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House File 2419

Partial Bill History

Bill Text

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 relocate an interstate hazardous liquid pipeline as defined by
  1  5 the federal Hazardous Liquid Pipeline Safety Act of 1979, 49
  1  6 U.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 the pipeline company owner 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 11 pipeline company's existing rights of the owner of the utility
  1 12 facility, except that if 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 15 pipeline company owner of the utility facility, as determined
  1 16 by the agency and the owner of the facility.  The replacement
  1 17 property rights of the pipeline company owner 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 the pipeline replacement relocation, all
  1 22 previously owned property rights of the pipeline company owner
  1 23 of the utility facility no longer required for operation and
  1 24 maintenance of the pipeline utility 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 28 pipeline company owner 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 PRIVATE LAND PROPERTY.
  2 13    The agency in control of any a highway or highway system or
  2 14 the engineer, or any other authorized person employed by said
  2 15 agency, 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 private land property for the purpose of
  2 18 making surveys, soundings, drillings, appraisals, and
  2 19 examinations as it the agency deems appropriate or necessary
  2 20 to determine the advisability or practicability of locating
  2 21 and constructing a highway thereon on the property or for the
  2 22 purpose of determining whether gravel or other material exists
  2 23 on said land the property of suitable quality and in
  2 24 sufficient quantity to warrant the purchase or condemnation of
  2 25 said land or part thereof the property.  Such The entry, after
  2 26 notice, 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 by such the entry, surveys,
  2 29 soundings, drillings, appraisals, or examinations.
  2 30    Any damage caused by such the 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 of land the property for highway purposes.  No
  2 34 such soundings Soundings or drillings shall not be done within
  2 35 twenty rods one hundred fifty feet of the dwelling house or
  3  1 within fifty feet of other buildings on said land without
  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 than forty-eight twenty-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 than seventy-two twenty-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 34    However, a vehicle shall not be considered abandoned for a
  3 35 period of five days if its owner or operator is unable to move
  4  1 the vehicle and notifies the police authority responsible for
  4  2 the geographical location of the vehicle and requests
  4  3 assistance 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 authority may, 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 custody any an abandoned vehicle on public property and may
  4 13 take into custody any an 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, or hire other personnel a 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 within twenty-one ten 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, or lienholders, 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 all
  5 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 the twenty-
  5 35 one-day ten-day reclaiming period, the owner, and lienholders,
  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.  No A
  6  3 court in any case in law or equity shall not recognize any
  6  4 right, title, claim, or interest of the owner, and
  6  5 lienholders, or claimants, after the expiration of the twenty-
  6  6 one-day ten-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 in subsection
  6 18 3, paragraph "a" of this section.
  6 19    c.  The owner, or any lienholders, or claimants may, by
  6 20 written request delivered to the police authority or private
  6 21 entity prior to the expiration of the twenty-one-day ten-day
  6 22 reclaiming period, obtain an additional fourteen five 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, any a police authority or private
  6 34 entity, which has taken into possession any abandoned vehicle
  6 35 which lacks an engine, or two or more wheels, or another 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  6 enumerated in subsection 3 and 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 20 of forty miles per hour, road conditions permitting, is may 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
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