Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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97 12 as follows:

97 13 321.285 SPEED RESTRICTIONS.

97 14 1. Any person driving a motor vehicle on a highway shall

97 15 drive the same at a careful and prudent speed not greater than

97 16 nor less than is reasonable and proper, having due regard to

97 17 the traffic, surface, and width of the highway and of any

97 18 other conditions then existing, and no person shall drive any

97 19 vehicle upon a highway at a speed greater than will permit the

97 20 person to bring it to a stop within the assured clear distance

97 21 ahead, such driver having the right to assume, however, that

97 22 all persons using said highway will observe the law.

97 23 2. a. The following shall be the lawful speed except as

97 24 Unless otherwise provided by this section, or except as posted

97 25 pursuant to sections 262.68, 321.236, subsection 5, section

97 26 321.288, subsection 6, sections 321.289, 321.290, 321.293,

97 27 321.295, and 461A.36, the following shall be the lawful speed

97 28 and any speed in excess thereof shall be unlawful:

97 29 1. (1) Twenty miles per hour in any business district.

97 30 2. (2) Twenty=five miles per hour in any residence or

97 31 school district.

97 32 3. (3) Forty=five miles per hour in any suburban

97 33 district.

97 34 b. Each school district as defined in subsection 70 of

97 35 section 321.1 shall be marked by distinctive signs as provided

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98 1 by the current manual of uniform traffic control devices

98 2 adopted by the department and placed on the highway at the

98 3 limits of such school district.

98 4 4. 3. Notwithstanding any Unless otherwise provided in



98 5 this section or by other speed restrictions, the speed limit

98 6 for all vehicular traffic shall be fifty=five miles per hour.

98 7 5. 4. Reasonable A reasonable and proper speed is

98 8 required, but not greater than fifty=five miles per hour at

98 9 any time between sunrise and sunset, and not greater than

98 10 fifty miles per hour at any time between sunset and sunrise,

98 11 on secondary roads unless such roads are surfaced with

98 12 concrete or asphalt or a combination of both, in which case

98 13 the speed limits shall be the same as provided in subsection 4


98 14 of this section 3. When the board of supervisors of any

98 15 county shall determine upon the basis of an engineering and

98 16 traffic investigation that the speed limit on any secondary

98 17 road is greater than is reasonable and proper under the

98 18 conditions found to exist at any intersection or other place

98 19 or upon any part of a secondary road, the board shall

98 20 determine and declare a reasonable and proper speed limit at

98 21 the intersection or other part of the secondary road. The

98 22 speed limits as determined by the board of supervisors shall

98 23 be effective when appropriate signs giving notice of the speed

98 24 limits are erected by the board of supervisors at the

98 25 intersection or other place or part of the highway.

98 26 6. 5. a. Notwithstanding any other speed restrictions,

98 27 the speed limit for all vehicular traffic on fully

98 28 controlled=access, divided, multilaned highways is sixty=five

98 29 miles per hour. However, the speed limit for all vehicular

98 30 traffic on highways that are part of the interstate road

98 31 system, as defined in section 306.3, is seventy miles per

98 32 hour. The department may establish a speed limit of

98 33 sixty=five miles per hour on certain divided, multilaned

98 34 highways not otherwise described in this paragraph.

98 35 b. The department, on its own motion or in response to a


Senate File 449 - Introduced continued
99 1 recommendation of a metropolitan or regional planning

99 2 commission or council of governments, may establish a lower

99 3 speed limit on a highway described in this subsection.

99 4 c. For the purposes of this subsection, "fully

99 5 controlled=access highway" means a highway that gives

99 6 preference to through traffic by providing access connections

99 7 with selected public roads only and by prohibiting crossings

99 8 at grade or direct private driveway connections.

99 9 d. A minimum speed may be established by the department on

99 10 the highways referred to in this subsection if warranted by

99 11 engineering and traffic investigations.

99 12 e. Any kind of vehicle, implement, or conveyance incapable

99 13 of attaining and maintaining a speed of forty miles per hour

99 14 shall be prohibited from using the interstate road system.

99 15 7. 6. Notwithstanding any other speed restrictions, a

99 16 self=propelled implement of husbandry equipped with flotation

99 17 tires that is designed to be loaded and operated in the field

99 18 and used exclusively for the application of organic or

99 19 inorganic plant food materials, agricultural limestone, or

99 20 agricultural chemicals shall not be operated on a highway at a

99 21 speed in excess of thirty=five miles per hour.

99 22 Sec. 120. Section 321.376, subsection 1, Code 2009, is

99 23 amended to read as follows:

99 24 1. The driver of a school bus shall hold a driver's

99 25 license issued by the department of transportation valid for

99 26 the operation of the school bus and a certificate of

99 27 qualification for operation of a commercial motor vehicle

99 28 issued by a physician or osteopathic physician licensed

99 29 pursuant to chapter 148 or 150A, physician's assistant,

99 30 advanced registered nurse practitioner, or chiropractor or any

99 31 other person identified by federal and state law as authorized

99 32 to perform physical examinations, and shall successfully

99 33 complete an approved course of instruction in accordance with

99 34 subsection 2. A person holding a temporary restricted license

99 35 issued under chapter 321J shall be prohibited from operating a
Senate File 449 - Introduced continued
100 1 school bus. The department of education shall refuse to issue

100 2 an authorization to operate a school bus to any person who,

100 3 after notice and opportunity for hearing, is determined to

100 4 have committed any of the acts proscribed under section

100 5 321.375, subsection 2. The department of education shall take

100 6 adverse action against any person who, after notice and

100 7 opportunity for hearing, is determined to have committed any

100 8 of the acts proscribed under section 321.375, subsection 2.

100 9 Such action may include a reprimand or warning of the person

100 10 or the suspension or revocation of the person's authorization

100 11 to operate a school bus. The department of education shall

100 12 recommend, and the state board of education shall adopt under

100 13 chapter 17A, rules and procedures for issuing and suspending

100 14 or revoking authorization to operate a school bus in this

100 15 state. Rules and procedures adopted shall include, but are

100 16 not limited to, provisions for the revocation or suspension

100 17 of, or refusal to issue, authorization to persons who are

100 18 determined to have committed any of the acts proscribed under

100 19 section 321.375, subsection 2.

100 20 Sec. 121. Section 321.463, subsection 4, paragraph b, Code

100 21 2009, is amended to read as follows:

100 22 b. (1) Notwithstanding any provision of this section to

100 23 the contrary, the weight on any one axle of a fence=line

100 24 feeder, grain cart, or tank wagon operated on the highways of

100 25 this state shall not exceed twenty=four thousand pounds from

100 26 February 1 through May 31 or twenty=eight thousand pounds from

100 27 June 1 through January 31, provided, however, that the maximum

100 28 gross vehicle weight of the fence=line feeder, grain cart, or

100 29 tank wagon shall not exceed ninety=six thousand pounds.

100 30 (2) Notwithstanding any provision of this section to the

100 31 contrary, a tracked implement of husbandry operated on the

100 32 highways of this state shall not have a maximum gross weight

100 33 in excess of ninety=six thousand pounds.

100 34 (3) A fence=line feeder, grain cart, tank wagon, or

100 35 tracked implement of husbandry shall comply with the other

Senate File 449 - Introduced continued
101 1 provisions of this section and chapter when operated over a

101 2 bridge in this state. A local authority may issue a special

101 3 permit, based on a statewide standard developed by the

101 4 department, allowing the operation over a bridge within its

101 5 jurisdiction of a fence=line feeder, grain cart, tank wagon,

101 6 or tracked implement of husbandry with a weight in excess of

101 7 the weights allowed under this chapter.

101 8 (2) (4) For purposes of this paragraph "b", "highway":

101 9 (a) "Highway" does not include a bridge.

101 10 (b) For purposes of this paragraph "b", "fence=line

101 11 "Fence=line feeder, grain cart, or tank wagon" means all of

101 12 the following:

101 13 (a) (i) A fence=line feeder, grain cart, or tank wagon

101 14 manufactured on or after July 1, 2001.

101 15 (b) (ii) After July 1, 2005, any fence=line feeder, grain

101 16 cart, or tank wagon.

101 17 The year of manufacture of a fence=line feeder, grain cart,

101 18 or tank wagon manufactured on or after July 1, 2001, shall be

101 19 permanently made a part of the identification plate on the

101 20 vehicle. Fraudulently altering or defacing or attempting to

101 21 fraudulently alter or deface the year of manufacture or other

101 22 product identification number on a fence=line feeder, grain

101 23 cart, or tank wagon is a violation of section 321.92.

101 24 Sec. 122. Section 321.488, Code 2009, is amended to read

101 25 as follows:

101 26 321.488 PROCEDURE NOT EXCLUSIVE.

101 27 The foregoing provisions of this chapter shall govern all

101 28 peace officers in making arrests without a warrant for

101 29 violations of this chapter for offenses committed in their

101 30 presence, but the procedure prescribed herein shall not be

101 31 exclusive of any other method prescribed by law for the arrest

101 32 and prosecution of a person.

101 33 Sec. 123. Section 321.506, Code 2009, is amended to read

101 34 as follows:

101 35 321.506 ACTUAL SERVICE WITHIN THIS STATE.
Senate File 449 - Introduced continued

102 1 The foregoing provisions of this chapter relative to

102 2 service of original notice of suit on nonresidents shall not

102 3 be deemed to prevent actual personal service in this state

102 4 upon the nonresident in the time, manner, form, and under the

102 5 conditions provided for service on residents.

102 6 Sec. 124. Section 321A.7, Code 2009, is amended to read as

102 7 follows:

102 8 321A.7 DURATION OF SUSPENSION.

102 9 The If a person's license and registration and or

102 10 nonresident's operating privilege has been suspended as

102 11 provided in section 321A.5, that license and registration or


102 12 privilege shall remain so suspended and shall not be renewed

102 13 nor shall any such and a new license or registration shall not

102 14 be issued to such that person until one of the following has

102 15 occurred:

102 16 1. Such The person shall deposit deposits or there shall



102 17 be is deposited on the person's behalf the security required

102 18 under section 321A.5; or.

102 19 2. Twelve months have elapsed after such accident,

102 20 provided and the department has not been notified by any party

102 21 to the action or an attorney for any party that an action for

102 22 damages arising out of such accident has been instituted

102 23 within one year from the date of the accident; or.

102 24 3. Evidence satisfactory to the department has been filed

102 25 with the department of a release from liability, or a final

102 26 adjudication of nonliability, or a warrant for confession of

102 27 judgment, or a duly acknowledged written agreement, in

102 28 accordance with section 321A.6, subsection 4; provided,. If,

102 29 however, in the event there shall be is any default in the

102 30 payment of any installment under any confession of judgment,

102 31 then, upon notice of such default, the department shall

102 32 forthwith immediately suspend the license and registration or

102 33 nonresident's operating privilege of such person defaulting

102 34 which shall not be restored unless and until the entire amount

102 35 provided for in said confession of judgment has been paid; and

Senate File 449 - Introduced continued
103 1 provided, further, that in the event. In addition, if there

103 2 shall be is any default in the payment of any installment

103 3 under any duly acknowledged written agreement, then, upon

103 4 notice of such default, the department shall forthwith

103 5 immediately suspend the license and registration or

103 6 nonresident's operating privilege of such that person

103 7 defaulting which and the license and registration or

103 8 nonresident's operating privilege shall not be restored unless

103 9 and until one of the following occurs:

103 10 a. Such person deposits and thereafter maintains security

103 11 as required under section 321A.5 in such amount as the

103 12 department may then determine, or.

103 13 b. Twelve months have elapsed after such security was

103 14 required, provided and the department has not been notified by

103 15 any party to the action or an attorney for any party that an

103 16 action upon such an agreement has been instituted in a court

103 17 in this state within one year after such security was

103 18 required.

103 19 Sec. 125. Section 330A.10, Code 2009, is amended to read

103 20 as follows:

103 21 330A.10 FUNDS OF AN AUTHORITY.

103 22 1. Moneys of an authority shall be paid to the treasurer

103 23 of the authority who shall not commingle said moneys with any

103 24 other moneys, but shall deposit them in a separate account or

103 25 accounts. The moneys in said accounts shall be paid out on

103 26 check of the treasurer on requisition of the chairperson of

103 27 the authority, or of such other person, or persons, as the

103 28 authority may authorize to make such requisition.

103 29 2. Notwithstanding the aforementioned provisions

103 30 subsection 1, an authority is hereby authorized, and shall

103 31 have the right, to deposit any of its rates, fees, rentals, or

103 32 other charges, receipts or income with any bank or trust

103 33 company within the state and to deposit the proceeds of any

103 34 bonds issued hereunder with any bank or trust company within

103 35 the state, all as may be provided in any agreement with the

Senate File 449 - Introduced continued
104 1 holders of bonds issued hereunder.

104 2 Sec. 126. Section 331.653, subsection 27, Code 2009, is

104 3 amended to read as follows:

104 4 27. Give notice of the time and place of making an

104 5 appraisement of unneeded school land as provided in section

104 6 sections 297.17 and 297.28.

104 7 Sec. 127. Section 335.22, Code 2009, is amended to read as

104 8 follows:

104 9 335.22 PRECEDENCE.

104 10 All issues in any proceedings under the foregoing sections

104 11 335.18 through 335.21 shall have preference over all other

104 12 civil actions and proceedings.

104 13 Sec. 128. Section 358.8, Code 2009, is amended to read as

104 14 follows:

104 15 358.8 EXPENSES AND COSTS OF ELECTION.

104 16 The election held pursuant to this chapter shall be

104 17 conducted by the county commissioner of elections. All

104 18 expenses incurred in carrying out the foregoing sections 358.4


104 19 and 358.5 of this chapter, together with the costs of the

104 20 election, as determined by the county commissioner of

104 21 elections, shall be paid by those who will be benefited by the

104 22 proposed sanitary district. If the district is not

104 23 established, the expenses and costs shall be collected upon

104 24 the bond or bonds of the petitioners.

104 25 Sec. 129. Section 358C.9, Code 2009, is amended to read as

104 26 follows:

104 27 358C.9 EXPENSES AND COSTS OF ELECTION.

104 28 The election held pursuant to this chapter shall be

104 29 conducted by the county commissioner of elections. All

104 30 expenses incurred in carrying out the preceding sections of


104 31 this chapter 358C.5 and 358C.6, and the costs of the election,

104 32 as determined by the county commissioner of elections, shall

104 33 be paid by those who will be benefited by the proposed

104 34 district. If the district is not established, the expenses

104 35 and costs shall be collected upon the bonds of the
Senate File 449 - Introduced continued

105 1 petitioners.

105 2 Sec. 130. Section 364.17, subsection 3, Code 2009, is

105 3 amended to read as follows:

105 4 3. a. A city which adopts or is subject to a housing code

105 5 under this section shall adopt enforcement procedures, which

105 6 shall include a program for regular rental inspections, rental

105 7 inspections upon receipt of complaints, and certification of

105 8 inspected rental housing, and may include but are not limited

105 9 to the following:

105 10 a. (1) A schedule of civil penalties or criminal fines

105 11 for violations. A city may charge the owner of housing a late

105 12 payment fee of twenty=five dollars and may add interest of up

105 13 to one and one=half percent per month if a penalty or fine

105 14 imposed under this paragraph subparagraph is not paid within

105 15 thirty days of the date that the penalty or fine is due. The

105 16 city shall send a notice of the late payment fee to such owner

105 17 by first class mail to the owner's personal or business

105 18 mailing address. The late payment fee and the interest shall

105 19 not accrue if such owner files an appeal with either the city,

105 20 if the city has established an appeals procedure, or the

105 21 district court. Any unpaid penalty, fine, fee, or interest

105 22 shall constitute a lien on the real property and may be

105 23 collected in the same manner as a property tax. However,

105 24 before a lien is filed, the city shall send a notice of intent

105 25 to file a lien to the owner of the housing by first class mail

105 26 to such owner's personal or business mailing address.

105 27 b. (2) Authority for the issuance of orders requiring

105 28 violations to be corrected within a reasonable time.

105 29 c. (3) Authority for the issuance of citations pursuant

105 30 to sections 805.1 to 805.5 upon a failure to satisfactorily

105 31 remedy a violation.

105 32 d. (4) Authority, if other methods have failed, for an

105 33 officer to contract to have work done as necessary to remedy a

105 34 violation, the cost of which shall be assessed to the violator

105 35 and constitute a lien on the property until paid.

Senate File 449 - Introduced continued
106 1 e. (5) An escrow system for the deposit of rent which

106 2 will be applied to the costs of correcting violations.

106 3 f. (6) Mediation of disputes based upon alleged

106 4 violations.

106 5 g. (7) Injunctive procedures.

106 6 The enforcement procedures shall be designed to improve



106 7 housing conditions rather than to displace persons from their

106 8 homes.

106 9 h. (8) Authority by ordinance to provide that no rent

106 10 shall be recoverable by the owner or lessee of any dwelling

106 11 which does not comply with the housing code adopted by the

106 12 city until such time as the dwelling does comply with the

106 13 housing code adopted by the city.

106 14 b. The enforcement procedures shall be designed to improve

106 15 housing conditions rather than to displace persons from their

106 16 homes.

106 17 Sec. 131. Section 384.84, subsection 2, paragraph c, Code

106 18 2009, is amended to read as follows:

106 19 c. A city utility or enterprise service to a property or

106 20 premises shall not be discontinued unless prior written notice

106 21 is sent, by ordinary mail, to the account holder in whose name

106 22 the delinquent rates or charges were incurred, informing the

106 23 account holder of the nature of the delinquency and affording

106 24 the account holder the opportunity for a hearing prior to

106 25 discontinuance of service. If the account holder is a tenant,




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