House File 2018
HOUSE FILE
BY GREINER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to registration of vehicles by owners of
2 abandoned vehicles.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5166HH 80
5 dea/sh/8
PAG LIN
1 1 Section 1. Section 321.30, subsection 14, unnumbered
1 2 paragraph 2, Code Supplement 2003, is amended to read as
1 3 follows:
1 4 15. The department or the county treasurer shall also
1 5 refuse registration of a vehicle if the applicant for
1 6 registration of the vehicle has failed to pay the required
1 7 registration fees of any vehicle owned or previously owned
1 8 when the registration fee was required to be paid by the
1 9 applicant, and for which vehicle the registration was
1 10 suspended or revoked under section 321.101, subsection 1,
1 11 paragraph "d", or section 321.101A, until the fees are paid
1 12 together with any accrued penalties.
1 13 Sec. 2. Section 321.30, Code Supplement 2003, is amended
1 14 by adding the following new subsection:
1 15 NEW SUBSECTION. 16. The department, or the county
1 16 treasurer upon notice by the department, shall refuse
1 17 registration of a vehicle if the applicant for registration of
1 18 the vehicle is a registered owner of an abandoned vehicle for
1 19 which any fines, penalties, surcharges, or court costs related
1 20 to the abandonment have not been paid, or for which there are
1 21 outstanding obligations owing pursuant to section 321.89,
1 22 subsection 3.
1 23 Sec. 3. Section 321.40, Code Supplement 2003, is amended
1 24 by adding the following new unnumbered paragraph:
1 25 NEW UNNUMBERED PARAGRAPH. The county treasurer shall
1 26 refuse to renew the registration of a vehicle registered to an
1 27 applicant if the treasurer has been notified by the department
1 28 that the applicant is a registered owner of an abandoned
1 29 vehicle for which any fines, penalties, surcharges, or court
1 30 costs related to the abandonment have not been paid, or for
1 31 which there are outstanding obligations owing pursuant to
1 32 section 321.89, subsection 3.
1 33 Sec. 4. Section 321.89, subsection 3, paragraph a, Code
1 34 2003, is amended to read as follows:
1 35 a. A police authority or private entity which that takes
2 1 into custody an abandoned vehicle shall notify, within twenty
2 2 days, by certified mail, the last known registered owner of
2 3 the vehicle, all lienholders of record, and any other known
2 4 claimant to the vehicle or to personal property found in the
2 5 vehicle, addressed to their last known addresses of record,
2 6 that the abandoned vehicle has been taken into custody.
2 7 Notice shall be deemed given when mailed. The notice shall
2 8 describe the year, make, model, and serial number of the
2 9 vehicle, describe the personal property found in the vehicle,
2 10 set forth the location of the facility where the vehicle is
2 11 being held, and inform the persons receiving the notice of
2 12 their right to reclaim the vehicle and personal property
2 13 within ten days after the effective date of the notice upon
2 14 payment of all towing, preservation, and storage charges
2 15 resulting from placing the vehicle in custody and upon payment
2 16 of the costs of notice required pursuant to this subsection.
2 17 The notice shall also state that the failure of the owner,
2 18 lienholders, or claimants to exercise their right to reclaim
2 19 the vehicle or personal property within the time provided
2 20 shall be deemed a waiver by the owner, lienholders, and
2 21 claimants of all right, title, claim, and interest in the
2 22 vehicle or personal property and that failure to reclaim the
2 23 vehicle or personal property is deemed consent to the sale of
2 24 the vehicle at a public auction or disposal of the vehicle to
2 25 a demolisher and to disposal of the personal property by sale
2 26 or destruction. The notice shall state that any person
2 27 claiming rightful possession of the vehicle or personal
2 28 property who disputes the planned disposition of the vehicle
2 29 or property by the police authority or private entity or of
2 30 the assessment of fees and charges provided by this section
2 31 may ask for an evidentiary hearing before the police authority
2 32 to contest those matters. If the persons receiving the notice
2 33 do not ask for a hearing or exercise their right to reclaim
2 34 the vehicle or personal property within the ten=day reclaiming
2 35 period, the owner, lienholders, or claimants shall no longer
3 1 have any right, title, claim, or interest in or to the vehicle
3 2 or the personal property. A court in any case in law or
3 3 equity shall not recognize any right, title, claim, or
3 4 interest of the owner, lienholders, or claimants, after the
3 5 expiration of the ten=day reclaiming period. However, all
3 6 expenses related to towing, impoundment, custody, or storage
3 7 and, if applicable, sale or disposal of the abandoned vehicle
3 8 and personal property, including the costs of notice and
3 9 publication, are the obligation of the registered owner. The
3 10 notice shall state that the department may refuse to register
3 11 or renew the registration of another vehicle in the owner's
3 12 name as long as any part of that obligation or any related
3 13 fine, penalty, surcharge, or court costs remain unpaid.
3 14 Sec. 5. Section 321.89, subsection 4, unnumbered paragraph
3 15 3, Code 2003, is amended to read as follows:
3 16 The director of transportation shall establish by rule a
3 17 claims procedure to be followed by police authorities in
3 18 obtaining expenses and costs from the fund. If a private
3 19 entity has been hired, the police authority may file a claim
3 20 with the department for reimbursement of towing fees which
3 21 shall be paid from the road use tax fund. The department
3 22 shall maintain a list of vehicle owners obligated for expenses
3 23 and costs paid from the fund and shall make the list available
3 24 to county treasurers for purposes of refusal of vehicle
3 25 registration pursuant to sections 321.30 and 321.40.
3 26 Sec. 6. Section 602.8102, Code Supplement 2003, is amended
3 27 by adding the following new subsection:
3 28 NEW SUBSECTION. 50B. Assist the state department of
3 29 transportation in refusing registration of motor vehicles,
3 30 pursuant to section 321.30 or 321.40, by persons who fail to
3 31 timely pay criminal fines or penalties, surcharges, or court
3 32 costs related to the violation of a law regulating abandonment
3 33 of motor vehicles.
3 34 EXPLANATION
3 35 This bill provides that a person who is the registered
4 1 owner of an abandoned vehicle, and who is obligated for
4 2 expenses related to towing, impoundment, custody, storage,
4 3 sale, or disposal of the vehicle or related personal property,
4 4 shall be refused new registration or registration renewal of
4 5 another vehicle until all such obligations, and any applicable
4 6 fines, penalties, surcharges, or court costs, are paid in
4 7 full. The general notice sent to owners, lienholders, and
4 8 claimants of abandoned vehicles shall include notice of the
4 9 potential refusal of registration. The state department of
4 10 transportation is to notify county treasurers of those persons
4 11 who are to be refused motor vehicle registration or renewal.
4 12 The clerks of court are to assist the department in
4 13 identifying owners of abandoned motor vehicles with
4 14 outstanding debts owed to the court.
4 15 LSB 5166HH 80
4 16 dea/sh/8