Text: S05657 Text: S05659 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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, subsections12 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 asprovided2 39in section 321.482a 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 enrollmentand between schools. 3 5 b. Schools of enrollmentfor the purpose of3 6attending duly scheduled courses of instruction and3 7extracurricular 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 aserioussimple 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 5NoA 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 15and be punished as provided in section 321.4824 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.TheUnless 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.NoA person shall not drive off the pavement, 4 38orupon 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 punishableas4 48provided in section 321.482as 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,punishableas provided5 7in section 321.482as 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 oftwenty-fivethirty-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: "orand". 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 23orand aonefive 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
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