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SF2457 • 2026

A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

Budget
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
COMMITTEE ON COMMERCE
Last action
2026-03-25
Official status
Committee report approving bill, renumbered as SF 2475 . S.J. 646 .
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

What This Bill Does

  • A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-25 Iowa Legislature

    Committee report approving bill, renumbered as SF 2475 . S.J. 646 .

  2. 2026-03-04 Iowa Legislature

    Subcommittee recommends passage.

  3. 2026-03-03 Iowa Legislature

    Subcommittee Meeting: 03/04/2026 12:30PM Room 315.

  4. 2026-02-24 Iowa Legislature

    Subcommittee: Bousselot, Blake, and Koelker. S.J. 394 .

  5. 2026-02-24 Iowa Legislature

    Referred to Appropriations. S.J. 377 .

  6. 2026-02-23 Iowa Legislature

    Committee report, approving bill. S.J. 365 .

  7. 2026-02-23 Iowa Legislature

    Introduced, placed on calendar. S.J. 360 .

Official Summary Text

A bill for an act relating to abandoned vehicles, and making appropriations.(Formerly SSB 3061 ; See SF 2475 .)

Current Bill Text

Read the full stored bill text
Senate

File

2457

-

Introduced

SENATE

FILE

2457

BY

COMMITTEE

ON

COMMERCE

(SUCCESSOR

TO

SSB

3061)

A

BILL

FOR

An

Act

relating

to

abandoned

vehicles,

and

making

1

appropriations.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

5115SV

(1)

91

th/ns

S.F.

2457

Section

1.

Section

321.89,

subsection

2,

Code

2026,

is

1

amended

to

read

as

follows:

2

2.

Authority

to

take

possession

of

abandoned

vehicles.

A

3

police

authority,

upon

the

authority’s

own

initiative

or

4

upon

the

request

of

any

other

authority

having

the

duties

of

5

control

of

highways

or

traffic,

shall

take

into

custody

an

6

abandoned

vehicle

on

public

property

and

may

take

into

custody

7

an

abandoned

vehicle

on

private

property.

The

police

authority

8

may

employ

its

own

personnel,

equipment,

and

facilities

or

9

hire

a

private

entity,

equipment,

and

facilities

for

the

10

purpose

of

removing,

preserving,

storing,

or

disposing

of

11

abandoned

vehicles.

A

property

owner

or

other

person

in

12

control

of

private

property

may

employ

a

private

entity

who

is

13

a

garagekeeper,

as

defined

in

section

321.90

,

to

dispose

of

an

14

abandoned

vehicle,

and

the

private

entity

may

take

into

custody

15

the

abandoned

vehicle

without

a

police

authority’s

initiative.

16

If

a

police

authority

employs

a

private

entity

to

dispose

of

17

abandoned

vehicles,

the

police

authority

shall

provide

the

18

private

entity

with

the

names

and

addresses

of

the

registered

19

owners,

all

lienholders

of

record,

and

any

other

known

claimant

20

to

the

vehicle

or

the

personal

property

found

in

the

vehicle.

21

The

owners,

lienholders,

or

other

claimants

of

the

abandoned

22

vehicle

shall

not

have

a

cause

of

action

against

a

private

23

entity

for

action

taken

under

this

section

if

the

private

24

entity

provides

notice

as

required

by

subsection

3

,

paragraphs

25

“a”

through

“f”

.

26

Sec.

2.

Section

321.89,

subsection

3,

paragraph

a,

Code

27

2026,

is

amended

to

read

as

follows:

28

a.

A

police

authority

or

private

entity

that

takes

into

29

custody

an

abandoned

vehicle

shall

send

notice

by

certified

30

mail

that

the

vehicle

has

been

taken

into

custody

no

more

than

31

twenty

ten

days

after

taking

custody

of

the

vehicle.

Notice

32

shall

be

sent

to

the

last

known

address

of

record

of

the

last

33

known

registered

owner

of

the

vehicle,

all

lienholders

of

34

record,

and

any

other

known

claimant

to

the

vehicle.

35

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11

S.F.

2457

Sec.

3.

Section

321.89,

subsection

3,

paragraph

b,

1

subparagraph

(3),

Code

2026,

is

amended

to

read

as

follows:

2

(3)

Information

for

the

persons

receiving

the

notice

of

3

their

right

to

reclaim

the

vehicle

and

personal

property

4

contained

therein

within

ten

twenty

days

after

the

effective

5

date

of

the

notice.

Persons

may

reclaim

the

vehicle

or

6

personal

property

upon

payment

of

all

towing,

preservation,

and

7

storage

charges

resulting

from

placing

the

vehicle

in

custody

8

and

upon

payment

of

the

costs

of

notice

required

pursuant

to

9

this

subsection

.

10

Sec.

4.

Section

321.89,

subsection

3,

paragraphs

e

and

f,

11

Code

2026,

are

amended

by

striking

the

paragraphs.

12

Sec.

5.

Section

321.89,

Code

2026,

is

amended

by

adding

the

13

following

new

subsection:

14

NEW

SUBSECTION

.

3A.

Abandoned

vehicles

in

custody.

15

a.

A

private

entity

that

takes

an

abandoned

vehicle

into

16

custody

may

charge

towing,

preservation,

storage,

or

other

17

fees

during

the

first

twenty-four

hours

after

taking

custody

18

of

the

vehicle.

After

twenty-four

hours,

additional

towing,

19

preservation,

and

storage

fees

shall

not

accrue

until

the

20

vehicle

owner,

lienholders,

and

any

known

claimants

are

21

notified

in

accordance

with

subsection

3.

Failure

to

send

22

notice

as

required

by

subsection

3

invalidates

any

claim

by

a

23

private

entity

for

payment

of

all

such

fees.

24

b.

A

lienholder

or

insurance

company

who

receives

notice

25

under

subsection

3

may

request

information

regarding

the

26

condition

of

the

vehicle.

The

private

entity

having

custody

of

27

the

vehicle

may

charge

a

fee

not

to

exceed

one

hundred

dollars

28

to

the

lienholder

or

insurance

company

for

inspection

of

the

29

vehicle.

If

such

a

request

is

made

and

when

the

fee

is

paid,

30

the

private

entity

with

custody

of

the

vehicle

may

satisfy

31

the

request

by

allowing

a

representative

of

the

lienholder

or

32

insurance

company

onto

the

premises

to

inspect

the

vehicle,

or

33

by

providing

the

lienholder

or

insurance

company

with

photos

of

34

the

vehicle

sufficient

to

reasonably

ascertain

the

condition

of

35

-2-

LSB

5115SV

(1)

91

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2/

11

S.F.

2457

the

vehicle.

If

requested,

the

private

entity

shall

provide

1

photos

or

access

to

the

vehicle

prior

to

the

expiration

of

the

2

twenty-day

reclamation

period.

3

c.

A

person

may

reclaim

personal

property

from

within

4

the

vehicle,

so

long

as

the

property

is

not

attached

to

the

5

vehicle,

only

once

while

the

vehicle

is

in

custody

of

a

private

6

entity.

A

person

may

provide

the

private

entity

a

list

of

the

7

personal

property

to

be

reclaimed

that

is

inside

the

vehicle,

8

or

the

private

entity

may

allow

the

vehicle

owner

to

reclaim

9

personal

property

from

inside

the

vehicle

during

the

normal

10

business

hours

of

the

private

entity.

Reclaiming

personal

11

property

from

inside

the

vehicle

does

not

constitute

reclaiming

12

the

vehicle.

13

d.

If

notice

is

provided

as

required

in

subsection

3,

14

and

the

persons

receiving

notice

do

not

ask

for

a

hearing

15

before

the

police

authority

or

reclaim

the

vehicle

or

personal

16

property

within

the

twenty-day

reclaiming

period,

the

owner,

17

lienholders,

or

claimants

shall

not

have

a

right

to,

title

in,

18

claim

for,

or

interest

in

the

vehicle

or

personal

property

in

19

the

vehicle.

20

e.

If

notice

is

not

provided

as

required

in

subsection

3,

21

and

a

police

authority

or

private

entity

takes

custody

of

the

22

vehicle

and

sells

the

vehicle

at

auction,

the

police

authority

23

or

private

entity,

as

applicable,

shall

pay

the

lienholder

24

from

the

auction

proceeds

the

remaining

amount

owed

on

the

25

vehicle

loan,

up

to

the

total

amount

of

the

proceeds.

The

26

police

authority

or

private

entity

shall

then

pay

the

remaining

27

proceeds

to

the

vehicle

owner.

28

Sec.

6.

Section

321.89,

subsection

4,

Code

2026,

is

amended

29

to

read

as

follows:

30

4.

Reclamation

of

abandoned

vehicles.

A

private

entity

31

with

custody

of

an

abandoned

vehicle

shall

provide

an

itemized

32

account

of

all

fees

assessed

when

the

vehicle

is

reclaimed.

33

Prior

to

driving

an

abandoned

vehicle

away

from

the

premises,

34

a

person

who

received

,

or

who

is

reclaiming

the

vehicle

on

35

-3-

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(1)

91

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3/

11

S.F.

2457

behalf

of

a

person

who

received

,

notice

under

subsection

3

1

shall

present

to

the

police

authority

or

private

entity,

as

2

applicable,

the

person’s

valid

driver’s

license

and

proof

of

3

financial

liability

coverage

as

provided

in

section

321.20B

.

4

Sec.

7.

Section

321.89,

subsection

5,

paragraphs

b

and

c,

5

Code

2026,

are

amended

to

read

as

follows:

6

b.

(1)

From

the

proceeds

of

the

sale

of

an

abandoned

7

vehicle

after

proper

notice

was

provided,

the

police

authority,

8

if

the

police

authority

did

not

hire

a

private

entity,

shall

9

reimburse

itself

for

the

expenses

of

the

auction,

the

costs

of

10

towing,

preserving,

and

storing

which

resulted

from

placing

the

11

abandoned

vehicle

in

custody,

all

notice

and

publication

costs

12

incurred

pursuant

to

subsection

3

,

the

cost

of

inspection,

and

13

any

other

costs

incurred

except

costs

of

bookkeeping

and

other

14

administrative

costs.

15

(2)

Any

remainder

from

the

proceeds

of

a

sale

shall

be

16

held

first

for

any

lienholder

of

record,

if

applicable,

for

17

thirty

days

after

notice

is

provided

under

paragraph

“d”

,

and

18

second

for

the

any

owner

of

the

vehicle

or

entitled

lienholder

19

for

ninety

for

an

additional

sixty

days

,

and

shall

then

be

20

deposited

in

the

road

use

tax

fund

.

The

21

(3)

Any

remaining

proceeds

shall

be

submitted

to

the

22

department

and

deposited

in

the

statutory

allocations

fund

23

created

in

section

321.145.

Whenever

the

proceeds

from

the

24

sale

of

an

abandoned

vehicle

are

insufficient

to

meet

the

costs

25

to

police

authorities

of

auction,

towing,

preserving,

storage,

26

and

all

notice

and

publication

costs,

and

all

other

costs

which

27

result

from

placing

abandoned

vehicles

in

custody,

whenever

the

28

proceeds

from

a

sale

of

the

abandoned

vehicles

are

insufficient

29

to

meet

these

expenses

and

costs,

shall

be

paid

authorized

for

30

reimbursement

under

subparagraph

(1)

for

a

police

authority,

31

the

department

shall

pay

the

remaining

reimbursement

amount

32

to

the

police

authority

from

the

road

use

tax

statutory

33

allocations

fund

and

are

the

obligation

of

the

last

owner

or

34

owners,

.

The

person

or

persons

who

owned

the

vehicle

when

it

35

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91

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4/

11

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2457

was

taken

into

custody

are

jointly

and

severally

liable

for

1

reimbursing

the

department,

to

the

credit

of

the

statutory

2

allocations

fund,

the

costs

paid

to

a

police

authority

under

3

this

subparagraph

.

4

c.

The

director

of

transportation

department

shall

establish

5

by

rule

adopt

rules

pursuant

to

chapter

17A

providing

a

claims

6

procedure

to

be

followed

by

police

authorities

in

obtaining

7

expenses

and

costs

from

the

statutory

allocations

fund

,

and

8

procedures

for

reimbursement

of

expenses

and

costs

from

the

9

statutory

allocations

fund

to

a

private

entity

hired

by

a

10

police

authority

to

take

custody

of

an

abandoned

vehicle.

11

If

a

private

entity

has

been

hired

by

a

police

authority,

12

the

police

authority

shall

file

a

claim

with

the

department

13

for

reimbursement

of

towing

fees

the

private

entity’s

costs

14

authorized

for

reimbursement

under

paragraph

“0c”

,

which

shall

15

be

paid

from

the

road

use

tax

statutory

allocations

fund.

16

Sec.

8.

Section

321.89,

subsection

5,

Code

2026,

is

amended

17

by

adding

the

following

new

paragraphs:

18

NEW

PARAGRAPH

.

0c.

(1)

From

the

proceeds

of

the

sale

19

of

an

abandoned

vehicle

after

proper

notice

was

provided,

a

20

private

entity

may

reimburse

itself

only

for

the

expenses

of

21

the

auction,

the

costs

of

towing,

preserving,

and

storing

which

22

resulted

from

placing

the

abandoned

vehicle

in

custody,

all

23

notice

and

publication

costs

incurred

pursuant

to

subsection

3,

24

the

cost

of

inspection,

and

any

other

costs

incurred,

except

25

costs

of

bookkeeping

and

other

administrative

costs.

26

(2)

Any

remainder

from

the

proceeds

of

a

sale

shall

be

held

27

first

for

any

lienholder

of

record,

if

applicable,

for

thirty

28

days

after

notice

is

provided

under

paragraph

“d”

,

and

second

29

for

any

owner

of

record

for

an

additional

sixty

days.

30

(3)

Any

remaining

proceeds

shall

be

submitted

to

the

31

department

and

deposited

in

the

statutory

allocations

fund

32

created

under

section

321.145.

Whenever

the

proceeds

from

33

the

sale

of

an

abandoned

vehicle

are

insufficient

to

meet

34

the

expenses

and

costs

authorized

for

reimbursement

under

35

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2457

subparagraph

(1)

for

a

private

entity

hired

by

a

police

1

authority,

the

department

shall

pay

the

remaining

reimbursement

2

amount

to

the

private

entity

from

the

statutory

allocations

3

fund.

The

person

or

persons

who

owned

the

vehicle

when

it

4

was

taken

into

custody

are

jointly

and

severally

liable

for

5

reimbursing

the

department,

to

the

credit

of

the

statutory

6

allocations

fund,

the

costs

paid

to

a

private

entity

under

this

7

subparagraph.

8

NEW

PARAGRAPH

.

d.

After

the

sale

of

an

abandoned

vehicle,

9

the

private

entity

or

police

authority

who

sold

the

vehicle

at

10

auction

shall,

within

ten

days

after

the

sale,

send

notice

by

11

certified

mail

to

the

person

who

owned

the

vehicle

when

it

was

12

taken

into

custody

and

to

any

lienholders

of

record

detailing

13

the

amount

of

proceeds

remaining

and

the

timeline

for

claiming

14

the

proceeds.

Notice

shall

be

deemed

given

when

mailed.

15

Sec.

9.

Section

321.89,

Code

2026,

is

amended

by

adding

the

16

following

new

subsections:

17

NEW

SUBSECTION

.

6.

Display

of

charges.

A

private

entity

18

that

takes

custody

of

an

abandoned

vehicle

shall

display

at

the

19

entity’s

place

of

business

in

a

manner

that

is

readily

visible

20

to

visitors

and

on

the

entity’s

internet

site,

if

applicable,

21

the

maximum

towing,

preservation,

and

storage

fees

the

entity

22

will

charge.

23

NEW

SUBSECTION

.

7.

Violations

committed

by

private

24

entities.

A

violation

of

this

section

committed

by

a

private

25

entity

is

a

prohibited

practice

or

act

under

section

714H.3.

26

Sec.

10.

Section

321.90,

subsection

2,

paragraph

f,

Code

27

2026,

is

amended

to

read

as

follows:

28

f.

The

owner

of

an

abandoned

motor

vehicle

and

all

29

lienholders

shall

no

longer

have

any

right,

title,

claim,

or

30

interest

in

or

to

the

motor

vehicle;

and

no

court

in

any

case

31

in

law

or

equity

shall

recognize

any

right,

title,

claim,

or

32

interest

of

any

owner

or

lienholders

after

the

disposal

of

the

33

motor

vehicle

to

a

demolisher

;

so

long

as

notice

in

accordance

34

with

section

321.89,

subsection

3,

was

provided

.

35

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Sec.

11.

Section

321.145,

subsection

2,

unnumbered

1

paragraph

1,

Code

2026,

is

amended

to

read

as

follows:

2

Revenues

derived

from

trailer

registration

fees

collected

3

pursuant

to

sections

321.105

and

321.105A

,

fees

charged

for

4

driver’s

licenses

and

nonoperator’s

identification

cards,

fees

5

charged

for

commercial

driver’s

license

driving

skills

tests

6

pursuant

to

section

321.187A

,

fees

charged

for

the

issuance

7

of

a

certificate

of

title,

the

certificate

of

title

surcharge

8

collected

pursuant

to

section

321.52A

,

proceeds

from

the

sale

9

of

an

abandoned

vehicle

pursuant

to

section

321.89,

subsection

10

5,

paragraphs

“b”

and

“0c”

,

and

revenues

credited

pursuant

11

to

section

423.43,

subsection

2

,

and

section

423C.5

shall

be

12

deposited

in

a

fund

to

be

known

as

the

statutory

allocations

13

fund

under

the

control

of

the

department

and

credited

as

14

follows:

15

Sec.

12.

Section

321.145,

subsection

2,

paragraph

a,

Code

16

2026,

is

amended

by

adding

the

following

new

subparagraph:

17

NEW

SUBPARAGRAPH

.

(5)

An

amount

not

to

exceed

the

amount

18

for

reimbursement

for

expenses

and

costs

in

a

claim

filed

by

a

19

police

authority

in

accordance

with

section

321.89,

subsection

20

5,

paragraph

“c”

.

21

Sec.

13.

Section

714H.3,

subsection

2,

Code

2026,

is

amended

22

by

adding

the

following

new

paragraph:

23

NEW

PARAGRAPH

.

0c.

Section

321.89,

if

the

person

is

a

24

private

entity.

25

EXPLANATION

26

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

27

the

explanation’s

substance

by

the

members

of

the

general

assembly.

28

Code

sections

321.89

and

321.90

regulate

the

taking

into

29

custody

and

disposal

of

abandoned

vehicles,

as

defined

in

Code

30

section

321.89.

31

Current

law

requires

an

entity

that

takes

custody

of

an

32

abandoned

vehicle

to

send

notice

by

certified

mail

to

all

known

33

claimants

of

the

vehicle

no

more

than

20

days

after

taking

34

custody

of

the

vehicle.

This

bill

requires

such

notice

to

be

35

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2457

sent

no

more

than

10

days

after

taking

custody

of

the

vehicle.

1

Under

current

law

and

the

bill,

notice

is

deemed

given

when

2

mailed.

3

Current

law

requires

a

person

to

ask

for

a

hearing

regarding

4

an

abandoned

vehicle,

or

reclaim

an

abandoned

vehicle

and

5

personal

property

left

inside

such

vehicle,

within

10

days

6

after

notice

is

mailed.

The

bill

extends

the

reclamation

7

period

to

20

days.

If

notice

is

not

provided

and

a

private

8

entity

or

police

authority

takes

custody

of

the

vehicle

and

9

sells

the

vehicle

at

auction,

the

bill

requires

payment

to

the

10

lienholder

from

the

auction

proceeds

as

much

as

those

proceeds

11

can

cover

of

the

remainder

owed

on

the

vehicle

loan

before

12

paying

the

vehicle

owner.

13

The

bill

authorizes

a

private

entity

that

takes

a

vehicle

14

into

custody

to

charge

towing,

preservation,

storage,

or

15

other

fees

during

the

first

24

hours

after

taking

custody

of

16

a

vehicle.

After

24

hours,

towing,

preservation,

and

storage

17

fees

do

not

accrue

until

the

vehicle

owner,

lienholders,

and

18

any

known

claimants

are

notified.

A

claim

by

a

private

entity

19

for

payment

of

all

such

fees

is

invalid

when

a

private

entity

20

fails

to

send

notice.

21

Under

the

bill,

a

lienholder

or

insurance

company

who

22

receives

notice

may

request

information

regarding

the

condition

23

of

the

vehicle.

The

private

entity

having

custody

of

the

24

vehicle

may

charge

an

inspection

fee

not

to

exceed

$100.

An

25

inspection

may

be

in

person

or

the

private

entity

is

authorized

26

to

provide

photos

of

the

vehicle

sufficient

to

reasonably

27

ascertain

the

condition

of

the

vehicle.

A

private

entity

must

28

comply

with

an

inspection

request

prior

to

the

expiration

of

29

the

20-day

reclamation

period.

30

The

bill

authorizes

a

person

to

reclaim

personal

property

31

from

within

the

vehicle

without

paying

reclamation

fees,

so

32

long

as

the

property

is

not

attached

to

the

vehicle,

only

once

33

while

the

vehicle

is

in

custody

of

a

private

entity.

34

The

bill

requires

a

private

entity

with

custody

of

an

35

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abandoned

vehicle

to

provide

an

itemized

account

of

all

fees

1

assessed

when

the

vehicle

is

reclaimed.

2

Under

current

law,

if

an

abandoned

vehicle

is

not

reclaimed,

3

it

can

be

sold

at

public

auction

or

for

junk

or

scrap

if

it

4

is

determined

to

not

be

appropriate

for

highway

use.

The

5

bill

directs

how

proceeds

of

a

sold

abandoned

vehicle

are

6

distributed.

If

proper

notice

was

provided,

a

private

entity

7

or

police

authority

may

reimburse

itself

only

for

costs

8

incurred,

except

costs

of

bookkeeping

and

other

administrative

9

costs.

Any

remainder

from

the

proceeds

of

a

sale

must

be

held

10

first

for

any

lienholder

of

record,

if

applicable,

for

30

days

11

after

notice

of

the

sale

is

provided,

and

second

for

any

owner

12

of

record

for

an

additional

60

days.

Current

law

only

requires

13

a

police

authority

to

hold

proceeds

from

a

sale

for

both

the

14

lienholder

and

owner

for

90

days.

The

bill

requires

any

15

remaining

proceeds

to

be

deposited

in

the

statutory

allocations

16

fund

(SAF)

rather

than

the

road

use

tax

fund.

A

private

entity

17

that

was

hired

by

a

police

authority

must

be

paid

from

the

18

SAF

the

amount

incurred

by

the

entity

that

was

not

otherwise

19

recouped

by

the

entity

from

the

sale.

The

person

or

persons

20

who

owned

the

vehicle

when

it

was

taken

into

custody

are

21

jointly

and

severally

liable

for

reimbursing

the

SAF

for

those

22

costs.

Pursuant

to

current

law,

revenues

remaining

in

the

SAF

23

at

the

end

of

a

fiscal

year

are

credited

to

the

road

use

tax

24

fund.

25

After

the

sale

of

an

abandoned

vehicle,

the

bill

requires

26

a

private

entity

or

police

authority

who

sold

the

vehicle

at

27

auction,

within

10

days

after

the

sale,

to

send

notice

by

28

certified

mail

to

the

person

who

owned

the

vehicle

when

it

was

29

taken

into

custody

and

to

any

lienholders

of

record

detailing

30

the

amount

of

proceeds

remaining

and

the

timeline

for

claiming

31

the

proceeds.

32

The

department

of

transportation

(DOT)

is

required

to

adopt

33

administrative

rules

providing

a

claims

procedure

for

police

34

authorities

to

obtain

expenses

and

costs

from

the

SAF,

for

35

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2457

private

entities

to

remit

excess

proceeds

to

the

SAF,

and

for

1

payment

from

the

SAF

for

expenses

and

costs

incurred

by

a

2

police

authority

or

private

entity

hired

by

a

police

authority.

3

If

a

private

entity

was

hired

by

a

police

authority,

the

police

4

authority

must

file

a

claim

with

the

DOT

for

reimbursement

of

5

the

private

entity’s

costs.

6

A

violation

of

Code

section

321.89,

as

amended

by

the

bill,

7

committed

by

a

private

entity

is

a

prohibited

practice

or

8

act

under

Code

section

714H.3.

Pursuant

to

current

law,

a

9

consumer

who

suffers

an

ascertainable

loss

of

money

or

property

10

as

the

result

of

a

prohibited

practice

or

act

in

violation

11

of

Code

chapter

714H

may

bring

an

action

at

law

to

recover

12

actual

damages.

The

court

may

order

such

equitable

relief,

13

including

reasonable

attorney

fees,

as

it

deems

necessary

to

14

protect

the

public

from

further

violations,

including

temporary

15

and

permanent

injunctive

relief.

If

the

finder

of

fact

finds

16

by

a

preponderance

of

clear,

convincing,

and

satisfactory

17

evidence

that

a

prohibited

practice

or

act

constitutes

willful

18

and

wanton

disregard

for

the

rights

or

safety

of

another,

in

19

addition

to

an

award

of

actual

damages,

statutory

damages

up

20

to

three

times

the

amount

of

actual

damages

may

be

awarded

21

to

a

prevailing

consumer.

A

consumer

must

bring

a

consumer

22

fraud

action

within

two

years

of

the

occurrence

of

the

event

23

giving

rise

to

the

cause

of

action

or

within

two

years

of

the

24

discovery

of

the

violation,

whichever

is

later.

25

Because

the

bill

places

additional

requirements

on

police

26

authorities

and

private

entities

beyond

the

notice

requirements

27

under

current

law,

the

bill

strikes

certain

provisions

limiting

28

claims

or

rights

when

proper

notice

is

provided

or

after

the

29

reclamation

period.

The

bill

instead

provides

that

if

proper

30

notice

is

provided

and

the

persons

receiving

notice

do

not

31

ask

for

a

hearing

before

the

police

authority

or

reclaim

the

32

vehicle

or

personal

property

within

the

20-day

reclaiming

33

period,

the

owner,

lienholders,

or

claimants

shall

not

have

a

34

right

to,

title

in,

claim

for,

or

interest

in

the

vehicle

or

35

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personal

property

in

the

vehicle.

For

disposal

to

a

demolisher

1

under

Code

section

321.90,

such

rights

and

claims

are

limited

2

only

if

proper

notice

is

provided.

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11