A bill for an act relating to towing a motor vehicle without the owner’s consent, and making penalties applicable.

House

File

2322

-

Introduced

HOUSE

FILE

2322

BY

MADISON

A

BILL

FOR

An

Act

relating

to

towing

a

motor

vehicle

without

the

owner’s

1

consent,

and

making

penalties

applicable.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

6149HH

(3)

91

th/ns

H.F.

2322

Section

1.

NEW

SECTION

.

321.83

Towing

a

motor

vehicle

1

without

the

owner’s

consent.

2

1.

Within

two

hours

after

towing

a

motor

vehicle

without

the

3

owner’s

consent,

the

person

who

towed

the

vehicle

shall

notify

4

the

law

enforcement

agency

with

jurisdiction

over

the

location

5

from

which

the

vehicle

was

towed.

The

notice

must

include

the

6

location

where

the

vehicle

can

be

reclaimed.

7

2.

Within

forty-eight

hours

after

towing

a

motor

vehicle

8

without

the

owner’s

consent,

the

person

who

towed

the

vehicle

9

shall

notify

the

registered

owner

of

the

vehicle

and

any

10

lienholder

of

record.

The

notice

must

include

the

location

11

where

the

vehicle

can

be

reclaimed.

12

3.

A

person

shall

not

be

prohibited

from

reclaiming

personal

13

property

from

inside

a

towed

vehicle.

A

person

shall

not

14

be

required

to

pay

a

fee

or

reclaim

the

vehicle

to

reclaim

15

personal

property

from

inside

the

towed

vehicle.

16

4.

At

least

forty-eight

hours

before

selling

or

otherwise

17

disposing

of

a

motor

vehicle

that

was

towed

without

the

owner’s

18

consent,

the

person

who

towed

the

vehicle

shall

notify

the

19

registered

owner

and

any

lienholder

of

record

of

the

person’s

20

plan

to

sell

or

dispose

of

the

vehicle.

21

5.

A

person

who

tows

a

motor

vehicle

without

the

owner’s

22

consent

shall

not

sell

or

otherwise

dispose

of

the

vehicle

23

during

the

first

forty-five

days

following

the

tow.

This

24

subsection

does

not

apply

to

a

vehicle

that

is

disposed

of

to

a

25

demolisher

for

junk.

Under

that

circumstance,

the

demolisher

26

shall

make

application

for

a

junking

certificate

to

the

county

27

treasurer

within

thirty

days

of

purchase

and

shall

surrender

28

the

sales

receipt

in

lieu

of

the

certificate

of

title.

29

6.

A

person

who

has

custody

of

a

motor

vehicle

that

was

30

towed

without

the

owner’s

consent

shall

not

charge

storage

fees

31

that

exceed

the

value

of

the

vehicle.

32

7.

A

person

who

has

custody

of

a

motor

vehicle

that

was

33

towed

without

the

owner’s

consent

shall

provide

an

option

for

34

qualifying

persons

who

have

limited

resources

available

to

35

-1-

LSB

6149HH

(3)

91

th/ns

1/

3

H.F.

2322

reclaim

the

vehicle

to

make

monthly

payments

in

accordance

1

with

a

plan

agreed

to

by

the

owner

and

the

person.

The

owner

2

shall

not

be

prohibited

from

reclaiming

the

vehicle

upon

the

3

agreement.

4

8.

Prior

to

the

sale

or

disposition

of

a

motor

vehicle

that

5

was

towed

without

the

owner’s

consent,

the

owner

may

request

6

and

the

department

shall

afford

the

owner

an

opportunity

for

7

a

hearing

regarding

the

compliance

with

this

section

of

the

8

nonconsensual

tow

or

fees

charged

by

the

person

who

towed

or

9

stored

the

vehicle.

10

9.

The

proceeds

of

the

sale

of

a

motor

vehicle

that

was

11

towed

without

the

owner’s

consent,

except

for

the

reasonable

12

costs

of

towing

the

vehicle,

providing

notice,

and

storing

13

the

vehicle,

shall

be

paid

to

the

owner

of

the

vehicle

or

14

lienholder

within

ninety

days

of

the

sale.

15

10.

This

section

does

not

apply

to

abandoned

vehicles

under

16

section

321.89.

17

EXPLANATION

18

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

19

the

explanation’s

substance

by

the

members

of

the

general

assembly.

20

Under

current

law,

the

towing,

storing,

selling,

and

21

disposing

of

abandoned

vehicles

are

regulated

under

Code

22

section

321.89.

This

bill

regulates

the

towing,

storing,

23

selling,

and

disposing

of

a

motor

vehicle

that

was

towed

24

without

the

owner’s

consent

and

is

not

an

abandoned

vehicle.

25

The

bill

provides

requirements

related

to

notices,

fees,

the

26

reclamation

of

personal

property,

the

sale

or

disposition

of

a

27

vehicle,

payment

plans,

an

opportunity

for

a

hearing

before

the

28

department

of

transportation,

and

the

disbursement

of

proceeds

29

of

a

sold

vehicle.

30

The

bill

does

not

amend

Code

section

321.89.

31

By

operation

of

law,

a

person

who

fails

to

act

as

required

32

by

the

bill

or

who

does

an

act

forbidden

by

the

bill

commits

33

a

simple

misdemeanor.

A

simple

misdemeanor

is

punishable

by

34

confinement

for

no

more

than

30

days

and

a

fine

of

at

least

$105

35

-2-

LSB

6149HH

(3)

91

th/ns

2/

3

H.F.

2322

but

not

more

than

$855.

1

-3-

LSB

6149HH

(3)

91

th/ns

3/

3