Text: S03020                            Text: S03022
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3021

Amendment Text

PAG LIN
  1  1    Amend House File 171, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 14, by inserting after line 27 the
  1  4 following:
  1  5    "Sec.    .  Section 161B.1, subsection 2, Code
  1  6 2003, is amended to read as follows:
  1  7    2.  The department of agriculture and land
  1  8 stewardship shall report annually to the senate
  1  9 standing committees committee on energy natural
  1 10 resources and environment and the house of
  1 11 representatives standing committee on environmental
  1 12 protection of the house and senate on the projects
  1 13 conducted with the agricultural energy management
  1 14 fund."
  1 15    #2.  Page 19, by inserting after line 16 the
  1 16 following:
  1 17    "Sec.    .  Section 303A.6, subsection 3, Code
  1 18 2003, is amended to read as follows:
  1 19    3.  Upon approving a grant, the board shall certify
  1 20 to the treasurer of state the amount of financial
  1 21 assistance payable from the trust grant account to the
  1 22 qualified organization whose grant application is
  1 23 approved."
  1 24    #3.  Page 19, by inserting after line 23 the
  1 25 following:
  1 26    "Sec.    .  Section 307.27, subsection 8, Code
  1 27 2003, is amended to read as follows:
  1 28    8.  Administer the registration of interstate
  1 29 commerce commission authority of motor carriers
  1 30 pursuant to chapter 327B as provided in 49 U.S.C. }
  1 31 14504 and United States department of transportation
  1 32 regulations."
  1 33    #4.  Page 20, by inserting after line 25 the
  1 34 following:
  1 35    "Sec.    .  Section 327B.1, subsections 1 through
  1 36 3, Code 2003, are amended to read as follows:
  1 37    1.  It is unlawful for a carrier to perform an
  1 38 interstate transportation service for compensation
  1 39 upon the highways of this state without first
  1 40 registering the authority obtained from the interstate
  1 41 commerce commission United States department of
  1 42 transportation or evidence that such authority is not
  1 43 required with the state department of transportation.
  1 44    2.  The department shall participate in the single
  1 45 state insurance registration program for regulated
  1 46 motor carriers as provided in 49 U.S.C. } 11506 14504
  1 47 and interstate commerce commission United States
  1 48 department of transportation regulations.
  1 49    3.  Registration for carriers transporting
  1 50 commodities exempt from interstate commerce commission
  2  1 United States department of transportation regulation
  2  2 shall be granted without hearing upon application and
  2  3 payment of a twenty-five-dollar filing fee and an
  2  4 annual one-dollar fee per vehicle.
  2  5    Sec.    .  Section 327B.7, Code 2003, is amended to
  2  6 read as follows:
  2  7    327B.7  RECIPROCITY FOR EXEMPT COMMODITY BASE STATE
  2  8 REGISTRATION SYSTEM.
  2  9    The department may enter into a reciprocity
  2 10 agreement on behalf of this state with authorized
  2 11 representatives of other states to become a member of
  2 12 an exempt commodity base state registration system for
  2 13 the registration, insurance verification, and fee
  2 14 collection for carriers hauling commodities exempt
  2 15 from interstate commerce commission United States
  2 16 department of transportation authority.
  2 17    Sec.    .  Section 327C.22, Code 2003, is amended
  2 18 to read as follows:
  2 19    327C.22  INTERSTATE FREIGHT RATES.
  2 20    The department shall exercise constant diligence to
  2 21 ascertain the rates, charges, rules, and practices of
  2 22 common carriers operating in this state, in relation
  2 23 to the transportation of freight in interstate
  2 24 business.  When it shall ascertain from any source or
  2 25 have reasonable grounds to believe that the rates
  2 26 charged on such interstate business or the rules or
  2 27 practices in relation thereto discriminate unjustly
  2 28 against any of the citizens, industries, interests, or
  2 29 localities of the state, or place any of them at an
  2 30 unreasonable disadvantage as compared with those of
  2 31 other states, or are in violation of the laws of the
  2 32 United States regulating commerce, or in conflict with
  2 33 the rulings, orders, or regulations of the interstate
  2 34 commerce commission surface transportation board, the
  2 35 department shall take the necessary steps to prevent
  2 36 the continuance of such rates, rules, or practices.
  2 37    Sec.    .  Section 327C.23, Code 2003, is amended
  2 38 to read as follows:
  2 39    327C.23  APPLICATION TO INTERSTATE COMMERCE
  2 40 COMMISSION SURFACE TRANSPORTATION BOARD.
  2 41    When any common carrier has put in force any rates,
  2 42 rules, or practices in relation to interstate freight
  2 43 business, in violation of the laws of the United
  2 44 States regulating commerce, or of the orders, rules,
  2 45 or regulations of the interstate commerce commission
  2 46 surface transportation board, or shall unjustly
  2 47 discriminate against any of the citizens, industries,
  2 48 interests, or localities of the state, the department
  2 49 shall present the material facts involved in such
  2 50 violations or discrimination to the interstate
  3  1 commerce commission surface transportation board and
  3  2 seek relief therefrom, and, if deemed necessary or
  3  3 expedient, the department shall prosecute any charge
  3  4 growing out of such violation or discrimination, at
  3  5 the expense of the state, before the interstate
  3  6 commerce commission surface transportation board.
  3  7    Sec.    .  Section 327D.67, unnumbered paragraph 2,
  3  8 Code 2003, is amended to read as follows:
  3  9    The form of every schedule shall be prescribed by
  3 10 the department and shall conform, in the case of
  3 11 common carriers, as nearly as may be to the form
  3 12 prescribed by the interstate commerce commission
  3 13 United States department of transportation.
  3 14    Sec.    .  Section 327D.72, Code 2003, is amended
  3 15 to read as follows:
  3 16    327D.72  INTERSTATE COMMERCE SCHEDULES.
  3 17    When schedules and classifications required by the
  3 18 interstate commerce commission United States
  3 19 department of transportation contain in whole or in
  3 20 part the information required by the provisions of
  3 21 this chapter, the posting and filing of a copy of such
  3 22 schedules and classifications with the interstate
  3 23 commerce commission United States department of
  3 24 transportation shall be deemed a compliance with the
  3 25 filing requirements of this chapter insofar as such
  3 26 schedules and classifications contain the information
  3 27 required by this chapter, and any additional or
  3 28 different information may be posted and filed in a
  3 29 supplementary schedule.
  3 30    Sec.    .  Section 327D.200, Code 2003, is amended
  3 31 to read as follows:
  3 32    327D.200  INCONSISTENCY WITH FEDERAL LAW –
  3 33 RAILROADS.
  3 34    If any provision of this chapter is inconsistent or
  3 35 conflicts with federal laws, rules or regulations
  3 36 applicable to railway corporations subject to the
  3 37 jurisdiction of the federal interstate commerce
  3 38 commission surface transportation board, the
  3 39 department shall suspend the provision, but only to
  3 40 the extent necessary to eliminate the inconsistency or
  3 41 conflict.
  3 42    Sec.    .  Section 327D.201, Code 2003, is amended
  3 43 to read as follows:
  3 44    327D.201  RAILROAD INTRASTATE RATES – RULES.
  3 45    The department may issue rules relating to the
  3 46 regulation of railroad intrastate rates,
  3 47 classifications, rules and practices in accordance
  3 48 with the standards and procedures of the federal
  3 49 interstate commerce commission surface transportation
  3 50 board applicable to rail carriers.
  4  1    Sec.    .  Section 327G.61, subsection 2, Code
  4  2 2003, is amended to read as follows:
  4  3    2.  "Spur track" means a railroad track located
  4  4 wholly within the state connected to a main or branch
  4  5 line of a railroad and used to originate or terminate
  4  6 traffic at one or more industries or a railroad track
  4  7 not subject to the jurisdiction of the interstate
  4  8 commerce commission surface transportation board.  A
  4  9 spur track shall not include a railroad line used to
  4 10 provide line-haul or intercity transportation.
  4 11    Sec.    .  Section 327G.78, unnumbered paragraph 1,
  4 12 Code 2003, is amended to read as follows:
  4 13    Subject to sections 327G.77 and 6A.16, when a
  4 14 railroad corporation, its trustee, or its successor in
  4 15 interest has interests in real property adjacent to a
  4 16 railroad right-of-way that are abandoned by order of
  4 17 the interstate commerce commission surface
  4 18 transportation board, reorganization court, bankruptcy
  4 19 court, or the department, or when a railroad
  4 20 corporation, its trustee, or its successor in interest
  4 21 seeks to sell its interests in that property under any
  4 22 other circumstance, the railroad corporation, its
  4 23 trustee, or its successor in interest shall extend a
  4 24 written offer to sell at a fair market value price to
  4 25 the persons holding leases, licenses, or permits upon
  4 26 those properties, allowing sixty days from the time of
  4 27 receipt for a written response.  If a disagreement
  4 28 arises between the parties concerning the price or
  4 29 other terms of the sale transaction, either or both
  4 30 parties may make written application to the department
  4 31 to resolve the disagreement.  The application shall be
  4 32 made within sixty days from the time an initial
  4 33 written response is served upon the railroad
  4 34 corporation, trustee, or successor in interest by the
  4 35 person wishing to purchase the property.  The
  4 36 department shall notify the department of inspections
  4 37 and appeals which shall hear the controversy and make
  4 38 a final determination of the fair market value of the
  4 39 property and the other terms of the transaction which
  4 40 were in dispute, within ninety days after the
  4 41 application is filed.  The determination is subject to
  4 42 review by the department and the department's decision
  4 43 is the final agency action.  All correspondence shall
  4 44 be by certified mail."
  4 45    #5.  Page 21, by inserting after line 24, the
  4 46 following:
  4 47    "Sec.    .  Section 384.63, subsection 3, Code
  4 48 2003, is amended to read as follows:
  4 49    3.  When a private improvement is constructed on a
  4 50 lot subject to a deficiency, during the period of
  5  1 amortization, the council shall, by resolution, assess
  5  2 a pro rata portion of the deficiency on that lot, in
  5  3 the same proportion to the total deficiency on that
  5  4 lot as the number of future installments of special
  5  5 assessments remaining to be paid is to the total
  5  6 number of installments of assessments for the project,
  5  7 subject to the twenty-five percent limitation of
  5  8 section 384.62.  A deficiency assessment becomes a
  5  9 lien on the property and is payable in the same
  5 10 manner, and subject to the same interests as the other
  5 11 special assessments.  The council shall direct the
  5 12 clerk to certify a deficiency assessment to the county
  5 13 treasurer, and to send a notice of the deficiency
  5 14 assessment by mail to each owner, as provided in
  5 15 section 384.60, subsection 5, but publication of the
  5 16 notice is not required."
  5 17    #6.  Page 21, line 32, by striking the word
  5 18 "annually" and inserting the following:  "on July 1 of
  5 19 each fiscal year".
  5 20    #7.  Page 22, by inserting after line 8 the
  5 21 following:
  5 22    "Sec.    .  Section 435.26, subsection 1, paragraph
  5 23 a, Code 2003, is amended to read as follows:
  5 24    a.  A mobile home or manufactured home which is
  5 25 located outside a manufactured home community or
  5 26 mobile home park shall be converted to real estate by
  5 27 being placed on a permanent foundation and shall be
  5 28 assessed for real estate taxes.  A home, after
  5 29 conversion to real estate, is eligible for the
  5 30 homestead tax credit and the military service tax
  5 31 exemption as provided in sections 425.2 and 426A.11."
  5 32    #8.  Page 27, line 12, by striking the word and
  5 33 figures "504 or 504A" and inserting the following:
  5 34 "504, Code 1989, or chapter 504A".
  5 35    #9.  Page 30, by inserting after line 12, the
  5 36 following:
  5 37    "Sec.    .  Section 537.1303, subsection 10, Code
  5 38 2003, is amended to read as follows:
  5 39    10.  "Pursuant to a credit card".  Section
  5 40 537.1301, subsection 17 16."
  5 41    #10.  By renumbering as necessary.  
  5 42 
  5 43 
  5 44                               
  5 45 COMMITTEE ON JUDICIARY
  5 46 DONALD B. REDFERN, Chairperson 
  5 47 HF 171.701 80
  5 48 lh/cl
     

Text: S03020                            Text: S03022
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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