Text: HF02418 Text: HF02420 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. Section 306.19, subsection 6, Code Supplement 1 2 1995, is amended to read as follows: 1 3 6. If the agency determines that it is necessary to 1 4 relocatean interstate hazardous liquid pipeline as defined by1 5the federal Hazardous Liquid Pipeline Safety Act of 1979, 491 6U.S.C. } 2001, et seq.a utility facility, the agency shall 1 7 have the authority to institute and maintain proceedings on 1 8 behalf of thepipeline companyowner of the utility facility 1 9 for the condemnation of replacement property rights. The 1 10 replacement property rights shall be equal in substance to the 1 11pipeline company'sexisting rights of the owner of the utility 1 12 facility, except thatif the issue of width was not addressed,1 13 the replacement property rights shall be for a width and 1 14 location deemed appropriate and necessary for the needs of the 1 15pipeline companyowner of the utility facility, as determined 1 16 by the agency and the owner of the facility. The replacement 1 17 property rights of thepipeline companyowner of the utility 1 18 facility shall be subordinate to the rights of the agency only 1 19 to the extent necessary for the construction and maintenance 1 20 of the designated road. Within a reasonable time after 1 21 completion of thepipeline replacementrelocation, all 1 22 previously owned property rights of thepipeline companyowner 1 23 of the utility facility no longer required for operation and 1 24 maintenance of thepipelineutility facility shall be released 1 25 or conveyed to the appropriate parties. The authority of the 1 26 agency under this subsection may only be exercised upon 1 27 execution of a relocation agreement between the agency and the 1 28pipeline companyowner of the utility facility. For purposes 1 29 of this subsection, "utility facility" means an electric, gas, 1 30 water, steam power, or materials transmission or distribution 1 31 system; a transportation system; a communications system, 1 32 including cable television; and fixtures, equipment, or other 1 33 property associated with the operation, maintenance, or repair 1 34 of the system. A utility facility may be publicly, privately, 1 35 or cooperatively owned. 2 1 Sec. 2. Section 307A.2, subsection 13, Code 1995, is 2 2 amended to read as follows: 2 3 13. The criteria used by the commission for allocating 2 4 funds as a result of any long-range planning process shall be 2 5 adopted in accordance with the provisions of chapter 17A. The 2 6 commission shall adopt such rules and regulations in 2 7 accordance with the provisions of chapter 17A as it may deem 2 8 necessary to transact its business and for the administration 2 9 and exercise of its powers and duties. 2 10 Sec. 3. Section 314.9, Code 1995, is amended to read as 2 11 follows: 2 12 314.9 ENTERING PRIVATELANDPROPERTY. 2 13 The agency in control ofanya highwayor highway system or2 14the engineer, or any other authorized person employed by said2 15agency,may after thirty days' written notice by restricted 2 16 certified mail addressed to the owner and also to the 2 17 occupant, enter upon privatelandproperty for the purpose of 2 18 making surveys, soundings, drillings, appraisals, and 2 19 examinations asitthe agency deems appropriate or necessary 2 20 to determine the advisability or practicability of locating 2 21 and constructing a highwaythereonon the property or for the 2 22 purpose of determining whether gravel or other material exists 2 23 onsaid landthe property of suitable quality and in 2 24 sufficient quantity to warrant the purchase or condemnation of 2 25said land or part thereofthe property.SuchThe entry, after2 26notice,shall not be deemed a trespass, and the agency may be 2 27 aided by injunction to insure peaceful entry. The agency 2 28 shall pay actual damages caused bysuchthe entry, surveys, 2 29 soundings, drillings, appraisals, or examinations. 2 30 Any damage caused bysuchthe entry, surveys, soundings, 2 31 drillings, appraisals, or examinations shall be determined by 2 32 agreement or in the manner provided for the award of damages 2 33 in condemnation oflandthe property for highway purposes.No2 34such soundingsSoundings or drillings shall not be done within 2 35twenty rodsone hundred fifty feet of the dwelling house or 3 1 within fifty feet of other buildingson said landwithout 3 2 written consent of the owner. 3 3 Sec. 4. Section 321.89, Code Supplement 1995, is amended 3 4 to read as follows: 3 5 321.89 ABANDONED VEHICLES. 3 6 1. DEFINITIONS. As used in this section and sections 3 7 321.90 and 321.91 unless the context otherwise requires: 3 8 a. "Police authority" means the Iowa highway safety 3 9 patrol, any law enforcement agency of a county or city or any 3 10 special security officer employed by the state board of 3 11 regents under section 262.13. 3 12 b. "Abandoned vehicle" means any of the following: 3 13 (1) A vehicle that has been left unattended on public 3 14 property for more thanforty-eighttwenty-four hours and lacks 3 15 current registration plates or two or more wheels or other 3 16 parts which renders the vehicle totally inoperable, or. 3 17 (2) A vehicle that has remained illegally on public 3 18 property for more thanseventy-twotwenty-four hours, or. 3 19 (3) A vehicle that has been unlawfully parked on private 3 20 property or has been placed on private property without the 3 21 consent of the owner or person in control of the property for 3 22 more than twenty-four hours, or. 3 23 (4) A vehicle that has been legally impounded by order of 3 24 a police authority and has not been reclaimed for a period of 3 25 ten days, or. However, a police authority may declare the 3 26 vehicle abandoned within the ten-day period by commencing the 3 27 notification process in subsection 3. 3 28 (5) Any vehicle parked on the highway determined by a 3 29 police authority to create a hazard to other vehicle traffic. 3 30 (6) A vehicle that has been impounded pursuant to section 3 31 321J.4B by order of the court and whose owner has not paid the 3 32 impoundment fees after notification by the person or agency 3 33 responsible for carrying out the impoundment order. 3 34However, a vehicle shall not be considered abandoned for a3 35period of five days if its owner or operator is unable to move4 1the vehicle and notifies the police authority responsible for4 2the geographical location of the vehicle and requests4 3assistance in the removal of the vehicle.4 4 c. "Demolisher" means any city or public agency organized 4 5 for the disposal of solid waste, or any person whose business 4 6 it is to convert a vehicle to junk, processed scrap or scrap 4 7 metal, or otherwise to wreck, or dismantle vehicles. 4 8 2. AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A 4 9 police authoritymay, and on, upon the authority's own 4 10 initiative or upon the request of any other authority having 4 11 the duties of control of highways or traffic, shall take into 4 12 custodyanyan abandoned vehicle on public property and may 4 13 take into custodyanyan abandoned vehicle on private 4 14 property. A police authority taking into custody an abandoned 4 15 vehicle which has been determined to create a traffic hazard 4 16 shall report the reasons constituting the hazard in writing to 4 17 the appropriate authority having duties of control of the 4 18 highway. The police authority may employ its own personnel, 4 19 equipment, and facilities,orhireother personnela private 4 20 entity, equipment and facilities for the purpose of removing, 4 21 preserving, storing, or disposing of abandoned vehicles. If a 4 22 police authority employs a private entity to dispose of 4 23 abandoned vehicles, the police authority shall provide the 4 24 private entity with the names and addresses of the registered 4 25 owners, all lienholders of record, and any other known 4 26 claimant to the vehicle or the personal property found in the 4 27 vehicle. The owners, lienholders, or other claimants of the 4 28 abandoned vehicle shall not have a cause of action against a 4 29 private entity for action taken under this section, if the 4 30 private entity provides notice as required by subsection 3, 4 31 paragraph "a", to those persons whose names were provided by 4 32 the police authority. 4 33 3. NOTIFICATION OF OWNER, LIENHOLDERS, AND OTHER 4 34 CLAIMANTS. 4 35 a. A police authority or private entity which takes into 5 1 custody an abandoned vehicle shall notify, within twenty days, 5 2 by certified mail, the last known registered owner of the 5 3 vehicle, all lienholders of record, and any other known 5 4 claimant to the vehicle or to personal property found in the 5 5 vehicle, addressed to their last known addresses of record, 5 6 that the abandoned vehicle has been taken into custody. 5 7 Notice shall be deemed given when mailed. The notice shall 5 8 describe the year, make, model, and serial number of the 5 9 vehicle, describe the personal property found in the vehicle, 5 10 set forth the location of the facility where the vehicle is 5 11 being held, and inform the persons receiving the notice of 5 12 their right to reclaim the vehicle and personal property 5 13 withintwenty-oneten days after the effective date of the 5 14 notice upon payment of all towing, preservation, and storage 5 15 charges resulting from placing the vehicle in custody and upon 5 16 payment of the costs of notice required pursuant to this 5 17 subsection. The notice shall also state that the failure of 5 18 the owner,orlienholders, or claimants to exercise their 5 19 right to reclaim the vehicle or personal property within the 5 20 time provided shall be deemed a waiver by the owner,and all5 21 lienholders, and claimants of all right, title, claim, and 5 22 interest in the vehicle or personal property and that failure 5 23 to reclaim the vehicle or personal property is deemed consent 5 24 to the sale of the vehicle at a public auction or disposal of 5 25 the vehicle to a demolisher and to disposal of the personal 5 26 property by sale or destruction. The notice shall state that 5 27 any person claiming rightful possession of the vehicle or 5 28 personal property who disputes the planned disposition of the 5 29 vehicle or property by the police authority or private entity 5 30 or of the assessment of fees and charges provided by this 5 31 section may ask for an evidentiary hearing before the police 5 32 authority to contest those matters. If the persons receiving 5 33 the notice do not ask for a hearing or exercise their right to 5 34 reclaim the vehicle or personal property within thetwenty-5 35one-dayten-day reclaiming period, the owner,andlienholders, 6 1 or claimants shall no longer have any right, title, claim, or 6 2 interest in or to the vehicle or the personal property.NoA 6 3 court in any case in law or equity shall not recognize any 6 4 right, title, claim, or interest of the owner,and6 5 lienholders, or claimants, after the expiration of thetwenty-6 6one-dayten-day reclaiming period. 6 7 b. If the identity of the last registered owner cannot be 6 8 determined, or if the registration contains no address for the 6 9 owner, or if it is impossible to determine with reasonable 6 10 certainty the identity and addresses of all lienholders, 6 11 notice by one publication in one newspaper of general 6 12 circulation in the area where the vehicle was abandoned shall 6 13 be sufficient to meet all requirements of notice under this 6 14 section. The published notice may contain multiple listings 6 15 of abandoned vehicles and personal property but shall be 6 16 published within the same time requirements and contain the 6 17 same information as prescribed for mailed notice insubsection6 183,paragraph "a"of this section. 6 19 c. The owner,or anylienholders, or claimants may, by 6 20 written request delivered to the police authority or private 6 21 entity prior to the expiration of thetwenty-one-dayten-day 6 22 reclaiming period, obtain an additionalfourteenfive days 6 23 within which the vehicle or personal property may be 6 24 reclaimed. 6 25 4. AUCTION OF ABANDONED VEHICLES. If an abandoned vehicle 6 26 has not been reclaimed as provided for in subsection 3, the 6 27 police authority or private entity shall make a determination 6 28 as to whether or not the vehicle shall be sold for use upon 6 29 the highways. If the vehicle is not sold for use upon the 6 30 highways, it shall be sold for junk, or demolished and sold as 6 31 scrap. The police authority or private entity shall sell the 6 32 vehicle at public auction. Notwithstanding any other 6 33 provision of this section,anya police authority or private 6 34 entity, which has taken into possession any abandoned vehicle 6 35 which lacks an engine,ortwo or more wheels,oranother part 7 1 which renders the vehicle totally inoperable, or which has a 7 2 fair market value of less than five hundred dollars as 7 3 determined by the police authority or private entity, may 7 4 dispose of the vehicle to a demolisher for junk without public 7 5 auction after complying with the notification procedures 7 6enumeratedin subsection 3and without public auction. The 7 7 purchaser of the vehicle takes title free and clear of all 7 8 liens and claims of ownership, shall receive a sales receipt 7 9 from the police authority or private entity, and is entitled 7 10 to register the vehicle and receive a certificate of title if 7 11 sold for use upon the highways. If the vehicle is sold or 7 12 disposed of to a demolisher for junk, the demolisher shall 7 13 make application for a junking certificate to the county 7 14 treasurer within fifteen days of purchase and shall surrender 7 15 the sales receipt in lieu of the certificate of title. 7 16 From the proceeds of the sale of an abandoned vehicle the 7 17 police authority, if the police authority did not hire a 7 18 private entity, shall reimburse itself for the expenses of the 7 19 auction, the costs of towing, preserving, and storing which 7 20 resulted from placing the abandoned vehicle in custody, all 7 21 notice and publication costs incurred pursuant to subsection 7 22 3, the cost of inspection, and any other costs incurred except 7 23 costs of bookkeeping and other administrative costs. Any 7 24 remainder from the proceeds of a sale shall be held for the 7 25 owner of the vehicle or entitled lienholder for ninety days, 7 26 and shall then be deposited in the road use tax fund. The 7 27 costs to police authorities of auction, towing, preserving, 7 28 storage, and all notice and publication costs, and all other 7 29 costs which result from placing abandoned vehicles in custody, 7 30 whenever the proceeds from a sale of the abandoned vehicles 7 31 are insufficient to meet these expenses and costs, shall be 7 32 paid from the road use tax fund and are the obligation of the 7 33 last owner or owners, jointly and severally. 7 34 The director of transportation shall establish by rule a 7 35 claims procedure to be followed by police authorities in 8 1 obtaining expenses and costs from the fund. If a private 8 2 entity has been hired, the police authority may file a claim 8 3 with the department for reimbursement of towing fees which 8 4 shall be paid from the road use tax fund. 8 5 Sec. 5. Section 321.285, subsection 6, Code 1995, is 8 6 amended to read as follows: 8 7 6. Notwithstanding any other speed restrictions, the speed 8 8 limit for all vehicular traffic on fully controlled-access, 8 9 divided, multilaned highways including the national system of 8 10 interstate highways designated by the federal highway 8 11 administration and this state (23 U.S.C. } 103(e)) is sixty- 8 12 five miles per hour. However, the department or cities with 8 13 the approval of the department may establish a lower speed 8 14 limit upon such highways located within the corporate limits 8 15 of a city. For the purposes of this subsection a fully 8 16 controlled-access highway is a highway that gives preference 8 17 to through traffic by providing access connections with 8 18 selected public roads only and by prohibiting crossings at 8 19 grade or direct private driveway connections. A minimum speed 8 20of forty miles per hour, road conditions permitting, ismay be 8 21 established by the department on the highways referred to in 8 22 this subsection if warranted by engineering and traffic 8 23 investigations. 8 24 It is further provided that any kind of vehicle, implement, 8 25 or conveyance incapable of attaining and maintaining a speed 8 26 of forty miles per hour shall be prohibited from using the 8 27 interstate system. 8 28 Sec. 6. NEW SECTION. 573.15A EARLY RELEASE OF RETAINED 8 29 FUNDS. 8 30 Notwithstanding section 573.14, a public corporation may 8 31 release retained funds upon completion of ninety-five percent 8 32 of the contract in accordance with the following: 8 33 1. Any person, firm, or corporation who has, under 8 34 contract with the principal contractor or with subcontractors, 8 35 performed labor, or furnished materials, service, or 9 1 transportation, in the construction of the public improvement, 9 2 may file with the public corporation an itemized, sworn, 9 3 written statement of the claim for the labor, or materials, 9 4 service, or transportation. The claim shall be filed with the 9 5 public corporation either before the expiration of the thirty 9 6 days after completion of ninety-five percent of the contract 9 7 or at any time after the thirty-day period if the public 9 8 corporation has not paid the full contract price and no action 9 9 is pending to adjudicate rights in and to the unpaid portion 9 10 of the contract price. 9 11 2. The fund, as provided in section 573.13, shall be 9 12 retained by the public corporation for a period of thirty days 9 13 after ninety-five percent of the contract has been completed. 9 14 If at the end of the thirty-day period, a claim has been 9 15 filed, in accordance with this section, the public corporation 9 16 shall continue to retain from the unpaid funds, a sum equal to 9 17 double the total amount of all claims on file. The remaining 9 18 balance of the unpaid fund, or if there are no claims on file, 9 19 the entire unpaid fund, may be released and paid to the 9 20 contractor. 9 21 3. The public corporation, the principal contractor, or 9 22 any claimant for labor or materials, service, or 9 23 transportation, who has filed a claim or the surety on any 9 24 bond given for performance of the contract, at any time after 9 25 the expiration of thirty days, and not later than sixty days 9 26 after the completion of ninety-five percent of the contract, 9 27 may bring an action in equity in the county where the public 9 28 improvement is located to determine rights to moneys contained 9 29 in the fund or to enforce liability on the bond. The action 9 30 shall be brought in accordance with sections 573.16 through 9 31 573.18, with the completion of ninety-five percent of the 9 32 contract taking the place of the date of final acceptance. 9 33 4. A public corporation that releases funds at the 9 34 completion of ninety-five percent of the contract, in 9 35 accordance with this section, shall not be required to retain 10 1 additional funds. 10 2 HF 2419 10 3 js/pk/25
Text: HF02418 Text: HF02420 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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