Read the full stored bill text
Senate
File
230
-
Introduced
SENATE
FILE
230
BY
WAHLS
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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230
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
(4)
The
contact
information
for
the
person
who
authorized
19
the
tow.
20
2.
A
person
who
initiates
a
tow
shall
cease
all
towing
21
actions
if
the
vehicle
owner
arrives
at
the
location
of
the
22
owner’s
vehicle
before
the
tow
is
completed,
and
shall
release
23
the
vehicle
to
the
owner
if
the
owner
pays
a
fee.
A
person
who
24
initiates
and
then
ceases
towing
a
vehicle
shall
not
charge
25
a
fee
in
excess
of
fifty
percent
of
the
amount
that
would
be
26
charged
for
a
consensual
tow.
27
3.
A
person
who
has
towed
or
impounded
a
motor
vehicle
28
without
the
owner’s
consent
shall
do
all
of
the
following:
29
a.
Notify
the
vehicle
owner,
including
a
lienholder
if
30
applicable,
and
the
local
law
enforcement
agency
within
31
twenty-four
hours.
The
notice
must
include
the
vehicle’s
32
description,
the
location
where
the
vehicle
is
stored,
contact
33
information
for
the
person
who
towed
the
vehicle,
and
the
34
amount
of
fees
that
will
be
charged.
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b.
Display
all
towing
rates
at
the
person’s
place
of
1
business
and
on
the
person’s
internet
site,
if
applicable.
2
c.
Provide
an
itemized
account
detailing
all
fees
associated
3
with
a
tow.
4
d.
Allow
the
owner
of
the
vehicle
to
recover
the
vehicle
at
5
a
reasonable
time
and
during
at
least
a
ten-hour
period
on
a
6
day
other
than
a
Saturday
or
Sunday.
7
e.
Allow
the
owner
of
the
vehicle
to
access
personal
8
property
from
within
the
vehicle
without
reclaiming
the
9
vehicle.
10
f.
Accept
payment
by
credit
card,
in
addition
to
other
forms
11
of
payment.
12
g.
Reimburse
the
vehicle
owner
for
any
damage
to
the
vehicle
13
caused
by
the
person
who
towed
the
vehicle.
14
4.
A
person
shall
not
tow
a
motor
vehicle
unless
the
person
15
is
responding
to
a
request
to
tow
a
vehicle.
16
5.
A
fee
charged
by
a
person
who
towed
or
impounded
a
motor
17
vehicle
shall
not
exceed
the
amount
the
person
charges
for
a
18
consensual
tow
or
the
reasonable
storage
costs,
as
applicable.
19
6.
A
person
who
tows
a
motor
vehicle
shall
reimburse
the
20
vehicle
owner
for
all
costs
associated
with
the
tow
if
the
21
person
does
not
comply
with
this
section.
In
addition
to
the
22
reimbursement
and
any
criminal
penalty,
if
applicable,
the
23
person
shall
also
pay
the
vehicle
owner
an
amount
not
less
than
24
four
times
the
sum
of
the
towing
and
storage
fees.
25
7.
This
section
does
not
apply
to
abandoned
vehicles
which
26
may
be
taken
into
custody
as
provided
in
section
321.89
or
27
disposed
of
as
provided
in
section
321.90.
28
Sec.
2.
Section
321.89,
subsection
2,
Code
2025,
is
amended
29
to
read
as
follows:
30
2.
Authority
to
take
possession
of
abandoned
vehicles.
A
31
police
authority,
upon
the
authority’s
own
initiative
or
32
upon
the
request
of
any
other
authority
having
the
duties
of
33
control
of
highways
or
traffic,
shall
take
into
custody
an
34
abandoned
vehicle
on
public
property
and
may
take
into
custody
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an
abandoned
vehicle
on
private
property.
The
police
authority
1
may
employ
its
own
personnel,
equipment,
and
facilities
or
2
hire
a
private
entity,
equipment,
and
facilities
for
the
3
purpose
of
removing,
preserving,
storing,
or
disposing
of
4
abandoned
vehicles.
A
property
owner
or
other
person
in
5
control
of
private
property
may
employ
a
private
entity
who
6
is
a
garagekeeper,
as
defined
in
section
321.90
,
to
dispose
7
of
an
abandoned
vehicle,
and
the
private
entity
may
take
into
8
custody
the
abandoned
vehicle
without
a
police
authority’s
9
initiative.
If
a
police
authority
employs
a
private
entity
10
to
dispose
of
abandoned
vehicles,
the
police
authority
shall
11
provide
the
private
entity
with
the
names
and
addresses
of
the
12
registered
owners,
all
lienholders
of
record,
and
any
other
13
known
claimant
to
the
vehicle
or
the
personal
property
found
in
14
the
vehicle.
The
owners,
lienholders,
or
other
claimants
of
15
the
abandoned
vehicle
shall
not
have
a
cause
of
action
against
16
a
private
entity
for
action
taken
under
this
section
if
the
17
private
entity
provides
notice
,
allows
inspection,
and
provides
18
information
about
the
vehicle
as
required
by
subsection
3
,
19
paragraphs
“a”
through
“f”
.
20
Sec.
3.
Section
321.89,
subsection
3,
paragraphs
a,
e,
and
21
f,
Code
2025,
are
amended
to
read
as
follows:
22
a.
A
police
authority
or
private
entity
that
takes
into
23
custody
an
abandoned
vehicle
shall
send
notice
by
certified
24
mail
that
the
vehicle
has
been
taken
into
custody
no
more
than
25
twenty
five
days
after
taking
custody
of
the
vehicle.
Notice
26
shall
be
sent
to
the
last
known
address
of
record
of
the
last
27
known
registered
owner
of
the
vehicle,
all
lienholders
of
28
record,
and
any
other
known
claimant
to
the
vehicle.
29
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
30
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
31
property
within
the
ten-day
twenty-day
reclaiming
period,
the
32
owner,
lienholders,
or
claimants
shall
no
longer
have
any
33
right,
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
34
personal
property.
If
proper
notice
and
an
opportunity
to
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inspect
the
vehicle
is
not
provided
to
the
owners,
lienholders,
1
and
known
claimants,
there
shall
be
no
forfeiture
of
the
2
person’s
right,
title,
claim,
or
interest
in
or
to
the
vehicle
3
and
personal
property,
as
applicable.
4
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
5
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
6
or
claimants
after
the
expiration
of
the
ten-day
twenty-day
7
reclaiming
period
if
proper
notice
is
provided
to
the
owners,
8
lienholders,
and
known
claimants
as
required
in
this
subsection
9
and
such
persons
were
provided
timely
opportunity
to
inspect
10
the
vehicle
and
retrieve
personal
property,
as
applicable
.
11
Sec.
4.
Section
321.89,
subsection
3,
paragraph
b,
12
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
13
(3)
Information
for
the
persons
receiving
the
notice
of
14
their
right
to
inspect
and
reclaim
the
vehicle
and
personal
15
property
contained
therein
within
ten
twenty
days
after
the
16
effective
date
of
the
notice.
Persons
may
reclaim
the
vehicle
17
or
personal
property
upon
payment
of
all
reasonable
towing,
18
preservation,
and
storage
charges
resulting
from
placing
the
19
vehicle
in
custody
and
upon
payment
of
the
costs
of
notice
20
required
pursuant
to
this
subsection
.
Persons
may
reclaim
any
21
personal
property
from
a
vehicle
during
the
normal
business
22
hours
of
the
entity
with
custody
of
the
vehicle
at
no
cost
and
23
without
reclaiming
the
vehicle.
24
Sec.
5.
Section
321.89,
subsection
3,
paragraph
b,
Code
25
2025,
is
amended
by
adding
the
following
new
subparagraph:
26
NEW
SUBPARAGRAPH
.
(6)
An
itemized
account
of
all
fees
to
be
27
assessed
when
the
vehicle
is
reclaimed.
28
Sec.
6.
Section
321.89,
subsection
3,
Code
2025,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
0c.
A
person
who
receives
notice
under
31
this
subsection
may
request
to
inspect
the
vehicle
or
personal
32
property
contained
therein,
or
receive
specific
information
33
as
to
the
condition
of
the
vehicle
or
personal
property,
and
34
if
requested,
the
entity
with
custody
of
the
vehicle
shall
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provide
the
requested
information
or
an
opportunity
to
inspect
1
the
vehicle,
as
applicable,
prior
to
the
expiration
of
the
2
twenty-day
reclamation
period.
If
the
entity
with
custody
of
3
the
vehicle
fails
to
timely
provide
the
requested
information
4
or
an
opportunity
to
inspect
the
vehicle
and
personal
property
5
therein,
the
entity
shall
not
sell
or
dispose
of
the
vehicle
or
6
personal
property
until
the
requested
information
is
provided
7
or
the
inspection
occurs,
at
which
point
the
period
to
reclaim
8
the
vehicle
is
extended
for
five
additional
days
after
the
9
information
is
provided
or
the
inspection
takes
place.
10
Sec.
7.
Section
321.89,
subsection
4,
Code
2025,
is
amended
11
to
read
as
follows:
12
4.
Reclamation
of
abandoned
vehicles
and
personal
13
property
.
An
entity
with
custody
of
an
abandoned
vehicle
shall
14
provide
an
itemized
account
of
all
fees
assessed
when
the
15
vehicle
is
reclaimed.
Prior
to
driving
an
abandoned
vehicle
16
away
from
the
premises,
a
person
who
received
,
or
who
is
17
reclaiming
the
vehicle
on
behalf
of
a
person
who
received
,
18
notice
under
subsection
3
shall
present
to
the
police
authority
19
or
private
entity,
as
applicable,
the
person’s
valid
driver’s
20
license
and
proof
of
financial
liability
coverage
as
provided
21
in
section
321.20B
.
During
the
normal
business
hours
of
the
22
entity
with
custody
of
the
vehicle,
a
person
may
retrieve
the
23
person’s
personal
property
left
in
the
vehicle
at
no
cost
and
24
without
reclaiming
the
vehicle.
25
Sec.
8.
Section
321.89,
subsection
5,
Code
2025,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
0b.
If
an
abandoned
vehicle
is
sold
and
the
28
entity
that
took
the
vehicle
into
custody
failed
to
provide
29
the
required
notice
and
opportunity
to
inspect
and
reclaim
the
30
vehicle
and
personal
property,
as
applicable,
the
entity
who
31
sold
the
vehicle
shall
pay
a
lienholder,
if
applicable,
the
32
amount
remaining
on
the
vehicle
loan.
33
Sec.
9.
Section
321.90,
subsection
2,
paragraph
f,
Code
34
2025,
is
amended
to
read
as
follows:
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f.
The
owner
of
an
abandoned
motor
vehicle
and
all
1
lienholders
shall
no
longer
have
any
right,
title,
claim,
or
2
interest
in
or
to
the
motor
vehicle;
and
no
court
in
any
case
3
in
law
or
equity
shall
recognize
any
right,
title,
claim,
or
4
interest
of
any
owner
or
lienholders
after
the
disposal
of
the
5
motor
vehicle
to
a
demolisher
,
so
long
as
proper
notice
and
an
6
opportunity
to
inspect
the
vehicle
and
personal
property
in
7
accordance
with
section
321.89,
subsection
3,
was
provided
.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
regulates
towing
and
impounding
motor
vehicles.
12
The
bill
requires
a
person
who
tows
a
vehicle
without
the
13
owner’s
consent
to
post
certain
signs
on
private
property
14
where
the
person
is
authorized
to
tow
vehicles,
document
the
15
towing
with
photographs,
and
maintain
records
relating
to
16
each
tow.
The
bill
requires
a
person
to
cease
an
incomplete
17
tow
if
the
vehicle
owner
arrives,
and
prohibits
a
person
from
18
charging
a
fee
for
more
than
one-half
of
the
amount
that
would
19
be
charged
for
a
consensual
tow.
A
vehicle
owner
must
pay
the
20
fee
before
the
person
towing
the
vehicle
is
required
to
release
21
the
vehicle
to
the
owner.
After
towing
a
vehicle
without
the
22
owner’s
consent,
the
person
who
towed
the
vehicle
must
notify
23
the
owner
and
the
local
law
enforcement
agency,
display
towing
24
and
impound
rates,
provide
an
itemized
account
with
fees
not
25
exceeding
the
amount
the
person
charges
for
a
consensual
tow
26
or
the
reasonable
storage
costs,
allow
the
owner
to
recover
27
personal
property
from
within
the
vehicle,
accept
payment
by
28
credit
card,
and
reimburse
the
vehicle
owner
for
any
damage
to
29
the
vehicle
caused
during
the
tow.
30
The
bill
prohibits
a
person
from
towing
a
vehicle
without
the
31
owner’s
consent
unless
the
person
is
responding
to
a
request
32
for
a
tow.
A
person
who
tows
a
vehicle
must
reimburse
the
33
vehicle
owner
for
all
costs
associated
with
the
tow
if
the
34
person
does
not
comply
with
the
bill.
In
addition
to
the
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reimbursement
and
any
criminal
penalty,
the
person
must
also
1
pay
the
vehicle
owner
an
amount
not
less
than
four
times
the
2
sum
of
the
towing
and
storage
fees.
The
bill’s
provisions
3
relating
to
the
towing
of
a
vehicle
without
the
owner’s
consent
4
do
not
apply
to
abandoned
vehicles.
5
Code
sections
321.89
and
321.90
regulate
the
taking
into
6
custody
and
the
disposal
of
abandoned
vehicles,
as
defined
7
in
Code
section
321.89.
The
bill
amends
certain
provisions
8
regarding
required
notices
and
information
relating
to
an
9
abandoned
vehicle,
the
timeline
to
inspect
or
reclaim
a
10
vehicle,
the
reclamation
of
personal
property
from
within
an
11
abandoned
vehicle,
and
the
disposal
of
an
abandoned
vehicle,
12
and
requires
an
opportunity
for
a
person
to
inspect
an
13
abandoned
vehicle.
14
The
bill
reduces
the
period
of
time
within
which
an
entity
15
that
takes
custody
of
an
abandoned
vehicle
is
required
to
send
16
notice
that
the
vehicle
has
been
taken
into
custody
from
no
17
more
than
20
days
to
no
more
than
5
days
after
taking
custody
18
of
the
vehicle.
The
bill
increases
the
reclaiming
period
for
19
a
person
who
receives
notice
from
10
days
to
20
days
after
20
notice
is
received.
The
bill
requires
an
entity
with
control
21
of
an
abandoned
vehicle
to
provide
an
itemized
account
of
all
22
fees
assessed
when
a
vehicle
is
reclaimed,
to
allow
access
for
23
persons
to
inspect
the
vehicle
and
share
information
about
the
24
vehicle,
if
requested,
and
to
provide
notice
of
such.
The
25
reclaiming
period
is
extended
by
5
days
if
an
entity
fails
to
26
provide
requested
information
or
allow
an
inspection
of
the
27
vehicle.
28
Under
current
law,
persons
who
receive
notice
regarding
an
29
abandoned
vehicle
lose
their
right
to
the
vehicle
and
personal
30
property
within
the
vehicle
after
the
expiration
of
the
31
reclaiming
period.
The
bill
provides
that
if
proper,
timely
32
notice
is
not
provided,
any
known
claimant
does
not
forfeit
the
33
right
to
reclaim
the
vehicle
or
personal
property.
34
Current
law
requires
a
person
to
pay
all
towing
preservation
35
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S.F.
230
and
storage
charges
resulting
from
placing
an
abandoned
1
vehicle
in
custody
prior
to
reclaiming
the
vehicle
or
personal
2
property.
The
bill
requires
all
such
charges
to
be
reasonable,
3
and
authorizes
a
person
to
reclaim
personal
property
from
a
4
vehicle
during
the
normal
business
hours
of
the
entity
with
5
custody
of
the
vehicle
at
no
cost
and
without
reclaiming
the
6
vehicle.
7
The
bill
requires
an
entity
that
sells
an
abandoned
vehicle
8
to
pay
a
lienholder,
if
applicable,
the
amount
remaining
on
9
the
vehicle
loan
if
the
vehicle
is
sold
and
the
entity
that
10
took
it
into
custody
failed
to
provide
required
notices
and
an
11
opportunity
to
inspect
and
reclaim
the
vehicle
and
personal
12
property,
as
applicable.
13
By
operation
of
law,
it
is
a
simple
misdemeanor
for
a
person
14
to
do
an
act
forbidden
or
to
fail
to
perform
an
act
required
15
by
Code
chapter
321,
including
the
provisions
of
the
bill.
A
16
simple
misdemeanor
is
punishable
by
confinement
for
no
more
17
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
18
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8