Bill Text: IA SF2413 | 2017-2018 | 87th General Assembly | Introduced
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 SSB 3214.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-05-01 - Withdrawn. S.J. 1008. [SF2413 Detail]
Download: Iowa-2017-SF2413-Introduced.html
Senate File 2413 - Introduced SENATE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3214) A BILL FOR 1 An Act relating to transportation and other 2 infrastructure=related appropriations to the department of 3 transportation, including allocation and use of moneys from 4 the road use tax fund and the primary road fund, providing 5 for other properly related matters, and including effective 6 date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5034SV (3) 87 ns/tm PAG LIN 1 1 DIVISION I 1 2 FY 2018=2019 APPROPRIATIONS 1 3 Section 1. 2017 Iowa Acts, chapter 164, section 3, is 1 4 amended to read as follows: 1 5 SEC. 3. ROAD USE TAX FUND. There is appropriated from the 1 6 road use tax fund created in section 312.1 to the department of 1 7 transportation for the fiscal year beginning July 1, 2018, and 1 8 ending June 30, 2019, the following amounts, or so much thereof 1 9 as is necessary, to be used for the purposes designated: 1 10 1. For the payment of costs associated with the production 1 11 of driver's licenses, as defined in section 321.1, subsection 1 12 20A: 1 13 .................................................. $1,938,0001 14 3,876,000 1 15 Notwithstanding section 8.33, moneys appropriated in this 1 16 subsection that remain unencumbered or unobligated at the close 1 17 of the fiscal year shall not revert but shall remain available 1 18 for expenditure for the purposes specified in this subsection 1 19 until the close of the succeeding fiscal year. 1 20 2. For salaries, support, maintenance, and miscellaneous 1 21 purposes: 1 22 a.OperationsAdministrative services: 1 23 .................................................. $3,350,0731 24 6,677,758 1 25 b. Planning: 1 26 .................................................. $224,7701 27 447,822 1 28 c. Motor vehicles: 1 29 .................................................. $18,005,1031 30 25,962,748 1 31 d.Performance and technologyStrategic performance: 1 32 .................................................. $262,6701 33 671,369 1 34 e. Highways: 1 35 .................................................. $ 10,233,174 2 1 3. For payments to the department of administrative 2 2 services for utility services: 2 3 .................................................. $129,7802 4 259,560 2 5 4. For unemployment compensation: 2 6 .................................................. $3,5002 7 7,000 2 8 5. For payments to the department of administrative 2 9 services for paying workers' compensation claims under chapter 2 10 85 on behalf of employees of the department of transportation: 2 11 .................................................. $87,7402 12 175,748 2 13 6. For payment to the general fund of the state for indirect 2 14 cost recoveries: 2 15 .................................................. $45,0002 16 90,000 2 17 7. For reimbursement to the auditor of state for audit 2 18 expenses as provided in section 11.5B: 2 19 .................................................. $43,6592 20 87,318 2 21 8. For automation, telecommunications, and related costs 2 22 associated with the county issuance of driver's licenses and 2 23 vehicle registrations and titles: 2 24 .................................................. $703,0002 25 1,406,000 2 26 9. For costs associated with the participation in the 2 27 Mississippi river parkway commission: 2 28 .................................................. $20,0002 29 40,000 2 30 10. For costs associated with the traffic and criminal 2 31 software program and the mobile architecture and communications 2 32 handling program: 2 33 .................................................. $150,0002 34 300,000 2 35 11. For motor vehicle division field facility maintenance 3 1 projects at various locations: 3 2 .................................................. $150,0003 3 300,000 3 4 For purposes of section 8.33, unless specifically provided 3 5 otherwise, moneys appropriated in subsection 11 that remain 3 6 unencumbered or unobligated shall not revert but shall remain 3 7 available for expenditure for the purposes designated until 3 8 the close of the fiscal year that ends three years after the 3 9 end of the fiscal year for which the appropriation was made. 3 10 However, if the projects for which the appropriation was 3 11 made are completed in an earlier fiscal year, unencumbered 3 12 or unobligated moneys shall revert at the close of that same 3 13 fiscal year. 3 14 12. For costs associated with the statewide 3 15 interoperability network: 3 16 .................................................. $ 497,191 3 17 Sec. 2. 2017 Iowa Acts, chapter 164, section 4, is amended 3 18 to read as follows: 3 19 SEC. 4. PRIMARY ROAD FUND. There is appropriated from the 3 20 primary road fund created in section 313.3 to the department of 3 21 transportation for the fiscal year beginning July 1, 2018, and 3 22 ending June 30, 2019, the following amounts, or so much thereof 3 23 as is necessary, to be used for the purposes designated: 3 24 1. For salaries, support, maintenance, miscellaneous 3 25 purposes, and for not more than the following full=time 3 26 equivalent positions: 3 27 a.OperationsAdministrative services: 3 28 .................................................. $20,579,0213 29 41,020,512 3 30 ............................................... FTEs259.003 31 250.00 3 32 b. Planning: 3 33 .................................................. $4,270,6163 34 8,508,616 3 35 ............................................... FTEs97.004 1 94.00 4 2 c. Highways: 4 3 .................................................. $122,985,4564 4 247,828,001 4 5 ............................................... FTEs1,962.004 6 2,056.00 4 7 d. Motor vehicles: 4 8 .................................................. $750,2134 9 1,081,781 4 10 ............................................... FTEs395.004 11 281.00 4 12 e.Performance and technologyStrategic performance: 4 13 .................................................. $1,611,8254 14 4,124,123 4 15 ............................................... FTEs35.004 16 41.00 4 17 2. For payments to the department of administrative 4 18 services for utility services: 4 19 .................................................. $797,2204 20 1,594,440 4 21 3. For unemployment compensation: 4 22 .................................................. $69,0004 23 138,000 4 24 4. For payments to the department of administrative 4 25 services for paying workers' compensation claims under 4 26 chapter 85 on behalf of the employees of the department of 4 27 transportation: 4 28 .................................................. $2,105,7624 29 4,217,954 4 30 5. For disposal of hazardous wastes from field locations and 4 31 the central complex: 4 32 .................................................. $400,0004 33 800,000 4 34 6. For payment to the general fund of the state for indirect 4 35 cost recoveries: 5 1 .................................................. $330,0005 2 660,000 5 3 7. For reimbursement to the auditor of state for audit 5 4 expenses as provided in section 11.5B: 5 5 .................................................. $268,1915 6 536,382 5 7 8. For costs associated with producing transportation maps: 5 8 .................................................. $121,0005 9 242,000 5 10 9. For inventory and equipment replacement: 5 11 .................................................. $5,232,5005 12 10,465,000 5 13 9A. For costs associated with the statewide 5 14 interoperability network: 5 15 .................................................. $ 3,054,172 5 16 10. For utility improvements at various locations: 5 17 .................................................. $200,0005 18 400,000 5 19 11. For roofing projects at various locations: 5 20 .................................................. $250,0005 21 500,000 5 22 12. For heating, cooling, and exhaust system improvements 5 23 at various locations: 5 24 .................................................. $350,0005 25 700,000 5 26 13. For deferred maintenance projects at field facilities 5 27 throughout the state: 5 28 .................................................. $850,0005 29 1,700,000 5 30 14. For maintenance projects at rest area facilities 5 31 throughout the state: 5 32 .................................................. $125,0005 33 250,000 5 34 15. For improvements related to compliance with the federal 5 35 Americans with Disabilities Act to facilities throughout the 6 1 state: 6 2 .................................................. $75,0006 3 150,000 6 4 16. For renovations to the Waterloo maintenance garage: 6 5 .................................................. $895,0006 6 1,790,000 6 7 For purposes of section 8.33, unless specifically provided 6 8 otherwise, moneys appropriated in subsections 10 through 16 6 9 that remain unencumbered or unobligated shall not revert 6 10 but shall remain available for expenditure for the purposes 6 11 designated until the close of the fiscal year that ends 6 12 three years after the end of the fiscal year for which the 6 13 appropriation was made. However, if the project or projects 6 14 for which such appropriation was made are completed in an 6 15 earlier fiscal year, unencumbered or unobligated moneys shall 6 16 revert at the close of that same fiscal year. 6 17 DIVISION II 6 18 SPECIAL MINOR'S LICENSES 6 19 Sec. 3. Section 321.194, subsection 1, Code 2018, is amended 6 20 to read as follows: 6 21 1. Persons eligible.Upon certification of a special need 6 22 by the school board, superintendent of the applicant's school, 6 23 or principal, if authorized by the superintendent, theThe 6 24 department may issue a class C or M driver's license to a 6 25 person between the ages of fourteen and eighteen years if all 6 26 of the following apply: 6 27 a. The person's driving privileges have not been suspended, 6 28 revoked, or barred under this chapter or chapter 321J during, 6 29 and the person has not been convicted of a moving traffic 6 30 violation or involved in a motor vehicle accident for, the 6 31 six=month period immediately preceding the application for the 6 32 special minor's license. 6 33 b. The person has successfully completed an approved driver 6 34 education course. However, the completion of a course is not 6 35 required if the applicant demonstrates to the satisfaction 7 1 of the department that completion of the course would impose 7 2 a hardship upon the applicant. The department shall adopt 7 3 rules defining the term "hardship" and establish procedures for 7 4 the demonstration and determination of when completion of the 7 5 course would impose a hardship upon an applicant. 7 6 c. The person's school has certified to the department 7 7 that the person has a special need for the license pursuant to 7 8 subsection 3. 7 9 Sec. 4. Section 321.194, subsection 2, paragraph a, Code 7 10 2018, is amended to read as follows: 7 11 a. Permitted operations. The driver's license entitles 7 12 theholderlicensee, while having the license in immediate 7 13 possession, to operate a motor vehicle, other than a commercial 7 14 motor vehicle or as a chauffeur:, during the times and for the 7 15 purposes set forth in this paragraph. 7 16 (1) If the licensee attends a public school, the licensee 7 17 may operate a motor vehicle during the hours of 5:00 a.m. to 7 18 10:00 p.m. as follows: 7 19 (a)During the hours of 5:00 a.m. to 10:00 p.m. overOver 7 20 the most direct and accessible route between the licensee's 7 21 residence and schools of enrollment or the closest school bus 7 22 stop or public transportation service, and between schools of 7 23 enrollment, for the purpose of attending duly scheduled courses 7 24 of instruction and extracurricular activities within the school 7 25 district of enrollment. 7 26(2)(b)During the hours of 5:00 a.m. to 10:00 p.m. 7 27 overOver the most direct and accessible route between the 7 28 licensee's residence or school of enrollment and a site, 7 29 facility, or school that is not the licensee's school of 7 30 enrollment, for the purpose of participating in extracurricular 7 31 activities conducted under a sharing agreement with the 7 32 licensee's school of enrollment or conducted at a site, 7 33orfacility, or school designated by the licensee's school 7 34 district for the accommodation of the school's extracurricular 7 35 activities, provided the site, facility, or school is within 8 1 the licensee's school district of enrollment or is within a 8 2 school district contiguous to the licensee's school district 8 3 of enrollment. 8 4 (2) If the licensee attends an accredited nonpublic school, 8 5 the licensee may operate a motor vehicle during the hours of 8 6 5:00 a.m. to 10:00 p.m. as follows: 8 7 (a) Over the most direct and accessible route between 8 8 the licensee's residence and schools of enrollment or the 8 9 closest school bus stop or public transportation service, and 8 10 between schools of enrollment, for the purpose of attending 8 11 duly scheduled courses of instruction and extracurricular 8 12 activities, provided the driving distance between the point of 8 13 origin and the destination is no more than twenty=five miles. 8 14 (b) Over the most direct and accessible route between 8 15 the licensee's residence or school of enrollment and a site, 8 16 facility, or school that is not the licensee's school of 8 17 enrollment, for the purpose of participating in extracurricular 8 18 activities conducted at a site, facility, or school designated 8 19 by the licensee's school of enrollment for the accommodation of 8 20 the school's extracurricular activities, provided the driving 8 21 distance between the point of origin and the destination is no 8 22 more than twenty=five miles. 8 23 (3) To a service station for the purpose of refueling, so 8 24 long as the service station is the station closest to the route 8 25 on which the licensee is travelingonunder subparagraph (1) 8 26 or (2). 8 27 (4) At any time when the licensee is accompanied in 8 28 accordance with section 321.180B, subsection 1. 8 29 Sec. 5. Section 321.194, subsection 3, Code 2018, is amended 8 30 to read as follows: 8 31 3. Certification of need and issuance of license. 8 32 a. Each application shall be accompanied by a statement from 8 33 theschool board, superintendent, or principal, if authorized 8 34 by the superintendent, of theapplicant's school of enrollment. 8 35 The statement shall be upon a form provided by the department. 9 1 The school board, superintendent, or principal, if authorized 9 2 by the superintendent,and shall certify that a need exists for 9 3 the license and that theboard, superintendent, or principal 9 4 authorized by the superintendentperson signing the statement 9 5 is not responsible for actions of the applicant which pertain 9 6 to the use of the driver's license. 9 7 (1) If the applicant attends a public school, the 9 8 certification shall be made by the school board, superintendent 9 9 of the applicant's school, or principal, if authorized by the 9 10 superintendent. 9 11 (2) If the applicant attends an accredited nonpublic 9 12 school, the certification shall be made by the authorities in 9 13 charge of the accredited nonpublic school or a duly authorized 9 14 representative of the authorities. 9 15 b. Upon receipt of a statement of necessity, the department 9 16 shall issue the driver's license provided the applicant is 9 17 otherwise eligible for issuance of the license. The fact that 9 18 the applicant resides at a distance less than one mile from the 9 19 applicant's school of enrollment is prima facie evidence of the 9 20 nonexistence of necessity for the issuance of a license. 9 21 c. The schoolboardshall develop and adopt a policy 9 22 establishing the criteria that the school shallbe used 9 23 by a school district administratoruse to approve or deny 9 24 certification that a need exists for a license. If the school 9 25 is a public school, the policy shall be developed and adopted 9 26 by the school board. If the school is an accredited nonpublic 9 27 school, the policy shall be developed and adopted according 9 28 to procedures determined by the authorities in charge of the 9 29 accredited nonpublic school. 9 30 d.TheA student enrolled in a public school may appeal 9 31 to the school board the decision of a school district 9 32 administrator to deny certification. A student enrolled in an 9 33 accredited nonpublic school may appeal the school's decision to 9 34 deny certification as permitted by the authorities in charge of 9 35 the accredited nonpublic school. The decision of the school 10 1 board or authorities in charge of the accredited nonpublic 10 2 school is final. 10 3 e. The driver's license shall not be issued for purposes 10 4 of attending a public school in a school district other than 10 5 either of the following: 10 6a.(1) The district of residence of the parent or guardian 10 7 of the student. 10 8b.(2) A district which is contiguous to the district of 10 9 residence of the parent or guardian of the student, if the 10 10 student is enrolled in the public school which is not the 10 11 school district of residence because of open enrollment under 10 12 section 282.18 or as a result of an election by the student's 10 13 district of residence to enter into one or more sharing 10 14 agreements pursuant to the procedures in chapter 282. 10 15 f. The driver's license shall not be issued for purposes 10 16 of attending an accredited nonpublic school if the driving 10 17 distance between the school and the residence of the parent or 10 18 guardian of the student is more than twenty=five miles. 10 19 DIVISION III 10 20 DEPARTMENT OF TRANSPORTATION EMPLOYEES DESIGNATED AS PEACE 10 21 OFFICERS 10 22 Sec. 6. 2017 Iowa Acts, chapter 149, section 4, is amended 10 23 to read as follows: 10 24 SEC. 4. REPEAL. The section of this Act amending section 10 25 321.477 is repealed July 1,20182019. 10 26 Sec. 7. EFFECTIVE DATE. This division of this Act, being 10 27 deemed of immediate importance, takes effect upon enactment. 10 28 EXPLANATION 10 29 The inclusion of this explanation does not constitute agreement with 10 30 the explanation's substance by the members of the general assembly. 10 31 This bill makes appropriations for FY 2018=2019 from the 10 32 road use tax fund and the primary road fund to the department 10 33 of transportation (DOT), and provides for other properly 10 34 related matters. 10 35 DIVISION I ==== FY 2018=2019 APPROPRIATIONS. Appropriations 11 1 from the road use tax fund include appropriations for driver's 11 2 license production, administrative services, planning, motor 11 3 vehicles, strategic performance, highways, utility services 11 4 provided by the department of administrative services, 11 5 unemployment and workers' compensation, indirect cost 11 6 recoveries, audits, county issuance of driver's licenses 11 7 and vehicle registration and titling, participation in the 11 8 Mississippi river parkway commission, the traffic and criminal 11 9 software program and the mobile architecture and communications 11 10 handling program, motor vehicle division field facility 11 11 maintenance projects, and the statewide interoperability 11 12 network. 11 13 Appropriations from the primary road fund include 11 14 appropriations for administrative services, planning, highways, 11 15 motor vehicles, strategic performance, utility services 11 16 provided by the department of administrative services, 11 17 unemployment and workers' compensation, hazardous waste 11 18 disposal, indirect cost recoveries, audits, production of 11 19 transportation maps, inventory and equipment replacement, the 11 20 statewide interoperability network, utility improvements, 11 21 roofing projects, heating, cooling, and exhaust system 11 22 improvements, deferred maintenance projects at field 11 23 facilities, maintenance projects at rest area facilities, 11 24 improvements related to compliance with the federal Americans 11 25 with Disabilities Act, and renovations to the Waterloo 11 26 maintenance garage. 11 27 DIVISION II ==== SPECIAL MINOR'S LICENSES. Under current 11 28 law, upon certification of a special need by the school board, 11 29 superintendent, or principal authorized by the superintendent, 11 30 the DOT may issue a class C or M driver's license to a person 11 31 between the ages of 14 and 18 years old. The bill allows 11 32 the authorities in charge of a person's accredited nonpublic 11 33 school, or a duly authorized representative of the authorities, 11 34 to provide the certification of special need. 11 35 The bill authorizes a person who holds such a license and 12 1 attends an accredited nonpublic school to operate a motor 12 2 vehicle during the hours of 5:00 a.m. to 10:00 p.m. over 12 3 the most direct and accessible route between the licensee's 12 4 residence and schools of enrollment or the closest school bus 12 5 stop or public transportation service, and between schools 12 6 of enrollment, for the purpose of attending duly scheduled 12 7 courses of instruction and extracurricular activities, provided 12 8 the driving distance between the point of origin and the 12 9 destination is no more than 25 miles. In addition, the bill 12 10 authorizes a person who holds such a license and attends 12 11 an accredited nonpublic school to operate a motor vehicle 12 12 during the hours of 5:00 a.m. to 10:00 p.m. over the most 12 13 direct and accessible route between the licensee's residence 12 14 or school of enrollment and a site, facility, or school that 12 15 is not the licensee's school of enrollment, for the purpose 12 16 of participating in extracurricular activities conducted at 12 17 a site, facility, or school designated by the licensee's 12 18 school of enrollment for the accommodation of the school's 12 19 extracurricular activities, provided the driving distance 12 20 between the point of origin and the destination is no more than 12 21 25 miles. By operation of law, a violation of these provisions 12 22 is punishable by a scheduled fine of $50. 12 23 Under current law, a school board is required to develop and 12 24 adopt a policy establishing the criteria to be used by a school 12 25 district administrator to approve or deny certification that 12 26 a need exists for a license. The student may appeal to the 12 27 school board the decision of a school district administrator to 12 28 deny certification. The decision of the school board is final. 12 29 The bill requires the authorities in charge of an accredited 12 30 nonpublic school to develop and adopt a policy establishing 12 31 the criteria to be used by the authorities to approve or deny 12 32 certification that a need exists for a license. The bill 12 33 allows a student enrolled in an accredited nonpublic school to 12 34 appeal the school's decision to deny certification as permitted 12 35 by the authorities in charge of the accredited nonpublic 13 1 school. The bill provides that the decision of the authorities 13 2 in charge of the accredited nonpublic school is final. 13 3 The bill prohibits the DOT from issuing a driver's license 13 4 for purposes of attending an accredited nonpublic school if the 13 5 driving distance between the school and the residence of the 13 6 parent or guardian of the student is more than 25 miles. 13 7 DIVISION III ==== DEPARTMENT OF TRANSPORTATION EMPLOYEES 13 8 DESIGNATED AS PEACE OFFICERS. In 2017, the general assembly 13 9 amended Code section 321.477 to specify the powers, duties, and 13 10 limitations of employees of the department of transportation 13 11 who are designated as peace officers by the department. Under 13 12 the terms of the legislation, the amended language is set to be 13 13 repealed effective July 1, 2018. The bill changes the date of 13 14 the future repeal provision to July 1, 2019. This division of 13 15 the bill takes effect upon enactment. LSB 5034SV (3) 87 ns/tm
