20. Section 307.27, Code 2014, is amended to read as
follows:
307.27 Motor vehicles , motor carriers, and drivers .
The department’s administrator responsible for the
enforcement and regulation of motor carriers, registration of
motor vehicles , and the licensing of drivers shall:
1. Administer and supervise the registration of motor
vehicles and the licensing of drivers pursuant to chapter 321 .
2. Administer and supervise the licensing of motor vehicle
manufacturers, distributors , and dealers pursuant to chapter
322 .
3. Administer the inspection of motor vehicles pursuant to
chapter 321 .
4. Administer motor vehicle registration reciprocity
pursuant to chapter 326 .
5. Administer the provisions of chapters 321A , 321E , 321F ,
and 321J relating to motor vehicle financial responsibility,
the implied consent law, the movement of vehicles of excessive
size and weight , and the leasing and renting of vehicles.
6. Administer the regulation of motor vehicle franchisers
pursuant to chapter 322A .
7. Administer the regulation of motor carriers pursuant to
chapter chapters 325A , 326, and 327B .
8. Administer the registration of interstate authority
of motor carriers pursuant to chapter 327B as provided in 49
U.S.C. § 14504a and United States department of transportation
regulations.
9. Administer chapter 321C relating to interstate drivers
license compacts; chapter 321D relating to vehicle equipment
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compacts; chapter 321H relating to vehicle recyclers; chapter
321L relating to parking for persons with disabilities; chapter
321M relating to county issuance of driver’s licenses; and
chapter 322C relating to travel trailer dealers, manufacturers,
and distributors.
Sec. 21. Section 307.45, Code 2014, is amended to read as
follows:
307.45 State-owned lands —— assessment.
1. Cities and counties may assess the cost of a public
improvement against the state when the improvement benefits
property owned by the state and under the jurisdiction
and control of the department’s administrator of highways
department . The director shall pay from the primary road fund
the portion of the cost of the improvement which would be
legally assessable against the land if privately owned.
2. Assessments against property under the jurisdiction of
the department’s administrator of highways department shall be
made in the same manner as those made against private property,
except that the city or county making the assessment shall
cause a copy of the public notice of hearing to be mailed to the
director by certified mail.
3. Assessments against property owned by the state and
not under the jurisdiction and control of the department’s
administrator of highways department shall be made in the same
manner as those made against private property , and payment
shall be subject to authorization by the executive council.
There is appropriated from moneys in the general fund not
otherwise appropriated an amount necessary to pay the expense
authorized by the executive council.
Sec. 22. Section 307.47, subsections 1 and 3, Code 2014, are
amended to read as follows:
1. The highway materials and equipment revolving fund
is created from moneys appropriated out of the primary road
fund. From this fund shall be paid all costs for materials
and supplies, inventoried stock supplies, maintenance and
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operational costs of equipment, and equipment replacements
incurred in the operation of centralized purchasing under the
supervision of the department’s administrator of highways
administrator responsible for highway programs and activities .
Direct salaries and expenses properly chargeable to direct
salaries shall be paid from the fund. For each month , the
director administrator responsible for the operations and
finances of the department shall render a statement to each
highway unit under the supervision of the administrator
of highways for the actual cost of materials and supplies,
operational and maintenance costs of equipment, and equipment
depreciation used. The expense shall be paid by the
administrator of highways responsible for the operations
and finances of the department in the same manner as other
interdepartmental billings are paid , and when the expense is
paid by the administrator of highways, the sum paid shall be
credited to the highway materials and equipment revolving fund.
3. When the highway units under the supervision of
the administrator of highways share equipment with other
administrative units of the department, the director shall
prorate the costs of the equipment among the administrative
units using the equipment.
Sec. 23. REPEAL. Sections 307.3, 307.4, 307.5, 307.6,
307.7, 307.9, 307.10, 307.25, 307.35, and 307.43, Code 2014,
are repealed.
STATE TRANSPORTATION COMMISSION
Sec. 24. NEW SECTION . 307A.1A Transportation commission.
1. There is created a state transportation commission which
shall consist of seven members, not more than four of whom
shall be from the same political party. The governor shall
appoint the members of the commission for a term of four years
beginning and ending as provided by section 69.19, subject to
confirmation by the senate.
2. The commission shall meet in May of each year for the
purpose of electing one of its members as chairperson.
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Sec. 25. Section 307A.2, Code 2014, is amended to read as
follows:
307A.2 Duties.
Said The commission shall:
1. Devise and adopt standard plans of highway construction
and furnish the same to the counties and provide information
to the counties on the maintenance practices and policies of
the department. Develop, coordinate, and annually update a
comprehensive transportation policy and plan for the state.
2. Furnish information and instruction to, answer inquiries
of, and advise with, highway officers on matters of highway
construction and maintenance and the reasonable cost thereof.
Promote the coordinated and efficient use of all available
modes of transportation for the benefit of the state and
its citizens including but not limited to the designation
and development of multimodal public transfer facilities if
carriers or other private businesses fail to develop such
facilities.
3. Reserved.
4. Make surveys, plans, and estimates of cost, for the
elimination of danger at railroad crossings on highways, and
confer with local and railroad officials with reference to
elimination of the danger.
5. Assist the board of supervisors and the department
general counsel in the defense of suits wherein infringement of
patents, relative to highway construction, is alleged.
6. Make surveys for the improvement of highways upon or
adjacent to state property when requested by the board or
department in control of said lands.
7. Record all important operations of said commission and,
at the time provided by law, report the same to the governor.
8. Incur no expense to the state by sending out road
lecturers.
9. Order the removal or alteration of any lights or
light-reflecting devices, whether on public or private
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property, other than railroad signals or crossing lights,
located adjacent to a primary road and within three hundred
feet of a railroad crossing at grade, which in any way
interfere with the vision of or may be confusing to a person
operating a motor vehicle on such highway in observing the
approach of trains or in observing signs erected for the
purpose of giving warning of such railroad crossing.
10. Order the removal or alteration of any lights or
light-reflecting devices, whether on public or private
property, located adjacent to a primary road and within
three hundred feet of an intersection with another primary
road, which in any way interfere with the vision of or may be
confusing to a person operating a motor vehicle on such highway
in observing the approach of other vehicles or signs erected
for the purpose of giving warning of such intersection.
11. Construct, reconstruct, improve, and maintain state
institutional roads and state park roads, which are part of
the state park, state institution, and other state land road
system as defined in section 306.3 , and bridges on such roads,
roads located on state fairgrounds as defined in chapter 173 ,
and the roads and bridges located on community college property
as defined in chapter 260C , upon the request of the state
board, department, or commission which has jurisdiction over
such roads. This shall be done in such manner as may be agreed
upon by the state transportation commission and the state
board, department, or commission which has jurisdiction. The
commission may contract with any county or municipality for
the construction, reconstruction, improvement, or maintenance
of such roads and bridges. Any state park road which is an
extension of either a primary or secondary highway which both
enters and exits from a state park at separate points shall
be constructed, reconstructed, improved, and maintained as
provided in section 306.4 . Funds allocated from the road
use tax fund for the purposes of this subsection shall be
apportioned in the following manner and amounts:
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a. For department of natural resources facility roads,
forty-five and one-half percent.
b. For department of human services facility roads, six and
one-half percent.
c. For department of corrections facility roads, five and
one-half percent.
d. For national guard facility roads, four percent.
e. For state board of regents facility roads, thirty
percent.
f. For state fair board facility roads, two percent.
g. For department of administrative services facility roads,
one-half percent.
h. For department of education facility roads, six percent.
12. 3. Prepare, adopt, and cause to be published a
long-range program for the primary road system, in conjunction
with the state transportation plan adopted by the commission.
Such program shall be prepared for a period of at least five
years and shall be revised, brought up-to-date, and republished
at least once every year in order to have a continuing
five-year program. The program shall include, insofar as such
estimates can be made, an estimate of the money expected to
become available during the period covered by the program and
a statement of the construction, maintenance, and other work
planned to be performed during such period. The commission
shall conduct periodic reinspections of the primary roads in
order to revise, from time to time, its estimates of future
needs to conform to the physical and service conditions
of the primary roads. The commission shall annually cause
to be published a sufficiency rating report showing the
relative conditions of the primary roads. Before the last
day of December of each year, the commission shall adopt and
cause to be published from its long-range program , a plan of
improvements to be accomplished during the next calendar year.
However, in years when the federal government is reauthorizing
federal highway funding, the commission shall not be required
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to adopt and publish the annual plan of improvements to be
accomplished until at least ninety days from the enactment
of the new federal funding formula. This annual program
shall list definite projects in order of urgency and shall
include a reasonable year’s work with the funds estimated to
be available. The annual program shall be final and followed
by the commission in the next year except that deviations may
be made in case of disaster or other unforeseen emergencies
or difficulties. The relative urgency of the proposed
improvements shall be determined by a consideration of the
physical condition, safety, and service characteristics of the
various primary roads.
13. 4. The criteria used by the commission for allocating
funds as a result of any long-range planning process shall be
adopted in accordance with the provisions of chapter 17A . The
commission shall adopt such rules and regulations in accordance
with the provisions of chapter 17A as it may deem necessary to
transact its business and for the administration and exercise
of its powers and duties.
14. 5. Identify, within the primary road system, a network
of commercial and industrial highways in accordance with
section 313.2A . The improvement of this network shall be
considered in the development of the long-range program and
plan of improvements under this section .
6. Approve all rules prior to their adoption by the director
pursuant to section 307.12, subsection 1, paragraph “j” .
Sec. 26. NEW SECTION . 307A.3 Conflict of interest.
A person shall not serve as a member of the commission who
has an interest in a contract or job of work or material or the
profits thereof or service to be performed for the department.
Any member of the commission who accepts employment with or
acquires any stock, bonds, or other interest in any company
or corporation doing business with the department shall be
disqualified from remaining a member of the commission.
Sec. 27. NEW SECTION . 307A.4 Vacancies on commission.
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1. Any vacancy in the membership of the commission shall be
filled in the same manner as regular appointments are made for
the unexpired portion of the regular term.
2. In the event the governor fails to make an appointment
to fill a vacancy or fails to submit the appointment to the
senate for confirmation as required by section 2.32, the senate
may make the appointment prior to adjournment of the general
assembly.
Sec. 28. NEW SECTION . 307A.5 Compensation —— commission
members.
Each member of the commission shall be compensated as
provided in section 7E.6.
Sec. 29. NEW SECTION . 307A.6 Commission meetings.
The commission shall meet at the call of the chairperson or
when any four members of the commission file a written request
with the chairperson for a meeting. Written notice of the
time and place of each meeting shall be given to each member
of the commission. A majority of the commission members shall
constitute a quorum.
Sec. 30. NEW SECTION . 307A.7 Expenses.
Members of the commission shall be allowed their actual and
necessary expenses incurred in the performance of their duties.
All expenses and salaries shall be paid from appropriations for
such purposes.
Sec. 31. NEW SECTION . 307A.8 Removal from office.
Any member of the commission may be removed for any of
the causes and in the manner provided in chapter 66 and such
removal shall not be in lieu of any other punishment that may
be prescribed by the laws of this state.
CONFORMING AMENDMENTS
Sec. 32. Section 173.16, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
All expenses incurred in maintaining the state fairgrounds
and in conducting the annual fair on it the state fairgrounds ,
including the compensation and expenses of the officers,
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members, and employees of the board, shall be recorded by the
secretary and paid from the state fair receipts, unless a
specific appropriation has been provided for that purpose. The
board may request special capital improvement appropriations
from the state and may request emergency funding from the
executive council for natural disasters. The board may request
that the department of transportation provide maintenance in
accordance with section 307A.2 307.24 , subsection 11 5 .
Sec. 33. Section 312.2, subsection 2, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The treasurer of state shall before making the allotments
in subsection 1 credit annually to the highway grade crossing
safety fund the sum of seven hundred thousand dollars, credit
annually from the road use tax fund the sum of nine hundred
thousand dollars to the highway railroad grade crossing surface
repair fund, credit monthly to the primary road fund the
dollars yielded from an allotment of sixty-five hundredths of
one percent of all road use tax funds for the express purpose
of carrying out subsection 11 of section 307A.2 , section
313.4, subsection 2 , section 307.24, subsection 5, and section
307.45 , and credit annually to the primary road fund the sum of
five hundred thousand dollars to be used for paying expenses
incurred by the state department of transportation other than
expenses incurred for extensions of primary roads in cities.
All unobligated funds provided by this subsection , except those
funds credited to the highway grade crossing safety fund, shall
at the end of each year revert to the road use tax fund. Funds
in the highway grade crossing safety fund shall not revert to
the road use tax fund except to the extent they exceed five
hundred thousand dollars at the end of any biennium. The cost
of each highway railroad grade crossing repair project shall be
allocated in the following manner:
Sec. 34. Section 312.4, subsection 5, Code 2014, is amended
to read as follows:
5. The amount of the road use tax fund which has been
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credited to carry out the provisions of section 307A.2,
subsection 11 , section 313.4, subsection 2 , section 307.24,
subsection 5, and section 307.45 .
Sec. 35. Section 313.4, subsection 2, Code 2014, is amended
to read as follows:
2. Such fund is also appropriated and shall be used for the
construction, reconstruction, improvement , and maintenance of
state institutional roads and state park roads and bridges on
such roads and roads and bridges on community college property
as provided in section 307A.2 307.24 , subsection 11 5 , for
restoration of secondary roads used as primary road detours and
for compensation of counties for such use, for restoration of
municipal streets so used and for compensation of cities for
such use, and for the payments required in section 307.45 .
DIVISION III
MISCELLANEOUS PROVISIONS
Sec. 36. 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. 37. 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
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
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a commercial motor vehicle between the farms of the farmers who
are exchanging services.
Sec. 38. 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
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.
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. 39. 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.
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Sec. 40. 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
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. 41. 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. 42. 2012 Iowa Acts, chapter 1129, section 4, is amended
to read as follows:
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SEC. 4. ROAD USE TAX FUND EFFICIENCY MEASURES ——
QUARTERLY REPORTS. The department of transportation shall
submit quarterly reports 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 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. The final report shall be submitted by
October 1, 2014.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill contains provisions relating to matters under the
purview of the department of transportation (DOT).
DIVISION I —— HIGHWAYS. Under current law, the DOT has
the responsibility for regulating junkyards along interstate
highways. This bill extends the scope of that responsibility
to include all highways on the national highway system. The
“national highway system” is designated by the federal highway
administration in consultation with the DOT and consists of
certain interconnected urban and rural principal arterials and
highways.
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The bill prohibits the establishment, operation, or
maintenance of a junkyard within 1,000 feet of the nearest
edge of the right-of-way of any highway on the national
highway system unless the junkyard is not visible from the
main-traveled portion of the highway or is screened from view;
is located within areas zoned for industrial use; or is located
in an unzoned industrial area defined by DOT regulations.
However, a junkyard in a zoned or unzoned industrial area
lawfully in existence on July 1, 2014, which is within 1,000
feet of the right-of-way and visible from the main-traveled
portion of the highway shall be screened, if feasible, by the
DOT or by the owner at the direction of the DOT.
Under current law, the DOT regulates billboards along
interstates and primary highways. The bill expands the scope
of that regulation by redefining “primary highways” to include
all highways on the national highway system and all highways
on the federal-aid primary system as it existed on June 1,
1991. Certain restrictions on the placement of advertising
devices are amended to narrow the application to nonfreeway or
noninterstate primary highways.
DIVISION II —— TRANSPORTATION DEPARTMENT AND COMMISSION.
DEPARTMENT OF TRANSPORTATION. Code chapter 307, which
establishes the DOT, is amended and reorganized to reflect the
current structure and responsibilities of the department and
its various divisions. In addition, provisions which relate
to the state transportation commission are repealed from Code
chapter 307 and moved into Code chapter 307A, which relates
more specifically to the commission.
STATE TRANSPORTATION COMMISSION. Code chapter 307A,
which currently contains some of the duties of the state
transportation commission, is amended to include provisions
establishing the commission and providing for its organization
and membership. In addition, certain provisions which relate
to duties actually performed by the department, and not the
commission, are repealed from Code chapter 307A and moved into
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Code chapter 307.
CONFORMING AMENDMENTS. Code sections that currently refer
to provisions in Code chapters 307 and 307A are amended to
update references in conjunction with the changes to those Code
chapters by the bill.
DIVISION III —— MISCELLANEOUS PROVISIONS. Code section
321.50 is amended to provide that when a security interest is
noted on an Iowa certificate of title and in the statewide
computer system and the county’s records, it can be presumed
that the security interest has been discharged upon the
presentation of a valid certificate of title subsequently
issued by the foreign jurisdiction on which the security
interest is no longer noted.
The bill amends a provision in Code section 321.176A which
describes the exemption from commercial driver’s license
requirements that applies to farmers and persons working for
farmers. The bill states that the exemption applies to a
farmer or a person working for a farmer while operating a
covered farm vehicle as defined in the 2012 federal Moving
Ahead for Progress in the 21st Century Act, also known as
MAP-21, which authorizes surface transportation funding.
The bill amends Code section 321.187 to allow third party
testers to administer the driving skills test required for a
commercial driver’s license, provided the third party tester
administers the same test as that which would be administered
by the state and complies with federal regulations for testing
which are adopted by the department by rule. An examiner used
by a third party tester must also meet federal requirements.
The bill amends Code section 321.257 to describe new colored
lights and lighted symbols used on official traffic-control
signals. The “steady upraised hand” light means the same as
the “don’t walk” light, and the “walking person” light means
the same as the “walk” light. The “flashing upright hand” and
the “upraised hand with countdown” lights are now pedestrian
signals that indicate when to wait before crossing or proceed
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to a safety zone, and the “upraised hand with countdown”
light also indicates the time remaining for the pedestrian to
complete the crossing. The “flashing yellow arrow” light means
vehicular traffic may cautiously enter the intersection and
proceed in the direction indicated by the arrow, but must yield
the right-of-way to other vehicles and pedestrians lawfully in
the intersection or approaching closely.
Under current law, when an aircraft that was registered
in this state is destroyed by fire or accident or junked and
its identity as an aircraft entirely eliminated, or when the
aircraft is removed from the state, the owner has 10 days in
which to return the certificate of title and claim a refund
of the registration fee. The bill extends the deadline to 30
days.
Pursuant to 2012 Acts, chapter 1129, section 4, the DOT
is currently required to submit quarterly reports regarding
the implementation of efficiency measures identified in the
“Road Use Tax Fund Efficiency Report”, January 2012. The bill
requires submission of the final quarterly report by October 1,
2014, thereby ending the reporting requirement.
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