CHAPTER 307 DEPARTMENT OF TRANSPORTATION (DOT)
Department to report annually regarding registered flexible fuel vehicles; see § 452A.33

307.1 DEFINITIONS.
307.2 DEPARTMENT OF TRANSPORTATION.
307.3 TRANSPORTATION COMMISSION.
307.4 CONFLICT OF INTEREST.
307.5 VACANCIES ON COMMISSION.
307.6 COMPENSATION -- COMMISSION MEMBERS.
307.7 COMMISSION MEETINGS.
307.8 EXPENSES.
307.9 REMOVAL FROM OFFICE.
307.10 DUTIES OF COMMISSION.
307.11 DIRECTOR OF TRANSPORTATION -- QUALIFICATIONS -- SALARY.
307.12 DUTIES OF THE DIRECTOR.
307.13 REASSIGNMENT OF PERSONNEL.
307.14 OFFICIAL IOWA MAP.
307.15 THROUGH 307.19
307.20 BIODIESEL AND BIODIESEL BLENDED FUEL REVOLVING FUND.
307.21 ADMINISTRATIVE SERVICES.
307.22 PLANNING AND RESEARCH.
307.23 GENERAL COUNSEL.
307.24 ADMINISTRATION OF HIGHWAYS.
307.25 AERONAUTICS AND PUBLIC TRANSIT.
307.26 RAIL AND WATER.
307.27 MOTOR VEHICLES.
307.28 PRORATING DEPARTMENTAL COSTS.
307.30 FEDERAL TAX COMPLIANCE.
307.31 PERIODIC REVIEW OF REVENUES -- EVALUATION OF ALTERNATIVE FUNDING SOURCES.
307.32 THROUGH 307.34
307.35 INSPECTORS TO PERFORM SEVERAL FUNCTIONS.
307.36 PROJECT NEEDS -- RETENTION OF PROPERTY.
307.37 MOTOR VEHICLE FRAUD AND ODOMETER LAW ENFORCEMENT.
307.40 COPIES OF CONTRACTS TO LEGISLATIVE SERVICES AGENCY.
307.41 AND 307.42
307.43 FEDERAL DONATIONS.
307.44 USE OF FEDERAL MONEYS -- COOPERATION.
307.45 STATE-OWNED LANDS -- ASSESSMENT.
307.46 USE OF REVERSIONS.
307.47 MATERIALS AND EQUIPMENT REVOLVING FUND -- ANNUAL PURCHASE REPORT.
307.48 LONGEVITY PAY.
307.49 CONTRACT BIDS.



        

307.1 DEFINITIONS. When used in this chapter, unless the context otherwise requires: 1. "Director" means the director of transportation or the director's designee. 2. "Department" means the state department of transportation. 3. "Commission" means the state transportation commission.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.1; 81 Acts, ch 22, § 2] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1903
        

307.2 DEPARTMENT OF TRANSPORTATION. There is created a state department of transportation which shall be responsible for the planning, development, regulation and improvement of transportation in the state as provided by law.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.2]
         Referred to in § 7E.5
        

307.3 TRANSPORTATION COMMISSION. There is created a state transportation commission which shall consist of seven members, not more than four of whom shall be from the same political party. The governor shall appoint the members of the state transportation commission for a term of four years beginning and ending as provided by section 69.19, subject to confirmation by the senate. The commission shall meet in May of each year for the purpose of electing one of its members as chairperson.

         Section History: Early Form

         [SS15, § 1527-s; C24, 27, 31, 35, 39, § 4622, 4623; C46, 50,
      54, 58, 62, 66, 71, 73, § 307.1, 307.2; C75, 77, 79, 81, § 307.3] 

         Section History: Recent Form

         83 Acts, ch 101, § 67
         Confirmation, see § 2.32
        

307.4 CONFLICT OF INTEREST. A person shall not serve as a member of the state transportation commission who has an interest in a contract or job of work or material or the profits thereof or service to be performed for the department. Any member of the state transportation commission who accepts employment with or acquires any stock, bonds, or other interest in any company or corporation doing business with the department shall be disqualified from remaining a member of the state transportation commission.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.4]
        

307.5 VACANCIES ON COMMISSION. Any vacancy shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term. In the event the governor fails to make an appointment to fill a vacancy or fails to submit the appointment to the senate for confirmation as required by section 2.32, the senate may make the appointment prior to adjournment of the general assembly.

         Section History: Early Form

         [SS15, § 1527-s; C24, 27, 31, 35, 39, § 4624; C46, 50, 54, 58,
      62, 66, 71, 73, § 307.3; C75, 77, 79, 81, § 307.5]
        

307.6 COMPENSATION -- COMMISSION MEMBERS. Each member of the commission shall be compensated as provided in section 7E.6.

         Section History: Early Form

         [SS15, § 1527-s1; C24, 27, 31, 35, 39, § 4625; C46, 50, 54,
      58, 62, 66, 71, 73, § 307.4; C75, 77, 79, 81, § 307.6] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1904
        

307.7 COMMISSION MEETINGS. The commission shall meet at the call of the chairperson or when any four members of the commission file a written request with the chairperson for a meeting. Written notice of the time and place of each meeting shall be given to each member of the commission. A majority of the commission members shall constitute a quorum.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.7]
        

307.8 EXPENSES. Members of the commission, the director, and other employees of the department shall be allowed their actual and necessary expenses incurred in the performance of their duties. All expenses and salaries shall be paid from appropriations for such purposes and the department shall be subject to the budget requirements of chapter 8.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.8]
        

307.9 REMOVAL FROM OFFICE. Any member of the commission may be removed for any of the causes and in the manner provided in chapter 66 and such removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.9]
        

307.10 DUTIES OF COMMISSION. The commission shall: 1. Develop and coordinate a comprehensive transportation policy for the state not later than January 1, 1975, which shall be submitted to the general assembly for its approval, and develop a comprehensive transportation plan by January 1, 1976, to be submitted to the governor and the general assembly, and to update the transportation policy and plan annually. 2. Promote the coordinated and efficient use of all available modes of transportation for the benefit of the state and its citizens including, but not limited to, the designation and development of multimodal public transfer facilities if carriers or other private businesses fail to develop such facilities. 3. Identify the needs for city, county and regional transportation facilities and services in the state and develop programs appropriate to meet these needs. 4. Identify methods of improving transportation safety in the state and develop programs appropriate to meet these needs. 5. Consider the energy and environmental issues in transportation development. 6. Enter into such contracts and agreements as provided in this chapter. 7. Promote the efforts of political subdivisions in developing energy-efficient public transit systems including bus and rail systems. 8. Promote the development of rural bus systems. 9. Develop and implement a bus system subsidization program. 10. Act as a resource and referral source for van poolers in the state. 11. Conduct a comprehensive transportation planning study to examine pedestrian accessibility in new commercial development. 12. Establish transit accessibility impact guidelines by July 1, 1992, to be used in evaluating proposals for the construction or acquisition of publicly financed facilities. 13. Develop statistical measures to ascertain the impact of public transit systems on the minimization of motor vehicle accidents and reduction in fuel utilization by July 1, 1992, and the impact of public transit systems on the reduction of hazardous emissions of mobile sources, as identified pursuant to Title II of the federal Clean Air Act of 1990, Pub. L. No. 101-549, by July 1, 1993. 14. By July 1, 1992, create a statewide transit services marketing steering committee which includes providers, consumer advocates, and public relations representatives. The committee shall develop criteria for the evaluation of the adequacy and public awareness of transit service delivery by January 1, 1993. 15. Approve all rules prior to their adoption by the director pursuant to section 307.12, subsection 10.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.10; 82 Acts, ch 1199, § 92, 93, 96] 

         Section History: Recent Form

         83 Acts, ch 9, § 1, 8; 84 Acts, ch 1231, § 1; 86 Acts, ch 1245, §
      1905, 1906; 91 Acts, ch 253, § 14; 92 Acts, ch 1065, § 1; 2005 Acts,
      ch 20, §1
         See also § 307A.2
        

307.11 DIRECTOR OF TRANSPORTATION -- QUALIFICATIONS -- SALARY. The governor shall appoint a director of transportation, subject to confirmation by the senate, who shall serve at the pleasure of the governor and who shall not be a member of the commission. The director shall not hold any other office under the laws of the United States or of this or any other state or hold any other position for profit. The director shall not engage in any occupation, business, or profession interfering with or inconsistent with the director's duties, serve on or under a committee of a political party, or contribute to the campaign fund of any person or political party. The director shall be appointed on the basis of executive and administrative abilities and shall devote full time to the duties of the position. The director shall receive a salary as fixed by the governor within a salary range set by the general assembly.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.11] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1907, 1908
         Confirmation; see § 2.32
        

307.12 DUTIES OF THE DIRECTOR. The director shall: 1. Manage the internal operations of the department and establish guidelines and procedures to promote the orderly and efficient administration of the department. 2. Employ personnel as necessary to carry out the duties and responsibilities of the department, consistent with chapter 8A, subchapter IV. 3. Assist the commission in developing state transportation policy and a state transportation plan. 4. Establish temporary advisory boards of a size the director deems appropriate to advise the department. 5. Prepare a budget for the department and prepare reports required by law. 6. Present the department's proposed budget to the commission prior to December 31 of each year. 7. Appoint the deputy director of transportation and the administrators of the department. 8. Review and submit legislative proposals necessary to maintain current state transportation laws. 9. Enter into reciprocal agreements relating to motor vehicle inspections with authorized officials of any other state, subject to approval by the commission. The director may exempt or impose requirements upon nonresident motor vehicles consistent with those imposed upon vehicles of Iowa residents operated in other states. 10. Adopt rules in accordance with chapter 17A as the director deems necessary for the administration of the department and the exercise of the director's and department's powers and duties. 11. Reorganize the administration of the department as needed to increase administrative efficiency. 12. Provide for the receipt or disbursement of federal funds allocated to the state and its political subdivisions for transportation purposes. 13. Include in the department's annual budget all estimated federal funds to be received or allocated to the department. 14. Adopt, after consultation with the department of natural resources and the department of public safety, rules relating to enforcement of the rules regarding transportation of hazardous wastes adopted by the department of natural resources. The department and the division of state patrol of the department of public safety shall carry out the enforcement of the rules. 15. Prepare and submit a report to the general assembly on or before January 15 of each fiscal year describing the prior fiscal year's highway construction program, actual expenditures of the program, and contractual obligations of the program. 16. Administer chapter 327J. If in the interest of the state, the director may allow a subsistence expense to an employee under the supervision of the department's administrator for highways for continuous stay in one location while on duty away from established headquarters and place of domicile for a period not to exceed forty-five days; and allow automobile expenses in accordance with section 8A.363, for moving an employee and the employee's family from place of present domicile to new domicile, and actual transportation expense for moving of household goods. The household goods for which transportation expense is allowed shall not include pets or animals.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.12] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1909; 91 Acts, ch 268, § 510; 92 Acts, ch
      1210, § 1; 98 Acts, ch 1074, §19; 2003 Acts, ch 145, §239, 240; 2005
      Acts, ch 35, §31; 2005 Acts, ch 179, §125; 2006 Acts, ch 1068, §5
         Referred to in § 307.10
        

307.13 REASSIGNMENT OF PERSONNEL. The director may reassign personnel within the department among the various divisions of the department in order to properly coordinate the work of the divisions and perform the duties and responsibilities of the department efficiently and economically. However, any employee so transferred or transferred from one employment system to another either administratively or legislatively, shall not be considered to be a probationary employee simply because of this action.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.13]
        

307.14 OFFICIAL IOWA MAP. The department shall publish a map of the state of Iowa. At the request of a citizen of a particular city or town, the department shall add the city or town to the existing map of Iowa and identify the main road leading into the city or town if the city or town meets two or more of the following criteria: 1. Has a zip coded post office in the city or town. 2. Has a population of twenty-five or more. 3. Has a building on the national register of historic places in the city or town. 4. Has an association with a public recreation area managed by the department of natural resources in the city or town. 5. Has a high school, grade school, private school, church, or cemetery in the city or town. 6. Has a retail business in the city or town. 7. Has an annual festival or celebration.

         Section History: Recent Form

         91 Acts, ch 139, §1, 2
        

307.15 THROUGH 307.19 Repealed by 86 Acts, ch 1245, § 1969.

307.20 BIODIESEL AND BIODIESEL BLENDED FUEL REVOLVING FUND. 1. A biodiesel and biodiesel blended fuel revolving fund is created in the state treasury. The biodiesel and biodiesel blended fuel revolving fund shall be administered by the department and shall consist of moneys received from the sale of EPAct credits banked by the department on April 19, 2001, moneys appropriated by the general assembly, and any other moneys obtained or accepted by the department for deposit in the fund. Moneys in the fund are appropriated to and shall be used by the department for the purchase of biodiesel and biodiesel blended fuel for use in department vehicles. The department shall submit an annual report not later than January 31 to the members of the general assembly and the legislative services agency, of the expenditures made from the fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the fund shall be credited to the fund. 2. A departmental motor vehicle operating using biodiesel or biodiesel blended fuel shall be affixed with a brightly visible sticker that notifies the traveling public that the motor vehicle uses biodiesel blended fuel. 3. For purposes of this section the following definitions apply: a. "Biodiesel" and "biodiesel blended fuel" mean the same as defined in section 214A.1. b. "EPAct credit" means a credit issued pursuant to the federal Energy Policy Act (EPAct), 42 U.S.C. § 13201 et seq.

         Section History: Recent Form

         2001 Acts, ch 52, §1, 3; 2003 Acts, ch 35, §45, 49; 2006 Acts, ch
      1142, §78
        

307.21 ADMINISTRATIVE SERVICES. 1. The department's administrator of administrative services shall: a. Provide for the proper maintenance and protection of the grounds, buildings, and equipment of the department, in cooperation with the department of administrative services. b. Establish, supervise, and maintain a system of centralized electronic data processing for the department, in cooperation with the department of administrative services. c. Assist the director in preparing the departmental budget. d. Provide centralized purchasing services for the department, in cooperation with the department of administrative services. The administrator shall, when the price is reasonably competitive and the quality as intended, purchase soybean-based inks and plastic products with recycled content, including but not limited to plastic garbage can liners, and shall purchase these items in accordance with the schedule established in section 8A.315. However, the administrator need not purchase garbage can liners in accordance with the schedule if the liners are utilized by a facility approved by the environmental protection commission created under section 455A.6, for purposes of recycling. For purposes of this section, "recycled content" means that the content of the product contains a minimum of thirty percent postconsumer material. e. Assist the director in employing the professional, technical, clerical, and secretarial staff for the department and maintain employee records, in cooperation with the department of administrative services and provide personnel services, including but not limited to training, safety education, and employee counseling. f. Assist the director in coordinating the responsibilities and duties of the various divisions within the department. g. Carry out all other general administrative duties for the department. h. Perform such other duties and responsibilities as may be assigned by the director. 2. When performing the duty of providing centralized purchasing services under subsection 1, the administrator shall do all of the following: a. Purchase and use recycled printing and writing paper in accordance with the schedule established in section 8A.315. b. Establish a wastepaper recycling program in accordance with recommendations made by the department of natural resources and the requirements of section 8A.329. c. Require in accordance with section 8A.311 product content statements and compliance with requirements regarding procurement specifications. d. Comply with the requirements for the purchase of lubricating oils, industrial oils, greases, and hydraulic fluids as established pursuant to section 8A.316. e. Give preference to purchasing designated biobased products in the same manner as provided in section 8A.317. 3. The department shall report to the general assembly by February 1 of each year, the following: a. A listing of plastic products which are regularly purchased by the board for which recycled content product alternatives are available, including the cost of the plastic products purchased and the cost of the recycled content product alternatives. b. Information relating to soybean-based inks and plastic garbage can liners with recycled content regularly purchased by the department, including the cost of purchasing soybean-based inks and plastic garbage can liners with recycled content and the percentages of soybean-based inks and plastic garbage can liners with recycled content that have been purchased. 4. A gasoline-powered vehicle purchased by the administrator shall not operate on gasoline other than ethanol blended gasoline as defined in section 214A.1. A diesel-powered motor vehicle purchased by the administrator shall not operate on diesel fuel other than biodiesel fuel as defined in section 214A.1, if commercially available. A state-issued credit card shall not be valid to purchase gasoline other than ethanol blended gasoline or to purchase diesel fuel other than biodiesel fuel, if commercially available. The motor vehicle shall also be affixed with a brightly visible sticker which notifies the traveling public that the motor vehicle is being operated on ethanol blended gasoline or biodiesel fuel, as applicable. However, the sticker is not required to be affixed to an unmarked vehicle used for purposes of providing law enforcement or security. 5. a. Of all new passenger vehicles and light pickup trucks purchased by the administrator, a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engines which utilize alternative methods of propulsion, including but not limited to any of the following: (1) A flexible fuel which is any of the following: (a) E-85 gasoline as provided in section 214A.2. (b) B-20 biodiesel blended fuel as provided in section 214A.2. (c) A renewable fuel approved by the office of renewable fuels and coproducts pursuant to section 159A.3. (2) Compressed or liquefied natural gas. (3) Propane gas. (4) Solar energy. (5) Electricity. b. The provisions of this subsection do not apply to vehicles and trucks purchased and directly used for law enforcement or off-road maintenance work. 6. The administrator shall, whenever technically feasible, purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection, "packing material" means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package. 7. The administrator of administrative services may purchase items from the department of administrative services and may cooperate with the director of the department of administrative services by providing purchasing services for the department of administrative services.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.21] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1910, 1911; 88 Acts, ch 1185, § 3; 89 Acts, ch
      272, § 24; 90 Acts, ch 1237, § 4; 91 Acts, ch 97, § 42; 91 Acts, ch
      254, § 18; 92 Acts, ch 1095, § 3; 93 Acts, ch 26, § 6; 93 Acts, ch
      176, § 40; 94 Acts, ch 1119, §28; 95 Acts, ch 44, §3; 95 Acts, ch 62,
      §4; 98 Acts, ch 1082, §6; 99 Acts, ch 114, §17; 99 Acts, ch 121, §10;
      2000 Acts, ch 1109, §6; 2003 Acts, ch 145, §241, 242, 286; 2006 Acts,
      ch 1142, §66, 67; 2007 Acts, ch 22, §68; 2008 Acts, ch 1104, §6; 2008
      Acts, ch 1169, §39, 42; 2009 Acts, ch 133, §113
        

307.22 PLANNING AND RESEARCH. The department's administrator of planning and research shall: 1. Assist the director in planning all modes of transportation in order to develop an integrated transportation system providing adequate transportation services for all citizens of the state. 2. Develop and maintain transportation statistical data for the department. 3. Assist the director in establishing, analyzing, and evaluating alternative transportation policies for the state. 4. Coordinate planning and research duties and responsibilities with the planning functions carried on by other administrators of the department. 5. a. Annually report by July 1 of each year, for both secondary and farm-to-market systems, miles of earth, granular, and paved surface roads; the daily vehicle miles of travel; and lineal feet of bridge deck under the jurisdiction of each county's secondary road department, as of the preceding January 1, taking into account roads whose jurisdiction has been transferred from the department to a county or from a county to the department during the previous year. The annual report shall include those roads transferred to a county pursuant to section 306.8A. b. Miles of secondary and farm-to-market roads shall not include those miles of farm-to-market extensions within cities under five hundred population that are placed under county secondary road jurisdiction pursuant to section 306.4. c. The annual report of updated road and bridge data of both the secondary and farm-to-market roads shall be submitted to the Iowa county engineers association service bureau. 6. Perform such other planning functions as may be assigned by the director. The functions of planning and research do not include the detailed design of highways or other modal transportation facilities, but are restricted to the needs of this state for multimodal transportation systems.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.22] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1912, 1913; 2002 Acts, ch 1063, §6, 16; 2003
      Acts, ch 144, §4; 2005 Acts, ch 20, §2; 2005 Acts, ch 142, §1
        

307.23 GENERAL COUNSEL. The general counsel shall be a special assistant attorney general appointed by the attorney general who shall act as the attorney for the department and the general counsel shall have the following duties and responsibilities: Act as legal advisor to the commission and the director, and provide all legal services for the department. The attorney general shall appoint additional assistant attorneys general as the director deems necessary to carry out the duties assigned to the office of the general counsel. The salary of the general counsel shall be fixed by the director, subject to the approval of the attorney general. The director shall provide and furnish a suitable office for the general counsel upon request of the attorney general.

         Section History: Early Form

         [SS15, § 1527-s, -s2; C24, 27, § 307.8; C31, 35, § 4630, 4630-c1;
      C39, § 4630, 4630.1; C46, 50, 54, 58, 62, 66, 71, 73, § 307.8,
      307.9; C75, 77, 79, 81, § 307.23] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1914, 1915
        

307.24 ADMINISTRATION OF HIGHWAYS. The department's administrator of highways is responsible for the planning, design, construction, and maintenance of the state primary highways and shall administer chapters 306 to 320 and perform other duties as assigned by the director. The administration of highways shall be organized to provide administration for urban systems, for secondary roads, and other categories of administration as necessary.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.24] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1916; 2009 Acts, ch 97, §8
        

307.25 AERONAUTICS AND PUBLIC TRANSIT. The department's administrator for aeronautics and public transit shall: 1. Advise and assist the director in the development of aeronautics, including but not limited to the location of air terminals, accessibility of air terminals by other modes of public transportation, protective zoning provisions considering safety factors, noise, and air pollution, facilities for private and commercial aircraft, air freight facilities and such other physical and technical aspects as may be necessary to meet present and future needs. 2. Advise and assist the director in the study of local and regional transportation of goods and people including intracity and intercity bus systems, dial-a-bus facilities, rural and urban bus and taxi systems, the collection of data from these systems, feasibility study of increased government subsidy assistance and determination of the allocation of such subsidies to each mass transportation system, such other physical and technical aspects which may be necessary to meet present and future needs and apply for, accept and expend federal, state or private funds for the improvement of mass transit. 3. Advise and assist the director to study and develop highway transport economics to assure availability and productivity of highway transport services. 4. Administer chapters 328, 329, and 330. 5. Perform other duties and responsibilities as assigned by the director.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.25] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1917--1919; 90 Acts, ch 1233, § 12; 98 Acts,
      ch 1100, §38
        

307.26 RAIL AND WATER. The department's administrator for rail and water shall: 1. Advise and assist the director in conducting research on the basic railroad problems and identify the present capability of the existing railroads in order to determine the present obligation of the railroads to provide acceptable levels of public service. 2. Advise and assist the director in the development of rail transportation systems for expansion of passenger and freight services. 3. Advise and assist the director in developing programs in anticipation of railroad abandonment, including: a. Development and evaluation of programs which will encourage improvement of rail freight and the upgrading of rail lines in order to improve freight service. b. Development of alternative modes of transportation to areas and communities which lose rail service. c. Advise the director when it may appear in the best interest of the state to assume the role of advocate in railroad abandonments and railroad rate schedules. 4. Develop and maintain a federal-state relationship of programs relating to railroad safety enforcement, track standards, rail equipment, operating rules and transportation of hazardous materials. 5. Advise and assist the director in the conduct of research on railroad-highway grade crossings and encourage and develop a safety program in order to reduce injuries or fatalities including, but not limited to, the following: a. The implementation of a program of constructing rumble strips at grade crossings on selected hard surface roads. b. The establishment of standards for warning devices for particularly hazardous crossings or for classes of crossings on highways, which standards are designed to reduce injuries, fatalities and property damage. Such standards shall regulate the use of warning devices and signs which shall be in addition to the requirements of section 327G.2. Implementation of such standards shall be the responsibility of the government agency or department or political subdivision having jurisdiction and control of the highway and such implementation shall be deemed adequate for the purposes of railroad grade crossing protection. The department, or the political subdivision having jurisdiction, may direct the installation of temporary protection while awaiting installation of permanent protection. A railroad crossing shall not be found to be particularly hazardous for any purpose unless the department has determined it to be particularly hazardous. c. The development and adoption of classifications of crossings on public highways based upon their characteristics, conditions, and hazards, and standards for warning devices, signals, and signs of each crossing classification. The department shall recommend a schedule for implementation of the standards to the government agency, department, or political subdivision having jurisdiction of the highway and shall provide an annual report to the general assembly on the development and adoption of classifications and standards under this paragraph and their implementation, including information about financing installation of warning devices, signals, and signs. The department shall not be liable for the development or adoption of the classifications or standards. A government agency, department, or political subdivision shall not be liable for failure to implement the standards. A crossing warning or improvement installed or maintained pursuant to standards adopted by the department under this paragraph shall be deemed an adequate and appropriate warning for the crossing. 6. Apply for, accept, and expend federal, state or private funds for the improvement of rail transportation. 7. Advise and assist the director on studies for coordination of railway service with that of other transportation modes. 8. Advise and assist the director with studies of regulatory changes deemed necessary to effectuate economical and efficient railroad service. 9. Advise and assist the director regarding agreements with railroad corporations for the restoration, conservation or improvement of railroad as defined in section 327D.2, subsection 3, on such terms, conditions, rates, rentals, or subsidy levels as may be in the best interest of the state. The commission may enter into contracts and agreements which are binding only to the extent that appropriations have been or may subsequently be made by the legislature to effectuate the purposes of this subsection. 10. Administer chapters 327C through 327H. 11. Perform such other duties and responsibilities as may be assigned by the director and the commission. 12. Advise and assist in the establishment and development of railroad districts upon request. 13. Conduct innovative experimental programs relating to rail transportation problems within the state. 14. Enter the role of "applicant" pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, and take such actions as are necessary to accomplish this role. 15. Identify those segments of railroad trackage which, if improved, may provide increased transportation services for the citizens of this state. The department shall develop and implement programs to encourage the improvement of rail freight services on such railroad trackage. 16. Promote river transportation and coordinate river programs with other transportation modes. 17. Advise and assist the director in the development of river transportation and port facilities in the state.

         Section History: Early Form

         [C75, 77, § 307.26, 327H.19; C79, 81, § 307.26] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1920, 1921; 90 Acts, ch 1233, § 13; 94 Acts,
      ch 1199, §50; 2006 Acts, ch 1010, §84
         Referred to in § 321.342
        

307.27 MOTOR VEHICLES. The department's administrator of motor vehicles shall: 1. Administer and supervise the registration of motor vehicles pursuant to chapter 321. 2. Administer and supervise the licensing of motor vehicle manufacturers, distributors and dealers pursuant to chapter 322. 3. Administer the inspection of motor vehicles pursuant to chapter 321. 4. Administer motor vehicle registration reciprocity pursuant to chapter 326. 5. Administer the provisions of chapters 321A, 321E, 321F, and 321J relating to motor vehicle financial responsibility, the implied consent law, the movement of vehicles of excessive size and weight and the leasing and renting of vehicles. 6. Administer the regulation of motor vehicle franchisers pursuant to chapter 322A. 7. Administer the regulation of motor carriers pursuant to chapter 325A. 8. Administer the registration of interstate authority of motor carriers pursuant to chapter 327B as provided in 49 U.S.C. § 14504 and United States department of transportation regulations.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.27] 

         Section History: Recent Form

         86 Acts, ch 1220, § 27; 86 Acts, ch 1245, § 1922; 90 Acts, ch
      1233, § 14; 98 Acts, ch 1100, §39, 40; 2003 Acts, ch 108, §53
        

307.28 PRORATING DEPARTMENTAL COSTS. The director shall, with the approval of the commission, prorate the costs of the department which will be expended for highways and such costs shall be paid from money appropriated from the road use tax fund. Prorated costs payable from the road use tax fund shall be based upon that portion of the department's duties related to the construction, maintenance, and supervision of the public highways within the state or for the payment of bonds issued for the construction of public highways and the payment of interest on such bonds. The general assembly shall appropriate from the general fund of the state the remaining necessary departmental costs.

         Section History: Early Form

         [C75, 77, 79, 81, § 307.28]
        

307.29 Repealed by 89 Acts, ch 4, § 3.

307.30 FEDERAL TAX COMPLIANCE. The department shall adopt rules under chapter 17A to provide for certification of federal heavy vehicle use tax collections required by the Surface Transportation Assistance Act of 1982.

         Section History: Recent Form

         83 Acts, ch 9, § 2, 8
        

307.31 PERIODIC REVIEW OF REVENUES -- EVALUATION OF ALTERNATIVE FUNDING SOURCES. 1. The department shall periodically review the current revenue levels of the road use tax fund and the sufficiency of those revenues for the projected construction and maintenance needs of city, county, and state governments in the future. The department shall submit a written report to the general assembly regarding its findings by December 31 every five years, beginning in 2011. The report may include recommendations concerning funding levels needed to support the future mobility and accessibility for users of Iowa's public road system. 2. The department shall evaluate alternative funding sources for road maintenance and construction and report to the general assembly at least every five years on the advantages and disadvantages and the viability of alternative funding mechanisms. The department's evaluation of alternative funding sources may be included in the report submitted to the general assembly under subsection 1.

         Section History: Recent Form

         2007 Acts, ch 200, §5
        

307.32 THROUGH 307.34 Reserved.

307.35 INSPECTORS TO PERFORM SEVERAL FUNCTIONS. The department shall institute a program to combine inspection functions where feasible and to train construction inspectors to perform several inspection functions to reduce the number of construction inspectors employed by the department and the number of construction inspectors required for each construction project.

         Section History: Early Form

         [81 Acts 2d Ex, ch 2, § 2]
        

307.36 PROJECT NEEDS -- RETENTION OF PROPERTY. It is the intent of the general assembly that not later than July 1, 1992, the state department of transportation shall dispose of all right-of-way owned by the department and not needed for projects. In determining need, the department shall consider both its five-year program requirements and its long-range, statewide corridor development needs, including the development of the network of commercial and industrial highways. The department may also act to preserve right-of- way for improvements to the network of commercial and industrial highways by acquiring options, easements, rights of first refusal, or other property interests less than fee title. In determining need based upon long-range, statewide corridor development, the department shall give careful consideration to economically depressed urban areas not served directly by the national system of interstate and defense highways.

         Section History: Recent Form

         83 Acts, ch 114, § 1; 89 Acts, ch 134, §3
        

307.37 MOTOR VEHICLE FRAUD AND ODOMETER LAW ENFORCEMENT. The department shall investigate and prosecute violators of the laws concerning motor vehicle fraud including, but not limited to, the state and federal odometer law. The department shall refer available evidence concerning a possible violation of the laws concerning motor vehicle fraud including, but not limited to, section 321.71 or the federal odometer law or a rule or order issued under section 321.71 or the federal odometer law, to the attorney general. The attorney general, with or without the referral, may institute appropriate criminal proceedings or may direct the case to the appropriate county attorney to institute appropriate criminal proceedings. The attorney general may use those funds available to the department of justice for this purpose and law enforcement agencies may be reimbursed for expenses incurred in the enforcement of those laws, rules, or orders with the approval of the attorney general.

         Section History: Recent Form

         84 Acts, ch 1305, § 45; 88 Acts, ch 1089, §1
        

307.38 Repealed by 99 Acts, ch 114, § 54.

307.39 Repealed by 92 Acts, ch 1238, § 43.

307.40 COPIES OF CONTRACTS TO LEGISLATIVE SERVICES AGENCY. The department shall give a copy of each contract for construction or reconstruction of roads, streets, or bridges entered into by the department in which the contract price is for five million dollars or more to the legislative services agency.

         Section History: Recent Form

         88 Acts, ch 1278, §26; 2003 Acts, ch 35, §45, 49
        

307.41 AND 307.42 Reserved.

307.43 FEDERAL DONATIONS. If the government of the United States provides for free distribution among the states of machinery or other equipment suitable for use in road improvement, the director may receive and receipt for the machinery and equipment, and take action to secure to the state the benefit of any such tenders by the federal authorities. The director may make an apportionment of the machinery or other equipment among the counties of the state which in the director's judgment will best facilitate work in progress or contemplated by the counties, but the title and right of possession of the property received from the federal government is at all times in the director for the use and benefit of the state.

         Section History: Recent Form

         86 Acts, ch 1245, § 1924
        

307.44 USE OF FEDERAL MONEYS -- COOPERATION. If funds are allotted or appropriated by the government of the United States for the improvement of transportation facilities and services in this state, the department may cooperate with the government of the United States, and any agency or department thereof, in the planning, acquisition, contract letting, construction, improvement, maintenance, and operation of transportation facilities and services in this state; may comply with the federal statutes and rules; and may cooperate with the federal government in the expenditure of the federal funds. In order to avoid delays, payment for the street and highway projects or improvements constructed in cooperation with the federal government may be advanced from the primary road fund.

         Section History: Recent Form

         86 Acts, ch 1244, § 39; 93 Acts, ch 87, § 2
         Referred to in § 263B.6
        

307.45 STATE-OWNED LANDS -- ASSESSMENT. 1. Cities and counties may assess the cost of a public improvement against the state when the improvement benefits property owned by the state and under the jurisdiction and control of the department's administrator of highways. The director shall pay from the primary road fund the portion of the cost of the improvement which would be legally assessable against the land if privately owned. 2. Assessments against property under the jurisdiction of the department's administrator of highways shall be made in the same manner as those made against private property, except that the city or county making the assessment shall cause a copy of the public notice of hearing to be mailed to the director by certified mail. 3. Assessments against property owned by the state and not under the jurisdiction and control of the department's administrator of highways shall be made in the same manner as those made against private property and payment shall be made by the executive council from any funds of the state not otherwise appropriated.

         Section History: Recent Form

         86 Acts, ch 1244, § 40; 91 Acts, ch 268, §511; 2009 Acts, ch 179,
      §77
         Referred to in § 312.2, 312.4, 313.4, 384.56
        

307.46 USE OF REVERSIONS. 1. Notwithstanding the provisions of section 8.33 or any other provision of law to the contrary, if on June 30 of a fiscal year a balance of an operational appropriation remains unexpended or unencumbered, not more than fifty percent of the balance may be encumbered by the department and used as provided in this section and the remaining balance shall be deposited in the fund from which the money was appropriated. The department shall not encumber an amount in excess of five hundred thousand dollars under this section in any fiscal year. Moneys encumbered under this section shall be used by the department during the succeeding fiscal year for employee training and for technology enhancement. Moneys which are encumbered under this section but not used shall revert to the fund from which the money was appropriated on June 30 of the succeeding fiscal year. 2. On or before June 30 of the fiscal year following the fiscal year in which funds were encumbered under this section, the department shall report to the joint transportation, infrastructure, and capitals appropriations subcommittee, the legislative services agency, the department of management, and the legislative fiscal and oversight committees of the legislative council detailing how the moneys were expended. Moneys shall not be encumbered under this section from an appropriation which received a transfer from another appropriation pursuant to section 8.39. 3. For purposes of this section, "operational appropriation" means an appropriation from the road use tax fund or primary road fund providing for salaries, support, maintenance, and miscellaneous purposes.

         Section History: Recent Form

         99 Acts, ch 120, §1, 5; 2003 Acts, ch 35, §45, 49
        

307.47 MATERIALS AND EQUIPMENT REVOLVING FUND -- ANNUAL PURCHASE REPORT. 1. The highway materials and equipment revolving fund is created from moneys appropriated out of the primary road fund. From this fund shall be paid all costs for materials and supplies, inventoried stock supplies, maintenance and operational costs of equipment, and equipment replacements incurred in the operation of centralized purchasing under the supervision of the department's administrator of highways. Direct salaries and expenses properly chargeable to direct salaries shall be paid from the fund. For each month the director shall render a statement to each unit under the supervision of the administrator of highways for the actual cost of materials and supplies, operational and maintenance costs of equipment, and equipment depreciation used. The expense shall be paid by the administrator of highways in the same manner as other interdepartmental billings are paid and when the expense is paid by the administrator of highways, the sum paid shall be credited to the highway materials and equipment revolving fund. 2. If surplus accrues to the revolving fund in excess of one hundred thousand dollars for which there is no anticipated need or use, the governor shall order that surplus reverted to the primary road fund. 3. When the units under the supervision of the administrator of highways share equipment with other administrative units of the department, the director shall prorate the costs of the equipment among the administrative units using the equipment. 4. The department shall present a purchase report to the legislative services agency prior to the beginning of each regular annual session of the general assembly. The report shall cover all equipment and vehicle purchases through the highway materials and equipment revolving fund during the preceding fiscal year.

         Section History: Recent Form

         86 Acts, ch 1244, § 41; 88 Acts, ch 1278, §27; 2003 Acts, ch 35,
      §45, 49
         Referred to in § 12.28
        

307.48 LONGEVITY PAY. An employee of the department who was hired by the state highway commission on or before June 30, 1971, is entitled to longevity pay. An employee eligible for longevity pay under this section whose employment is terminated on or after July 1, 1971, if reemployed by the department, forfeits any right the employee may have had to longevity pay. An employee under the supervision of the department's administrator of highways who became an employee of the state department of transportation on July 1, 1974, retains all rights to longevity pay so long as the employee continues employment with the department.

         Section History: Recent Form

         86 Acts, ch 1245, § 1925; 88 Acts, ch 1158, §63
         Referred to in § 8A.439
        

307.49 CONTRACT BIDS. A bidder awarded a contract with the department shall disclose the names of all subcontractors, who will work on the project being bid or who the bidder anticipates will work on the project being bid, within forty-eight hours after the award of the contract. If a subcontractor named by a bidder awarded a contract is replaced, or if the cost of work to be done by a subcontractor is reduced, the bidder shall disclose the name of the new subcontractor or the amount of the reduced cost. If a subcontractor is added by a bidder awarded a contract, the bidder shall disclose the name of the new subcontractor. The department shall issue electronic project bid notices for distribution to the targeted small business web page located at the department of economic development. The notices shall be provided to the targeted small business marketing manager forty-eight hours prior to the issuance of all project bid notices. The notices shall contain a description of the project, a point of contact for each project, and any subcontract goals included in the bid.

         Section History: Recent Form

         90 Acts, ch 1161, §3; 98 Acts, ch 1212, §5

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