<p> HOUSE REPUBLICAN STAFF ANALYSIS</p><p>Bill: House File 793 Committee: Transportation Date: May 9, 2007 Staff: Kelly Ryan (2-5290) ______Omnibus Department of Transportation Bill</p><p>HF 793 is the DOT’s omnibus bill which makes to Transportation sections of the Code.</p><p>The bill is divided into four different divisions which deal with highways, land surveying, motor vehicles, and regional transit districts. Most of the changes are considered non-controversial or agreed upon.</p><p>The bill legalizes and licenses overweight floaters. It also establishes penalties for those who operate the vehicles without meeting the proper requirements or being licensed. ______Summary of Action</p><p>The House PASSED HF 793 on March 20, 2007 by a vote of 94-5.</p><p>The Senate PASSED as amended HF 793 on April 10, 2007 by a vote of 50-0.</p><p>The House PASSED as amended HF 793 on April 12, 2007 by a vote of 81-15.</p><p>The Senate PASSED HF 793 on April 17, 2007 by a vote of 40-7.</p><p>The Governor SIGNED HF 793 on May 9, 2007. ______Section by Section Analysis</p><p>Division I – Highways</p><p>Section 1 Commercial Signs This section states businesses located within the limits of commercial or industrial development may be advertised on a sign located anywhere within the development regardless of land ownership.</p><p>Section 2 Associate Real Estate Appraiser Allows the DOT to employ and use associate real estate appraiser that are registered by the board and acting under direct supervision of a real appraiser.</p><p>Section 3 Void Section 2 Section 2 of the bill is void if SF 137, section 1 is enacted.</p><p>Division II – Land Surveying Standards Section 4-6 Land Surveying Standards These sections make a technical change by requiring distance be shown in U.S. survey foot rather than international foot. </p><p>Division III – Motor Vehicles</p><p>Section 7 Peace Officers Destroying Licenses This section allows a peace officer to destroy a license if suspension or revocation has occurred.</p><p>Section 8 Security Interest Changes This change allows the DOT to authorize the issuance of a certificate of title to a vehicle with an unreleased security interest upon presentation or satisfactory evidence that the security interest has been extinguished or the holder of the security interest cannot be located to release the security interest. Current law requires both.</p><p>Section 9 Legion of Merit License Plate Change This section allows only one set of Legion of Merit license plates to be issued for free. This is consistent with current law regarding other license plates.</p><p>Section 10 Out-of-State Salvage Titles This section allows out-of-state salvage titles to be reassigned by licensed recyclers.</p><p>Section 11 Antique Vehicle Law Technical This section makes a technical change related to antique vehicle laws.</p><p>Section 12 Antique Vehicle Laws Rewrite Rewrites the code section relating to Iowa’s antique vehicle law in order to allow antique vehicles to operate on roadways at any time using mode year plates. It also increases the registration fees paid.</p><p>This section also allows antique vehicles to use authentic Iowa registration plates from the model year of the vehicle beginning July 1, 2008.</p><p>Section 13 Proportional Pay of Registration This section eliminates the ability of motor carrier registered under the proportional registration laws to pay annual registration fees in two separate installments if the registrant has paid the registration fees late for two consecutive years. The use of separate installments is prohibited for five years.</p><p>Section 14 Courts destruction of a License This section allows the courts to destroy a license if suspension or revocation has occurred.</p><p>Section 15 Speed Limit of Chemical Spreader The chemical spreader may only operate 35 mph or less.</p><p>Section 16 Length of Commercial Vehicles This section allows a single truck, empty or with load, shall not have an overall lengthy inclusive of front and real bumpers in excess of 41 feet rather than 40 feet.</p><p>Section 17 Legalization of Overweight Chemical Spreaders This section legalizes the overweight chemical spreaders. Section 18 Overweight Chemical Spreaders Permits This section requires the DOT to issue permits to operate overweight chemical spreaders on nonterstate highways. The permit must list the counties the permit is valid for.</p><p>Section 19 Overweight Chemical Spreaders Requirements This section legalizes the chemical spreaders as long as they have a permit, they may exceed weight restrictions when operated unladen, do not exceed an axle weight of 25,000, they drive only on noniterstate highways, and the permit is located in the vehicle.</p><p>A noninterstate highway shall not include a bridge.</p><p>Section 20 Permit Requirements This section provides information regarding the permit. A permit may be issued for an overweight chemical spreader that does not exceed an axle weight of 25,000 on noninterstate highways (excluding bridges). The permit must list which county the vehicle travels in. The permit shall cost $600 per county it is operated in not to exceed $3500.</p><p>The fees shall go to the secondary road funds of counties where the vehicle is permitted to operate.</p><p>The permit number must be displayed. This section provides information regarding the permit number size and location.</p><p>Only vehicles purchased or ordered prior to February 1, 2007 are eligible for a permit. New permits shall not be issued on or after July 1, 2007 but permits issued before shall be renewed or transferred with payment of fees.</p><p>The penalty for operating without a permit is $10,000.</p><p>Section 21 Ignition Interlock Device Requirements This section allows a person whose driver’s license or nonresident operating privilege has been revoked for driving while revoked for an OWI offense to apply to the DOT for a work permit without the requirement of an ignition interlock device if at last 12 years have elapsed since the end of the original revocation for the underlying OWI offense.</p><p>Section 22 Dealer License Requirements This section amends the motor vehicle deal license application requirement to require the listing of two partnership or two officers and their bona fide address rather than a post office box rather than all partners and all officers.</p><p>This section also defined bona fide address.</p><p>Section 23 Dealer License Partner Requirements This section eliminates the requirement that the license includes the name of the person licensed and the name and address of each partner.</p><p>Section 24 Motor Carrier Fees and Guaranteed Funds This section provides the DOT flexibility in determining when motor carrier proportional registration fees are required to be paid in the form of guaranteed funds.</p><p>Section 25 Failure To Receive and Financial Responsibility This new subsection clarifies that failure to receive a renewal bill or invoice does not relieve the individual of the financial responsibility. Section 26 IRP and IFTA Delinquent Accounts This new section allows the DOT to suspend or deny a carrier’s International Registration Plan (RP) registration or International Fuel Tax Agreement (IFTA) account if the carrier is delinquent in either program.</p><p>Section 27 Unified Carrier Registration System This section allows the DOT to participate in the Unified Carrier Registration System (UCRS) when it is established by the feds. The section also requires annual payment under the state system until the transition is complete.</p><p>Section 28 Technical Change Relating to the UCRS This section is a technical change related to the Unified Carrier Registration System.</p><p>Section 29 Failure to Receive and Financial Responsibility This new subsection clarifies that failure to receive a quarterly report or fuel credentials does not relieve the individual of the financial responsibility.</p><p>Section 30 IRP and IFTA Delinquent Accounts This section allows the DOT to suspend or deny a carrier’s International Registration Plan (RP) registration or International Fuel Tax Agreement (IFTA) account if the carrier is delinquent in either program.</p><p>Section 31 Single State Registration System This section provides a directive to the code editor regarding the single state registration system.</p><p>Section 32 Overweight Chemical Spreader Permits The DOT is required to begin accepting applications for permits on or before June 1, 2007 and shall provide for the issuance of those permits prior to July 1, 2007, to be effective July 1, 2007.</p><p>Section 33 Repeal of Registration Applied for Change This section repeals a change that we made last year which extends the time period that a person can drive on a “registration applied for” card from 45 days to 60 days.</p><p>Section 34 Repeal of Unified Carrier Registration Program The section repeals sections that are no longer needed do to the Unified Carrier Registration program being established.</p><p>Section 35 Effective Dates Establishes the effective dates.</p><p>Division IV – Regional Transit Districts</p><p>Section 36 Regional Transit Districts This section makes it easier to transfer money within a regional transit district. Specifically, it states that before the 15th of each month the county treasurer is to transfer the designated account the previous month’s money into the account designated by the commission. The county treasurer shall send notice to the secretary of the commission or their designee. ______Amendments</p><p>PASSED H-1355 by Huser This amendment strikes language relating to a vehicles size, weight, and load enforcement for a construction vehicle that is entering or exiting a construction area on any port of a highway within 1,000 feet of the entrance to the construction area. ADOPTED on a voice vote.</p><p>H-1356 by Huser Strikes the language related to the Veterans License Plates. ADOPTED on a voice vote</p><p>H-1636 by the Senate The Senate amendment makes red light cameras illegal. It also allows floaters to operate over the weight restrictions when they have fertilizer in them. The House CONCURRED as amendment on a voice vote.</p><p>H-1670 by Huser This amendment amends the Senate amendment by striking duplicative sections of the bill if SF 137 is enacted. SF 137 does the same thing. ADOPTED on a voice vote.</p><p>H-1671 by Huser and others This amendment amends the Senate amendment by strike the language related to red light cameras. ADOPTED on 56-27 non-record roll call vote.</p><p>LOST H-1361 by Alons Exempts vehicles transporting power grid equipment from the vehicles that must be registered for the combined gross weight of the vehicle and load on a single-trip basis. LOST on a voice vote. </p><p>WITHDRAWN H-1354 by Alons Exempts the chemical sprayers from current law as long as they do not exceed 25,000 lbs order or purchased prior to February 1, 2007. It establishes a process to show which vehicles were purchased prior to February 1, 2007.</p><p>The owner of an overweight chemical sprayer ordered or purchased after February 1, 2007 who operates the vehicle on the road is subject to a $10,000 penalty. 50% of that money shall go to the county secondary road fund and 50% shall go to the RUTF. WITHDRAWN. </p><p>H-1380 by Huser Strikes all the language related to the overweight ag chemical sprayers (floaters). WITHDRAWN.</p><p>H-1359 by Huser Amends H-1355 by striking all the language related to the overweight ag chemical sprayers (floaters). WITHDRAWN.</p><p>RULED OUT OF ORDER H-1360 by Alons Amends H-1354 by exempting vehicles transporting power grid equipment from the vehicles that must be registered for the combined gross weight of the vehicle and load on a single-trip basis. RULED OUT OF ORDER.</p>