Bill Text: IA SF449 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the installation of cattle guards by landowners along certain streets or highways, and including effective date provisions. (Formerly SSB 1149.) Effective 4-17-18.

Spectrum: Committee Bill

Status: (Passed) 2018-04-17 - Signed by Governor. S.J. 959. [SF449 Detail]

Download: Iowa-2017-SF449-Enrolled.html

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Senate File 449 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON
                                  TRANSPORTATION

                              (SUCCESSOR TO SSB
                                  1149)
 \5
                                   A BILL FOR
 \1
                                        Senate File 449

                             AN ACT
 RELATING TO THE INSTALLATION OF CATTLE GUARDS BY
    LANDOWNERS ALONG CERTAIN STREETS OR HIGHWAYS, AND INCLUDING
    EFFECTIVE DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  314.30  Cattle guards.
    Notwithstanding chapter 169C or 318, or any other provision
 of law to the contrary:
    1.  A landowner may install a cattle guard on a street or
 highway if all of the following apply:
    a.  The street or highway is classified as area service "B"
 or area service "C" as described in section 309.57.
    b.  The street or highway terminates in a dead end, is
 completely or partially located in a flood plain, serves no
 residence, and exits to a secondary road.
    c.  The landowner owns the property on both sides of the
 street or highway.
    d.  The effective purpose of restraining livestock using a
 fence along the street or highway is continually impaired by
 flooding or other natural forces.
    e.  Flooding or other natural forces have and will, with
 a reasonable probability, continue to create liability for
 the landowner and risk of injury to the public from livestock
 straying on to the secondary road to which the street or
 highway exits.
    2.  A cattle guard installed pursuant to this section shall
 be installed on the street or highway at the landowner's
 expense at a distance of not less than sixty=six feet from the
 secondary road to which the street or highway exits.
    3.  After a landowner installs a cattle guard pursuant
 to this section, the landowner and each successive landowner
 shall not be required to install or maintain a fence along
 the street or highway between the point at which the cattle
 guard is installed and the point at which the street or highway
 terminates in a dead end. All of the following shall apply to
 a landowner who is not required to install or maintain a fence
 along the street or highway pursuant to this subsection:
    a.  The landowner shall not be liable to a local authority
 as provided in section 169C.4, subsection 1, paragraph "c", for
 livestock straying on to the street or highway.
    b.  A local authority shall not take custody of the
 landowner's livestock on the street or highway as provided in
 section 169C.2.
    c.  The landowner shall not be subject to section 169C.6 for
 livestock straying on to the street or highway.
    4.  a.  A landowner who installs a cattle guard pursuant to
 this section and each successive landowner shall be liable for
 injury to any person, for damage to any vehicle or equipment,
 and for damage to the contents of any vehicle or equipment,
 which occurs proximately as a result of the construction,
 installation, or maintenance of the cattle guard or as a result
 of livestock straying on to the street or highway between the
 point at which the cattle guard is installed and the point at
 which the street or highway terminates in a dead end.
    b.  Upon the installation of a cattle guard pursuant to
 this section, and before July 1 of each year thereafter, the
 landowner who installed the cattle guard or a successive
 landowner shall submit to the appropriate county office of
 the county having jurisdiction over the street or highway on
 which the cattle guard is installed, as designated by the
 county, proof of liability coverage in effect for the following
 one=year period which covers any injury or loss arising from
 the landowner's liability as set forth in paragraph "a".
    c.  This section shall not be construed to alter, limit, or
 nullify the maintenance requirements assigned to a county, and
 a county's liability relating to such maintenance requirements,
 pursuant to section 309.57 for the street or highway on which
 the cattle guard is installed.
    5.  As used in this section:
    a.  "Cattle guard" means a structure consisting of parallel
 bars placed over a shallow ditch that allows motor vehicles to
 pass over the ditch, but prevents cattle and other livestock
 from passing over the ditch.
    b.  "Fence" means as defined in section 169C.1.
    c.  "Landowner" means as defined in section 169C.1.
    d.  "Local authority" means as defined in section 169C.1.
    e.  "Secondary road" means as defined in section 306.3.
    Sec. 2.  Section 321.285, Code 2018, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  6A.  Notwithstanding any other speed
 restrictions, the speed limit for all vehicular traffic on a
 street or highway on which a cattle guard is installed pursuant
 to section 314.30 is fifteen miles per hour between the point
 at which the cattle guard is installed and the point at which
 the street or highway terminates in a dead end.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                                                            CHARLES SCHNEIDE


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            KIM REYNOLDS

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