Text: SSB02037 Text: SSB02039 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 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 15pipeline companyowner of the utility facility, as determined 1 16 by the agency. The replacement property rights of the 1 17pipeline companyowner 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 thepipeline replacementrelocation, all previously owned 1 22 property rights of thepipeline companyowner of the utility 1 23 facility no longer required for operation and maintenance of 1 24 thepipelineutility 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 thepipeline1 28companyowner 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. Section 314.9, Code 1995, is amended to read as 2 2 follows: 2 3 314.9 ENTERING PRIVATELANDPROPERTY. 2 4 The agency in control ofanya highwayor highway system or2 5the engineer, or any other authorized person employed by said2 6agency,may after thirty days' written notice by restricted 2 7 certified mail addressed to the owner and also to the 2 8 occupant, enter upon privatelandproperty for the purpose of 2 9 making surveys, soundings, drillings, appraisals, and 2 10 examinations asitthe agency deems appropriate or necessary 2 11 to determine the advisability or practicability of locating 2 12 and constructing a highwaythereonon the property or for the 2 13 purpose of determining whether gravel or other material exists 2 14 onsaid landthe property of suitable quality and in 2 15 sufficient quantity to warrant the purchase or condemnation of 2 16said land or part thereofthe property.SuchThe entry, after2 17notice,shall not be deemed a trespass, and the agency may be 2 18 aided by injunction to insure peaceful entry. The agency 2 19 shall pay actual damages caused bysuchthe entry, surveys, 2 20 soundings, drillings, appraisals, or examinations. 2 21 Any damage caused bysuchthe entry, surveys, soundings, 2 22 drillings, appraisals, or examinations shall be determined by 2 23 agreement or in the manner provided for the award of damages 2 24 in condemnation oflandthe property for highway purposes.No2 25such soundingsSoundings or drillings shall not be done within 2 26twenty rodsthirty feet of the dwelling house or buildingson2 27said landwithout written consent of the owner. 2 28 Sec. 3. Section 321.89, Code Supplement 1995, is amended 2 29 to read as follows: 2 30 321.89 ABANDONED VEHICLES. 2 31 1. DEFINITIONS. As used in this section and sections 2 32 321.90 and 321.91 unless the context otherwise requires: 2 33 a. "Police authority" means the Iowa highway safety 2 34 patrol, any law enforcement agency of a county or city or any 2 35 special security officer employed by the state board of 3 1 regents under section 262.13. 3 2 b. "Abandoned vehicle" means any of the following: 3 3 (1) A vehicle that has been left unattended on public 3 4 property for more thanforty-eighttwenty-four hours and lacks 3 5 current registration plates or two or more wheels or other 3 6 parts which renders the vehicle totally inoperable, or. 3 7 (2) A vehicle that has remained illegally on public 3 8 property for more thanseventy-twotwenty-four hours, or. 3 9 (3) A vehicle that has been unlawfully parked on private 3 10 property or has been placed on private property without the 3 11 consent of the owner or person in control of the property for 3 12 more than twenty-four hours, or. 3 13 (4) A vehicle that has been legally impounded by order of 3 14 a police authority and has not been reclaimed for a period of 3 15 ten days, or. However, a police authority may declare the 3 16 vehicle abandoned within the ten-day period by commencing the 3 17 notification process in subsection 3. 3 18 (5) Any vehicle parked on the highway determined by a 3 19 police authority to create a hazard to other vehicle traffic. 3 20 (6) A vehicle that has been impounded pursuant to section 3 21 321J.4B by order of the court and whose owner has not paid the 3 22 impoundment fees after notification by the person or agency 3 23 responsible for carrying out the impoundment order. 3 24However, a vehicle shall not be considered abandoned for a3 25period of five days if its owner or operator is unable to move3 26the vehicle and notifies the police authority responsible for3 27the geographical location of the vehicle and requests3 28assistance in the removal of the vehicle.3 29 c. "Demolisher" means any city or public agency organized 3 30 for the disposal of solid waste, or any person whose business 3 31 it is to convert a vehicle to junk, processed scrap or scrap 3 32 metal, or otherwise to wreck, or dismantle vehicles. 3 33 2. AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A 3 34 police authoritymay, and on, upon the authority's own 3 35 initiative or upon the request of any other authority having 4 1 the duties of control of highways or traffic, shall take into 4 2 custodyanyan abandoned vehicle on public property and may 4 3 take into custodyanyan abandoned vehicle on private 4 4 property. A police authority taking into custody an abandoned 4 5 vehicle which has been determined to create a traffic hazard 4 6 shall report the reasons constituting the hazard in writing to 4 7 the appropriate authority having duties of control of the 4 8 highway. The police authority may employ its own personnel, 4 9 equipment, and facilities,orhireother personnela private 4 10 entity, equipment and facilities for the purpose of removing, 4 11 preserving, storing, or disposing of abandoned vehicles. If a 4 12 police authority employs a private entity to dispose of 4 13 abandoned vehicles, the police authority shall provide the 4 14 private entity with the names and addresses of the registered 4 15 owners, all lienholders of record, and any other known 4 16 claimant to the vehicle or the personal property found in the 4 17 vehicle. The owners, lienholders, or other claimants of the 4 18 abandoned vehicle shall not have a cause of action against a 4 19 private entity for action taken under this section, if the 4 20 private entity provides notice as required by subsection 3, 4 21 paragraph "a", to those persons whose names were provided by 4 22 the police authority. 4 23 3. NOTIFICATION OF OWNER, LIENHOLDERS, AND OTHER 4 24 CLAIMANTS. 4 25 a. A police authority or private entity which takes into 4 26 custody an abandoned vehicle shall notify, within twenty days, 4 27 by certified mail, the last known registered owner of the 4 28 vehicle, all lienholders of record, and any other known 4 29 claimant to the vehicle or to personal property found in the 4 30 vehicle, addressed to their last known addresses of record, 4 31 that the abandoned vehicle has been taken into custody. 4 32 Notice shall be deemed given when mailed. The notice shall 4 33 describe the year, make, model, and serial number of the 4 34 vehicle, describe the personal property found in the vehicle, 4 35 set forth the location of the facility where the vehicle is 5 1 being held, and inform the persons receiving the notice of 5 2 their right to reclaim the vehicle and personal property 5 3 withintwenty-oneten days after the effective date of the 5 4 notice upon payment of all towing, preservation, and storage 5 5 charges resulting from placing the vehicle in custody and upon 5 6 payment of the costs of notice required pursuant to this 5 7 subsection. The notice shall also state that the failure of 5 8 the owner,orlienholders, or claimants to exercise their 5 9 right to reclaim the vehicle or personal property within the 5 10 time provided shall be deemed a waiver by the owner,and all5 11 lienholders, and claimants of all right, title, claim, and 5 12 interest in the vehicle or personal property and that failure 5 13 to reclaim the vehicle or personal property is deemed consent 5 14 to the sale of the vehicle at a public auction or disposal of 5 15 the vehicle to a demolisher and to disposal of the personal 5 16 property by sale or destruction. The notice shall state that 5 17 any person claiming rightful possession of the vehicle or 5 18 personal property who disputes the planned disposition of the 5 19 vehicle or property by the police authority or private entity 5 20 or of the assessment of fees and charges provided by this 5 21 section may ask for an evidentiary hearing before the police 5 22 authority to contest those matters. If the persons receiving 5 23 the notice do not ask for a hearing or exercise their right to 5 24 reclaim the vehicle or personal property within thetwenty-5 25one-dayten-day reclaiming period, the owner,andlienholders, 5 26 or claimants shall no longer have any right, title, claim, or 5 27 interest in or to the vehicle or the personal property.NoA 5 28 court in any case in law or equity shall not recognize any 5 29 right, title, claim, or interest of the owner,and5 30 lienholders, or claimants, after the expiration of thetwenty-5 31one-dayten-day reclaiming period. 5 32 b. If the identity of the last registered owner cannot be 5 33 determined, or if the registration contains no address for the 5 34 owner, or if it is impossible to determine with reasonable 5 35 certainty the identity and addresses of all lienholders, 6 1 notice by one publication in one newspaper of general 6 2 circulation in the area where the vehicle was abandoned shall 6 3 be sufficient to meet all requirements of notice under this 6 4 section. The published notice may contain multiple listings 6 5 of abandoned vehicles and personal property but shall be 6 6 published within the same time requirements and contain the 6 7 same information as prescribed for mailed notice insubsection6 83,paragraph "a"of this section. 6 9 c. The owner,or anylienholders, or claimants may, by 6 10 written request delivered to the police authority or private 6 11 entity prior to the expiration of thetwenty-one-dayten-day 6 12 reclaiming period, obtain an additionalfourteenfive days 6 13 within which the vehicle or personal property may be 6 14 reclaimed. 6 15 4. AUCTION OF ABANDONED VEHICLES. If an abandoned vehicle 6 16 has not been reclaimed as provided for in subsection 3, the 6 17 police authority or private entity shall make a determination 6 18 as to whether or not the vehicle shall be sold for use upon 6 19 the highways. If the vehicle is not sold for use upon the 6 20 highways, it shall be sold for junk, or demolished and sold as 6 21 scrap. The police authority or private entity shall sell the 6 22 vehicle at public auction. Notwithstanding any other 6 23 provision of this section,anya police authority or private 6 24 entity, which has taken into possession any abandoned vehicle 6 25 which lacks an engine,ortwo or more wheels,oranother part 6 26 which renders the vehicle totally inoperable, or which has a 6 27 fair market value of less than five hundred dollars as 6 28 determined by the police authority or private entity, may 6 29 dispose of the vehicle to a demolisher for junk without public 6 30 auction after complying with the notification procedures 6 31enumeratedin subsection 3and without public auction. The 6 32 purchaser of the vehicle takes title free and clear of all 6 33 liens and claims of ownership, shall receive a sales receipt 6 34 from the police authority or private entity, and is entitled 6 35 to register the vehicle and receive a certificate of title if 7 1 sold for use upon the highways. If the vehicle is sold or 7 2 disposed of to a demolisher for junk, the demolisher shall 7 3 make application for a junking certificate to the county 7 4 treasurer within fifteen days of purchase and shall surrender 7 5 the sales receipt in lieu of the certificate of title. 7 6 From the proceeds of the sale of an abandoned vehicle the 7 7 police authority, if the police authority did not hire a 7 8 private entity, shall reimburse itself for the expenses of the 7 9 auction, the costs of towing, preserving, and storing which 7 10 resulted from placing the abandoned vehicle in custody, all 7 11 notice and publication costs incurred pursuant to subsection 7 12 3, the cost of inspection, and any other costs incurred except 7 13 costs of bookkeeping and other administrative costs. Any 7 14 remainder from the proceeds of a sale shall be held for the 7 15 owner of the vehicle or entitled lienholder for ninety days, 7 16 and shall then be deposited in the road use tax fund. The 7 17 costs to police authorities of auction, towing, preserving, 7 18 storage, and all notice and publication costs, and all other 7 19 costs which result from placing abandoned vehicles in custody, 7 20 whenever the proceeds from a sale of the abandoned vehicles 7 21 are insufficient to meet these expenses and costs, shall be 7 22 paid from the road use tax fund and are the obligation of the 7 23 last owner or owners, jointly and severally. 7 24 The director of transportation shall establish by rule a 7 25 claims procedure to be followed by police authorities in 7 26 obtaining expenses and costs from the fund. If a private 7 27 entity has been hired, the police authority may file a claim 7 28 with the department for reimbursement of towing fees which 7 29 shall be paid from the road use tax fund. 7 30 Sec. 4. Section 321.189, subsection 7, unnumbered 7 31 paragraph 1, Code Supplement 1995, is amended to read as 7 32 follows: 7 33 A person applying for a driver's license valid for the 7 34 operation of a motorcycle shall be required to successfully 7 35 complete a motorcycle education course either approved and 8 1 established by the departmentof educationor from a private 8 2 or commercial driver education school licensed by the 8 3 department before the class M license will be issued. A 8 4 public school district shall charge a student a fee which 8 5 shall not exceed the actual cost of instruction minus moneys 8 6 received by the school district under subsection 9. 8 7 Sec. 5. Section 321.189, subsection 8, paragraph a, Code 8 8 Supplement 1995, is amended to read as follows: 8 9 a. The department may issue a driver's license valid only 8 10 for operation of a motorized bicycle to a person fourteen 8 11 years of age or older who has passed a vision test or who 8 12 files a vision report as provided in section 321.186A which 8 13 shows that the applicant's visual acuity level meets or 8 14 exceeds those required by the department and who passes a 8 15 written examination on the rules of the road. A person under 8 16 the age of sixteen applying for a driver's license valid only 8 17 for operation of a motorized bicycle shall also be required to 8 18 successfully complete a motorized bicycle education course 8 19 approved and established by the departmentof educationor 8 20 successfully complete an approved motorized bicycle education 8 21 course at a private or commercial driver education school 8 22 licensed by the department. A public school district shall 8 23 charge a student a fee which shall not exceed the actual cost 8 24 of instruction. A driver's license valid only for operation 8 25 of a motorized bicycle entitles the licensee to operate a 8 26 motorized bicycle upon the highway while having the license in 8 27 the licensee's immediate possession. The license is valid for 8 28 a period not to exceed two years from the licensee's birthday 8 29 anniversary in the year of issuance, subject to termination or 8 30 cancellation as provided in this section. 8 31 Sec. 6. Section 321.189, subsection 9, Code Supplement 8 32 1995, is amended to read as follows: 8 33 9. MOTORCYCLE RIDER EDUCATION FUND. The motorcycle rider 8 34 education fund is established in the office of the treasurer 8 35 of state. The moneys credited to the fund are appropriated to 9 1 the departmentof educationto be used to establish new 9 2 motorcycle rider education courses and reimburse sponsors of 9 3 motorcycle rider education courses for the costs of providing 9 4 motorcycle rider education courses approved and established by 9 5 the departmentof education. The departmentof education9 6 shall adopt rules under chapter 17A providing for the 9 7 distribution of moneys to sponsors of motorcycle rider 9 8 education courses based upon the costs of providing the 9 9 education courses. 9 10 Sec. 7. Section 321.285, subsection 6, Code 1995, is 9 11 amended to read as follows: 9 12 6. Notwithstanding any other speed restrictions, the speed 9 13 limit for all vehicular traffic on fully controlled-access, 9 14 divided, multilaned highways including the national system of 9 15 interstate highways designated by the federal highway 9 16 administration and this state (23 U.S.C. } 103 (e)) is sixty- 9 17 five miles per hour. However, the department or cities with 9 18 the approval of the department may establish a lower speed 9 19 limit upon such highways located within the corporate limits 9 20 of a city. For the purposes of this subsection a fully 9 21 controlled-access highway is a highway that gives preference 9 22 to through traffic by providing access connections with 9 23 selected public roads only and by prohibiting crossings at 9 24 grade or direct private driveway connections. A minimum speed 9 25of forty miles per hour, road conditions permitting, ismay be 9 26 established by the department on the highways referred to in 9 27 this subsection if warranted by engineering and traffic 9 28 investigations. 9 29 It is further provided that any kind of vehicle, implement, 9 30 or conveyance incapable of attaining and maintaining a speed 9 31 of forty miles per hour shall be prohibited from using the 9 32 interstate system. 9 33 Sec. 8. NEW SECTION. 573.15A EARLY RELEASE OF RETAINED 9 34 FUNDS. 9 35 Notwithstanding section 573.14, a public corporation may 10 1 release retained funds upon completion of ninety-five percent 10 2 of the contract in accordance with the following: 10 3 1. Any person, firm, or corporation who has, under 10 4 contract with the principal contractor or with subcontractors, 10 5 performed labor, or furnished materials, service, or 10 6 transportation, in the construction of the public improvement, 10 7 may file with the public corporation an itemized, sworn, 10 8 written statement of the claim for the labor, or materials, 10 9 service, or transportation. The claim shall be filed with the 10 10 public corporation either before the expiration of the thirty 10 11 days after completion of ninety-five percent of the contract 10 12 or at any time after the thirty-day period if the public 10 13 corporation has not paid the full contract price and no action 10 14 is pending to adjudicate rights in and to the unpaid portion 10 15 of the contract price. 10 16 2. The fund, as provided in section 573.13, shall be 10 17 retained by the public corporation for a period of thirty days 10 18 after ninety-five percent of the contract has been completed. 10 19 If at the end of the thirty-day period, a claim has been 10 20 filed, in accordance with this section, the public corporation 10 21 shall continue to retain from the unpaid funds, a sum equal to 10 22 double the total amount of all claims on file. The remaining 10 23 balance of the unpaid fund, or if there are no claims on file, 10 24 the entire unpaid fund, may be released and paid to the 10 25 contractor. 10 26 3. The public corporation, the principal contractor, or 10 27 any claimant for labor or materials, service, or 10 28 transportation, who has filed a claim or the surety on any 10 29 bond given for performance of the contract, at any time after 10 30 the expiration of thirty days, and not later than sixty days 10 31 after the completion of ninety-five percent of the contract, 10 32 may bring an action in equity in the county where the public 10 33 improvement is located to determine rights to moneys contained 10 34 in the fund or to enforce liability on the bond. The action 10 35 shall be brought in accordance with sections 573.16 through 11 1 573.18, with the completion of ninety-five percent of the 11 2 contract taking the place of the date of final acceptance. 11 3 4. A public corporation that releases funds at the 11 4 completion of ninety-five percent of the contract, in 11 5 accordance with this section, shall not be required to retain 11 6 additional funds. 11 7 EXPLANATION 11 8 The amendment to section 306.19 gives the state department 11 9 of transportation authority to institute and maintain 11 10 proceedings on behalf of the owner of a utility facility for 11 11 the condemnation of replacement property rights when the 11 12 construction or maintenance of a road requires condemnation of 11 13 the property on which the utility facility is located. The 11 14 replacement rights must be equal to the existing rights that 11 15 the owner of the utility facility possessed. "Utility 11 16 facility" is defined in the bill to mean any electric, gas, 11 17 water, steam power, or materials transmission or distribution 11 18 system; a transportation system; a communications system, 11 19 including cable television; and fixtures, equipment, or other 11 20 property associated with the operation, maintenance, or repair 11 21 of the system. A utility facility may be publicly, privately, 11 22 or cooperatively owned. 11 23 Section 314.9 currently allows the agency in control of any 11 24 highway to enter onto private property for the purpose of 11 25 making surveys, soundings, drillings, appraisals, and 11 26 examination of property to determine the practicability and 11 27 advisability of constructing a highway or determining whether 11 28 gravel or other materials exist on the property of sufficient 11 29 quantity to warrant the purchase of the property. This bill 11 30 amends the prohibition on sounding and drilling from within 20 11 31 rods, which is equivalent to 330 feet of the dwelling house or 11 32 building to within 30 feet of the dwelling house or building 11 33 without the written consent of the property owner. 11 34 This bill makes several changes to section 321.89 relating 11 35 to the process for disposing of abandoned motor vehicles. 12 1 Current law defines a vehicle as abandoned that has been left 12 2 unattended on public property for more than 48 hours and lacks 12 3 current registration plates, or two or more wheels, or other 12 4 parts which render the vehicle totally inoperable or that has 12 5 remained illegally on public property for more than 72 hours. 12 6 This bill changes the time periods from 48 hours to 24 hours 12 7 and from 72 hours to 24 hours, respectively. The bill allows 12 8 a police authority to declare a vehicle abandoned within the 12 9 10-day period currently required by section 321.89, if the 12 10 notification process has been commenced. The bill eliminates 12 11 a provision that allowed a five-day period before a vehicle 12 12 was declared abandoned if the owner or operator notified the 12 13 police authority that the owner or operator was unable to move 12 14 the vehicle. The bill allows for a private entity to dispose 12 15 of abandoned vehicles, requires the private entity to follow 12 16 the notification provisions contained in section 321.89, and 12 17 protects the private entity from suit if notification 12 18 procedures were followed. The bill allows for sale or 12 19 destruction of personal property found within the abandoned 12 20 vehicle and allows for disposal of an abandoned vehicle to a 12 21 demolisher for junk if the vehicle has a fair market value of 12 22 less than $500, as determined by the police authority or 12 23 private entity. The bill provides that unpaid costs remain 12 24 the obligation of the last owner of record and that a police 12 25 authority may file a claim with the state department of 12 26 transportation for reimbursement of towing costs of a private 12 27 entity from the road use tax fund. 12 28 The amendments to section 321.189 transfer the 12 29 responsibilities for approving and establishing motorcycle and 12 30 motorized bicycle education courses and the use of moneys in 12 31 the motorcycle rider education fund from the department of 12 32 education to the state department of transportation. 12 33 The bill allows the state department of transportation to 12 34 establish a minimum speed limit on certain highways as 12 35 warranted by engineering and traffic investigations. 13 1 This bill creates new section 573.15A which establishes a 13 2 procedure for the release of retained funds by a public 13 3 corporation to a contractor after completion of 95 percent of 13 4 the work contracted for a public improvement. The section 13 5 provides that a person, firm, or corporation who has, under 13 6 contract with the principal contractor or with subcontractors, 13 7 performed labor, or furnished materials, service, or 13 8 transportation, in the construction of the public improvement, 13 9 may file a claim with the public corporation for the labor, or 13 10 materials, service, or transportation. The fund shall be 13 11 retained by the public corporation for a period of 30 days 13 12 after 95 percent of the contract has been completed. If at 13 13 the end of the 30-day period, a claim has been filed, the 13 14 public corporation must retain from the unpaid funds, a sum 13 15 equal to double the total amount of all claims on file. The 13 16 remaining balance of the unpaid fund, or if there are no 13 17 claims on file, the entire unpaid fund, may then be released 13 18 and paid to the contractor. The public corporation, the 13 19 principal contractor, or any claimant for labor or materials, 13 20 service, or transportation who has filed a claim or the surety 13 21 on any bond given for performance of the contract, at any time 13 22 after the expiration of 30 days, and not later than 60 days 13 23 after the completion of 95 percent of the contract, may bring 13 24 an action in equity in the county where the public improvement 13 25 is located to determine rights to moneys contained in the fund 13 26 or to enforce liability on the bond. 13 27 BACKGROUND STATEMENT 13 28 SUBMITTED BY THE AGENCY 13 29 Section 1–Owners of utility facilities, e.g., electrical 13 30 and communication cables, often wait until after final designs 13 31 for highway improvements are made before beginning 13 32 negotiations for replacement property rights. These 13 33 negotiations begin after the state department of 13 34 transportation has already made substantial right-of-way 13 35 acquisitions associated with the improvement. This process 14 1 can delay projects and cause undue confusion from property 14 2 owners who are approached by various representatives seeking 14 3 right-of-way acquisition. Amending Code section 306.19 will 14 4 authorize the department to acquire right-of-way for utilities 14 5 when acquiring right-of-way for the state when implementing 14 6 transportation projects. 14 7 Section 2–The department must determine the condition of 14 8 property before acquiring it for highway improvements and 14 9 maintenance facilities. Existing Code language needs updating 14 10 to reflect that modern soil testing techniques are relatively 14 11 unobtrusive. Amending section 314.9 to reduce the distance 14 12 from a building from 20 rods (330 feet) to 30 feet before 14 13 requiring property owner approval before soil testing will 14 14 help the department make appropriate purchasing decisions. 14 15 Written notification to the property owner prior to testing 14 16 remains a requirement. 14 17 Section 3–The department established an abandoned vehicle 14 18 task force after concerns were raised by police authorities on 14 19 the cost and cumbersome process to remove abandoned vehicles 14 20 from public roadways. The task force developed a process that 14 21 reduces the number of steps to declare a vehicle abandoned 14 22 from 19 to five and reduced the amount of paperwork from nine 14 23 to four pieces. Implementing this process in all 14 24 jurisdictions will provide an estimated annual savings to the 14 25 road use tax fund of $160,000 and requires amending Code 14 26 section 321.89 to provide the option to move the process of 14 27 abandoned vehicle disposal from public agencies to private 14 28 enterprise. 14 29 Sections 4, 5, and 6–The requirement for motorcycle 14 30 education for all who apply for a motorcycle license for the 14 31 first time, regardless of age, begins May 1, 1997. The 14 32 department is equipped to administer the program and the 14 33 department of education has agreed to the transfer. Amending 14 34 this section transfers the motorcycle education program from 14 35 the department of education to the state department of 15 1 transportation. 15 2 Section 7–Current Code language regarding minimum speed 15 3 limits on noninterstate, fully controlled-access highways does 15 4 not allow flexibility for some highway sections where a slower 15 5 minimum speed limit would be safe and accommodate certain 15 6 agricultural-related traffic. Amending section 321.285, 15 7 subsection 6, will authorize the department to set minimum 15 8 speed limits based on engineering and safety criteria. 15 9 Section 8–The department retains 3 percent of a 15 10 contractor's payment for public improvements until a project 15 11 completes a final acceptance process. The department pays 15 12 interest on the retained portion of the contract. The 15 13 department can release these retained funds when a project is 15 14 95 percent complete by entering into a supplemental contact. 15 15 This can eliminate interest expense for the department and 15 16 allow for better cash flow for the contractor. However, a 15 17 supplemental contact is extra paperwork and the new national 15 18 contract management system will not accommodate supplemental 15 19 contracts. The new section 573.15A will authorize the 15 20 department to release a contractor's retained funds without a 15 21 supplemental contract. 15 22 LSB 3282DP 76 15 23 js/cf/24
Text: SSB02037 Text: SSB02039 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Feb 20 13:48:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/02000/SSB02038/960122.html
jhf