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House
File
2617
-
Enrolled
House
File
2617
AN
ACT
RELATING
TO
ABANDONED
VEHICLES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.89,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
Cease
and
release.
When
a
private
entity
ceases
a
tow
after
attaching
towing
equipment
to
an
abandoned
vehicle
and
releases
the
vehicle
to
the
registered
owner
or
operator
prior
to
removing
the
vehicle
from
the
location
where
the
vehicle
was
abandoned,
the
private
entity
shall
accept
payment
by
credit
card,
in
addition
to
other
forms
of
payment,
for
any
fee
charged
to
release
the
vehicle.
Sec.
2.
Section
321.89,
subsection
3,
paragraphs
a,
e,
and
f,
Code
2026,
are
amended
to
read
as
follows:
a.
A
police
authority
or
private
entity
that
takes
into
custody
an
abandoned
vehicle
shall
send
notice
by
certified
House
File
2617,
p.
2
mail
that
the
vehicle
has
been
taken
into
custody
no
more
than
twenty
ten
days
after
taking
custody
of
the
vehicle.
Notice
shall
be
sent
to
the
last
known
address
of
record
of
the
last
known
registered
owner
of
the
vehicle,
all
lienholders
of
record,
and
any
other
known
claimant
to
the
vehicle.
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
property
within
the
ten-day
twenty-day
reclaiming
period,
the
owner,
lienholders,
or
claimants
shall
no
longer
have
any
right,
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
personal
property.
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
or
claimants
after
the
expiration
of
the
ten-day
twenty-day
reclaiming
period.
Sec.
3.
Section
321.89,
subsection
3,
paragraph
b,
subparagraph
(3),
Code
2026,
is
amended
to
read
as
follows:
(3)
Information
for
the
persons
receiving
the
notice
of
their
right
to
reclaim
the
vehicle
and
personal
property
contained
therein
within
ten
twenty
days
after
the
effective
date
of
the
notice.
Persons
may
reclaim
the
vehicle
or
personal
property
upon
payment
of
all
towing,
preservation,
and
storage
charges
resulting
from
placing
the
vehicle
in
custody
and
upon
payment
of
the
costs
of
notice
required
pursuant
to
this
subsection
.
Sec.
4.
Section
321.89,
Code
2026,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
Abandoned
vehicles
in
custody.
a.
A
lienholder
of
record
who
received
notice
under
subsection
3
may
request
information
regarding
the
condition
of
the
abandoned
vehicle.
A
private
entity
with
custody
of
an
abandoned
vehicle
may
charge
the
lienholder
of
record
an
inspection
fee
not
to
exceed
one
hundred
dollars.
If
such
request
is
made
and
when
the
fee
is
paid,
the
private
entity
with
custody
of
the
abandoned
vehicle
shall
satisfy
the
request
by
either
allowing
a
representative
of
the
lienholder
of
record
onto
the
premises
to
inspect
the
vehicle,
subject
to
policies
established
by
the
private
entity
to
promote
safety
and
security
of
the
premises,
or
by
sending
photos
House
File
2617,
p.
3
that
sufficiently
depict
the
condition
of
the
vehicle
to
the
lienholder
of
record
so
that
the
lienholder
can
reasonably
ascertain
the
condition
of
the
vehicle.
b.
(1)
While
a
private
entity
has
custody
of
an
abandoned
vehicle,
a
registered
owner
may
reclaim
personal
property
that
is
not
attached
to
the
vehicle
on
one
occasion
during
the
twenty-day
vehicle
reclamation
period.
The
registered
owner
shall
provide
the
private
entity
a
written
list
identifying
the
personal
property
to
be
reclaimed
from
inside
the
vehicle,
which
shall
be
reclaimed
during
the
normal
business
hours
of
the
private
entity.
Reclaiming
personal
property
from
within
the
vehicle
does
not
constitute
reclaiming
the
vehicle.
A
private
entity
may
determine
the
manner
in
which
personal
property
is
retrieved
from
a
vehicle
subject
to
safety
and
security
procedures
established
by
the
private
entity
for
the
area
where
the
vehicle
is
stored.
Retrieval
of
personal
property
does
not
constitute
a
waiver
of
the
private
entity’s
lien
upon
the
vehicle
or
any
remaining
contents
in
the
private
entity’s
custody,
if
applicable.
(2)
For
purposes
of
this
paragraph,
“personal
property”
is
limited
to
items
that
are
readily
accessible
from
the
vehicle
and
that
do
not
require
dismantling
of
any
part
of
the
vehicle,
including
all
of
the
following:
(a)
Prescription
medication
for
the
vehicle
owner
or
for
a
legal
dependent
of
the
vehicle
owner.
(b)
Prosthetic
devices,
durable
medical
equipment,
and
mobility
enhancing
equipment
as
defined
under
701
IAC
220.7.
(c)
Child
care
items.
(d)
Uniforms
or
clothing
required
for
the
vehicle
owner’s
employment.
(e)
Personal
identification.
(f)
Credit
cards
or
debit
cards.
(g)
A
cellular
telephone.
(h)
A
portable
or
mobile
computer
including
but
not
limited
to
a
tablet.
(i)
Tools
of
trade
which
are
essential
equipment,
instruments,
or
machinery
required
to
perform
a
specific
job,
profession,
or
craft
in
which
the
vehicle
owner
is
currently
employed.
House
File
2617,
p.
4
(j)
A
purse
or
wallet.
(k)
Essential
documents
or
records
relating
to
legal,
financial,
tax,
or
employment
matters.
(l)
Prescription
eyeglasses.
(m)
Hearing
aids.
(n)
Dentures.
(o)
Keys
not
associated
with
the
vehicle
in
the
custody
of
the
private
entity.
NEW
SUBSECTION
.
3B.
Display
of
charges.
A
private
entity
that
takes
custody
of
an
abandoned
vehicle
shall
display
at
the
entity’s
place
of
business
in
a
manner
that
is
readily
visible
to
visitors
and
on
the
entity’s
internet
site,
if
applicable,
the
daily
storage
and
impound
fees
the
entity
will
charge.
NEW
SUBSECTION
.
6.
Preemption.
This
section
shall
be
implemented
uniformly
throughout
the
state.
This
section
preempts
any
county
or
municipal
ordinance
regarding
the
towing
of
an
abandoned
vehicle.
Sec.
5.
Section
321.89,
subsection
4,
Code
2026,
is
amended
to
read
as
follows:
4.
Reclamation
of
abandoned
vehicles.
A
private
entity
with
custody
of
an
abandoned
vehicle
shall
provide
an
itemized
account
of
all
fees
assessed
to
the
registered
owner
when
the
registered
owner
reclaims
the
vehicle.
Prior
to
driving
an
abandoned
vehicle
away
from
the
premises,
a
person
who
received
or
who
is
reclaiming
the
vehicle
on
behalf
of
a
person
who
received
notice
under
subsection
3
the
registered
owner
shall
present
to
the
police
authority
or
private
entity,
as
applicable,
the
person’s
valid
driver’s
license
and
proof
of
financial
liability
coverage
as
provided
in
section
321.20B
.
Sec.
6.
Section
321.90,
subsection
2,
paragraph
f,
Code
2026,
is
amended
to
read
as
follows:
f.
The
If
notice
was
provided
in
accordance
with
section
321.89,
subsection
3,
and
an
abandoned
motor
vehicle
was
not
reclaimed,
the
owner
of
an
abandoned
motor
vehicle
and
all
lienholders
shall
no
longer
have
any
right,
title,
claim,
or
interest
in
or
to
the
motor
vehicle;
and
no
court
in
any
case
House
File
2617,
p.
5
in
law
or
equity
shall
recognize
any
right,
title,
claim,
or
interest
of
any
owner
or
lienholders
after
the
disposal
of
the
motor
vehicle
to
a
demolisher.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2617,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor