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Senate
File
468
-
Introduced
SENATE
FILE
468
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1038)
A
BILL
FOR
An
Act
relating
to
abandoned
vehicles,
and
making
penalties
1
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.89,
subsection
3,
paragraphs
a,
e,
1
and
f,
Code
2025,
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
twenty-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.
However,
if
notice
is
not
provided
to
a
15
lienholder
as
required
in
this
subsection,
and
a
private
entity
16
takes
custody
of
the
vehicle
and
sells
the
vehicle
at
auction,
17
the
private
entity
shall
pay
the
lienholder
from
the
auction
18
proceeds
as
much
as
those
proceeds
can
cover
of
the
remainder
19
owed
on
the
vehicle
loan.
The
private
entity
shall
pay
the
20
lienholder
before
the
private
entity
uses
the
auction
proceeds
21
for
any
other
purpose.
22
f.
A
court
in
any
case
in
law
or
equity
shall
not
23
recognize
any
right,
title,
claim,
or
interest
of
the
owner,
24
lienholders,
or
claimants
after
the
expiration
of
the
ten-day
25
twenty-day
reclaiming
period
if
notice
is
provided
to
the
26
owners,
lienholders,
and
known
claimants
as
required
in
this
27
subsection
.
28
Sec.
2.
Section
321.89,
subsection
3,
paragraph
b,
29
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
30
(3)
Information
for
the
persons
receiving
the
notice
of
31
their
right
to
reclaim
the
vehicle
and
personal
property
32
contained
therein
within
ten
twenty
days
after
the
effective
33
date
of
the
notice.
Persons
may
reclaim
the
vehicle
or
34
personal
property
upon
payment
of
all
towing,
preservation,
and
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storage
charges
resulting
from
placing
the
vehicle
in
custody
1
and
upon
payment
of
the
costs
of
notice
required
pursuant
to
2
this
subsection
.
Persons
may
reclaim
any
personal
property
3
that
is
not
attached
to
a
vehicle
from
the
vehicle
during
the
4
normal
business
hours
of
the
entity,
by
providing
the
entity
5
a
list
of
the
personal
items
inside
the
vehicle
and
paying
6
a
fee
of
one
hundred
dollars,
or
the
entity
may
allow
the
7
vehicle
owner
five
minutes
on
site
to
reclaim
personal
property
8
from
inside
the
vehicle
after
paying
a
one
hundred
dollar
9
fee.
The
entity
having
custody
of
the
vehicle
shall
choose
10
the
option
and
inform
the
owner
of
the
vehicle
accordingly.
11
Reclaiming
any
personal
property
from
inside
the
vehicle
does
12
not
constitute
reclaiming
the
vehicle.
13
Sec.
3.
Section
321.89,
subsection
3,
Code
2025,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
0c.
A
lienholder
or
insurance
company
who
16
receives
notice
under
this
subsection
may
request
information
17
regarding
the
condition
of
the
vehicle
upon
payment
of
a
fee
18
of
one
hundred
dollars.
If
such
a
request
is
made,
the
entity
19
with
custody
of
the
vehicle
may
satisfy
the
request
by
allowing
20
a
representative
of
the
lienholder
or
insurance
company
onto
21
the
premises
to
inspect
the
vehicle,
or
by
providing
the
22
lienholder
or
insurance
company
with
photos
of
the
vehicle
23
sufficient
to
reasonably
ascertain
the
condition
of
the
24
vehicle.
If
requested,
the
entity
with
custody
of
the
vehicle
25
shall
provide
photos
or
access
to
the
vehicle
prior
to
the
26
expiration
of
the
twenty-day
reclamation
period.
27
Sec.
4.
Section
321.89,
subsection
4,
Code
2025,
is
amended
28
to
read
as
follows:
29
4.
Reclamation
of
abandoned
vehicles.
An
entity
with
30
custody
of
an
abandoned
vehicle
shall
provide
an
itemized
31
account
of
all
fees
assessed
when
the
vehicle
is
reclaimed.
32
Prior
to
driving
an
abandoned
vehicle
away
from
the
premises,
33
a
person
who
received
,
or
who
is
reclaiming
the
vehicle
on
34
behalf
of
a
person
who
received
,
notice
under
subsection
3
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shall
present
to
the
police
authority
or
private
entity,
as
1
applicable,
the
person’s
valid
driver’s
license
and
proof
of
2
financial
liability
coverage
as
provided
in
section
321.20B
.
3
Sec.
5.
Section
321.90,
subsection
2,
paragraph
f,
Code
4
2025,
is
amended
to
read
as
follows:
5
f.
The
owner
of
an
abandoned
motor
vehicle
and
all
6
lienholders
shall
no
longer
have
any
right,
title,
claim,
or
7
interest
in
or
to
the
motor
vehicle;
and
no
court
in
any
case
8
in
law
or
equity
shall
recognize
any
right,
title,
claim,
or
9
interest
of
any
owner
or
lienholders
after
the
disposal
of
the
10
motor
vehicle
to
a
demolisher
,
so
long
as
notice
in
accordance
11
with
section
321.89,
subsection
3,
was
provided
.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
Current
law
requires
an
entity
that
takes
custody
of
an
16
abandoned
vehicle
to
send
notice
of
that
fact
to
all
known
17
claimants
of
the
vehicle
no
more
than
20
days
after
taking
18
custody
of
the
vehicle.
This
bill
requires
such
notice
to
be
19
sent
no
more
than
10
days
after
the
entity
takes
custody
of
an
20
abandoned
vehicle.
21
Current
law
requires
a
person
to
ask
for
a
hearing
regarding
22
an
abandoned
vehicle
or
reclaim
an
abandoned
vehicle
and
23
personal
property
left
inside
such
vehicle
within
10
days.
The
24
bill
extends
the
reclamation
period
to
20
days.
If
notice
25
is
not
provided
and
a
private
entity
takes
custody
of
the
26
vehicle
and
sells
the
vehicle
at
auction,
the
bill
requires
the
27
private
entity
to
pay
the
lienholder
from
the
auction
proceeds
28
as
much
as
those
proceeds
can
cover
of
the
remainder
owed
on
29
the
vehicle
loan
before
the
private
entity
uses
the
auction
30
proceeds
for
any
other
purpose.
31
The
bill
authorizes
persons
to
reclaim
any
personal
property
32
that
is
not
attached
to
a
vehicle
from
the
vehicle
during
33
the
normal
business
hours
of
the
entity
with
custody
of
the
34
vehicle,
by
providing
the
entity
a
list
of
the
personal
items
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inside
the
vehicle
and
paying
a
fee
of
$100.
Alternatively,
1
the
entity
may
allow
the
vehicle
owner
five
minutes
on
site
2
to
reclaim
personal
property
from
inside
the
vehicle
after
3
the
owner
pays
a
$100
fee.
The
entity
having
custody
of
the
4
vehicle
is
required
to
choose
the
option
and
inform
the
owner
5
of
the
vehicle
accordingly.
6
Under
the
bill,
a
lienholder
or
insurance
company
who
7
receives
notice
may
request
information
regarding
the
condition
8
of
the
vehicle
upon
payment
of
a
fee
of
$100.
Following
such
9
request,
the
entity
with
custody
of
the
vehicle
must
allow
a
10
representative
of
the
lienholder
or
insurance
company
onto
the
11
premises
to
inspect
the
vehicle,
or
provide
the
lienholder
12
or
insurance
company
with
photos
of
the
vehicle
sufficient
13
to
reasonably
ascertain
the
condition
of
the
vehicle.
If
14
requested,
the
entity
with
custody
of
the
vehicle
must
provide
15
photos
or
access
to
the
vehicle
prior
to
the
expiration
of
the
16
20-day
reclamation
period.
17
The
bill
requires
an
entity
with
custody
of
an
abandoned
18
vehicle
to
provide
an
itemized
account
of
all
fees
assessed
19
when
the
vehicle
is
reclaimed.
20
The
bill
provides
that
if
notice
is
not
provided,
as
required
21
in
the
bill,
any
known
claimant
does
not
forfeit
the
right
to
22
reclaim
the
vehicle,
and
does
not
lose
any
right,
title,
claim,
23
or
interest
in
the
vehicle.
24
By
operation
of
law,
it
is
a
simple
misdemeanor
for
a
person
25
to
do
an
act
forbidden
or
to
fail
to
perform
an
act
required
26
by
Code
chapter
321,
including
the
provisions
of
the
bill.
A
27
simple
misdemeanor
is
punishable
by
confinement
for
no
more
28
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
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