321L.1 Definitions.

As used in this chapter, unless the context otherwise requires:

1. "Business district" means that territory defined by city ordinance as required under section 321L.5.

2. "Department" means the state department of transportation.

3. "Director" means the director of transportation.

4. "Lifelong disability" means a disability described under subsection 8 which has been determined to be permanent by a person authorized to provide the statement of disability required by section 321L.2.

5. "Persons with disabilities parking permit" means a permit bearing the international symbol of accessibility issued by the department which allows the holder to park in a persons with disabilities parking space, and includes the following:

a. A persons with disabilities registration plate issued to or for a person with a disability under section 321.34, subsection 14.

b. A persons with disabilities parking sticker affixed to a registration plate issued to a disabled veteran under section 321.166, subsection 6, or to an operator under section 321.34.

c. A persons with disabilities removable windshield placard which is a two-sided placard for hanging from the rearview mirror when the motor vehicle is parked in a persons with disabilities parking space.

6. "Persons with disabilities parking sign" means a sign which bears the international symbol of accessibility that meets the requirements under section 321L.6.

7. "Persons with disabilities parking space" means a parking space, including the access aisle, designated for use by only motor vehicles displaying a persons with disabilities parking permit that meets the requirements of sections 321L.5 and 321L.6.

8. "Person with a disability" means a person with a disability that limits or impairs the person's ability to walk. A person shall be considered a person with a disability for purposes of this chapter under the following circumstances:

a. The person cannot walk two hundred feet without stopping to rest.

b. The person cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device.

c. The person is restricted by lung disease to such an extent that the person's forced expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest.

d. The person uses portable oxygen.

e. The person has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American heart association.

f. The person is severely limited in the person's ability to walk due to an arthritic, neurological, or orthopedic condition.

321L.10 Reissuance of hanging devices.

Repealed by 96 Acts, ch 1171, § 15.

321L.2 Persons with disabilities parking permits--application and issuance.

1. a. A resident of the state with a disability desiring a persons with disabilities parking permit shall apply to the department upon an application form furnished by the department providing the applicant's name, address, date of birth, and social security number and shall also provide a statement from a physician licensed under chapter 148, 149, 150, or 150A, a physician assistant licensed under chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or a chiropractor licensed under chapter 151, or a physician, physician assistant, nurse practitioner, or chiropractor licensed to practice in a contiguous state, written on the physician's, physician assistant's, nurse practitioner's, or chiropractor's stationery, stating the nature of the applicant's disability and such additional information as required by rules adopted by the department under section 321L.8. If the person is applying for a temporary persons with disabilities parking permit, the physician's, physician assistant's, nurse practitioner's, or chiropractor's statement shall state the period of time during which the person is expected to be disabled and the period of time for which the permit should be issued, not to exceed six months.

A person with a disability may apply for one of the following persons with disabilities parking permits:

(1) Persons with disabilities registration plates. An applicant may order persons with disabilities registration plates pursuant to section 321.34.

(2) Persons with disabilities parking sticker. An applicant who owns a motor vehicle for which the applicant has been issued registration plates under section 321.34 or registration plates as a seriously disabled veteran under section 321.105 may apply to the department for a persons with disabilities parking sticker to be affixed to the plates. The persons with disabilities parking stickers shall bear the international symbol of accessibility.

(3) Removable windshield placard. A person with a disability may apply for a temporary removable windshield placard which shall be valid for a period of up to six months or a nonexpiring removable windshield placard, as determined by the physician's, physician assistant's, nurse practitioner's, or chiropractor's statement under this subsection. A temporary removable windshield placard shall be renewed within thirty days of the date of expiration. Persons seeking temporary removable windshield placards shall be required to furnish evidence upon initial application that they have a temporary disability and, in addition, furnish evidence at subsequent intervals that they remain temporarily disabled. Temporary removable windshield placards shall be of a distinctively different color from nonexpiring removable windshield placards. A nonexpiring removable windshield placard shall state on the face of the placard that it is a nonexpiring placard. The department shall issue one additional removable windshield placard upon the request of a person with a disability.

b. The department may issue expiring removable windshield placards to the following:

(1) An organization which has a program for transporting persons with disabilities or elderly persons.

(2) A person in the business of transporting persons with disabilities or elderly persons.

One expiring removable windshield placard may be issued for each vehicle used by the organization or person for transporting persons with disabilities or elderly persons. A placard issued under this paragraph shall be renewed every four years from the date of issuance and shall be surrendered to the department if the organization or person is no longer providing the service for which the placard was issued. Notwithstanding section 321L.4, a person transporting persons with disabilities or elderly persons in a motor vehicle for which a placard has been issued under this paragraph may display the placard in the motor vehicle and may use a persons with disabilities parking space while the motor vehicle is displaying the placard. A placard issued under this paragraph shall be of a distinctively different color from a placard issued under paragraph "a".

c. A new removable windshield placard can be issued if the previously issued placard is reported lost, stolen, or damaged. The placard reported as being lost or stolen shall be invalidated by the department. A placard which is damaged shall be returned to the department and exchanged for a new placard in accordance with rules adopted by the department.

2. Any person providing false information with the intent to defraud on the application for a persons with disabilities parking permit used in establishing proof under subsection 1 is subject to a civil penalty of three hundred dollars which may be imposed by the department. A physician, physician assistant, nurse practitioner, or chiropractor who provides false information with the intent to defraud on the physician's, physician assistant's, nurse practitioner's, or chiropractor's statement used in establishing proof under subsection 1 is subject to a civil penalty of three hundred dollars which may be imposed by the department. In addition to the civil penalty, the department shall revoke the permit issued pursuant to this section.

3. The removable windshield placard shall contain the following information:

a. Each side of the placard shall include all of the following:

(1) The international symbol of access, which is at least three inches in height, centered on the placard, and is white on a blue shield.

(2) An identification number.

(3) A date of expiration, which shall be of sufficient size to be readable from outside the vehicle.

(4) The seal or other identification of the issuing authority.

b. One side of the placard shall contain all of the following information:

(1) A statement printed on it as follows: "Unauthorized use of this placard as indicated in Iowa Code chapter 321L may result in a fine, invalidation of the placard, or revocation of the right to use the placard. This placard shall be displayed only when the vehicle is parked in a persons with disabilities parking space."

(2) The return address and telephone number of the department.

(3) The signature of the person who has been issued the placard.

4. A removable windshield placard shall only be displayed when the vehicle is parked in a persons with disabilities parking space.

5. The shape and color of the removable windshield placard shall be changed and the placard shall be reissued every four years.

321L.2A Wheelchair parking cone.

The department, upon the request of a person issued a persons with disabilities parking permit under section 321L.2 who uses a wheelchair, shall provide the person with a list of names and addresses of vendors who sell parking cones bearing the international symbol of accessibility and the words "wheelchair parking space". The department shall adopt rules as necessary to administer this section.

321L.3 Return of persons with disabilities parking permits.

Persons with disabilities parking permits shall be returned to the department upon the occurrence of any of the following:

1. The person to whom the persons with disabilities parking permit has been issued is deceased.

2. The person to whom the persons with disabilities parking permit has been issued has moved out of state.

3. A person has found or has in the person's possession a persons with disabilities parking permit that was not issued to that person.

4. The persons with disabilities parking permit has expired.

5. The persons with disabilities parking permit has been revoked.

6. The persons with disabilities parking permit reported lost or stolen is later found or retrieved after a subsequent persons with disabilities parking permit has been issued.

A person who fails to return the persons with disabilities parking permit and subsequently misuses the permit by illegally parking in a persons with disabilities parking space is guilty of a simple misdemeanor and subject to a fine of up to one hundred dollars.

Persons with disabilities parking permits may be returned to the department as required by this section either directly to the department to a driver's license station or any law enforcement office.

321L.4 Persons with disabilities parking--display and use of parking permit and persons with disabilities identification designation.

1. A persons with disabilities parking permit shall be displayed in a motor vehicle as a removable windshield placard or on a motor vehicle as a plate or sticker as provided in section 321L.2 when being used by a person with a disability, either as an operator or passenger. Each removable windshield placard shall be of uniform design and fabricated of durable material, suitable for display from within the passenger compartment of a motor vehicle, and readily transferable from one vehicle to another. The placard shall only be displayed when the motor vehicle is parked in a persons with disabilities parking space.

2. The use of a persons with disabilities parking space, located on either public or private property as provided in sections 321L.5 and 321L.6, by an operator of a motor vehicle not displaying a persons with disabilities parking permit; by an operator of a motor vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with section 321L.2, subsection 1, paragraph "b"; or by a motor vehicle in violation of the rules adopted by the department under section 321L.8, constitutes improper use of a persons with disabilities parking permit, which is a misdemeanor for which a scheduled fine shall be imposed upon the owner, operator, or lessee of the motor vehicle or the person to whom the persons with disabilities parking permit is issued. The scheduled fine for each violation shall be as established in section 805.8, subsection 2, paragraph "a". Proof of conviction of two or more violations involving improper use of a persons with disabilities parking permit is grounds for revocation by the court or the department of the holder's privilege to possess or use the persons with disabilities parking permit.

3. A peace officer as designated in section 801.4, subsection 11, shall have the authority to and shall enforce the provisions of this section on public and private property.

321L.5 Persons with disabilities parking spaces--location and requirements--review committees.

1. Persons with disabilities parking spaces and access loading zones for persons with disabilities that serve a particular building shall be located on the shortest accessible route to the nearest accessible entrance to the building.

2. A persons with disabilities parking space designated after July 1, 1990, shall comply with the dimension requirements specified in rules adopted by the department of public safety and in effect when the spaces are designated. The department shall adopt accepted national standards for dimensions of persons with disabilities spaces, consistent with the requirements of federal law. However, these dimension requirements do not apply to parallel on- street parking spaces.

3. a. The state or a political subdivision of the state which provides off-street public parking facilities or an entity providing nonresidential parking in off-street public parking facilities shall provide not less than two percent of the total parking spaces in each parking facility as persons with disabilities parking spaces, rounded to the nearest whole number of persons with disabilities parking spaces. However, such parking facilities having ten or more parking spaces shall set aside at least one persons with disabilities parking space.

b. An entity providing off-street nonresidential public parking facilities shall review the utilization of existing persons with disabilities parking spaces for a one-month period not less than once every twelve months. If upon review, the average occupancy rate for persons with disabilities parking spaces in a facility exceeds sixty percent during normal business hours, the entity shall provide additional persons with disabilities parking spaces as needed.

c. An entity providing off-street nonresidential parking as a lessor shall provide a persons with disabilities parking space to an individual requesting to lease a parking space, if that individual possesses a persons with disabilities parking permit issued in accordance with section 321L.2.

d. A new nonresidential facility in which construction has been completed on or after July 1, 1991, providing parking to the general public shall provide persons with disabilities parking spaces as stipulated below:

                       Required Minimum                                                                                                                                  Number of Persons                                                                                                           

Total Parking      with Disabilities                                                                                           

Spaces in Lot      Parking Spaces                                                                                              
                                                                                                                             

  10  to   251                                                                                                          

  26  to   502                                                                                                          

  51  to   753                                                                                                          

  76  to  1004                                                                                                           

 101  to  1505                                                                                                          

 151  to  2006                                                                                                          

 201  to  3007                                                                                                          

 301  to  4008                                                                                                          

 401  to  5009                                                                                                          

 501  to 1000*                                                                                                         

1001  and over  ** 
 

 * 2 Percent of Total                                                                                                   

**20 Spaces Plus 1 for Each 100 Over 1000 

e. Any other person may also set aside persons with disabilities parking spaces on the person's property provided each persons with disabilities parking space is clearly and prominently designated as a persons with disabilities parking space.

4. a. Cities which provide on-street parking areas within a business district shall by ordinance define and establish a business district or districts and shall designate not less than two percent of the total parking spaces within each business district as persons with disabilities parking spaces.

b. Upon petition by an individual possessing a persons with disabilities parking permit issued in accordance with section 321L.2, the city shall review utilization and location of existing persons with disabilities parking spaces for a one-month period but not more than once every twelve months. If, upon review, the average occupancy rate for persons with disabilities parking spaces exceeds sixty percent during normal business hours, the city shall provide additional persons with disabilities parking spaces as needed.

5. A persons with disabilities parking space located on a paved surface may be painted with a blue background upon which the international symbol of accessibility is painted in white or yellow paint. However, the blue background paint may be omitted. As used in this subsection, "paved surface" includes surfaces which are asphalt surfaced.

6. A persons with disabilities parking review committee may be established by the state and each political subdivision of the state which is required to provide persons with disabilities parking spaces in off-street public parking facilities according to subsection 3 and in political subdivisions required to provide persons with disabilities parking spaces for on-street parking within a business district according to subsection 4. The persons with disabilities parking review committee shall consist of five members who are persons with disabilities as defined in section 321L.1 and five members who are officials of the state or political subdivision. The persons with disabilities parking review committee shall have the discretion to increase or decrease the numbers of persons with disabilities parking spaces required by this section. A decision to change the numbers or location of persons with disabilities parking spaces shall be based upon the needs of the community, the percentage of use of the present persons with disabilities parking spaces, and the past experience of the state or political subdivision regarding persons with disabilities parking.

An individual may request the persons with disabilities parking review committee to review the amounts and locations of persons with disabilities parking spaces. The persons with disabilities parking review committee shall investigate each individual's request and shall act upon such request if the investigation substantiates the individual's complaint.

321L.6 Persons with disabilities parking sign.

A persons with disabilities parking sign shall be displayed designating the persons with disabilities parking space.

1. The persons with disabilities parking sign shall have a blue background and bear the international symbol of accessibility in white. If an entity who owns or leases real property in a city is required to provide persons with disabilities parking spaces, the city shall provide, upon request, the signs for the entity at cost. If an entity who owns or leases real property outside the corporate limits of a city is required to provide persons with disabilities parking spaces, the county in which the property is located shall provide the signs for the entity at cost upon request.

2. The persons with disabilities parking sign shall be affixed vertically on another object so that it is readily visible to a driver of a motor vehicle approaching the persons with disabilities parking space. A persons with disabilities parking space designated only by the international symbol of accessibility being painted or otherwise placed horizontally on the parking space does not meet the requirements of this subsection.

321L.7 Penalty for failing to provide persons with disabilities parking spaces and signs.

Failure to provide proper persons with disabilities parking spaces as provided in section 321L.5 or to properly display persons with disabilities parking signs as provided in section 321L.6 is a misdemeanor for which a fine of one hundred dollars shall be imposed for each violation.

321L.8 Persons with disabilities parking permits and parking--rules.

1. The department, pursuant to chapter 17A, shall adopt rules:

a. Establishing procedures for applying to the department for issuance of persons with disabilities parking permits under this chapter.

b. Governing the manner in which persons with disabilities parking permits are to be displayed in or on motor vehicles.

c. Regarding enforcement of this chapter.

2. The department of public safety shall adopt rules pursuant to chapter 17A governing the manner in which persons with disabilities parking spaces are provided.

321L.9 Reciprocity.

Persons with disabilities parking permits issued lawfully by other states and foreign governmental bodies or their political subdivisions shall be valid persons with disabilities parking permits for nonresidents traveling or visiting in this state.

321M.1 Definitions.

As used in this chapter, unless the context otherwise requires:

1. "Cluster" means a group of four to six contiguous counties serving a population area comparable to an area served by a department itinerant team, that is subject to an agreement among the participating counties that is executed pursuant to chapter 28E.

2. "Commercial driver's license" means a driver's license valid for the operation of a commercial motor vehicle, as regulated by chapter 321.

3. "County issuance" means the system or process of issuing driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, including all related testing, to the same extent that such items are issued by the department.

4. "Department" means the state department of transportation.

5. "Digitized photolicensing equipment" means the machines and related materials, obtained pursuant to contract, the use of which results in the on-site production of driver's licenses and nonoperator identification cards.

6. "Digitized photolicensing equipment contract period" means the period of time that the contract for the digitized photolicensing equipment is in effect, including any contract extensions elected by the department under the terms of the contract.

7. "Driver's license" means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a driver's, commercial driver's, temporary restricted, or temporary license and an instruction, chauffeur's instruction, commercial driver's instruction, temporary restricted, or temporary permit.

8. "Initial opt-in period" means the first opportunity for a county to indicate its interest in being authorized to participate in county issuance.

9. "Issuing county" means a county that is participating in county issuance.

10. "Itinerant team" means a traveling team of department personnel assigned to license issuance activities in a specified geographic area.

11. "Motor vehicle" means a vehicle which is self- propelled, including but not limited to automobiles, cars, motor trucks, semitrailers, motorcycles, and similar vehicles regulated under chapter 321.

12. "Nonoperator identification card" means the card issued pursuant to section 321.190 that contains information pertaining to the personal characteristics of the applicant but does not convey to the person issued the card any operating privileges for any motor vehicle.

13. "Opt in" means a county's indication of its interest in being authorized to participate in county issuance, or to continue participating in county issuance.

14. "Opt-in period" means a time period when a county may indicate its interest in being authorized to participate in county issuance, or to continue participating in county issuance.

15. "Opt out" means the choice of a county that is authorized to issue licenses to terminate that authorization and its participation in county issuance.

16. "Opt-out period" means a time period when a county that is authorized to issue licenses may terminate that authorization and its future participation in county issuance.

17. "Persons with disabilities identification devices" means those devices issued pursuant to chapter 321L.

321M.10 Supervisory authority of department.

1. The department shall retain all supervisory authority over the county treasurers who shall be subject to the supervision of the department and shall be considered agents of the department when performing driver's licensing functions.

2. Approximately one supervisor shall be assigned from the department to every six issuance sites participating in county issuance.

3. Approximately one technical computer support employee shall be assigned from the department to every twenty-four counties participating in county issuance.

4. The department shall provide issuing counties access to computer databases at a level equal to that provided to comparable department employees.

5. The department may adopt rules pursuant to chapter 17A as necessary to administer this chapter. The department may also develop operating standards as necessary to administer this chapter. The department shall consult with the Iowa county treasurers association in developing operating standards and proposed rules.

321M.11 Good faith efforts required.

The department and issuing counties shall use their best good faith efforts to work in cooperation in implementing and maintaining an effective system of county issuance.

The department and all persons involved with administration of this chapter, department procedures, and related administrative rules shall use their best good faith efforts to ensure that the application of the laws, rules, and procedures related to county issuance shall not be used to impede county issuance.

321M.2 Relation to other laws.

Notwithstanding provisions of chapter 321 or 321L that grant sole authority to the department for the issuance of driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, certain counties shall be authorized to issue driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, according to the requirements of this chapter.

321M.3 Authorization to issue licenses--initial opt-in.

1. Adams, Cass, Fremont, Mills, Montgomery, and Page counties shall be authorized to issue driver's licenses, nonoperator identification cards, and persons with disabilities identification devices on a permanent basis, provided that such counties continue to meet the department's standards for issuance.

a. Any county desiring to opt out of county issuance effective with the beginning of the next digitized photolicensing equipment contract period may do so if the cluster, minus the county opting out, is approved by the department, or if one of the alternatives for continued service by the remaining counties in the cluster is arranged pursuant to section 321M.4.

b. A county shall submit in writing to the department its election either to continue participation in county issuance, or to opt out, during the opt-out period established by the department prior to the beginning of the next digitized photolicensing equipment contract period.

2. No more than forty-two additional counties shall be authorized to issue driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, effective with the beginning of the next digitized photolicensing equipment contract period.

a. A county that is served by a permanent department facility is not eligible to opt in to county issuance.

b. An initial opt-in period shall be designated by the department for an eligible county to indicate its desire to participate in county issuance at the time when the next contract for digitized photolicensing equipment is implemented. The department may designate an opt-in period at a time sufficiently in advance of the time for submission of request for proposals related to the next digitized photolicensing equipment contract period, so that the department may accurately estimate the number of sets of equipment that will be needed under the new contract.

c. Initial participation by a county in county issuance requires prior approval in writing by the county treasurer and the board of supervisors.

d. If more than forty-two counties indicate an interest in participating in county issuance, the department shall give preference to the first forty-two counties that are approved as proposed clusters according to section 321M.4, provided that such counties have also filed the written authorizations required under paragraph "c".

3. A county may opt in to county issuance only during the initial opt-in period, unless a county is requested to participate in an existing cluster pursuant to section 321M.4. A county that is so approved by the department to join an existing cluster shall satisfy all requirements under this chapter for a county in an initial opt-in period.

321M.4 Clustering.

1. The system of county issuance shall be implemented through the use of clusters.

2. A proposed cluster shall replace one department itinerant team. However, the proposed cluster need not be composed of precisely the same counties served by an existing department itinerant team.

3. The department shall have authority to approve proposed clusters, in accordance with the following principles:

a. Proposed clusters should avoid reducing service availability to any neighboring county not part of the cluster, below service levels offered to such county by the department. This principle applies, but is not limited to, situations where service to the neighboring county by a department itinerant team would become exceedingly difficult, or would result in reduced annual hours of service availability due to the need for changes in itinerant team assignments.

b. A cluster may elect to offer service to a neighboring county outside of the proposed cluster, if approval of a cluster by the department is opposed because of difficulties in servicing one or more counties that surround the cluster, or because the cluster would require a reduction in annual hours of service availability by the department to such counties.

c. The department shall exercise its approval authority under this section in good faith, and shall consult with the Iowa county treasurers association in making its decision regarding approval of individual clusters.

4. Prior to issuing any licenses, an approved cluster shall execute an agreement among participating counties pursuant to chapter 28E, addressing the relative rights and liabilities associated with cluster activity. A copy of this agreement, as well as any subsequent alterations or addendum, shall be filed with the department within thirty days of execution.

5. If a county within a cluster opts out of county issuance during a designated opt-out period under section 321M.3 or 321M.8, or is otherwise subject to termination of all or part of its county issuance authorization, the remaining counties in the cluster may pursue one or more of the following alternatives:

a. The counties may request that one or more counties contiguous to the counties remaining in the cluster join the cluster, in accordance with this section and other provisions of this chapter.

b. The counties may elect to provide service to the terminated county, in accordance with this section and other provisions of this chapter.

6. If a cluster subject to the provisions of subsection 5 is not approved by the department for continued service as a cluster, the individual counties in the cluster shall revert to service by the department.

321M.5 Contract between the department and issuing counties.

1. The department and each county participating in county issuance shall execute an agreement pursuant to chapter 28E, detailing the relative responsibilities and liabilities of each party to the agreement.

2. The agreement required by subsection 1 shall specifically address the following issues, in addition to other issues that may be required by chapter 28E or that may otherwise be deemed necessary for inclusion in the agreement by the parties to the agreement:

a. Responsibility for collection of, and accounting for, any fees associated with the licensing process.

b. Oversight guidelines.

c. Performance standards.

d. Progressive discipline standards and measures, including appeals.

e. Rights and responsibilities during any extensions of a digitized photolicensing contract.

f. A specified opt-out period prior to each future request for proposals for digitized photolicensing equipment contracts, and procedures related to a decision to opt out by a county within a particular cluster.

3. An addendum to such an agreement may be executed by the parties, in accordance with chapter 28E.

321M.6 Certification of commercial driver's license issuance.

1. A county shall be authorized to issue commercial driver's licenses if certified to do so by the department.

2. The department shall certify the commercial driver's license issuance in a county authorized to issue licenses pursuant to section 321M.3 if all of the following conditions are met:

a. The driving skills test is the same as that which would otherwise be administered by the state.

b. The county examiner contractually agrees to comply with the requirements of 49 C.F.R. § 383.75, as adopted by rule by the department.

c. The department provides supervision over the issuance of commercial driver's licenses, including the administration of written and driving skills tests by the county treasurer. However, the failure of the department to provide appropriate supervision shall not alone be used as a reason to deny certification.

d. The county otherwise complies with the procedures for issuance of commercial driver's licenses as provided in chapter 321.

3. If a county fails to meet the standards for certification under this section, and fails to correct deficiencies according to the department's operating standards, the county's right to issue commercial driver's licenses shall be terminated, and the county shall cease issuing commercial driver's licenses. Procedures and conditions for recertification shall be addressed in the operating standards for the department.

4. The issuance of commercial driver's licenses for residents of a county whose issuance rights have been terminated under subsection 3 may be provided by other counties in the relevant cluster, according to the provisions of section 321M.5. The department is not obligated to provide service in a county for issuance of commercial driver's licenses if the county fails to meet certification standards under this section. However, the department shall facilitate appropriate arrangements for availability of such services as it deems necessary.

321M.7 Training.

1. The department shall provide a minimum of eight weeks of initial training for county personnel participating in county issuance. The maximum class size for this initial training shall be twenty people.

2. The department shall also provide individualized additional training for county personnel within each participating county office following initial training.

3. The department shall periodically offer continuing education and training opportunities to county personnel.

4. The department shall not segregate training sessions for county personnel and department employees.

5. New county personnel, including new county treasurers, who will participate in county issuance, shall complete the initial training session prior to engaging in any licensing activities. A county treasurer shall use best efforts to complete initial training as soon as possible. A county treasurer who does not make reasonable attempts to begin initial training within three months of taking office may be subject to having the county issuance program in that county placed on probation.

321M.8 New or subsequent contracts--opt-out period.

1. If entering into a new digitized photolicensing equipment contract is anticipated by the department, the department shall provide an opt-out period sufficiently prior to the issuance of a request for proposals related to such contract by the department.

2. According to the time frame established by the agreement executed pursuant to section 321M.5, during an opt- out period described in subsection 1, each issuing county shall indicate in writing to the department one of the following:

a. That the county elects to continue to participate in county issuance for the duration of the next digitized photolicensing contract period, subject to the other provisions of this chapter.

b. That the county elects to opt out of county issuance, effective at the end of the present digitized photolicensing contract period.

3. An issuing county may opt out of county issuance only during an opt-out period described under subsection 1.

321M.9 Financial responsibility.

1. Fees to counties. Notwithstanding any other provision in the Code to the contrary, the county treasurer of any county authorized to issue driver's licenses under this chapter shall retain for deposit in the county general fund three dollars and seventy-five cents of fees received for each issuance or renewal of driver's licenses and nonoperator identification cards, but shall not retain any moneys for the issuance of any persons with disabilities identification devices. The county treasurer shall remit the balance of fees to the department.

2. Digitized photolicensing equipment.

a. The department shall pay for all digitized photolicensing equipment, including that used by the department and authorized for use by issuing counties under this subsection. Moneys from the road use tax fund shall be used, subject to appropriation by the general assembly, for payment of costs associated with the purchase or lease of digitized photolicensing equipment.

b. An issuing county shall be entitled to one set of digitized photolicensing equipment, unless the county was served at multiple sites by the department, in which case the county shall be entitled to two sets of digitized photolicensing equipment. A county shall indicate at the time of opting in how many sets of equipment are needed by the county.

3. Other equipment. The department shall pay for all other equipment needed by a county to participate in county issuance, comparable to the equipment provided for issuance activities by a department itinerant team, with the exception of the following:

a. Office furniture.

b. Computer hardware needed to access department computer databases, facsimile machines used to transmit documents between the department and the county, and similar office equipment of a general nature that is not dedicated solely or primarily to the issuance process.