Text: S05409 Text: S05411 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2349 as follows: 1 2 #1. Page 1, by inserting after line 35 the 1 3 following: 1 4 "Sec. . NEW SECTION. 307.31 PROPERTY 1 5 PAYMENTS. 1 6 All payments for the purchase of property acquired 1 7 by the department shall be made within sixty days of 1 8 signing a written agreement for such purchase. If the 1 9 department fails to complete the payment within sixty 1 10 days, interest shall begin to accrue on the sixty- 1 11 first day and be calculated at an annual rate equal to 1 12 the coupon issue yield equivalent, as determined by 1 13 the United States secretary of the treasury, of the 1 14 average accepted auction price for the last auction of 1 15 fifty-two-week United States treasury bills settled 1 16 immediately before the date of the award. However, 1 17 interest shall not begin to accrue after the sixty- 1 18 first day, until such time as the department obtains a 1 19 clear title and an abstract for the property. 1 20 Sec. . Section 307A.2, subsection 13, Code 1 21 1995, is amended to read as follows: 1 22 13. The criteria used by the commission for 1 23 allocating funds as a result of any long-range 1 24 planning process shall be adopted in accordance with 1 25 the provisions of chapter 17A. The commission shall 1 26 adopt such rules and regulations in accordance with 1 27 the provisions of chapter 17A as it may deem necessary 1 28 to transact its business and for the administration 1 29 and exercise of its powers and duties." 1 30 #2. Page 2, by inserting after line 27 the 1 31 following: 1 32 "Sec. . Section 321.69, subsection 3, Code 1 33 Supplement 1995, is amended to read as follows: 1 34 3. The damage disclosure statement shall be 1 35 provided by the transferor to the transferee at or 1 36 before the time of sale. If the transferor is not a 1 37 resident of this state the transferee shall not be 1 38 required to submit a damage disclosure statement from 1 39 the transferor with the transferee's application for 1 40 title unless the state of the transferor's residence 1 41 requires a damage disclosure statement. However, the 1 42 transferee shall submit a damage disclosure statement 1 43 with the transferee's application for title indicating 1 44 whether a salvage or rebuilt title had ever existed 1 45 for the vehicle, whether the vehicle had incurred 1 46 prior damage of three thousand dollars or more per 1 47 incident, and the year, make, and vehicle 1 48 identification number of the motor vehicle. The 1 49 transferee shall not be required to indicate whether 1 50 the vehicle had incurred prior damage of three 2 1 thousand dollars or more per incident under this 2 2 subsection if the transferor's certificate of title is 2 3 from another state and if it indicates that the 2 4 vehicle is salvaged and not rebuilt or is another 2 5 state's salvage certificate of title. 2 6 Sec. . Section 321.89, Code Supplement 1995, is 2 7 amended to read as follows: 2 8 321.89 ABANDONED VEHICLES. 2 9 1. DEFINITIONS. As used in this section and 2 10 sections 321.90 and 321.91 unless the context 2 11 otherwise requires: 2 12 a. "Police authority" means the Iowa highway 2 13 safety patrol, any law enforcement agency of a county 2 14 or city or any special security officer employed by 2 15 the state board of regents under section 262.13. 2 16 b. "Abandoned vehicle" means any of the following: 2 17 (1) A vehicle that has been left unattended on 2 18 public property for more thanforty-eighttwenty-four 2 19 hours and lacks current registration plates or two or 2 20 more wheels or other parts which renders the vehicle 2 21 totally inoperable, or. 2 22 (2) A vehicle that has remained illegally on 2 23 public property for more thanseventy-twotwenty-four 2 24 hours, or. 2 25 (3) A vehicle that has been unlawfully parked on 2 26 private property or has been placed on private 2 27 property without the consent of the owner or person in 2 28 control of the property for more than twenty-four 2 29 hours, or. 2 30 (4) A vehicle that has been legally impounded by 2 31 order of a police authority and has not been reclaimed 2 32 for a period of ten days, or. However, a police 2 33 authority may declare the vehicle abandoned within the 2 34 ten-day period by commencing the notification process 2 35 in subsection 3. 2 36 (5) Any vehicle parked on the highway determined 2 37 by a police authority to create a hazard to other 2 38 vehicle traffic. 2 39 (6) A vehicle that has been impounded pursuant to 2 40 section 321J.4B by order of the court and whose owner 2 41 has not paid the impoundment fees after notification 2 42 by the person or agency responsible for carrying out 2 43 the impoundment order. 2 44However, a vehicle shall not be considered2 45abandoned for a period of five days if its owner or2 46operator is unable to move the vehicle and notifies2 47the police authority responsible for the geographical2 48location of the vehicle and requests assistance in the2 49removal of the vehicle.2 50 c. "Demolisher" means any city or public agency 3 1 organized for the disposal of solid waste, or any 3 2 person whose business it is to convert a vehicle to 3 3 junk, processed scrap or scrap metal, or otherwise to 3 4 wreck, or dismantle vehicles. 3 5 2. AUTHORITY TO TAKE POSSESSION OF ABANDONED 3 6 VEHICLES. A police authoritymay, and on, upon the 3 7 authority's own initiative or upon the request of any 3 8 other authority having the duties of control of 3 9 highways or traffic, shall take into custodyanyan 3 10 abandoned vehicle on public property and may take into 3 11 custodyanyan abandoned vehicle on private property. 3 12 A police authority taking into custody an abandoned 3 13 vehicle which has been determined to create a traffic 3 14 hazard shall report the reasons constituting the 3 15 hazard in writing to the appropriate authority having 3 16 duties of control of the highway. The police 3 17 authority may employ its own personnel, equipment, and 3 18 facilities,orhireother personnela private entity, 3 19 equipment and facilities for the purpose of removing, 3 20 preserving, storing, or disposing of abandoned 3 21 vehicles. If a police authority employs a private 3 22 entity to dispose of abandoned vehicles, the police 3 23 authority shall provide the private entity with the 3 24 names and addresses of the registered owners, all 3 25 lienholders of record, and any other known claimant to 3 26 the vehicle or the personal property found in the 3 27 vehicle. The owners, lienholders, or other claimants 3 28 of the abandoned vehicle shall not have a cause of 3 29 action against a private entity for action taken under 3 30 this section, if the private entity provides notice as 3 31 required by subsection 3, paragraph "a", to those 3 32 persons whose names were provided by the police 3 33 authority. 3 34 3. NOTIFICATION OF OWNER, LIENHOLDERS, AND OTHER 3 35 CLAIMANTS. 3 36 a. A police authority or private entity which 3 37 takes into custody an abandoned vehicle shall notify, 3 38 within twenty days, by certified mail, the last known 3 39 registered owner of the vehicle, all lienholders of 3 40 record, and any other known claimant to the vehicle or 3 41 to personal property found in the vehicle, addressed 3 42 to their last known addresses of record, that the 3 43 abandoned vehicle has been taken into custody. Notice 3 44 shall be deemed given when mailed. The notice shall 3 45 describe the year, make, model, and serial number of 3 46 the vehicle, describe the personal property found in 3 47 the vehicle, set forth the location of the facility 3 48 where the vehicle is being held, and inform the 3 49 persons receiving the notice of their right to reclaim 3 50 the vehicle and personal property withintwenty-one4 1 ten days after the effective date of the notice upon 4 2 payment of all towing, preservation, and storage 4 3 charges resulting from placing the vehicle in custody 4 4 and upon payment of the costs of notice required 4 5 pursuant to this subsection. The notice shall also 4 6 state that the failure of the owner,orlienholders, 4 7 or claimants to exercise their right to reclaim the 4 8 vehicle or personal property within the time provided 4 9 shall be deemed a waiver by the owner,and all4 10 lienholders, and claimants of all right, title, claim, 4 11 and interest in the vehicle or personal property and 4 12 that failure to reclaim the vehicle or personal 4 13 property is deemed consent to the sale of the vehicle 4 14 at a public auction or disposal of the vehicle to a 4 15 demolisher and to disposal of the personal property by 4 16 sale or destruction. The notice shall state that any 4 17 person claiming rightful possession of the vehicle or 4 18 personal property who disputes the planned disposition 4 19 of the vehicle or property by the police authority or 4 20 private entity or of the assessment of fees and 4 21 charges provided by this section may ask for an 4 22 evidentiary hearing before the police authority to 4 23 contest those matters. If the persons receiving the 4 24 notice do not ask for a hearing or exercise their 4 25 right to reclaim the vehicle or personal property 4 26 within thetwenty-one-dayten-day reclaiming period, 4 27 the owner,andlienholders, or claimants shall no 4 28 longer have any right, title, claim, or interest in or 4 29 to the vehicle or the personal property.NoA court 4 30 in any case in law or equity shall not recognize any 4 31 right, title, claim, or interest of the owner,and4 32 lienholders, or claimants, after the expiration of the 4 33twenty-one-dayten-day reclaiming period. 4 34 b. If the identity of the last registered owner 4 35 cannot be determined, or if the registration contains 4 36 no address for the owner, or if it is impossible to 4 37 determine with reasonable certainty the identity and 4 38 addresses of all lienholders, notice by one 4 39 publication in one newspaper of general circulation in 4 40 the area where the vehicle was abandoned shall be 4 41 sufficient to meet all requirements of notice under 4 42 this section. The published notice may contain 4 43 multiple listings of abandoned vehicles and personal 4 44 property but shall be published within the same time 4 45 requirements and contain the same information as 4 46 prescribed for mailed notice insubsection 3,4 47 paragraph "a"of this section. 4 48 c. The owner,or anylienholders, or claimants 4 49 may, by written request delivered to the police 4 50 authority or private entity prior to the expiration of 5 1 thetwenty-one-dayten-day reclaiming period, obtain 5 2 an additionalfourteenfive days within which the 5 3 vehicle or personal property may be reclaimed. 5 4 4. AUCTION OF ABANDONED VEHICLES. If an abandoned 5 5 vehicle has not been reclaimed as provided for in 5 6 subsection 3, the police authority or private entity 5 7 shall make a determination as to whether or not the 5 8 vehicle shall be sold for use upon the highways. If 5 9 the vehicle is not sold for use upon the highways, it 5 10 shall be sold for junk, or demolished and sold as 5 11 scrap. The police authority or private entity shall 5 12 sell the vehicle at public auction. Notwithstanding 5 13 any other provision of this section,anya police 5 14 authority or private entity, which has taken into 5 15 possession any abandoned vehicle which lacks an 5 16 engine,ortwo or more wheels,oranother part which 5 17 renders the vehicle totally inoperable, or which has a 5 18 fair market value of less than five hundred dollars as 5 19 determined by the police authority or private entity, 5 20 may dispose of the vehicle to a demolisher for junk 5 21 without public auction after complying with the 5 22 notification proceduresenumeratedin subsection 3and5 23without public auction. The purchaser of the vehicle 5 24 takes title free and clear of all liens and claims of 5 25 ownership, shall receive a sales receipt from the 5 26 police authority or private entity, and is entitled to 5 27 register the vehicle and receive a certificate of 5 28 title if sold for use upon the highways. If the 5 29 vehicle is sold or disposed of to a demolisher for 5 30 junk, the demolisher shall make application for a 5 31 junking certificate to the county treasurer within 5 32 fifteen days of purchase and shall surrender the sales 5 33 receipt in lieu of the certificate of title. 5 34 From the proceeds of the sale of an abandoned 5 35 vehicle the police authority, if the police authority 5 36 did not hire a private entity, shall reimburse itself 5 37 for the expenses of the auction, the costs of towing, 5 38 preserving, and storing which resulted from placing 5 39 the abandoned vehicle in custody, all notice and 5 40 publication costs incurred pursuant to subsection 3, 5 41 the cost of inspection, and any other costs incurred 5 42 except costs of bookkeeping and other administrative 5 43 costs. Any remainder from the proceeds of a sale 5 44 shall be held for the owner of the vehicle or entitled 5 45 lienholder for ninety days, and shall then be 5 46 deposited in the road use tax fund. The costs to 5 47 police authorities of auction, towing, preserving, 5 48 storage, and all notice and publication costs, and all 5 49 other costs which result from placing abandoned 5 50 vehicles in custody, whenever the proceeds from a sale 6 1 of the abandoned vehicles are insufficient to meet 6 2 these expenses and costs, shall be paid from the road 6 3 use tax fund and are the obligation of the last owner 6 4 or owners, jointly and severally. 6 5 The director of transportation shall establish by 6 6 rule a claims procedure to be followed by police 6 7 authorities in obtaining expenses and costs from the 6 8 fund. If a private entity has been hired, the police 6 9 authority may file a claim with the department for 6 10 reimbursement of towing fees which shall be paid from 6 11 the road use tax fund." 6 12 #3. Page 3, by inserting after line 15 the 6 13 following: 6 14 "Sec. . Section 321.449, Code Supplement 1995, 6 15 is amended by adding the following new unnumbered 6 16 paragraph: 6 17 NEW UNNUMBERED PARAGRAPH. Notwithstanding other 6 18 provisions of this section, rules adopted under this 6 19 section concerning daily hours of service shall not 6 20 apply to the operators of trucks hauling cement or 6 21 cement products." 6 22 #4. Title page, by striking lines 1 through 5, and 6 23 inserting the following: "An Act relating to 6 24 transportation by granting the state department of 6 25 transportation condemnation rights for utility 6 26 facility replacement, requiring sixty day property 6 27 payments, requiring certain criteria be adopted by 6 28 administrative rule, modifying certain damage 6 29 disclosure statement requirements, providing for entry 6 30 onto private property for sounding and drilling, 6 31 exempting operators of trucks hauling cement from 6 32 certain regulations, and relating to the disposal of 6 33 abandoned vehicles, and providing for release of 6 34 retained funds for public improvements." 6 35 #5. By renumbering as necessary. 6 36 6 37 6 38 6 39 MIKE CONNOLLY 6 40 SF 2349.306 76 6 41 js/cf
Text: S05409 Text: S05411 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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