Iowa 2019-2020 Regular Session Status: Enacted

HF 418 — A bill for an act relating to commercial driver’s license requirements, and including applicability provisions. (Formerly HSB 43.) Effective 7-1-19.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

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Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

94 added · 109 removed

94 line(s) added, 109 removed.

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KIM REYN OLD S O F F IC E O F T H E G O V E R N O R A DA M GR EGG G OVER NO R LT GO VER NO R A pril23,2 019 T he H onorab l Pau lPate S ecr try of Stat of Iowa S tte Cap iol D es M oines,Iow a 50319 D ear M r Secretar, I hereby tr nsmit:
House File 418 - Enrolled House File 418 AN ACT RELATING TO COMMERCIAL DRIVER’S LICENSE REQUIREMENTS, AND INCLUDING APPLICABILITY PROVISIONS.
H ouse File41 8,an A ctrelatng to com m ercil drier'slicense rq uiem en t,a nd i cld i g iions.
applicabiit prov T he abov eH ou seF ie i hereby app r ved on thisdate.
S icerely, G ov ernor ofIow a STA TE CAP I OL DE SM O I ES,IOW A 50319 515.281.211 FAX 515.725.527 W WW .GO VER NO R.I W A.GO V House Fi l e 418 AN ACT RELATING TO COMMERCIAL DRIVER'S LICENSE REQUIREMENTS, AND INCLUDING APPLICABILITY PROVISIONS.
S e c tio n 1 .
Section 1.
S e c tio n 321.187, su b se c tio n 2, paragraph c , Code 2019, i s amended to read as fo llo w s:
Section 321.187, subsection 2, paragraph c, Code 2019, is amended to read as follows:
Any th ir d - p a r ty s k i l l s t e s t exam iner used by th e th ir d - p a r ty t e s t e r s h a ll meet th e requirem ents o f 49 C .F.R .
Any third-party skills test examiner used by the third-party tester shall meet the requirements of 49 C.F.R.
§383.75 and 49 C .F.R .
§383.75 and 49 C.F.R.
§384.228, as adopted by ru le by th e departm ent.
§384.228, as adopted by rule by the department.
The departm ent s h a ll adopt ru le s re q u irin g th a t a th ir d - p a r ty t e s t e r , o th e r th an a community c o lle g e e s ta b lis h e d under c h a p te r 260C, s h a ll be an Iow a-based motor c a r r i e r , or i t s s u b s id ia ry , th a t has i t s p r in c ip a l o f f ic e w ith in t h i s s t a t e and o p e ra te s a perm anent com m ercial d riv e r tr a in in g f a c i l i t y in t h i s s t a t e , or an Iowa n o n p ro fit c o rp o ra tio n th a t se rv e s as a tra d e a s s o c ia tio n fo r Iow a-based motor c a r r i e r s The ru le s may a ls o p ro v id e th a t a th ir d - p a r ty t e s t e r conduct a number o f s k i l l s t e s t exam inations above th e number re q u ire d under 49 C .F.R .
The department shall adopt rules requiring that a third-party tester, other than a community college established under chapter 260C, shall be an Iowa-based motor carrier, or its subsidiary, that has its principal office within this state and operates a permanent commercial driver training facility in this state, or an Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers.
§383.75 in o rd er to rem ain q u a lif ie d as a th ir d - p a r ty t e s t e r under t h i s s e c tio n .
The rules may also provide that a third-party tester conduct a number of skills test examinations above the number required under 49 C.F.R.
§383.75 in order to remain qualified as a third-party tester under this section.
S ectio n 321.188, su b se c tio n 1 , Code 2019, i s amended by adding th e fo llo w in g new p arag rap h :
Section 321.188, subsection 1, Code 2019, is amended by adding the following new paragraph:
NEW PARAGRAPH.
NEW PARAGRAPH .
Oc.
0c.
S u c c e ssfu lly com plete any e n tr y - le v e l d riv e r tr a in in g i f re q u ire d under 49 C .F.R .
Successfully complete any entry-level driver training if required under 49 C.F.R.
p t .380, su b p t.
pt.
F, o r 49 C .F.R .
380, subpt.
p t .
F, or 49 C.F.R.
383, su b p t.
pt.
E, p r io r to ta k in g a knowledge t e s t or d riv in g s k i l l s t e th e passage o f which i s re q u ire d e F ile 4 18, p .
383, subpt.
2 H ou s un de r pa rag raph -c -.
E, prior to taking a knowledge test or driving skills test, the passage of which is required House File 418, p.
S ec.
2 under paragraph “c”.
Sec.
Se ctio n 3 21 .188 , s ub sec ti n 4, Co de 2 01 9, is am en ded to rea d as follow s:
Section 321.188, subsection 4, Code 2019, is amended to read as follows:
T he d ep artm en t sh a ll ch eck the a pp lica n t' d rivin g re cord a s m a intain ed by the a pp lica n t' cu rre nt licen sin g s tate , th e na tion al com m e rcial d riv er's lice ns e info rm atio n sy stem , the n ation al dru g a nd alco ho l c learin gh ou se if req uire d un der 49 C .
The department shall check the applicant’s driving record as maintained by the applicant’s current licensing state, the national commercial driver’s license information system, the national drug and alcohol clearinghouse if required under 49 C.F.R.
.R .
§383.73, and the national driver register to determine whether the applicant qualifies to be issued for the issuance, renewal, or upgrade of a commercial driver’s license, as applicable .
§ 38 3.73 , an d th e na tion al driv er re gis ter to de term in e w h ether the a pp lican t q u alifie s te be i sue d for th e is sua nc e, rene w al, o r u pg rade of a com m e rcial d riv er's lic en se, as ap p lc ab le.
The department shall notify the national commercial driver’s license information system of the issuance, renewal, or upgrade of a commercial driver’s license and shall post the driver’s self-certification of type of driving as required by rule.
T he d ep artm en t sh all no tify th e n atio na l co m m ercial driv e r's lic en se in form a tion sys t m o f th e iss ua nce , re ne w al, o r u pgra de of a c om m erc i l d rive r's lice ns e an d s ha ll p os t the d riv er ' se lf-c e rtific atio n o f ty pe of l a lso po st d rivin g as req uire d b y rule .
The department shall also post information from the medical examiner’s certificate required under subsection 1, paragraph “c”, to the national commercial driver’s license information system, if required by rule.
The de partm e nt s h al in form a tion from the m ed ical e xa m ine r' c ertif ica te req uire d un der su bs ectio n 1, p ara grap h -c -, to th e n atio n al c om m erc i l d riv er's lice n se info rm atio n s ystem , if re qu ired by ru le.
Sec.
S ec.
S ectio n 3 21 .449 , s ub sec ti n 1, Co de 2 01 9, is am en ded ding th e follow in g new p arag rap h:
Section 321.449, subsection 1, Code 2019, is amended by adding the following new paragraph:
by ad NEW PA RA GRA PH .
NEW PARAGRAPH .
T he d ep artm en t m ay a dop t ru les p ursu an t to ch ap ter 17A au tho rizin g a p erso n who is at lea st eig htee n y ears o f ag e o r o ve r, b ut u nd er tw e nty-o ne ye ars of age , to b e lice ns ed to op er ate a co m m ercia l m otor ve hic l in in te rsta te co mm erce if the p erso n hold s a v alid co m m ercial d riv e r's lic en se and is au tho rize d u nd er f ed era l law to o pe rate a co m m ercia l m otor ve hicle in in te rsta te com m erce .
The department may adopt rules pursuant to chapter 17A authorizing a person who is at least eighteen years of age or over, but under twenty-one years of age, to be licensed to operate a commercial motor vehicle in interstate commerce if the person holds a valid commercial driver’s license and is authorized under federal law to operate a commercial motor vehicle in interstate commerce.
S ec.
Sec.
COM M ERC I L D R I E R'S L I EN SE DR IVING S KIL LS TEST STU DY .
COMMERCIAL DRIVER’S LICENSE DRIVING SKILLS TEST —— STUDY.
The de partm e nt o f tr an sp orta tion s ha ll co nd uct a stud y on acc ess in th is s tate to th e driv ing s kil ls t est re qu ired fo r is sua nce o f a com m ercial d riv e r' lic en se .
The department of transportation shall conduct a study on access in this state to the driving skills test required for issuance of a commercial driver’s license.
T he d epa rt ent sh all ev alu ate and may reco mm en d a dd ition a l tes ting is s tate to th e d riv ing s kill s o ptio ns to inc rea se acc ess in th te st req uire d for issu an ce of a c om m e r ial d riv er's lice ns e.
The department shall evaluate and may recommend additional testing options to increase access in this state to the driving skills test required for issuance of a commercial driver’s license.
T he d ep artm en t sh a ll su bm it a re po rt, in p ap er o r e lec tron ic fo rm at, co ntain ing th e dep artm en t' find in gs, ev alu atio n, an d a ny reco m m end ations to the g en eral assem bly on o r b efo re D ecem b er 3 1, 2 01 9.
The department shall submit a report, in paper or electronic format, containing the department’s findings, evaluation, and any recommendations to the general assembly on or before December 31, 2019.
S ec.
Sec.
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A PPL I A BILIT Y.
APPLICABILITY.
T he fo llow in g ap plies to ap p lican ts House F ile 418 , p .
The following applies to applicants House File 418, p.
3 for which the i ssuance or upgrade of a commercial d riv e r's license sought by the applicant is or w ill be issued by the department of transportation on or a fte r February 7, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance or upgrade of the license:
3 for which the issuance or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the department of transportation on or after February 7, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance or upgrade of the license:
The section of th is Act enacting section 321.188, subsection 1, paragraph "oc".
The section of this Act enacting section 321.188, subsection 1, paragraph “0c”.
The following applies to applicants for which the issuance, renewal, or upgrade of a commercial d riv e r's license sought by the applicant is or w ill be issued by the department of transportation on or a fte r January 6, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance, renewal, or upgrade of the license:
The following applies to applicants for which the issuance, renewal, or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the department of transportation on or after January 6, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance, renewal, or upgrade of the license:
The sectio of th is Act amending section 321.188, subsection 4.
The section of this Act amending section 321.188, subsection 4.
CHARLES SCHNEIDER President of the Senate I hereby c e rtify th at th is b i l l originated in the House and is known as House F ile 418, Eighty-eighth General Assembly.
______________________________ ______________________________ LINDA UPMEYER CHARLES SCHNEIDER Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 418, Eighty-eighth General Assembly.
CARMINE BOAL House Approved ~ '2:3'{'/J-2019
______________________________ CARMINE BOAL Chief Clerk of the House Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor
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Amendments

1 amendment

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, yeas 50, nays 0.

  6. Substituted for SF 226.

  7. Placed on calendar under unfinished business.

  8. Read first time and attached to similar SF 226.

  9. Message from House.

  10. Immediate message.

  11. Passed House, yeas 99, nays none.

  12. Amendment H-1103 adopted.

  13. Amendment H-1103 filed.

  14. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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This bill has been enacted into law. Introduced February 18, 2019. Enacted.
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