Bill Text: IA HSB103 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to notice requirements for abandoned vehicles taken into custody by a police authority or private entity.(See HF 650.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-23 - Committee report approving bill, renumbered as HF 650. [HSB103 Detail]
Download: Iowa-2021-HSB103-Introduced.html
House
Study
Bill
103
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BEST)
A
BILL
FOR
An
Act
relating
to
notice
requirements
for
abandoned
vehicles
1
taken
into
custody
by
a
police
authority
or
private
entity.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1830YC
(4)
89
th/ns
H.F.
_____
Section
1.
Section
321.89,
subsection
3,
Code
2021,
is
1
amended
to
read
as
follows:
2
3.
Notification
of
owner,
lienholders,
and
other
claimants.
3
a.
A
police
authority
or
private
entity
that
takes
into
4
custody
an
abandoned
vehicle
shall
notify,
within
send
notice
5
by
certified
mail
that
the
vehicle
has
been
taken
into
custody
6
no
more
than
twenty
days
,
by
certified
mail,
after
taking
7
custody
of
the
vehicle.
Notice
shall
be
sent
to
the
last
8
known
address
of
record
of
the
last
known
registered
owner
of
9
the
vehicle,
all
lienholders
of
record,
and
any
other
known
10
claimant
to
the
vehicle
or
to
personal
property
found
in
the
11
vehicle,
addressed
to
the
parties’
last
known
addresses
of
12
record,
that
the
abandoned
vehicle
has
been
taken
into
custody
.
13
b.
Notice
shall
be
deemed
given
when
mailed.
The
notice
14
shall
describe
include
all
of
the
following:
15
(1)
A
description
of
the
year,
make,
model,
and
vehicle
16
identification
number
of
the
vehicle
,
describe
the
personal
17
property
found
in
the
vehicle,
set
forth
the
.
18
(2)
The
location
of
the
facility
where
the
vehicle
is
being
19
held
,
and
inform
.
20
(3)
Information
for
the
persons
receiving
the
notice
of
21
their
right
to
reclaim
the
vehicle
and
personal
property
22
contained
therein
within
ten
days
after
the
effective
date
23
of
the
notice
.
Persons
may
reclaim
the
vehicle
or
personal
24
property
upon
payment
of
all
towing,
preservation,
and
storage
25
charges
resulting
from
placing
the
vehicle
in
custody
and
26
upon
payment
of
the
costs
of
notice
required
pursuant
to
this
27
subsection
.
The
notice
shall
also
state
28
(4)
A
statement
that
the
failure
of
the
owner,
lienholders,
29
or
claimants
to
exercise
their
right
to
reclaim
the
vehicle
or
30
personal
property
within
the
time
provided
shall
be
deemed
a
31
waiver
by
the
owner,
lienholders,
and
claimants
of
all
right,
32
title,
claim,
and
interest
in
the
vehicle
or
personal
property
33
and
.
34
(5)
A
statement
that
failure
to
reclaim
the
vehicle
or
35
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3
H.F.
_____
personal
property
is
deemed
consent
for
the
police
authority
1
or
private
entity
to
the
sale
of
sell
the
vehicle
at
a
public
2
auction
or
disposal
dispose
of
the
vehicle
to
a
demolisher
3
and
to
disposal
dispose
of
the
personal
property
by
sale
or
4
destruction.
5
c.
If
the
abandoned
vehicle
was
taken
into
custody
by
6
a
private
entity
without
a
police
authority’s
initiative,
7
the
notice
shall
state
that
the
private
entity
may
claim
a
8
garagekeeper’s
lien
as
described
in
section
321.90,
subsection
9
1
,
and
may
proceed
to
sell
or
dispose
of
the
vehicle.
10
d.
If
the
abandoned
vehicle
was
taken
into
custody
by
a
11
police
authority
or
by
a
private
entity
hired
by
a
police
12
authority,
the
notice
shall
state
that
any
person
claiming
13
rightful
possession
of
the
vehicle
or
personal
property
who
14
disputes
the
planned
disposition
of
the
vehicle
or
personal
15
property
by
the
police
authority
or
private
entity
or
of
the
16
assessment
of
fees
and
charges
provided
by
this
section
may
17
ask
for
an
evidentiary
hearing
before
the
police
authority
to
18
contest
those
matters.
19
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
20
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
21
property
within
the
ten-day
reclaiming
period,
the
owner,
22
lienholders,
or
claimants
shall
no
longer
have
any
right,
23
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
personal
24
property.
25
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
26
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
27
or
claimants
after
the
expiration
of
the
ten-day
reclaiming
28
period.
29
b.
g.
If
it
is
impossible
to
determine
with
reasonable
30
certainty
the
identity
identities
and
addresses
of
the
last
31
registered
owner
and
all
lienholders,
notice
by
one
publication
32
in
one
newspaper
of
general
circulation
in
the
area
where
33
the
vehicle
was
abandoned
shall
be
sufficient
to
meet
all
34
requirements
of
notice
under
this
section
.
The
published
35
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3
H.F.
_____
notice
may
contain
multiple
listings
of
abandoned
vehicles
and
1
personal
property
but
shall
be
published
within
the
same
time
2
requirements
and
contain
the
same
information
as
prescribed
for
3
mailed
notice
in
paragraph
“a”
this
subsection
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Current
law
requires
a
police
authority
or
private
entity
8
that
takes
into
custody
an
abandoned
vehicle
to
notify,
within
9
20
days,
by
certified
mail,
the
last
known
registered
owner
of
10
the
vehicle,
all
lienholders
of
record,
and
any
other
known
11
claimant
to
the
vehicle
or
to
personal
property
found
in
the
12
vehicle,
addressed
to
the
parties’
last
known
addresses
of
13
record,
that
the
abandoned
vehicle
has
been
taken
into
custody,
14
along
with
other
specific
details
concerning
the
abandoned
15
vehicle.
16
This
bill
eliminates
the
requirement
to
provide
notice
to
17
the
claimants
of
any
personal
property
found
in
the
vehicle.
18
The
bill
eliminates
the
requirement
to
describe
the
personal
19
property
found
in
the
vehicle
in
the
notice
that
is
otherwise
20
required
by
law.
A
person
may
still
reclaim
any
personal
21
property
located
inside
the
vehicle.
22
The
bill
makes
organizational
and
conforming
changes
to
Code
23
section
321.89(3).
24
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th/ns
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3
