Text: S05657                            Text: S05659
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5658

Amendment Text

PAG LIN
  1  1    Amend Senate File 2245, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 80.39, Code 1999, is amended
  1  6 to read as follows:
  1  7    80.39  DISPOSITION OF PERSONAL PROPERTY.
  1  8    1.  Personal property, except for motor vehicles
  1  9 subject to sale pursuant to section 321.89, and
  1 10 seizable property subject to disposition pursuant to
  1 11 chapter 809 or 809A, which personal property is found
  1 12 or seized by, turned in to, or otherwise lawfully
  1 13 comes into the possession of the department of public
  1 14 safety or a local law enforcement agency and which the
  1 15 department or agency does not own, shall be disposed
  1 16 of pursuant to this section.  If by examining the
  1 17 property the owner or lawful custodian of the property
  1 18 is known or can be readily ascertained, the department
  1 19 or agency shall notify the owner or custodian by
  1 20 certified mail directed to the owner's or custodian's
  1 21 last known address, as to the location of the
  1 22 property.  If the identity or address of the owner
  1 23 cannot be determined, notice by one publication in a
  1 24 newspaper of general circulation in the area where the
  1 25 property was found is sufficient notice.  A published
  1 26 notice may contain multiple items.
  1 27    2.  The department or agency may return the
  1 28 property to a person if that person or the person's
  1 29 representative does all of the following:
  1 30    a.  Appears at the location where the property is
  1 31 located.
  1 32    b.  Provides proper identification.
  1 33    c.  Demonstrates ownership or lawful possession of
  1 34 the property to the satisfaction of the department or
  1 35 agency.
  1 36    3.  After ninety days following the mailing or
  1 37 publication of the notice required by this section, or
  1 38 if the owner or lawful custodian of the property is
  1 39 unknown or cannot be readily determined, or the
  1 40 department or agency has not turned the property over
  1 41 to the owner, the lawful custodian, or the owner's or
  1 42 custodian's representative, the department or agency
  1 43 may dispose of the property in any lawful way,
  1 44 including but not limited to the following:
  1 45    a.  Selling the property at public auction with the
  1 46 proceeds, less department or agency expenses, going to
  1 47 the general fund of the state if sold by the
  1 48 department, the rural services fund if sold by a
  1 49 county agency, and the general fund of a city if sold
  1 50 by a city agency, however, the department or agency
  2  1 shall be reimbursed from the proceeds for the
  2  2 reasonable expenses incurred in selling the property
  2  3 at the auction.
  2  4    b.  Retaining the property for the department's or
  2  5 agency's own use.
  2  6    c.  Giving the property to another agency of
  2  7 government.
  2  8    d.  Giving the property to an appropriate
  2  9 charitable organization.
  2 10    e.  Destroying the property.
  2 11    4.  Except when a person appears in person or
  2 12 through a representative within the time periods set
  2 13 by this section, and satisfies the department or
  2 14 agency that the person is the owner or lawful
  2 15 custodian of the property, disposition of the property
  2 16 shall be at the discretion of the department or
  2 17 agency.  The department or agency shall maintain the
  2 18 receipt and disposition records for all property
  2 19 processed under this section.  Good faith compliance
  2 20 with this section is a defense to any claim or action
  2 21 at law or in equity regarding the disposition of the
  2 22 property."
  2 23    #2.  Page 1, by inserting before line 1 the
  2 24 following:
  2 25    "Section 1.  Section 321.20B, subsection 6, Code
  2 26 Supplement 1999, is amended to read as follows:
  2 27    6.  This section does not apply to a motor vehicle
  2 28 driven upon a highway in conformance with the
  2 29 provisions of this chapter relating to manufacturers,
  2 30 transporters, or dealers, or a motor vehicle
  2 31 identified in section 321.18, subsections 1 2 through
  2 32 6, and subsection 8."
  2 33    #3.  Page 1, by inserting after line 28 the
  2 34 following:
  2 35    "Sec.    .  Section 321.104, unnumbered paragraph
  2 36 1, Code Supplement 1999, is amended to read as
  2 37 follows:
  2 38    It is a simple misdemeanor, punishable as provided
  2 39 in section 321.482 a scheduled violation under section
  2 40 805.8, subsection 12, for any person to commit any of
  2 41 the following acts:"
  2 42    #4.  Page 1, by inserting after line 34 the
  2 43 following:
  2 44    "Sec.    .  Section 321.194, subsection 1,
  2 45 paragraph a, subparagraph (1), Code 1999, is amended
  2 46 to read as follows:
  2 47    (1)  During the hours of 6 a.m. to 10 p.m. over the
  2 48 most direct and accessible route between the following
  2 49 locations for the purpose of attending duly scheduled
  2 50 courses of instruction and duly scheduled
  3  1 extracurricular activities at the designated
  3  2 locations:
  3  3    (a)  The licensee's residence and schools of
  3  4 enrollment and between schools.
  3  5    b.  Schools of enrollment for the purpose of
  3  6 attending duly scheduled courses of instruction and
  3  7 extracurricular activities within the school district.
  3  8    (c)  The licensee's residence or schools of
  3  9 enrollment and off-campus locations within the school
  3 10 district of enrollment.
  3 11    Sec.    .  Section 321.218, subsections 1, 3, and
  3 12 4, Code Supplement 1999, are amended to read as
  3 13 follows:
  3 14    1.  A person whose driver's license or operating
  3 15 privilege has been denied, canceled, suspended, or
  3 16 revoked as provided in this chapter or as provided in
  3 17 section 252J.8 or 261.126 or section 901.5, subsection
  3 18 10, and who operates a motor vehicle upon the highways
  3 19 of this state while the license or privilege is
  3 20 denied, canceled, suspended, or revoked, commits a
  3 21 simple misdemeanor.  In addition to any other
  3 22 penalties, the punishment imposed for a violation of
  3 23 this subsection shall include assessment of a fine of
  3 24 not less than two hundred fifty dollars nor more than
  3 25 one thousand five hundred dollars.
  3 26    3.  The department, upon receiving the record of
  3 27 the conviction of a person under this section upon a
  3 28 charge of operating a motor vehicle while the license
  3 29 of the person is suspended or revoked, shall, except
  3 30 for licenses suspended under section 252J.8, 261.126,
  3 31 321.210, subsection 1, paragraph "c", section
  3 32 321.210A, 321.210B, or 321.513, extend the period of
  3 33 suspension or revocation for an additional like
  3 34 period, and the department shall not issue a new
  3 35 driver's license to the person during the additional
  3 36 period.
  3 37    If the department receives a record of a conviction
  3 38 of a person under this section but the person's
  3 39 driving record does not indicate what the original
  3 40 grounds of suspension were, the period of suspension
  3 41 under this subsection shall be for a period not to
  3 42 exceed six months.
  3 43    4.  A person who operates a commercial motor
  3 44 vehicle upon the highways of this state when
  3 45 disqualified from operating the commercial motor
  3 46 vehicle under section 321.208 commits a serious simple
  3 47 misdemeanor if a commercial driver's license is
  3 48 required for the person to operate the commercial
  3 49 motor vehicle."
  3 50    #5.  Page 2, by inserting after line 28 the
  4  1 following:
  4  2    "Sec.    .  Section 321.294, Code 1999, is amended
  4  3 to read as follows:
  4  4    321.294  MINIMUM SPEED REGULATION.
  4  5    No A person shall not drive a motor vehicle at such
  4  6 a slow speed as to impede or block the normal and
  4  7 reasonable movement of traffic except when reduced
  4  8 speed is necessary for safe operation or in compliance
  4  9 with law.  Peace officers are hereby authorized to
  4 10 enforce this provision by directions to drivers, and
  4 11 in the event of apparent willful disobedience to this
  4 12 provision and refusal to comply with direction of an
  4 13 officer in accordance herewith the continued slow
  4 14 operation by a driver shall be a simple misdemeanor,
  4 15 and be punished as provided in section 321.482
  4 16 punishable as a scheduled violation under section
  4 17 805.8, subsection 2, paragraph "l"."
  4 18    #6.  Page 2, by striking lines 29 through 34 and
  4 19 inserting the following:
  4 20    "Sec.    .  Section 321.302, Code 1999, is amended
  4 21 to read as follows:
  4 22    321.302  OVERTAKING ON THE RIGHT.
  4 23    1.  The Unless otherwise prohibited by law the
  4 24 driver of a vehicle may overtake and pass upon the
  4 25 right of another vehicle which is making or about to
  4 26 make a left turn on a roadway with unobstructed
  4 27 pavement of sufficient width for two or more lines of
  4 28 traffic moving in the same direction as the vehicle
  4 29 being passed when such movement can be made in safety.
  4 30    2.  The driver of a vehicle may overtake and,
  4 31 allowing sufficient clearance, pass another vehicle
  4 32 proceeding in the same direction either upon the left
  4 33 or upon the right on a roadway with unobstructed
  4 34 pavement of sufficient width for four or more lines of
  4 35 moving traffic when such movement can be made in
  4 36 safety.
  4 37    3.  No A person shall not drive off the pavement,
  4 38 or upon the shoulder of the roadway, or upon the apron
  4 39 or roadway of an intersecting highway in overtaking or
  4 40 passing on the right.
  4 41    A person convicted of a violation of this section
  4 42 is guilty of a simple misdemeanor punishable as a
  4 43 scheduled violation under section 805.8, subsection 2,
  4 44 paragraph "h"."
  4 45    #7.  Page 3, by striking lines 8 through 12 and
  4 46 inserting the following:
  4 47    "Violations of this section are punishable as
  4 48 provided in section 321.482 as a scheduled violation
  4 49 under section 805.8, subsection 2, paragraph "ai"."
  4 50    #8.  Page 3, by inserting before line 13 the
  5  1 following:
  5  2    "Sec.    .  Section 321.381, Code 1999, is amended
  5  3 to read as follows:
  5  4    321.381  MOVEMENT OF UNSAFE OR IMPROPERLY EQUIPPED
  5  5 VEHICLES.
  5  6    It is a simple misdemeanor, punishable as provided
  5  7 in section 321.482 as a scheduled violation under
  5  8 section 805.8, subsection 2, paragraph "m", for any
  5  9 person to drive or move or for the owner to cause or
  5 10 knowingly permit to be driven or moved on any highway
  5 11 any vehicle or combination of vehicles which is in
  5 12 such unsafe condition as to endanger any person, or
  5 13 which does not contain those parts or is not at all
  5 14 times equipped with such lamps and other equipment in
  5 15 proper condition and adjustment as required in this
  5 16 chapter, or which is equipped with one or more unsafe
  5 17 tires or which is equipped in any manner in violation
  5 18 of this chapter."
  5 19    #9.  Page 3, by inserting after line 18 the
  5 20 following:
  5 21    "Sec.    .  Section 321.423, subsection 6, Code
  5 22 1999, is amended to read as follows:
  5 23    6.  AMBER FLASHING LIGHT.  A farm tractor, farm
  5 24 tractor with towed equipment, self-propelled implement
  5 25 of husbandry, road construction or maintenance
  5 26 vehicle, road grader, or other vehicle principally
  5 27 designed for use off the highway which, when operated
  5 28 on a primary or secondary road, is operated at a speed
  5 29 of twenty-five thirty-five miles an hour or less,
  5 30 shall be equipped with and display an amber flashing
  5 31 light visible from the rear at any time from sunset to
  5 32 sunrise.  If the amber flashing light is obstructed by
  5 33 the towed equipment, the towed equipment shall also be
  5 34 equipped with and display an amber flashing light as
  5 35 required under this subsection.  All vehicles
  5 36 specified in this subsection which are manufactured
  5 37 for sale or sold in this state shall be equipped with
  5 38 an amber flashing light in accordance with the
  5 39 standards of the American society of agricultural
  5 40 engineers."
  5 41    #10.  Page 3, by inserting after line 18 the
  5 42 following:
  5 43    "Sec.    .  Section 322A.11, Code 1999, is amended
  5 44 by adding the following new subsection:
  5 45    NEW SUBSECTION.  5.  The fact that the dealership
  5 46 does not meet an index or standard established by the
  5 47 franchiser, unless the franchiser proves that the
  5 48 failure of the dealership to meet the index or
  5 49 standard will be substantially detrimental to the
  5 50 distribution of the franchiser's motor vehicles in the
  6  1 community."
  6  2    #11.  Page 3, line 31, by striking the word "or"
  6  3 and inserting the following:  "or and".
  6  4    #12.  Page 3, by inserting after line 32 the
  6  5 following:
  6  6    "Sec.    .  Section 331.652, Code 1999, is amended
  6  7 by adding the following new subsection:
  6  8    NEW SUBSECTION.  8.  The sheriff may dispose of
  6  9 personal property under section 80.39."
  6 10    #13.  Page 4, by inserting after line 9 the
  6 11 following:
  6 12    "Sec.    .  Section 364.22, Code 1999, is amended
  6 13 by adding the following new subsection:
  6 14    NEW SUBSECTION.  14.  A police department may
  6 15 dispose of personal property under section 80.39."
  6 16    #14.  Page 4, by inserting after line 9 the
  6 17 following:
  6 18    "Sec.    .  Section 380.10, subsection 2, Code
  6 19 1999, is amended to read as follows:
  6 20    2.  A portion of the Code of Iowa may be adopted by
  6 21 reference only if the criminal penalty provided by the
  6 22 law adopted does not exceed thirty days' imprisonment
  6 23 or and a one five hundred dollar fine."
  6 24    #15.  Page 5, line 5, by striking the figure
  6 25 "321.366," and inserting the following:  "321.366,".
  6 26    #16.  Page 7, by striking lines 23 through 27.
  6 27    #17.  Title page, by striking lines 1 and 2, and
  6 28 inserting the following:  "An Act relating to law
  6 29 enforcement agencies, and to the enforcement of
  6 30 criminal offenses, local ordinances, and franchises,
  6 31 and making penalties applicable."
  6 32    #18.  By renumbering, relettering, or redesignating
  6 33 and correcting internal references as necessary.  
  6 34 SF 2245H
  6 35 jm/jg/25
     

Text: S05657                            Text: S05659
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2000 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Apr 27 03:36:01 CDT 2000
URL: /DOCS/GA/78GA/Legislation/S/05600/S05658/000426.html
jhf