Iowa 2023-2024 Regular Session

Iowa House Bill HSB27 Latest Draft

Bill / Introduced Version Filed 01/12/2023

                            House Study Bill 27 - Introduced   SENATE/HOUSE FILE _____   BY (PROPOSED DEPARTMENT OF   TRANSPORTATION BILL)   A BILL FOR   An Act relating to restricted commercial drivers licenses for 1   certain persons employed in designated farm-related service 2   industries. 3   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4   TLSB 1215XD (4) 90   th/ns  

  S.F. _____ H.F. _____   Section 1. Section 321.176A, subsection 6, Code 2023, is 1   amended by striking the subsection. 2   Sec. 2. Section 321.176B, Code 2023, is amended by striking 3   the section and inserting in lieu thereof the following: 4   321.176B Restricted commercial drivers license. 5   1. The department shall, upon application and payment of the 6   required fee, issue a restricted commercial drivers license to 7   a person who is employed in a designated farm-related service 8   industry if the person qualifies for a restricted commercial 9   drivers license under 49 C.F.R. 383.3(f). 10   2. A person issued a restricted commercial drivers license 11   under this section may operate a commercial motor vehicle to 12   the fullest extent authorized under 49 C.F.R. 383.3(f). 13   3. The department shall adopt rules pursuant to chapter 17A 14   to implement this section. 15   EXPLANATION 16   The inclusion of this explanation does not constitute agreement with 17   the explanations substance by the members of the general assembly. 18   Under current law, Code section 321.176B requires the 19   department of transportation (DOT) to adopt rules which allow 20   exemptions from commercial drivers license (CDL) requirements 21   for suppliers of agricultural inputs or their employees while 22   delivering such products to their customers, if allowed under 23   federal law. Those rules currently exist under 761 IAC 607.49. 24   Such persons are exempt from CDL requirements under Code 25   section 321.176A(6). 26   This bill strikes those provisions and instead requires the 27   DOT to issue a restricted CDL to qualified persons who are 28   employed in a designated farm-related service industry, as 29   authorized under federal law. Under the bill, a restricted CDL   30   authorizes a person to operate a commercial motor vehicle to 31   the fullest extent authorized under 49 C.F.R. 383.3(f). 32   That federal rule authorizes states to waive the required 33   knowledge and skills tests prior to issuing a CDL to certain 34   drivers in farm-related service industries. A state is   35   -1-   LSB 1215XD (4) 90   th/ns 1/ 2  

  S.F. _____ H.F. _____   authorized to issue a restricted CDL to an employee of any 1   agri-chemical businesses, custom harvesters, farm retail 2   outlets and suppliers, and livestock feeders. The federal 3   rule requires, among other things, applicants for a restricted 4   CDL to have a good driving record and to have held a motor 5   vehicle operators license for at least one year. A restricted 6   CDL cannot be valid for more than 210 days in a calendar 7   year and must be limited to the seasonal period or periods 8   as defined by the state. A restricted CDL cannot be issued 9   with any endorsements, though certain limited endorsements may 10   apply. Restricted CDL holders are prohibited from operating 11   a commercial motor vehicle beyond 150 miles from the place of 12   business or the farm being served. 13   The current fee for a CDL is $8 per year of license validity. 14   -2-   LSB 1215XD (4) 90   th/ns 2/ 2