Text: HSB00711                          Text: HSB00713
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 712

Conference Committee 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.  The replacement property rights of the
  1 17 pipeline company owner of the utility facility shall be
  1 18 subordinate to the rights of the agency only to the extent
  1 19 necessary for the construction and maintenance of the
  1 20 designated road.  Within a reasonable time after completion of
  1 21 the pipeline replacement relocation, all previously owned
  1 22 property rights of the pipeline company owner of the utility
  1 23 facility no longer required for operation and maintenance of
  1 24 the pipeline utility facility shall be released or conveyed to
  1 25 the appropriate parties.  The authority of the agency under
  1 26 this subsection may only be exercised upon execution of a
  1 27 relocation agreement between the agency and the pipeline
  1 28 company owner of the utility facility.  For purposes of this
  1 29 subsection, "utility facility" means an electric, gas, water,
  1 30 steam power, or materials transmission or distribution system;
  1 31 a transportation system; a communications system, including
  1 32 cable television; and fixtures, equipment, or other property
  1 33 associated with the operation, maintenance, or repair of the
  1 34 system.  A utility facility may be publicly, privately, or
  1 35 cooperatively owned.
  2  1    Sec. 2.  NEW SECTION.  307.31  PROPERTY PAYMENTS.
  2  2    All payments for the purchase of property acquired by the
  2  3 department shall be made within sixty days of signing a
  2  4 written agreement for such purchase.  If the department fails
  2  5 to complete the payment within sixty days, interest shall
  2  6 begin to accrue on the sixty-first day and be calculated at an
  2  7 annual rate of ten percent.
  2  8    Sec. 3.  Section 307A.2, subsection 13, Code 1995, is
  2  9 amended to read as follows:
  2 10    13.  The criteria used by the commission for allocating
  2 11 funds as a result of any long-range planning process shall be
  2 12 adopted in accordance with the provisions of chapter 17A.  The
  2 13 commission shall adopt such rules and regulations in
  2 14 accordance with the provisions of chapter 17A as it may deem
  2 15 necessary to transact its business and for the administration
  2 16 and exercise of its powers and duties.
  2 17    Sec. 4.  Section 314.9, Code 1995, is amended to read as
  2 18 follows:
  2 19    314.9  ENTERING PRIVATE LAND PROPERTY.
  2 20    The agency in control of any a highway or highway system or
  2 21 the engineer, or any other authorized person employed by said
  2 22 agency, may after thirty days' written notice by restricted
  2 23 certified mail addressed to the owner and also to the
  2 24 occupant, enter upon private land property for the purpose of
  2 25 making surveys, soundings, drillings, appraisals, and
  2 26 examinations as it the agency deems appropriate or necessary
  2 27 to determine the advisability or practicability of locating
  2 28 and constructing a highway thereon on the property or for the
  2 29 purpose of determining whether gravel or other material exists
  2 30 on said land the property of suitable quality and in
  2 31 sufficient quantity to warrant the purchase or condemnation of
  2 32 said land or part thereof the property.  Such The entry, after
  2 33 notice, shall not be deemed a trespass, and the agency may be
  2 34 aided by injunction to insure peaceful entry.  The agency
  2 35 shall pay actual damages caused by such the entry, surveys,
  3  1 soundings, drillings, appraisals, or examinations.
  3  2    Any damage caused by such the entry, surveys, soundings,
  3  3 drillings, appraisals, or examinations shall be determined by
  3  4 agreement or in the manner provided for the award of damages
  3  5 in condemnation of land the property for highway purposes.  No
  3  6 such soundings Soundings or drillings shall not be done within
  3  7 twenty rods thirty feet of the dwelling house or buildings on
  3  8 said land without written consent of the owner.
  3  9    Sec. 5.  Section 321.69, subsection 3, Code Supplement
  3 10 1995, is amended to read as follows:
  3 11    3.  The damage disclosure statement shall be provided by
  3 12 the transferor to the transferee at or before the time of
  3 13 sale.  If the transferor is not a resident of this state the
  3 14 transferee shall not be required to submit a damage disclosure
  3 15 statement from the transferor with the transferee's
  3 16 application for title unless the state of the transferor's
  3 17 residence requires a damage disclosure statement.  However,
  3 18 the transferee shall submit a damage disclosure statement with
  3 19 the transferee's application for title indicating whether a
  3 20 salvage or rebuilt title had ever existed for the vehicle,
  3 21 whether the vehicle had incurred prior damage of three
  3 22 thousand dollars or more per incident, and the year, make, and
  3 23 vehicle identification number of the motor vehicle.  The
  3 24 transferee shall not be required to submit a damage disclosure
  3 25 statement under this subsection if the prior certificate of
  3 26 title is from another state and if it indicates that the
  3 27 vehicle is salvaged and not rebuilt or is another state's
  3 28 salvage certificate of title.
  3 29    Sec. 6.  Section 321.89, Code Supplement 1995, is amended
  3 30 to read as follows:
  3 31    321.89  ABANDONED VEHICLES.
  3 32    1.  DEFINITIONS.  As used in this section and sections
  3 33 321.90 and 321.91 unless the context otherwise requires:
  3 34    a.  "Police authority" means the Iowa highway safety
  3 35 patrol, any law enforcement agency of a county or city or any
  4  1 special security officer employed by the state board of
  4  2 regents under section 262.13.
  4  3    b.  "Abandoned vehicle" means any of the following:
  4  4    (1)  A vehicle that has been left unattended on public
  4  5 property for more than forty-eight twenty-four hours and lacks
  4  6 current registration plates or two or more wheels or other
  4  7 parts which renders the vehicle totally inoperable, or.
  4  8    (2)  A vehicle that has remained illegally on public
  4  9 property for more than seventy-two twenty-four hours, or.
  4 10    (3)  A vehicle that has been unlawfully parked on private
  4 11 property or has been placed on private property without the
  4 12 consent of the owner or person in control of the property for
  4 13 more than twenty-four hours, or.
  4 14    (4)  A vehicle that has been legally impounded by order of
  4 15 a police authority and has not been reclaimed for a period of
  4 16 ten days, or.  However, a police authority may declare the
  4 17 vehicle abandoned within the ten-day period by commencing the
  4 18 notification process in subsection 3.
  4 19    (5)  Any vehicle parked on the highway determined by a
  4 20 police authority to create a hazard to other vehicle traffic.
  4 21    (6)  A vehicle that has been impounded pursuant to section
  4 22 321J.4B by order of the court and whose owner has not paid the
  4 23 impoundment fees after notification by the person or agency
  4 24 responsible for carrying out the impoundment order.
  4 25    However, a vehicle shall not be considered abandoned for a
  4 26 period of five days if its owner or operator is unable to move
  4 27 the vehicle and notifies the police authority responsible for
  4 28 the geographical location of the vehicle and requests
  4 29 assistance in the removal of the vehicle.
  4 30    c.  "Demolisher" means any city or public agency organized
  4 31 for the disposal of solid waste, or any person whose business
  4 32 it is to convert a vehicle to junk, processed scrap or scrap
  4 33 metal, or otherwise to wreck, or dismantle vehicles.
  4 34    2.  AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES.  A
  4 35 police authority may, and on, upon the authority's own
  5  1 initiative or upon the request of any other authority having
  5  2 the duties of control of highways or traffic, shall take into
  5  3 custody any an abandoned vehicle on public property and may
  5  4 take into custody any an abandoned vehicle on private
  5  5 property.  A police authority taking into custody an abandoned
  5  6 vehicle which has been determined to create a traffic hazard
  5  7 shall report the reasons constituting the hazard in writing to
  5  8 the appropriate authority having duties of control of the
  5  9 highway.  The police authority may employ its own personnel,
  5 10 equipment, and facilities, or hire other personnel a private
  5 11 entity, equipment and facilities for the purpose of removing,
  5 12 preserving, storing, or disposing of abandoned vehicles.  If a
  5 13 police authority employs a private entity to dispose of
  5 14 abandoned vehicles, the police authority shall provide the
  5 15 private entity with the names and addresses of the registered
  5 16 owners, all lienholders of record, and any other known
  5 17 claimant to the vehicle or the personal property found in the
  5 18 vehicle.  The owners, lienholders, or other claimants of the
  5 19 abandoned vehicle shall not have a cause of action against a
  5 20 private entity for action taken under this section, if the
  5 21 private entity provides notice as required by subsection 3,
  5 22 paragraph "a", to those persons whose names were provided by
  5 23 the police authority.
  5 24    3.  NOTIFICATION OF OWNER, LIENHOLDERS, AND OTHER
  5 25 CLAIMANTS.
  5 26    a.  A police authority or private entity which takes into
  5 27 custody an abandoned vehicle shall notify, within twenty days,
  5 28 by certified mail, the last known registered owner of the
  5 29 vehicle, all lienholders of record, and any other known
  5 30 claimant to the vehicle or to personal property found in the
  5 31 vehicle, addressed to their last known addresses of record,
  5 32 that the abandoned vehicle has been taken into custody.
  5 33 Notice shall be deemed given when mailed.  The notice shall
  5 34 describe the year, make, model, and serial number of the
  5 35 vehicle, describe the personal property found in the vehicle,
  6  1 set forth the location of the facility where the vehicle is
  6  2 being held, and inform the persons receiving the notice of
  6  3 their right to reclaim the vehicle and personal property
  6  4 within twenty-one ten days after the effective date of the
  6  5 notice upon payment of all towing, preservation, and storage
  6  6 charges resulting from placing the vehicle in custody and upon
  6  7 payment of the costs of notice required pursuant to this
  6  8 subsection.  The notice shall also state that the failure of
  6  9 the owner, or lienholders, or claimants to exercise their
  6 10 right to reclaim the vehicle or personal property within the
  6 11 time provided shall be deemed a waiver by the owner, and all
  6 12 lienholders, and claimants of all right, title, claim, and
  6 13 interest in the vehicle or personal property and that failure
  6 14 to reclaim the vehicle or personal property is deemed consent
  6 15 to the sale of the vehicle at a public auction or disposal of
  6 16 the vehicle to a demolisher and to disposal of the personal
  6 17 property by sale or destruction.  The notice shall state that
  6 18 any person claiming rightful possession of the vehicle or
  6 19 personal property who disputes the planned disposition of the
  6 20 vehicle or property by the police authority or private entity
  6 21 or of the assessment of fees and charges provided by this
  6 22 section may ask for an evidentiary hearing before the police
  6 23 authority to contest those matters.  If the persons receiving
  6 24 the notice do not ask for a hearing or exercise their right to
  6 25 reclaim the vehicle or personal property within the twenty-
  6 26 one-day ten-day reclaiming period, the owner, and lienholders,
  6 27 or claimants shall no longer have any right, title, claim, or
  6 28 interest in or to the vehicle or the personal property.  No A
  6 29 court in any case in law or equity shall not recognize any
  6 30 right, title, claim, or interest of the owner, and
  6 31 lienholders, or claimants, after the expiration of the twenty-
  6 32 one-day ten-day reclaiming period.
  6 33    b.  If the identity of the last registered owner cannot be
  6 34 determined, or if the registration contains no address for the
  6 35 owner, or if it is impossible to determine with reasonable
  7  1 certainty the identity and addresses of all lienholders,
  7  2 notice by one publication in one newspaper of general
  7  3 circulation in the area where the vehicle was abandoned shall
  7  4 be sufficient to meet all requirements of notice under this
  7  5 section.  The published notice may contain multiple listings
  7  6 of abandoned vehicles and personal property but shall be
  7  7 published within the same time requirements and contain the
  7  8 same information as prescribed for mailed notice in subsection
  7  9 3, paragraph "a" of this section.
  7 10    c.  The owner, or any lienholders, or claimants may, by
  7 11 written request delivered to the police authority or private
  7 12 entity prior to the expiration of the twenty-one-day ten-day
  7 13 reclaiming period, obtain an additional fourteen five days
  7 14 within which the vehicle or personal property may be
  7 15 reclaimed.
  7 16    4.  AUCTION OF ABANDONED VEHICLES.  If an abandoned vehicle
  7 17 has not been reclaimed as provided for in subsection 3, the
  7 18 police authority or private entity shall make a determination
  7 19 as to whether or not the vehicle shall be sold for use upon
  7 20 the highways.  If the vehicle is not sold for use upon the
  7 21 highways, it shall be sold for junk, or demolished and sold as
  7 22 scrap.  The police authority or private entity shall sell the
  7 23 vehicle at public auction.  Notwithstanding any other
  7 24 provision of this section, any a police authority or private
  7 25 entity, which has taken into possession any abandoned vehicle
  7 26 which lacks an engine, or two or more wheels, or another part
  7 27 which renders the vehicle totally inoperable, or which has a
  7 28 fair market value of less than five hundred dollars as
  7 29 determined by the police authority or private entity, may
  7 30 dispose of the vehicle to a demolisher for junk without public
  7 31 auction after complying with the notification procedures
  7 32 enumerated in subsection 3 and without public auction.  The
  7 33 purchaser of the vehicle takes title free and clear of all
  7 34 liens and claims of ownership, shall receive a sales receipt
  7 35 from the police authority or private entity, and is entitled
  8  1 to register the vehicle and receive a certificate of title if
  8  2 sold for use upon the highways.  If the vehicle is sold or
  8  3 disposed of to a demolisher for junk, the demolisher shall
  8  4 make application for a junking certificate to the county
  8  5 treasurer within fifteen days of purchase and shall surrender
  8  6 the sales receipt in lieu of the certificate of title.
  8  7    From the proceeds of the sale of an abandoned vehicle the
  8  8 police authority, if the police authority did not hire a
  8  9 private entity, shall reimburse itself for the expenses of the
  8 10 auction, the costs of towing, preserving, and storing which
  8 11 resulted from placing the abandoned vehicle in custody, all
  8 12 notice and publication costs incurred pursuant to subsection
  8 13 3, the cost of inspection, and any other costs incurred except
  8 14 costs of bookkeeping and other administrative costs.  Any
  8 15 remainder from the proceeds of a sale shall be held for the
  8 16 owner of the vehicle or entitled lienholder for ninety days,
  8 17 and shall then be deposited in the road use tax fund.  The
  8 18 costs to police authorities of auction, towing, preserving,
  8 19 storage, and all notice and publication costs, and all other
  8 20 costs which result from placing abandoned vehicles in custody,
  8 21 whenever the proceeds from a sale of the abandoned vehicles
  8 22 are insufficient to meet these expenses and costs, shall be
  8 23 paid from the road use tax fund and are the obligation of the
  8 24 last owner or owners, jointly and severally.
  8 25    The director of transportation shall establish by rule a
  8 26 claims procedure to be followed by police authorities in
  8 27 obtaining expenses and costs from the fund.  If a private
  8 28 entity has been hired, the police authority may file a claim
  8 29 with the department for reimbursement of towing fees which
  8 30 shall be paid from the road use tax fund.
  8 31    Sec. 7.  Section 321.285, subsection 6, Code 1995, is
  8 32 amended to read as follows:
  8 33    6.  Notwithstanding any other speed restrictions, the speed
  8 34 limit for all vehicular traffic on fully controlled-access,
  8 35 divided, multilaned highways including the national system of
  9  1 interstate highways designated by the federal highway
  9  2 administration and this state (23 U.S.C.  } 103 (e)) is sixty-
  9  3 five miles per hour.  However, the department or cities with
  9  4 the approval of the department may establish a lower speed
  9  5 limit upon such highways located within the corporate limits
  9  6 of a city.  For the purposes of this subsection a fully
  9  7 controlled-access highway is a highway that gives preference
  9  8 to through traffic by providing access connections with
  9  9 selected public roads only and by prohibiting crossings at
  9 10 grade or direct private driveway connections.  A minimum speed
  9 11 of forty miles per hour, road conditions permitting, is may be
  9 12 established by the department on the highways referred to in
  9 13 this subsection if warranted by engineering and traffic
  9 14 investigations.
  9 15    It is further provided that any kind of vehicle, implement,
  9 16 or conveyance incapable of attaining and maintaining a speed
  9 17 of forty miles per hour shall be prohibited from using the
  9 18 interstate system.
  9 19    Sec. 8.  NEW SECTION.  573.15A  EARLY RELEASE OF RETAINED
  9 20 FUNDS.
  9 21    Notwithstanding section 573.14, a public corporation may
  9 22 release retained funds upon completion of ninety-five percent
  9 23 of the contract in accordance with the following:
  9 24    1.  Any person, firm, or corporation who has, under
  9 25 contract with the principal contractor or with subcontractors,
  9 26 performed labor, or furnished materials, service, or
  9 27 transportation, in the construction of the public improvement,
  9 28 may file with the public corporation an itemized, sworn,
  9 29 written statement of the claim for the labor, or materials,
  9 30 service, or transportation.  The claim shall be filed with the
  9 31 public corporation either before the expiration of the thirty
  9 32 days after completion of ninety-five percent of the contract
  9 33 or at any time after the thirty-day period if the public
  9 34 corporation has not paid the full contract price and no action
  9 35 is pending to adjudicate rights in and to the unpaid portion
 10  1 of the contract price.
 10  2    2.  The fund, as provided in section 573.13, shall be
 10  3 retained by the public corporation for a period of thirty days
 10  4 after ninety-five percent of the contract has been completed.
 10  5 If at the end of the thirty-day period, a claim has been
 10  6 filed, in accordance with this section, the public corporation
 10  7 shall continue to retain from the unpaid funds, a sum equal to
 10  8 double the total amount of all claims on file.  The remaining
 10  9 balance of the unpaid fund, or if there are no claims on file,
 10 10 the entire unpaid fund, may be released and paid to the
 10 11 contractor.
 10 12    3.  The public corporation, the principal contractor, or
 10 13 any claimant for labor or materials, service, or
 10 14 transportation, who has filed a claim or the surety on any
 10 15 bond given for performance of the contract, at any time after
 10 16 the expiration of thirty days, and not later than sixty days
 10 17 after the completion of ninety-five percent of the contract,
 10 18 may bring an action in equity in the county where the public
 10 19 improvement is located to determine rights to moneys contained
 10 20 in the fund or to enforce liability on the bond.  The action
 10 21 shall be brought in accordance with sections 573.16 through
 10 22 573.18, with the completion of ninety-five percent of the
 10 23 contract taking the place of the date of final acceptance.
 10 24    4.  A public corporation that releases funds at the
 10 25 completion of ninety-five percent of the contract, in
 10 26 accordance with this section, shall not be required to retain
 10 27 additional funds.  
 10 28                           EXPLANATION
 10 29    The amendment to section 306.19 gives the state department
 10 30 of transportation authority to institute and maintain
 10 31 proceedings on behalf of the owner of a utility facility for
 10 32 the condemnation of replacement property rights when the
 10 33 construction or maintenance of a road requires condemnation of
 10 34 the property on which the utility facility is located.  The
 10 35 replacement rights must be equal to the existing rights that
 11  1 the owner of the utility facility possessed.  "Utility
 11  2 facility" is defined in the bill to mean any electric, gas,
 11  3 water, steam power, or materials transmission or distribution
 11  4 system; a transportation system; a communications system,
 11  5 including cable television; and fixtures, equipment, or other
 11  6 property associated with the operation, maintenance, or repair
 11  7 of the system.  A utility facility may be publicly, privately,
 11  8 or cooperatively owned.
 11  9    Section 307.31 is created and provides that payments for
 11 10 the purchase of property acquired by the state department of
 11 11 transportation must be made within 60 days of signing a
 11 12 written agreement for the purchase.  If the department fails
 11 13 to complete the payment within 60 days, interest begins to
 11 14 accrue on the 61st day and is calculated at an annual rate of
 11 15 10 percent.
 11 16    Section 307A.2 is amended to require the state department
 11 17 of transportation to follow the administrative rulemaking
 11 18 provisions of chapter 17A when adopting criteria for the
 11 19 allocation of funds as a result of any long-range planning
 11 20 process.
 11 21    Section 321.69 is amended to provide that a transferee of a
 11 22 motor vehicle does not have to file a damage disclosure
 11 23 statement if the prior certificate of title is from another
 11 24 state and indicates that the vehicle is salvaged and not
 11 25 rebuilt or the other state's certificate of title is a salvage
 11 26 title.
 11 27    Section 314.9 currently allows the agency in control of any
 11 28 highway to enter onto private property for the purpose of
 11 29 making surveys, soundings, drillings, appraisals, and
 11 30 examination of property to determine the practicability and
 11 31 advisability of constructing a highway or determining whether
 11 32 gravel or other materials exist on the property of sufficient
 11 33 quantity to warrant the purchase of the property.  This bill
 11 34 amends the prohibition on sounding and drilling from within 20
 11 35 rods, which is equivalent to 330 feet of the dwelling house or
 12  1 building to within 30 feet of the dwelling house or building
 12  2 without the written consent of the property owner.
 12  3    This bill makes several changes to section 321.89 relating
 12  4 to the process for disposing of abandoned motor vehicles.
 12  5 Current law defines a vehicle as abandoned that has been left
 12  6 unattended on public property for more than 48 hours and lacks
 12  7 current registration plates, or two or more wheels, or other
 12  8 parts which render the vehicle totally inoperable or that has
 12  9 remained illegally on public property for more than 72 hours.
 12 10 This bill changes the time periods from 48 hours to 24 hours
 12 11 and from 72 hours to 24 hours, respectively.  The bill allows
 12 12 a police authority to declare a vehicle abandoned within the
 12 13 10-day period currently required by section 321.89, if the
 12 14 notification process has been commenced.  The bill eliminates
 12 15 a provision that allowed a five-day period before a vehicle
 12 16 was declared abandoned if the owner or operator notified the
 12 17 police authority that the owner or operator was unable to move
 12 18 the vehicle.  The bill allows for a private entity to dispose
 12 19 of abandoned vehicles, requires the private entity to follow
 12 20 the notification provisions contained in section 321.89, and
 12 21 protects the private entity from suit if notification
 12 22 procedures were followed.  The bill allows for sale or
 12 23 destruction of personal property found within the abandoned
 12 24 vehicle and allows for disposal of an abandoned vehicle to a
 12 25 demolisher for junk if the vehicle has a fair market value of
 12 26 less than $500, as determined by the police authority or
 12 27 private entity.  The bill provides that unpaid costs remain
 12 28 the obligation of the last owner of record and that a police
 12 29 authority may file a claim with the state department of
 12 30 transportation for reimbursement of towing costs of a private
 12 31 entity from the road use tax fund.
 12 32    The bill allows the state department of transportation to
 12 33 establish a minimum speed limit on certain highways as
 12 34 warranted by engineering and traffic investigations.
 12 35    This bill creates new section 573.15A which establishes a
 13  1 procedure for the release of retained funds by a public
 13  2 corporation to a contractor after completion of 95 percent of
 13  3 the work contracted for a public improvement.  The section
 13  4 provides that a person, firm, or corporation who has, under
 13  5 contract with the principal contractor or with subcontractors,
 13  6 performed labor, or furnished materials, service, or
 13  7 transportation, in the construction of the public improvement,
 13  8 may file a claim with the public corporation for the labor, or
 13  9 materials, service, or transportation.  The fund shall be
 13 10 retained by the public corporation for a period of 30 days
 13 11 after 95 percent of the contract has been completed.  If at
 13 12 the end of the 30-day period, a claim has been filed, the
 13 13 public corporation must retain from the unpaid funds, a sum
 13 14 equal to double the total amount of all claims on file.  The
 13 15 remaining balance of the unpaid fund, or if there are no
 13 16 claims on file, the entire unpaid fund, may then be released
 13 17 and paid to the contractor.  The public corporation, the
 13 18 principal contractor, or any claimant for labor or materials,
 13 19 service, or transportation who has filed a claim or the surety
 13 20 on any bond given for performance of the contract, at any time
 13 21 after the expiration of 30 days, and not later than 60 days
 13 22 after the completion of 95 percent of the contract, may bring
 13 23 an action in equity in the county where the public improvement
 13 24 is located to determine rights to moneys contained in the fund
 13 25 or to enforce liability on the bond.  
 13 26 LSB 4377HC 76
 13 27 js/cf/24

Text: HSB00711                          Text: HSB00713
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