Bill Text: IA SF461 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to notification about the custody of abandoned motor vehicles. (Formerly SSB 1140.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Zumbach, Bertrand, and Bisignano. S.J. 108. [SF461 Detail]
Download: Iowa-2017-SF461-Introduced.html
Senate File 461 - Introduced SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1140) A BILL FOR 1 An Act relating to notification about the custody of abandoned 2 motor vehicles. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2242SV (2) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.89, subsection 3, paragraph a, Code 1 2 2017, is amended to read as follows: 1 3 a. A police authority or private entity that takes into 1 4 custody an abandoned vehicle shall notify, withintwentyseven 1 5 days, by certified mail, the last known registered owner of 1 6 the vehicle, all lienholders of record, and any other known 1 7 claimant to the vehicle or to personal property found in the 1 8 vehicle, addressed to the parties' last known addresses of 1 9 record, that the abandoned vehicle has been taken into custody. 1 10 Notice shall be deemed given when mailed. The notice shall 1 11 describe the year, make, model, and vehicle identification 1 12 number of the vehicle, describe the personal property found 1 13 in the vehicle, set forth the location of the facility where 1 14 the vehicle is being held, and inform the persons receiving 1 15 the notice of their right to reclaim the vehicle and personal 1 16 property within ten days after the effective date of the 1 17 notice upon payment of all towing, preservation, and storage 1 18 charges resulting from placing the vehicle in custody and 1 19 upon payment of the costs of notice required pursuant to this 1 20 subsection. The notice shall also state that the failure of 1 21 the owner, lienholders, or claimants to exercise their right 1 22 to reclaim the vehicle or personal property within the time 1 23 provided shall be deemed a waiver by the owner, lienholders, 1 24 and claimants of all right, title, claim, and interest in the 1 25 vehicle or personal property and that failure to reclaim the 1 26 vehicle or personal property is deemed consent to the sale of 1 27 the vehicle at a public auction or disposal of the vehicle to a 1 28 demolisher and to disposal of the personal property by sale or 1 29 destruction. If the abandoned vehicle was taken into custody 1 30 by a private entity without a police authority's initiative, 1 31 the notice shall state that the private entity may claim a 1 32 garagekeeper's lien as described in section 321.90, subsection 1 33 1, and may proceed to sell or dispose of the vehicle. If the 1 34 abandoned vehicle was taken into custody by a police authority 1 35 or by a private entity hired by a police authority, the notice 2 1 shall state that any person claiming rightful possession of 2 2 the vehicle or personal property who disputes the planned 2 3 disposition of the vehicle or property by the police authority 2 4 or private entity or of the assessment of fees and charges 2 5 provided by this section may ask for an evidentiary hearing 2 6 before the police authority to contest those matters. If the 2 7 persons receiving notice do not ask for a hearing or exercise 2 8 their right to reclaim the vehicle or personal property within 2 9 the ten=day reclaiming period, the owner, lienholders, or 2 10 claimants shall no longer have any right, title, claim, or 2 11 interest in or to the vehicle or the personal property. A 2 12 court in any case in law or equity shall not recognize any 2 13 right, title, claim, or interest of the owner, lienholders, 2 14 or claimants after the expiration of the ten=day reclaiming 2 15 period. 2 16 EXPLANATION 2 17 The inclusion of this explanation does not constitute agreement with 2 18 the explanation's substance by the members of the general assembly. 2 19 This bill decreases the period of time within which a 2 20 police authority or private entity that takes into custody an 2 21 abandoned vehicle is required to notify by certified mail the 2 22 last known registered owner of the vehicle, all lienholders 2 23 of record, and any other known claimant to the vehicle or to 2 24 personal property found in the vehicle from 20 days to seven 2 25 days. LSB 2242SV (2) 87 ns/nh