Bill Text: IA HF2219 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to abandoned vehicles, and making penalties applicable.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-02-05 - Subcommittee recommends passage. Vote Total: 3-0. [HF2219 Detail]
Download: Iowa-2023-HF2219-Introduced.html
House
File
2219
-
Introduced
HOUSE
FILE
2219
BY
MATSON
,
YOUNG
,
JUDGE
,
and
LOHSE
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
1,
paragraph
a,
1
subparagraph
(4),
Code
2024,
is
amended
to
read
as
follows:
2
(4)
A
vehicle
that
has
been
legally
impounded
by
order
of
3
a
police
authority
and
has
not
been
reclaimed
for
a
period
4
of
ten
thirty
days.
However,
a
police
authority
may
declare
5
the
vehicle
abandoned
within
the
ten-day
thirty-day
period
by
6
commencing
the
notification
process
in
subsection
3
.
7
Sec.
2.
Section
321.89,
subsection
2,
Code
2024,
is
amended
8
to
read
as
follows:
9
2.
Authority
to
take
possession
of
abandoned
vehicles.
10
a.
A
police
authority,
upon
the
authority’s
own
initiative
11
or
upon
the
request
of
any
other
authority
having
the
duties
12
of
control
of
highways
or
traffic,
shall
take
into
custody
an
13
abandoned
vehicle
on
public
property
and
may
take
into
custody
14
an
abandoned
vehicle
on
private
property.
The
police
authority
15
may
employ
its
own
personnel,
equipment,
and
facilities
or
16
hire
a
private
entity,
equipment,
and
facilities
for
the
17
purpose
of
removing,
preserving,
storing,
or
disposing
of
18
abandoned
vehicles.
A
property
owner
or
other
person
in
19
control
of
private
property
may
employ
a
private
entity
who
is
20
a
garagekeeper,
as
defined
in
section
321.90
,
to
dispose
of
an
21
abandoned
vehicle,
and
the
private
entity
may
take
into
custody
22
the
abandoned
vehicle
without
a
police
authority’s
initiative.
23
If
a
police
authority
employs
a
private
entity
to
dispose
of
24
abandoned
vehicles,
the
police
authority
shall
provide
the
25
private
entity
with
the
names
and
addresses
of
the
registered
26
owners,
all
lienholders
of
record,
and
any
other
known
claimant
27
to
the
vehicle
or
the
personal
property
found
in
the
vehicle.
28
The
owners,
lienholders,
or
other
claimants
of
the
abandoned
29
vehicle
shall
not
have
a
cause
of
action
against
a
private
30
entity
for
action
taken
under
this
section
if
the
private
31
entity
provides
does
not
act
reasonably
or
in
good
faith
and
32
damages
the
vehicle,
or
fails
to
provide
notice
as
required
by
33
subsection
3
,
paragraphs
“a”
through
“f”
.
34
b.
A
police
authority
or
private
entity
shall
not
take
into
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custody
an
abandoned
vehicle
and
shall
release
the
vehicle
to
1
the
owner
at
no
cost
if
the
owner
is
present
before
the
vehicle
2
is
removed
from
the
area
where
it
was
parked.
This
paragraph
3
does
not
apply
to
a
vehicle
abandoned
in
a
location
that
may
4
constitute
a
risk
to
the
welfare
of
another,
including
but
5
not
limited
to
an
area
blocking
access
to
a
fire
hydrant
or
6
interfering
with
the
entrance
to
an
emergency
room
or
hospital.
7
Sec.
3.
Section
321.89,
subsection
3,
paragraphs
a,
e,
and
8
f,
Code
2024,
are
amended
to
read
as
follows:
9
a.
A
police
authority
or
private
entity
that
takes
into
10
custody
an
abandoned
vehicle
shall
send
notice
by
certified
11
mail
that
the
vehicle
has
been
taken
into
custody
no
more
than
12
twenty
ten
days
after
taking
custody
of
the
vehicle.
Notice
13
shall
be
sent
to
the
last
known
address
of
record
of
the
last
14
known
registered
owner
of
the
vehicle,
all
lienholders
of
15
record,
and
any
other
known
claimant
to
the
vehicle.
16
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
17
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
18
property
within
the
ten-day
thirty-day
reclaiming
period,
the
19
owner,
lienholders,
or
claimants
shall
no
longer
have
any
20
right,
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
21
personal
property.
22
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
23
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
24
or
claimants
after
the
expiration
of
the
ten-day
thirty-day
25
reclaiming
period.
26
Sec.
4.
Section
321.89,
subsection
3,
paragraph
b,
Code
27
2024,
is
amended
by
adding
the
following
new
subparagraph:
28
NEW
SUBPARAGRAPH
.
(03)
The
reason
the
vehicle
was
taken
29
into
custody,
a
photograph
showing
the
vehicle
where
the
30
vehicle
was
taken
into
custody,
and,
if
the
vehicle
was
parked
31
illegally,
evidence
of
that
fact.
32
Sec.
5.
Section
321.89,
subsection
3,
paragraph
b,
33
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
34
(3)
Information
for
the
persons
receiving
the
notice
of
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their
right
to
reclaim
the
vehicle
and
personal
property
1
contained
therein
within
ten
thirty
days
after
the
effective
2
date
of
the
notice.
Persons
may
reclaim
the
vehicle
or
3
personal
property
upon
payment
of
all
towing,
preservation,
and
4
storage
charges
resulting
from
placing
the
vehicle
in
custody
5
and
upon
payment
of
the
costs
of
notice
required
pursuant
to
6
this
subsection
.
During
the
normal
business
hours
of
the
7
entity
with
custody
of
the
vehicle,
persons
may
retrieve
any
8
personal
property
left
in
the
vehicle
at
no
cost
and
without
9
reclaiming
the
vehicle.
10
Sec.
6.
Section
321.89,
subsection
4,
Code
2024,
is
amended
11
to
read
as
follows:
12
4.
Reclamation
Fees
——
reclamation
of
abandoned
vehicles.
13
a.
A
private
entity
shall
do
all
of
the
following:
14
(1)
Provide
a
person
reclaiming
an
abandoned
vehicle
with
an
15
itemized
account
of
all
fees.
16
(2)
Post
the
rates
for
all
fees
on
the
entity’s
internet
17
site,
if
applicable,
and
in
clear
view
at
the
location
where
18
vehicles
are
reclaimed.
19
(3)
Accept
payment
by
credit
card,
in
addition
to
any
other
20
payment
method
accepted
by
the
entity.
21
(4)
Provide
information
about
the
entity,
including
a
copy
22
of
any
business
license,
upon
request.
23
b.
A
private
entity
shall
not
charge
a
storage
fee
during
24
the
first
twenty-four
hours
after
the
entity
takes
custody
of
25
an
abandoned
vehicle.
26
c.
Prior
to
driving
an
abandoned
vehicle
away
from
the
27
premises,
a
person
who
received
or
who
is
reclaiming
the
28
vehicle
on
behalf
of
a
person
who
received
notice
under
29
subsection
3
shall
present
to
the
police
authority
or
private
30
entity,
as
applicable,
the
person’s
valid
driver’s
license
and
31
proof
of
financial
liability
coverage
as
provided
in
section
32
321.20B
.
33
d.
A
person
reclaiming
an
abandoned
vehicle
is
entitled
to
34
record
by
video
or
photograph
any
action
a
private
entity
takes
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related
to
taking
custody
of
an
abandoned
vehicle
or
returning
1
a
reclaimed
vehicle.
2
e.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
3
providing
the
maximum
amounts
a
private
entity
can
charge
for
4
abandoned
vehicle
towing
and
storage
fees.
5
Sec.
7.
Section
321.90,
subsection
1,
Code
2024,
is
amended
6
to
read
as
follows:
7
1.
Garagekeepers
and
abandoned
motor
vehicles.
Any
motor
8
vehicle
left
in
a
garage
operated
for
commercial
purposes
9
after
the
period
for
which
the
vehicle
was
to
remain
on
the
10
premises
shall,
after
notice
by
certified
mail
to
the
last
11
known
registered
owner
of
the
vehicle
addressed
to
the
owner’s
12
last
known
address
of
record
to
reclaim
the
vehicle
within
ten
13
thirty
days
of
the
date
of
the
notice,
be
deemed
an
abandoned
14
motor
vehicle
unless
reclaimed
by
the
owner
within
such
ten-day
15
thirty-day
period
or
the
owner
notifies
the
garagekeeper
16
in
writing
within
such
period
of
time
that
such
vehicle
is
17
not
an
abandoned
motor
vehicle
and
shall
be
reported
by
the
18
garagekeeper
to
the
police
authority.
If
the
identity
or
19
address
of
the
last
registered
owner
of
the
motor
vehicle
20
cannot
be
determined,
the
vehicle
shall
be
deemed
an
abandoned
21
motor
vehicle
on
the
eleventh
thirty-first
day
after
the
period
22
for
which
the
vehicle
was
to
remain
on
the
premises
unless
23
reclaimed
by
the
owner
within
the
ten-day
thirty-day
period
24
or
the
owner
notifies
the
garagekeeper
in
writing
within
such
25
period
of
time
that
such
vehicle
is
not
an
abandoned
motor
26
vehicle
and
shall
be
reported
by
the
garagekeeper
to
the
police
27
authority.
All
abandoned
motor
vehicles
left
in
garages
may
28
be
taken
into
custody
by
a
police
authority
upon
the
request
29
of
the
garagekeeper
and
sold
in
accordance
with
the
procedures
30
set
forth
in
section
321.89,
subsection
5
,
unless
the
motor
31
vehicle
is
reclaimed.
The
proceeds
of
the
sale
shall
be
first
32
applied
to
the
garagekeeper’s
charges
for
towing
and
storage,
33
and
any
surplus
proceeds
shall
be
distributed
in
accordance
34
with
section
321.89,
subsection
5
.
Nothing
in
this
section
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shall
be
construed
to
impair
any
lien
of
a
garagekeeper
under
1
the
laws
of
this
state,
or
the
right
of
a
garagekeeper
to
2
foreclose
the
garagekeeper’s
lien,
provided
that
a
garagekeeper
3
shall
be
deemed
to
have
abandoned
the
garagekeeper’s
artisan
4
lien
when
such
vehicle
is
taken
into
custody
by
the
police
5
authority.
For
the
purposes
of
this
section
“garagekeeper”
6
means
any
operator
of
a
parking
place
or
establishment,
motor
7
vehicle
storage
facility,
or
establishment
for
the
servicing,
8
repair,
or
maintenance
of
motor
vehicles.
9
Sec.
8.
Section
321.91,
subsection
1,
Code
2024,
is
amended
10
to
read
as
follows:
11
1.
No
Except
as
otherwise
provided
in
section
321.89,
a
12
person,
firm,
corporation,
unit
of
government,
garagekeeper
,
or
13
police
authority
upon
whose
property
an
abandoned
vehicle
is
14
found
or
who
disposes
of
such
abandoned
vehicle
in
accordance
15
with
sections
321.89
and
321.90
shall
not
be
liable
for
damages
16
by
reason
of
the
removal,
sale,
or
disposal
of
such
vehicle
,
17
provided
the
actions
were
reasonable
and
taken
in
good
faith
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
abandoned
vehicles.
22
Under
current
law,
a
person
whose
vehicle
was
abandoned
has
23
10
days
to
reclaim
the
vehicle
after
receiving
notice
from
the
24
police
authority
or
private
entity
that
took
custody
of
the
25
vehicle.
The
bill
increases
this
to
30
days.
26
The
bill
provides
a
cause
of
action
for
owners,
lienholders,
27
and
other
claimants
of
an
abandoned
vehicle
against
a
private
28
entity
for
action
taken
related
to
taking
custody
of
and
29
holding
the
vehicle
if
the
private
entity
does
not
act
30
reasonably
or
in
good
faith
and
damages
the
vehicle,
or
fails
31
to
provide
required
notice.
Current
law
also
provides
a
32
general
limitation
on
liability
regarding
abandoned
vehicles
33
(Code
section
321.91).
The
bill
specifies
that
the
provision
34
applies
provided
the
associated
actions
were
reasonable
and
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taken
in
good
faith.
1
The
bill
prohibits
a
police
authority
or
private
entity
from
2
taking
into
custody
a
vehicle
if
the
owner
is
present
before
3
the
vehicle
is
removed
from
the
area
where
it
was
parked
and
4
requires
the
authority
or
entity
to
release
the
vehicle
to
the
5
owner
at
no
cost.
However,
this
does
not
apply
to
a
vehicle
6
abandoned
in
a
location
that
may
constitute
a
risk
to
the
7
welfare
of
another,
including
an
area
blocking
a
fire
hydrant
8
or
entrance
to
an
emergency
room
or
hospital.
9
Current
law
requires
a
police
authority
or
private
entity
10
that
takes
into
custody
an
abandoned
vehicle
to
send
notice
11
to
the
last
known
owner
and
other
persons
with
an
interest
in
12
the
vehicle
by
certified
mail
that
the
vehicle
has
been
taken
13
into
custody
no
more
than
20
days
after
taking
custody
of
the
14
vehicle.
The
bill
instead
requires
notice
to
be
sent
within
10
15
days
after
taking
custody
of
the
vehicle.
16
In
addition
to
the
notice
requirements
under
Code
section
17
321.89(3),
the
bill
requires
such
notice
to
include
the
reason
18
the
vehicle
was
taken
into
custody,
a
photograph
showing
the
19
vehicle
where
the
vehicle
was
taken
into
custody,
and,
if
the
20
vehicle
was
parked
illegally,
evidence
of
that
fact.
21
Current
law
requires
a
person
to
pay
all
towing,
22
preservation,
storage
charges,
and
costs
of
required
notice
23
prior
to
reclaiming
the
vehicle
or
personal
property
within
the
24
vehicle.
The
bill
provides
that
a
person
may
reclaim
personal
25
property
from
a
vehicle
during
normal
business
hours
at
no
cost
26
and
without
reclaiming
the
vehicle.
27
The
bill
requires
a
private
entity
to
provide
an
itemized
28
account
of
all
fees
charged,
publicly
post
the
rates
for
all
29
fees,
accept
payment
of
fees
by
credit
card,
and
provide
30
information
about
the
entity
upon
request.
The
bill
prohibits
31
a
private
entity
from
charging
a
storage
fee
during
the
32
first
24
hours
after
the
entity
takes
custody
of
a
vehicle.
33
The
bill
requires
the
department
of
transportation
to
adopt
34
administrative
rules
providing
the
maximum
amounts
a
private
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entity
can
charge
for
abandoned
vehicle
towing
and
storage
1
fees.
2
The
bill
authorizes
a
person
reclaiming
an
abandoned
vehicle
3
to
record
by
video
or
photograph
any
action
a
private
entity
4
takes
related
to
taking
custody
of
an
abandoned
vehicle
or
5
returning
a
reclaimed
vehicle.
6
By
operation
of
law,
it
is
a
simple
misdemeanor
for
a
person
7
to
do
an
act
forbidden
or
to
fail
to
perform
an
act
required
8
by
Code
chapter
321,
including
the
provisions
of
the
bill.
A
9
simple
misdemeanor
is
punishable
by
confinement
for
no
more
10
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
11
-7-
LSB
5407YH
(5)
90
th/ns
7/
7
