Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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87 18 (1) a. Purchase and use recycled printing and writing

87 19 paper in accordance with the schedule established in section

87 20 8A.315.

87 21 (2) b. Establish a wastepaper recycling program in

87 22 accordance with recommendations made by the department of

87 23 natural resources and the requirements of section 8A.329.

87 24 (3) c. Require in accordance with section 8A.311 product

87 25 content statements and compliance with requirements regarding

87 26 procurement specifications.

87 27 (4) d. Comply with the requirements for the purchase of

87 28 lubricating oils, industrial oils, greases, and hydraulic

87 29 fluids as established pursuant to section 8A.316.

87 30 (5) e. Give preference to purchasing designated biobased

87 31 products in the same manner as provided in section 8A.317.

87 32 c. 3. The department shall report to the general assembly

87 33 by February 1 of each year, the following:

87 34 (1) a. A listing of plastic products which are regularly

87 35 purchased by the board for which recycled content product


Senate File 449 - Introduced continued
88 1 alternatives are available, including the cost of the plastic

88 2 products purchased and the cost of the recycled content

88 3 product alternatives.

88 4 (2) b. Information relating to soybean=based inks and

88 5 plastic garbage can liners with recycled content regularly

88 6 purchased by the department, including the cost of purchasing

88 7 soybean=based inks and plastic garbage can liners with

88 8 recycled content and the percentages of soybean=based inks and

88 9 plastic garbage can liners with recycled content that have

88 10 been purchased.

88 11 d. 4. A gasoline=powered vehicle purchased by the

88 12 administrator shall not operate on gasoline other than ethanol

88 13 blended gasoline as defined in section 214A.1. A

88 14 diesel=powered motor vehicle purchased by the administrator

88 15 shall not operate on diesel fuel other than biodiesel fuel as

88 16 defined in section 214A.1, if commercially available. A

88 17 state=issued credit card shall not be valid to purchase

88 18 gasoline other than ethanol blended gasoline or to purchase

88 19 diesel fuel other than biodiesel fuel, if commercially

88 20 available. The motor vehicle shall also be affixed with a

88 21 brightly visible sticker which notifies the traveling public

88 22 that the motor vehicle is being operated on ethanol blended

88 23 gasoline or biodiesel fuel, as applicable. However, the

88 24 sticker is not required to be affixed to an unmarked vehicle

88 25 used for purposes of providing law enforcement or security.

88 26 5. a. Of all new passenger vehicles and light pickup

88 27 trucks purchased by the administrator, a minimum of ten

88 28 percent of all such vehicles and trucks purchased shall be

88 29 equipped with engines which utilize alternative methods of

88 30 propulsion, including but not limited to any of the following:

88 31 (1) A flexible fuel which is any of the following:

88 32 (a) E=85 gasoline as provided in section 214A.2.

88 33 (b) B=20 biodiesel blended fuel as provided in section

88 34 214A.2.

88 35 (c) A renewable fuel approved by the office of renewable

Senate File 449 - Introduced continued
89 1 fuels and coproducts pursuant to section 159A.3.

89 2 (2) Compressed or liquefied natural gas.

89 3 (3) Propane gas.

89 4 (4) Solar energy.

89 5 (5) Electricity.

89 6 b. The provisions of this subsection do not apply to

89 7 vehicles and trucks purchased and directly used for law

89 8 enforcement or off=road maintenance work.

89 9 6. The administrator shall, whenever technically feasible,

89 10 purchase and use degradable loose foam packing material

89 11 manufactured from grain starches or other renewable resources,

89 12 unless the cost of the packing material is more than ten

89 13 percent greater than the cost of packing material made from

89 14 nonrenewable resources. For the purposes of this subsection,

89 15 "packing material" means material, other than an exterior

89 16 packing shell, that is used to stabilize, protect, cushion, or

89 17 brace the contents of a package.

89 18 7. Assist the director in employing the professional,



89 19 technical, clerical and secretarial staff for the department

89 20 and maintain employee records, in cooperation with the


89 21 department of administrative services and provide personnel

89 22 services, including but not limited to training, safety

89 23 education, and employee counseling.

89 24 8. Assist the director in coordinating the



89 25 responsibilities and duties of the various divisions within

89 26 the department.

89 27 9. Carry out all other general administrative duties for



89 28 the department.

89 29 10. Perform such other duties and responsibilities as may



89 30 be assigned by the director.

89 31 7. The administrator of administrative services may

89 32 purchase items from the department of administrative services

89 33 and may cooperate with the director of the department of

89 34 administrative services by providing purchasing services for

89 35 the department of administrative services.


Senate File 449 - Introduced continued

90 1 Sec. 114. Section 312.2, Code 2009, is amended to read as

90 2 follows:

90 3 312.2 ALLOCATIONS FROM FUND.

90 4 1. The treasurer of the state shall, on the first day of

90 5 each month, credit all road use tax funds which have been

90 6 received by the treasurer, to the primary road fund, the

90 7 secondary road fund of the counties, the farm=to=market road

90 8 fund, and the street construction fund of cities in the

90 9 following manner and amounts:

90 10 1. a. To the primary road fund, forty=seven and one=half

90 11 percent.

90 12 2. b. To the secondary road fund of the counties,

90 13 twenty=four and one=half percent.

90 14 3. c. To the farm=to=market road fund, eight percent.

90 15 4. d. To the street construction fund of the cities,

90 16 twenty percent.

90 17 5. 2. The treasurer of state shall before making the

90 18 above allotments in subsection 1 credit annually to the

90 19 highway grade crossing safety fund the sum of seven hundred

90 20 thousand dollars, credit annually from the road use tax fund

90 21 the sum of nine hundred thousand dollars to the highway

90 22 railroad grade crossing surface repair fund, credit monthly to

90 23 the primary road fund the dollars yielded from an allotment of

90 24 sixty=five hundredths of one percent of all road use tax funds

90 25 for the express purpose of carrying out subsection 11 of

90 26 section 307A.2, section 313.4, subsection 2, and section

90 27 307.45, and credit annually to the primary road fund the sum

90 28 of five hundred thousand dollars to be used for paying

90 29 expenses incurred by the state department of transportation

90 30 other than expenses incurred for extensions of primary roads

90 31 in cities. All unobligated funds provided by this subsection,

90 32 except those funds credited to the highway grade crossing

90 33 safety fund, shall at the end of each year revert to the road

90 34 use tax fund. Funds in the highway grade crossing safety fund

90 35 shall not revert to the road use tax fund except to the extent
Senate File 449 - Introduced continued
91 1 they exceed five hundred thousand dollars at the end of any

91 2 biennium. The cost of each highway railroad grade crossing

91 3 repair project shall be allocated in the following manner:

91 4 a. Twenty percent of the project cost shall be paid by the

91 5 railroad company.

91 6 b. Twenty percent of the project cost shall be paid by the

91 7 highway authority having jurisdiction of the road crossing the

91 8 railroad.

91 9 c. Sixty percent of the project cost shall be paid from

91 10 the highway railroad grade crossing surface repair fund.

91 11 6. 3. The treasurer of state shall before making the

91 12 allotments provided for in this section credit monthly to the

91 13 state department of transportation funds sufficient in amount

91 14 to pay the costs of purchasing certificate of title and

91 15 registration forms, and supplies and materials and for the

91 16 cost of prison labor used in manufacturing motor vehicle

91 17 registration plates, decalcomania emblems, and validation

91 18 stickers at the prison industries.

91 19 7. 4. The treasurer of state, before making the

91 20 allotments provided in this section, shall credit annually to

91 21 the primary road fund from the road use tax fund the sum of

91 22 seven million one hundred thousand dollars.

91 23 8. 5. a. The treasurer of state, before making any

91 24 allotments to counties under this section, shall reduce the

91 25 allotment to a county for the secondary road fund by the

91 26 amount by which the total funds that the county transferred or

91 27 provided during the prior fiscal year under section 331.429,

91 28 subsection 1, paragraphs "a", "b", "d", and "e", are less than

91 29 seventy=five percent of the sum of the following:

91 30 a. (1) From the general fund of the county, the dollar

91 31 equivalent of a tax of sixteen and seven=eighths cents per

91 32 thousand dollars of assessed value on all taxable property in

91 33 the county.

91 34 b. (2) From the rural services fund of the county, the

91 35 dollar equivalent of a tax of three dollars and three=eighths
Senate File 449 - Introduced continued
92 1 of a cent per thousand dollars of assessed value on all

92 2 taxable property not located within the corporate limits of a

92 3 city in the county.

92 4 b. Funds remaining in the secondary road fund of the

92 5 counties due to a reduction of allocations to counties for

92 6 failure to maintain a minimum local tax effort shall be

92 7 reallocated to counties that are not reduced under this

92 8 subsection pursuant to the allocation provisions of section

92 9 312.3, subsection 1, based upon the needs and area of the

92 10 county. Information necessary to make allocations under this

92 11 subsection shall be provided by the state department of

92 12 transportation or the director of the department of management

92 13 upon request by the treasurer of state.

92 14 9. 6. The treasurer of state, before making the

92 15 allotments provided for in this section, shall credit annually

92 16 to the living roadway trust fund created under section 314.21

92 17 one hundred fifty thousand dollars from the road use tax fund.

92 18 10. 7. The treasurer of state, before making the other

92 19 allotments provided for in this section, shall credit annually

92 20 to the primary road fund from the road use tax fund the sum of

92 21 four million four hundred thousand dollars and to the

92 22 farm=to=market road fund from the road use tax fund the sum of

92 23 one million five hundred thousand dollars for partial

92 24 compensation of allowing trucks to operate on the roads of

92 25 this state as provided in section 321.463.

92 26 11. 8. The treasurer of state, before making the

92 27 allotments provided for in this section, shall credit annually

92 28 to the living roadway trust fund created under section 314.21

92 29 one hundred thousand dollars from the road use tax fund.

92 30 12. 9. The treasurer of state, before making the

92 31 allotments provided for in this section, shall credit monthly

92 32 from the road use tax fund to the revitalize Iowa's sound

92 33 economy fund, created under section 315.2, the revenue

92 34 accruing to the road use tax fund in the amount equal to the

92 35 revenues collected under each of the following:
Senate File 449 - Introduced continued
93 1 a. From the excise tax on motor fuel and special fuel

93 2 imposed under the tax rate of section 452A.3 except aviation

93 3 gasoline, the amount of excise tax collected from one and

93 4 three=fourths cents per gallon.

93 5 b. From the excise tax on special fuel for diesel engines,

93 6 the amount of excise tax collected from one and three=fourths

93 7 cents per gallon.

93 8 13. 10. The treasurer of state, before making the

93 9 allotments provided for in this section, shall credit monthly

93 10 from the road use tax fund to the secondary road fund the

93 11 revenue accruing to the road use tax fund in the amount equal

93 12 to the revenues collected under each of the following:

93 13 a. From the excise tax on motor fuel and special fuel

93 14 imposed under the tax rate of section 452A.3, except aviation

93 15 gasoline, the amount of excise tax collected from one=fourth

93 16 cent per gallon.

93 17 b. From the excise tax on special fuel for diesel engines,

93 18 the amount of excise tax collected from one=fourth cent per

93 19 gallon.

93 20 14. 11. The treasurer of state, before making the

93 21 allotments provided for in this section, shall credit monthly

93 22 from the road use tax fund to the state department of

93 23 transportation for county, city, and state traffic safety

93 24 improvement projects an amount equal to one=half of one

93 25 percent of moneys credited to the road use tax fund.

93 26 15. 12. a. The treasurer of state, before making the

93 27 allotments provided for in this section, for the fiscal year

93 28 beginning July 1, 1990, and each succeeding fiscal year, shall

93 29 credit from the road use tax fund two million dollars to the

93 30 county bridge construction fund, which is hereby created.

93 31 Moneys credited to the county bridge construction fund shall

93 32 be allocated to counties by the department for bridge

93 33 construction, reconstruction, replacement, or realignment

93 34 based on needs in accordance with rules adopted by the

93 35 department.
Senate File 449 - Introduced continued
94 1 b. The treasurer of state, before making the allotments

94 2 provided for in this section, for the fiscal year beginning

94 3 July 1, 1990, and each succeeding fiscal year, shall credit

94 4 from the road use tax fund five hundred thousand dollars to

94 5 the city bridge construction fund, which is hereby created.

94 6 Moneys credited to the city bridge construction fund shall be

94 7 allocated to cities by the department for bridge construction

94 8 and reconstruction based on needs in accordance with rules

94 9 adopted by the department.

94 10 16. 13. The treasurer of state, before making the

94 11 allotments provided for in this section, shall credit annually

94 12 from the road use tax fund to the state department of

94 13 transportation the sum of six hundred fifty thousand dollars

94 14 for the purpose of providing county treasurers with automation

94 15 and telecommunications equipment and support for vehicle

94 16 registration and titling and driver licensing.

94 17 Notwithstanding section 8.33, unobligated funds credited under

94 18 this subsection remaining on June 30 of the fiscal year shall

94 19 not revert but shall remain available for expenditure for

94 20 purposes of this subsection in subsequent fiscal years.

94 21 17. 14. The treasurer of state, before making the

94 22 allotments provided for in this section, shall credit monthly

94 23 from the road use tax fund to the primary road fund an amount

94 24 equal to ten percent of the revenues collected from the

94 25 operation of section 321.105A, subsection 2, to be used for

94 26 the commercial and industrial highway network.

94 27 18. 15. a. The treasurer of state, before making the

94 28 allotments provided for in this section, shall credit monthly

94 29 to the TIME=21 fund created in section 312A.2, an amount equal

94 30 to ten dollars from each fee for issuance of a certificate of

94 31 title collected pursuant to sections 321.20; 321.20A; 321.23;

94 32 321.42; 321.46, other than a title issued for a returned

94 33 vehicle under section 322G.12; section 321.47; and section

94 34 321.109 and an amount equal to eight dollars from each fee

94 35 collected for issuance of a certificate of title pursuant to
Senate File 449 - Introduced continued
95 1 section 321.46 for a returned vehicle under section 322G.12

95 2 and from each fee collected for issuance of a salvage

95 3 certificate of title pursuant to section 321.52.

95 4 b. This subsection is repealed June 30, 2028.

95 5 19. 16. a. The treasurer of state, before making the

95 6 allotments provided for in this section, shall credit monthly

95 7 to the TIME=21 fund created in section 312A.2 an amount equal

95 8 to ten dollars from each trailer registration fee collected

95 9 pursuant to section 321.123, subsection 1, paragraph "a",

95 10 subparagraph (1), twenty dollars from each trailer

95 11 registration fee collected pursuant to section 321.123,

95 12 subsection 1, paragraph "a", subparagraph (2), and one=third

95 13 of the amount collected from trailer registration fees

95 14 pursuant to section 321.123, subsection 2.

95 15 b. This subsection is repealed June 30, 2028.

95 16 20. 17. a. The treasurer of state, before making the

95 17 allotments provided for in this section, shall credit annually

95 18 to the TIME=21 fund created in section 312A.2, the revenue

95 19 accruing to the road use tax fund from annual motor vehicle

95 20 registration fees for passenger cars, multipurpose vehicles,

95 21 and motor trucks in excess of three hundred ninety=two million

95 22 dollars annually.

95 23 b. This subsection is repealed June 30, 2028.

95 24 Sec. 115. Section 314.2, Code 2009, is amended to read as

95 25 follows:

95 26 314.2 INTEREST IN CONTRACT PROHIBITED.

95 27 No state or county official or employee, elective or

95 28 appointive shall be directly or indirectly interested in any

95 29 contract for the construction, reconstruction, improvement or

95 30 maintenance of any highway, bridge or culvert, or the

95 31 furnishing of materials therefor. The letting of a contract

95 32 in violation of the foregoing provisions this section shall

95 33 invalidate the contract and such violation shall be a complete

95 34 defense to any action to recover any consideration due or

95 35 earned under the contract at the time of its termination.
Senate File 449 - Introduced continued
96 1 Sec. 116. Section 321.52A, Code 2009, is amended to read

96 2 as follows:

96 3 321.52A CERTIFICATE OF TITLE SURCHARGE == ALLOCATION OF

96 4 MONEYS.

96 5 In addition to the fee required for the issuance of a

96 6 certificate of title under section 321.20, 321.20A, 321.23,

96 7 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge

96 8 of five dollars shall be required. Of each surcharge

96 9 collected under those sections, the county treasurer shall

96 10 remit five dollars to the office of treasurer of state for

96 11 deposit as set forth in section 321.145, subsection 2.

96 12 Sec. 117. Section 321.92, subsection 1, Code 2009, is

96 13 amended to read as follows:

96 14 1. FRAUDULENT INTENT.

96 15 a. No person shall with fraudulent intent, deface,

96 16 destroy, or alter the vehicle identification number or

96 17 component part number or other distinguishing number or

96 18 identification mark of a vehicle or component part, including

96 19 a rebuilt identification, nor shall a person place or stamp a

96 20 serial, engine, or other number or mark upon a vehicle or

96 21 component part, except one assigned thereto by the department.

96 22 b. The year of manufacture of a fence=line feeder, grain


96 23 cart, or tank wagon manufactured on or after July 1, 2001,

96 24 shall be permanently made a part of the identification plate

96 25 on the vehicle. A person shall not fraudulently alter,

96 26 deface, or attempt to fraudulently alter or deface the year of

96 27 manufacture or other product identification number on a

96 28 fence=line feeder, grain cart, or tank wagon.

96 29 c. A violation of this provision subsection is a felony

96 30 punishable as provided in section 321.483.

96 31 d. This subsection does not prohibit the restoration of an

96 32 original vehicle identification number, component part number,

96 33 or other number or mark when the restoration is made by the

96 34 department, nor prevent a manufacturer from placing, in the

96 35 ordinary course of business, numbers or marks upon vehicles or


Senate File 449 - Introduced continued

97 1 component parts.

97 2 Sec. 118. Section 321.231, subsection 5, Code 2009, is

97 3 amended to read as follows:

97 4 5. The foregoing provisions of this section shall not

97 5 relieve the driver of an authorized emergency vehicle or the

97 6 rider of a police bicycle from the duty to drive or ride with

97 7 due regard for the safety of all persons, nor shall such

97 8 provisions protect the driver or rider from the consequences

97 9 of the driver's or rider's reckless disregard for the safety

97 10 of others.

97 11 Sec. 119. Section 321.285, Code 2009, is amended to read




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