Read the full stored bill text
House
File
2483
-
Introduced
HOUSE
FILE
2483
BY
MATSON
and
JUDGE
A
BILL
FOR
An
Act
relating
to
towing
or
impounding
vehicles,
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
321.83
Towing
vehicles.
1
1.
A
person
shall
not
tow
or
impound
a
motor
vehicle
2
without
the
owner’s
consent,
unless
the
person
does
all
of
the
3
following:
4
a.
Posts
signs
in
a
manner
to
provide
notice
that
an
5
unauthorized
vehicle
parked
on
private
property,
as
described
6
on
the
sign,
will
be
towed
and
the
location
where
a
towed
7
vehicle
will
be
impounded.
8
b.
Documents
the
towing,
including
by
taking
and
keeping
9
photographs
of
the
vehicle
prior
to
initiating
the
tow,
after
10
the
vehicle
is
secured
for
towing,
and
after
the
vehicle
is
11
parked
following
the
tow.
12
c.
Maintains
accurate
records
of
the
vehicle
towed,
13
including
all
of
the
following:
14
(1)
The
vehicle’s
make,
model,
and
registration
plate
15
number.
16
(2)
The
date
and
time
of
the
tow.
17
(3)
The
location
from
which
the
vehicle
was
towed.
18
2.
a.
A
person
who
initiates
a
tow
shall
cease
all
towing
19
actions
if
the
vehicle
owner
arrives
at
the
location
of
the
20
owner’s
vehicle
before
the
tow
is
completed,
and
shall
release
21
the
vehicle
to
the
owner.
A
person
who
initiates
and
then
22
ceases
towing
a
vehicle
shall
not
charge
the
vehicle
owner
a
23
fee
in
excess
of
twenty
dollars.
24
b.
Paragraph
“a”
does
not
apply
to
a
person
who
initiates
a
25
tow
when
a
vehicle
is
parked
in
a
manner
that
could
interfere
26
with
the
safety
of
another
person,
including
but
not
limited
to
27
a
vehicle
parked
in
a
space
reserved
for
emergency
parking
at
a
28
hospital
or
parked
in
front
of
a
fire
hydrant.
29
3.
The
owner
of
a
motor
vehicle
that
has
been
towed
shall
30
not
be
prohibited
from
recording
and
documenting
actions
of
the
31
person
who
towed
the
vehicle.
32
4.
A
person
who
has
towed
or
impounded
a
motor
vehicle
33
without
the
owner’s
consent
shall
do
all
of
the
following:
34
a.
Notify
the
vehicle
owner,
including
a
lienholder
if
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applicable,
and
the
local
law
enforcement
agency
within
1
twenty-four
hours.
The
notice
must
include
the
vehicle’s
2
description,
the
location
where
the
vehicle
is
stored,
contact
3
information
for
the
person
who
towed
the
vehicle,
and
the
4
amount
of
fees
that
will
be
charged.
5
b.
Display
all
towing
rates
at
the
person’s
place
of
6
business
and
on
the
person’s
internet
site,
if
applicable.
7
c.
Provide
instructions
for
a
vehicle
owner
to
file
a
8
complaint
regarding
the
towing
or
impounding
of
the
owner’s
9
vehicle.
The
instructions
must
be
displayed
at
the
person’s
10
place
of
business
and
on
the
person’s
internet
site,
if
11
applicable.
12
d.
Provide
an
itemized
account
detailing
all
fees
associated
13
with
a
tow.
14
e.
Allow
the
owner
of
the
vehicle
to
recover
the
vehicle
at
15
a
reasonable
time
and
during
at
least
a
ten-hour
period
on
a
16
day
other
than
a
Saturday
or
Sunday.
17
f.
Allow
the
owner
of
the
vehicle
to
retrieve
personal
18
property
from
within
the
vehicle
during
the
normal
business
19
hours
of
the
person
who
impounded
the
vehicle
without
paying
20
a
fee.
21
g.
Accept
payment
by
credit
card
with
a
card-use
fee,
if
22
applicable,
not
exceeding
three
percent,
in
addition
to
other
23
forms
of
payment.
24
h.
Reimburse
the
vehicle
owner
for
any
damage
to
the
vehicle
25
caused
by
the
person
who
towed
the
vehicle.
26
5.
A
person
who
tows
a
motor
vehicle
without
the
owner’s
27
consent
shall
not
charge
a
storage
fee
during
the
first
28
twenty-four
hours
following
the
tow.
29
6.
A
fee
charged
by
a
person
who
towed
or
impounded
a
motor
30
vehicle
shall
not
exceed
the
amount
the
person
charges
for
a
31
consensual
tow
or
the
reasonable
storage
costs,
as
applicable.
32
7.
A
person
who
tows
a
motor
vehicle
shall
reimburse
the
33
vehicle
owner
for
all
costs
associated
with
the
tow
if
the
34
person
does
not
comply
with
this
section.
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8.
The
owner
of
a
vehicle
that
has
been
towed
pursuant
to
1
this
section
may
request
that
the
person
who
towed
the
vehicle
2
show
the
person’s
valid
towing
permit,
if
any,
and
information
3
about
the
person’s
towing
company,
if
any.
A
person
who
towed
4
a
vehicle
shall
comply
with
a
request
under
this
subsection.
5
9.
This
section
does
not
apply
to
abandoned
vehicles
which
6
may
be
taken
into
custody
as
provided
in
section
321.89
or
7
disposed
of
as
provided
in
section
321.90.
8
Sec.
2.
Section
321.89,
subsection
2,
Code
2026,
is
amended
9
to
read
as
follows:
10
2.
Authority
to
take
possession
of
abandoned
vehicles.
A
11
police
authority,
upon
the
authority’s
own
initiative
or
12
upon
the
request
of
any
other
authority
having
the
duties
of
13
control
of
highways
or
traffic,
shall
take
into
custody
an
14
abandoned
vehicle
on
public
property
and
may
take
into
custody
15
an
abandoned
vehicle
on
private
property.
The
police
authority
16
may
employ
its
own
personnel,
equipment,
and
facilities
or
17
hire
a
private
entity,
equipment,
and
facilities
for
the
18
purpose
of
removing,
preserving,
storing,
or
disposing
of
19
abandoned
vehicles.
A
property
owner
or
other
person
in
20
control
of
private
property
may
employ
a
private
entity
who
21
is
a
garagekeeper,
as
defined
in
section
321.90
,
to
dispose
22
of
an
abandoned
vehicle,
and
the
private
entity
may
take
into
23
custody
the
abandoned
vehicle
without
a
police
authority’s
24
initiative.
If
a
police
authority
employs
a
private
entity
25
to
dispose
of
abandoned
vehicles,
the
police
authority
shall
26
provide
the
private
entity
with
the
names
and
addresses
of
the
27
registered
owners,
all
lienholders
of
record,
and
any
other
28
known
claimant
to
the
vehicle
or
the
personal
property
found
in
29
the
vehicle.
The
owners,
lienholders,
or
other
claimants
of
30
the
abandoned
vehicle
shall
not
have
a
cause
of
action
against
31
a
private
entity
for
action
taken
under
this
section
if
the
32
private
entity
provides
notice
,
allows
inspection,
and
provides
33
information
about
the
vehicle
as
required
by
subsection
3
,
34
paragraphs
“a”
through
“f”
.
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Sec.
3.
Section
321.89,
subsection
3,
paragraphs
a,
e,
and
1
f,
Code
2026,
are
amended
to
read
as
follows:
2
a.
A
police
authority
or
private
entity
that
takes
into
3
custody
an
abandoned
vehicle
shall
send
notice
by
certified
4
mail
that
the
vehicle
has
been
taken
into
custody
no
more
than
5
twenty
ten
days
after
taking
custody
of
the
vehicle.
Notice
6
shall
be
sent
to
the
last
known
address
of
record
of
the
last
7
known
registered
owner
of
the
vehicle,
all
lienholders
of
8
record,
and
any
other
known
claimant
to
the
vehicle.
9
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
10
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
11
property
within
the
ten-day
thirty-day
reclaiming
period,
the
12
owner,
lienholders,
or
claimants
shall
no
longer
have
any
13
right,
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
14
personal
property.
If
proper
notice
and
an
opportunity
to
15
inspect
the
vehicle
is
not
provided
to
the
owners,
lienholders,
16
and
known
claimants,
there
shall
be
no
forfeiture
of
the
17
person’s
right,
title,
claim,
or
interest
in
or
to
the
vehicle
18
and
personal
property,
as
applicable.
19
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
20
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
21
or
claimants
after
the
expiration
of
the
ten-day
thirty-day
22
reclaiming
period
if
proper
notice
is
provided
to
the
owners,
23
lienholders,
and
known
claimants
as
required
in
this
subsection
24
and
such
persons
were
provided
timely
opportunity
to
inspect
25
the
vehicle
and
retrieve
personal
property,
as
applicable
.
26
Sec.
4.
Section
321.89,
subsection
3,
paragraph
b,
27
subparagraph
(3),
Code
2026,
is
amended
to
read
as
follows:
28
(3)
Information
for
the
persons
receiving
the
notice
of
29
their
right
to
inspect
and
reclaim
the
vehicle
and
personal
30
property
contained
therein
within
ten
thirty
days
after
the
31
effective
date
of
the
notice.
Persons
may
reclaim
the
vehicle
32
or
personal
property
upon
payment
of
all
reasonable
towing,
33
preservation,
and
storage
charges
resulting
from
placing
the
34
vehicle
in
custody
and
upon
payment
of
the
costs
of
notice
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required
pursuant
to
this
subsection
.
Persons
may
reclaim
any
1
personal
property
from
a
vehicle
during
the
normal
business
2
hours
of
the
entity
with
custody
of
the
vehicle
at
no
cost
and
3
without
reclaiming
the
vehicle.
4
Sec.
5.
Section
321.89,
subsection
3,
paragraph
b,
Code
5
2026,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(6)
An
itemized
account
of
all
fees
to
be
7
assessed
when
the
vehicle
is
reclaimed.
8
Sec.
6.
Section
321.89,
subsection
3,
Code
2026,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0c.
A
person
who
receives
notice
under
11
this
subsection
may
request
to
inspect
the
vehicle
or
personal
12
property
contained
therein,
or
receive
specific
information
13
as
to
the
condition
of
the
vehicle
or
personal
property,
and
14
if
requested,
the
entity
with
custody
of
the
vehicle
shall
15
provide
the
requested
information
or
an
opportunity
to
inspect
16
the
vehicle,
as
applicable,
prior
to
the
expiration
of
the
17
thirty-day
reclamation
period.
18
Sec.
7.
Section
321.89,
subsection
4,
Code
2026,
is
amended
19
to
read
as
follows:
20
4.
Reclamation
of
abandoned
vehicles
and
personal
21
property
.
An
entity
with
custody
of
an
abandoned
vehicle
shall
22
provide
an
itemized
account
of
all
fees
assessed
when
the
23
vehicle
is
reclaimed.
Prior
to
driving
an
abandoned
vehicle
24
away
from
the
premises,
a
person
who
received
,
or
who
is
25
reclaiming
the
vehicle
on
behalf
of
a
person
who
received
,
26
notice
under
subsection
3
shall
present
to
the
police
authority
27
or
private
entity,
as
applicable,
the
person’s
valid
driver’s
28
license
and
proof
of
financial
liability
coverage
as
provided
29
in
section
321.20B
.
During
the
normal
business
hours
of
the
30
entity
with
custody
of
the
vehicle,
a
person
may
retrieve
the
31
person’s
personal
property
left
in
the
vehicle
at
no
cost
and
32
without
reclaiming
the
vehicle.
33
Sec.
8.
Section
321.89,
subsection
5,
paragraph
b,
Code
34
2026,
is
amended
to
read
as
follows:
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b.
From
the
proceeds
of
the
sale
of
an
abandoned
vehicle
1
the
police
authority,
if
the
police
authority
did
not
hire
a
2
private
entity,
shall
reimburse
itself
for
the
expenses
of
the
3
auction,
the
costs
of
towing,
preserving,
and
storing
which
4
resulted
from
placing
the
abandoned
vehicle
in
custody,
all
5
notice
and
publication
costs
incurred
pursuant
to
subsection
6
3
,
the
cost
of
inspection,
and
any
other
costs
incurred
except
7
costs
of
bookkeeping
and
other
administrative
costs.
Any
8
remainder
from
the
proceeds
of
a
sale
shall
be
held
for
the
9
owner
of
the
vehicle
or
entitled
lienholder
for
ninety
days,
10
and
shall
then
be
deposited
in
the
road
use
tax
general
fund
of
11
the
local
authority
with
jurisdiction
over
the
location
where
12
the
abandoned
vehicle
was
towed
.
The
local
authority
shall
13
not
use
moneys
deposited
pursuant
to
this
paragraph
except
for
14
public
purposes.
The
costs
to
police
authorities
of
auction,
15
towing,
preserving,
storage,
and
all
notice
and
publication
16
costs,
and
all
other
costs
which
result
from
placing
abandoned
17
vehicles
in
custody,
whenever
the
proceeds
from
a
sale
of
the
18
abandoned
vehicles
are
insufficient
to
meet
these
expenses
and
19
costs,
shall
be
paid
from
the
road
use
tax
fund
and
are
the
20
obligation
of
the
last
owner
or
owners,
jointly
and
severally.
21
Sec.
9.
Section
321.90,
subsection
2,
paragraph
f,
Code
22
2026,
is
amended
to
read
as
follows:
23
f.
The
owner
of
an
abandoned
motor
vehicle
and
all
24
lienholders
shall
no
longer
have
any
right,
title,
claim,
or
25
interest
in
or
to
the
motor
vehicle;
and
no
court
in
any
case
26
in
law
or
equity
shall
recognize
any
right,
title,
claim,
or
27
interest
of
any
owner
or
lienholders
after
the
disposal
of
the
28
motor
vehicle
to
a
demolisher
,
so
long
as
proper
notice
and
an
29
opportunity
to
inspect
the
vehicle
and
personal
property
in
30
accordance
with
section
321.89,
subsection
3,
was
provided
.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
regulates
towing
and
impounding
motor
vehicles.
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The
bill
requires
a
person
who
tows
a
vehicle
without
the
1
owner’s
consent
to
post
certain
signs
on
private
property
2
where
the
person
is
authorized
to
tow
vehicles,
document
the
3
towing
with
photographs,
and
maintain
records
relating
to
each
4
tow.
The
bill
requires
a
person
to
cease
an
incomplete
tow
if
5
the
vehicle
owner
arrives,
unless
the
vehicle
is
parked
in
a
6
manner
that
could
interfere
with
the
safety
of
another
person,
7
and
prohibits
a
person
from
charging
a
fee
in
excess
of
$20
8
for
a
ceased
tow.
The
bill
provides
that
an
owner
of
a
motor
9
vehicle
that
has
been
towed
is
not
prohibited
from
recording
10
and
documenting
actions
of
the
person
who
towed
the
vehicle.
11
After
towing
a
vehicle
without
the
owner’s
consent,
the
person
12
who
towed
the
vehicle
must
notify
the
owner
and
the
local
law
13
enforcement
agency,
display
certain
information,
provide
an
14
itemized
account
with
fees
not
exceeding
the
amount
the
person
15
charges
for
a
consensual
tow
or
the
reasonable
storage
costs,
16
allow
the
owner
to
recover
personal
property
from
within
the
17
vehicle,
accept
payment
by
credit
card,
and
reimburse
the
18
vehicle
owner
for
any
damage
to
the
vehicle
caused
during
the
19
tow.
20
A
person
who
tows
a
vehicle
must
reimburse
the
vehicle
21
owner
for
all
costs
associated
with
the
tow
if
the
person
does
22
not
comply
with
the
bill.
A
person
who
tows
a
motor
vehicle
23
without
the
owner’s
consent
shall
not
charge
a
storage
fee
24
during
the
first
24
hours
following
the
tow,
and
the
owner
of
25
a
vehicle
that
has
been
towed
may
request
that
the
person
who
26
towed
the
vehicle
show
the
person’s
valid
towing
permit
and
27
information
about
the
person’s
towing
company.
The
bill’s
28
provisions
relating
to
the
towing
of
a
vehicle
without
the
29
owner’s
consent
do
not
apply
to
abandoned
vehicles.
30
Code
sections
321.89
and
321.90
regulate
the
taking
into
31
custody
and
the
disposal
of
abandoned
vehicles,
as
defined
32
in
Code
section
321.89.
The
bill
amends
certain
provisions
33
regarding
required
notices
and
information
relating
to
an
34
abandoned
vehicle,
the
timeline
to
inspect
or
reclaim
a
35
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vehicle,
the
reclamation
of
personal
property
from
within
an
1
abandoned
vehicle,
and
the
disposal
of
an
abandoned
vehicle,
2
and
requires
an
opportunity
for
a
person
to
inspect
an
3
abandoned
vehicle.
4
The
bill
reduces
the
period
of
time
within
which
an
entity
5
that
takes
custody
of
an
abandoned
vehicle
is
required
to
send
6
notice
that
the
vehicle
has
been
taken
into
custody
from
no
7
more
than
20
days
to
no
more
than
10
days
after
taking
custody
8
of
the
vehicle.
The
bill
increases
the
reclaiming
period
for
9
a
person
who
receives
notice
from
10
days
to
30
days
after
10
notice
is
received.
The
bill
requires
an
entity
with
control
11
of
an
abandoned
vehicle
to
provide
an
itemized
account
of
all
12
fees
assessed
when
a
vehicle
is
reclaimed,
to
allow
access
for
13
persons
to
inspect
the
vehicle
and
share
information
about
the
14
vehicle,
if
requested,
and
to
provide
notice
of
such.
15
Under
current
law,
persons
who
receive
notice
regarding
an
16
abandoned
vehicle
lose
their
right
to
the
vehicle
and
personal
17
property
within
the
vehicle
after
the
expiration
of
the
18
reclaiming
period.
The
bill
provides
that
if
proper,
timely
19
notice
is
not
provided,
any
known
claimant
does
not
forfeit
the
20
right
to
reclaim
the
vehicle
or
personal
property.
21
Current
law
requires
a
person
to
pay
all
towing
preservation
22
and
storage
charges
resulting
from
placing
an
abandoned
23
vehicle
in
custody
prior
to
reclaiming
the
vehicle
or
personal
24
property.
The
bill
requires
all
such
charges
to
be
reasonable,
25
and
authorizes
a
person
to
reclaim
personal
property
from
a
26
vehicle
during
the
normal
business
hours
of
the
entity
with
27
custody
of
the
vehicle
at
no
cost
and
without
reclaiming
the
28
vehicle.
29
Under
current
law,
if
the
police
authority
did
not
hire
30
a
private
entity,
the
police
authority
can
reimburse
itself
31
for
the
expenses
relating
to
towing
and
placing
an
abandoned
32
vehicle
in
custody,
except
costs
of
bookkeeping
and
other
33
administrative
costs.
Any
remainder
from
the
proceeds
of
a
34
sale
must
be
held
for
the
owner
of
the
vehicle
or
entitled
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lienholder
for
90
days,
and
then
be
deposited
in
the
road
1
use
tax
fund.
The
bill
instead
requires
any
remainder
to
2
be
deposited
in
the
general
fund
of
the
local
authority
with
3
jurisdiction
over
the
location
where
the
abandoned
vehicle
was
4
towed.
The
local
authority
is
prohibited
from
using
moneys
5
deposited
in
this
way
except
for
public
purposes.
6
By
operation
of
law,
it
is
a
simple
misdemeanor
for
a
person
7
to
do
an
act
forbidden
or
to
fail
to
perform
an
act
required
8
by
Code
chapter
321,
including
the
provisions
of
the
bill.
A
9
simple
misdemeanor
is
punishable
by
confinement
for
no
more
10
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
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