FLOOR ACTION:

SF 2216 was originally approved unanimously by the Senate on February 29. The House amended the bill on March 27. This Department of Transportation (DOT) bill addresses the registration of commercial motor vehicles that operate in interstate trucking and are subject to the International Registration Plan (IRP). IRP is an agreement providing registration reciprocity among all 48 contiguous states of the United States, the District of Columbia, and various Canadian provinces. The IRP agreement provides for the payment of registration fees on the basis of fleet distance operated in the various jurisdictions. Even though fees are paid to multiple jurisdictions through the “base jurisdiction,” only one license plate and registration cab card (known as “credentials”) is required for each vehicle. IRP is intended to facilitate free and efficient movement of commerce among states.

The bill makes these changes to simplify the registration and titling process and allow the DOT to balance its workload, as well as improve the process for customers and law enforcement:

** Updates Iowa Code chapter 326 (Registration Reciprocity) in conformance with the IRP, which is the governing document for registration reciprocity.

** Implements a “staggered registration” system for IRP vehicles so that the registrations and renewals are spread evenly throughout the year. Currently these registrations are all based on a calendar year and expire each December 31.

** Provides for “county truck” registration to be staggered, based on the owner’s birth month, as are passenger vehicle registrations. As with IRP vehicles, trucks registered at the county level for use in-state are also currently based on a calendar year basis. “County trucks” are registered in accordance with chapter 321.

** Eliminates the half-year payment option for truck registration and makes conforming changes.

** Provides that trailers registered under the IRP will continue to have an annual and five-year payment option and eliminates the three-year trailer registration option. Permanent plates are available in both the annual or five-year options.

** Eliminates the grace period for IRP truck registration renewal. Notices will be sent to a customer 60 days prior to the renewal month and a customer will have until the last day of the renewal month to renew a vehicle registration.

** Makes various process changes to the cab card and decals used for credentials for IRP registered trucks. [4/3: 48-0 (Bertrand, Horn excused]

HF 2428 – Creates a new permit for commercial trucks of certain length

FLOOR ACTION:

SF 2249 previously passed the Senate unanimously but was amended in the House. The bill allows used motorcycles to be offered for sale at motorcycle rallies, provided the sponsor of the rally holds no more than one rally per year in Iowa, the rally is conducted for three to seven days, and attendance at the rally is restricted to those paying a nonrefundable admission fee.

A motor vehicle dealer from another state may also offer used motorcycles for sale at motorcycle rallies in Iowa if the dealer presents to the Department of Transportation a current license valid for the sale of used motorcycles at retail in the person’s state of residence and provided that the dealer’s home state extends similar privileges to a dealer licensed in this state. A dealer from another state must furnish a surety bond that meets current requirements for motor vehicle dealer licensing.

A temporary permit may be issued allowing a motor vehicle dealer to participate in an event that is in the dealer’s community. “Community” refers to the business area that the dealer is responsible for. A motor vehicle dealer may not be issued more than one such permit in a calendar year. All sales must be consummated at the motor vehicle dealer’s principal place of business.

The bill also amends the definition of “travel trailer” to exclude vehicles designed to be towed exclusively by a motorcycle. [3/26: 50-0]

HF 2428 creates a new permit for certain commercial trucks. The Department of Transportation is authorized to adopt rules providing for economic export corridors for the transportation of goods or products manufactured in Iowa to or through the state of South Dakota and for the return of unladen semitrailers or unladen full trailers used for the transportation of those goods or products. The rules may authorize the operation of combinations of vehicles on an economic export corridor. [3/26: 50-0]

FLOOR ACTION:

HF 2228 passed the House, where it was a Public Safety Committee bill. This bill clarifies the Iowa Code in three ways:

1. Currently, the Iowa Code requires that a person operating a motor vehicle “have the vehicle under control at all times” In the same sentence, the Code requires the operator to “reduce the speed to a reasonable and proper rate” and to list the situations in which the requirement applies. This bill clarifies the Code by separately stating the requirement to have the vehicle under control at all times and the requirement to reduce speed to a reasonable and proper rate under specified circumstances.

2. The current requirement to reduce speed to a reasonable and proper rate when approaching and traversing a bridge is struck from Code section 321.288 because the topic is addressed with more specificity in Code section 321.295.

3. The requirement to reduce speed to a reasonable and proper rate when approaching and passing through a road work zone is revised to conform to the definition of “road work zone” contained in chapter 321. A violation remains a simple misdemeanor, punishable by a scheduled fine of $100.

The Senate amended the bill to update Iowa’s Move Over/Slow Down law. A violation is still a simple misdemeanor punishable by a scheduled fine of $100, but the bill establishes a new penalty for violations causing damage to property and strengthens the penalties for violations causing injury or death of another person. If the violation causes damage to the property of another person, the Department of Transportation (DOT) will suspend the person’s driver’s license or operating privileges for 90 days. If the violation causes bodily injury to another person, DOT will suspend the person’s driver’s license or operating privileges for 180 days, and a court could impose an additional fine of $500. If the violation causes death, the DOT will suspend the person’s driver’s license or operating privileges for one year, and a court could impose an additional fine of $1,000. The suspensions and fines are in addition to any other penalties applicable under law. The amendment also requires the DOT and Department of Public Safety to establish educational programs to promote public awareness of these new requirements. [3/21: 50-0]

HF 2428 – Creates a new permit for commercial trucks of certain length

COMMITTEE ACTION:

HF 2228 passed the House, where it was a Public Safety Committee bill. This bill clarifies the Iowa Code in three ways:

1. Currently, the Iowa Code requires that a person operating a motor vehicle “have the vehicle under control at all times”, and in the same sentence, goes on to require the operator to “reduce the speed to a reasonable and proper rate” and to list the situations in which the requirement applies. This bill clarifies the Code by separately stating the requirement to have the vehicle under control at all times and the requirement to reduce speed to a reasonable and proper rate under specified circumstances.

2. The current requirement to reduce speed to a reasonable and proper rate when approaching and traversing a bridge is stricken from Code section 321.288 because the topic is addressed with more specificity in Code section 321.295.

3. The requirement to reduce speed to a reasonable and proper rate when approaching and passing through a road work zone is revised to conform to the definition of “road work zone” contained in chapter 321. A violation remains a simple misdemeanor, punishable by a scheduled fine of $100. [3/14: short form (Houser, Zaun excused)]

HF 2428 creates a new permit for commercial trucks of certain length. The Department of Transportation is authorized to adopt rules providing for economic export corridors for the transportation of goods or products manufactured in Iowa to or through the state of South Dakota and for the return of unladen semitrailers or unladen full trailers used for the transportation of those goods or products. The rules may authorize the operation of combinations of vehicles on an economic export corridor: (3/13: short form (McCoy

SF 2288 – Railroad track maintenance vehicles

FLOOR ACTION:

SF 2257 updates Iowa’s Move Over/Slow Down Law. Under current law, when the driver is approaching a stationary authorized emergency vehicle displaying flashing yellow, amber, white, red, or red and blue lights, or a stationary towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, or highway maintenance vehicle displaying flashing yellow, amber, or red lights, the driver must move into a lane not adjacent to the stationary vehicle if possible. If changing lanes is impossible, unlawful or unsafe, the driver must reduce speed to a reasonable and proper speed for existing conditions. The reduced speed should be less than the posted speed limit, and the driver should be prepared to stop. This new legislation specifies that if making a lane change is impossible, prohibited by law or unsafe, the driver must reduce speed to at least 10 miles per hour below the posted speed limit and to a reasonable and proper speed for the existing conditions, and the driver should be prepared to stop.

Under current law, a violation of the requirements to move over or slow down is a simple misdemeanor punishable by a scheduled fine of $100. However, if the violation causes serious personal injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.

Under the new legislation, a violation is still a simple misdemeanor punishable by a scheduled fine of $100, but the bill establishes a new penalty for violations causing damage to property and strengthens the penalties for violations causing injury or death of another person. If the violation causes damage to the property of another person, the Department of Transportation (DOT) will suspend the person’s driver’s license or operating privileges for 90 days. If the violation causes bodily injury to another person, DOT will suspend the person’s driver’s license or operating privileges for 180 days, and a court could impose an additional fine of $500. If the violation causes death, the DOT will suspend the person’s driver’s license or operating privileges for one year, and a court could impose an additional fine of $1,000. The suspensions and fines are in addition to any other penalties applicable under law.

The bill also requires the DOT and Department of Public Safety to establish educational programs to promote public awareness and compliance with these new requirements. [3/6: 49-0 (Bacon excused)]

SF 2288 provides that in any situation where a driver is required to stop or proceed with caution when given warning of an approaching railroad train or is required to stop or be alert for an approaching railroad train, the requirement also applies in the case of approaching railroad track equipment. Pursuant to current law, a person convicted of a railroad crossing violation commits a simple misdemeanor punishable by a scheduled fine of $200. [3/5: 49-0 (Behn excused)]

SF 2153 – Extending the Commercial Industrial Network

SF 2216 – Motor carrier and motor truck registration

SF 2249 – Used motorcycles offered for sale at rallies

SF 2288 – Railroad track maintenance vehicles

FLOOR ACTION:

SF 2153 would extend the Commercial Industrial Network, the designated road system of primary highways that connect the state’s regional growth areas and carry a significant amount of the state’s commercial traffic; the CIN does not include the interstate system. Under current law, the Iowa Transportation Commission has established a network of commercial and industrial highways within the primary road system, consisting of interconnected routes that provide long distance route continuity. The network is limited to 2,500 miles, including municipal extensions of the designated highways. Establishing a cap was important at the time the network was established to create legislative intent and define what constitutes a high volume of total traffic. The 2,500 mile limit has served the state for approximately 20 years, and in that time, the network has become fairly well established. In order to accommodate some roadways that may still be eligible for the network, this bill raises the limit to 2,600 miles, including municipal extensions. [2/26: 48-2 (Feenstra, Zaun “no”)]

SF 2216 is a Department of Transportation (DOT) bill relating to the registration of motor trucks, truck tractors, trailers and semitrailers. Presently motor trucks and truck tractors registered in Iowa at six tons or greater are registered on a calendar-year basis and have an option to pay an entire annual registration fee at the beginning of the year or pay the fee in two equal halves, one half in December/January and the other half in June/July. This proposal would eliminate the half-year option.

The bill would also allow for staggered registration of commercial motor vehicles registered under the International Registration Plan. The changes include eliminating the half-year registration option (used by less than 30 percent of eligible carriers) and a multi-year trailer registration (used by fewer than 100 carriers per year). The changes will simplify the registration and titling process and allow both the DOT and county treasurers to balance their workload, as well as improve the process for customers and law enforcement. [2/29: 50-0]

SF 2249, as amended, allows used motorcycles to be offered for sale at motorcycle rallies, provided the sponsor of the rally holds no more than one rally per year in this state, the rally is conducted for three to seven days, and attendance at the rally is restricted to those paying a nonrefundable admission fee.

Under the bill, a licensed motor vehicle dealer authorized to sell used motorcycles. A temporary permit may be issued for a period of not more than seven days, and a motor vehicle dealer may not be issued more than one such permit in a calendar year.

A person licensed as a motor vehicle dealer in another state may be issued a temporary permit to display, offer for sale and negotiate sales of used motorcycles at a rally in Iowa if the dealer presents to DOT a current license valid for the sale of used motorcycles at retail in the person’s state of residence, provided that the dealer’s home state extends similar privileges to a dealer licensed in this state. A dealer from another state must furnish a surety bond that meets current requirements for motor vehicle dealer licensing.

All sales must be consummated at the motor vehicle dealer’s principal place of business.

The bill also amends the definition of “travel trailer” to exclude vehicles designed to be towed exclusively by a motorcycle. [2/29: 50-0]

COMMITTEE ACTION:

SF 2003 allows certain on-call health care professionals employed by a licensed hospital to use flashing white lights on a personal motor vehicle when responding to an emergency. Under the bill, the Director of Public Health may authorize the use of flashing white lights on a vehicle owned by a health care professional in a manner similar to the process currently in place for members of an ambulance, rescue or first response service. The health care professional’s application to the Department of Public Health (DPH) must demonstrate a necessity for authorization. The hospital that employs the health care professional must recommend that the authorization be granted and must certify that the health care professional is an employee in good standing and, in the regular course of employment, is required to be on-call for medical emergencies. The bill authorizes the DPH to adopt rules establishing standards for the issuance of certificates of authorization by hospitals and establishing procedures for revocation of certificates of authorization. The bill does not authorize the driver to operate the vehicle in violation of traffic laws. The unauthorized use of flashing white lights would be a simple misdemeanor punishable by a scheduled fine of $30.

This bill arose as a result of a specific incident, which appears to be a fluke incident and does not appear to be a compelling case to change the law. This bill was moved out of subcommittee and committee without recommendation and a fiscal note was requested so that further information can be gathered. [2/23: short form (Zaun “no;” Houser excused)]

SF 2288 provides that in any situation where a driver is required to stop or proceed with caution when given warning of an approaching railroad train or is required to stop or be alert for an approaching railroad train, the requirement also applies in the case of approaching railroad track equipment. Pursuant to current law, a person convicted of a railroad crossing violation commits a simple misdemeanor punishable by a scheduled fine of $200. [2/23: short form (Houser excused)]

SF 2091 – Updating Move Over/Slow Down law

SSB 3165 – Used motorcycles offered for sale at rallies

COMMITTEE ACTION:

SF 2079, as amended in committee, establishes a noise limit for mufflers on motor vehicles of 95 decibels as measured in accordance with Society of Automotive Engineers standard J1169. The Department of Transportation is required to adopt rules prescribing appropriate equipment to be used for roadside testing of muffler noise. This will be the standard statewide and will preempt any county or municipal ordinances. A violation of motor vehicle muffler requirements will continue to be a simple misdemeanor punishable by a scheduled fine of $20. [2/21: short form (Ernst, Kapucian, Zaun “no”)]

SF 2091, as amended in committee, updates Iowa’s Move Over/Slow Down Law. Under current law, when the driver is approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights, or a stationary towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, or highway maintenance vehicle that is displaying flashing yellow, amber, or red lights, the driver is required to move into a lane not adjacent to the stationary vehicle if possible. If changing lanes would be impossible, unlawful or unsafe, the driver must reduce speed to a reasonable and proper speed for the existing road and traffic conditions. The reduced speed should be less than the posted speed limit, and the driver should be prepared to stop. This bill amends the provision relating to reduced speed by specifying that if making a lane change would be impossible, prohibited by law or unsafe, the driver must reduce speed to at least 10 miles per hour below the posted speed limit and to a reasonable and proper speed for the existing road and traffic conditions, and the driver should be prepared to stop.

Under current law, a violation of the requirements to move over or slow down when approaching certain stationary vehicles is a simple misdemeanor punishable by a scheduled fine of $100. However, if the violation causes a serious personal injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.

Under the bill, a violation is still a simple misdemeanor punishable by a scheduled fine of $100, but the bill establishes a new penalty for violations causing damage to property and strengthens the penalties for violations causing injury or death of another person. Under the bill, if the violation causes damage to the property of another person, the Department of Transportation (DOT) will suspend the person’s driver’s license or operating privileges for 90 days. If the violation causes bodily injury to another person, DOT will suspend the person’s driver’s license or operating privileges for 180 days, and a court could impose an additional fine of $500. If the violation causes death, DOT will suspend the person’s driver’s license or operating privileges for one year, and a court could impose an additional fine of $1,000. The suspensions and fines are in addition to any other penalties applicable under law.

The bill also requires DOT and the Department of Public Safety to establish educational programs to promote public awareness and compliance with these new requirements. [2/21: short form]

SSB 3165 allows used motorcycles to be offered for sale at motorcycle rallies, provided the sponsor of the rally holds no more than one rally per year in this state, the rally is conducted for three to seven days, and attendance at the rally is restricted to those paying a nonrefundable admission fee.

Under the bill, a licensed motor vehicle dealer authorized to sell used motorcycles may apply for a temporary permit to display, offer for sale and negotiate sales of used motorcycles at a rally. The fee for the permit is to be established by the Department of Transportation (DOT) by rule. A temporary permit may be issued for a period of not more than seven days, and a motor vehicle dealer may not be issued more than one such permit in a calendar year.

A person licensed as a motor vehicle dealer in another state may be issued a temporary permit to display, offer for sale and negotiate sales of used motorcycles at a rally in Iowa if the dealer presents to DOT a current license valid for the sale of used motorcycles at retail in the person’s state of residence, provided that the dealer’s home state extends similar privileges to a dealer licensed in this state. A dealer from another state must furnish a surety bond that meets current requirements for motor vehicle dealer licensing.

All sales must be consummated at the motor vehicle dealer’s principal place of business.

The bill also amends the definition of “travel trailer” to exclude vehicles designed to be towed exclusively by a motorcycle. [2/21: short form]

SSB 3141 – Funding for Iowa roads and bridges

COMMITTEE ACTION:

SSB 3120 – This is a Department of Transportation (DOT) bill relating to the registration of motor trucks, truck tractors, trailers and semitrailers. Presently motor trucks and truck tractors registered in Iowa at six tons or greater are registered on a calendar-year basis and have an option to pay an entire annual registration fee at the beginning of the year or pay the fee in two equal halves, one half in December/January and the other half in June/July. This proposal would eliminate the half-year option.

The bill would also allow for staggered registration of commercial motor vehicles registered under the International Registration Plan. The changes include eliminating the half-year registration option (used by less than 30 percent of eligible carriers) and a multi-year trailer registration (used by fewer than 100 carriers per year). The changes will simplify the registration and titling process and allow both the DOT and county treasurers to balance their workload, as well as improve the process for customers and law enforcement. [2/15: short form]

SSB 3141 – This bill contains various provisions relating to the funding of Iowa roads. The bill uses the “user fee” concept in an effort to raise funds to meet Iowa’s road funding shortfall. Highlights include:

** Increasing the excise tax on motor fuel and special fuel used in motor vehicles by five cents beginning January 1, 2013, and by an additional five cents beginning January 1, 2014. The additional revenues will go to the TIME-21 fund, subject to the statutory limitation on annual deposits to that fund. After the repeal of the TIME-21 fund on June 30, 2028, the revenues will go to the road use tax fund.

** Requiring the Department of Transportation (DOT) to review every two years the road use tax fund revenues and the sufficiency of those revenues to meet projected construction and maintenance needs of cities, counties and the state, and to submit a report of its findings and recommendations to the Legislature. Under current law, DOT is required to submit a report of its findings and recommendations to the Legislature every five years.

** Requiring DOT to report to the Legislature at least every two years regarding the viability of alternative funding mechanisms for roads. Under current law, the report must be made at least every five years.

** Requiring DOT to evaluate and recommend mechanisms to be used as an alternative to the motor fuel tax for alternatively fueled, hybrid, and high fuel efficiency vehicles including commercial vehicles. The department’s recommendations are to be included in its next periodic report to the Legislature regarding alternative funding sources. That report is due by December 31, 2013.

** Requiring DOT to convene a meeting of representatives of Iowa cities, counties and the department at least annually to review practices relating to the operation, maintenance and improvement of the state’s public road system and identify ways to jointly increase efficiency.

** Requiring DOT to conduct a study to determine whether the various types of vehicles and equipment that use the public roadways are paying equitable fees in support of Iowa roads. The department shall report its findings and any recommendations to the Legislature by June 30, 2012. This provision of the bill is effective upon enactment.

Two amendments were adopted in committee. The first maintains the incentives for using alternative fuels. It also exempts fuel that is made up of at least 10 percent biodiesel from the increase in the fuel tax. By notwithstanding Code section 452A.85, the second amendment eliminates the need for an inventory tax on retailers when each five-cent increase is made in the fuel tax. This will make the process less cumbersome for retailers and the Department of Revenue. [2/15: 11-2 (Hahn and Zaun voting “no)]

SSB 3115 – Extending the Commercial Industrial Network

COMMITTEE ACTION:

SSB 3109, as amended, is the Iowa Department of Transportation (DOT) omnibus bill, which makes changes to:

** Driver Services -

>> Iowa law allows certificates of deposit to be filed and used to show proof of financial responsibility. This proposal would transfer administration of this provision from the treasurer of state’s office to the DOT.

>> Allow the DOT to waive the vision exam for certain persons, in accordance with rules adopted by the department, in order to allow for electronic (online) renewal of driver’s licenses. The department proposes to limit this waiver option to persons who are 18 to 65 years of age and are safe drivers.

>> Provide that a person who operates a commercial motor vehicle (CMV) or operates a noncommercial motor vehicle while holding a commercial driver’s license (CDL) and is convicted of texting shall be disqualified from operating a CMV in certain circumstances. In accordance with federal law, states must be in compliance with this requirement by October 28, 2013. State and federal regulations will disqualify a person from operating a CMV if the person receives convictions for committing within any three-year period two or more of certain types of offenses (including texting) while operating a CMV or while operating a noncommercial motor vehicle and holding a CDL if the convictions result in the revocation, cancellation, or suspension of the person’s CDL or noncommercial driver’s license.

>> Strike a standing Road Use Tax Fund (RUTF) appropriation for personal delivery of service of a driver’s license suspension notice and opportunity for hearing. This standing appropriation is not used and is simply transferred back, in full, to the RUTF.

>> Include reference to the flashing yellow arrow signal and the steady red arrow signal in Iowa Code.  The Manual on Uniform Traffic Control Devices (MUTCD) includes both of these traffic signal indicators and they are used in Iowa but they are not referenced in Iowa Code.

** Vehicle Enforcement -

>> Update the motor vehicle salvage theft exam process by moving responsibility from the Iowa Law Enforcement Academy to the DOT and requiring the use of electronic records and payment. These changes will address known flaws in the current process.

>> Prior to Code changes that transferred the motor vehicle use tax to a fee for new registration, Iowa law addressed the avoidance of paying tax on motor vehicle purchases. This provision did not carry over to the fee for new registration. The DOT has been advised that, under current law, the fee for new registration is only required when a vehicle title is obtained. The proposed amendment would provide a penalty if a person willfully attempts to avoid the fee for new registration.

>> Simplify and improve the process for the public to file a complaint if a conviction for a scheduled violation is based on fraud, and for the DOT to investigate the complaint and provide information to the courts. Legislation adopted during the 2009 session established a simple process for the public to use if a conviction for a scheduled violation was based on fraud. The proposed changes clarify the process and terminology, remove the requirement that copies of a DOT investigative report of a complaint that are forwarded to the court be certified, and make technical corrective amendments.

>> Provide consistent penalties for violations of Iowa recycler licensing law and Iowa dealer licensing laws. Penalties for violations of Iowa dealer licensing law were reduced several years ago and the changes to recycler law mirror those changes.

** Vehicle and Motor Carrier Services -

>> Eliminate the requirement to print the title on a vehicle registration renewal receipt. The title number is no longer needed because of changes in systems and processes.

>> Repeal the reduced vehicle registration fee for electric vehicles and register electric vehicles based on weight and value using the same formula that applies to most passenger vehicles. Currently, the annual motor vehicle registration fee for electric vehicles is $25 and, if the vehicle is more than five model years old, the annual fee is $15.

>> The Legislature, during the 2011 session, struck the requirement that the word “special” be displayed on special truck registration plates. These plates are available to certain farm trucks for a reduced annual registration fee. As allowed by the 2011 legislation, the DOT will place a sticker on special truck plates.

>> Require new applicants for used motor vehicle dealer’s licenses to complete the Code required education class during the 24 month period immediately prior to the application. This would be consistent with but tighten the current education requirement.

** Report Requirements - Eliminate selected annual reports that do not currently provide value to the General Assembly or to the general public. Two reports are: the biodiesel fuel revolving fund expenditures report and the recycled-content products and soybean-based inks report.

** An amendment adopted in committee expands the opportunity for dealers to display vehicles for sale and to negotiate sales of new motor vehicles at fair events, vehicle shows and vehicle exhibitions held anywhere within the motor vehicle dealer’s “community.” The term “community” refers to a motor vehicle “franchisee’s area of responsibility as stipulated in the franchise agreement.” Current law authorizes the issuance of a temporary permit to allow motor vehicle dealers to display, offer for sale and negotiate sales of new motor vehicles at fair events, vehicle shows, and vehicle exhibitions held in the same county as the motor vehicle dealer’s place of business. Under the legislation, the temporary permit could be issued for these events as long as they occur within the dealer’s area of responsibility. [2/8: short form]

SSB 3115 would extend the Commercial Industrial Network, the designated road system of primary highways that connect the state’s regional growth areas and carry a significant amount of the state’s commercial traffic; the CIN does not include the interstate system. Under current law, the Iowa Transportation Commission has established a network of commercial and industrial highways within the primary road system, consisting of interconnected routes that provide long distance route continuity. The network is limited to 2,500 miles, including municipal extensions of the designated highways. Establishing a cap was important at the time the network was established to create legislative intent and define what constitutes a high volume of total traffic. The 2,500 mile limit has served the state for approximately 20 years, and in that time, the network has become fairly well established. In order to accommodate some roadways that may still be eligible for the network, this bill raises the limit to 2,600 miles, including municipal extensions. [2/8: short form]

Click here to download an abridged, one page version of this document (PDF).

Bipartisan Accomplishments

The highlights of the 2011 session of the Iowa Legislature include initiatives to improve our quality of life and create more opportunities for our children and grandchildren. The highlights include:  

 Balancing the budget without raising taxes: The state budget has an ending balance of $264 million and we put $594 million in our savings accounts. This means Iowa has a total of $858 million in its savings accounts.

Maintaining educational opportunity: Educating our students and helping workers gain top-notch skills is one of the best investments we can make in Iowa’s future. That’s why Iowans reacted strongly against the deep cuts to education demanded by Republican legislators. Fortunately, we were able to fight for a compromise that maintains Iowan’s commitment to our children.

• Saving preschool: We rejected Republicans’ efforts to completely eliminate our state’s successful public-private preschool partnership. Closing preschools would only hurt middle-class families already struggling in today’s tough economy. Instead, we reached a bipartisan compromise (SF 533) that reduces the program’s funding but maintains the integrity of the program and keeps preschools open.
• No two-year starvation diet for schools: Funding for education should not be a partisan issue, but for the first time ever House Republicans and the Governor proposed no new money for K-12 schools for two years in a row.  Although Senate Democrats were forced to accept no growth this year, we successfully fought to secure 2 percent growth in funding next year.
• Increasing student achievement: The Iowa Core Curriculum is key to improving student achievement and giving all Iowa children high-quality educational opportunities.  It is strongly supported by Iowa’s local school officials, parents, and teachers. The Governor and House Republicans sought to abandon the Core Curriculum, but Senate Democrats brokered a compromise on HF 645 to keep the program at an adequate funding level to continue this important work.
• Preparing workers for 21^st century jobs: Iowa’s nationally-recognized community colleges helped unemployed and underemployed workers improve their skills and provide a better future for their families.  They also work closely with local businesses to fill shortages of skilled workers and help Iowa’s economy grow.  HF 645 and HF 648, our compromise education and infrastructure bills, include stable funding for community colleges and job training programs.

Economic development: The Legislature adopted several measures to improve economic development in Iowa. Unfortunately, you’ll find the vast majority of our job creation proposals in the “Missed Opportunities” section because the House failed to act on a number of Senate-approved small business job creation proposals.

• Job creation: One of the most important jobs of the Legislature is to invest in long-range economic development to ensure future growth across our state.  With the passage of HF 648, the Legislature maintained its commitment to the Iowa Values Fund, the state’s highly successful job-creation initiative.
• State universities as engines for growth: In HF 648 and SF 517, the Legislature maintained its commitment to economic development efforts spearheaded by the State Universities. The universities work with businesses on technology commercialization, marketing, entrepreneurship, and business growth.
• Public-private economic development partnership: HF 590 encourages the creation and retention of high-quality jobs through reforms to state economic development efforts. The new Iowa Partnership for Economic Progress will replace the Iowa Department of Economic Development with a public-private partnership. Senate Democrats fought to include transparency measures to ensure accountability to the taxpayers.
• Helping innovative businesses grow: SF 517 creates a new tax credit for investments in early-stage, innovative businesses. This new tax credit program will help startup businesses grow and move Iowa’s economy forward.
• Clean energy incentives: SF 531 extends the current biodiesel tax credit for an additional six years, increases the ethanol promotion tax credit and the E85 promotion tax credit, creates a new E15 tax credit, and provides $3 million for the development of clean energy infrastructure.
• Saving Workforce Development offices: We shouldn’t create more barriers between Iowa workers looking for jobs and businesses looking to hire, but Governor Branstad proposed closing 37 Workforce Development offices across the state, mostly in rural areas. Senate Democrats worked with the House Republicans to pass SF 517, bipartisan legislation prohibiting the Governor from closing these offices that help out-of-work Iowans get back on their feet.
  
• Returning surpluses to the taxpayers: SF 209 prevents state government from spending more than it takes in by establishing a Taxpayers Trust Fund to capture surplus revenues and return them to the taxpayers through tax credits.
• Bringing businesses to Iowa: SF 260 removes penalties on certain businesses seeking to incorporate in Iowa.
• Restoring Main Streets: SF 521 increases the availability of Historic Preservation Tax Credits so that communities have more flexibility to pursue restoration projects.
• Expanding markets for family farmers: SF 509 establishes a local foods program that will connect local farmers with nearby people and institutions like schools who want to buy their products. The program will expand the market for smaller farmers selling Iowa grown produce and meat.
• Revitalization of blight: SF 514 provides $5 million in tax credits to help communities clean-up and revitalize their business districts and industrial parks.
• Encouraging privately-funded community improvements: SF 302 provides an additional $800,000 for Endow Iowa tax credits, which allow a private citizen or business to make a tax-deductible donation to a community foundation. These donations fund projects, including building improvements, playground equipment, public safety improvements, nature centers, and trail development.

Increasing transparency and accountability: The Legislature approved several pieces of legislation designed to hold our elected officials accountable and to make sure taxpayer dollars aren’t wasted, including:

• Online lobbyist disclosures: HF 126 creates an online, searchable database of lobbyists’ positions on bills and their client reports.
• Online budgeting: HF 45 establishes a single, searchable online database that will make it easier for Iowans to see how their tax dollars are spent. The Web site will also allow Iowans to review all Iowa tax rates and learn about state tax credits and who receives those credits.
• Strengthening sunshine laws: SF 289 increases the penalty for an open meetings/open records violation to a maximum of $2,500, a five-fold increase. The bill ensures that public officials will think twice before knowingly hiding information from taxpayers.
• Strengthening checks and balances: HF 148 limits the ability of a governor to transfer funds when the Legislature is not in session. Currently, Iowa governors have some of the most liberal transfer authority in the nation, potentially undermining the Legislature’s constitutional duty to write the state budget. This reform legislation passed unanimously and is supported by Governor Branstad.
• Requiring felons to repay undeserved income: HF 493 requires public employees put on administrative leave because they were charged with a felony to pay back wages if they are convicted.
• Legislative redistricting: On April 19, Governor Branstad signed into law HF 682, the statewide redistricting plan proposed by the non-partisan Legislative Services Agency and approved by the Legislature. The new maps are designed to give every Iowan equal political representation without regard to political parties or where elected officials live. Iowa is a model state for redistricting and other states are now considering adopting our process.

Health Care: The Legislature moved ahead this year with several initiatives to improve the quality of health care in Iowa:

• Mental health redesign: SF 525 establishes an interim legislative committee to provide recommendations for mental health and disability services.  The goal is to reorganize Iowa’s system mental health and disability services to provide higher-quality, more accessible care to Iowans more efficiently.
• Improving treatment for Alzheimer’s and epilepsy: With the passage of HF 390 and HF 322, the Legislature created task forces to study the best ways to treat Iowans suffering from Alzheimer’s and epilepsy.
• Protecting seniors from abuse: Senate Democrats amended House File 646 to ensure quality oversight of nursing care facilities by re-establishing 10 long-term care inspectors, three inspectors for Residential Care Facilities, and one staff attorney position to the Iowa Department of Inspections and Appeals.
• Preventing brain injuries: Under SF 367, student athletes suspected of sustaining a concussion in a game will be removed from competition until they’ve been examined by a licensed healthcare provider. The National Football League and the Brain Injury Association of Iowa pushed for this new legislation to prevent and properly respond to sports-related concussions and other brain injuries in Iowa’s youth sports programs.

Safer communities: The Legislature approved these measures designed to make Iowa communities safer:

• Preventing alcohol-related deaths: The Legislature passed HF 617, which bans the sale of high-alcohol beer containing added caffeine or other stimulants, also known as “blackout in a can”. These cheap drinks come in fruit flavors and are popular among college students and teenagers, resulting in thousands of hospitalizations, permanent damage to livers and hearts, and deaths.
  The Legislature also approved SF 7, a bill to improve the safety of Iowa’s waterways by lowering the blood alcohol content limit for boating from .10 to .08. Since 2007, 236 people suspected of boating while intoxicated turned out to have a blood alcohol content between .08 and .099. These people would not be able to drive on our roads, but they were still allowed to boat on our waterways.
• Banning designer drugs: With the passage of SF 510, the Legislature made it illegal to possess, manufacture, or distribute three types of hallucinogenic drugs that have resulted in serious complications requiring visits to emergency rooms for many users.  Law enforcement personnel came to the Legislature with the request to criminalize the recreational drugs known as K2 (synthetic marijuana), salvia divinorum, and bath salts.  The Legislature agreed that these drugs are dangerous and need to be outlawed in Iowa.
• Safer prisons: SF 124 makes it a criminal offense to knowingly supply cell phones and other electronic contraband to a prison inmate. Prisoners have been using contraband cell phones to reach outside the prison walls to call and threaten witnesses or conduct drug deals.
• Keeping guns away from the mentally ill: The Legislature passed SF 456 to ensure persons with serious mental health issues will be prohibited from purchasing and carrying guns.
• Fallen officer license plates: HF 651 establishes new Iowa license plates honoring fallen peace officers. Proceeds benefit organizations like COPS that help victims’ families rebuild after tragedy strikes.

Honoring veterans: With 3,500 Iowa military men and women currently serving in Iowa’s largest single overseas deployment of Iowa National Guard troops since World War II, we’re determined to show not just our gratitude but our dedicated support. The Legislature approved several measures to help veterans and active military receive their benefits:

• No state taxes on military pay: The Legislature approved HF 652, making tax-exempt all income from the federal government for military service while on active duty in the armed forces, military reserve or National Guard. This tax exemption is retroactive to January 1 of this year.
• Preventing “stolen valor”: The Legislature approved SF 397 to protect those who’ve answered the call to military service from theft of the honor they’ve earned. The bill makes it a serious misdemeanor to impersonate a decorated military veteran with the intent to receive monetary gain, such as a job, promotion, or political office.
• Protecting veterans from unnecessary fees: The Legislature unanimously approved legislation to protect veterans from paying unnecessary fees. Under SF 399, any company or individual that charges a fee to help veterans file benefit appeals would be required to clearly disclose that these services are provided for free at local veterans’ affairs offices.
• College tuition for Iowa National Guard members: SF 389 ensures funding for the National Guard Education Assistance program, which helps our soldiers attend Iowa colleges and universities.
• Divestment from Iran: We must stop Iowa tax dollars from being invested in a country that is supporting the enemies of the American military. It’s a national security issue, a veterans’ issue, an American issue, and an Iowa issue. That’s why the Legislature approved HF 484, a bill to divest public funds from companies doing business in Iran.
• Purple Heart Day: August 7 will now officially be “Purple Heart Day” here in Iowa. Under HF 474, unanimously approved by the Legislature, state and local governments—and ALL Iowans—are encouraged to observe Purple Heart Day in a way that honors the sacrifice of our military men and women killed or wounded in enemy action.
• Injured Veterans Grant program: SF 402 allows a veteran who previously received an injured veterans grant to be eligible for an additional grant for a subsequent serious injury received in the line of duty. The Legislation was proposed after a soldier who had received a grant was re-deployed and received another serious injury in the line of duty during that deployment.
• Posthumously conceived children: When a service member is deployed to a war zone or when a person becomes seriously ill, injuries or treatments could prevent that person from conceiving a child. That’s why a person’s genetic material is sometimes saved by military families for later use. HF 245 ensures that children who are conceived using the genetic material of a parent who has died will be considered a legitimate child.
• Veterans license plates: HF 651 establishes new Iowa license plates honoring recipients of the Combat Infantryman Badge, Combat Action Badge, Combat Action Ribbon, Air Force Combat Action Medal and Combat Medical Badge. Proceeds benefit the Iowa Commission on Veterans Affairs.

Quality of Life: Recreational opportunities and a high quality of life are a big part of what makes Iowa a great place to live and raise a family, a major factor in attracting businesses to the state. The Legislature took several steps to improve the quality of life in Iowa:

• Great Places: HF 648 reaffirmed our commitment to the “Great Places” initiative by approving $1 million for “Great Places” communities.  The Great Places initiative helps Iowa communities, regions, and neighborhoods cultivate the unique qualities that make them attractive to tourism.
• Mortgage Foreclosure Hotline: SF 510 extends the notice requirements for the Iowa Attorney General’s Mortgage Foreclosure Hotline.  Banks and other entities that are foreclosing on home mortgages will continue to be required to notify homeowners that they can receive mortgage mediation assistance from the Attorney General’s office.  By keeping the hotline up and running, the Attorney General’s office will be able to continue helping thousands of Iowans stay in their homes.
• Preserving and promoting the Iowa State Fair: SF 361 created an endowment trust fund called the Iowa State Fairgrounds Trust Fund. Moneys in the fund are for the maintenance and improvement of the Iowa State Fairgrounds. The fund is composed of gifts and is not part of the state treasury.
• Library reorganization: HF 645 merges the State Library and its six Library Service Areas to streamline services and save money. The Legislature will continue to monitor the reorganization’s impact on rural libraries.

Missed Opportunities for Main Street Job Creation

Senate Democrats approved numerous job creation initiatives targeted to help Main Street small businesses, but Republicans failed to act on these proposals. We vow to keep fighting for job creation in the 2012 session.

• Commercial property tax relief for small businesses: SF 522 would have provided $200 million annually in commercial property tax relief without shifting the burden to homeowners. Four out of five businesses would have done better under the Senate plan because it targeted the greatest benefit to Iowa’s small businesses. (House Republicans failed to take up the bill.)
• Affordable health insurance for small businesses: SF 506 would have benefitted 60,000 Iowa businesses with 10 or fewer employees by providing a tax credit to defray the cost of employee health insurance. (House Republicans failed to take up the bill.)
• Eliminating bureaucratic red tape: SF 471 would have provided a formal review of state red tape affecting small businesses and workers, making sure the benefits of rules and regulations outweigh the costs. (House Republicans failed to take up the bill.)
• Low-interest loans for small business: SF 301, an expansion of the “Save Our Small Business” loan fund, would have provided credit to small businesses struggling to recover from the national recession. (House Republicans failed to take up the bill.)
• Skilled worker training: SF 328 would have helped Iowans earn industry-approved job training certificates to prepare them for 21^st century jobs. (House Republicans failed to take up the bill.)
• Clean energy incentives: SF 516 would have jumpstarted Iowa’s clean energy industry through consumer rebates for home and business small solar or small wind projects. (House Republicans failed to take up the bill.)
• Working families tax cut: SF 533 included a job creation tax cut that would increase the Earned Income Tax Credit, putting more money in the pockets of working Iowa families with incomes less than $45,000. (Governor Branstad vetoed the legislation.)

Other missed opportunities from the 2011 session include:

• Extending unemployment benefits for 7,150 struggling Iowans: Republicans rejected federal dollars that would have helped put food on the table of Iowans struggling to recover from the national economic recession.
• Saving Workforce Development offices: We shouldn’t create more barriers between Iowa workers looking for jobs and businesses looking to hire, but Governor Branstad proposed closing 39 Workforce Development offices across the state, mostly in rural areas. Senate Democrats worked with the House Republicans to pass SF 517, bipartisan legislation prohibiting the Governor from closing these offices that help out-of-work Iowans get back on their feet. Unfortunately, Governor Branstad defied the Legislature’s wishes and vetoed the requirement to keep the offices open. Under Governor Branstad’s administration, workforce offices will close and services for the unemployed will be lost.  (Governor Branstad vetoed the legislation.)
• Making sure Iowa workers get paid: Failing to enforce wage laws and follow minimum standards cheats legal workers, drives down wages and is unfair to Iowa businesses that play by the rules. The Senate passed SF 311 which was aimed at cracking down on unscrupulous employers stealing wages from their workers. In addition, the bill provided for better whistle blower protection. (House Republicans failed to take up the bill).
• Punishing domestic abusers: Republicans turned their backs on victims of domestic violence when they refused to even consider SF 93, a bill enhancing punishment for abusers who choke their victims. Choking is one of the most common forms of domestic abuse and yet abusers often get just a slap on the wrist because of the lack of obvious physical injury. Choking can quickly lead to death and should be punished appropriately. (House Republicans failed to take up the bill.)
• Ending the sale of “get out of jail” passes: House Republicans refused to even consider SF 121, which would have prohibited a criminal defendant from making a donation in lieu of performing their community service. The rich should not be able to buy their way out of punishment for a crime they committed. The bill passed the Senate unanimously. (House Republicans failed to take up the bill.)
• Protecting teen drivers: According to the Insurance Institute for Highway Safety, 16-year-old drivers are 2.5 times more likely to be involved in a crash than drivers ages 20 to 24. That’s why everyone benefits when we do more to ensure teen drivers are prepared to get behind the wheel. SF 184 would have required teen drivers to get experience in all weather conditions before advancing to an intermediate license, and it would have limited the number of passengers during a teen’s first six months with the intermediate license. (House Republicans failed to take up the bill.)
• Consumer protection for mobile home owners: Owners of manufactured homes would have more rights if legislation approved by a Senate committee became law. SF 252 was introduced in response to the deplorable living conditions at a group of Iowa mobile home parks run by an out-of-state company. (Bill failed in the Senate 23-25.)
• Transparency for education funds: HF 645 would increase transparency and accountability at education-related, taxpayer-funded organizations like the Iowa Association of School Boards. Such organizations would be required to comply with open meetings and open records laws and would be subject to regular audits and whistleblower protections. In addition, school districts would need to show taxpayers how much they spend on services through these organizations. (Governor Branstad vetoed the legislation.)
• Community Attraction and Tourism: The Legislature did continue funding to the state’s popular Community Attraction and Tourism Program despite Governor Branstad’ s proposed budget which provide zero funding. Unfortunately, the Governor vetoed a $10 million increase in HF 648. The program will only receive $5 million for the next fiscal year which means fewer economic development projects will be funded. The Community Attraction and Tourism Program promotes local recreational, cultural, educational, or entertainment attractions. This program promotes public-private partnerships, leveraging financial resources and supporting local leadership across Iowa. (Governor Branstad vetoed the legislation.)

The Graveyard of Bad Ideas

Some of the best news of the 2011 session was that several dreadful proposals died because of opposition by Iowans across the state and by Democrats in the Legislature. A short list of those dead bills includes:

• Wisconsin comes to Iowa: Republicans tried to eliminate collective bargaining rights in HF 525, just like Governor Walker did in Wisconsin. A second union busting bill would have allowed schools to unilaterally void teacher contracts without any warning or appeals process.
• Kicking 26,100 kids off health insurance rolls: Republicans wanted to slash eligibility for Hawk-I, the program that provides affordable health care to Iowa kids living in poverty. SF 111 would have prevented 26,100 children from seeing a doctor when they get sick.
• “Give a gun to a schizophrenic” bill: Republicans introduced HSB 219, which would repeal all concealed weapons permits. The bill was so out there that the Republican Speaker Pro Tem of the House dubbed it the “give a gun to a schizophrenic bill.” Another Republican-sponsored gun bill, HSB 36, would have given every Iowan the right to shoot someone they believe to be trespassing at any location, not just their own property.
• Fiscally irresponsible tax cuts for the rich: Republicans introduced HF 194, which would cut personal income taxes for all income levels, including millionaires, by 20%. The tax cut would have cost $205 million in the first year and $738 million in the second year.
• Helping Walmart and raising residential property taxes: Republicans proposed a large corporate tax break that would give millions to large out-of-state corporations, create the largest property tax hike for homeowners in the state’s history, and eliminate job-creation efforts in many Iowa communities.
• Poor budgeting practices: The Republican budget proposals ignored the fact that some state programs receive matching federal dollars, meaning state dollars leverage much larger sums from the federal government. For example, Republicans proposed cutting $130,000 in state funding for the school lunch program, which would have cost Iowa an additional $11.5 million in federal matching dollars. This type of shoddy budgeting would have shifted the burden of paying for services onto the backs of middle-class Iowans.
• Politicizing the courts: Republicans introduced dozens of bills to roll back the clock on marriage equality and politicize the judicial system. They even proposed eliminating straight couples’ domestic partnerships. Republicans also introduced SJR 13 requiring justices to be elected, making them partisan political figures who must raise money and campaign for office.
• Stoking the “birther” sideshow: Republicans borrowed a page from Donald Trump’s playbook and introduced SF 368 to require all presidential and vice presidential candidates to present their birth certificates. The bill was a divisive distraction at a time when the Legislature should be focused on job creation.
• Making it harder to vote: HF 95 would have required voters to show ID at the polls, presenting a significant obstacle for poor and working-class voters. There have been no prosecutions for voter fraud in Iowa and a bipartisan group of county elections officials opposed the bill, suggesting that it was in fact just an attempt to disenfranchise Democratic-leaning voters.
• Eliminating help for special needs students: Republican-sponsored SF 51 would eliminate Area Education Associations (AEAs), which are regional service agencies that provide special education support services to both private and public schools. AEAs also provide media and technology services, instructional services, professional development and leadership to help improve student achievement.
• Not paying the state’s bills: With the Legislature’s approval of SF 209, the State will finally pay more than $3 million in overdue bills to nearly 1,000 attorneys, court reporters, investigators, and others who’ve done constitutionally required work for the State. Republicans had previously refused to pay for services already rendered.
• Eliminating a woman’s right to choose and banning contraceptives: Republicans introduced a dozen bills limiting reproductive freedom, including a ban on contraceptives and a ban on all abortions, even in cases of rape, incest, or severe deformation of the fetus.
• Returning to the gold standard: Republicans introduced SF 347, legislation requiring Iowans to pay their taxes and court fines using silver and gold coins.
• Making kids fatter: With HF 74, Republicans attempted to eliminate the Healthy Kids Act, which establishes Physical Education and nutrition standards for schools.

Note: documents were updated 8/1/11 to reflect the Governor’s vetoes.